•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A07857 Summary:

BILL NOA07857
 
SAME ASNo Same As
 
SPONSORWalker
 
COSPNSR
 
MLTSPNSR
 
Amd §§1-104 & 3-102, add §§8-110, 8-109, 8-111, 8-112, 8-113 & 8-114, Art 18 §§18-101 - 18-104, El L; amd §§500-j & 146, Cor L
 
Allows individuals detained in any correctional or local correctional facility to vote at polling places located within the facility if they are registered to vote and are otherwise eligible; provides for polling places within correctional facilities; provides for automatic changes in voter status; includes bi-partisan boards of elections officials and inspectors as persons who may visit correctional facilities.
Go to top

A07857 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7857
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 11, 2025
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to  amend  the  election  law, in relation to polling places in
          detention facilities and the voting rights and status of  incarcerated
          persons;  and  to amend the correction law, in relation to persons who
          may visit correctional facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative intent. The intention of this bill is to bring
     2  vote method equity to New York's detention facilities. Thousands of  New
     3  Yorkers that are otherwise eligible to vote are held in facilities where
     4  they  do  not  have  access to a polling place. This bill rectifies that
     5  inequity and provides for robust enforcement.
     6    § 2. Subdivision 14 of section 1-104 of the election law is amended to
     7  read as follows:
     8    14. Words of masculine gender include the feminine as  well  as  other
     9  gender  expressive  terms  except where the provision clearly applies to
    10  only one sex.
    11    § 3. Section 1-104 of the election law is amended by  adding  six  new
    12  subdivisions 40, 41, 42, 43, 44 and 45 to read as follows:
    13    40.  The  term "correctional facility" shall have the definition given
    14  to it in subdivision four of section two of the corrections law.
    15    41. The term "local correctional facility" shall have  the  definition
    16  given  to  it  in  subdivision sixteen of section two of the corrections
    17  law.
    18    42. Whenever the term "sheriff" is used in  this  chapter,  such  term
    19  shall  be deemed to include the warden, superintendent, or other person,
    20  including the commissioner of the department of correction for the  city
    21  of New York, in charge of a correctional or local correctional facility.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08642-01-5

        A. 7857                             2
 
     1    43.  The terms "detainee", "detained individual", or "detained person"
     2  shall refer to any person detained for any period of time regardless  of
     3  conviction status in any correctional or local correctional facility.
     4    44. The term "active eligible detainee" shall mean any person detained
     5  in  any  correctional  or  local correctional facility for any amount of
     6  time who is otherwise eligible to vote.
     7    45. The term "correctional polling place" shall mean any polling place
     8  established at a correctional or local correctional  facility  compliant
     9  with section 8-109 of this chapter.
    10    § 4. The election law is amended by adding a new section 8-110 to read
    11  as follows:
    12    §  8-110. Voting machines for correctional polling places. 1. Pursuant
    13  to subdivision  four  of  section  7-201  of  this  chapter,  boards  of
    14  elections  may  use experimental voting machines in order to comply with
    15  section 8-109 of this title, until such  time  as  voting  machines  are
    16  certified  pursuant  to  local  and  state election law that comply with
    17  section 8-109 of this title at which time the board  of  elections  must
    18  use the certified voting machine. Exceptions to policy shall not be made
    19  because an individual is incarcerated in a different county than that in
    20  which  they  have  their home polling place. Boards of elections and all
    21  interfacing and obligated agencies are required under section  8-109  of
    22  this  title  to  provide  each  active  eligible detainee with a polling
    23  place, ballot for said polling place  for  each  and  every  general  or
    24  primary  election  pursuant  to subdivision one of section 6-162 of this
    25  chapter or special election for any  public  office  or  party  position
    26  except for such an election held pursuant to title two of article six or
    27  to  article fifteen of this chapter occurring in their district of resi-
    28  dence or last domicile, and shall promulgate rules and requisition what-
    29  ever materials and  expertise  required  to  expeditiously  place  fully
    30  equipped  and  prepared  correctional  polling  places wherever they are
    31  needed.
    32    2. The use of experimental voting machines shall  not  interfere  with
    33  the  duty of the state and local boards of elections to ensure equitable
    34  voting access to detained individuals as compared to non-detained  indi-
    35  vidual voters.
    36    §  5.  The  election law is amended by adding five new sections 8-109,
    37  8-111, 8-112, 8-113 and 8-114 to read as follows:
    38    § 8-109. Polling places at correctional and local correctional facili-
    39  ties. 1. For purposes of facilitating voting by detained individuals  of
    40  correctional  and  local  correctional  facilities operated by the state
    41  department of corrections and community supervision,  the  city  of  New
    42  York  or  any county or municipality, the board of elections must estab-
    43  lish a polling place at any such facility where detained individuals may
    44  be eligible to vote. The board of elections shall  establish  that  such
    45  correctional  polling  place be open and accessible to detained individ-
    46  uals for the same duration of hours and days on and  prior  to  election
    47  day  as  early voting and election day polling places maintained outside
    48  of correctional and local correctional facilities. Correctional  polling
    49  places  must be established for any general, primary, or run-off primary
    50  election pursuant to subdivision one of section 6-162 of this chapter or
    51  special election for any public office or party position except for such
    52  an election held pursuant to title two of  article  six  or  to  article
    53  fifteen  of  this  chapter. Any polling place created under this section
    54  shall be established in compliance with sections 8-100, 8-102, and 8-104
    55  of this title. When open during the early  voting  period,  any  polling

