Relates to voting rights and access for incarcerated individuals; authorizes polling places to be available at correctional facilities and local facilities; requires such facilities to provide persons detained or confined in such facilities access to register to vote or apply for an absentee ballot; requires voting information to be included in the inmate handbook.
STATE OF NEW YORK
________________________________________________________________________
2121
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. WALKER, TAPIA, MEEKS, SHRESTHA, RAGA, SIMON --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, the correction law and the New York
city charter, in relation to voting rights and access for incarcerated
individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Democracy
2 During Detention Act".
3 § 2. The election law is amended by adding a new section 8-109 to read
4 as follows:
5 § 8-109. Polling places at correctional facilities and local correc-
6 tional facilities. 1. For purposes of facilitating voting by residents
7 of correctional facilities and local correctional facilities, as such
8 terms are defined in section two of the correction law, the board of
9 elections of each county may establish by majority vote, in lieu of the
10 absentee balloting program set forth in subdivisions one through fifteen
11 of section 8-407 of this article, a polling place at any such facility
12 for at least three hours of operation beginning the tenth day prior to
13 any general, primary, run-off primary pursuant to subdivision one of
14 section 6-162 of this chapter or special election for any public or
15 party position, and ending on and including the ninth day prior to such
16 general, primary, run-off primary or special election for such public
17 office or party position. Any such polling place shall be established
18 in compliance with the early voting provisions of paragraphs (d) and (e)
19 of subdivision four and subdivisions five through eleven of section
20 8-600 of this article, section 8-604 of this article regarding registra-
21 tion during early voting, and subdivision one-a of section 4-104 of this
22 chapter. Voter access to polling places established pursuant to this
23 section shall be restricted to voters detained or confined at such
24 facility or related facilities and voters who are employees of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00107-02-5
A. 2121 2
1 facilities, who are registered to vote in the county where such facility
2 is located. All other eligible voters who are detained or confined at
3 such facility or who are employees of such facility shall be provided
4 with voter registration forms and absentee ballot applications pursuant
5 to section 8-415 of this article. The establishment of polling places
6 under this section shall be in addition to, and shall not diminish, the
7 minimum quantity of early voting locations required by subdivision two
8 of section 8-600 of this article, nor shall the fact of such establish-
9 ment alter or prejudice the application of the equitable siting factors
10 therein. The board of elections shall establish procedures or apply
11 procedures established for early voting, subject to approval of the
12 state board of elections, to ensure that persons who vote during the
13 early voting period shall not be permitted to vote subsequently in the
14 same election.
15 2. (a) For purposes of facilitating voting by residents of correction-
16 al facilities and local correctional facilities, as such terms are
17 defined in section two of the correction law, the board of elections in
18 the city of New York may establish by majority vote, in lieu of the
19 absentee balloting program set forth in subdivisions one through fifteen
20 of section 8-407 of this article, a polling place at any such facility
21 for at least six hours of operation beginning the tenth day prior to any
22 general, primary, run-off primary pursuant to subdivision one of section
23 6-162 of this chapter or special election for any public or party posi-
24 tion, and ending on and including the eighth day prior to such general,
25 primary, run-off primary or special election for such public office or
26 party position. Any such polling place shall be established in compli-
27 ance with the provisions of paragraphs (d) and (e) of subdivision four
28 and subdivisions five through eleven of section 8-600 of this article,
29 section 8-604 of this article, and subdivision one-a of section 4-104 of
30 this chapter. Voter access to polling places established pursuant to
31 this section shall be restricted to voters detained or confined at such
32 facility or related facilities and voters who are employees of such
33 facilities, who are registered to vote in the county where such facility
34 is located. All other eligible voters who are detained or confined at
35 such facility or who are employees of such facility shall be provided
36 with voter registration forms and offered absentee ballot applications
37 pursuant to section 8-415 of this article. The establishment of polling
38 places under this section shall be in addition to, and shall not dimin-
39 ish, the minimum quantity of early voting locations required by subdivi-
40 sion two of section 8-600 of this article, nor shall the fact of such
41 establishment alter or prejudice the application of the equitable siting
42 factors therein. The board of elections shall establish procedures or
43 apply procedures established for early voting, subject to approval of
44 the state board of elections, to ensure that persons who vote during the
45 early voting period shall not be permitted to vote subsequently in the
46 same election.
47 (b) Without limiting the provisions of paragraph (a) of this subdivi-
48 sion, the board of elections in the city of New York, in performing its
49 obligations under paragraph (a) of this subdivision, shall conduct at
50 least one site visit between forty-five and thirty days prior to a
51 primary or general election to administer timely voter registration by
52 eligible citizens at each correctional or local correctional facility
53 for which a polling place will be established pursuant to paragraph (a)
54 of this subdivision using board of elections electronic tablets and
55 digital resources wherever possible to effectuate electronic voter
56 registration in accordance with section 5-802 of this title, resorting
A. 2121 3
1 to paper forms only in extenuating circumstances or where employing such
2 tablets and digital resources would be impracticable.
