NY State Senate Bill 2023-S6875A

Current Bill Status - In Senate Committee Elections 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 15, 2024	print number 6875a
Nov 15, 2024	amend (t) and recommit to elections
Jan 03, 2024	referred to elections
May 12, 2023	referred to elections

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S6875 - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §§8-109, 8-415 & 3-507, amd §§8-406, 8-407 & 17-208, El L; amd §§500-j, 146, 75, 510 & 137, Cor L; amd §§1057-a & 3202, NYC Chart

2023-S6875 - Summary

Relates to voting rights and access for incarcerated individuals; authorizes polling places to be available at correctional facilities and local facilities; requires such facilities to provide persons detained or confined in such facilities access to register to vote or apply for an absentee ballot; requires voting information to be included in the inmate handbook.

2023-S6875 - Sponsor Memo

                                 
BILL NUMBER: S6875

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law and the correction law, in relation to
voting rights and access for incarcerated individuals

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to codify the right to vote for citizens
detained pretrial or for lesser offenses in correctional facilities who
have not lost the right to vote, and to provide local officials with
authorization and guidance to facilitate timely access to at least one
method of effective and secure voter registration and ballot access for
all such eligible persons.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 8-109 to the Election Law to
provide local election officials with the option to deploy a poll site
during the final two days of the early voting period for not less than 6

hours at correctional facilities and local correctional facilities with-
in their jurisdiction, in lieu of either the residual duties to provide
basic voter registration and absentee ballot access under a new Election
Law § 8-415, or the bipartisan absentee ballot collection program
prescribed for the most populous congregate facilities (e.g. nursing
homes) by a revised section 8-407 of the election law. Balloting at such
a polling place will be available to confined eligible citizens and
facility staff who are voters in the jurisdiction where the facility is
located. Voters who are residents of other jurisdictions are guaranteed
voter access under a new Election Law § 8-415, discussed below.

Section 2 of the bill amends Election law § 8-406 to authorize biparti-
san local Board of Elections personnel to deliver absentee ballots via
the existing bipartisan absentee ballot collection program (in Election
Law § 8-407 as amended by Section 3 of the bill), to citizens detained
in correctional facilities and local correctional facilities who have
not lost the right to vote.

Section 3 of the bill amends Election Law § 8-407 and adds 2 new subdi-
visions (16) and (17). The existing § 8-407 bipartisan absentee ballot
collection program directs bipartisan teams of election officials to
conduct in-person visits to certain congregate residential facilities
(e.g., nursing homes), to facilitate absentee voting, if the local board
of elections receives 25 absentee ballot requests from a covered facili-
ty. Section 3 adds correctional facilities and local correctional facil-
ities to the list of covered facilities, with limited changes to reflect
the access needs of the eligible correctional population. The § 8-407
program is modified for correctional facilities and local correctional
facilities to eliminate the need for election officials to wait for 25
absentee ballot applications from the largest facilities in the most
populous counties in the state (including New York City facilities) to
coordinate a visit to such facility by a bipartisan team. If the popu-
lation threshold in subdivision 16 is triggered, the board of elections
shall designate a bipartisan team to schedule a visit to the facility or
deploy a poll site as described in section 1 of the bill. The board of
elections will also supply materials to conduct voter registration and
absentee balloting. This section also enhances intergovernmental cooper-
ation between Elections and Corrections officials and basic recordkeep-
ing, to ensure timely, fair, and effective voter access.

Section 3 of the bill also adds a new subdivision 16 to Election Law §
8-407, which creates an alternative population-based trigger for the
bipartisan absentee ballot collection program at correctional facilities
and local correctional facilities. Local boards of elections that serve
at least 100,000 registered voters will proactively coordinate visits by
bipartisan teams to facilitate registration and voting at any correc-
tional facility or local correctional facility with a total census of 75
or more persons.  Covered boards of elections must cooperate with facil-
ity leadership to identify such facilities, develop written procedures
for orderly and secure delivery and retrieval of registration and voting
materials. These procedures are reviewed for sufficiency and election
integrity by the State Board of Elections. Local election officials have
the discretion to decide to deploy bipartisan teams at correctional
facilities below the population threshold. The new subdivision 17
provides potential recourse under Article 17 of the election law if the
rights and access prescribed by this act are intentionally frustrated.

Section 4 of the bill adds a new § 8-415 to the Election Law to improve
residual voter registration and absentee ballot access for all eligible
citizens detained in correctional facilities and local correctional
facilities who have not lost the right to vote, wherever they are being
detained. Local election officials coordinate with facility leadership
to facilitate access to voting. All such eligible citizens must be
provided with effective voter registration and absentee ballot access,
regardless of where they are confined in the state, no later than twen-
ty-one days prior to election day. The State Board of Elections shall
issue non-partisan materials to clarify voter eligibility, voting rights
and rules, and voting options. These materials must be publicized and
distributed in correctional facilities.

Section 5 of the bill amends Corrections Law Article 20 § 500(j) regard-
ing who may visit a local correctional facility to authorize visits by
bipartisan teams from the board of elections in order to facilitate
timely and effective voter access in accordance with this act.

Section 6 of the bill amends § 146(1) of the Correction Law regarding
who may visit a correctional facility to authorize visits by bipartisan
teams from the board of elections in order to facilitate timely and
effective voter access in accordance with this act.

Section 7 of the bill renames and renumbers § 75 of the Corrections Law
and adds new subdivisions 1, 2, and 3 to codify the right to vote for
otherwise-eligible American citizens detained in correctional facilities
who have not lost the right to vote. This is modeled on the Corrections
Law's Freedom of Worship law and protects the opportunity to register to
vote and request ballots. Facility leadership has a duty to cooperate
with local election officials to facilitate voter access.

Section 8 of the bill renames and renumbers § 510 of the Corrections Law
and adds new subdivisions 1, 2, and 3 to codify the right to vote for
otherwise- eligible American citizens detained in local correctional
facilities who have not lost the right to vote. This is modeled on the
Corrections Law's Freedom of Worship law and protects the opportunity to
register to vote and request ballots. Facility leadership has a duty to
cooperate with local election officials to facilitate voter access.
Section 9 of the bill amends Corrections Law § 137 to clarify that
otherwise-eligible citizens who have not lost the right to vote and are
being held in solitary confinement may not be deprived of effective
access to voting.

Section 10 of the bill sets forth the effective date.

 
JUSTIFICATION:

Thousands of American citizens detained in New York jails each year have
not lost their right to vote, yet their access to voting is severely
limited, if not obstructed entirely by the circumstances of their
confinement. This jeopardizes civil rights and undermines the state's
interest in maintaining correctional policies that foster rehabilitation
and community reintegration Prison Policy Initiative, Eligible, But
Excluded: A Guide to Removing the Barriers to Jail Voting, October 2020,
https://bit.ly/44S8D5B).

