NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4009A
SPONSOR: Gibbs TITLE OF BILL:
An act to amend the correction law, in relation to providing notice of
voting rights to persons released from local jails
PURPOSE OR GENERAL IDEA OF BILL:
Provides notice upon release from a local correctional facility of the
right to vote
SUMMARY OF PROVISIONS:
Section 1 amends Section 510 of the correction law by adding a new
subdivision 2. Section 2 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION:
Many people, including state and local officials, are confused as to
whether a person who has been through the criminal justice system has
lost the right to vote and, if so, when he or she regains voting rights.
Simply put, anyone who is not incarcerated for a felony conviction or on
parole for a felony conviction retains the right to vote. People
arrested have not lost the right to vote. Persons detained in jails
pre-trial have not lost the right to vote and can even vote by absentee
ballot while they are in jail. Persons convicted of misdemeanors never
lose their right to vote whether they are in jail, on probation or have
completed their supervision. In fact, anyone on probation is eligible to
vote. Even felons who have completed their parole supervision are eligi-
ble to vote. It is only persons incarcerated for a felony or on parole
for the conviction of a felony who have lost their right to vote.This
bill would require local correctional facilities to provide notice of
voting rights to persons being released so that such persons will know
whether and when they are eligible to vote, how to register to vote, and
have information about the mechanics and importance of voting.
PRIOR LEGISLATIVE HISTORY:
2021: (Rozic) - Third Reading
2019: A5321(Rozic)- Third Reading
2020:45321 A690(Rozic)- Third Reading
2018:A7674 (Rozic) - Third Reading
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
EFFECTIVE DATE:
This act shall take effect in ninety days.
STATE OF NEW YORK
________________________________________________________________________
4009--A
Cal. No. 79
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. GIBBS, EPSTEIN, LEVENBERG, KELLES, HYNDMAN,
DE LOS SANTOS, SIMONE, TAYLOR, FALL, ZACCARO, WEPRIN, BURDICK,
BICHOTTE HERMELYN, BORES, LEE, REYES, HEVESI, PRETLOW, CUNNINGHAM,
JEAN-PIERRE, HUNTER, LUCAS, TAPIA, CHANDLER-WATERMAN, ARDILA, COLTON,
WALLACE, SIMON, DICKENS, JACOBSON, BURGOS -- read once and referred to
the Committee on Correction -- advanced to a third reading, passed by
Assembly and delivered to the Senate, recalled from the Senate, vote
reconsidered, bill amended, ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the correction law, in relation to providing notice of
voting rights to persons released from local jails
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 510 of the correction law, as added by chapter 103
2 of the laws of 2021, is amended to read as follows:
3 § 510. Voting upon release. 1. Prior to the release from a local
4 correctional facility of any person convicted of a felony the chief
5 administrative officer shall notify such person verbally and in writing
6 that his or her voting rights will be restored upon release and provide
7 such person with a form of application for voter registration and a
8 declination form, offer such person assistance in filling out the appro-
9 priate form, and provide such person written information distributed by
10 the board of elections on the importance and the mechanics of voting.
11 Upon release, such person may choose to either submit his or her
12 completed application to the state board or county board where such
13 person resides or have the department transmit it on his or her behalf.
14 Where such person chooses to have the department transmit the applica-
15 tion, the chief administrative officer shall transmit the completed
16 application upon such person's release to the state board or county
17 board where such person resides.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02488-07-3
A. 4009--A 2
1 2. Upon discharge or release from the custody of a local correctional
2 facility, the chief administrative officer of such facility shall, in
3 consultation with the county board of elections, distribute to every
4 person eighteen years of age or older a written notice on the voting
5 rights of such person in the state of New York, including information on
6 the importance and mechanics of voting, when such person is or may
7 become eligible to vote, and offer to every such person a voter regis-
8 tration form; provided that, if an individual declines to accept a voter
9 registration form, the chief administrative officer shall maintain a
10 written record of such declination. Notice is not required for those
11 individuals being transferred to a different local correctional facili-
12 ty, individuals being transferred or released to the custody of a state
13 correctional facility or institution, or individuals being released to
14 the custody of a hospital or mental health institution for treatment.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law.
