STATE OF NEW YORK
________________________________________________________________________
4987
2019-2020 Regular Sessions
IN ASSEMBLY
February 6, 2019
___________
Introduced by M. of A. O'DONNELL, WALKER, BLAKE, WEPRIN, CARROLL, ORTIZ,
D'URSO, JEAN-PIERRE -- Multi-Sponsored by -- M. of A. LENTOL -- read
once and referred to the Committee on Election Law
AN ACT to amend the election law, the criminal procedure law and the
correction law, in relation to voting by convicted felons
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 2 of section 5-106 of the election law, as
2 amended by chapter 373 of the laws of 1978, is amended to read as
3 follows:
4 2. No person who has been convicted of a felony and sentenced to a
5 period of imprisonment for such felony pursuant to the laws of this
6 state, shall have the right to register for or vote at any election
7 [unless he shall have been pardoned or restored to the rights of citi-
8 zenship by the governor, or his maximum sentence of imprisonment has
9 expired, or he has been discharged from parole. The governor, however,
10 may attach as a condition to any such pardon a provision that any such
11 person shall not have the right of suffrage until it shall have been
12 separately restored to him] while he or she is incarcerated for such
13 felony.
14 § 2. Subdivision 3 of section 5-106 of the election law is amended to
15 read as follows:
16 3. No person who has been convicted in a federal court, of a felony,
17 or a crime or offense which would constitute a felony under the laws of
18 this state, and sentenced to a period of imprisonment for such felony,
19 shall have the right to register for or vote at any election [unless he
20 shall have been pardoned or restored to the rights of citizenship by the
21 president of the United States, or his maximum sentence of imprisonment
22 has expired, or he has been discharged from parole] while he or she is
23 incarcerated for such felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02910-02-9
A. 4987 2
1 § 3. Subdivision 4 of section 5-106 of the election law is amended to
2 read as follows:
3 4. No person who has been convicted in another state for a crime or
4 offense which would constitute a felony under the laws of this state and
5 sentenced to a period of imprisonment for such felony, shall have the
6 right to register for or vote at any election in this state [unless he
7 shall have been pardoned or restored to the rights of citizenship by the
8 governor or other appropriate authority of such other state, or his
9 maximum sentence has expired, or he has been discharged from parole]
10 while he or she is incarcerated for such felony.
11 § 4. Section 220.50 of the criminal procedure law is amended by adding
12 a new subdivision 8 to read as follows:
13 8. Prior to accepting a defendant's plea of guilty to a count or
14 counts of an indictment or a superior court information charging a felo-
15 ny offense, the court must advise the defendant on the record that
16 conviction will result in loss of the right to vote while the defendant
17 is serving a felony sentence in a correctional facility and that the
18 right to vote will be restored upon the defendant's release.
19 § 5. Section 380.50 of the criminal procedure law is amended by adding
20 a new subdivision 7 to read as follows:
21 7. Before imposing a sentence of incarceration for a felony
22 conviction, the court must advise the defendant on the record that
23 conviction will result in the loss of the right to vote while the indi-
24 vidual is serving a felony sentence in a correctional facility and that
25 the right to vote will be restored upon the defendant's release.
26 § 6. Section 75 of the correction law, as amended by section 18 of
27 subpart A of part C of chapter 62 of the laws of 2011, is amended to
28 read as follows:
29 § 75. Notice of voting rights. [Upon] Prior to the [discharge] release
30 from a correctional facility of any person [whose maximum sentence of
31 imprisonment has expired or upon a person's discharge from community
32 supervision,] the department shall notify such person [of his or her
33 right to vote] verbally and in writing, that his or her voting rights
34 will be restored upon release and provide such person with a form of
35 application for voter registration [together with] and a declination
36 form, offer such person assistance in filling out the appropriate form,
37 and provide such person written information distributed by the board of
38 elections on the importance and the mechanics of voting. Unless such
39 person refuses, the department shall transmit the completed application
40 upon such person's release to the state board or local board where such
41 person resides.
42 § 7. The correction law is amended by adding a new section 510 to read
43 as follows:
44 § 510. Voting upon release. Prior to the release from a local correc-
45 tional facility of any person convicted of a felony the chief adminis-
46 trative officer shall notify such person verbally and in writing that
47 his 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. Unless
52 such person refuses, the chief administrative officer shall transmit the
53 completed application upon such person's release to the state board or
54 local board where such person resides.
55 § 8. The correction law is amended by adding a new section 209 to read
56 as follows:
A. 4987 3
1 § 209. Notice of voting rights. The department shall notify each
2 person serving a period of community supervision of his or her right to
3 vote and provide such person with a form of application for voter regis-
4 tration and a declination form, offer such person assistance in filling
5 out the appropriate form, and provide such person written information
6 distributed by the board of elections on the importance and the mechan-
7 ics of voting. Unless such person refuses, the department shall transmit
8 the completed application to the state board or local board where such
9 person resides.
10 § 9. Section 3-102 of the election law is amended by adding a new
11 subdivision 16-b to read as follows:
12 16-b. Develop and implement a program to educate attorneys, judges,
13 election officials, corrections officials, including parole and
14 probation officers, and members of the public regarding the requirements
15 of the chapter of the laws of two thousand nineteen which added this
16 subdivision.
17 § 10. This act shall take effect immediately, provided, however, that
18 sections four, five, six, seven, eight and nine of this act shall take
19 effect on the one hundred twentieth day after it shall have become a
20 law.