S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9612
 
                           I N  A S S E M B L Y
 
                              March 26, 2024
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Election Law
 
 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:

   Section  1.  The election law is amended by adding a new section 8-109
 to read as follows:
   § 8-109. POLLING PLACES AT CORRECTIONAL FACILITIES AND  LOCAL  CORREC-
 TIONAL  FACILITIES.  FOR PURPOSES OF FACILITATING VOTING BY RESIDENTS OF
 CORRECTIONAL FACILITIES AND LOCAL CORRECTIONAL FACILITIES, AS SUCH TERMS
 ARE DEFINED IN SECTION TWO OF THE CORRECTION LAW, THE BOARD OF ELECTIONS
 MAY ESTABLISH BY MAJORITY  VOTE,  IN  LIEU  OF  THE  ABSENTEE  BALLOTING
 PROGRAM  SET  FORTH IN SUBDIVISIONS ONE THROUGH FIFTEEN OF SECTION 8-407
 OF THIS ARTICLE, A POLLING PLACE AT ANY SUCH FACILITY FOR AT LEAST THREE
 HOURS OF OPERATION BEGINNING THE THIRD DAY PRIOR TO ANY GENERAL,  PRIMA-
 RY, RUN-OFF PRIMARY PURSUANT TO SUBDIVISION ONE OF SECTION 6-162 OF THIS
 CHAPTER  OR    SPECIAL  ELECTION  FOR  ANY PUBLIC OR PARTY POSITION, AND
 ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH  GENERAL,  PRIMARY,
 RUN-OFF  PRIMARY  OR  SPECIAL  ELECTION  FOR SUCH PUBLIC OFFICE OR PARTY
 POSITION.  ANY SUCH POLLING PLACE SHALL  BE  ESTABLISHED  IN  COMPLIANCE
 WITH  THE  EARLY VOTING PROVISIONS OF PARAGRAPHS (D) AND (E) OF SUBDIVI-
 SION FOUR AND SUBDIVISIONS FIVE THROUGH ELEVEN OF SECTION 8-600 OF  THIS
 ARTICLE.  VOTER  ACCESS  TO  POLLING PLACES ESTABLISHED PURSUANT TO THIS
 SECTION SHALL BE RESTRICTED TO  VOTERS  DETAINED  OR  CONFINED  AT  SUCH
 FACILITY  OR  RELATED  FACILITIES  AND  VOTERS WHO ARE EMPLOYEES OF SUCH
 FACILITIES, WHO ARE REGISTERED TO VOTE IN THE COUNTY WHERE SUCH FACILITY
 IS LOCATED, OR FOR FACILITIES LOCATED IN THE CITY OF  NEW  YORK,  VOTERS
 WHO  ARE REGISTERED TO VOTE IN THE CITY OF NEW YORK.  ALL OTHER ELIGIBLE
 VOTERS WHO ARE DETAINED OR CONFINED AT SUCH FACILITY OR WHO ARE  EMPLOY-
 EES OF SUCH FACILITY SHALL BE PROVIDED WITH VOTER REGISTRATION FORMS AND
 ABSENTEE  BALLOT APPLICATIONS PURSUANT TO SECTION 8-415 OF THIS ARTICLE.
 THE ESTABLISHMENT OF POLLING PLACES UNDER THIS SECTION SHALL BE IN ADDI-
 TION TO, AND SHALL NOT DIMINISH, THE MINIMUM QUANTITY  OF  EARLY  VOTING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11137-03-4
 A. 9612                             2
 
 LOCATIONS  REQUIRED BY SUBDIVISION TWO OF SECTION 8-600 OF THIS ARTICLE,
 NOR SHALL THE FACT OF SUCH ESTABLISHMENT ALTER OR PREJUDICE THE APPLICA-
 TION OF THE EQUITABLE SITING FACTORS THEREIN.  THE  BOARD  OF  ELECTIONS
 SHALL  ESTABLISH  PROCEDURES  OR  APPLY PROCEDURES ESTABLISHED FOR EARLY
 VOTING, SUBJECT TO APPROVAL OF THE STATE BOARD OF ELECTIONS,  TO  ENSURE
 THAT  PERSONS  WHO  VOTE  DURING  THE  EARLY  VOTING PERIOD SHALL NOT BE
 PERMITTED TO VOTE SUBSEQUENTLY IN THE SAME ELECTION.
   § 2. Subdivision 1 of section 8-406 of the election law, as amended by
 section 2 of part HH of chapter 55 of the laws of 2022,  is  amended  to
 read as follows:
   1.  If the board shall find that the applicant is a qualified voter of
 the election district containing  [his]  THE  APPLICANT'S  residence  as
 stated in [his] THE APPLICANT'S statement and that [his] THE APPLICANT'S
 statement is sufficient, it shall, as soon as practicable after it shall
 have  determined  [his] THE APPLICANT'S right thereto, mail to [him] THE
 APPLICANT at an address designated by [him] THE APPLICANT, or deliver to
 [him] THE APPLICANT, or to any person designated  for  such  purpose  in
 writing  by  [him]  THE  APPLICANT,  at the office of the board, such an
 absentee voter's ballot or set of ballots and an envelope  therefor.  If
 the  ballot  or ballots are to be sent outside of the United States to a
 country other than Canada or Mexico, such ballot  or  ballots  shall  be
 sent  by  air  mail.    However,  if an applicant who is eligible for an
 absentee ballot is a resident of a facility operated or licensed by,  or
 under  the jurisdiction of, the department of mental hygiene, or a resi-
 dent of a facility defined as a nursing home or residential health  care
 facility  pursuant to subdivisions two and three of section two thousand
 eight hundred one of the public health law, or a resident of a  hospital
 or other facility operated by the Veteran's Administration of the United
 States,  OR  A PERSON DETAINED OR CONFINED AT A CORRECTIONAL FACILITY OR
 LOCAL CORRECTIONAL FACILITY, AS SUCH TERMS ARE DEFINED IN SECTION TWO OF
 THE CORRECTION LAW, such absentee ballot need not be so mailed or deliv-
 ered to any such applicant but, may be delivered to  the  voter  in  the
 manner  prescribed  by  section  8-407  of  this [chapter] TITLE if such
 facility is located in the county or city in which such voter is  eligi-
 ble to vote.
