Relates to voting and registration for voting by convicted felons; may vote if pardoned, such persons maximum sentence of imprisonment has expired, or such person is serving a term of parole, presumptive release, conditional release or post-release supervision.
STATE OF NEW YORK
________________________________________________________________________
2445
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. O'DONNELL, CLARK -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law and the executive law, in relation to
voting by convicted felons
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, presumptive
13 release, conditional release or post-release supervision.
14 § 2. Subdivision 3 of section 5-106 of the election law is amended to
15 read as follows:
16 3. No person who has been convicted in a federal court, of a felony,
17 or a crime or offense which would constitute a felony under the laws of
18 this state, shall have the right to register for or vote at any election
19 unless [he]: (i) such person shall have been pardoned or restored to the
20 rights of citizenship by the president of the United States, or [his]
21 (ii) such person's maximum sentence of imprisonment has expired, or [he
22 has been discharged from parole] (iii) such person is serving a term of
23 parole, presumptive release, conditional release or post-release super-
24 vision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00082-01-9
A. 2445 2
1 § 3. Subdivision 4 of section 5-106 of the election law is amended to
2 read as follows:
3 4. No person who has been convicted in another state for a crime or
4 offense which would constitute a felony under the laws of this state
5 shall have the right to register for or vote at any election in this
6 state unless [he]: (i) such person shall have been pardoned or restored
7 to the rights of citizenship by the governor or other appropriate
8 authority of such other state, or [his] (ii) such person's maximum
9 sentence has expired, or [he has been discharged from parole] (iii) such
10 person is serving a term of parole, presumptive release, conditional
11 release or post-release supervision.
12 § 4. Section 259-a of the executive law is amended by adding a new
13 subdivision 6-b to read as follows:
14 6-b. The division shall have the duty to provide voter registration
15 forms to every person on parole, presumptive release, conditional
16 release or post-release supervision at the time such person is released
17 to supervision or as soon thereafter as practicable.
18 § 5. This act shall take effect immediately, provided, however, that
19 section four of this act shall take effect on the one hundred twentieth
20 day after it shall have become a law.
