S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2121
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of A. WALKER, TAPIA, MEEKS, SHRESTHA, RAGA, SIMON --
   read once and referred to the Committee on Election Law
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00107-02-5
              

 A. 2121                             2
 
 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)
 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
 A. 2121                             3
 
 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
 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
 A. 2121                             4
 
 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
 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
 A. 2121                             5
 
 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.
   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
 A. 2121                             6
 
 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-
 TIES WHERE A BOARD OF ELECTIONS ESTABLISHES A POLLING PLACE  IN  ACCORD-
 ANCE WITH SECTION 8-109 OF THIS ARTICLE.
 A. 2121                             7
 
   (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,
 DIRECTOR,  DESIGNATED  DEMOCRACY  OFFICER  OR  AGENT TO FACILITATE VOTER
 ACCESS BY ENSURING THAT ALL ELIGIBLE CITIZENS ARE PROVIDED  WITH  ACCESS
 A. 2121                             8

 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:
   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
 A. 2121                             9
 
 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],
 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
 A. 2121                            10
 
 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
 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,
 A. 2121                            11
 
 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-
 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
 A. 2121                            12
 
 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] THEIR behalf. Where such person chooses to have the
 department 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
 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-
 A. 2121                            13
 
 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-
 TIONAL  FACILITIES  LOCATED  IN THE CITY. To the extent practicable, the
 commission shall consult and coordinate with the board of  elections  of
 A. 2121                            14
 
 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.