S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4262
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. EPSTEIN, KIM -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law and the correction law, in relation  to
   promoting voter registration and voting by incarcerated people; 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. FOR THE PURPOSE OF REGISTERING AND VOTING, AN INCARCERATED PERSON
 IN A STATE OR LOCAL CORRECTIONAL FACILITY SHALL BE CONSIDERED A RESIDENT
 OF THE ADDRESS HE OR SHE RESIDED AT 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 are REPEALED and subdivision 6 is renumbered subdivision 2.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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02140-01-1

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 did  not,  during such period, in any other way, receive any information
 that such voter still resides in the same county or city.
   [(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  AND  NO  MUNICI-
 PALITY  SHALL  ENACT  ANY  LOCAL LAW, RULE, REGULATION OR ORDINANCE THAT
 PREVENTS OR RESTRICTS AN INCARCERATED PERSON'S ABILITY  TO  REGISTER  OR
 VOTE.
   §  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  PROMOTE  VOTER  REGISTRATION AND VOTING BY INCARCERATED PEOPLE. SUCH
 PROGRAM SHALL INCLUDE:
   (A) DEVELOPMENT AND DISTRIBUTION OF A VOTER INFORMATION  GUIDE  TO  BE
 DISTRIBUTED  TO INCARCERATED PEOPLE AND SHALL INCLUDE BUT NOT BE LIMITED
 TO THE FOLLOWING INFORMATION:
   (I) IMPORTANT DATES AND DEADLINES;
   (II) REGISTRATION REQUIREMENTS AND INSTRUCTIONS;
   (III) HOW TO REQUEST AND CAST AN ABSENTEE BALLOT  WHILE  INCARCERATED;
 AND
   (IV) RESOURCES FOR ANY ADDITIONAL QUESTIONS; AND
   (B)  VOTER  INFORMATION  AND  REGISTRATION  CLINICS  FOR  INCARCERATED
 PEOPLE.  SUCH CLINICS SHALL:
   (I) BE HELD EVERY OTHER YEAR TO COINCIDE WITH ELECTION CYCLES;
   (II) BE HELD AT LEAST NINETY  DAYS  PRIOR  TO  AN  ELECTION  TO  ALLOW
 ADEQUATE  TIME  FOR VOTER REGISTRATION AND THE REQUESTING AND MAILING OF
 ABSENTEE BALLOTS;

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   (III) INFORM INCARCERATED PEOPLE OF:
   (A) THEIR ABILITY TO VOTE WHILE INCARCERATED;
   (B) IMPORTANT DATES AND DEADLINES;
   (C) REGISTRATION REQUIREMENTS AND INSTRUCTIONS; AND
   (D)  GUIDANCE  ON REQUESTING AND CASTING ABSENTEE BALLOTS WHILE INCAR-
 CERATED; AND
   (IV) SERVE AS VOTER REGISTRATION  DRIVES  FOR  QUALIFIED  INCARCERATED
 PEOPLE.    A  DEPARTMENT  STAFF MEMBER OR DESIGNEE SHALL BE AVAILABLE TO
 ASSIST INCARCERATED PEOPLE IN FILLING OUT PAPER OR ELECTRONIC  REGISTRA-
 TION  FORMS  AND  TO  PROVIDE THE APPROPRIATE ADDRESS FOR THE MAILING OF
 COMPLETED REGISTRATION FORMS.
   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  same  date  as  a  "CONCURRENT
 RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections
 1  and  3  of  article 2 of the constitution, in relation to authorizing
 voting by incarcerated people" takes effect.  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.