3 3. Prior to the establishment of a polling place pursuant to subdivi-
4 sion one or two of this section, the board of elections shall develop a
5 facility voter access plan in consultation and cooperation with and
6 countersigned by the facility's superintendent, administrator or direc-
7 tor, or their designated democracy officer or agent. Such plan shall
8 describe the dates, times, and location or locations where registration
9 and voting will take place; the proposed staffing levels; election
10 equipment, materials, and voting machines to be deployed; how detained
11 citizens will be informed of voter eligibility; the technology, elec-
12 tricity, and cybersecurity needed to effectuate the plan; and voting
13 procedures, security measures and other considerations relevant to
14 ensuring secure and accessible voter access for eligible voters located
15 at the facility. Such plan shall be submitted to the state board of
16 elections no later than ninety days prior to the first day of voting and
17 approved by the state board of elections with any amendments prescribed
18 by the state board of elections no later than seventy-five days prior to
19 the first day of voting and shall be a public record.
20 § 3. Subdivision 1 of section 8-406 of the election law, as amended by
21 section 2 of part HH of chapter 55 of the laws of 2022, is amended to
22 read as follows:
23 1. If the board shall find that the applicant is a qualified voter of
24 the election district containing [his] the applicant's residence as
25 stated in [his] the applicant's statement and that [his] the applicant's
26 statement is sufficient, it shall, as soon as practicable after it shall
27 have determined [his] the applicant's right thereto, mail to [him] the
28 applicant at an address designated by [him] the applicant, or deliver to
29 [him] the applicant, or to any person designated for such purpose in
30 writing by [him] the applicant, at the office of the board, such an
31 absentee voter's ballot or set of ballots and an envelope therefor. If
32 the ballot or ballots are to be sent outside of the United States to a
33 country other than Canada or Mexico, such ballot or ballots shall be
34 sent by air mail. However, if an applicant who is eligible for an
35 absentee ballot is a resident of a facility operated or licensed by, or
36 under the jurisdiction of, the department of mental hygiene, or a resi-
37 dent of a facility defined as a nursing home or residential health care
38 facility pursuant to subdivisions two and three of section two thousand
39 eight hundred one of the public health law, or a resident of a hospital
40 or other facility operated by the Veteran's Administration of the United
41 States, or a person detained or confined at a correctional facility or
42 local correctional facility, as such terms are defined in section two of
43 the correction law, such absentee ballot need not be so mailed or deliv-
44 ered to any such applicant but, may be delivered to the voter in the
45 manner prescribed by section 8-407 of this [chapter] title if such
46 facility is located in the county or city in which such voter is eligi-
47 ble to vote.
48 § 4. Section 8-407 of the election law, as added by chapter 296 of the
49 laws of 1988, subdivisions 1, 3 and 15 as amended by chapter 195 of the
50 laws of 2001, and subdivision 6 as amended by chapter 326 of the laws of
51 1989, is amended to read as follows:
52 § 8-407. Voting by residents of nursing homes, residential health care
53 facilities, facilities operated or licensed, or under the jurisdiction
54 of, the department of mental hygiene or hospitals [or], facilities
55 operated by the Veteran's Administration of the United States, or by
56 persons detained or confined at correctional facilities and local
A. 2121 4
1 correctional facilities. 1. The board of elections of a county or city
2 in which there is located at least one facility operated or licensed, or
3 under the jurisdiction of, the department of mental hygiene, or a facil-
4 ity defined as a nursing home or residential health care facility pursu-
5 ant to subdivisions two and three of section two thousand eight hundred
6 one of the public health law or an adult care facility subject to the
7 provisions of title two of article seven of the social services law,
8 [or] a hospital or other facility operated by the Veteran's Adminis-
9 tration of the United States, or correctional facilities or local
10 correctional facilities shall, subject to subdivision sixteen of this
11 section and section 8-109 of this article, provide and ensure that resi-
12 dents of, or persons detained or confined at, each such facility for
13 which such board has received twenty-five or more applications for
14 absentee ballots from voters who are eligible to vote by absentee ballot
15 in such city or county at such election, may vote by absentee ballot
16 [only] in the manner provided for in this section. Such board may, in
17 its discretion, provide that the procedure described in this subdivision
18 shall be applicable to all such facilities in such county or city with-
19 out regard to the number of absentee ballot applications received from
20 the residents of any such facility.
21 2. Such a board of elections shall appoint, in the same manner as
22 other inspectors, one or more bi-partisan boards of inspectors, each
23 composed of two such inspectors. Such inspectors may be regular employ-
24 ees of such board of elections or persons qualified in accordance with
25 subdivision six of section 3-400 of this chapter. All inspectors
26 appointed pursuant to this subdivision shall undergo the requisite
27 training and subscribe to the oath required of election inspectors
28 pursuant to sections 3-412 and 3-414 of this chapter.