   § 3. Section 8-407 of the election law, as added by chapter 296 of the
 laws of 1988, subdivisions 1, 3  and 15 as amended by chapter 195 of the
 laws of 2001, and subdivision 6 as amended by chapter 326 of the laws of
 1989, is amended to read as follows:
   § 8-407. Voting by residents of nursing homes, residential health care
 facilities,  facilities  operated or licensed, or under the jurisdiction
 of, the department of mental hygiene  or  hospitals  [or],    facilities
 operated  by  the  Veteran's  Administration of the United States, OR BY
 PERSONS DETAINED  OR  CONFINED  AT  CORRECTIONAL  FACILITIES  AND  LOCAL
 CORRECTIONAL  FACILITIES.  1. The board of elections of a county or city
 in which there is located at least one facility operated or licensed, or
 under the jurisdiction of, the department of mental hygiene, or a facil-
 ity defined as a nursing home or residential health care facility pursu-
 ant to subdivisions two and three of section two thousand eight  hundred
 one  of  the  public health law or an adult care facility subject to the
 provisions of title two of article seven of  the  social  services  law,
 [or]  a  hospital  or  other facility operated by the Veteran's Adminis-
 tration of the United  States,  OR  A  CORRECTIONAL  FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY  shall,  SUBJECT  TO  SUBDIVISION SIXTEEN OF THIS
 SECTION AND SECTION 8-109 OF THIS ARTICLE, provide AND ENSURE that resi-
 dents of, OR PERSONS DETAINED OR CONFINED AT,  each  such  facility  for
 A. 9612                             3
 
 which  such  board  has  received  twenty-five  or more applications for
 absentee ballots from voters who are eligible to vote by absentee ballot
 in such city or county at such election, may  vote  by  absentee  ballot
 [only]  in  the  manner provided for in this section. Such board may, in
 its discretion, provide that the procedure described in this subdivision
 shall be applicable to all such facilities in such county or city  with-
 out  regard  to the number of absentee ballot applications received from
 the residents of any such facility.
   2. Such a board of elections shall appoint,  in  the  same  manner  as
 other  inspectors,  one  or  more bi-partisan boards of inspectors, each
 composed of two such inspectors. Such inspectors may be regular  employ-
 ees  of  such board of elections OR PERSONS QUALIFIED IN ACCORDANCE WITH
 SUBDIVISION SIX  OF  SECTION  3-400  OF  THIS  CHAPTER.  ALL  INSPECTORS
 APPOINTED  PURSUANT  TO  THIS  SUBDIVISION  SHALL  UNDERGO THE REQUISITE
 TRAINING AND SUBSCRIBE TO  THE  OATH  REQUIRED  OF  ELECTION  INSPECTORS
 PURSUANT TO SECTIONS 3-412 AND 3-414 OF THIS CHAPTER.
   3.  Not  earlier  than [thirteen] TWENTY-ONE days before or later than
 the day before such an  election  such  a  board  of  inspectors  shall,
 between  the  hours  of  [nine]  SEVEN o'clock in the morning and [five]
 EIGHT o'clock in the evening ON ONE OR MORE DAYS, attend  at  each  such
 facility  for  the residents of which the board of elections has custody
 of twenty-five or more absentee ballots  OR  WHICH  OTHERWISE  QUALIFIES
 PURSUANT  TO  SUBDIVISION  SIXTEEN  OF  THIS SECTION or, if the board of
 elections has so provided, each such facility for which  the  board  has
 custody of one or more such absentee ballots, pursuant to the provisions
 of this chapter.
   4. Each such board of inspectors may attend at more than one facility,
 provided, however, that no such board of inspectors shall be assigned to
 attend at more facilities than it reasonably can be expected to complete
 within the time specified by this section.
   5.  The  board  of elections shall deliver to each board of inspectors
 VOTER REGISTRATION FORMS, PAPER ABSENTEE BALLOT  APPLICATIONS  OR  TOOLS
 CAPABLE OF PROVIDING ELIGIBLE PERSONS WITH ACCESS TO COMPLETE AND SUBMIT
 OR  SAVE  SUCH APPLICATIONS THROUGH THE ELECTRONIC VOTER REGISTRATION OR
 ABSENTEE BALLOT APPLICATION TRANSMITTAL SYSTEM AND SUFFICIENT  EQUIPMENT
 FOR  THE  PRINTING  AND ISSUANCE OF ABSENTEE BALLOTS OR all the absentee
 ballots in the custody of such board of elections which are addressed to
 [residents of] VOTERS AT the facilities which such board  of  inspectors
 is  APPOINTED FOR OR assigned to attend, together with one or more port-
 able voting booths of a type approved by the state  board  of  elections
 and  such other supplies, INCLUDING ASSISTIVE DEVICES AND ANY REASONABLE
 ACCOMMODATIONS FOR PERSONS WITH DISABILITIES AND INTERPRETIVE  RESOURCES
 AND PERSONNEL FOR THOSE IN NEED OF LANGUAGE ASSISTANCE, as such board of
 inspectors  will require to discharge its duties properly. ANY COMPLETED
 VOTER REGISTRATION FORMS COLLECTED BY SUCH BOARD OF INSPECTORS SHALL  BE
 PROCESSED  PURSUANT  TO  SECTIONS  5-208  AND  5-210 OF THIS CHAPTER, AS
 APPLICABLE. ANY COMPLETED ABSENTEE BALLOT APPLICATION FORMS COLLECTED BY
 SUCH BOARD OF INSPECTORS SHALL BE TREATED AS APPLICATIONS FOR AN  ABSEN-
 TEE BALLOT DELIVERED IN PERSON AT THE BOARD OF ELECTIONS TO THE VOTER OR
 TO AN AGENT OF THE VOTER IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION
 TWO  OF  SECTION  8-400  OF THIS TITLE AND PROCESSED PURSUANT TO SECTION
 8-402 OF THIS TITLE.
   6. The board of elections, at least [twenty]  FORTY-FIVE  days  before
 each  such  election,  or,  FOR  FACILITIES NOT SET FORTH IN SUBDIVISION
 SIXTEEN OF THIS SECTION, on the day after it  shall  have  received  the
 requisite number of applications for absentee ballots from the residents
 A. 9612                             4
 
 of  any  such  facility,  whichever is later, shall communicate with the
 superintendent, administrator or director of each such facility OR THEIR
 DESIGNATED DEMOCRACY OFFICER OR AGENT to  arrange  the  [day]  DAYS  and
 [time]  TIMES when the board of inspectors will attend at such facility.
 The board of elections shall keep a list  of  (A)  the  [day]  DAYS  and
 [time]  TIMES  at which the board of inspectors will attend at each such
 facility, (B) THE NUMBER OF APPLICATIONS FOR ABSENTEE  BALLOTS  RECEIVED
 FROM  ANY SUCH FACILITY, AND (C) THE NUMBER OF ABSENTEE BALLOTS RETURNED
 BY VOTERS AT ANY SUCH FACILITY PURSUANT TO THIS SECTION  as  [a]  public
 [record] RECORDS at its office AND DELIVER A COPY OF SUCH RECORDS TO THE
 STATE  BOARD  OF ELECTIONS WITHIN SEVEN DAYS AFTER CERTIFICATION OF EACH
 PRIMARY, GENERAL OR SPECIAL ELECTION.
