NY State Senate Bill 2021-S265

Senate Bill S265

2021-2022 Legislative Session

Clarifies that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
Jan 06, 2021	referred to education

2021-S265 (ACTIVE) - Details

See Assembly Version of this Bill:: A4260
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2018-a & 2018-b, Ed L; amd §§84-a, 175-b & 213-b, Town L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4737, A5190
2011-2012: S376, A9661
2013-2014: S1368, A3394
2015-2016: S1011, A2871
2017-2018: S8617, A3929
2019-2020: S7529, A3984
2023-2024: S3047, A1340

2021-S265 (ACTIVE) - Summary

Clarifies that individuals have the ability to vote by absentee ballot in certain elections where their maximum sentence of imprisonment has expired.

2021-S265 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S265

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the education law and the town law, in relation to clar-
ifying that individuals have the ability to vote by absentee ballot
where their maximum sentence of imprisonment has expired

 
PURPOSE:

This legislation makes conforming changes to the education law and the
town law to ensure that the "statement of the absentee voter" printed on
an absentee ballot envelope is consistent with the existing election law
provision regarding the ability of a person to vote once they have
completed their maximum sentence of imprisonment or have been discharged
from parole.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill make conforming changes to section 2018-a

and b of the education law to ensure that the "statement of absentee
voter" printed on the absentee ballot envelope consistent with existing
election law which provides that a person convicted of a felony and
incarcerated may vote once they have completed their maximum sentence of
imprisonment or have been discharged from parole,

Sections 3, 4 and 5 of the bill make conforming changes to the town law
to ensure that the "statement of absentee voter" printed on the absentee
ballot envelope is consistent with existing election law which provides
that a person convicted of a felony and incarcerated may vote once they
have completed their maximum sentence of imprisonment or have been
discharged from parole.

Section 6 of provides that the bill shall take effect immediately.

 
JUSTIFICATION:

Election law § 5-106(2) provides that a person convicted of a felony and
incarcerated is not eligible to vote. However, such person's right to
vote is automatically restored once they have completed their maximum
sentence of imprisonment, However, the "statement of absentee voter"
printed on the envelope of the absentee ballot pursuant to the education
law and town law is confusing because it is not consistent with § 5-106
of the election law. Therefore, this hill amends the education law and
town law by adding the language from § 5-105 of the election law to
clarify that a person can vote once their maximum sentence of imprison-
ment has expired or have been discharged from parole.

 
LEGISLATIVE HISTORY:

2019-20: S7529(Myrie)/A3984(Aubry)

A.2871 01/06/15 referred to election law

A.2871 02/08/16 REFERRED TO EDUCATION

A.2871 A10889 (2008) advanced to third reading

A5190A (2010) was held in Election Law committee.

A.9661 passed assembly and was delivered to senate and referred to
senate rules committee in 2012.

A.3394 was referred to education in 2013 and 2014.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S265 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    265
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law and the town law, in relation to clar-
   ifying that individuals have the ability to vote  by  absentee  ballot
   where their maximum sentence of imprisonment has expired
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision  5  of  section  2018-a  of  the
 education  law,  as amended by section 8 of part LL of chapter 56 of the
 laws of 2010, is amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
 
                        STATEMENT OF ABSENTEE VOTER
 
   I do declare that I am a citizen of the United States, and will be  at
 least  eighteen  years  of  age,  on  the  date  of  the school district
 election; that I will have been a resident of  this  state  and  of  the
 school  district  and  school  election  district,  if any, shown on the
 reverse side of this envelope for thirty days next  preceding  the  said
 election  and duly registered in the school district and school election
 district, if any, shown on the reverse side of this envelope and that  I
 am  or  on such date will be, a qualified voter of said school district;
 that I will be unable to appear personally on the  day  of  said  school
 district  election  at the polling place of the said district in which I
 am or will be a qualified voter because  of  the  reason  stated  on  my
 application  heretofore  submitted;  that  I have not qualified, or do I
 intend to vote, elsewhere than as set forth on the reverse side of  this
 envelope; that I have not received or offered, do not expect to receive,
 have not paid, offered or promised to pay, contributed, offered or prom-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00454-01-1

