Bill Text: NY A09239 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enables persons charged with or convicted of a crime to register to vote and to vote; repeals certain provisions relating to voter challenges at polling places and to notice of voter rights.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-02-09 - referred to election law [A09239 Detail]

Download: New_York-2021-A09239-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9239

                   IN ASSEMBLY

                                    February 9, 2022
                                       ___________

        Introduced by M. of A. EPSTEIN, MAMDANI, ZINERMAN, SIMON, JACKSON, GOTT-
          FRIED -- read once and referred to the Committee on Election Law

        AN  ACT to amend the election law and the correction law, in relation to
          enabling persons charged with or convicted of a crime to  register  to
          vote  and  to vote; to amend the New York city charter, in relation to
          making conforming changes; to repeal subdivision 5 of section 8-504 of
          the election law relating to voter challenges at polling  places;  and
          to repeal subdivisions 10 of section 1057-a of the New York city char-
          ter relating to notice of voter rights

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

     1    Section 1. The election law is amended by adding a new  section  8-409
     2  to read as follows:
     3    § 8-409. Voting by incarcerated persons. 1. Any person incarcerated in
     4  a state or local correctional facility, as defined in section two of the
     5  correction law, shall be entitled to vote by absentee ballot as provided
     6  in section seventy-five of the correction law.
     7    2.  All ballots cast pursuant to this section and section seventy-five
     8  of the correction law shall be cast in the manner provided by this chap-
     9  ter for the casting of absentee ballots.
    10    3.  All  ballots  cast  pursuant to the provisions of this section and
    11  section seventy-five of the correction law which are    received  before
    12  the close of the polls on election day by the board of elections charged
    13  with  the   duty   of   casting  and  canvassing  such ballots,  may  be
    14  delivered to the inspectors of election in the manner prescribed by this
    15  chapter or retained at the  board of elections and  cast  and  canvassed
    16  pursuant to the provisions of section 9-209 of this chapter.
    17    §  2.  Section  75 of the correction law, as amended by chapter 103 of
    18  the laws of 2021, is amended to read as follows:
    19    § 75. [Notice of voting] Voting rights. [Prior to the release from  a]
    20  1.  Upon the admission of an incarcerated individual to a state or local
    21  correctional facility [of any person], the department shall notify  such
    22  [person verbally and in writing, that] incarcerated individual of his or
    23  her voting rights [will be restored upon release and provide such person

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09533-02-2
        A. 9239                             2

     1  with  a  form  of  application  for voter registration and a declination
     2  form, offer such person assistance in filling out the appropriate  form,
     3  and  provide such person written information distributed by the board of
     4  elections  on  the importance and the mechanics of voting. Upon release,
     5  such person may choose to either submit his or her completed application
     6  to the state board or county board where such person resides or have the
     7  department transmit it on his or her behalf. Where such  person  chooses
     8  to  have  the  department transmit the application, the department shall
     9  transmit the completed application upon such  person's  release  to  the
    10  state  board or associated with an absentee ballot without interference.
    11  county board where such person resides.] and, upon the request  of  such
    12  incarcerated individual, provide such individual with a form of applica-
    13  tion  for  voter registration together with written information distrib-
    14  uted by the board of  elections  on  the  importance  and  mechanics  of
    15  voting, or with access to the electronic voter registration  transmittal
    16  system described in title five of article eight of the election law. The
    17  superintendent  of  the  correctional  facility  shall  ensure  that all
    18  completed voter registrations are:
    19    (a) properly and immediately submitted electronically to the  applica-
    20  ble  board of elections if the electronic voter registration transmittal
    21  system is utilized; or
    22    (b) deposited with the United States Post Office within three days  of
    23  being  filled  out  by  an  incarcerated  individual  if registration is
    24  submitted on paper.
    25    2. Each incarcerated individual who is qualified to  vote  and  regis-
    26  tered  to  vote may apply to his or her county board of elections for an
    27  absentee ballot in the manner provided for by  the  mail  provisions  of
    28  section  8-400  of  the  election law. There shall be a presumption that
    29  incarcerated individuals are qualified to vote and registered  to  vote.
    30  The  superintendent  of the correctional facility shall ensure that each
    31  such application for an absentee ballot is   deposited with  the  United
    32  States Post Office within three days of being filled out by an incarcer-
    33  ated individual.
    34    3. Each absentee ballot received at the correctional facility shall be
    35  delivered  to  the   incarcerated individual   to whom it  is  addressed
    36  within  two  days  of receipt at the correctional facility.  The  super-
    37  intendent  of  the correctional facility shall ensure that each absentee
    38  ballot is deposited with the United States Post Office within three days
    39  of being filled out by the incarcerated individual to whom it  has  been
    40  addressed.
    41    4. Voter registrations, applications for absentee ballots and absentee
    42  ballots  shall be processed by the correctional facility separately from
    43  other   incarcerated individual  mail.  Notwithstanding any law, rule or
    44  regulation  to the contrary, no person  shall  open  any  correspondence
    45  between  an  incarcerated individual and a board of elections, including
    46  an incarcerated individual's voter registration, application   for    an
    47  absentee  ballot  or  filled  out absentee ballot. Incarcerated individ-
    48  uals    shall be permitted to cast their votes privately and to seal all
    49  envelopes associated with an absentee ballot without interference.
    50    § 3. Section 5-106 of the election law, subdivisions 2,  3  and  4  as
    51  amended  by chapter 103 of the laws of 2021, subdivision 5 as amended by
    52  chapter 234 of the laws of 1976 and subdivision 6 as amended by  chapter
    53  82 of the laws of 1982, is amended to read as follows:
    54    § 5-106. Qualifications of voters; reasons for exclusion.
    55    1.  No  person who shall receive, accept, or offer to receive, or pay,
    56  offer or promise to pay, contribute, offer or promise to  contribute  to
        A. 9239                             3