   7. It shall be the duty of each such superintendent, administrator  or
 director,  OR THEIR DESIGNATED DEMOCRACY OFFICER OR AGENT, to assist the
 board of inspectors attending OR SERVING such facility in the  discharge
 of  its  duties,  including, but not limited to making available to such
 board of inspectors space  AND  REASONABLE  ACCOMMODATIONS  within  such
 facility suitable for the discharge of its duties.
   8.  The  board  of  inspectors  shall  deliver  each  absentee  ballot
 addressed to a [resident of] VOTER LOCATED AT each such facility to such
 [resident] VOTER.  If such [resident] VOTER is physically  disabled  the
 inspectors  shall,  if  necessary,  deliver  the ballot to such voter at
 [his] THEIR bedside.
   9. The board of inspectors shall arrange the portable voting booth  or
 booths  provided  and  effect  such  safeguards  as  may be necessary to
 provide secrecy for the votes cast by such [residents] VOTERS.
   10. If such a [resident] VOTER is unable to mark [his]  THEIR  ballot,
 [he]  THEY  may be assisted in marking such ballot by the two members of
 the board of inspectors or such other person as [he] THEY may select. If
 a voter is unable to mark the ballot and unable to communicate  how  [he
 wishes]  THEY WISH such ballot marked, such ballot shall not be cast. No
 person who assists a voter to mark [his] THEIR ballot  pursuant  to  the
 provisions  of  this section, shall disclose to any other person how any
 such ballot was marked.
   11. Except as otherwise provided in this  section,  all  ballots  cast
 pursuant  to  this  section shall be cast in the manner provided by this
 chapter for the casting of absentee ballots.
   12. After such ballots have been cast and sealed  in  the  appropriate
 envelopes, they shall be returned to such inspectors.
   13.  Upon  completion  of  its  duties,  the board of inspectors shall
 forthwith return all such ballots to the board of elections.
   14. Any person, political committee or independent  body  entitled  to
 appoint watchers for the election district in which any such facility is
 located  at the election for which such absentee ballots are cast, shall
 be entitled to appoint a watcher to attend such board of  inspectors  at
 such facility.
   15.  All ballots cast pursuant to the provisions of this section which
 are received before the close of the polls on election day by the  board
 of  elections  charged  with  the  duty  of  casting and canvassing such
 ballots, may be delivered to the inspectors of election  in  the  manner
 prescribed  by  this  chapter  or retained at the board of elections and
 cast and canvassed pursuant to the provisions of section 9-209  of  this
 chapter  as  such  board shall, in its discretion, determine pursuant to
 the provisions of subdivision one of this section.
   16. WITH RESPECT TO CORRECTIONAL  FACILITIES  AND  LOCAL  CORRECTIONAL
 FACILITIES,  AS  SUCH TERMS ARE DEFINED IN SECTION TWO OF THE CORRECTION
 A. 9612                             5
 
 LAW, THE BOARD OF ELECTIONS IN COUNTIES WITH AT LEAST ONE HUNDRED  THOU-
 SAND  REGISTERED VOTERS SHALL PROVIDE THAT THE ELIGIBLE PERSONS DETAINED
 OR CONFINED AT ANY SUCH FACILITY IN SUCH  COUNTY  WITH  SEVENTY-FIVE  OR
 MORE  PERSONS  DETAINED  OR  CONFINED  MAY  VOTE  BY  ABSENTEE BALLOT AS
 PROVIDED FOR IN THIS SECTION, WITHOUT REGARD TO THE NUMBER  OF  ABSENTEE
 BALLOT  APPLICATIONS RECEIVED FROM ELIGIBLE VOTERS AT ANY SUCH FACILITY.
 WITH RESPECT TO ELIGIBLE PERSONS DETAINED AT SUCH FACILITY WHO  ARE  NOT
 RESIDENTS  OF THE COUNTY IN WHICH SUCH FACILITY IS LOCATED, THE RESIDEN-
 TIAL DUTY TO FACILITATE TIMELY VOTER REGISTRATION  AND  ABSENTEE  BALLOT
 ACCESS  PURSUANT TO SECTION 8-415 OF THIS TITLE SHALL STILL APPLY.  EACH
 BOARD OF ELECTIONS SUBJECT  TO  THIS  SUBDIVISION  SHALL  ADOPT  WRITTEN
 PROCEDURES  TO  ENSURE  ORDERLY ADMINISTRATION OF THE ABSENTEE BALLOTING
 PROGRAM AT EACH SUCH FACILITY.  SUCH PROCEDURES SHALL INCLUDE,  BUT  NOT
 BE  LIMITED  TO,  THE DELIVERY AND RETRIEVAL OF VOTER REGISTRATION FORMS
 AND ABSENTEE BALLOTS, SHALL BE COUNTER SIGNED BY THE  FACILITY'S  SUPER-
 INTENDENT,  ADMINISTRATOR  OR  DIRECTOR,  OR  THEIR DESIGNATED DEMOCRACY
 OFFICER OR AGENT, AND SHALL BE PUBLIC RECORDS.  ALL PROCEDURES SHALL  BE
 SUBMITTED  TO  THE  STATE  BOARD  OF ELECTIONS NO LATER THAN NINETY DAYS
 PRIOR TO THE FIRST ELECTION DAY IN WHICH A FACILITY LOCATED WITHIN  SUCH
 A  COUNTY  SHALL  PARTICIPATE IN THIS PROGRAM, AND APPROVED BY THE STATE
 BOARD OF ELECTIONS WITH ANY AMENDMENTS PRESCRIBED BY THE STATE BOARD  OF
 ELECTIONS  NO  LATER  THAN SEVENTY-FIVE DAYS PRIOR TO SUCH ELECTION DAY.
 ALL OTHER CORRECTIONAL FACILITIES AND LOCAL CORRECTIONAL  FACILITIES  IN
 SUCH  A  COUNTY  SHALL  BE SUBJECT TO THE PROVISIONS OF SECTION 8-415 OF
 THIS TITLE; PROVIDED, HOWEVER, THAT A BOARD  OF  ELECTIONS  MAY  PROVIDE
 ABSENTEE  BALLOTING ACCESS IN ACCORDANCE WITH THIS SUBDIVISION TO VOTERS
 DETAINED OR CONFINED AT SUCH OTHER  CORRECTIONAL  FACILITIES  AND  LOCAL
 CORRECTIONAL  FACILITIES IN LIEU OF SUCH BOARD OF ELECTIONS' OBLIGATIONS
 PRESCRIBED BY SECTION 8-415 OF THIS TITLE. THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO  ANY  FACILITY  WHERE THE PERSONS DETAINED OR CONFINED AT SUCH
 FACILITY ARE EXCLUSIVELY UNDER THE AGE OF EIGHTEEN.
