Relates to absentee voting by inmates convicted of non-violent felonies

BILL NUMBER:A10480

Title of bill

An act to amend the correction law and the election law, in relation to absentee voting by inmates convicted of non-violent felonies

Purpose or general idea of bill

To restore incarcerated, non-violent felony offenders right to register and vote in elections based on their last known address prior to incar- ceration.

Summary of specific provisions

Section 1. The correction law is amended by adding a new section 510. This section will allow inmates that are non-violent felony offenders the right to register to vote and participate in elections through absentee ballots.

Sections 2-7 amend the election law by providing non-violent felony offenders the ability to vote in elections based on their last known address prior to incarceration.

Justification

The Brennan Center for Justice released a report titled, "Jim Crow in New York," which traced the history of New York's felony disenfranchise- ment law and revealed that its roots are firmly planted in some of the most discriminatory voting barriers to exist in our country. The report clarifies that Jim Crow laws were not confined to the South. In fact, during the 18th century, New York's election laws clearly followed the national narrative. New York's criminal disenfranchisement provision followed a concerted effort to exclude African-Americans from partic- ipating in the political process.

Today, the voting bar in our State's constitution is nearly identical to the one enacted 140 years ago. And these discriminatory laws continue to have their intended effect, with African-Americans and Latinos repres- enting 80 percent of those currently disenfranchised in New York. This bill would remove this shameful barrier from a by-gone era by restoring the right to vote and register for elections to incarcerated, non-viol- ent felony offenders. With this measure, New York will begin the process of removing the discriminatory voting barriers established during the Jim Crow era.

Voting is a right of American citizenship and should not be subject to governmental caprice. By removing the ability to vote for incarcerated, non-violent offenders, we prevent these persons from having a say in who represents them in local, state and federal offices once they are released from prison. This legislation would correct this injustice by restoring their constitutional right to vote.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rules or regulation neces- sary for the implementation of this act on its effective date is author- ized and directed to be made and completed on or before such effective date.