29 3. Not earlier than [thirteen] twenty-one days before or later than
30 the day before such an election such a board of inspectors shall,
31 between the hours of [nine] seven o'clock in the morning and [five]
32 eight o'clock in the evening on one or more days, attend at each such
33 facility for the residents of which the board of elections has custody
34 of twenty-five or more absentee ballots or which otherwise qualifies
35 pursuant to subdivision sixteen of this section or, if the board of
36 elections has so provided, each such facility for which the board has
37 custody of one or more such absentee ballots, pursuant to the provisions
38 of this chapter.
39 4. Each such board of inspectors may attend at more than one facility,
40 provided, however, that no such board of inspectors shall be assigned to
41 attend at more facilities than it reasonably can be expected to complete
42 within the time specified by this section.
43 5. The board of elections shall deliver to each board of inspectors
44 voter registration forms, paper absentee ballot applications or tools
45 capable of providing eligible persons with access to complete and submit
46 or save such applications through the electronic voter registration or
47 absentee ballot application transmittal system and sufficient equipment
48 for the printing and issuance of absentee ballots or all the absentee
49 ballots in the custody of such board of elections which are addressed to
50 [residents of] voters at the facilities which such board of inspectors
51 is appointed for or assigned to attend, together with one or more port-
52 able voting booths of a type approved by the state board of elections
53 and such other supplies, including assistive devices and any reasonable
54 accommodations for persons with disabilities and interpretive resources
55 and personnel for those in need of language assistance, as such board of
56 inspectors will require to discharge its duties properly. Any completed
A. 2121 5
1 voter registration forms collected by such board of inspectors shall be
2 processed pursuant to sections 5-208 and 5-210 of this chapter, as
3 applicable. Any completed absentee ballot application forms collected by
4 such board of inspectors shall be treated as applications for an absen-
5 tee ballot delivered in person at the board of elections to the voter or
6 to an agent of the voter in accordance with paragraph (c) of subdivision
7 two of section 8-400 of this title and processed pursuant to section
8 8-402 of this title.
9 6. The board of elections, at least [twenty] forty-five days before
10 each such election, or, for facilities not set forth in subdivision
11 sixteen of this section, on the day after it shall have received the
12 requisite number of applications for absentee ballots from the residents
13 of any such facility, whichever is later, shall communicate with the
14 superintendent, administrator or director of each such facility or their
15 designated democracy officer or agent to arrange the [day] days and
16 [time] times when the board of inspectors will attend at such facility.
17 The board of elections shall keep a list of (a) the [day] days and
18 [time] times at which the board of inspectors will attend at each such
19 facility, (b) the number of applications for absentee ballots received
20 from any such facility, and (c) the number of absentee ballots returned
21 by voters at any such facility pursuant to this section as [a] public
22 [record] records at its office and deliver a copy of such records to the
23 state board of elections within seven days after certification of each
24 primary, general or special election.
25 7. It shall be the duty of each such superintendent, administrator or
26 director, or their designated democracy officer or agent, to assist the
27 board of inspectors attending or serving such facility in the discharge
28 of its duties, including, but not limited to making available to such
29 board of inspectors space and reasonable accommodations within such
30 facility suitable for the discharge of its duties.
31 8. The board of inspectors shall deliver each absentee ballot
32 addressed to a [resident of] voter located at each such facility to such
33 [resident] voter. If such [resident] voter is physically disabled the
34 inspectors shall, if necessary, deliver the ballot to such voter at
35 [his] their bedside.
36 9. The board of inspectors shall arrange the portable voting booth or
37 booths provided and effect such safeguards as may be necessary to
38 provide secrecy for the votes cast by such [residents] voters.
39 10. If such a [resident] voter is unable to mark [his] their ballot,
40 [he] they may be assisted in marking such ballot by the two members of
41 the board of inspectors or such other person as [he] they may select. If
42 a voter is unable to mark the ballot and unable to communicate how [he
43 wishes] they wish such ballot marked, such ballot shall not be cast. No
44 person who assists a voter to mark [his] their ballot pursuant to the
45 provisions of this section, shall disclose to any other person how any
46 such ballot was marked.
47 11. Except as otherwise provided in this section, all ballots cast
48 pursuant to this section shall be cast in the manner provided by this
49 chapter for the casting of absentee ballots.
50 12. After such ballots have been cast and sealed in the appropriate
51 envelopes, they shall be returned to such inspectors.
52 13. Upon completion of its duties, the board of inspectors shall
53 forthwith return all such ballots to the board of elections.
54 14. Any person, political committee or independent body entitled to
55 appoint watchers for the election district in which any such facility is
56 located at the election for which such absentee ballots are cast, shall
A. 2121 6
1 be entitled to appoint a watcher to attend such board of inspectors at
2 such facility.
3 15. All ballots cast pursuant to the provisions of this section which
4 are received before the close of the polls on election day by the board
5 of elections charged with the duty of casting and canvassing such
6 ballots, may be delivered to the inspectors of election in the manner
7 prescribed by this chapter or retained at the board of elections and
8 cast and canvassed pursuant to the provisions of section 9-209 of this
9 chapter as such board shall, in its discretion, determine pursuant to
10 the provisions of subdivision one of this section.