   17. NOTHING IN THIS SECTION SHALL PREJUDICE OR LIMIT THE RIGHTS  UNDER
 STATE  AND FEDERAL LAW OF ANY VOTER WHO VOTES PURSUANT TO THE METHODS IN
 THIS SECTION, INCLUDING THE RIGHTS AND REMEDIES PROVIDED FOR UNDER TITLE
 TWO OF ARTICLE SEVENTEEN OF THIS CHAPTER.
   § 4. The election law is amended by adding a new section 8-415 to read
 as follows:
   § 8-415. ABSENTEE VOTING; APPLICATION AND REGISTRATION DRIVE FOR CITI-
 ZENS DETAINED OR CONFINED AT CORRECTIONAL FACILITIES AND  LOCAL  CORREC-
 TIONAL  FACILITIES. 1. THIS SECTION APPLIES TO ANY CORRECTIONAL FACILITY
 OR LOCAL CORRECTIONAL FACILITY, AS SUCH TERMS ARE DEFINED IN SECTION TWO
 OF THE CORRECTION LAW, FOR WHICH  ABSENTEE  BALLOTING  IS  NOT  PROVIDED
 PURSUANT  TO  SECTION  8-407 OF THIS TITLE, EXCEPT FOR ANY SUCH FACILITY
 WHERE THE PERSONS DETAINED OR CONFINED AT SUCH FACILITY ARE  EXCLUSIVELY
 UNDER  THE  AGE  OF  EIGHTEEN.  FOR  EACH  SUCH  FACILITY,  THE BOARD OF
 ELECTIONS  SHALL  COORDINATE  WITH  THE  SUPERINTENDENT,  ADMINISTRATOR,
 DIRECTOR,  DESIGNATED  DEMOCRACY  OFFICER  OR  AGENT TO FACILITATE VOTER
 ACCESS BY ENSURING THAT ALL ELIGIBLE CITIZENS ARE PROVIDED WITH A  VOTER
 REGISTRATION  FORM,  WHICH SHALL BE PROCESSED PURSUANT TO SECTIONS 5-208
 AND 5-210 OF THIS CHAPTER, AS APPLICABLE, AND THAT ALL  ELIGIBLE  VOTERS
 ARE  PROVIDED  WITH AN ABSENTEE BALLOT APPLICATION NO LATER THAN TWENTY-
 ONE DAYS PRIOR TO ELECTION DAY. IT SHALL BE THE DUTY OF EACH SUCH SUPER-
 INTENDENT, ADMINISTRATOR,  DIRECTOR,  DESIGNATED  DEMOCRACY  OFFICER  OR
 AGENT  TO  ASSIST  THE  BOARD IN THE DISCHARGE OF ITS DUTIES PURSUANT TO
 THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO MAKING  AVAILABLE  SUIT-
 ABLE SPACE AND REASONABLE ACCOMMODATIONS WITHIN SUCH FACILITY.
 A. 9612                             6
 
   2.  THE  STATE BOARD OF ELECTIONS SHALL PROMULGATE NON-PARTISAN EDUCA-
 TIONAL MATERIALS IN PLAIN LANGUAGE ABOUT THE VOTING RIGHTS  OF  INDIVID-
 UALS  CURRENTLY  INCARCERATED AND FORMERLY INCARCERATED FOR INCLUSION IN
 THE INMATE HANDBOOK OR SIMILAR MATERIALS AND REENTRY RESOURCES.  NOTHING
 IN  THIS  SUBDIVISION  SHALL  PROHIBIT  THE INCLUSION OR DISTRIBUTION OF
 NON-PARTISAN EDUCATIONAL MATERIALS IN ADDITIONAL RESOURCES  PROVIDED  TO
 OR MADE AVAILABLE TO INCARCERATED OR FORMERLY INCARCERATED INDIVIDUALS.
   § 5. Section 500-j of the correction law, as amended by chapter 291 of
 the laws of 2009, is amended to read as follows:
   §  500-j.  Who  may visit local correctional facilities. The following
 persons may visit at pleasure all  local  correctional  facilities:  The
 governor  and  lieutenant-governor,  secretary of state, comptroller and
 attorney-general, members of the legislature, judges  of  the  court  of
 appeals,  justices  of  the  supreme  court  and county judges, district
 attorneys [and], every clergyman or minister, as such terms are  defined
 in  section  two  of  the religious corporations law, having charge of a
 congregation in the county  in  which  such  facility  is  located,  AND
 BI-PARTISAN BOARD OF ELECTIONS OFFICIALS AND INSPECTORS APPOINTED BY THE
 BOARD  OF ELECTIONS IN THE COUNTY WHERE ANY SUCH FACILITY IS SITUATED OR
 THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, IN  ORDER  TO  DISCHARGE
 THEIR  DUTIES  UNDER  SECTIONS  8-407  AND 8-415 OF THE ELECTION LAW. No
 other person not otherwise authorized by law shall be permitted to enter
 the rooms of  a  local  correctional  facility  in  which  convicts  are
 confined, unless under such regulations as the sheriff of the county, or
 in  counties within the city of New York, the commissioner of correction
 of such city, or in the  county  of  Westchester,  the  commissioner  of
 correction of such county shall prescribe.
   § 6. Subdivision 1 of section 146 of the correction law, as amended by
 chapter 274 of the laws of 2019, is amended to read as follows:
   1.  The following persons shall be authorized to visit at pleasure all
 correctional facilities: The governor and  lieutenant-governor,  commis-
 sioner  of  general services, secretary of state, comptroller and attor-
 ney-general, members of the commission of  correction,  members  of  the
 legislature and their accompanying staff and any employee of the depart-
 ment  as  requested  by  the  member  of  the  legislature if the member
 requests to be so accompanied,  provided  that  such  request  does  not
 impact  upon  the  department's ability to supervise, manage and control
 its facilities as determined by the commissioner, judges of the court of
 appeals, supreme court and  county  judges,  district  attorneys  [and],
 every clergyman or minister, as such terms are defined in section two of
 the  religious  corporations law, having charge of a congregation in the
 county wherein any such facility is situated, AND BI-PARTISAN BOARDS  OF
 ELECTIONS  OFFICIALS  AND INSPECTORS APPOINTED BY THE BOARD OF ELECTIONS
 IN THE COUNTY WHERE ANY SUCH  FACILITY  IS  SITUATED  OR  THE  BOARD  OF
 ELECTIONS  IN  THE  CITY OF NEW YORK, IN ORDER TO DISCHARGE THEIR DUTIES
 UNDER SECTIONS 8-407 AND 8-415 OF THE ELECTION LAW. No other person  not
 otherwise  authorized  by law shall be permitted to enter a correctional
 facility except by authority of the  commissioner  of  correction  under
 such regulations as the commissioner shall prescribe.