 S. 265                              2
 
 ised  to  contribute  to  another to be paid or used, any money or other
 valuable thing, as a compensation or reward for the giving or  withhold-
 ing  of  a  vote at this school district election, and have not made any
 promise to influence the giving or withholding of any such votes; that I
 have  not made or become directly or indirectly interested in any bet or
 wager depending upon the result of this school  district  election;  and
 that  I have not been convicted of bribery or any infamous crime, or, if
 so convicted, that I have been pardoned or restored to all the rights of
 a citizen, without restriction as to the right of suffrage, or  received
 a  certificate  of  relief  from  disabilities  or a certificate of good
 conduct pursuant to article twenty-three of the correction law  removing
 my  disability  to register and vote OR MY MAXIMUM SENTENCE OF IMPRISON-
 MENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
   Date.....................Signature of Voter ..........................
 
   §  2.  Paragraph b of subdivision 6 of section 2018-b of the education
 law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
 
                        STATEMENT OF ABSENTEE VOTER

   I  do declare that I am a citizen of the United States, and will be at
 least eighteen years of age on the date of the school district election;
 that I will have been a  resident  of  this  state  and  of  the  school
 district and school election district, if any, shown on the reverse side
 of  this  envelope  for thirty days next preceding the said election and
 that I am or on such date will be, a  qualified  voter  of  said  school
 district;  that I will be unable to appear personally on the day of said
 school district election at the polling place of the  said  district  in
 which  I am or will be a qualified voter because of the reason stated on
 my application heretofore submitted; that I have not qualified, or do  I
 intend  to vote, elsewhere than as set forth on the reverse side of this
 envelope; that I have not received or offered, do not expect to receive,
 have not paid, offered or promised to pay, contributed, offered or prom-
 ised to contribute to another to be paid or used,  any  money  or  other
 valuable  thing, as a compensation or reward for the giving or withhold-
 ing of a vote at this school district election, and have  not  made  any
 promise to influence the giving or withholding of any such votes; that I
 have  not made or become directly or indirectly interested in any bet or
 wager depending upon the result of this school  district  election;  and
 that  I have not been convicted of bribery or any infamous crime, or, if
 so convicted, that I have been pardoned or restored to all the rights of
 a citizen, without restriction as to the  right  of  suffrage,  or  have
 received  a  certificate of relief from disabilities or a certificate of
 good conduct pursuant to article  twenty-three  of  the  correction  law
 removing  my  disability  to vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT
 HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE.

 S. 265                              3
 
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
   Date....................Signature of Voter ...........................
 
   §  3. Paragraph b of subdivision 5 of section 84-a of the town law, as
 amended by section 10 of part LL of chapter 56 of the laws of  2010,  is
 amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
                         STATEMENT OF ABSENTEE VOTER
   I  do declare that I will have been a citizen of the United States for
 thirty days, and will be at least eighteen years of age, on the date  of
 the  special  town  election;  that  I will have been a resident of this
 state and of the town shown on the reverse side  of  this  envelope  for
 thirty  days next preceding the said election; that I am or on such date
 will be, a registered voter of said town;  that  I  will  be  unable  to
 appear  personally on the day of said special town election at the poll-
 ing place of the election district in which I am or will be a  qualified
 voter  because of the reason stated on my application heretofore submit-
 ted; that I have not qualified, or do I intend to vote,  elsewhere  than
 as  set  forth  on  the  reverse  side of this envelope; that I have not
 received or offered, do not expect to receive, have not paid, offered or
 promised to pay, contributed,  offered  or  promised  to  contribute  to
 another  to  be  paid  or  used, any money or other valuable thing, as a
 compensation or reward for the giving or withholding of a vote  at  this
 special  town  election,  and have not made any promise to influence the
 giving or withholding of any such votes; that I have not made or  become
 directly or indirectly interested in any bet or wager depending upon the
 result of this special town election; and that I have not been convicted
 of  bribery or any infamous crime, or, if so convicted, that I have been
 pardoned or restored to all the rights of a citizen, without restriction
 as to the right of suffrage, or received a certificate  of  relief  from
 disabilities  or a certificate of good conduct pursuant to article twen-
 ty-three of the correction law removing my disability  to  register  and
 vote  OR  MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN
 DISCHARGED FROM PAROLE.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
     Date.............. Signature of Voter..................
   § 4. Paragraph b of subdivision 5 of section 175-b of the town law, as
 amended  by  section 11 of part LL of chapter 56 of the laws of 2010, is
 amended to read as follows:
   b.  On the reverse side of such envelope shall be printed the  follow-
 ing statement:
                        STATEMENT OF ABSENTEE VOTER
   I  do declare that I will have been a citizen of the United States for
 thirty days, and will be at least eighteen years of age, on the date  of
 the  district  election;  that I will have been a resident of this state
 and of the district if any, shown on the reverse side of  this  envelope
 for  thirty  days  next  preceding the said election and that I am or on
 such date will be, a registered voter of said district; that I  will  be

