S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9862
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced  by M. of A. ROZIC -- 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  inmates  in  correctional  facilities; 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:
 
   Section  1.  Section  5-104 of the election law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. AN INMATE VOTING WHILE INCARCERATED IN A STATE OR  LOCAL  CORREC-
 TIONAL FACILITY SHALL BE CONSIDERED A RESIDENT OF THE COUNTY, CITY, TOWN
 AND/OR VILLAGE HE OR SHE RESIDED IN PRIOR TO HIS OR HER INCARCERATION.
   §  2.  Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law
 are REPEALED and subdivision 6 is renumbered subdivision 2.
   § 3. Subdivision 1 of section 5-400 of the election law, as amended by
 chapter 659 of the laws of 1994, paragraph (a) as amended by  chapter  3
 of  the  laws  of 2019, is amended and a new subdivision 1-a is added to
 read as follows:
   1. A voter's registration, including the registration of  a  voter  in
 inactive  status,  shall  be  cancelled if, since the time of his OR HER
 last registration, he OR SHE:
   (a) Moved his or her residence outside the state.
   (b) [Was convicted of a felony disqualifying him from voting  pursuant
 to the provisions of section 5-106 of this article.
   (c)] Has been adjudicated an incompetent.
   [(d)] (C) Refused to take a challenge oath.
   [(e)] (D) Has died.
   [(f)]  (E)  Did  not  vote  in  any election conducted by the board of
 elections during the period ending with the second general  election  at
 which  candidates  for federal office are on the ballot after his OR HER
 name was placed in inactive status and for whom the board  of  elections
 did  not,  during such period, in any other way, receive any information
 that such voter still resides in the same county or city.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13812-01-9

 A. 9862                             2
 
   [(g)] (F) Personally requested to have his OR HER  name  removed  from
 the list of registered voters.
   [(h)]  (G)  For  any  other  reason, is no longer qualified to vote as
 provided in this chapter.
   1-A. A VOTER'S REGISTRATION SHALL NOT BE CANCELLED WHILE HE OR SHE  IS
 INCARCERATED IN A STATE OR LOCAL CORRECTIONAL FACILITY.
   §  4.  Subdivision  2 of section 5-708 of the election law is REPEALED
 and subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by  chap-
 ter  659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5 and
 6.
   § 5. Subdivision 3 of section 5-708 of the election law, as  added  by
 chapter  659  of  the  laws of 1994 and as renumbered by section four of
 this act, paragraph a as amended by chapter 200 of the laws of 1996,  is
 amended to read as follows:
   3.  a.  If  a  board of elections receives any notices pursuant to the
 provisions of [subdivisions] SUBDIVISION two [and three] of this section
 which set forth a residence address outside of the  city  or  county  of
 such  board's  jurisdiction,  it  shall, at least once a month, transmit
 such notices to the appropriate board of elections, or, if such  address
 is outside the state, to the state board of elections.
   b.  The  state board shall arrange such notices and the names received
 pursuant to the other provisions of this section by county of  residence
 and  transmit  such  notices [and any notices of conviction for a felony
 received from a United States attorney]  to  the  appropriate  board  of
 elections.
   c.  If  any  such  notices,  or  names  received pursuant to the other
 provisions of this section, set forth a residence  address  outside  New
 York  state,  the  state  board shall transmit such notices to the chief
 state election official of such state at such times and in  such  manner
 as it deems appropriate.
   §  6.  Section  75  of the correction law, as amended by section 18 of
 subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:
   §  75.  Notice  of  voting rights. 1. THE DEPARTMENT, IN COLLABORATION
 WITH THE STATE AND COUNTY BOARDS OF ELECTION, SHALL ESTABLISH A  PROGRAM
 TO  FACILITATE  INMATE VOTER REGISTRATION AND VOTING. SUCH PROGRAM SHALL
 INCLUDE ACCESS AND ASSISTANCE WITH VOTER REGISTRATION FORMS AND A  MECH-
 ANISM FOR VOTING, INCLUDING, BUT NOT LIMITED TO, ABSENTEE BALLOTS.
   2.  Upon  the  discharge  from  a correctional facility [of any person
 whose maximum sentence of imprisonment has expired] or upon  a  person's
 discharge  from  community supervision, the department shall notify such
 person of his or her right to vote and provide such person with  a  form
 of  application for voter registration together with written information
 distributed by the board of elections on the importance and the  mechan-
 ics of voting.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.