   §  7.  Section  75 of the correction law, as amended by chapter 103 of
 the laws of 2021, is amended to read as follows:
   § 75. [Notice of voting] VOTING rights.    1.  FREEDOM  TO  VOTE.  ALL
 PERSONS  WHO  MAY HAVE BEEN OR MAY HEREAFTER BE DETAINED OR CONFINED AT,
 OR COMMITTED TO OR TAKEN CHARGE OF BY ANY CORRECTIONAL FACILITY, WHO ARE
 QUALIFIED TO REGISTER FOR AND VOTE AT ANY ELECTION PURSUANT  TO  SECTION
 5-102  OF THE ELECTION LAW AND NOT SUBJECT TO EXCLUSION BY SECTION 5-106
 A. 9612                             7
 
 OF THE ELECTION LAW, ARE HEREBY DECLARED TO  BE  ENTITLED  TO  THE  FREE
 EXERCISE  AND ENJOYMENT OF THE ELECTIVE FRANCHISE WITHOUT DISCRIMINATION
 OR PREFERENCE.
   2.  OPPORTUNITY TO REGISTER TO VOTE AND REQUEST BALLOTS. THE RULES AND
 REGULATIONS ESTABLISHED FOR THE GOVERNMENT OF ANY CORRECTIONAL  FACILITY
 SHALL  RECOGNIZE  THE RIGHT OF DETAINED OR INCARCERATED INDIVIDUALS, WHO
 ARE QUALIFIED TO REGISTER FOR AND  VOTE  AT  ANY  ELECTION  PURSUANT  TO
 SECTION  5-102  OF  THE  ELECTION  LAW  AND  NOT SUBJECT TO EXCLUSION BY
 SECTION 5-106 OF THE ELECTION LAW, TO THE FREE EXERCISE OF  THEIR  RIGHT
 TO  VOTE  IN  ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION AND, TO
 EFFECTUATE SUCH END, SHALL ALLOW FOR ACCESS BY THE ELIGIBLE  INDIVIDUALS
 TO  ELECTRONIC  PERSONAL  VOTER  REGISTRATION  OR  VOTER REGISTRATION BY
 APPLICATION PURSUANT TO ARTICLE FIVE OF THE ELECTION LAW AND  TO  ACCESS
 ABSENTEE  BALLOTING  SERVICES  THROUGH  THE  ELECTRONIC  ABSENTEE BALLOT
 APPLICATION TRANSMITTAL SYSTEM OR BY PAPER APPLICATION PURSUANT TO TITLE
 FOUR OF ARTICLE EIGHT OF THE ELECTION LAW, IN SUCH MANNER  AS  MAY  BEST
 CARRY  INTO EFFECT THE SPIRIT AND INTENT OF THIS SECTION AND BE CONSIST-
 ENT WITH THE PROPER DISCIPLINE AND MANAGEMENT OF THE CORRECTIONAL FACIL-
 ITY.  SUCH SERVICES SHALL BE MADE  AVAILABLE  WITHIN  THE  BUILDINGS  OR
 GROUNDS,  WHENEVER POSSIBLE, WHERE THE DETAINED OR INCARCERATED INDIVID-
 UALS ARE REQUIRED BY LAW TO BE CONFINED, IN  SUCH  MANNER  AND  AT  SUCH
 HOURS  AS  WILL BE IN HARMONY WITH THE RULES AND REGULATIONS OF BOTH THE
 FACILITY AND THE BOARD OF ELECTIONS, AND SUCH FACILITIES SHALL SECURE TO
 SUCH INDIVIDUALS THE FREE EXERCISE OF THEIR RIGHT TO VOTE IN  ACCORDANCE
 WITH  THE  PROVISIONS  OF THIS SECTION. IN CASE OF A VIOLATION OF ANY OF
 THE PROVISIONS OF THIS SECTION, ANY PERSON FEELING  HIMSELF  OR  HERSELF
 AGGRIEVED  THEREBY  MAY  EXERCISE  ANY  RIGHTS AND REMEDIES PROVIDED FOR
 UNDER STATE AND FEDERAL LAW, INCLUDING BY INSTITUTING PROCEEDINGS IN THE
 SUPREME COURT OF THE DISTRICT WHERE SUCH FACILITY IS SITUATED, WHICH  IS
 HEREBY  AUTHORIZED  AND  EMPOWERED  TO  ENFORCE  THE  PROVISIONS OF THIS
 SECTION.
   3. DUTY TO COOPERATE. PURSUANT TO SECTIONS 8-406, 8-407, AND 8-415  OF
 THE ELECTION LAW, THE SUPERINTENDENT OF EACH CORRECTIONAL FACILITY SHALL
 COOPERATE  WITH  THE BOARD OF ELECTIONS IN DEVELOPING AND IMPLEMENTING A
 PLAN TO FACILITATE AT LEAST ONE METHOD OF VOTER ACCESS FOR  ALL  PERSONS
 ELIGIBLE  TO  VOTE  WHO  ARE DETAINED OR CONFINED AT EACH SUCH FACILITY,
 INCLUDING, BUT NOT LIMITED TO MAKING AVAILABLE TO SUCH BOARD  SPACE  AND
 REASONABLE  ACCOMMODATIONS WITHIN SUCH FACILITY FOR THE DISCHARGE OF ITS
 DUTIES. THE DEPARTMENT  SHALL  ISSUE  REGULATIONS  DIRECTING  EACH  SUCH
 FACILITY  TO  ENSURE  THE  TIMELY DELIVERY, AND TO FACILITATE THE TIMELY
 RETURN IF APPLICABLE, OF ALL OFFICIAL ELECTION MAIL, FORMS,  NOTICES  OR
 COMMUNICATIONS  TO  ANY INDIVIDUAL DETAINED OR CONFINED AT SUCH FACILITY
 AND THAT NON-PARTISAN PLAIN LANGUAGE  EDUCATIONAL  MATERIALS  ABOUT  THE
 VOTING  RIGHTS OF INDIVIDUALS CURRENTLY INCARCERATED AND FORMERLY INCAR-
 CERATED ARE INCLUDED IN THE INMATE HANDBOOK  OR  SIMILAR  MATERIALS  AND
 REENTRY RESOURCES. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT THE INCLU-
 SION OR DISTRIBUTION OF NON-PARTISAN EDUCATIONAL MATERIALS IN ADDITIONAL
 RESOURCES  PROVIDED  TO  OR  MADE  AVAILABLE TO INCARCERATED OR FORMERLY
 INCARCERATED  INDIVIDUALS.  WITHOUT  LIMITING  ANY  RIGHTS  OR  REMEDIES
 PROVIDED  TO  VOTERS  UNDER  THE  LAW, THERE SHALL BE A PRESUMPTION OF A
 VIOLATION OF SUBDIVISION ONE OF SECTION 17-212 OF THE ELECTION LAW  WHEN
 ANY SUPERINTENDENT, EMPLOYEE, OR AGENT OF SUCH CORRECTIONAL FACILITY, BY
 COMMISSION  OR  OMISSION,  INTENTIONALLY FRUSTRATES THE PURPOSES OF THIS
 SECTION.