This population includes otherwise-eligible citizens who are detained
pretrial or for lesser offenses and who have not lost (or did not lose)
their right to vote as a consequence for their alleged offenses.

These citizens have just one way to vote-by absentee ballot. Yet, they
are effectively being disenfranchised because of the absence of a voter
access program coordinated and facilitated by elections and corrections
officials. Currently, without such a program for this population, the
responsibility for voter access is illusory or amorphous at best, fall-
ing to local sheriffs, corrections staff, and civic groups, rather than
the bipartisan officials who administer local elections. This has led to
limited, variable and unpredictable access year-to-year and facility-to-
facility. The lack of statewide uniformity leaves an unaccountable void
filled by ad hoc arrangements, misinformation about eligibility, and
infringed rights.  Modern state regulation is needed to adequately and
uniformly safeguard these civil rights and ensure the integrity of
elections.

Notably, people of color are dramatically overrepresented in American
jails and prisons. Racial disparities are particularly stark for Black
Americans, who make up 38% of the incarcerated population despite
representing only 12% of U.S residents (Prison Policy Initiative, Mass
Incarceration: The Whole Pie 2023, March 2023, https://bit.ly/3HPeZZx).

This legislation codifies the right to vote for citizens in correctional
facilities and local correctional facilities who have not lost the right
to vote (i.e., who are not currently incarcerated for a felony
conviction) and provides local officials with authorization and guidance
to facilitate timely access to at least one method of effective and
secure voter registration and ballot access for all such eligible
persons.

This policy provides interlocking voter access options for election
administrators, who need to serve voters in urban and rural localities,
and who are provided with discretion and flexibility to meet local needs
with limited resources. The act sets a statewide standard that enhances
and clarifies the residual duty on local officials to provide and facil-
itate basic voter registration and absentee ballot access for eligible
citizens detained in less populous correctional facilities or local
correctional facilities and citizens detained outside their home county,
reducing the logistical barriers to ballot access that can unjustly
suppress these legitimate voters.

The Election Law's Bipartisan Absentee Ballot Collection Program (EL §
8-407) for large nursing homes and congregate facilities is extended to
apply to the largest correctional facilities and local correctional
facilities in New York's most populous counties.  Election officials are
authorized to proactively coordinate this program with facility leader-
ship, who must cooperate to ensure the eligible citizens confined at
each covered facility have a fair opportunity to timely register and
vote. Alternatively, local election officials have the option to deploy
a poll site at the populous facilities in their county, so eligible
confined citizens and facility staff can conveniently vote.

Finally, this act establishes a partnership of cooperation between
elections and corrections officials, clarifying the role of bipartisan
election officials in election-related tasks (eligibility, registration,
balloting materials) and the role of corrections to facilitate effective
voter access for citizens in their custody.

This policy rectifies an ongoing injustice and is intended to provide
parity of access to civil rights to the extent possible and safeguards
for access disparities that account for the circumstances of confinement
to assure fair, timely, and secure access to voting for eligible citi-
zens in jails.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first day of July next succeeding the
date on which it shall have become a law. Effective immediately, the
state board of elections is authorized and directed to promulgate neces-
sary rules, procedures, guidance, and educational materials and the
state and local boards of elections are authorized and directed to take
all necessary preparatory actions to ensure timely implementation of and
compliance with this act.

2023-S6875 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6875
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11137-02-3

 S. 6875                             2
 
 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
 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 OR HER residence as stated  in  his
 OR  HER statement and that his OR HER statement is sufficient, it shall,
 as soon as practicable after it shall have determined his OR  HER  right
 thereto,  mail  to him OR HER at an address designated by him OR HER, or
 deliver to him OR HER, or to any person designated for such  purpose  in
 writing  by  him  OR  HER,  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 juris-
 diction of, the department of mental hygiene, or a resident of a facili-
 ty 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 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  delivered
 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 eligible 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-
 S. 6875                             3
 
 dents of, OR PERSONS DETAINED OR CONFINED AT,  each  such  facility  for
 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
 S. 6875                             4
 
 requisite number of applications for absentee ballots from the residents
 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.
 S. 6875                             5
 
   16.  WITH  RESPECT  TO  CORRECTIONAL FACILITIES AND LOCAL CORRECTIONAL
 FACILITIES, AS SUCH TERMS ARE DEFINED IN SECTION TWO OF  THE  CORRECTION
 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
 S. 6875                             6
 
 THIS  SUBDIVISION,  INCLUDING, BUT NOT LIMITED TO MAKING AVAILABLE SUIT-
 ABLE SPACE AND REASONABLE ACCOMMODATIONS WITHIN SUCH FACILITY.
   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
 S. 6875                             7

 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 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.
 S. 6875                             8
 
   4.  RIGHTS  RESTORATION  UPON  RELEASE  AND REGISTRATION. Prior to the
 release from a correctional facility of any person the department  shall
 notify  such  person  verbally  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 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 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 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
 S. 6875                             9
 
 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 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.
   §  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. 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.

co-Sponsors

2023-S6875A (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §§8-109, 8-415 & 3-507, amd §§8-406, 8-407 & 17-208, El L; amd §§500-j, 146, 75, 510 & 137, Cor L; amd §§1057-a & 3202, NYC Chart

2023-S6875A (ACTIVE) - Summary

2023-S6875A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6875A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, the correction law and the New York
city charter, in relation to voting rights and access for incarcerated
individuals

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to codify the right to vote for citizens
detained pretrial or for lesser offenses in correctional facilit ies who
have not lost the right to vote, and to provide local officials with
authorization and guidance to facilitate timely access t o at least one
method of effective and secure voter registration and balloting via a
poll site or absentee balloting for all such eli gible persons.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 titles this bill as the Democracy During Detention Act.

Section 2 of the bill adds a new section 8-109 to the Election Law.
Subdivision one of section 8109 provides county election official s with
the option to deploy a poll site during the first two days of the early
voting period for not less than 6 hours total (3 hours per day) at
correctional facilities and local correctional facilities within their
jurisdiction, in lieu of either the residual duties to provide basic
voter registration and absentee ballot access under a new Election Law §
8-415, or the bipartisan absentee ballot collection program prescr ibed
for the most populous congregate facilities (e.g. nursing homes) by a
revised section 8-407 of the election law. Balloting at such a polling
place will be available to confined eligible citizens and facility staff
who are voters in the jurisdiction where the facility is located. This
inc ludes "Golden Day" (the final day to register to vote in New York)
permitting eligible citizens to register and cast an affidavit bal lot
in one stop, reducing administrative costs and protecting rights.
Voters who are residents of other jurisdictions are guaranteed voter
access under a new Election Law § 8-415, discussed below.