11 16. (a) With respect to correctional facilities and local correctional
12 facilities, as such terms are defined in section two of the correction
13 law, the board of elections in counties with at least one hundred thou-
14 sand registered voters shall provide that the eligible persons detained
15 or confined at any such facility in such county with seventy-five or
16 more persons detained or confined may vote by absentee ballot as
17 provided for in this section, without regard to the number of absentee
18 ballot applications received from eligible voters at any such facility.
19 With respect to eligible persons detained at such facility who are not
20 residents of the county in which such facility is located, the residual
21 duty to facilitate timely voter registration and absentee ballot access
22 pursuant to section 8-415 of this title shall still apply. All other
23 correctional facilities and local correctional facilities in such a
24 county shall be subject to the provisions of section 8-415 of this
25 title; provided, however, that a board of elections may provide absentee
26 balloting access in accordance with this subdivision to voters detained
27 or confined at such other correctional facilities and local correctional
28 facilities in lieu of such board of elections' obligations prescribed by
29 section 8-415 of this title. This subdivision shall not apply to any
30 facility where the persons detained or confined at such facility are
31 exclusively under the age of eighteen.
32 (b) Each board of elections subject to paragraph (a) of this subdivi-
33 sion shall develop a facility voter access plan in consultation and
34 cooperation with and countersigned by the facility's superintendent,
35 administrator or director, or their designated democracy officer or
36 agent. Such plan shall include written procedures to ensure orderly
37 administration of the absentee balloting program at each such facility,
38 in a manner such that all eligible persons have an effective opportunity
39 to register and vote. Such procedures shall include the delivery and
40 retrieval of electronic or paper voter registration forms, ballot
41 requests, and absentee ballots; describe the dates, times, and location
42 or locations where registration and voting will take place; the proposed
43 staffing levels; election equipment, materials, and any voting machines
44 to be deployed; how detained citizens will be informed of voter eligi-
45 bility; the technology, electricity, and cybersecurity needed to effec-
46 tuate the plan; and procedures, security measures and other consider-
47 ations relevant to ensuring secure and accessible voting at the
48 facility. This plan shall be submitted to the state board of elections
49 no later than ninety days prior to the first election day in which such
50 facility will participate in this program, and approved by the state
51 board of elections with any amendments prescribed by the state board of
52 elections no later than seventy-five days prior to such election day,
53 and shall be a public record. This paragraph shall not apply to facili-
54 ties where a board of elections establishes a polling place in accord-
55 ance with section 8-109 of this article.
A. 2121 7
1 (c) Without limiting the provisions of paragraph (a) of this subdivi-
2 sion, the board of elections in the city of New York, in performing its
3 obligations under paragraph (a) of this subdivision shall:
4 (i) ensure the adequate resource allocation and deployment, in a
5 manner consistent with that provided to voters who are not detained or
6 confined, of assistive devices and reasonable accommodations for persons
7 with disabilities pursuant to section 4-104 of this chapter, and inter-
8 pretive resources and language-related assistance in voting and
9 elections pursuant to section 17-208 of this chapter and in coordination
10 with the poll site language assistance program prescribed by paragraph
11 (a) of subdivision four of section thirty-two hundred two of the charter
12 of the city of New York, to the extent justified by the needs of the
13 voters actually detained or confined;
14 (ii) conduct at least one site visit between forty-five and thirty
15 days prior to a primary or general election to administer timely voter
16 registration and absentee ballot application by eligible citizens at
17 each such facility in accordance with subdivision three of this section
18 using board of elections electronic tablets and digital resources wher-
19 ever possible to effectuate electronic voter registration in accordance
20 with section 5-802 of this chapter and electronic absentee ballot appli-
21 cation in accordance with section 8-408 of this title, resorting to
22 paper forms only in extenuating circumstances or where employing such
23 tablets and digital resources would be impracticable, provided however,
24 that the board of elections in the city of New York may dispense with
25 such site visit if the approved written procedures for voting at such
26 facility required by paragraph (a) of this subdivision expressly author-
27 ize and direct the board of inspectors attending such facility pursuant
28 to subdivision three of this section to conduct and process same-day
29 voter registration and to receive and process same-day in-person absen-
30 tee ballot applications, including, for applicants that are determined
31 to be entitled to vote, delivery of the applicable ballots; and
32 (iii) allocate and deploy sufficient equipment, personnel, and
33 resources when attending correctional facilities and local correctional
34 facilities within its jurisdiction at levels that, in consultation with
35 the state board of elections, take into account the estimated number of
36 eligible voters, historical data regarding the time taken to check in
37 and process voters at an office of the board of elections or a polling
38 place, public safety and security considerations, the division of incar-
39 cerated individuals among buildings, and other relevant factors.
40 17. Nothing in this section shall prejudice or limit the rights under
41 state and federal law of any voter who votes pursuant to the methods in
42 this section, including the rights and remedies provided for under title
43 two of article seventeen of this chapter.
