What's happening
This bill restores voting rights to individuals convicted of felonies in New York upon their release from incarceration.
Why it matters
Removes waiting periods for voting rights restoration. The bill eliminates the previous requirements that people with felony convictions wait until the expiration of parole, completion of maximum sentence, or receipt of a pardon before regaining the right to vote—restoring voting rights immediately upon release from incarceration.
Expands eligibility across jurisdictions. The bill ensures that individuals convicted in federal courts or other states regain their voting rights in New York as soon as they are released from incarceration, providing consistency regardless of where the conviction occurred.
Mandates proactive notification and registration support. Correctional facilities and supervising agencies are required to inform individuals of their restored voting rights upon release, and to provide voter registration forms and information about how to vote, which can help boost civic participation and awareness among formerly incarcerated individuals.
Targets barriers to reintegration. By restoring voting rights and facilitating registration immediately upon release, the bill aims to reduce obstacles to full societal reintegration, promote civic engagement, and address racial and social disparities historically associated with felony disenfranchisement.
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Who cares
Headline styles
Restore Voting Rights After Prison
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to elections
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Restore Voting After Prison
Assembly Floor Calendar · Sponsor Daniel O'Donnell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
960
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sens. COMRIE, MONTGOMERY, PARKER, PERKINS, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law and the correction law, in relation to voting by convicted felons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 5-106 of the election law, as amended by chapter 373 of the laws of 1978, is amended to read as follows:
2. No person who has been convicted of a felony and sentenced to a period of imprisonment for such felony pursuant to the laws of this state, shall have the right to register for or vote at any election unless he [shall have been pardoned or restored to the rights of citizenship by the governor, or his maximum sentence of imprisonment has expired, or he has been discharged from parole. The governor, however, may attach as a condition to any such pardon a provision that any such person shall not have the right of suffrage until it shall have been separately restored to him] or she has been released from incarceration for such felony or released from serving a time assessment pursuant to subparagraph (x) of paragraph (f) of subdivision three of section two hundred fifty-nine-i of the executive law.
§ 2. Subdivision 3 of section 5-106 of the election law is amended to read as follows:
3. No person who has been convicted in a federal court, of a felony, or a crime or offense which would constitute a felony under the laws of this state, and sentenced to a period of imprisonment for such felony, shall have the right to register for or vote at any election unless he [shall have been pardoned or restored to the rights of citizenship by the president of the United States, or his maximum sentence of imprisonment has expired, or he has been discharged from parole] or she has been
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00170-01-7
S. 960 2
released from incarceration for such felony or released from serving a time assessment pursuant to a violation of parole supervision under federal jurisdiction.
§ 3. Subdivision 4 of section 5-106 of the election law is amended to read as follows:
4. No person who has been convicted in another state for a crime or offense which would constitute a felony under the laws of this state and sentenced to a period of imprisonment for such felony, shall have the right to register for or vote at any election in this state unless he shall have been pardoned or restored to the rights of citizenship by the governor or other appropriate authority of such other state, or his maximum sentence has expired, or he [has been discharged from parole] or she has been released from incarceration for such felony or released from serving a time assessment for a violation of parole supervision under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.
§ 4. Section 75 of the correction law, as amended by section 18 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
§ 75. Notice of voting rights. Upon the [discharge] release from a correctional facility of any person [whose maximum sentence of imprisonment has expired or upon a person's discharge from community supervision,] the department shall notify such person of his or her right to vote and provide such person with a form of application for voter registration together with written information distributed by the board of elections on the importance and the mechanics of voting.
§ 5. The correction law is amended by adding a new section 510 to read as follows:
§ 510. Voting upon release. Upon the release from a local correctional facility of any person convicted of a felony the chief administrative officer shall notify such person of his or her right to vote and provide such person with a form of application for voter registration together with written information distributed by the board of elections on the importance and the mechanics of voting.
§ 6. The department of corrections and community supervision shall notify each person serving a period of community supervision on the effective date of this act of his or her right to vote and provide such person with a form of application for voter registration together with written information distributed by the board of elections on the importance and the mechanics of voting.
§ 7. This act shall take effect immediately, provided, however, that sections four, five, and six of this act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law and the correction law, in relation to voting by convicted felons
Purpose
This bill would restore voting rights to parolees, to facilitate community reintegration and participation in the civic process, rather than requiring a parolee to wait until he or she has been discharged from parole or reached the maximum expiration date of the sentence.
Summary of provisions
Section one of the bill amends subdivision two of section 5-106 of the Election Law to restore voting rights to individuals who have been released to community supervision from New York state sentences imposed because of New York felony convictions. Election Law § 5-106(2) bars a person convicted of a New York felony from voting or registering to vote, and also, as currently drafted, restores voting rights when the person is either discharged from parole or reaches the maximum expiration date of his or her sentence. This bill would restore voting rights while the person is serving the community supervision portion of the sentence, so that he or she can exercise the civic responsibility of voting. Sections two and three of the bill make similar changes to subdivisions three and four of EL5S-106, which deal respectively with federal felony convictions and felony convictions in other states.
Section 4 of the bill requires the Division of Parole to make voter registration forms available to parolees.
Section 5 of the bill is the effective date.
Justification
Under current law, a felony conviction imposes a variety of disabilities, including a bar to voting, and the voting bar may be removed only by discharge from, or completion of, the sentence as provided in the Election Law, or by issuance of a certificate of relief from disabilities or a certificate of good conduct under Article 23 of the Correction Law. Certificates of relief and good conduct may be issued to relieve eligible offenders of a variety of different disabilities, and may be specifically limited to one or more enumerated forfeiture, disability or bar. See Correction Law § 5 701(1), 703-a(1). However, these certificates are not issued automatically, even for the limited purpose of restoring voting rights, and some releasees supervised by the Division of Parole may not be eligible for certificates of good conduct until they meet statutory waiting periods. Thus, many, if not most, releasees cannot vote until after their periods of community supervision are over. Parole is meant to help prevent recidivism and to rehabilitate and reinitiate a felon back into society. This rehabilitation is built on the offender's recognition of fault, taking responsibility for his or her behavior, and his or her effort to change. Preventing releasees from voting, and from exercising a constitutional right and a civic responsibility, is a barrier to full reintegration into society. It also continues to punish people who have already served the incarcerative parts of their sentences and that part of their debt to society.
Legislative history
2015-16: S/2023/A.7634 referred to Elections Committee; ordered to third reading in Assembly.
Fiscal implications
None to the state
Effective date
This act shall take effect immediately, except that section 4 shall take effect 120 days after becoming law, to give the Division of Parole time to implement section 4.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.