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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 08, 2025 |
referred to elections |
Senate Bill S440
2025-2026 Legislative Session
Relates to voting rights and access for incarcerated individuals
download bill text pdfSponsored By
(D) 20th Senate District
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
Actions
co-Sponsors
(D) 26th Senate District
(D, WF) 31st Senate District
2025-S440 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2121
- 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
- Versions Introduced in 2023-2024 Legislative Session:
-
S6875, A9612
2025-S440 (ACTIVE) - 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.
2025-S440 (ACTIVE) - Sponsor Memo
BILL NUMBER: S440
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 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 balloting via a
poll site or absentee balloting for all such eligible 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 8-109 provides county election officials 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 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. This includes "Golden Day" (the final day to register to vote in New York) permitting eligible citizens to register and cast an affidavit ballot 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 detained or confined eligible citizens at Rikers or successor facilities. Election officials have the option to deploy a poll site during the first three days of t he early voting period for not less than 18 hours total (6 hours per day). This includes "Golden Day" permitting 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 elections. Section 3 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 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 residential 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 bipartisan absentee ballot collection program is modified for correctional facilities and local correctional facilities to eliminate the need for election officials to wait for 25 absentee ballot applica- tions 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 population thresh old in subdivi- sion 16 is triggered, the board of elections shall designate a biparti- san 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 registration and absentee balloting. This section also enhances intergovernmental cooperation between Elections and Corrections officials and basic recordkeeping, to ensure timely, fair, and effective voter access. The new subdivision 16 of Election Law § 8-407 creates a 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 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 cooperate with facility leadership to develop a compre- hensive facility voter access and security plan that written procedures for the 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. The program at each facility must be designed so that all eligible citizens have an effec- tive opportunity to register and vote. Local election officials have the discretion to decide to deploy bipartisan teams at correctional facili- ties below the population threshold. To account for the significant differences in scale and complexity in meeting the diverse needs of detained or confined eligible citizens in New York City, paragraph (b) of the new Election Law . 8-407(16) adds additional duties to the bipartisan absentee ballot collection 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 facilities in three principal ways: Paragraph (b)(i) requires the board to provide adequate assistive devices and reasonable accommodations that improve access to voting for persons with disabilities, and robust interpretive resources and language-related assistance in voting as required by the New York Voting Rights Act and in co ordination 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 resources 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 determinations must take into consideration the estimated number of eligible confined citizens to be served, data relating to the time needed for bipartisan teams to process voters, public safety and security considerations, the layout of build- ings at the facility, and 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 access 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 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 wit h 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 6 of the bill adds a new § 3-507 to the Election Law to author- ize coordination and cooperation agreements with amenable leadership of Federal correctional facilities, in order to provide eligible citizens detained or confined at Federal correctional facilities in New York State with effective access to voting. At the beginning of each Federal election year, each board of elections must employ best efforts to engage facility leadership with a proposal to offer voter registration and balloting at Federal correctional facilities within their jurisdic- tion, in a manner consistent with the programs the local election offi- cials are already offering at state and local correctional facilities within their jurisdiction (as prescribed by sections 8-109, 8-407, and 8-415 of the Election Law, respectively). To ensure orderly election administration and integrity, the procedures governing any such program must be agreed upon by the local election officials, the Federal facili- ty 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 prevalent 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 timely 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 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 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 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 11 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 12 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 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 Engagement Commis- sion's language assistance program for providing language interpreters at poll sites throughout New York city to correctional facilities and local correctional facilities, where warranted based on existing method- ology. 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 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 Initi- ative, Mass Incarceration: The Whole Pie 2023, March 2023, https://bitiv/3HPeZZ4 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 of minimum access that enhances and clarifies the residual duty on local officials to provide and facilitate 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. To account for the significant differences in scale and complexity in meeting the diverse needs of detained or confined eligible citizens 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 existing electronic and digital technology (as the default, with paper forms as the backup) to reduce barriers to voter registration and balloting caused by the circumstances of confinement. 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. The legislation also contem- plates extending the interlocking programs prescribed above for state and local 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 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: 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 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.
2025-S440 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
440
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. MYRIE, GOUNARDES, JACKSON -- read twice and ordered
printed, and when printed to be committed to the Committee on
Elections
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00107-02-5
S. 440 2
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)
OF THIS SUBDIVISION USING BOARD OF ELECTIONS ELECTRONIC TABLETS AND
S. 440 3
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
of, the department of mental hygiene or hospitals [or], facilities
S. 440 4
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
ACCOMMODATIONS FOR PERSONS WITH DISABILITIES AND INTERPRETIVE RESOURCES
S. 440 5
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. 440 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. 440 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. 440 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. 440 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. 440 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. 440 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. 440 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] 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
S. 440 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. 440 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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