44 § 5. The election law is amended by adding a new section 8-415 to read
45 as follows:
46 § 8-415. Absentee voting; application and registration drive for citi-
47 zens detained or confined at correctional facilities and local correc-
48 tional facilities. 1. This section applies to any correctional facility
49 or local correctional facility, as such terms are defined in section two
50 of the correction law, for which absentee balloting is not provided
51 pursuant to section 8-407 of this title, except for any such facility
52 where the persons detained or confined at such facility are exclusively
53 under the age of eighteen. For each such facility, the board of
54 elections shall coordinate with the superintendent, administrator,
55 director, designated democracy officer or agent to facilitate voter
56 access by ensuring that all eligible citizens are provided with access
A. 2121 8
1 to electronic personal voter registration pursuant to this article or
2 voter registration by application which shall be processed pursuant to
3 sections 5-208 and 5-210 of this chapter, as applicable, and, except for
4 county voters detained or confined at a correctional facility or local
5 correctional facility at which a polling place will be established
6 pursuant to section 8-109 of this article, that all eligible voters are
7 provided with an absentee ballot application no later than twenty-one
8 days prior to election day. It shall be the duty of each such super-
9 intendent, administrator, director, designated democracy officer or
10 agent to assist the board in the discharge of its duties pursuant to
11 this subdivision, including, but not limited to making available suit-
12 able space and reasonable accommodations within such facility.
13 2. The state board of elections shall promulgate non-partisan educa-
14 tional materials in plain language about the voting rights of individ-
15 uals currently incarcerated and formerly incarcerated for inclusion in
16 the inmate handbook or similar materials and reentry resources. Nothing
17 in this subdivision shall prohibit the inclusion or distribution of
18 non-partisan educational materials in additional resources provided to
19 or made available to incarcerated or formerly incarcerated individuals.
20 3. Without limiting the provisions of subdivisions one and two of this
21 section, the board of elections in the city of New York, in performing
22 its obligations under subdivision one of this section, shall deploy
23 interpretive resources and language-related assistance to ensure all
24 eligible individuals have an effective opportunity to register to vote
25 and apply for an absentee ballot, to the extent justified by the needs
26 of the voters actually detained or confined.
27 § 6. The election law is amended by adding a new section 3-507 to read
28 as follows:
29 § 3-507. Federal correctional facilities, voting at. 1. Each board of
30 elections and the board of elections in the city of New York shall
31 employ best efforts to ensure that the eligible persons detained or
32 confined at any federal correctional facility located within the juris-
33 diction of such board may have an effective opportunity to register and
34 vote in a manner consistent with the voter access programs prescribed by
35 sections 8-109, 8-407, and 8-415 of this chapter, respectively, as would
36 be applicable to such facilities if those facilities were local correc-
37 tional facilities or correctional facilities.
38 2. For purposes of this section, best efforts shall include a direct
39 engagement with the leadership of a federal correctional facility or
40 agent or democracy officer thereof, which shall occur no later than
41 February fifteenth in each even year. Such biennial engagement shall
42 include a written request for coordination and cooperation in the
43 provision and facilitation of voter access to eligible citizens detained
44 or confined at such facility for the forthcoming federal election cycle.
45 3. The provision and facilitation of voter access to eligible citizens
46 under this section shall be subject to, and administered pursuant to,
47 written procedures agreed upon by a board of elections and the leader-
48 ship of a federal correctional facility within the jurisdiction of such
49 board of elections to ensure orderly administration of the absentee
50 balloting program at such facility that is approved by the state board
51 of elections at least sixty days before they shall be effective.
52 § 7. Subdivision 1 of section 17-208 of the election law, as added by
53 chapter 226 of the laws of 2022, is amended to read as follows:
54 1. Political subdivisions required to provide language assistance. A
55 board of elections or a political subdivision that administers elections
56 shall provide language-related assistance in voting and elections to a
A. 2121 9
1 language-minority group in a political subdivision, or to citizens
2 belonging to a language-minority group detained or confined at correc-
3 tional facilities or local correctional facilities, if, based on data
4 from the American community survey, or data of comparable quality
5 collected by a public office, such data indicates that:
6 (a) more than two percent, but in no instance fewer than three hundred
7 individuals, of the citizens of voting age of a political subdivision,
8 or in the city of New York the citizens of voting age detained or
9 confined at correctional facilities or local correctional facilities,
10 are members of a single language-minority group and are limited English
11 proficient.
12 (b) more than four thousand of the citizens of voting age of such
13 political subdivision are members of a single language-minority group
14 and are limited English proficient.
15 (c) in the case of a political subdivision that contains all or any
16 part of a Native American reservation, more than two percent of the
17 Native American citizens of voting age within the Native American reser-
18 vation are members of a single language-minority group and are limited
19 English proficient. For the purposes of this paragraph, "Native Ameri-
20 can" is defined to include any persons recognized by the United States
21 census bureau or New York as "American Indian" or "Alaska Native".