     1  another,  to be paid or used, any money or any other valuable thing as a
     2  compensation or reward for the  giving  or  withholding  a  vote  at  an
     3  election,  or for registering or refraining from registering as a voter,
     4  or  who shall make any promise to influence the giving or withholding of
     5  any such vote or registration, or who shall make or become  directly  or
     6  indirectly  interested  in any bet or wager depending upon the result of
     7  an election, shall vote at such election.
     8    2. [No person who has been convicted of a felony and  sentenced  to  a
     9  period  of  imprisonment  for  such  felony pursuant to the laws of this
    10  state, shall have the right to register for  or  vote  at  any  election
    11  while he or she is incarcerated for such felony.
    12    3.  No  person who has been convicted in a federal court, of a felony,
    13  or a crime or offense which would constitute a felony under the laws  of
    14  this  state,  and sentenced to a period of imprisonment for such felony,
    15  shall have the right to register for or vote at any election while he or
    16  she is incarcerated for such felony.
    17    4. No person who has been convicted in another state for  a  crime  or
    18  offense which would constitute a felony under the laws of this state and
    19  sentenced  to  a  period of imprisonment for such felony, shall have the
    20  right to register for or vote at any election in this state while he  or
    21  she is incarcerated for such felony.
    22    5.  The provisions of subdivisions two, three and four of this section
    23  shall not apply if the person so convicted is not  sentenced  to  either
    24  death or imprisonment, or if the execution of a sentence of imprisonment
    25  is suspended.
    26    6.] No person who has been adjudged incompetent by order of a court of
    27  competent  judicial  authority  shall  have the right to register for or
    28  vote at any election in this state unless thereafter  he  or  she  shall
    29  have been adjudged competent pursuant to law.
    30    § 4. Subdivision 3 of section 5-210 of the election law, as amended by
    31  chapter 255 of the laws of 2015, is amended to read as follows:
    32    3.  Completed  application  forms,  when  received  by  any  board  of
    33  elections and, with respect to  application  forms  promulgated  by  the
    34  federal  election  commission,  when  received  by  the  state  board of
    35  elections, or showing a dated cancellation mark  of  the  United  States
    36  Postal  Service or contained in an envelope showing such a dated cancel-
    37  lation mark which is not later than the twenty-fifth day before the next
    38  ensuing primary, general or special election, and received no later than
    39  the twentieth day before such election, or delivered in person  to  such
    40  board  of  elections  not  later  than  the  tenth  day before a special
    41  election, shall entitle the applicant to vote in such election, if he or
    42  she is otherwise qualified, provided, however, such applicant shall  not
    43  vote  on  a  voting  machine  until his or her identity is verified. Any
    44  board of elections receiving an application form from a person who  does
    45  not  reside  in  its  jurisdiction  but who does reside elsewhere in the
    46  state of New York, shall forthwith forward such application form to  the
    47  proper  board  of  elections; provided, however, that the residence of a
    48  person incarcerated in a correctional facility, as  defined  in  section
    49  two  of  the correction law, or in a county jail, is not included in the
    50  jurisdiction where a person  is  incarcerated  unless  such  person  had
    51  resided in that jurisdiction prior to incarceration, and any such person
    52  may  apply to register to vote in the jurisdiction where that person has
    53  previously established a fixed and principal home to  which  the  person
    54  intends  to return.  Each board of elections shall make an entry on each
    55  such form of the date it is received by such board.
        A. 9239                             4

