S T A T E   O F   N E W   Y O R K
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                                  2301

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by  M. of A. CAMARA, CRESPO -- read once and referred to the
  Committee on Election Law

AN ACT to amend the correction law, the executive law and  the  election
  law,  in  relation  to  voter  registration  applications  provided to
  ex-felons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The correction law is amended by adding a new section 76 to
read as follows:
  S  76.  DISCHARGE;  PROVISION  OF VOTER REGISTRATION FORM. 1. UPON THE
DISCHARGE FROM A CORRECTIONAL FACILITY OF ANY UNITED STATES CITIZEN  WHO
HAS  FULLY  COMPLETED A SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A
FELONY, THE DEPARTMENT SHALL PROVIDE SUCH CITIZEN WITH A FORM OF  APPLI-
CATION  FOR VOTER REGISTRATION BY MAIL TOGETHER WITH WRITTEN INFORMATION
DISTRIBUTED BY A BOARD OF ELECTIONS ON THE IMPORTANCE AND THE  MECHANICS
OF VOTING.
  2.  THE  COMMISSIONER  SHALL,  ON  OR BEFORE THE FIFTEENTH DAY OF EACH
MONTH, TRANSMIT TO THE SECRETARY OF STATE A LIST  OF  ALL  PERSONS  WHO,
DURING THE PRECEDING CALENDAR MONTH, HAVE BEEN RELEASED FROM CONFINEMENT
IN  A CORRECTIONAL INSTITUTION OR FACILITY OR A COMMUNITY RESIDENCE AND,
IF APPLICABLE, DISCHARGED FROM PAROLE.  SUCH  LISTS  SHALL  INCLUDE  THE
NAMES,  BIRTH  DATES  AND  ADDRESSES  OF SUCH PERSONS, WITH THE DATES OF
THEIR CONVICTIONS. THE SECRETARY OF STATE SHALL TRANSMIT SUCH  LISTS  TO
THE  REGISTRARS  OF  THE  MUNICIPALITIES IN WHICH SUCH CONVICTED PERSONS
RESIDED AT THE TIME OF THEIR CONVICTIONS AND TO THE  REGISTRARS  OF  ANY
MUNICIPALITIES  WHERE  THE  SECRETARY BELIEVES SUCH PERSONS MAY BE ELEC-
TORS.
  S 2. Subdivision 1 of section 259-j of the executive law,  as  amended
by  section  38-g  of  subpart  A of part C of chapter 62 of the laws of
2011, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02851-01-3

              

A. 2301                             2

  1. Except where a determinate sentence was imposed for a felony  other
than  a  felony  defined  in  article  two hundred twenty or article two
hundred twenty-one of the penal law, if the board of parole is satisfied
that an absolute discharge from presumptive release, parole, conditional
release  or  release  to  a period of post-release supervision is in the
best interests of society, the board may grant such a discharge prior to
the expiration of the full term or maximum term to any  person  who  has
been  on  unrevoked community supervision for at least three consecutive
years. A discharge granted under this section shall constitute a  termi-
nation  of  the  sentence  with respect to which it was granted. No such
discharge shall be granted unless the board is satisfied that the  paro-
lee  or  releasee, otherwise financially able to comply with an order of
restitution and the payment of any  mandatory  surcharge,  sex  offender
registration  fee  or  DNA databank fee previously imposed by a court of
competent jurisdiction, has made a good faith effort  to  comply  there-
with.    UPON SUCH DISCHARGE, THE BOARD OF PAROLE SHALL PROVIDE ANY SUCH
UNITED STATES CITIZEN PAROLEE WITH  A  FORM  OF  APPLICATION  FOR  VOTER
REGISTRATION  BY MAIL TOGETHER WITH WRITTEN INFORMATION DISTRIBUTED BY A
BOARD OF ELECTIONS ON THE IMPORTANCE AND MECHANICS OF VOTING.
  S 3. Subdivision 2 of section 5-106 of the election law, as amended by
chapter 373 of the laws of 1978, is amended to read as follows:
  2. No person who has been convicted of a felony pursuant to  the  laws
of  this  state,  shall  have  the  right to register for or vote at any
election unless [he] SUCH PERSON shall have been pardoned or restored to
the rights of citizenship by the governor, or [his] SUCH PERSON'S  maxi-
mum  sentence  of imprisonment has expired, or [he] SUCH PERSON has been
discharged from parole. The governor, however, may attach as a condition
to any such pardon a provision that any such person shall not  have  the
right  of suffrage until it shall have been separately restored to [him]
SUCH PERSON.  UPON THE EXPIRATION OF SUCH PERSON'S MAXIMUM  SENTENCE  OF
IMPRISONMENT,  OR  UPON SUCH PERSON'S DISCHARGE FROM PAROLE, THE COMMIS-
SIONER SHALL IN THE CASE OF ANY CITIZEN SEND A NOTICE OF VOTER ELIGIBIL-
ITY TO THE APPROPRIATE BOARD OF ELECTIONS VERIFYING THE FORMER  INMATE'S
OR PAROLEE'S ELIGIBILITY TO REGISTER TO VOTE AND TO VOTE, AND SHALL MAIL
THE SAME NOTICE TO THE FORMER INMATE OR PAROLEE.
  S 4. This act shall take effect immediately.