   4. RIGHTS RESTORATION UPON RELEASE  AND  REGISTRATION.  Prior  to  the
 release  from a correctional facility of any person the department shall
 A. 9612                             8
 
 notify such person verbally and in  writing,  that  [his  or  her]  SUCH
 voting rights will be restored upon release and provide such person with
 a  form  of  application  for voter registration and a declination form,
 offer  such  person  assistance in filling out the appropriate form, and
 provide such person written information  distributed  by  the  board  of
 elections  on  the importance and the mechanics of voting. Upon release,
 such person may choose to either submit  [his  or  her]  SUCH  completed
 application to the state board or county board where such person resides
 or  have the department transmit it on [his or her] THE PERSON'S behalf.
 Where such person chooses to have the department transmit  the  applica-
 tion,  the department shall transmit the completed application upon such
 person's release to the state board or county board  where  such  person
 resides.
   § 8. Section 510 of the correction law, as added by chapter 103 of the
 laws of 2021, is amended to read as follows:
   §  510. Voting [upon release]. 1. FREEDOM TO VOTE. ALL PERSONS WHO MAY
 HAVE BEEN OR MAY HEREAFTER BE DETAINED OR CONFINED AT, OR  COMMITTED  TO
 OR TAKEN CHARGE OF BY ANY LOCAL CORRECTIONAL FACILITY, WHO ARE QUALIFIED
 TO  REGISTER  FOR  AND VOTE AT ANY ELECTION PURSUANT TO SECTION 5-102 OF
 THE ELECTION LAW AND NOT SUBJECT TO EXCLUSION BY SECTION  5-106  OF  THE
 ELECTION  LAW,  ARE  HEREBY DECLARED TO BE ENTITLED TO THE FREE EXERCISE
 AND ENJOYMENT OF THE ELECTIVE FRANCHISE WITHOUT DISCRIMINATION OR  PREF-
 ERENCE.
   2.  OPPORTUNITY TO REGISTER TO VOTE AND REQUEST BALLOTS. THE RULES AND
 REGULATIONS ESTABLISHED FOR THE GOVERNMENT OF LOCAL CORRECTIONAL FACILI-
 TIES SHALL RECOGNIZE THE RIGHT OF DETAINED OR INCARCERATED  INDIVIDUALS,
 WHO  ARE  QUALIFIED TO REGISTER FOR AND VOTE AT ANY ELECTION PURSUANT TO
 SECTION 5-102 OF THE ELECTION  LAW  AND  NOT  SUBJECT  TO  EXCLUSION  BY
 SECTION  5-106  OF THE ELECTION LAW, TO THE FREE EXERCISE OF THEIR RIGHT
 TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THE  CONSTITUTION  AND,  TO
 EFFECTUATE  SUCH END, SHALL ALLOW FOR ACCESS BY THE ELIGIBLE INDIVIDUALS
 TO ELECTRONIC PERSONAL  VOTER  REGISTRATION  OR  VOTER  REGISTRATION  BY
 APPLICATION  PURSUANT  TO ARTICLE FIVE OF THE ELECTION LAW AND TO ACCESS
 ABSENTEE BALLOTING  SERVICES  THROUGH  THE  ELECTRONIC  ABSENTEE  BALLOT
 APPLICATION TRANSMITTAL SYSTEM OR BY PAPER APPLICATION PURSUANT TO TITLE
 FOUR  OF  ARTICLE  EIGHT OF THE ELECTION LAW, IN SUCH MANNER AS MAY BEST
 CARRY INTO EFFECT THE SPIRIT AND INTENT OF THIS SECTION AND BE  CONSIST-
 ENT WITH THE PROPER DISCIPLINE AND MANAGEMENT OF THE CORRECTIONAL FACIL-
 ITY.    SUCH  SERVICES  SHALL  BE MADE AVAILABLE WITHIN THE BUILDINGS OR
 GROUNDS, WHENEVER POSSIBLE, WHERE THE DETAINED OR INCARCERATED  INDIVID-
 UALS  ARE  REQUIRED  BY  LAW  TO BE CONFINED, IN SUCH MANNER AND AT SUCH
 HOURS AS WILL BE IN HARMONY WITH THE RULES AND REGULATIONS OF  BOTH  THE
 FACILITY  AND THE BOARD OF ELECTIONS, AND SECURE TO SUCH INDIVIDUALS THE
 FREE EXERCISE OF THEIR RIGHT TO VOTE IN ACCORDANCE WITH  THE  PROVISIONS
 OF THIS SECTION. IN CASE OF A VIOLATION OF ANY OF THE PROVISIONS OF THIS
 SECTION,  ANY  PERSON  FEELING  HIMSELF OR HERSELF AGGRIEVED THEREBY MAY
 EXERCISE ANY RIGHTS AND REMEDIES PROVIDED FOR UNDER  STATE  AND  FEDERAL
 LAW,  INCLUDING  BY  INSTITUTING PROCEEDINGS IN THE SUPREME COURT OF THE
 DISTRICT WHERE SUCH FACILITY IS SITUATED, WHICH IS HEREBY AUTHORIZED AND
 EMPOWERED TO ENFORCE THE PROVISIONS OF THIS SECTION.