Subdivision two of section 8-109 applies to New York City facilities,
prescribing a robust poll site plan for election officials that includes
enhanced voter access safeguards, accounting for the differences in
scale and complexity of meeting the diverse needs of de tained or
confined eligible citizens at Rikers or successor facilities. Election
officials have the option to deploy a poll site duri ng the first three
days of the early voting period for not less than 18 hours total (6
hours per day). This includes "Golden Day" per mitting eligible citizens
to register and cast an affidavit ballot in one stop, reducing adminis-
trative costs and protecting rights.

Subdivision three of section 8-109 requires the board of elections to
develop a comprehensive facility voter access and security plan in
consultation and cooperation with and countersigned by the facility
leadership, which must be approved by the state board of elec tions.

Section 3 of the bill amends Election law § 8-406 to authorize biparti-
san local Board of Elections personnel to deliver absentee ball ots via
the existing bipartisan absentee ballot collection program (in Election
Law § 8-407 as amended by Section 4 of the bill), to citizens detained
in correctional facilities and local correctional facilities who have
not lost the right to vote.

Section 4 of the bill amends Election Law § 8-407 and adds 2 new subdi-
visions (16) and (17). The existing § 8-407 bipartisan absentee ballot
collection program directs bipartisan teams of election officials to
conduct in-person visits to certain congregate residenti al facilities
(e.g., nursing homes), to facilitate absentee voting, if the local board
of elections receives 25 absentee ballot requests from a covered facili-
ty. This section adds correctional facilities and local correctional
facilities to the list of covered facilities, with limited changes to
reflect the access needs of the eligible correctional population. The §
8-407 bip artisan absentee ballot collection program is modified for
correctional facilities and local correctional facilities to eliminate
the need for election offic ials to wait for 25 absentee ballot applica-
tions from the largest facilities in the most populous counties in the
state (including Ne w York City facilities) to coordinate a visit to
such facility by a bipartisan team. If the population threshold in
subdivision 16 is triggered, the board of el ections shall designate a
bipartisan team and schedule a visit to the facility or deploy a poll
site as described in new Election Law § 8-109, pursuant to an agreement
with facility leadership approved by the state board of elections. The
board of elections will also supply materials to conduct voter registra-
tion and absentee balloting. This section also enhances intergovernm
ental cooperation between Elections and Corrections officials and basic
recordkeeping, to ensure timely, fair, and effective voter ac cess.

The new subdivision 16 of Election Law § 8-407 creates a population-
based trigger for the bipartisan absentee ballot collection progr am at
correctional facilities and local correctional facilities. Local boards
of elections that serve at least 100,000 registered vot ers will proac-
tively coordinate visits by bipartisan teams to facilitate registration
and voting at any correctional facility or local correctional facility
with a total census of 75 or more persons. Covered boards of elections
must consult and coope rate with facility leadership to develop a
comprehensive facility voter access and security plan that written
procedures for the orde rly and secure delivery and retrieval of regis-
tration and voting materials. These procedures are reviewed for suffi-
ciency and electio n integrity by the State Board of Elections. The
program at each facility must be designed so that all eligible citizens
have an effe ctive opportunity to register and vote. Local election
officials have the discretion to decide to deploy bipartisan teams at
correcti onal facilities below the population threshold.

To account for the significant differences in scale and complexity in
meeting the diverse needs of detained or confined eligible citi zens in
New York City, paragraph (b) of the new Election Law § 8-407(16) adds
additional duties to the bipartisan absentee ballot col lection program
at correctional facilities in the City of New York, unless City election
officials decide to deploy a poll site at such facilities, per the new
Election Law § 8-109. The additional duties enhance voter access at
covered New York City f acilities in three principal ways: Paragraph
(b)(i) requires the board to provide adequate assistive devices and
reasonable accommoda tions that improve access to voting for persons
with disabilities, and robust interpretive resources and language-relat-
ed assistance in voting as required by the New York Voting Rights Act
and in coordination with the Poll Site Language Assistance Program
prescribed by the New York City Charter, on par with resources provided
to voters who are not confined. Paragraph (b)(ii) requires City election
officials to use the City Board's electronic, digital, and connectivity
re sources to permit timely online voter registration and absentee
ballot application, or paper resources when necessary, and prescribes a
timely City Board of Elections visit to covered facilities for this
purpose between 45 and 30 days prior to an election. Paragraph (b)(iii)
requires the City Board to allocate sufficient equipment and personnel
to ensure effective voter access. Such resourcing de terminations must
take into consideration the estimated number of eligible confined citi-
zens to be served, data relating to the time needed for bipartisan teams
to process voters, public safety and security considerations, the layout
of buildings at the facility, an d any other relevant factors.

The new subdivision 17 of Election Law § 8-407 provides potential
recourse under Article 17 of the election law if the rights and acc ess
prescribed by this act are intentionally frustrated.

Section 5 of the bill adds a new § 8-415 to the Election Law to improve
residual voter registration and absentee ballot access for al l eligible
citizens detained in correctional facilities and local correctional
facilities who have not lost the right to vote, wherev er they are being
detained. Local election officials coordinate with facility leadership
to facilitate access to voting. All such eligible citizens mus t be
provided with effective voter registration and absentee ballot access,
regardless of where they are confined in the state, no la ter than twen-
ty-one days prior to election day. The State Board of Elections shall
issue non-partisan materials to clarify voter elig ibility, voting
rights and rules, and voting options. These materials must be publicized
and distributed in correctional facilities.

Section 6 of the bill adds a new § 3-507 to the Election Law to author-
ize coordination and cooperation agreements with amenable leade rship of
Federal correctional facilities, in order to provide eligible citizens
detained or confined at Federal correctional faciliti es in New York
State with effective access to voting. At the beginning of each Federal
election year, each board of elections must em ploy best efforts to
engage facility leadership with a proposal to offer voter registration
and balloting at Federal correctional fac ilities within their jurisdic-
tion, in a manner consistent with the programs the local election offi-
cials are already offering at stat e and local correctional facilities
within their jurisdiction (as prescribed by sections 8-109, 8-407, and
8-415 of the Election Law, respectivel y). To ensure orderly election
administration and integrity, the procedures governing any such program
must be agreed upon by the loc al election officials, the Federal facil-
ity leadership, and approved by the state board of elections.

