BILL NUMBER: S6397

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the election law, in relation to qualifications of
voters convicted of a felony; and repealing certain provisions of such
law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide re-enfranchisement for voters with felony convictions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Subdivisions 2,3,4,and 5 of section 5-106 of the election law
are REPEALED and subdivision 6 is renumbered subdivision 2.

Section 2: 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.

              

Section 3: Subdivision 2 of section 5-708 of election law is REPEALED
and subdivisions 3,4,5,6,and 7, subdivision 3 are renumbered by chapter
659 of the laws of 1994 are renumbered subdivisions 2,3,4,5 and 6.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

Voting is a right, not a privilege, possessed by every American citizen
18 years and older, and protected by the constitution of the United
States. The constitution denies voting rights only to non-citizens and
individuals convicted of treason, although the tenth amendment allows
states to set other reasonable standards of disqualification.

Beginning in the 1870s, felony disqualification was used by states to
deny voting rights to newly freed slaves. Along with the Black Codes and
extra legal obstacles, this practice denied an entire class of Americans
the free exercise of their right to vote. Numerous Supreme Court deci-
sions and the voting Rights Act of 1965 allowed African-Americans to
fully realize their rights to vote.  Consequently, black political
representation multiplied all across America, from city halls to state
legislatures to the United States Congress.

Today, felony disenfranchisement remains a stain on the fabric of Ameri-
can democracy. Felony offenders; serving prison sentences are under the
care, custody and control of state and federal corrections officials. In
New York state, over 124,000 citizens are currently denied their voting
rights. Disenfranchisement falls particularly heavily on minorities;
Latinos make up 33% of the disenfranchised while only making up 10.46%
of the citizen voting age population. Moreover, due to disenfranchise-
ment policy, it is estimated that over 15,000 veterans in New York state
are currently banned from exercising their right to vote. Amnesty Inter-
national has issued reports criticizing the American prison system. The
State Assembly has held hearings on the conditions in state correctional
facilities.


Restoration of voting rights to felony offenders will confer a sense of
dignity and citizenship to persons we seek to punish for their crime and
rehabilitate to rejoin society. Enhancing every American's right to vote
is the true duty of patriotism.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S5210 - Referred to Elections

2019-20: S.4793 - Referred to Elections

2017-18: S.3284 - REFERRED TO ELECTIONS

2015-16: S.1210/A.6320 - Referred to Elections

2013-14: S.2631 - Referred to Elections

2011-12: S.1732/A.4647 - Referred to Elections

2009-10: S.2287/A.2116 - Referred to Elections/Referred to Election Law

2007-08: S.3782/A.6281 - Referred to Elections

2005-06: S.1355/A.6183 - Referred to Elections

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.