     1    § 5. Subdivision 1 of section 5-400 of the election law, as amended by
     2  chapter 659 of the laws of 1994, paragraph (a) as amended by  chapter  3
     3  of the laws of 2019, is amended to read as follows:
     4    1.  A  voter's  registration, including the registration of a voter in
     5  inactive status, shall be cancelled if, since the time  of  his  or  her
     6  last registration, he or she:
     7    (a) Moved his or her residence outside the state.
     8    (b)  [Was convicted of a felony disqualifying him from voting pursuant
     9  to the provisions of section 5-106 of this article.
    10    (c)] Has been adjudicated an incompetent.
    11    [(d)] (c) Refused to take a challenge oath.
    12    [(e)] (d) Has died.
    13    [(f)] (e) Did not vote in any  election  conducted  by  the  board  of
    14  elections  during  the period ending with the second general election at
    15  which candidates for federal office are on the ballot after his  or  her
    16  name  was  placed in inactive status and for whom the board of elections
    17  did not, during such period, in any other way, receive  any  information
    18  that such voter still resides in the same county or city.
    19    [(g)]  (f)  Personally  requested to have his or her name removed from
    20  the list of registered voters.
    21    [(h)] (g) For any other reason, is no  longer  qualified  to  vote  as
    22  provided in this chapter.
    23    §  6. Paragraph b of subdivision 4 of section  5-708  of  the election
    24  law,  as added by chapter 659 of the laws of 1994, is amended to read as
    25  follows:
    26    b. The state board shall arrange such notices and the  names  received
    27  pursuant  to the other provisions of this section by county of residence
    28  and transmit such notices [and any notices of conviction  for  a  felony
    29  received  from  a  United  States  attorney] to the appropriate board of
    30  elections.
    31    § 7. Subdivision 3 of section 7-123 of the election law, as amended by
    32  chapter 104 of the laws of 2010, and the opening paragraph as amended by
    33  chapter 411 of the laws of 2019, is amended to read as follows:
    34    3. There shall be three envelopes for each  military  absentee  ballot
    35  issued  when the military voter's preferred method of transmission is by
    36  mail: the inner affirmation envelope into which a voter  places  his  or
    37  her  voted  ballot,  the  outer envelope which shall be addressed to the
    38  absentee voter, and the mailing envelope which is addressed to the coun-
    39  ty board of elections. The board of elections  shall  furnish  an  inner
    40  affirmation envelope with each military ballot upon which envelope shall
    41  be printed:

    42                          BALLOT FOR MILITARY VOTER
    43                                 AFFIRMATION

    44    I swear or affirm that:
    45    (a)  I  am  a  member  of the uniformed services or merchant marine on
    46  active duty or an eligible spouse, parent, child or dependent of such  a
    47  member, and
    48    (b)  I  am a United States citizen, at least eighteen years of age (or
    49  will be by the day of the election), eligible to vote in  the  requested
    50  jurisdiction, and
    51    (c)  I have [neither been convicted of a felony or other disqualifying
    52  offense nor] not been adjudicated mentally incompetent,  or  if  so,  my
    53  voting rights have been reinstated, and
        A. 9239                             5

     1    (d)  I am not registering, requesting a ballot, or voting in any other
     2  jurisdiction in the United States, and
     3    (e)  My  signature and date below indicate when I completed this docu-
     4  ment, and
     5    (f) The information on this form is true and complete to the  best  of
     6  my knowledge.
     7    I understand that a material misstatement of fact in the completion of
     8  this document may constitute grounds for conviction of a crime.