Section 7 of the bill amends subdivision one of § 17-208 of the Election
Law, which provides for language-related assistance for prev alent
language-minorities, to include assistance to eligible citizens confined
at New York City correctional facilities who belong to a language-minor-
ity group when at least 300 detained citizens of voting age are members
of a single language- minority group and are limited English proficient.
Section 8 of the bill amends Corrections Law Article 20 § 500(j) regard-
ing who may visit a local correctional facility to authorize visits by
bipartisan teams from the board of elections in order to facilitate
timel y and effective voter access in accordance with this act. Section
9 of the bill amends § 146(1) of the Correction Law regarding who may
visit a corre ctional facility to authorize visits by bipartisan teams
from the board of elections in order to facilitate timely and effective
vote r access in accordance with this act.

Section 10 of the bill renames and renumbers § 75 of the Corrections Law
and adds new subdivisions 1, 2, and 3 to codify the right to vote for
otherwise-eligible American citizens detained in correctional facilities
who have not lost the right to vote. This is model ed on the Corrections
Law's Freedom of Worship law and protects the opportunity to register to
vote and request ballots. Facility leadership has a duty to cooperate
with local election officials to facilitate voter access.

Section 11 of the bill renames and renumbers § 510 of the Corrections
Law and adds new subdivisions 1, 2, and 3 to codify the right t o vote
for otherwise-eligible American citizens detained in local correctional
facilities who have not lost the right to vote. This i s modeled on the
Corrections Law's Freedom of Worship law and protects the opportunity to
register to vote and request ballots. Facil ity leadership has a duty to
cooperate with local election officials to facilitate voter access.

Section 12 of the bill amends Corrections Law § 137 to clarify that
otherwise-eligible citizens who have not lost the right to vote a nd are
being held in solitary confinement may not be deprived effective access
to voting.

Section 13 of the bill amends Subdivision 9 of section 1057-a of the New
York City charter to direct the Department of Corrections to assist,
coordinate, and cooperate with and the board of elections in developing
and implementing a plan to facilitate voter access i n accordance with
this Act.

Section 14 of the bill amends paragraph 4(a) of subdivision a of section
3202 of the New York City charter to extend the Civic Engage ment
Commission's language assistance program for providing language inter-
preters at poll sites throughout New York city to correctio nal facili-
ties and local correctional facilities, where warranted based on exist-
ing methodology.

Section 15 of the bill sets forth the effective date.

 
JUSTIFICATION:

Thousands of American citizens detained in New York jails each year have
not lost their right to vote, yet their access to voting is severely
limited, if not obstructed entirely by the circumstances of their
confinement. This jeopardizes civil rights and undermines the state's
interest in maintaining correctional policies that foster rehabilitation
and community reintegration Prison Policy Initia tive, Eligible, But
Excluded: A Guide to Removing the Barriers to Jail Voting, October 2020,
https://bitly/44S8D5B).

This population includes otherwise-eligible citizens who are detained
pretrial or for lesser offenses and who have not lost (or did n ot lose)
their right to vote as a consequence for their alleged offenses. These
citizens have just one way to vote-by absentee ballot effectively being
disenfranchised because of the absence of a voter access program coordi-
nated and facilitated by elections and corre ctions officials. Current-
ly, without such a program for this population, the responsibility for
voter access is illusory or amorphous at best, falling to local sher-
iffs, corrections staff, and civic groups, rather than the bipartisan
officials who administer local elections. This has led to limited, vari-
able and unpredictable access year-to-year and facility-to-facility. The
lac k of statewide uniformity leaves an unaccountable void filled by ad
hoc arrangements, misinformation about eligibility, and infringed
rights. Modern state regulation is needed to adequately and uniformly
safeguard these civil rights and ensure the integrity of elections.

Notably, people of color are dramatically overrepresented in American
jails and prisons. Racial disparities are particularly stark fo r Black
Americans, who make up 38% of the incarcerated population despite
representing only 12% of U.S residents (Prison Policy Initi ative, Mass
Incarceration: The Whole Pie 2023, March 2023, https://bitly/3HPeZZx).

This legislation codifies the right to vote for citizens in correctional
facilities and local correctional facilities who have not lo st the
right to vote (i.e., who are not currently incarcerated for a felony
conviction) and provides local officials with authorizati on and guid-
ance to facilitate timely access to at least one method of effective and
secure voter registration and ballot access for all such eligible
persons.

This policy provides interlocking voter access options for election
administrators, who need to serve voters in urban and rural local ities,
and who are provided with discretion and flexibility to meet local needs
with limited resources. The act sets a statewide stan dard of minimum
access that enhances and clarifies the residual duty on local officials
to provide and facilitate basic voter registr ation and absentee ballot
access for eligible citizens detained in less populous correctional
facilities or local correctional facili ties and citizens detained
outside their home county, reducing the logistical barriers to ballot
access that can unjustly suppress th ese legitimate voters.

The Election Law's Bipartisan Absentee Ballot Collection Program (EL §
8-407) for large nursing homes and congregate facilities is ex tended to
apply to the largest correctional facilities and local correctional
facilities in New York's most populous counties. Electi on officials are
authorized to proactively coordinate this program with facility leader-
ship, who must cooperate to ensure the eligibl e citizens confined at
each covered facility have a fair opportunity to timely register and
vote. Alternatively, local election offic ials have the option to deploy
a poll site at the populous facilities in their county, so eligible
confined citizens and facility sta ff can conveniently vote.

To account for the significant differences in scale and complexity in
meeting the diverse needs of detained or confined eligible citi zens in
New York City, this bill prescribes heightened duties for New York City,
including: 1) additional time for voter registration and balloting; 2)
additional language access safeguards and protections for persons with
disabilities; and, 3) application of existi ng electronic and digital
technology (as the default, with paper forms as the backup) to reduce
barriers to voter registration and ba lloting caused by the circum-
stances of confinement.

Finally, this act establishes a partnership of cooperation between
elections and corrections officials, clarifying the role of bipart isan
election officials in election-related tasks (eligibility, registration,
balloting materials) and the role of corrections to fac ilitate effec-
tive voter access for citizens in their custody. The legislation also
contemplates extending the interlocking programs prescribed above for
state and l ocal correctional facilities to the eligible citizens
detained or confined at Federal correctional facilities in the state,
pursuant to comparable procedures that may be agreed upon between
elections and corrections officials.

This policy rectifies an ongoing injustice and is intended to provide
parity of access to civil rights to the extent possible and saf eguards
for access disparities that account for the circumstances of confinement
to assure fair, timely, and secure access to voting for eligible citi-
zens in jails.

 
PRIOR LEGISLATIVE HISTORY:

S6875 of 2023-24: Referred to Elections.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first day of July next succeeding the
date on which it shall have become a law. Effective immediate ly, the
state board of elections is authorized and directed to promulgate neces-
sary rules, procedures, guidance, and educational mate rials and the
state and local boards of elections are authorized and directed to take
all necessary preparatory actions to ensure tim ely implementation of
and compliance with this act.

