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A04009 Summary:

COSPNSREpstein, 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, Peoples-Stokes
Amd 510, Cor L
Relates to providing notice of voting rights to persons released from local jails.
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A04009 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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.
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A04009 Text:

                STATE OF NEW YORK
                                                                 Cal. No. 79
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2023
        Introduced  by  M.  of  A.  GIBBS,  EPSTEIN, LEVENBERG, KELLES, HYNDMAN,
          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.

        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.
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