   3. DUTY TO COOPERATE. PURSUANT TO SECTIONS 8-406, 8-407, AND 8-415  OF
 THE ELECTION LAW, THE SUPERINTENDENT OF EACH LOCAL CORRECTIONAL FACILITY
 SHALL COOPERATE WITH THE BOARD OF ELECTIONS IN DEVELOPING AND IMPLEMENT-
 ING  A  PLAN  TO  FACILITATE AT LEAST ONE METHOD OF VOTER ACCESS FOR ALL
 PERSONS ELIGIBLE TO VOTE WHO ARE  DETAINED  OR  CONFINED  AT  EACH  SUCH
 FACILITY,  INCLUDING,  BUT NOT LIMITED TO MAKING AVAILABLE TO SUCH BOARD
 A. 9612                             9

 SPACE  AND  REASONABLE  ACCOMMODATIONS  WITHIN  SUCH  FACILITY  FOR  THE
 DISCHARGE OF ITS DUTIES.  THE DEPARTMENT SHALL ISSUE REGULATIONS DIRECT-
 ING  EACH SUCH FACILITY TO ENSURE THE TIMELY DELIVERY, AND TO FACILITATE
 THE  TIMELY  RETURN IF APPLICABLE, OF ALL OFFICIAL ELECTION MAIL, FORMS,
 NOTICES OR COMMUNICATIONS TO ANY INDIVIDUAL DETAINED OR CONFINED AT SUCH
 FACILITY AND THAT  NON-PARTISAN  PLAIN  LANGUAGE  EDUCATIONAL  MATERIALS
 ABOUT  THE  VOTING  RIGHTS  OF  INDIVIDUALS  CURRENTLY  INCARCERATED AND
 FORMERLY INCARCERATED ARE INCLUDED IN THE  INMATE  HANDBOOK  OR  SIMILAR
 MATERIALS  AND  REENTRY  RESOURCES.  NOTHING  IN  THIS SUBDIVISION SHALL
 PROHIBIT THE INCLUSION OR DISTRIBUTION OF NON-PARTISAN EDUCATIONAL MATE-
 RIALS IN ADDITIONAL RESOURCES PROVIDED TO OR MADE AVAILABLE TO INCARCER-
 ATED OR FORMERLY INCARCERATED INDIVIDUALS.  WITHOUT LIMITING ANY  RIGHTS
 OR  REMEDIES PROVIDED TO VOTERS UNDER THE LAW, THERE SHALL BE A PRESUMP-
 TION OF A VIOLATION OF SUBDIVISION ONE OF SECTION 17-212 OF THE ELECTION
 LAW WHEN ANY SUPERINTENDENT, EMPLOYEE, OR AGENT OF  SUCH  LOCAL  CORREC-
 TIONAL FACILITY, BY COMMISSION OR OMISSION, INTENTIONALLY FRUSTRATES THE
 PURPOSES OF THIS SECTION. THIS SUBDIVISION SHALL NOT APPLY TO ANY FACIL-
 ITY  WHERE  THE PERSONS DETAINED OR CONFINED AT SUCH FACILITY ARE EXCLU-
 SIVELY UNDER THE AGE OF EIGHTEEN.
   4. RIGHTS RESTORATION UPON RELEASE  AND  REGISTRATION.  Prior  to  the
 release  from a local correctional facility of any person convicted of a
 felony the chief administrative officer shall notify such person verbal-
 ly and in writing that his or her voting rights will  be  restored  upon
 release  and  provide  such  person with a form of application for voter
 registration and a declination form, offer  such  person  assistance  in
 filling out the appropriate form, and provide such person written infor-
 mation  distributed  by the board of elections on the importance and the
 mechanics of voting. Upon release, such  person  may  choose  to  either
 submit  his  or  her  completed application to the state board or county
 board where such person resides or have the department  transmit  it  on
 his  or  her  behalf.  Where  such person chooses to have the department
 transmit the application, the chief administrative officer shall  trans-
 mit  the  completed  application upon such person's release to the state
 board or county board where such person resides.
   § 8-a. Section 510 of the correction law, as  amended by chapter   473
 of the laws of 2023, is amended to read as follows:
   § 510. Voting [upon release]. 1. FREEDOM TO VOTE.  ALL PERSONS WHO MAY
 HAVE  BEEN OR MAY HEREAFTER BE DETAINED OR CONFINED AT, OR COMMITTED  TO
 OR TAKEN CHARGE OF BY ANY LOCAL CORRECTIONAL FACILITY, WHO ARE QUALIFIED
 TO REGISTER FOR AND VOTE AT ANY ELECTION PURSUANT TO  SECTION  5-102  OF
 THE  ELECTION  LAW  AND NOT SUBJECT TO EXCLUSION BY SECTION 5-106 OF THE
 ELECTION LAW, ARE HEREBY DECLARED TO BE ENTITLED TO  THE  FREE  EXERCISE
 AND  ENJOYMENT OF THE ELECTIVE FRANCHISE WITHOUT DISCRIMINATION OR PREF-
 ERENCE.
   2. OPPORTUNITY TO REGISTER TO VOTE AND REQUEST BALLOTS. THE RULES  AND
 REGULATIONS ESTABLISHED FOR THE GOVERNMENT OF LOCAL CORRECTIONAL FACILI-
 TIES  SHALL RECOGNIZE THE RIGHT OF DETAINED OR INCARCERATED INDIVIDUALS,
 WHO ARE  QUALIFIED TO REGISTER FOR AND VOTE AT ANY ELECTION PURSUANT  TO
 SECTION  5-102  OF  THE  ELECTION  LAW  AND  NOT SUBJECT TO EXCLUSION BY
 SECTION 5-106 OF THE ELECTION LAW, TO THE FREE EXERCISE OF  THEIR  RIGHT
 TO  VOTE  IN  ACCORDANCE WITH THE PROVISIONS OF THE CONSTITUTION AND, TO
 EFFECTUATE SUCH END, SHALL ALLOW FOR ACCESS BY THE ELIGIBLE  INDIVIDUALS
 TO  ELECTRONIC  PERSONAL  VOTER  REGISTRATION   OR VOTER REGISTRATION BY
 APPLICATION PURSUANT TO ARTICLE FIVE OF THE ELECTION LAW AND  TO  ACCESS
 ABSENTEE  BALLOTING  SERVICES  THROUGH  THE  ELECTRONIC  ABSENTEE BALLOT
 APPLICATION TRANSMITTAL SYSTEM OR BY PAPER APPLICATION PURSUANT TO TITLE
 A. 9612                            10
 
 FOUR OF ARTICLE EIGHT OF THE ELECTION LAW, IN SUCH MANNER  AS  MAY  BEST
 CARRY INTO EFFECT THE SPIRIT AND INTENT OF THIS SECTION AND BE  CONSIST-
 ENT WITH THE PROPER DISCIPLINE AND MANAGEMENT OF THE CORRECTIONAL FACIL-
 ITY.    SUCH  SERVICES  SHALL  BE MADE AVAILABLE WITHIN THE BUILDINGS OR
 GROUNDS, WHENEVER POSSIBLE, WHERE THE DETAINED OR INCARCERATED  INDIVID-
 UALS  ARE  REQUIRED  BY  LAW  TO BE CONFINED, IN SUCH MANNER AND AT SUCH
 HOURS AS WILL BE IN HARMONY WITH THE RULES AND REGULATIONS OF  BOTH  THE
 FACILITY  AND THE BOARD OF ELECTIONS, AND SECURE TO SUCH INDIVIDUALS THE
 FREE EXERCISE OF THEIR RIGHT TO VOTE IN ACCORDANCE WITH  THE  PROVISIONS
 OF THIS SECTION. IN CASE OF A VIOLATION OF ANY OF THE PROVISIONS OF THIS
 SECTION,  ANY  PERSON  FEELING AGGRIEVED THEREBY MAY EXERCISE ANY RIGHTS
 AND REMEDIES PROVIDED FOR UNDER  STATE  AND  FEDERAL LAW,  INCLUDING  BY
 INSTITUTING PROCEEDINGS IN THE SUPREME COURT OF THE DISTRICT WHERE  SUCH
 FACILITY  IS  SITUATED,  WHICH  IS  HEREBY  AUTHORIZED  AND EMPOWERED TO
 ENFORCE THE PROVISIONS OF THIS SECTION.