2023-S6875A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6875--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by Sens. MYRIE, GOUNARDES, JACKSON -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Elections  --  recommitted to the Committee on Elections in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the election law, the correction law and the New York
   city charter, 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. This act shall be known and may be cited as the "Democracy
 During Detention Act".
   § 2. 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.  1. 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 OF EACH COUNTY 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 TENTH DAY  PRIOR  TO
 ANY  GENERAL,  PRIMARY,  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 NINTH 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 SUBDIVISION FOUR AND SUBDIVISIONS  FIVE  THROUGH  ELEVEN  OF  SECTION
 8-600 OF THIS ARTICLE, SECTION 8-604 OF THIS ARTICLE REGARDING REGISTRA-
 TION DURING EARLY VOTING, AND SUBDIVISION ONE-A OF SECTION 4-104 OF THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11137-05-4

 S. 6875--A                          2
 
 CHAPTER.    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.  ALL  OTHER ELIGIBLE VOTERS WHO ARE DETAINED OR CONFINED AT
 SUCH FACILITY OR WHO ARE EMPLOYEES 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 ADDITION TO, AND SHALL NOT DIMINISH, THE
 MINIMUM QUANTITY OF EARLY VOTING LOCATIONS REQUIRED BY  SUBDIVISION  TWO
 OF  SECTION 8-600 OF THIS ARTICLE, NOR SHALL THE FACT OF SUCH ESTABLISH-
 MENT ALTER OR PREJUDICE THE APPLICATION 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. (A) FOR PURPOSES OF FACILITATING VOTING BY RESIDENTS OF CORRECTION-
 AL  FACILITIES  AND  LOCAL  CORRECTIONAL  FACILITIES,  AS SUCH TERMS ARE
 DEFINED IN SECTION TWO OF THE CORRECTION LAW, THE BOARD OF ELECTIONS  IN
 THE  CITY  OF  NEW  YORK  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 SIX HOURS OF OPERATION BEGINNING THE TENTH DAY PRIOR TO ANY
 GENERAL, PRIMARY, RUN-OFF PRIMARY PURSUANT TO SUBDIVISION ONE OF SECTION
 6-162  OF THIS CHAPTER OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY POSI-
 TION, AND ENDING ON AND INCLUDING THE EIGHTH 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  COMPLI-
 ANCE  WITH  THE PROVISIONS OF PARAGRAPHS (D) AND (E) OF SUBDIVISION FOUR
 AND SUBDIVISIONS FIVE THROUGH ELEVEN OF SECTION 8-600 OF  THIS  ARTICLE,
 SECTION 8-604 OF THIS ARTICLE, AND SUBDIVISION ONE-A OF SECTION 4-104 OF
 THIS  CHAPTER.  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. ALL OTHER ELIGIBLE VOTERS WHO ARE DETAINED  OR  CONFINED  AT
 SUCH  FACILITY  OR  WHO ARE EMPLOYEES OF SUCH FACILITY SHALL BE PROVIDED
 WITH VOTER REGISTRATION FORMS AND OFFERED ABSENTEE  BALLOT  APPLICATIONS
 PURSUANT TO SECTION 8-415 OF THIS ARTICLE.  THE ESTABLISHMENT OF POLLING
 PLACES  UNDER THIS SECTION SHALL BE IN ADDITION TO, AND SHALL NOT DIMIN-
 ISH, THE MINIMUM QUANTITY OF EARLY VOTING LOCATIONS REQUIRED BY SUBDIVI-
 SION TWO OF SECTION 8-600 OF THIS ARTICLE, NOR SHALL THE  FACT  OF  SUCH
 ESTABLISHMENT ALTER OR PREJUDICE THE APPLICATION 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.
   (B) WITHOUT LIMITING THE PROVISIONS OF PARAGRAPH (A) OF THIS  SUBDIVI-
 SION,  THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, IN PERFORMING ITS
 OBLIGATIONS UNDER PARAGRAPH (A) OF THIS SUBDIVISION,  SHALL  CONDUCT  AT
 LEAST  ONE  SITE  VISIT  BETWEEN  FORTY-FIVE  AND THIRTY DAYS PRIOR TO A
 PRIMARY OR GENERAL ELECTION TO ADMINISTER TIMELY VOTER  REGISTRATION  BY
 ELIGIBLE  CITIZENS  AT  EACH CORRECTIONAL OR LOCAL CORRECTIONAL FACILITY
 FOR WHICH A POLLING PLACE WILL BE ESTABLISHED PURSUANT TO PARAGRAPH  (A)
 S. 6875--A                          3
 
 OF  THIS  SUBDIVISION  USING  BOARD  OF ELECTIONS ELECTRONIC TABLETS AND
 DIGITAL RESOURCES  WHEREVER  POSSIBLE  TO  EFFECTUATE  ELECTRONIC  VOTER
 REGISTRATION  IN  ACCORDANCE WITH SECTION 5-802 OF THIS TITLE, RESORTING
 TO PAPER FORMS ONLY IN EXTENUATING CIRCUMSTANCES OR WHERE EMPLOYING SUCH
 TABLETS AND DIGITAL RESOURCES WOULD BE IMPRACTICABLE.
   3.  PRIOR TO THE ESTABLISHMENT OF A POLLING PLACE PURSUANT TO SUBDIVI-
 SION ONE OR TWO OF THIS SECTION, THE BOARD OF ELECTIONS SHALL DEVELOP  A
 FACILITY  VOTER  ACCESS  PLAN  IN  CONSULTATION AND COOPERATION WITH AND
 COUNTERSIGNED BY THE FACILITY'S SUPERINTENDENT, ADMINISTRATOR OR  DIREC-
 TOR,  OR  THEIR  DESIGNATED  DEMOCRACY OFFICER OR AGENT. SUCH PLAN SHALL
 DESCRIBE THE DATES, TIMES, AND LOCATION OR LOCATIONS WHERE  REGISTRATION
 AND  VOTING  WILL  TAKE  PLACE;  THE  PROPOSED STAFFING LEVELS; ELECTION
 EQUIPMENT, MATERIALS, AND VOTING MACHINES TO BE DEPLOYED;  HOW  DETAINED
 CITIZENS  WILL  BE  INFORMED OF VOTER ELIGIBILITY; THE TECHNOLOGY, ELEC-
 TRICITY, AND CYBERSECURITY NEEDED TO EFFECTUATE  THE  PLAN;  AND  VOTING
 PROCEDURES,  SECURITY  MEASURES  AND  OTHER  CONSIDERATIONS  RELEVANT TO
 ENSURING SECURE AND ACCESSIBLE VOTER ACCESS FOR ELIGIBLE VOTERS  LOCATED
 AT  THE  FACILITY.  SUCH  PLAN  SHALL BE SUBMITTED TO THE STATE BOARD OF
 ELECTIONS NO LATER THAN NINETY DAYS PRIOR TO THE FIRST DAY OF VOTING 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
 THE FIRST DAY OF VOTING AND SHALL BE A PUBLIC RECORD.
   § 3. 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.
   § 4. 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
 S. 6875--A                          4
 
