Bill Text: NY S06875 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to voting rights and access for incarcerated individuals; authorizes polling places to be available at correctional facilities and local facilities; requires such facilities to provide persons detained or confined in such facilities access to register to vote or apply for an absentee ballot; requires voting information to be included in the inmate handbook.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2024-11-15 - PRINT NUMBER 6875A [S06875 Detail]
Download: New_York-2023-S06875-Introduced.html
Bill Title: Relates to voting rights and access for incarcerated individuals; authorizes polling places to be available at correctional facilities and local facilities; requires such facilities to provide persons detained or confined in such facilities access to register to vote or apply for an absentee ballot; requires voting information to be included in the inmate handbook.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2024-11-15 - PRINT NUMBER 6875A [S06875 Detail]
Download: New_York-2023-S06875-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6875 2023-2024 Regular Sessions IN SENATE May 12, 2023 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law and the correction law, in relation to voting rights and access for incarcerated individuals 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 8-109 2 to read as follows: 3 § 8-109. Polling places at correctional facilities and local correc- 4 tional facilities. For purposes of facilitating voting by residents of 5 correctional facilities and local correctional facilities, as such terms 6 are defined in section two of the correction law, the board of elections 7 may establish by majority vote, in lieu of the absentee balloting 8 program set forth in subdivisions one through fifteen of section 8-407 9 of this article, a polling place at any such facility for at least three 10 hours of operation beginning the third day prior to any general, prima- 11 ry, run-off primary pursuant to subdivision one of section 6-162 of this 12 chapter or special election for any public or party position, and 13 ending on and including the second day prior to such general, primary, 14 run-off primary or special election for such public office or party 15 position. Any such polling place shall be established in compliance 16 with the early voting provisions of paragraphs (d) and (e) of subdivi- 17 sion four and subdivisions five through eleven of section 8-600 of this 18 article. Voter access to polling places established pursuant to this 19 section shall be restricted to voters detained or confined at such 20 facility or related facilities and voters who are employees of such 21 facilities, who are registered to vote in the county where such facility 22 is located, or for facilities located in the city of New York, voters 23 who are registered to vote in the city of New York. All other eligible 24 voters who are detained or confined at such facility or who are employ- 25 ees of such facility shall be provided with voter registration forms and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11137-02-3S. 6875 2 1 absentee ballot applications pursuant to section 8-415 of this article. 2 The establishment of polling places under this section shall be in addi- 3 tion to, and shall not diminish, the minimum quantity of early voting 4 locations required by subdivision two of section 8-600 of this article, 5 nor shall the fact of such establishment alter or prejudice the applica- 6 tion of the equitable siting factors therein. The board of elections 7 shall establish procedures or apply procedures established for early 8 voting, subject to approval of the state board of elections, to ensure 9 that persons who vote during the early voting period shall not be 10 permitted to vote subsequently in the same election. 11 § 2. Subdivision 1 of section 8-406 of the election law, as amended by 12 section 2 of part HH of chapter 55 of the laws of 2022, is amended to 13 read as follows: 14 1. If the board shall find that the applicant is a qualified voter of 15 the election district containing his or her residence as stated in his 16 or her statement and that his or her statement is sufficient, it shall, 17 as soon as practicable after it shall have determined his or her right 18 thereto, mail to him or her at an address designated by him or her, or 19 deliver to him or her, or to any person designated for such purpose in 20 writing by him or her, at the office of the board, such an absentee 21 voter's ballot or set of ballots and an envelope therefor. If the ballot 22 or ballots are to be sent outside of the United States to a country 23 other than Canada or Mexico, such ballot or ballots shall be sent by air 24 mail. However, if an applicant who is eligible for an absentee ballot 25 is a resident of a facility operated or licensed by, or under the juris- 26 diction of, the department of mental hygiene, or a resident of a facili- 27 ty defined as a nursing home or residential health care facility pursu- 28 ant to subdivisions two and three of section two thousand eight hundred 29 one of the public health law, or a resident of a hospital or other 30 facility operated by the Veteran's Administration of the United States, 31 or a person detained or confined at a correctional facility or local 32 correctional facility, as such terms are defined in section two of the 33 correction law, such absentee ballot need not be so mailed or delivered 34 to any such applicant but, may be delivered to the voter in the manner 35 prescribed by section 8-407 of this [chapter] title if such facility is 36 located in the county or city in which such voter is eligible to vote. 37 § 3. Section 8-407 of the election law, as added by chapter 296 of the 38 laws of 1988, subdivisions 1, 3 and 15 as amended by chapter 195 of the 39 laws of 2001, and subdivision 6 as amended by chapter 326 of the laws of 40 1989, is amended to read as follows: 41 § 8-407. Voting by residents of nursing homes, residential health care 42 facilities, facilities operated or licensed, or under the jurisdiction 43 of, the department of mental hygiene or hospitals [or], facilities 44 operated by the Veteran's Administration of the United States, or by 45 persons detained or confined at correctional facilities and local 46 correctional facilities. 