22 § 8. Section 500-j of the correction law, as amended by chapter 291 of
23 the laws of 2009, is amended to read as follows:
24 § 500-j. Who may visit local correctional facilities. The following
25 persons may visit at pleasure all local correctional facilities: The
26 governor and lieutenant-governor, secretary of state, comptroller and
27 attorney-general, members of the legislature, judges of the court of
28 appeals, justices of the supreme court and county judges, district
29 attorneys [and], every clergyman or minister, as such terms are defined
30 in section two of the religious corporations law, having charge of a
31 congregation in the county in which such facility is located, and
32 bi-partisan board of elections officials and inspectors appointed by the
33 board of elections in the county where any such facility is situated or
34 the board of elections in the city of New York, in order to discharge
35 their duties under sections 8-407 and 8-415 of the election law. No
36 other person not otherwise authorized by law shall be permitted to enter
37 the rooms of a local correctional facility in which convicts are
38 confined, unless under such regulations as the sheriff of the county, or
39 in counties within the city of New York, the commissioner of correction
40 of such city, or in the county of Westchester, the commissioner of
41 correction of such county shall prescribe.
42 § 9. Subdivision 1 of section 146 of the correction law, as amended by
43 chapter 274 of the laws of 2019, is amended to read as follows:
44 1. The following persons shall be authorized to visit at pleasure all
45 correctional facilities: The governor and lieutenant-governor, commis-
46 sioner of general services, secretary of state, comptroller and attor-
47 ney-general, members of the commission of correction, members of the
48 legislature and their accompanying staff and any employee of the depart-
49 ment as requested by the member of the legislature if the member
50 requests to be so accompanied, provided that such request does not
51 impact upon the department's ability to supervise, manage and control
52 its facilities as determined by the commissioner, judges of the court of
53 appeals, supreme court and county judges, district attorneys [and],
54 every clergyman or minister, as such terms are defined in section two of
55 the religious corporations law, having charge of a congregation in the
56 county wherein any such facility is situated, and bi-partisan boards of
A. 2121 10
1 elections officials and inspectors appointed by the board of elections
2 in the county where any such facility is situated or the board of
3 elections in the city of New York, in order to discharge their duties
4 under sections 8-109, 8-407, and 8-415 of the election law. No other
5 person not otherwise authorized by law shall be permitted to enter a
6 correctional facility except by authority of the commissioner of
7 correction under such regulations as the commissioner shall prescribe.
8 § 10. Section 75 of the correction law, as amended by chapter 103 of
9 the laws of 2021, is amended to read as follows:
10 § 75. [Notice of voting] Voting rights. 1. Freedom to vote. All
11 persons who may have been or may hereafter be detained or confined at,
12 or committed to or taken charge of by any correctional facility, who are
13 qualified to register for and vote at any election pursuant to section
14 5-102 of the election law and not subject to exclusion by section 5-106
15 of the election law, are hereby declared to be entitled to the free
16 exercise and enjoyment of the elective franchise without discrimination
17 or preference.
18 2. Opportunity to register to vote and request ballots. The rules and
19 regulations established for the government of any correctional facility
20 shall recognize the right of detained or incarcerated individuals, who
21 are qualified to register for and vote at any election pursuant to
22 section 5-102 of the election law and not subject to exclusion by
23 section 5-106 of the election law, to the free exercise of their right
24 to vote in accordance with the provisions of the constitution and, to
25 effectuate such end, shall allow for access by the eligible individuals
26 to electronic personal voter registration or voter registration by
27 application pursuant to article five of the election law and to access
28 absentee balloting services through the electronic absentee ballot
29 application transmittal system or by paper application pursuant to title
30 four of article eight of the election law, in such manner as may best
31 carry into effect the spirit and intent of this section and be consist-
32 ent with the proper discipline and management of the correctional facil-
33 ity. Such services shall be made available within the buildings or
34 grounds, whenever possible, where the detained or incarcerated individ-
35 uals are required by law to be confined, in such manner and at such
36 hours as will be in harmony with the rules and regulations of both the
37 facility and the board of elections, and such facilities shall secure to
38 such individuals the free exercise of their right to vote in accordance
39 with the provisions of this section. In case of a violation of any of
40 the provisions of this section, any person feeling themselves aggrieved
41 thereby may exercise any rights and remedies provided for under state
42 and federal law, including by instituting proceedings in the supreme
43 court of the district where such facility is situated, which is hereby
44 authorized and empowered to enforce the provisions of this section.