   3. DUTY TO COOPERATE. PURSUANT TO SECTIONS 8-406, 8-407, AND 8-415  OF
 THE ELECTION LAW, THE SUPERINTENDENT OF EACH LOCAL CORRECTIONAL FACILITY
 SHALL COOPERATE WITH THE BOARD OF ELECTIONS IN DEVELOPING AND IMPLEMENT-
 ING  A  PLAN  TO  FACILITATE AT LEAST ONE METHOD OF VOTER ACCESS FOR ALL
 PERSONS ELIGIBLE TO VOTE WHO ARE  DETAINED  OR  CONFINED  AT  EACH  SUCH
 FACILITY,  INCLUDING,  BUT NOT LIMITED TO MAKING AVAILABLE TO SUCH BOARD
 SPACE  AND  REASONABLE  ACCOMMODATIONS  WITHIN  SUCH  FACILITY  FOR  THE
 DISCHARGE  OF ITS DUTIES. THE DEPARTMENT SHALL ISSUE REGULATIONS DIRECT-
 ING EACH SUCH FACILITY TO ENSURE THE TIMELY DELIVERY, AND TO  FACILITATE
 THE  TIMELY  RETURN IF APPLICABLE, OF ALL OFFICIAL ELECTION MAIL, FORMS,
 NOTICES OR COMMUNICATIONS TO ANY INDIVIDUAL DETAINED OR CONFINED AT SUCH
 FACILITY AND THAT  NON-PARTISAN  PLAIN   LANGUAGE EDUCATIONAL  MATERIALS
 ABOUT  THE  VOTING  RIGHTS   OF INDIVIDUALS CURRENTLY   INCARCERATED AND
 FORMERLY  INCARCERATED ARE INCLUDED IN THE INMATE  HANDBOOK  OR  SIMILAR
 MATERIALS  AND  REENTRY  RESOURCES. NOTHING IN  THIS  SUBDIVISION  SHALL
 PROHIBIT THE INCLUSION OR DISTRIBUTION OF NON-PARTISAN EDUCATIONAL MATE-
 RIALS IN ADDITIONAL RESOURCES PROVIDED TO OR MADE AVAILABLE TO INCARCER-
 ATED  OR FORMERLY INCARCERATED INDIVIDUALS.  WITHOUT LIMITING ANY RIGHTS
 OR REMEDIES PROVIDED TO VOTERS UNDER THE LAW, THERE SHALL BE A  PRESUMP-
 TION OF A VIOLATION OF SUBDIVISION ONE OF SECTION 17-212 OF THE ELECTION
 LAW  WHEN  ANY  SUPERINTENDENT, EMPLOYEE, OR AGENT OF SUCH LOCAL CORREC-
 TIONAL FACILITY, BY COMMISSION OR OMISSION, INTENTIONALLY FRUSTRATES THE
 PURPOSES OF THIS SECTION. THIS SUBDIVISION SHALL NOT APPLY TO ANY FACIL-
 ITY WHERE THE PERSONS DETAINED OR CONFINED AT SUCH FACILITY  ARE  EXCLU-
 SIVELY UNDER THE AGE OF EIGHTEEN.
   4. RIGHTS RESTORATION UPON RELEASE  AND  REGISTRATION.  Prior  to  the
 release  from a local correctional facility of any person convicted of a
 felony the chief administrative officer shall notify such person verbal-
 ly and in writing that [his or her] SUCH PERSON'S voting rights will  be
 restored upon release and provide such person with a form of application
 for voter registration and a declination form, offer such person assist-
 ance  in filling out the appropriate form, and provide such person writ-
 ten information distributed by the board of elections on the  importance
 and  the  mechanics  of  voting. Upon release, such person may choose to
 either submit [his or her] A completed application to the state board or
 county board where such person resides or have the  department  transmit
 it  on  his or her behalf. Where such person chooses to have the depart-
 ment transmit the application, the chief  administrative  officer  shall
 transmit  the  completed  application  upon such person's release to the
 state board or county board where such person resides.
 A. 9612                            11
 
   [2.] 5. Upon discharge or release from the custody of a local  correc-
 tional  facility,  the  chief  administrative  officer  of such facility
 shall, in consultation with the county board of elections, distribute to
 every person eighteen years of age or older  a  written  notice  on  the
 voting  rights of such person in the state of New York, including infor-
 mation on the importance and mechanics of voting, when such person is or
 may become eligible to vote, and offer to  every  such  person  a  voter
 registration  form; provided that, if an individual declines to accept a
 voter registration form, the chief administrative officer shall maintain
 a written record of such declination. Notice is not required  for  those
 individuals  being transferred to a different local correctional facili-
 ty, individuals being transferred or released to the custody of a  state
 correctional  facility  or institution, or individuals being released to
 the custody of a hospital or mental health institution for treatment.
   § 9. Subdivision 6 of section 137 of the correction law is amended  by
 adding a new paragraph (p) to read as follows:
   (P) ANY INCARCERATED INDIVIDUAL CONFINED IN A CELL OR ROOM, APART FROM
 THE  ACCOMMODATIONS  PROVIDED  FOR  INDIVIDUALS WHO ARE PARTICIPATING IN
 PROGRAMS OF THE FACILITY, OR ANY INCARCERATED INDIVIDUAL HELD IN  SEGRE-
 GATED  CONFINEMENT WHO IS ELIGIBLE TO VOTE SHALL BE ENTITLED TO REGISTER
 TO VOTE AND VOTE AS SET  FORTH  IN  SECTIONS  8-407  AND  8-415  OF  THE
 ELECTION LAW.
   §  10. This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law;  provided,  however,  that
 the  amendments to section 510 of the correction law made by section 8-a
 of this act shall take effect on the same date and in the same manner as
 chapter 473 of the laws of 2023 takes effect.    Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.