What's happening
This bill clarifies that individuals whose maximum sentence has expired or who have been discharged from parole can vote by absentee ballot in New York.
Why it matters
Expands clarity and access to voting rights. By explicitly stating that individuals whose maximum sentence has expired or who have been discharged from parole can vote by absentee ballot, the bill helps remove confusion and barriers for people reentering society after incarceration.
Reduces administrative uncertainty. The amended language on absentee ballot statements standardizes the criteria across multiple election-related laws, making it easier for election officials to determine voter eligibility and for applicants to understand their rights.
Addresses stigma and supports reintegration. Providing a clear pathway to absentee voting for formerly incarcerated individuals can help reduce civic exclusion, supporting rehabilitation and reintegration by affirming their status as full participants in democracy.
Prevents disenfranchisement due to technicalities. By specifying eligibility based on sentence completion or parole discharge, the bill aims to prevent eligible voters from being wrongly denied absentee ballots because of ambiguous or outdated legal language.
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Who cares
Headline styles
Restore Voting After Sentence
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.526
- Referred to education
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
In Assembly Committee · Election Law · Sponsor Jeffrion Aubry
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7529
IN SENATE
January 23, 2020
Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law and the town law, in relation to clarifying that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph b of subdivision 5 of section 2018-a of the education law, as amended by section 8 of part LL of chapter 56 of the laws of 2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at least eighteen years of age, on the date of the school district election; that I will have been a resident of this state and of the school district and school election district, if any, shown on the reverse side of this envelope for thirty days next preceding the said election and duly registered in the school district and school election district, if any, shown on the reverse side of this envelope and that I am or on such date will be, a qualified voter of said school district; that I will be unable to appear personally on the day of said school district election at the polling place of the said district in which I am or will be a qualified voter because of the reason stated on my application heretofore submitted; that I have not qualified, or do I intend to vote, elsewhere than as set forth on the reverse side of this envelope; that I have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another to be paid or used, any money or other valuable thing, as a compensation or reward for the giving or withholding of a vote at this school district election, and have not made any promise to influence the giving or withholding of any such votes; that I
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08110-01-9
S. 7529 2
have not made or become directly or indirectly interested in any bet or wager depending upon the result of this school district election; and that I have not been convicted of bribery or any infamous crime, or, if so convicted, that I have been pardoned or restored to all the rights of a citizen, without restriction as to the right of suffrage, or received a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law removing my disability to register and vote or my maximum sentence of imprisonment has expired or I have been discharged from parole.
I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the foregoing statement of absentee voter, I shall be guilty of a misdemeanor.
Date.....................Signature of Voter ..........................
§ 2. Paragraph b of subdivision 6 of section 2018-b of the education law, as amended by section 9 of part LL of chapter 56 of the laws of 2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at least eighteen years of age on the date of the school district election; that I will have been a resident of this state and of the school district and school election district, if any, shown on the reverse side of this envelope for thirty days next preceding the said election and that I am or on such date will be, a qualified voter of said school district; that I will be unable to appear personally on the day of said school district election at the polling place of the said district in which I am or will be a qualified voter because of the reason stated on my application heretofore submitted; that I have not qualified, or do I intend to vote, elsewhere than as set forth on the reverse side of this envelope; that I have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another to be paid or used, any money or other valuable thing, as a compensation or reward for the giving or withholding of a vote at this school district election, and have not made any promise to influence the giving or withholding of any such votes; that I have not made or become directly or indirectly interested in any bet or wager depending upon the result of this school district election; and that I have not been convicted of bribery or any infamous crime, or, if so convicted, that I have been pardoned or restored to all the rights of a citizen, without restriction as to the right of suffrage, or have received a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law removing my disability to vote or my maximum sentence of imprisonment has expired or I have been discharged from parole.
I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the foregoing statement of absentee voter, I shall be guilty of a misdemeanor.
S. 7529 3
Date....................Signature of Voter ...........................
§ 3. Paragraph b of subdivision 5 of section 84-a of the town law, as amended by section 10 of part LL of chapter 56 of the laws of 2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for thirty days, and will be at least eighteen years of age, on the date of the special town election; that I will have been a resident of this state and of the town shown on the reverse side of this envelope for thirty days next preceding the said election; that I am or on such date will be, a registered voter of said town; that I will be unable to appear personally on the day of said special town election at the polling place of the election district in which I am or will be a qualified voter because of the reason stated on my application heretofore submitted; that I have not qualified, or do I intend to vote, elsewhere than as set forth on the reverse side of this envelope; that I have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another to be paid or used, any money or other valuable thing, as a compensation or reward for the giving or withholding of a vote at this special town election, and have not made any promise to influence the giving or withholding of any such votes; that I have not made or become directly or indirectly interested in any bet or wager depending upon the result of this special town election; and that I have not been convicted of bribery or any infamous crime, or, if so convicted, that I have been pardoned or restored to all the rights of a citizen, without restriction as to the right of suffrage, or received a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law removing my disability to register and vote or my maximum sentence of imprisonment has expired or I have been discharged from parole.