     9  Date .......... 20....
    10                                          ................................
    11                                              Signature or mark of voter
    12                                          ................................
    13                                           Signature of Witness (required
    14                                           only if voter does not sign his
    15                                                      or her own name)
    16                                          ................................
    17                                                    Address of Witness

    18    § 8. Subdivision 2 of section 7-124 of the election law, as amended by
    19  chapter  104 of the laws of 2010, and the opening and closing paragraphs
    20  as amended by chapter 411 of the laws of 2019, is  amended  to  read  as
    21  follows:
    22    2.  There  shall  be three envelopes for each special federal absentee
    23  ballot issued by mail: the inner affirmation envelope into which a voter
    24  places his or her voted  ballot,  the  outer  envelope  which  shall  be
    25  addressed  to  the  absentee  voter,  and  the mailing envelope which is
    26  addressed to the county board of elections. The board of elections shall
    27  furnish an inner affirmation envelope with each special  federal  ballot
    28  upon which envelope shall be printed:
    29    I swear or affirm that:
    30    (a)  I  am a United States citizen residing outside the United States,
    31  and
    32    (b) I am at least eighteen years of age (or will be by the day of  the
    33  election), eligible to vote in the requested jurisdiction, and
    34    (c)  I have [neither been convicted of a felony or other disqualifying
    35  offense nor] not been adjudicated mentally incompetent,  or  if  so,  my
    36  voting rights have been reinstated, and
    37    (d)  I  am not qualified to register, request a ballot, or vote in any
    38  other jurisdiction in the United States, and
    39    (e) My signature and date below indicate when I completed  this  docu-
    40  ment, and
    41    (f)  The  information on this form is true and complete to the best of
    42  my knowledge.
    43    I understand that a material misstatement of fact in the completion of
    44  this document may constitute grounds for conviction of a crime.

    45  Date.................20.....       .....................................
    46                                     Signature or mark of voter

    47                                     .....................................
    48                                     Signature of Witness (required only
    49                                     if voter does not sign his or her own
    50                                     name)
        A. 9239                             6

     1                                     .....................................
     2                                     Address of Witness

     3    §  9.  Paragraph (d) of subdivision 1 of section 8-400 of the election
     4  law, as amended by chapter 139 of the laws of 2020, is amended  to  read
     5  as follows:
     6    (d)  absent  from  his  or  her  voting residence because he or she is
     7  detained in jail awaiting action by a grand jury or awaiting  trial,  or
     8  confined in jail or prison after a conviction [for an offense other than
     9  a  felony], provided that he or she is qualified to vote in the election
    10  district of his or her residence.
    11    § 10.  Paragraph (d) of subdivision 1 of section 8-400 of the election
    12  law, as amended by chapter 63 of the laws of 2010, is amended to read as
    13  follows:
    14    (d) absent from his or her voting  residence  because  he  or  she  is
    15  detained  in  jail awaiting action by a grand jury or awaiting trial, or
    16  confined in jail or prison after a conviction [for an offense other than
    17  a felony], provided that he or she is qualified to vote in the  election
    18  district of his or her residence.
    19    §  11.  Subparagraph (iv) of paragraph (c) of subdivision 3 of section
    20  8-400 of the  election law, as amended by chapter 63 of  the  laws    of
    21  2010, is amended to read as follows:
    22    (iv)  detained  in  jail  awaiting  action by a grand jury or awaiting
    23  trial or confined in jail or prison after a conviction [for  an  offense
    24  other  than  a  felony]  and  stating  the  place  where he or she is so
    25  detained or confined.
    26    § 12. Subdivision 5 of section 8-504 of the election law is REPEALED.
    27    § 13.  Paragraph (d) of subdivision 1 and subparagraph (iv)  of  para-
    28  graph  (c) of subdivision 4 of section 15-120 of the election law, para-
    29  graph (d) of subdivision 1 as amended by chapter 2 of the laws  of  2022
    30  and  subparagraph  (iv)  of  paragraph  (c) of subdivision 4 as added by
    31  chapter 289 of the laws of 2014, are amended to read as follows:
    32    (d) absent from his or her voting  residence  because  he  or  she  is
    33  detained  in  jail awaiting action by a grand jury or awaiting trial, or
    34  confined in jail or prison [after a conviction for an offense other than
    35  a felony], provided that he or she is qualified to vote in the  election
    36  district of his or her residence.
    37    (iv)  detained  in  jail  awaiting  action by a grand jury or awaiting
    38  trial or confined in jail or prison [after a conviction for  an  offense
    39  other  than  a  felony]  and  stating  the  place  where he or she is so
    40  detained or confined.
    41    § 13-a. Paragraph (d) of  subdivision  1  of  section  15-120  of  the
    42  election law, as added by chapter 289 of the laws of 2014, is amended to
    43  read as follows:
    44    (d)  absent  from  his  or  her  voting residence because he or she is
    45  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    46  confined in jail or prison [after a conviction for an offense other than
    47  a  felony], provided that he or she is qualified to vote in the election
    48  district of his or her residence.
    49    § 14.  Subdivisions 10 of section 1057-a of the New York city  charter
    50  are REPEALED.
    51    §  15.  The  opening  paragraph of section 1057-a of the New York city
    52  charter, as amended by local law number 80 of the city of New  York  for
    53  the year 2020, is amended to read as follows:
    54    Each  agency designated as a participating agency under the provisions
    55  of this section shall implement and administer a program of distribution
        A. 9239                             7