 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  CORRECTIONAL  FACILITIES  OR  LOCAL
 CORRECTIONAL  FACILITIES  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
 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
 S. 6875--A                          5
 
 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
 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.
 S. 6875--A                          6
 
   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. (A) WITH RESPECT TO CORRECTIONAL FACILITIES AND LOCAL CORRECTIONAL
 FACILITIES, AS SUCH TERMS ARE DEFINED IN SECTION TWO OF  THE  CORRECTION
 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  RESIDUAL
 DUTY  TO FACILITATE TIMELY VOTER REGISTRATION AND ABSENTEE BALLOT ACCESS
 PURSUANT TO SECTION 8-415 OF THIS TITLE SHALL STILL APPLY.    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.
   (B) EACH BOARD OF ELECTIONS SUBJECT TO PARAGRAPH (A) OF THIS  SUBDIVI-
 SION  SHALL  DEVELOP  A  FACILITY  VOTER ACCESS PLAN IN CONSULTATION AND
 COOPERATION WITH AND COUNTERSIGNED  BY  THE  FACILITY'S  SUPERINTENDENT,
 ADMINISTRATOR  OR  DIRECTOR,  OR  THEIR  DESIGNATED DEMOCRACY OFFICER OR
 AGENT. SUCH PLAN SHALL INCLUDE  WRITTEN  PROCEDURES  TO  ENSURE  ORDERLY
 ADMINISTRATION  OF THE ABSENTEE BALLOTING PROGRAM AT EACH SUCH FACILITY,
 IN A MANNER SUCH THAT ALL ELIGIBLE PERSONS HAVE AN EFFECTIVE OPPORTUNITY
 TO REGISTER AND VOTE. SUCH PROCEDURES SHALL  INCLUDE  THE  DELIVERY  AND
 RETRIEVAL  OF  ELECTRONIC  OR  PAPER  VOTER  REGISTRATION  FORMS, BALLOT
 REQUESTS, AND ABSENTEE BALLOTS; DESCRIBE THE DATES, TIMES, AND  LOCATION
 OR LOCATIONS WHERE REGISTRATION AND VOTING WILL TAKE PLACE; THE PROPOSED
 STAFFING  LEVELS; ELECTION EQUIPMENT, MATERIALS, AND ANY VOTING MACHINES
 TO BE DEPLOYED; HOW DETAINED CITIZENS WILL BE INFORMED OF  VOTER  ELIGI-
 BILITY;  THE TECHNOLOGY, ELECTRICITY, AND CYBERSECURITY NEEDED TO EFFEC-
 TUATE THE PLAN; AND PROCEDURES, SECURITY MEASURES  AND  OTHER  CONSIDER-
 ATIONS  RELEVANT  TO  ENSURING  SECURE  AND  ACCESSIBLE  VOTING  AT  THE
 FACILITY. THIS PLAN SHALL BE SUBMITTED TO THE STATE BOARD  OF  ELECTIONS
 NO  LATER THAN NINETY DAYS PRIOR TO THE FIRST ELECTION DAY IN WHICH SUCH
 FACILITY WILL 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,
 AND  SHALL BE A PUBLIC RECORD. THIS PARAGRAPH SHALL NOT APPLY TO FACILI-
 S. 6875--A                          7
 
 TIES WHERE A BOARD OF ELECTIONS ESTABLISHES A POLLING PLACE  IN  ACCORD-
 ANCE WITH SECTION 8-109 OF THIS ARTICLE.
   (C)  WITHOUT LIMITING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, IN PERFORMING  ITS
 OBLIGATIONS UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL:
   (I)  ENSURE  THE  ADEQUATE  RESOURCE  ALLOCATION  AND DEPLOYMENT, IN A
 MANNER CONSISTENT WITH THAT PROVIDED TO VOTERS WHO ARE NOT  DETAINED  OR
 CONFINED, OF ASSISTIVE DEVICES AND REASONABLE ACCOMMODATIONS FOR PERSONS
 WITH  DISABILITIES PURSUANT TO SECTION 4-104 OF THIS CHAPTER, AND INTER-
 PRETIVE  RESOURCES  AND  LANGUAGE-RELATED  ASSISTANCE  IN   VOTING   AND
 ELECTIONS PURSUANT TO SECTION 17-208 OF THIS CHAPTER AND IN COORDINATION
 WITH  THE  POLL SITE LANGUAGE ASSISTANCE PROGRAM PRESCRIBED BY PARAGRAPH
 (A) OF SUBDIVISION FOUR OF SECTION THIRTY-TWO HUNDRED TWO OF THE CHARTER
 OF THE CITY OF NEW YORK, TO THE EXTENT JUSTIFIED BY  THE  NEEDS  OF  THE
 VOTERS ACTUALLY DETAINED OR CONFINED;
   (II)  CONDUCT  AT  LEAST  ONE SITE VISIT BETWEEN FORTY-FIVE AND THIRTY
 DAYS PRIOR TO A PRIMARY OR GENERAL ELECTION TO ADMINISTER  TIMELY  VOTER
 REGISTRATION  AND  ABSENTEE  BALLOT  APPLICATION BY ELIGIBLE CITIZENS AT
 EACH SUCH FACILITY IN ACCORDANCE WITH SUBDIVISION THREE OF THIS  SECTION
 USING  BOARD OF ELECTIONS ELECTRONIC TABLETS AND DIGITAL RESOURCES WHER-
 EVER POSSIBLE TO EFFECTUATE ELECTRONIC VOTER REGISTRATION IN  ACCORDANCE
 WITH SECTION 5-802 OF THIS CHAPTER AND ELECTRONIC ABSENTEE BALLOT APPLI-
 CATION  IN  ACCORDANCE  WITH  SECTION  8-408 OF THIS TITLE, RESORTING TO
 PAPER FORMS ONLY IN EXTENUATING CIRCUMSTANCES OR  WHERE  EMPLOYING  SUCH
 TABLETS  AND DIGITAL RESOURCES WOULD BE IMPRACTICABLE, PROVIDED HOWEVER,
 THAT THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK  MAY  DISPENSE  WITH
 SUCH  SITE  VISIT  IF THE APPROVED WRITTEN PROCEDURES FOR VOTING AT SUCH
 FACILITY REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION EXPRESSLY AUTHOR-
 IZE AND DIRECT THE BOARD OF INSPECTORS ATTENDING SUCH FACILITY  PURSUANT
 TO  SUBDIVISION  THREE  OF  THIS SECTION TO CONDUCT AND PROCESS SAME-DAY
 VOTER REGISTRATION AND TO RECEIVE AND PROCESS SAME-DAY IN-PERSON  ABSEN-
 TEE  BALLOT  APPLICATIONS, INCLUDING, FOR APPLICANTS THAT ARE DETERMINED
 TO BE ENTITLED TO VOTE, DELIVERY OF THE APPLICABLE BALLOTS; AND
   (III)  ALLOCATE  AND  DEPLOY  SUFFICIENT  EQUIPMENT,  PERSONNEL,   AND
 RESOURCES  WHEN ATTENDING CORRECTIONAL FACILITIES AND LOCAL CORRECTIONAL
 FACILITIES WITHIN ITS JURISDICTION AT LEVELS THAT, IN CONSULTATION  WITH
 THE  STATE BOARD OF ELECTIONS, TAKE INTO ACCOUNT THE ESTIMATED NUMBER OF
 ELIGIBLE VOTERS, HISTORICAL DATA REGARDING THE TIME TAKEN  TO  CHECK  IN
 AND  PROCESS  VOTERS AT AN OFFICE OF THE BOARD OF ELECTIONS OR A POLLING
 PLACE, PUBLIC SAFETY AND SECURITY CONSIDERATIONS, THE DIVISION OF INCAR-
 CERATED INDIVIDUALS AMONG BUILDINGS, AND OTHER RELEVANT FACTORS.
   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.
   § 5. 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,
 S. 6875--A                          8