I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the foregoing statement of absentee voter, I shall be guilty of a misdemeanor.
Date.............. Signature of Voter..................
§ 4. Paragraph b of subdivision 5 of section 175-b of the town law, as amended by section 11 of part LL of chapter 56 of the laws of 2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for thirty days, and will be at least eighteen years of age, on the date of the district election; that I will have been a resident of this state and of the district if any, shown on the reverse side of this envelope for thirty days next preceding the said election and that I am or on such date will be, a registered voter of said district; that I will be unable to appear personally on the day of said district election at the polling place of the said district in which I am or will be a qualified voter because of the reason stated on my application heretofore submitted; that I have not qualified, or do I intend to vote, elsewhere than as set forth on the reverse side of this envelope; that I have not
S. 7529 4
received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another to be paid or used, any money or other valuable thing, as a compensation or reward for the giving or withholding of a vote at this district election, and have not made any promise to influence the giving or withholding of any such votes; that I have not made or become directly or indirectly interested in any bet or wager depending upon the result of this district election; and that I have not been convicted of bribery or any infamous crime, or, if so convicted, that I have been pardoned or restored to all the rights of a citizen, without restriction as to the right of suffrage, or received a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law removing my disability to register and vote or my maximum sentence of imprisonment has expired or I have been discharged from parole.
I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the foregoing statement of absentee voter, I shall be guilty of a misdemeanor.
Date..............Signature of Voter..................
§ 5. Paragraph b of subdivision 5 of section 213-b of the town law, as amended by section 12 of part LL of chapter 56 of the laws of 2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for thirty days, and will be at least eighteen years of age, on the date of the district election; that I will have been a resident of this state and of the district if any, shown on the reverse side of this envelope for thirty days next preceding the said election and that I am or on such date will be, a registered voter of said district; that I will be unable to appear personally on the day of said district election at the polling place of the said district in which I am or will be a qualified voter because of the reason stated on my application heretofore submitted; that I have not qualified, or do I intend to vote, elsewhere than as set forth on the reverse side of this envelope; that I have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another to be paid or used, any money or other valuable thing, as a compensation or reward for the giving or withholding of a vote at this district election, and have not made any promise to influence the giving or withholding of any such votes; that I have not made or become directly or indirectly interested in any bet or wager depending upon the result of this district election; and that I have not been convicted of bribery or any infamous crime, or, if so convicted, that I have been pardoned or restored to all the rights of a citizen, without restriction as to the right of suffrage, or received a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law removing my disability to register and vote or my maximum sentence of imprisonment has expired or I have been discharged from parole.
I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make any material
S. 7529 5
false statement in the foregoing statement of absentee voter, I shall be guilty of a misdemeanor.
Date............. Signature of Voter ..............................
§ 6. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law and the town law, in relation to clar- ifying that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired
Purpose
This legislation makes conforming changes to the education law and the town law to ensure that the "statement of the absentee voter" printed on an absentee ballot envelope is consistent with the existing election law provision regarding the ability of a person to vote once they have completed their maximum sentence of imprisonment or have been discharged from parole.
Summary of provisions
Sections 1 and 2 of the bill make conforming changes to section 2018-a of the education law to ensure that the "statement of absentee voter" printed on the absentee ballot envelope consistent with existing election law which provides that a person convicted of a felony and incarcerated may vote once they have completed their maximum sentence of imprisonment Or have been discharged from parole,
Sections 3, 4 and 5 of the bill make conforming changes to the town law to ensure that the "statement of absentee voter" printed on the absentee ballot envelope is consistent with existing election law which provides that a person convicted of a felony and incarcerated may vote once they have completed their maximum sentence of imprisonment or have been discharged from parole.
Section 6 of provides that the bill shall take effect immediately.
Justification
Election law § 5-106(2) provides that a person convicted of a felony and incarcerated is not eligible to vote. However, such person's right to vote is automatically restored once they have completed their maximum sentence of imprisonment, However, the "statement of absentee voter" printed on the envelope of the absentee ballot pursuant to the education law and town law is confusing because it is not consistent with § 5-106 of the election law. Therefore, this hill amends the education law and town law by adding the language from § 5-105 of the election law to clarify that a person can vote once their maximum sentence of imprison- ment has expired or have been discharged from parole.
Legislative history
A.2871 01/06/15 referred to election law A.2871 02/08/16 REFERRED TO EDUCATION A.2871 A10889 (2008) advanced to third reading A.5190A (2010) was held in Election Law committee. A.9661 passed assembly and was delivered to senate and referred to senate rules committee in 2012. A.3394 was referred to education in 2013 and 2014.
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.