Bill Text: NY A04973 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to authorizing voting by incarcerated individuals in correctional facilities; requires the department of corrections and community supervision, in collaboration with the state and county boards of election, to establish a program to facilitate incarcerated individuals voter registration and voting.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2025-02-10 - referred to election law [A04973 Detail]

Download: New_York-2025-A04973-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4973

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2025
                                       ___________

        Introduced  by  M.  of  A.  GIBBS,  SAYEGH,  LEVENBERG,  FORREST,  CRUZ,
          BICHOTTE HERMELYN, TAYLOR, LUCAS, HYNDMAN, TAPIA, MITAYNES,  MEEKS  --
          Multi-Sponsored  by -- M. of A. SIMON -- read once and referred to the
          Committee on Election Law

        AN ACT to amend the election law and the correction law, in relation  to
          authorizing voting by incarcerated individuals in correctional facili-
          ties;  and  to  repeal certain provisions of the election law relating
          thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  5-104 of the election law is amended by adding a
     2  new subdivision 1-a to read as follows:
     3    1-a. An incarcerated individual voting while incarcerated in  a  state
     4  or  local  correctional  facility  shall be considered a resident of the
     5  county, city, town and/or village such incarcerated  individual  resided
     6  in prior to their incarceration.
     7    §  2.  Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law
     8  are REPEALED and subdivision 6 is renumbered subdivision 2.
     9    § 3. Subdivision 1 of section 5-400 of the election law, as amended by
    10  chapter 659 of the laws of 1994, paragraph (a) as amended by  chapter  3
    11  of  the  laws  of 2019, is amended and a new subdivision 1-a is added to
    12  read as follows:
    13    1. A voter's registration, including the registration of  a  voter  in
    14  inactive  status,  shall  be  cancelled if, since the time of [his] such
    15  voter's last registration, [he] such voter:
    16    (a) Moved [his or her] their residence outside the state.
    17    (b) [Was convicted of a felony disqualifying him from voting  pursuant
    18  to the provisions of section 5-106 of this article.
    19    (c)] Has been adjudicated an incompetent.
    20    [(d)] (c) Refused to take a challenge oath.
    21    [(e)] (d) Has died.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00819-01-5
        A. 4973                             2

     1    [(f)]  (e)  Did  not  vote  in  any election conducted by the board of
     2  elections during the period ending with the second general  election  at
     3  which  candidates  for federal office are on the ballot after [his] such
     4  voter's name was placed in inactive status and for  whom  the  board  of
     5  elections  did  not,  during  such period, in any other way, receive any
     6  information that such voter still resides in the same county or city.
     7    [(g)] (f) Personally requested to have [his] their name  removed  from
     8  the list of registered voters.
     9    [(h)]  (g)  For  any  other  reason, is no longer qualified to vote as
    10  provided in this chapter.
    11    1-a. A voter's registration shall not be cancelled while such voter is
    12  incarcerated in a state or local correctional facility.
    13    § 4. Subdivision 2 of section 5-708 of the election  law  is  REPEALED
    14  and  subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by chap-
    15  ter 659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5  and
    16  6.
    17    § 5. Subdivision 3 of section 5-708 of the election law, as amended by
    18  chapter  659  of  the  laws of 1994 and as renumbered by section four of
    19  this act, paragraph a as amended by chapter 200 of the laws of 1996,  is
    20  amended to read as follows:
    21    3.  a.  If  a  board of elections receives any notices pursuant to the
    22  provisions of [subdivisions] subdivision two [and three] of this section
    23  which set forth a residence address outside of the  city  or  county  of
    24  such  board's  jurisdiction,  it  shall, at least once a month, transmit
    25  such notices to the appropriate board of elections, or, if such  address
    26  is outside the state, to the state board of elections.
    27    b.  The  state board shall arrange such notices and the names received
    28  pursuant to the other provisions of this section by county of  residence
    29  and  transmit  such  notices [and any notices of conviction for a felony
    30  received from a United States attorney]  to  the  appropriate  board  of
    31  elections.
    32    c.  If  any  such  notices,  or  names  received pursuant to the other
    33  provisions of this section, set forth a residence  address  outside  New
    34  York  state,  the  state  board shall transmit such notices to the chief
    35  state election official of such state at such times and in  such  manner
    36  as it deems appropriate.
    37    §  6.  Section  75 of the correction law, as amended by chapter 103 of
    38  the laws of 2021, is amended to read as follows:
    39    § 75. Notice of voting rights. 1.  The  department,  in  collaboration
    40  with  the state and county boards of election, shall establish a program
    41  to facilitate incarcerated individuals voter  registration  and  voting.
    42  Such program shall include access and assistance with voter registration
    43  forms  and a mechanism for voting, including, but not limited to, absen-
    44  tee ballots.
    45    2. Prior to the release from a correctional facility of any person the
    46  department shall [notify such person verbally and in writing,  that  his
    47  or  her  voting  rights  will be restored upon release and] provide such
    48  person with a form of application for voter registration and a  declina-
    49  tion  form,  offer such person assistance in filling out the appropriate
    50  form, and provide such person written  information  distributed  by  the
    51  board  of  elections on the importance and the mechanics of voting. Upon
    52  release, such person may choose to either  submit  [his  or  her]  their
    53  completed  application  to  the  state  board or county board where such
    54  person resides or have the department transmit it on [his or her]  their
    55  behalf.  Where  such  person chooses to have the department transmit the
    56  application, the department shall  transmit  the  completed  application
        A. 4973                             3

     1  upon such person's release to the state board or county board where such
     2  person resides.
     3    §  7.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law. Effective immediately, the addition, amendment and/or
     5  repeal of any rule or regulation necessary  for  the  implementation  of
     6  this  act  on its effective date are authorized to be made and completed
     7  on or before such effective date.