1. The board of elections of a county or city 47 in which there is located at least one facility operated or licensed, or 48 under the jurisdiction of, the department of mental hygiene, or a facil- 49 ity defined as a nursing home or residential health care facility pursu- 50 ant to subdivisions two and three of section two thousand eight hundred 51 one of the public health law or an adult care facility subject to the 52 provisions of title two of article seven of the social services law, 53 [or] a hospital or other facility operated by the Veteran's Adminis- 54 tration of the United States, or a correctional facility or local 55 correctional facility shall, subject to subdivision sixteen of this 56 section and section 8-109 of this article, provide and ensure that resi-S. 6875 3 1 dents of, or persons detained or confined at, each such facility for 2 which such board has received twenty-five or more applications for 3 absentee ballots from voters who are eligible to vote by absentee ballot 4 in such city or county at such election, may vote by absentee ballot 5 [only] in the manner provided for in this section. Such board may, in 6 its discretion, provide that the procedure described in this subdivision 7 shall be applicable to all such facilities in such county or city with- 8 out regard to the number of absentee ballot applications received from 9 the residents of any such facility. 10 2. Such a board of elections shall appoint, in the same manner as 11 other inspectors, one or more bi-partisan boards of inspectors, each 12 composed of two such inspectors. Such inspectors may be regular employ- 13 ees of such board of elections or persons qualified in accordance with 14 subdivision six of section 3-400 of this chapter. All inspectors 15 appointed pursuant to this subdivision shall undergo the requisite 16 training and subscribe to the oath required of election inspectors 17 pursuant to sections 3-412 and 3-414 of this chapter. 18 3. Not earlier than [thirteen] twenty-one days before or later than 19 the day before such an election such a board of inspectors shall, 20 between the hours of [nine] seven o'clock in the morning and [five] 21 eight o'clock in the evening on one or more days, attend at each such 22 facility for the residents of which the board of elections has custody 23 of twenty-five or more absentee ballots or which otherwise qualifies 24 pursuant to subdivision sixteen of this section or, if the board of 25 elections has so provided, each such facility for which the board has 26 custody of one or more such absentee ballots, pursuant to the provisions 27 of this chapter. 28 4. Each such board of inspectors may attend at more than one facility, 29 provided, however, that no such board of inspectors shall be assigned to 30 attend at more facilities than it reasonably can be expected to complete 31 within the time specified by this section. 32 5. The board of elections shall deliver to each board of inspectors 33 voter registration forms, paper absentee ballot applications or tools 34 capable of providing eligible persons with access to complete and submit 35 or save such applications through the electronic voter registration or 36 absentee ballot application transmittal system and sufficient equipment 37 for the printing and issuance of absentee ballots or all the absentee 38 ballots in the custody of such board of elections which are addressed to 39 [residents of] voters at the facilities which such board of inspectors 40 is appointed for or assigned to attend, together with one or more port- 41 able voting booths of a type approved by the state board of elections 42 and such other supplies, including assistive devices and any reasonable 43 accommodations for persons with disabilities and interpretive resources 44 and personnel for those in need of language assistance, as such board of 45 inspectors will require to discharge its duties properly. Any completed 46 voter registration forms collected by such board of inspectors shall be 47 processed pursuant to sections 5-208 and 5-210 of this chapter, as 48 applicable. Any completed absentee ballot application forms collected by 49 such board of inspectors shall be treated as applications for an absen- 50 tee ballot delivered in person at the board of elections to the voter or 51 to an agent of the voter in accordance with paragraph (c) of subdivision 52 two of section 8-400 of this title and processed pursuant to section 53 8-402 of this title. 54 6. The board of elections, at least [twenty] forty-five days before 55 each such election, or, for facilities not set forth in subdivision 56 sixteen of this section, on the day after it shall have received theS. 6875 4 1 requisite number of applications for absentee ballots from the residents 2 of any such facility, whichever is later, shall communicate with the 3 superintendent, administrator or director of each such facility or their 4 designated democracy officer or agent to arrange the [day] days and 5 [time] times when the board of inspectors will attend at such facility. 