 DIRECTOR,  DESIGNATED  DEMOCRACY  OFFICER  OR  AGENT TO FACILITATE VOTER
 ACCESS BY ENSURING THAT ALL ELIGIBLE CITIZENS ARE PROVIDED  WITH  ACCESS
 TO  ELECTRONIC  PERSONAL  VOTER REGISTRATION PURSUANT TO THIS ARTICLE OR
 VOTER  REGISTRATION  BY APPLICATION WHICH SHALL BE PROCESSED PURSUANT TO
 SECTIONS 5-208 AND 5-210 OF THIS CHAPTER, AS APPLICABLE, AND, EXCEPT FOR
 COUNTY VOTERS DETAINED OR CONFINED AT A CORRECTIONAL FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY  AT  WHICH  A  POLLING  PLACE WILL BE ESTABLISHED
 PURSUANT TO SECTION 8-109 OF THIS ARTICLE, 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.
   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.
   3. WITHOUT LIMITING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK,  IN  PERFORMING
 ITS  OBLIGATIONS  UNDER  SUBDIVISION  ONE  OF THIS SECTION, SHALL DEPLOY
 INTERPRETIVE RESOURCES AND LANGUAGE-RELATED  ASSISTANCE  TO  ENSURE  ALL
 ELIGIBLE  INDIVIDUALS  HAVE AN EFFECTIVE OPPORTUNITY TO REGISTER TO VOTE
 AND APPLY FOR AN ABSENTEE BALLOT, TO THE EXTENT JUSTIFIED BY  THE  NEEDS
 OF THE VOTERS ACTUALLY DETAINED OR CONFINED.
   § 6. The election law is amended by adding a new section 3-507 to read
 as follows:
   §  3-507. FEDERAL CORRECTIONAL FACILITIES, VOTING AT. 1. EACH BOARD OF
 ELECTIONS AND THE BOARD OF ELECTIONS IN  THE  CITY  OF  NEW  YORK  SHALL
 EMPLOY  BEST  EFFORTS  TO  ENSURE  THAT THE ELIGIBLE PERSONS DETAINED OR
 CONFINED AT ANY FEDERAL CORRECTIONAL FACILITY LOCATED WITHIN THE  JURIS-
 DICTION  OF SUCH BOARD MAY HAVE AN EFFECTIVE OPPORTUNITY TO REGISTER AND
 VOTE IN A MANNER CONSISTENT WITH THE VOTER ACCESS PROGRAMS PRESCRIBED BY
 SECTIONS 8-109, 8-407, AND 8-415 OF THIS CHAPTER, RESPECTIVELY, AS WOULD
 BE APPLICABLE TO SUCH FACILITIES IF THOSE FACILITIES WERE LOCAL  CORREC-
 TIONAL FACILITIES OR CORRECTIONAL FACILITIES.
   2.  FOR  PURPOSES OF THIS SECTION, BEST EFFORTS SHALL INCLUDE A DIRECT
 ENGAGEMENT WITH THE LEADERSHIP OF A  FEDERAL  CORRECTIONAL  FACILITY  OR
 AGENT  OR  DEMOCRACY  OFFICER  THEREOF,  WHICH SHALL OCCUR NO LATER THAN
 FEBRUARY FIFTEENTH IN EACH EVEN YEAR.  SUCH  BIENNIAL  ENGAGEMENT  SHALL
 INCLUDE  A  WRITTEN  REQUEST  FOR  COORDINATION  AND  COOPERATION IN THE
 PROVISION AND FACILITATION OF VOTER ACCESS TO ELIGIBLE CITIZENS DETAINED
 OR CONFINED AT SUCH FACILITY FOR THE FORTHCOMING FEDERAL ELECTION CYCLE.
   3. THE PROVISION AND FACILITATION OF VOTER ACCESS TO ELIGIBLE CITIZENS
 UNDER THIS SECTION SHALL BE SUBJECT TO, AND  ADMINISTERED  PURSUANT  TO,
 WRITTEN  PROCEDURES  AGREED UPON BY A BOARD OF ELECTIONS AND THE LEADER-
 SHIP OF A FEDERAL CORRECTIONAL FACILITY WITHIN THE JURISDICTION OF  SUCH
 BOARD  OF  ELECTIONS  TO  ENSURE  ORDERLY ADMINISTRATION OF THE ABSENTEE
 BALLOTING PROGRAM AT SUCH FACILITY THAT IS APPROVED BY THE  STATE  BOARD
 OF ELECTIONS AT LEAST SIXTY DAYS BEFORE THEY SHALL BE EFFECTIVE.
   §  7. Subdivision 1 of section 17-208 of the election law, as added by
 chapter 226 of the laws of 2022, is amended to read as follows:
 S. 6875--A                          9
 