45 3. Duty to cooperate. Pursuant to sections 8-109, if applicable,
46 8-406, 8-407, 8-415, and 17-208 of the election law, the superintendent
47 of each correctional facility shall cooperate with the board of
48 elections in developing and implementing a plan to facilitate at least
49 one method of voter access for all persons eligible to vote who are
50 detained or confined at each such facility, including, but not limited
51 to providing timely clearance, access, and security for board of
52 elections personnel and resources, and making available to such board
53 space and reasonable accommodations within such facility for the
54 discharge of its duties. The department shall issue regulations direct-
55 ing each such facility to ensure the timely delivery, and to facilitate
56 the timely return if applicable, of all official election mail, forms,
A. 2121 11
1 notices or communications to any individual detained or confined at such
2 facility and that non-partisan plain language educational materials
3 about the voting rights of individuals currently incarcerated and
4 formerly incarcerated are included in the inmate handbook or similar
5 materials and reentry resources. Nothing in this subdivision shall
6 prohibit the inclusion or distribution of non-partisan educational mate-
7 rials in additional resources provided to or made available to incarcer-
8 ated or formerly incarcerated individuals. Without limiting any rights
9 or remedies provided to voters under the law, there shall be a presump-
10 tion of a violation of subdivision one of section 17-212 of the election
11 law when any superintendent, employee, or agent of such correctional
12 facility, by commission or omission, intentionally frustrates the
13 purposes of this section.
14 4. Rights restoration upon release and registration. Prior to the
15 release from a correctional facility of any person the department shall
16 notify such person verbally and in writing, that [his or her] such
17 voting rights will be restored upon release and provide such person with
18 a form of application for voter registration and a declination form,
19 offer such person assistance in filling out the appropriate form, and
20 provide such person written information distributed by the board of
21 elections on the importance and the mechanics of voting. Upon release,
22 such person may choose to either submit [his or her] such completed
23 application to the state board or county board where such person resides
24 or have the department transmit it on [his or her] such person's behalf.
25 Where such person chooses to have the department transmit the applica-
26 tion, the department shall transmit the completed application upon such
27 person's release to the state board or county board where such person
28 resides.
29 § 11. Section 510 of the correction law, as amended by chapter 473 of
30 the laws of 2023, is amended to read as follows:
31 § 510. Voting [upon release]. 1. Freedom to vote. All persons who may
32 have been or may hereafter be detained or confined at, or committed to
33 or taken charge of by any local correctional facility, who are qualified
34 to register for and vote at any election pursuant to section 5-102 of
35 the election law and not subject to exclusion by section 5-106 of the
36 election law, are hereby declared to be entitled to the free exercise
37 and enjoyment of the elective franchise without discrimination or pref-
38 erence.
39 2. Opportunity to register to vote and request ballots. The rules and
40 regulations established for the government of local correctional facili-
41 ties shall recognize the right of detained or incarcerated individuals,
42 who are qualified to register for and vote at any election pursuant to
43 section 5-102 of the election law and not subject to exclusion by
44 section 5-106 of the election law, to the free exercise of their right
45 to vote in accordance with the provisions of the constitution and, to
46 effectuate such end, shall allow for access by the eligible individuals
47 to electronic personal voter registration or voter registration by
48 application pursuant to article five of the election law and to access
49 absentee balloting services through the electronic absentee ballot
50 application transmittal system or by paper application pursuant to title
51 four of article eight of the election law, in such manner as may best
52 carry into effect the spirit and intent of this section and be consist-
53 ent with the proper discipline and management of the correctional facil-
54 ity. Such services shall be made available within the buildings or
55 grounds, whenever possible, where the detained or incarcerated individ-
56 uals are required by law to be confined, in such manner and at such
A. 2121 12
1 hours as will be in harmony with the rules and regulations of both the
2 facility and the board of elections, and secure to such individuals the
3 free exercise of their right to vote in accordance with the provisions
4 of this section. In case of a violation of any of the provisions of this
5 section, any person feeling themselves aggrieved thereby may exercise
6 any rights and remedies provided for under state and federal law,
7 including by instituting proceedings in the supreme court of the
8 district where such facility is situated, which is hereby authorized and
9 empowered to enforce the provisions of this section.
10 3. Duty to cooperate. Pursuant to sections 8-406, 8-407, 8-415 and
11 17-208 of the election law, the superintendent of each local correction-
12 al facility shall cooperate with the board of elections in developing
13 and implementing a plan to facilitate at least one method of voter
14 access for all persons eligible to vote who are detained or confined at
15 each such facility, including, but not limited to providing timely
16 clearance, access, and security for board of elections personnel and
17 resources, and making available to such board space and reasonable
18 accommodations within such facility for the discharge of its duties. The
19 department shall issue regulations directing each such facility to
20 ensure the timely delivery, and to facilitate the timely return if
21 applicable, of all official election mail, forms, notices or communi-
22 cations to any individual detained or confined at such facility and that
23 non-partisan plain language educational materials about the voting
24 rights of individuals currently incarcerated and formerly incarcerated
25 are included in the inmate handbook or similar materials and reentry
26 resources. Nothing in this subdivision shall prohibit the inclusion or
27 distribution of non-partisan educational materials in additional
28 resources provided to or made available to incarcerated or formerly
29 incarcerated individuals. Without limiting any rights or remedies
30 provided to voters under the law, there shall be a presumption of a
31 violation of subdivision one of section 17-212 of the election law when
32 any superintendent, employee, or agent of such local correctional facil-
33 ity, by commission or omission, intentionally frustrates the purposes of
34 this section. This subdivision shall not apply to any facility where the
35 persons detained or confined at such facility are exclusively under the
36 age of eighteen.
