Amd §§5-104, 5-106, 5-400 & 5-708, rpld §5-106 subs 2 - 5, §5-708 sub 2, El L; amd §75, Cor L
Relates to authorizing voting by incarcerated individuals in correctional facilities; requires the department of corrections and community supervision, in collaboration with the state and county boards of election, to establish a program to facilitate incarcerated individuals voter registration and voting.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4973
SPONSOR: Gibbs (MS) TITLE OF BILL:
An act to amend the election law and the correction law, in relation to
authorizing voting by incarcerated individuals in correctional facili-
ties; and to repeal certain provisions of the election law relating
thereto
PURPOSE OR GENERAL IDEA OF BILL::
This legislation would extend certain inmates in correctional facilities
the ability to vote in elections.
SUMMARY OF PROVISIONS::
Section 1 - Amends the election law as required.
Section 2 - Repeals certain parts of the election law as
required.Section 3 - Amends the election law as required.Section 4 -
Repeals certain parts of the election law as required.Section 5 - Amends
the election law as required.Section 6 - Amends the correction law as
required.Section 7 - Contains the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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JUSTIFICATION::
The African American and Latin-x citizens in our communities are the
predominant demographic targeted by the archaic law of disenfranchise-
ment, and preventing those with felony convictions from voting is a
maneuver to disempower black voters. If an incarcerated individual can
be counted as a whole person in the census, then why can't their vote be
counted in an election: All New Yorkers should be able to exercise their
foundational American right of voting, and their vote should count in
the county where they previously resided. This bill aims to help fight
felony disenfranchisement in New York State and facilitate an easier
transition back into society
PRIOR LEGISLATIVE HISTORY::
2023-24 A3999 (Gibbs) - referred to election law
2021-22 A699 (Rozic) - referred to election law
2020 A9862 (Rozic) - referred to election law
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
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EFFECTIVE DATE::
This act shall take effect 90 days after it has become a law.
STATE OF NEW YORK
________________________________________________________________________
4973
2025-2026 Regular Sessions
IN ASSEMBLY
February 10, 2025
___________
Introduced by M. of A. GIBBS, SAYEGH, LEVENBERG, FORREST, CRUZ,
BICHOTTE HERMELYN, TAYLOR, LUCAS, HYNDMAN, TAPIA, MITAYNES, MEEKS --
Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law and the correction law, in relation to
authorizing voting by incarcerated individuals in correctional facili-
ties; and to repeal certain provisions of the election law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 5-104 of the election law is amended by adding a
2 new subdivision 1-a to read as follows:
3 1-a. An incarcerated individual voting while incarcerated in a state
4 or local correctional facility shall be considered a resident of the
5 county, city, town and/or village such incarcerated individual resided
6 in prior to their incarceration.
7 § 2. Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law
8 are REPEALED and subdivision 6 is renumbered subdivision 2.
9 § 3. Subdivision 1 of section 5-400 of the election law, as amended by
10 chapter 659 of the laws of 1994, paragraph (a) as amended by chapter 3
11 of the laws of 2019, is amended and a new subdivision 1-a is added to
12 read as follows:
13 1. A voter's registration, including the registration of a voter in
14 inactive status, shall be cancelled if, since the time of [his] such
15 voter's last registration, [he] such voter:
16 (a) Moved [his or her] their residence outside the state.
17 (b) [Was convicted of a felony disqualifying him from voting pursuant
18 to the provisions of section 5-106 of this article.
19 (c)] Has been adjudicated an incompetent.
20 [(d)] (c) Refused to take a challenge oath.
21 [(e)] (d) Has died.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00819-01-5
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1 [(f)] (e) Did not vote in any election conducted by the board of
2 elections during the period ending with the second general election at
3 which candidates for federal office are on the ballot after [his] such
4 voter's name was placed in inactive status and for whom the board of
5 elections did not, during such period, in any other way, receive any
6 information that such voter still resides in the same county or city.
7 [(g)] (f) Personally requested to have [his] their name removed from
8 the list of registered voters.
9 [(h)] (g) For any other reason, is no longer qualified to vote as
10 provided in this chapter.
11 1-a. A voter's registration shall not be cancelled while such voter is
12 incarcerated in a state or local correctional facility.
13 § 4. Subdivision 2 of section 5-708 of the election law is REPEALED
14 and subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by chap-
15 ter 659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5 and
16 6.
17 § 5. Subdivision 3 of section 5-708 of the election law, as amended by
18 chapter 659 of the laws of 1994 and as renumbered by section four of
19 this act, paragraph a as amended by chapter 200 of the laws of 1996, is
20 amended to read as follows:
21 3. a. If a board of elections receives any notices pursuant to the
22 provisions of [subdivisions] subdivision two [and three] of this section
23 which set forth a residence address outside of the city or county of
24 such board's jurisdiction, it shall, at least once a month, transmit
25 such notices to the appropriate board of elections, or, if such address
26 is outside the state, to the state board of elections.
27 b. The state board shall arrange such notices and the names received
28 pursuant to the other provisions of this section by county of residence
29 and transmit such notices [and any notices of conviction for a felony
30 received from a United States attorney] to the appropriate board of
31 elections.
32 c. If any such notices, or names received pursuant to the other
33 provisions of this section, set forth a residence address outside New
34 York state, the state board shall transmit such notices to the chief
35 state election official of such state at such times and in such manner
36 as it deems appropriate.
37 § 6. Section 75 of the correction law, as amended by chapter 103 of
38 the laws of 2021, is amended to read as follows:
39 § 75. Notice of voting rights. 1. The department, in collaboration
40 with the state and county boards of election, shall establish a program
41 to facilitate incarcerated individuals voter registration and voting.
42 Such program shall include access and assistance with voter registration
43 forms and a mechanism for voting, including, but not limited to, absen-
44 tee ballots.
45 2. Prior to the release from a correctional facility of any person the
46 department shall [notify such person verbally and in writing, that his
47 or her voting rights will be restored upon release and] provide such
48 person with a form of application for voter registration and a declina-
49 tion form, offer such person assistance in filling out the appropriate
50 form, and provide such person written information distributed by the
51 board of elections on the importance and the mechanics of voting. Upon
52 release, such person may choose to either submit [his or her] their
53 completed application to the state board or county board where such
54 person resides or have the department transmit it on [his or her] their
55 behalf. Where such person chooses to have the department transmit the
56 application, the department shall transmit the completed application
A. 4973 3
1 upon such person's release to the state board or county board where such
2 person resides.
3 § 7. This act shall take effect on the ninetieth day after it shall
4 have become a law. Effective immediately, the addition, amendment and/or
5 repeal of any rule or regulation necessary for the implementation of
6 this act on its effective date are authorized to be made and completed
7 on or before such effective date.