6 The board of elections shall keep a list of (a) the [day] days and 7 [time] times at which the board of inspectors will attend at each such 8 facility, (b) the number of applications for absentee ballots received 9 from any such facility, and (c) the number of absentee ballots returned 10 by voters at any such facility pursuant to this section as [a] public 11 [record] records at its office and deliver a copy of such records to the 12 state board of elections within seven days after certification of each 13 primary, general or special election. 14 7. It shall be the duty of each such superintendent, administrator or 15 director, or their designated democracy officer or agent, to assist the 16 board of inspectors attending or serving such facility in the discharge 17 of its duties, including, but not limited to making available to such 18 board of inspectors space and reasonable accommodations within such 19 facility suitable for the discharge of its duties. 20 8. The board of inspectors shall deliver each absentee ballot 21 addressed to a [resident of] voter located at each such facility to such 22 [resident] voter. If such [resident] voter is physically disabled the 23 inspectors shall, if necessary, deliver the ballot to such voter at 24 [his] their bedside. 25 9. The board of inspectors shall arrange the portable voting booth or 26 booths provided and effect such safeguards as may be necessary to 27 provide secrecy for the votes cast by such [residents] voters. 28 10. If such a [resident] voter is unable to mark [his] their ballot, 29 [he] they may be assisted in marking such ballot by the two members of 30 the board of inspectors or such other person as [he] they may select. If 31 a voter is unable to mark the ballot and unable to communicate how [he32wishes] they wish such ballot marked, such ballot shall not be cast. No 33 person who assists a voter to mark [his] their ballot pursuant to the 34 provisions of this section, shall disclose to any other person how any 35 such ballot was marked. 36 11. Except as otherwise provided in this section, all ballots cast 37 pursuant to this section shall be cast in the manner provided by this 38 chapter for the casting of absentee ballots. 39 12. After such ballots have been cast and sealed in the appropriate 40 envelopes, they shall be returned to such inspectors. 41 13. Upon completion of its duties, the board of inspectors shall 42 forthwith return all such ballots to the board of elections. 43 14. Any person, political committee or independent body entitled to 44 appoint watchers for the election district in which any such facility is 45 located at the election for which such absentee ballots are cast, shall 46 be entitled to appoint a watcher to attend such board of inspectors at 47 such facility. 48 15. All ballots cast pursuant to the provisions of this section which 49 are received before the close of the polls on election day by the board 50 of elections charged with the duty of casting and canvassing such 51 ballots, may be delivered to the inspectors of election in the manner 52 prescribed by this chapter or retained at the board of elections and 53 cast and canvassed pursuant to the provisions of section 9-209 of this 54 chapter as such board shall, in its discretion, determine pursuant to 55 the provisions of subdivision one of this section.S. 6875 5 1 16. With respect to correctional facilities and local correctional 2 facilities, as such terms are defined in section two of the correction 3 law, the board of elections in counties with at least one hundred thou- 4 sand registered voters shall provide that the eligible persons detained 5 or confined at any such facility in such county with seventy-five or 6 more persons detained or confined may vote by absentee ballot as 7 provided for in this section, without regard to the number of absentee 8 ballot applications received from eligible voters at any such facility. 9 With respect to eligible persons detained at such facility who are not 10 residents of the county in which such facility is located, the residen- 11 tial duty to facilitate timely voter registration and absentee ballot 12 access pursuant to section 8-415 of this title shall still apply. Each 13 board of elections subject to this subdivision shall adopt written 14 procedures to ensure orderly administration of the absentee balloting 15 program at each such facility. Such procedures shall include, but not 16 be limited to, the delivery and retrieval of voter registration forms 17 and absentee ballots, shall be counter signed by the facility's super- 18 intendent, administrator or director, or their designated democracy 19 officer or agent, and shall be public records. All procedures shall be 20 submitted to the state board of elections no later than ninety days 21 prior to the first election day in which a facility located within such 22 a county shall participate in this program, and approved by the state 23 board of elections with any amendments prescribed by the state board of 24 elections no later than seventy-five days prior to such election day. 25 All other correctional facilities and local correctional facilities in 26 such a county shall be subject to the provisions of section 8-415 of 27 this title; provided, however, that a board of elections may provide 28 absentee balloting access in accordance with this subdivision to voters 29 detained or confined at such other correctional facilities and local 30 correctional facilities in lieu of such board of elections' obligations 31 prescribed by section 8-415 of this title. This subdivision shall not 32 apply to any facility where the persons detained or confined at such 33 facility are exclusively under the age of eighteen. 