37 4. Rights restoration upon release and registration. Prior to the
38 release from a local correctional facility of any person convicted of a
39 felony the chief administrative officer shall notify such person verbal-
40 ly and in writing that [his or her] their voting rights will be restored
41 upon release and provide such person with a form of application for
42 voter registration and a declination form, offer such person assistance
43 in filling out the appropriate form, and provide such person written
44 information distributed by the board of elections on the importance and
45 the mechanics of voting. Upon release, such person may choose to either
46 submit [his or her] their completed application to the state board or
47 county board where such person resides or have the department transmit
48 it on [his or her] their behalf. Where such person chooses to have the
49 department transmit the application, the chief administrative officer
50 shall transmit the completed application upon such person's release to
51 the state board or county board where such person resides.
52 [2.] 5. Upon discharge or release from the custody of a local correc-
53 tional facility, the chief administrative officer of such facility
54 shall, in consultation with the county board of elections, distribute to
55 every person eighteen years of age or older a written notice on the
56 voting rights of such person in the state of New York, including infor-
A. 2121 13
1 mation on the importance and mechanics of voting, when such person is or
2 may become eligible to vote, and offer to every such person a voter
3 registration form; provided that, if an individual declines to accept a
4 voter registration form, the chief administrative officer shall maintain
5 a written record of such declination. Notice is not required for those
6 individuals being transferred to a different local correctional facili-
7 ty, individuals being transferred or released to the custody of a state
8 correctional facility or institution, or individuals being released to
9 the custody of a hospital or mental health institution for treatment.
10 § 12. Subdivision 6 of section 137 of the correction law is amended by
11 adding a new paragraph (p) to read as follows:
12 (p) Any incarcerated individual confined in a cell or room, apart from
13 the accommodations provided for individuals who are participating in
14 programs of the facility, or any incarcerated individual held in segre-
15 gated confinement who is eligible to vote shall be entitled to register
16 to vote and vote as set forth in sections 8-407 and 8-415 of the
17 election law.
18 § 13. Subdivision 9 of section 1057-a of the New York city charter, as
19 amended by chapter 481 of the laws of 2023, is amended to read as
20 follows:
21 9. In addition to the other requirements of this section, the depart-
22 ment of correction shall [implement and administer a program of distrib-
23 ution and submission of early mail and absentee ballot applications, and
24 subsequently received early mail or absentee ballots, for eligible
25 incarcerated individuals. Such department shall offer, to all incarcer-
26 ated individuals who are registered to vote, early mail and absentee
27 ballot applications, and a means to complete them, during the period
28 from sixty days prior to any primary, special, or general election in
29 the city of New York until two weeks prior to any such election. Such
30 department shall subsequently provide any early mail or absentee ballot
31 received from the board of elections in response to any such application
32 to the applicable incarcerated individual, as well as a means to
33 complete it. Such department shall provide assistance to any such incar-
34 cerated individual in filling out such application or ballot upon
35 request. Such department shall, not later than five days after receipt,
36 transmit such completed applications and ballots from any incarcerated
37 individual who wishes to have them transmitted to the board of elections
38 for the city of New York. The provisions of this subdivision shall not
39 apply in any specific instance in which the department deems it unsafe
40 to comply therewith] assist, coordinate, and cooperate with the board of
41 elections in developing and implementing a plan to facilitate voter
42 access for all persons eligible to vote who are detained or confined at
43 each facility, in accordance with the democracy during detention act.
44 § 14. Subparagraph (a) of paragraph 4 of subdivision a of section 3202
45 of the New York city charter, as added by section 2 of question 2 of
46 local law number 211 of the city of New York for the year 2018 is
47 amended to read as follows:
48 (a) Subject to appropriation and after consultation with the mayor's
49 office of immigrant affairs and the department of city planning, estab-
50 lish a program for providing language interpreters at poll sites
51 throughout New York city for the purpose of facilitating participation
52 by limited English proficient individuals in voting in elections held in
53 the city, which shall include correctional facilities and local correc-
54 tional facilities located in the city. To the extent practicable, the
55 commission shall consult and coordinate with the board of elections of
A. 2121 14
1 the city of New York in the development and implementation of the
2 program established pursuant to this paragraph.
3 § 15. This act shall take effect on the first of July next succeeding
4 the date on which it shall have become a law; provided, however, that
5 the amendments to section 17-208 of the election law made by section
6 seven of this act shall take effect on the same date and in the same
7 manner as chapter 226 of the laws of 2022, as amended, takes effect.
8 Effective immediately, the addition, amendment and/or repeal of any rule
9 or regulation necessary for the implementation of this act on its effec-
10 tive date are authorized to be made and completed on or before such
11 effective date.
