Grants a convicted felon the right to register to vote at any election at such time that he is released from imprisonment on parole; includes state felony conviction, federal felony conviction and conviction in another state for a crime or offense which would constitute a felony under the laws of this state.
STATE OF NEW YORK
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1414
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. WRIGHT, O'DONNELL, GREENE -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to allowing certain
persons on parole the right to register and vote at any election
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 5-106 of the election law, as
2 amended by chapter 373 of the laws of 1978, is amended to read as
3 follows:
4 2. No person who has been convicted of a felony pursuant to the laws
5 of this state, shall have the right to register for or vote at any
6 election unless [he]: (i) such person shall have been pardoned or
7 restored to the rights of citizenship by the governor, or [his] (ii)
8 such person's maximum sentence of imprisonment has expired, or [he has
9 been discharged from parole. The governor, however, may attach as a
10 condition to any such pardon a provision that any such person shall not
11 have the right of suffrage until it shall have been separately restored
12 to him] (iii) such person is serving a term of parole and such person's
13 crime of conviction is one for which a merit time allowance is permitted
14 pursuant to section eight hundred three or eight hundred four of the
15 correction law.
16 § 2. Subdivision 3 of section 5-106 of the election law is amended to
17 read as follows:
18 3. No person who has been convicted in a federal court, of a felony,
19 or a crime or offense which would constitute a felony under the laws of
20 this state, shall have the right to register for or vote at any election
21 unless [he]: (i) such person shall have been pardoned or restored to the
22 rights of citizenship by the president of the United States, or [his]
23 (ii) such person's maximum sentence of imprisonment has expired, or [he
24 has been discharged from parole] (iii) such person is serving a term of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00391-01-9
A. 1414 2
1 parole and such person's crime of conviction is one for which a merit
2 time allowance would be permitted pursuant to section eight hundred
3 three or eight hundred four of the correction law.
4 § 3. Subdivision 4 of section 5-106 of the election law is amended to
5 read as follows:
6 4. No person who has been convicted in another state for a crime or
7 offense which would constitute a felony under the laws of this state
8 shall have the right to register for or vote at any election in this
9 state unless [he]: (i) such person shall have been pardoned or restored
10 to the rights of citizenship by the governor or other appropriate
11 authority of such other state, or [his] (ii) such person's maximum
12 sentence has expired, or [he has been discharged from parole] (iii) such
13 person is serving a term of parole and such person's crime of conviction
14 is one for which a merit time allowance would be permitted pursuant to
15 section eight hundred three or eight hundred four of the correction law.
16 § 4. This act shall take effect immediately.
