Creates the voting rights notification and registration act; repealer

Summary of specific provisions

SECTION 1 of the bill contains the short title.

SECTION 2 of the bill amends the opening paragraph and subdivisions 2, 4, 5, 8, 12, 13 and 14 of section 5-211 of the election law to add local probation departments and the division of probation and correctional alternatives (when providing direct probation supervision services) to the list of local and state agencies that must offer voter registration forms and assistance with such forms 70 their clients.

SECTION 3 of the bill amends section 220.50 of criminal procedure law to require that a court, prior to accepting a plea of guilty to a felony. for which it will impose a period of imprisonment, advise the defendant on the record that a conviction will result in the loss of the right to vote until the defendant has served the maximum sentence of imprisonment or been discharged from parole.

SECTION 4 of the bill amends section 380.51 of the criminal procedure law to require that a court, prior to imposing a sentence of imprisonment for a felony conviction, advise the defendant on the record that a conviction will result in the loss of the right to vote until the defendant has served the maximum sentence of imprisonment or been discharged from parole.

SECTION 5 of the bill amends section 510 of the correction law to require that, upon intake or orientation, a local correctional facility must inform an inmate in writing of his or her right to register to vote. The facility must also post a prominent notice informing all inmates of such right and that there is assistance available to do so. A local correctional faculty would be required to provide the same assistance regarding voting rights as do many other local and state entities local correctional facility shall also provide each inmate, at least 30 days before any primary or general election, with written instructions about absentee voting and shall make absentee ballot applications available to all inmates, including chose temporarily absent from such facility.

SECTION 6 of the bill adds section 75 to the correction law to require the department of correctional services and, subject to their agreement, federal correctional institutions in New York, to inform an

inmate, who has reached his or her maximum sentence of imprisonment for a felony conviction, of his or her right to vote upon discharge. The department shall also provide such inmate with a voter registration form, instructions from the board of elections and assistance in registering to vote similar to that provided by many local and state entities. The department and, subject to their agreement, federal correctional institutions in New York, are also required, on or before the fifteenth of each month, to transmit to the state board of elections a list of persons who have become eligible to vote because of their discharge from incarceration with their relevant information.

SECTION 7 of the bill adds section 259-jj to the executive law to require the division of parole to inform an inmate, who has been discharged from presumptive release, parole or conditional release, or who has reached his or her maximum sentence of imprisonment while under the supervision of the division of parole, of his or her right to vote upon discharge. The division, shall also provide such inmate with a voter registration form, instructions from the board of elections and assistance in registering to vote similar to chat provided by many local and state entities. The division is also required, on or before the fifteenth of each month, to transmit to the state board of elections a list of persons who have become eligible to vote because of their discharge from presumptive release, parole or conditional release, or the expiration of their maximum sentence of imprisonment while under the supervision of the division of parole with their relevant information.

SECTION 8 of the bill amends section 5-614 of the election law to require the state board of elections to transmit information from the department of corrections and the division of parole, regarding those persons who are eligible to vote, to the local boards of elections at least once a month and within 3 days of receipt of such information. Local boards shall, within 10 days of receipt of such information, use it to remove any remaining barriers to registration, including electronic codes or other indications of non-eligible status. Local boards shall also review any registration forms that were rejected after the effective date of this act and before the receipt of the information provided by the department of corrections or division of parole to ensure that all persons eligible no vote have been registered and notified of such registration.

SECTION 9 of the bill adds section 3-102-a to the election law to require the state board of elections to cake several steps to ensure that attorneys, judges, election officials, corrections officials, including parole ant probation officers, and members of the public are aware of the requirements of this act.

SECTION 10 of the bill contains the effective date.

Justification

Current law restores an inmate's ability to vote once they have served their prison term and are discharged from parole. New Yorkers who are serving probation are not restricted at all in their ability to cast a ballot.

Surveys show that formerly incarcerated individuals and individuals who are serving probationary sentences do not understand these rules, and are afraid to exercise to participate in their democracy. Further complicating the problem, surveys by the Brennan Center have shown that nearly half of the county election boards don't understand the rules regarding voter eligibility in these areas. Advocates for full enfranchisement have worked with these county boards, conducting trainings, providing materials and other information to try to protect the rights of formerly incarcerated individuals and those serving probationary sentences. These efforts have not solved the problem.

This bill is necessary in order to ensure that all eligible voters in New York State are informed of the proper status of their constitutionally protected right to vote. This bill creates a mechanism whereby the misinformation surrounding the voting rights of convicted felons will be addressed. The franchise is the most cherished of American rights. Our commitment to former inmates that they can and should vote is an important signal to them that we expect them to be fully reintegrated into society.

Legislative history

2009: S.1266- Died in the Senate 2006: S.8489- Died in Committee 2005: S.2017- Died in Committee

Fiscal implications

None.

Effective date

Ninety days after it shall have become law.