   1. Political subdivisions required to provide language  assistance.  A
 board of elections or a political subdivision that administers elections
 shall  provide  language-related assistance in voting and elections to a
 language-minority group in  a  political  subdivision,  OR  TO  CITIZENS
 BELONGING  TO  A LANGUAGE-MINORITY GROUP DETAINED OR CONFINED AT CORREC-
 TIONAL FACILITIES OR LOCAL CORRECTIONAL FACILITIES, if,  based  on  data
 from  the  American  community  survey,  or  data  of comparable quality
 collected by a public office, SUCH DATA INDICATES that:
   (a) more than two percent, but in no instance fewer than three hundred
 individuals, of the citizens of voting age of a  political  subdivision,
 OR  IN  THE  CITY  OF  NEW  YORK  THE CITIZENS OF VOTING AGE DETAINED OR
 CONFINED AT CORRECTIONAL FACILITIES OR  LOCAL  CORRECTIONAL  FACILITIES,
 are  members of a single language-minority group and are limited English
 proficient.
   (b) more than four thousand of the citizens  of  voting  age  of  such
 political  subdivision  are  members of a single language-minority group
 and are limited English proficient.
   (c) in the case of a political subdivision that contains  all  or  any
 part  of  a  Native  American  reservation, more than two percent of the
 Native American citizens of voting age within the Native American reser-
 vation are members of a single language-minority group and  are  limited
 English  proficient.  For the purposes of this paragraph, "Native Ameri-
 can" is defined to include any persons recognized by the  United  States
 census bureau or New York as "American Indian" or "Alaska Native".
   § 8. 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.
   § 9. 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],
 S. 6875--A                         10
 
 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 8-109, 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.
   §  10.  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
 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 THEMSELVES 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 8-109, IF APPLICABLE,
 8-406, 8-407, 8-415, AND 17-208 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  PROVIDING  TIMELY  CLEARANCE,  ACCESS,  AND  SECURITY  FOR  BOARD OF
 ELECTIONS PERSONNEL AND RESOURCES, AND MAKING AVAILABLE  TO  SUCH  BOARD
 SPACE  AND  REASONABLE  ACCOMMODATIONS  WITHIN  SUCH  FACILITY  FOR  THE
 S. 6875--A                         11
 
 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 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
 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] SUCH 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.
   § 11. 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
 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-
 S. 6875--A                         12
 
 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 THEMSELVES 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, 8-415 AND
 17-208 OF THE ELECTION LAW, THE SUPERINTENDENT OF EACH LOCAL CORRECTION-
 AL 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 PROVIDING TIMELY
 CLEARANCE, ACCESS, AND SECURITY FOR BOARD  OF  ELECTIONS  PERSONNEL  AND
 RESOURCES,  AND  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  COMMUNI-
 CATIONS 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  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 LOCAL CORRECTIONAL FACIL-
 ITY, BY COMMISSION OR OMISSION, INTENTIONALLY FRUSTRATES THE PURPOSES OF
 THIS SECTION. THIS SUBDIVISION SHALL NOT APPLY TO ANY FACILITY WHERE THE
 PERSONS DETAINED OR CONFINED AT SUCH FACILITY ARE EXCLUSIVELY 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] THEIR 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] THEIR 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.
   [2.]  5. Upon discharge or release from the custody of a local correc-
 tional facility, the  chief  administrative  officer  of  such  facility
 S. 6875--A                         13
 
 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.
   § 12. 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.
   § 13. Subdivision 9 of section 1057-a of the New York city charter, as
 amended  by  chapter  481  of  the  laws  of 2023, is amended to read as
 follows:
   9. In addition to the other requirements of this section, the  depart-
 ment of correction shall [implement and administer a program of distrib-
 ution and submission of early mail and absentee ballot applications, and
 subsequently  received  early  mail  or  absentee  ballots, for eligible
 incarcerated individuals. Such department shall offer, to all  incarcer-
 ated  individuals  who  are  registered to vote, early mail and absentee
 ballot applications, and a means to complete  them,  during  the  period
 from  sixty  days  prior to any primary, special, or general election in
 the city of New York until two weeks prior to any  such  election.  Such
 department  shall subsequently provide any early mail or absentee ballot
 received from the board of elections in response to any such application
 to the applicable  incarcerated  individual,  as  well  as  a  means  to
 complete it. Such department shall provide assistance to any such incar-
 cerated  individual  in  filling  out  such  application  or ballot upon
 request. Such department shall, not later than five days after  receipt,
 transmit  such  completed applications and ballots from any incarcerated
 individual who wishes to have them transmitted to the board of elections
 for the city of New York. The provisions of this subdivision  shall  not
 apply  in  any specific instance in which the department deems it unsafe
 to comply therewith] ASSIST, COORDINATE, AND COOPERATE WITH THE BOARD OF
 ELECTIONS IN DEVELOPING AND IMPLEMENTING  A  PLAN  TO  FACILITATE  VOTER
 ACCESS  FOR ALL PERSONS ELIGIBLE TO VOTE WHO ARE DETAINED OR CONFINED AT
 EACH FACILITY, IN ACCORDANCE WITH THE DEMOCRACY DURING DETENTION ACT.
   § 14. Subparagraph (a) of paragraph 4 of subdivision a of section 3202
 of the New York city charter, as added by section 2  of  question  2  of
 local  law  number  211  of  the  city  of New York for the year 2018 is
 amended to read as follows:
   (a) Subject to appropriation and after consultation with  the  mayor's
 office  of immigrant affairs and the department of city planning, estab-
 lish a  program  for  providing  language  interpreters  at  poll  sites
 throughout  New  York city for the purpose of facilitating participation
 by limited English proficient individuals in voting in elections held in
 the city, WHICH SHALL INCLUDE CORRECTIONAL FACILITIES AND LOCAL  CORREC-
 S. 6875--A                         14
 
 TIONAL  FACILITIES  LOCATED  IN THE CITY. To the extent practicable, the
 commission shall consult and coordinate with the board of  elections  of
 the  city  of  New  York  in  the  development and implementation of the
 program established pursuant to this paragraph.
   §  15. 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  17-208 of the election law made by section
 seven of this act shall take effect on the same date  and  in  the  same
 manner  as  chapter  226  of the laws of 2022, as amended, takes effect.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.

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Senate Bill S6875A

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

2023-S6875 - Details

2023-S6875 - Summary

2023-S6875 - Sponsor Memo

2023-S6875 - Bill Text download pdf

co-Sponsors

2023-S6875A (ACTIVE) - Details

2023-S6875A (ACTIVE) - Summary

2023-S6875A (ACTIVE) - Sponsor Memo

2023-S6875A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6875A

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Sponsored By

Zellnor Myrie

Current Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

Andrew Gounardes

Robert Jackson

2023-S6875 - Details

2023-S6875 - Summary

2023-S6875 - Sponsor Memo

2023-S6875 - Bill Text download pdf

co-Sponsors

Andrew Gounardes

Robert Jackson

2023-S6875A (ACTIVE) - Details

2023-S6875A (ACTIVE) - Summary

2023-S6875A (ACTIVE) - Sponsor Memo

2023-S6875A (ACTIVE) - Bill Text download pdf

Comments