What's happening
This bill removes voting restrictions for individuals convicted of felonies, allowing them to vote upon release from incarceration.
Why it matters
Restores voting rights immediately upon release from prison,. removing previous barriers such as parole or probation completion—this could increase civic engagement and reintegration for formerly incarcerated individuals.
Eliminates automatic voter registration cancellation due to felony conviction,. preventing people from being purged from voter rolls solely because of their criminal record, which may reduce confusion and administrative burdens for both individuals and election officials.
Repeals outdated statutory language and sections,. simplifying the election law and potentially making it easier for citizens and officials to understand who is eligible to vote, supporting clearer and more consistent application.
Shifts the focus from punishment to participation,. signaling a change in how New York views reentry and the role of voting in rehabilitation, which may impact recidivism rates, community ties, and public perceptions of justice.
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Who cares
Headline styles
Restore Voting After Felonies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4793
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to qualifications of voters convicted of a felony; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law are REPEALED and subdivision 6 is renumbered subdivision 2.
§ 2. Subdivision 1 of section 5-400 of the election law, as amended by chapter 659 of the laws of 1994, paragraph (a) as amended by chapter 3 of the laws of 2019, is amended to read as follows:
1. A voter's registration, including the registration of a voter in inactive status, shall be cancelled if, since the time of his or her last registration, he or she:
(a) Moved his or her residence outside the state.
(b) [Was convicted of a felony disqualifying him from voting pursuant to the provisions of section 5-106 of this article.
(c)] Has been adjudicated an incompetent.
[(d)] (c) Refused to take a challenge oath.
[(e)] (d) Has died.
[(f)] (e) Did not vote in any election conducted by the board of elections during the period ending with the second general election at which candidates for federal office are on the ballot after his or her name was placed in inactive status and for whom the board of elections did not, during such period, in any other way, receive any information that such voter still resides in the same county or city.
[(g)] (f) Personally requested to have his or her name removed from the list of registered voters.
[(h)] (g) For any other reason, is no longer qualified to vote as provided in this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05907-02-9
S. 4793 2
§ 3. Subdivision 2 of section 5-708 of the election law is REPEALED and subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by chapter 659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5 and 6.
§ 4. This act shall take effect immediately; provided, however, that if chapter 3 of the laws of 2019 shall not have taken effect on or before such date then section two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2019 take effect.
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, in relation to qual- ifications of voters convicted of a felony; and to repeal certain provisions of such law relating thereto
Purpose or general idea of bill
To provide re-enfranchisement for voters with felony convictions.
Summary of specific provisions
Eliminates conviction for a felony as grounds for disqualification from voting.
Justification
Voting is a right, not a privilege, possessed by every American citizen 18 years and older, and protected by the constitution of the United States. The constitution denies voting rights only to non-citizens and individuals convicted of treason, although the tenth amendment allows states to set other reasonable standards of disqualification.
Beginning in the 1870s, felony disqualification was used by states to deny voting rights to newly freed slaves. Along with the Black Codes and extra legal obstacles, this practice denied an entire class of Americans the free exercise of their right to vote. Numerous Supreme Court deci- sions and the voting Rights Act of 1965 allowed African-Americans to fully realize their rights to vote. Consequently, black political repre- sentation multiplied all across America, from city halls to state legis- latures to the United States Congress.
Today, felony disenfranchisement remains a stain on the fabric of Ameri- can democracy. Felony offenders; serving prison sentences are under the care, custody and control of state and federal corrections officials. In New York state, over 124,000 citizens are currently denied their voting rights. Disenfranchisement falls particularly heavily on minorities; Latinos make up 33% of the disenfranchised while only making up 10.46% of the citizen voting age population. Moreover, due to disenfranchise- ment policy, it is estimated that over 15,000 veterans in New York state are currently banned from exercising their right to vote. Amnesty Inter- national has issued reports criticizing the American prison system. The State Assembly has held hearings on the conditions in state correctional facilities.
Restoration of voting rights to felony offenders will confer a sense of dignity and citizenship to persons we seek to punish for their crime and rehabilitate to rejoin society. Enhancing every American's right to vote is the true duty of patriotism.
Prior legislative history
2017-18: S3284 - REFERRED TO ELECTIONS 2015-16: S.1210/A.6320 - Referred to Elections 2013-14: S.2631 - Referred to Elections 2011-12: S.1732/A.4647 - Referred to Elections 2009-10: S.2287/A.2116 - Referred to Elections/Referred to Election Law 2007-08: S.3782/A.6281 - Referred to Elections 2005-06: S.1355/A.6183 - Referred to Elections
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.