     1  of voter registration forms pursuant to the provisions of this  section.
     2  The  following  offices  are  hereby  designated  as participating voter
     3  registration agencies: The administration for children's  services,  the
     4  business  integrity  commission,  the city clerk, the civilian complaint
     5  review board, the commission on  human  rights,  community  boards,  the
     6  department of small business services, the department for the aging, the
     7  department  of  citywide administrative services, the department of city
     8  planning, the department of consumer and worker protection, the  depart-
     9  ment  of  correction, the department of cultural affairs, the department
    10  of environmental protection, the department of finance,  the  department
    11  of  health  and mental hygiene, the department of homeless services, the
    12  department of housing preservation and development,  the  department  of
    13  parks  and  recreation,  the  department of probation, the department of
    14  records and information services, the taxi and limousine commission, the
    15  department of transportation, the  department  of  youth  and  community
    16  development,  the  fire  department,  and  the  human resources adminis-
    17  tration. Participating agencies shall include a mandate in  all  new  or
    18  renewed agreements with those subcontractors having regular contact with
    19  the  public  in the daily administration of their business to follow the
    20  guidelines  of  this  section.  Such  participating  agencies  shall  be
    21  required  to offer voter registration forms to all persons together with
    22  written  applications  for  services,  renewal  or  recertification  for
    23  services  and  change  of address relating to such services, in the same
    24  language as such application,  renewal,  recertification  or  change  of
    25  address form where practicable; provided however that this section shall
    26  not  apply to services that must be provided to prevent actual or poten-
    27  tial danger to the life, health, or safety of any individual or  of  the
    28  public. Such agencies shall provide assistance to applicants in complet-
    29  ing voter registration forms, including the section of the form allowing
    30  for registration to become an organ donor, and in cases in which such an
    31  agency  would  provide  assistance  with its own form, such agency shall
    32  provide the same degree of assistance with regard to the voter registra-
    33  tion and organ donor forms as is provided with regard to the  completion
    34  of  its  own  form,  if  so requested. [As part of such assistance, such
    35  agencies shall also, upon request by an applicant who identifies himself
    36  or herself as being on  parole  and  when  practically  feasible,  check
    37  publicly available information to inform such applicant if a restoration
    38  of  their  right to vote has been granted, provided that such assistance
    39  may be provided by a person other than the person to  whom  the  request
    40  was  made and further provided that such assistance shall not be consid-
    41  ered an endorsement of the accuracy of any publicly  available  informa-
    42  tion  not  maintained by the city.] Such agencies shall also receive and
    43  transmit the completed application form from any applicants who  request
    44  to  have such form transmitted to the board of elections for the city of
    45  New York.
    46    § 16. The state board of elections is directed to revise all paperwork
    47  utilized for voter registration, and for the process of applying for and
    48  voting by absentee ballot to remove all references to  felonies  or  the
    49  limitation of the right to vote due to conviction of a felony.
    50    § 17. This act shall take effect on the first of January next succeed-
    51  ing  the  date  on  which it shall have become a law; provided, however,
    52  that the amendments to paragraph (d) of subdivision 1 of  section  8-400
    53  of the election law made by section nine of this act shall be subject to
    54  the  expiration  and reversion of such subdivision pursuant to section 2
    55  of chapter 139 of the laws of 2020, as amended, when  upon such date the
    56  provisions of section ten of this act shall take effect;  and  provided,
        A. 9239                             8

     1  further,  that  the  amendments  to  paragraph  (d)  of subdivision 1 of
     2  section 15-120 of the election law made by section thirteen of this  act
     3  shall  be  subject  to  the expiration and reversion of such subdivision
     4  pursuant to section 2 of chapter 2 of the laws of 2022, as amended, when
     5  upon  such  date  the provisions of section thirteen-a of this act shall
     6  take effect.  Effective  immediately,  the  addition,  amendment  and/or
     7  repeal  of  any  rule  or regulation necessary for the implementation of
     8  this act on its effective date are authorized to be made  and  completed
     9  on or before such date.