 S. 265                              4
 
 unable  to appear personally on the day of said district election at the
 polling place of the said district in which I am or will be a  qualified
 voter  because of the reason stated on my application heretofore submit-
 ted;  that  I have not qualified, or do I intend to vote, elsewhere than
 as set forth on the reverse side of  this  envelope;  that  I  have  not
 received or offered, do not expect to receive, have not paid, offered or
 promised  to  pay,  contributed,  offered  or  promised to contribute to
 another to be paid or used, any money or  other  valuable  thing,  as  a
 compensation  or  reward for the giving or withholding of a vote at this
 district election, and have not made any promise to influence the giving
 or withholding of any such votes; that I have not made or become direct-
 ly or indirectly interested in any  bet  or  wager  depending  upon  the
 result  of this district election; and that I have not been convicted of
 bribery or any infamous crime, or, if so convicted,  that  I  have  been
 pardoned or restored to all the rights of a citizen, without restriction
 as  to  the  right of suffrage, or received a certificate of relief from
 disabilities or a certificate of good conduct pursuant to article  twen-
 ty-three  of  the  correction law removing my disability to register and
 vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I  HAVE  BEEN
 DISCHARGED FROM PAROLE.
   I hereby declare that the foregoing is a true statement to the best of
 my  knowledge  and  belief, and I understand that if I make any material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
   Date..............Signature of Voter..................
   § 5. Paragraph b of subdivision 5 of section 213-b of the town law, as
 amended by section 12 of part LL of chapter 56 of the laws of  2010,  is
 amended to read as follows:
   b.   On the reverse side of such envelope shall be printed the follow-
 ing statement:
                         STATEMENT OF ABSENTEE VOTER
 
   I do declare that I will have been a citizen of the United States  for
 thirty  days, and will be at least eighteen years of age, on the date of
 the district election; that I will have been a resident  of  this  state
 and  of  the district if any, shown on the reverse side of this envelope
 for thirty days next preceding the said election and that  I  am  or  on
 such  date  will be, a registered voter of said district; that I will be
 unable to appear personally on the day of said district election at  the
 polling  place of the said district in which I am or will be a qualified
 voter because of the reason stated on my application heretofore  submit-
 ted;  that  I have not qualified, or do I intend to vote, elsewhere than
 as set forth on the reverse side of  this  envelope;  that  I  have  not
 received or offered, do not expect to receive, have not paid, offered or
 promised  to  pay,  contributed,  offered  or  promised to contribute to
 another to be paid or used, any money or  other  valuable  thing,  as  a
 compensation  or  reward for the giving or withholding of a vote at this
 district election, and have not made any promise to influence the giving
 or withholding of any such votes; that I have not made or become direct-
 ly or indirectly interested in any  bet  or  wager  depending  upon  the
 result  of this district election; and that I have not been convicted of
 bribery or any infamous crime, or, if so convicted,  that  I  have  been
 pardoned or restored to all the rights of a citizen, without restriction
 as  to  the  right of suffrage, or received a certificate of relief from
 disabilities or a certificate of good conduct pursuant to article  twen-
 ty-three  of  the  correction law removing my disability to register and

 S. 265                              5

 vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I  HAVE  BEEN
 DISCHARGED FROM PAROLE.
   I hereby declare that the foregoing is a true statement to the best of
 my  knowledge  and  belief, and I understand that if I make any material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
      Date............. Signature of Voter ..............................
   § 6. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.