34 17. Nothing in this section shall prejudice or limit the rights under 35 state and federal law of any voter who votes pursuant to the methods in 36 this section, including the rights and remedies provided for under title 37 two of article seventeen of this chapter. 38 § 4. The election law is amended by adding a new section 8-415 to read 39 as follows: 40 § 8-415. Absentee voting; application and registration drive for citi- 41 zens detained or confined at correctional facilities and local correc- 42 tional facilities. 1. This section applies to any correctional facility 43 or local correctional facility, as such terms are defined in section two 44 of the correction law, for which absentee balloting is not provided 45 pursuant to section 8-407 of this title, except for any such facility 46 where the persons detained or confined at such facility are exclusively 47 under the age of eighteen. For each such facility, the board of 48 elections shall coordinate with the superintendent, administrator, 49 director, designated democracy officer or agent to facilitate voter 50 access by ensuring that all eligible citizens are provided with a voter 51 registration form, which shall be processed pursuant to sections 5-208 52 and 5-210 of this chapter, as applicable, and that all eligible voters 53 are provided with an absentee ballot application no later than twenty- 54 one days prior to election day. It shall be the duty of each such super- 55 intendent, administrator, director, designated democracy officer or 56 agent to assist the board in the discharge of its duties pursuant toS. 6875 6 1 this subdivision, including, but not limited to making available suit- 2 able space and reasonable accommodations within such facility. 3 2. The state board of elections shall promulgate non-partisan educa- 4 tional materials in plain language about the voting rights of individ- 5 uals currently incarcerated and formerly incarcerated for inclusion in 6 the inmate handbook or similar materials and reentry resources. Nothing 7 in this subdivision shall prohibit the inclusion or distribution of 8 non-partisan educational materials in additional resources provided to 9 or made available to incarcerated or formerly incarcerated individuals. 10 § 5. Section 500-j of the correction law, as amended by chapter 291 of 11 the laws of 2009, is amended to read as follows: 12 § 500-j. Who may visit local correctional facilities. The following 13 persons may visit at pleasure all local correctional facilities: The 14 governor and lieutenant-governor, secretary of state, comptroller and 15 attorney-general, members of the legislature, judges of the court of 16 appeals, justices of the supreme court and county judges, district 17 attorneys [and], every clergyman or minister, as such terms are defined 18 in section two of the religious corporations law, having charge of a 19 congregation in the county in which such facility is located, and 20 bi-partisan board of elections officials and inspectors appointed by the 21 board of elections in the county where any such facility is situated or 22 the board of elections in the city of New York, in order to discharge 23 their duties under sections 8-407 and 8-415 of the election law. No 24 other person not otherwise authorized by law shall be permitted to enter 25 the rooms of a local correctional facility in which convicts are 26 confined, unless under such regulations as the sheriff of the county, or 27 in counties within the city of New York, the commissioner of correction 28 of such city, or in the county of Westchester, the commissioner of 29 correction of such county shall prescribe. 30 § 6. Subdivision 1 of section 146 of the correction law, as amended by 31 chapter 274 of the laws of 2019, is amended to read as follows: 32 1. The following persons shall be authorized to visit at pleasure all 33 correctional facilities: The governor and lieutenant-governor, commis- 34 sioner of general services, secretary of state, comptroller and attor- 35 ney-general, members of the commission of correction, members of the 36 legislature and their accompanying staff and any employee of the depart- 37 ment as requested by the member of the legislature if the member 38 requests to be so accompanied, provided that such request does not 39 impact upon the department's ability to supervise, manage and control 40 its facilities as determined by the commissioner, judges of the court of 41 appeals, supreme court and county judges, district attorneys [and], 42 every clergyman or minister, as such terms are defined in section two of 43 the religious corporations law, having charge of a congregation in the 44 county wherein any such facility is situated, and bi-partisan boards of 45 elections officials and inspectors appointed by the board of elections 46 in the county where any such facility is situated or the board of 47 elections in the city of New York, in order to discharge their duties 48 under sections 8-407 and 8-415 of the election law. No other person not 49 otherwise authorized by law shall be permitted to enter a correctional 50 facility except by authority of the commissioner of correction under 51 such regulations as the commissioner shall prescribe. 52 § 7. Section 75 of the correction law, as amended by chapter 103 of 53 the laws of 2021, is amended to read as follows: 54 § 75. [Notice of voting] Voting rights. 1. Freedom to vote. All 55 persons who may have been or may hereafter be detained or confined at, 56 or committed to or taken charge of by any correctional facility, who areS. 6875 7 1 qualified to register for and vote at any election pursuant to section 2 5-102 of the election law and not subject to exclusion by section 5-106 3 of the election law, are hereby declared to be entitled to the free 4 exercise and enjoyment of the elective franchise without discrimination 5 or preference. 6 2. Opportunity to register to vote and request ballots. The rules and 7 regulations established for the government of any correctional facility 8 shall recognize the right of detained or incarcerated individuals, who 9 are qualified to register for and vote at any election pursuant to 10 section 5-102 of the election law and not subject to exclusion by 11 section 5-106 of the election law, to the free exercise of their right 12 to vote in accordance with the provisions of the constitution and, to 13 effectuate such end, shall allow for access by the eligible individuals 14 to electronic personal voter registration or voter registration by 15 application pursuant to article five of the election law and to access 16 absentee balloting services through the electronic absentee ballot 17 application transmittal system or by paper application pursuant to title 18 four of article eight of the election law, in such manner as may best 19 carry into effect the spirit and intent of this section and be consist- 20 ent with the proper discipline and management of the correctional facil- 21 ity. Such services shall be made available within the buildings or 22 grounds, whenever possible, where the detained or incarcerated individ- 23 uals are required by law to be confined, in such manner and at such 24 hours as will be in harmony with the rules and regulations of both the 25 facility and the board of elections, and such facilities shall secure to 26 such individuals the free exercise of their right to vote in accordance 27 with the provisions of this section. In case of a violation of any of 28 the provisions of this section, any person feeling himself or herself 29 aggrieved thereby may exercise any rights and remedies provided for 30 under state and federal law, including by instituting proceedings in the 31 supreme court of the district where such facility is situated, which is 32 hereby authorized and empowered to enforce the provisions of this 33 section. 34 3. Duty to cooperate. Pursuant to sections 8-406, 8-407, and 8-415 of 35 the election law, the superintendent of each correctional facility shall 36 cooperate with the board of elections in developing and implementing a 37 plan to facilitate at least one method of voter access for all persons 38 eligible to vote who are detained or confined at each such facility, 39 including, but not limited to making available to such board space and 40 reasonable accommodations within such facility for the discharge of its 41 duties. The department shall issue regulations directing each such 42 facility to ensure the timely delivery, and to facilitate the timely 43 return if applicable, of all official election mail, forms, notices or 44 communications to any individual detained or confined at such facility 45 and that non-partisan plain language educational materials about the 46 voting rights of individuals currently incarcerated and formerly incar- 47 cerated are included in the inmate handbook or similar materials and 48 reentry resources. Nothing in this subdivision shall prohibit the inclu- 49 sion or distribution of non-partisan educational materials in additional 50 resources provided to or made available to incarcerated or formerly 51 incarcerated individuals. Without limiting any rights or remedies 52 provided to voters under the law, there shall be a presumption of a 53 violation of subdivision one of section 17-212 of the election law when 54 any superintendent, employee, or agent of such correctional facility, by 55 commission or omission, intentionally frustrates the purposes of this 56 section.S. 6875 8 1 4. Rights restoration upon release and registration. Prior to the 2 release from a correctional facility of any person the department shall 3 notify such person verbally and in writing, that his or her voting 4 rights will be restored upon release and provide such person with a form 5 of application for voter registration and a declination form, offer such 6 person assistance in filling out the appropriate form, and provide such 7 person written information distributed by the board of elections on the 8 importance and the mechanics of voting. Upon release, such person may 9 choose to either submit his or her completed application to the state 10 board or county board where such person resides or have the department 11 transmit it on his or her behalf. Where such person chooses to have the 12 department transmit the application, the department shall transmit the 13 completed application upon such person's release to the state board or 14 county board where such person resides. 15 § 8. Section 510 of the correction law, as added by chapter 103 of the 16 laws of 2021, is amended to read as follows: 17 § 510. Voting [upon release]. 1. Freedom to vote. All persons who may 18 have been or may hereafter be detained or confined at, or committed to 19 or taken charge of by any local correctional facility, who are qualified 20 to register for and vote at any election pursuant to section 5-102 of 21 the election law and not subject to exclusion by section 5-106 of the 22 election law, are hereby declared to be entitled to the free exercise 23 and enjoyment of the elective franchise without discrimination or pref- 24 erence. 25 2. Opportunity to register to vote and request ballots. The rules and 26 regulations established for the government of local correctional facili- 27 ties shall recognize the right of detained or incarcerated individuals, 28 who are qualified to register for and vote at any election pursuant to 29 section 5-102 of the election law and not subject to exclusion by 30 section 5-106 of the election law, to the free exercise of their right 31 to vote in accordance with the provisions of the constitution and, to 32 effectuate such end, shall allow for access by the eligible individuals 33 to electronic personal voter registration or voter registration by 34 application pursuant to article five of the election law and to access 35 absentee balloting services through the electronic absentee ballot 36 application transmittal system or by paper application pursuant to title 37 four of article eight of the election law, in such manner as may best 38 carry into effect the spirit and intent of this section and be consist- 39 ent with the proper discipline and management of the correctional facil- 40 ity. Such services shall be made available within the buildings or 41 grounds, whenever possible, where the detained or incarcerated individ- 42 uals are required by law to be confined, in such manner and at such 43 hours as will be in harmony with the rules and regulations of both the 44 facility and the board of elections, and secure to such individuals the 45 free exercise of their right to vote in accordance with the provisions 46 of this section. In case of a violation of any of the provisions of this 47 section, any person feeling himself or herself aggrieved thereby may 48 exercise any rights and remedies provided for under state and federal 49 law, including by instituting proceedings in the supreme court of the 50 district where such facility is situated, which is hereby authorized and 51 empowered to enforce the provisions of this section. 52 3. Duty to cooperate. Pursuant to sections 8-406, 8-407, and 8-415 of 53 the election law, the superintendent of each local correctional facility 54 shall cooperate with the board of elections in developing and implement- 55 ing a plan to facilitate at least one method of voter access for all 56 persons eligible to vote who are detained or confined at each suchS. 6875 9 1 facility, including, but not limited to making available to such board 2 space and reasonable accommodations within such facility for the 3 discharge of its duties. The department shall issue regulations direct- 4 ing each such facility to ensure the timely delivery, and to facilitate 5 the timely return if applicable, of all official election mail, forms, 6 notices or communications to any individual detained or confined at such 7 facility and that non-partisan plain language educational materials 8 about the voting rights of individuals currently incarcerated and 9 formerly incarcerated are included in the inmate handbook or similar 10 materials and reentry resources. Nothing in this subdivision shall 11 prohibit the inclusion or distribution of non-partisan educational mate- 12 rials in additional resources provided to or made available to incarcer- 13 ated or formerly incarcerated individuals. Without limiting any rights 14 or remedies provided to voters under the law, there shall be a presump- 15 tion of a violation of subdivision one of section 17-212 of the election 16 law when any superintendent, employee, or agent of such local correc- 17 tional facility, by commission or omission, intentionally frustrates the 18 purposes of this section. This subdivision shall not apply to any facil- 19 ity where the persons detained or confined at such facility are exclu- 20 sively under the age of eighteen. 21 4. Rights restoration upon release and registration. Prior to the 22 release from a local correctional facility of any person convicted of a 23 felony the chief administrative officer shall notify such person verbal- 24 ly and in writing that his or her voting rights will be restored upon 25 release and provide such person with a form of application for voter 26 registration and a declination form, offer such person assistance in 27 filling out the appropriate form, and provide such person written infor- 28 mation distributed by the board of elections on the importance and the 29 mechanics of voting. Upon release, such person may choose to either 30 submit his or her completed application to the state board or county 31 board where such person resides or have the department transmit it on 32 his or her behalf. Where such person chooses to have the department 33 transmit the application, the chief administrative officer shall trans- 34 mit the completed application upon such person's release to the state 35 board or county board where such person resides. 36 § 9. Subdivision 6 of section 137 of the correction law is amended by 37 adding a new paragraph (p) to read as follows: 38 (p) Any incarcerated individual confined in a cell or room, apart from 39 the accommodations provided for individuals who are participating in 40 programs of the facility, or any incarcerated individual held in segre- 41 gated confinement who is eligible to vote shall be entitled to register 42 to vote and vote as set forth in sections 8-407 and 8-415 of the 43 election law. 44 § 10. This act shall take effect on the first of July next succeeding 45 the date on which it shall have become a law. Effective immediately, the 46 addition, amendment and/or repeal of any rule or regulation necessary 47 for the implementation of this act on its effective date are authorized 48 to be made and completed on or before such effective date.