        A. 7857                             3
 
     1  place  created under this section shall additionally comply with section
     2  8-600 of this article.
     3    2. Voter access to polling places at correctional or local correction-
     4  al  facilities established under this section shall be granted to eligi-
     5  ble voters with active eligible detainee voter status, or who are eligi-
     6  ble to register and vote on the same day, who are detained  or  confined
     7  at such facility or related facilities, or for facilities located in the
     8  city  of  New York, voters who are registered to vote in the city of New
     9  York, or who are registered or  may  need  to  register  in  any  voting
    10  district  in New York state. All active eligible detainee voters who are
    11  detained or confined at a correctional or  local  correctional  facility
    12  may  choose,  in  lieu  of voting at a correctional polling place, to be
    13  provided absentee ballot applications pursuant to section 8-400 of  this
    14  article,  provided,  however,  that  such  choice shall not prevent said
    15  eligible voters from casting  their  vote  by  alternate  means  in  the
    16  correctional  polling  place  in  lieu  of an already requested absentee
    17  ballot.
    18    3. The establishment of correctional polling places under this section
    19  shall be in addition to, and shall not diminish, the minimum quantity of
    20  early voting locations required by subdivision two of section  8-600  of
    21  this  article,  nor shall the fact of such establishment alter or preju-
    22  dice the application of the equitable siting factors  therein.  For  the
    23  purposes  of  facilitating  voting during the early voting period within
    24  correctional and local correctional  facilities,  county,  municipality,
    25  and  New  York  city  boards  of elections shall establish procedures or
    26  apply procedures established for early voting, subject  to  approval  of
    27  the state board of elections, to ensure that persons who vote during the
    28  early  voting  period shall not be permitted to vote subsequently in the
    29  same election.
    30    4. Boards of elections must establish a plan to  create  and  maintain
    31  correctional polling places no later than six months prior to the subse-
    32  quent  election.  Such  plan  must  describe the process in which voting
    33  machines will be selected, by what  time  they  will  be  selected,  how
    34  correctional  polling  places will be staffed, the way in which relevant
    35  information to update voter status will be collected from state or coun-
    36  ty authorities, how voting will be encouraged and how detained  individ-
    37  uals will be educated within correctional and local correctional facili-
    38  ties,  and  any and all other information deemed necessary to effectuate
    39  polling place usage within a correctional or local correctional  facili-
    40  ty.  Such  plan  shall  not  abridge  or  remove  any  duty the board of
    41  elections may have regarding the provision of absentee ballots requested
    42  by a detained individual. Such plan must be  clearly  and  conspicuously
    43  available  to  the public, including, but not limited to, posting on the
    44  website for the board of elections, releasing notice of the  release  of
    45  such  plan  within  the  local  paper  of  record,  and notification and
    46  distribution, through either physical or  electronic  methods,  of  such
    47  plan to public defender offices and community-based organizations. Fail-
    48  ure  to  adhere to any timeline described within the plan may be consid-
    49  ered an act of obstructing the vote subject to  penalties  described  in
    50  section 8-114 of this title.
    51    § 8-111. Polling place assignment of detained individuals. Pursuant to
    52  section  18-102  of  this  chapter,  upon the detention of a person at a
    53  correctional or local correctional facility, such detained person who is
    54  registered to vote shall have  their  voter  status  changed  to  active
    55  eligible  detainee status, and boards of elections shall ensure that all
    56  voters with active eligible detainee status  within  their  jurisdiction

        A. 7857                             4
 
     1  are  assigned  to  a  correctional  polling  place  at  their  place  of
     2  detention.  Upon release from detention or transfer to a new correction-
     3  al or local correctional facility,  eligible  voters  shall  have  their
     4  voter  status updated to reflect their new status by the county board of
     5  elections pursuant to paragraphs (b) and (c)  of  subdivision  three  of
     6  section 18-102 of this chapter.
     7    §  8-112.  Voting  rights; correctional and local correctional facili-
     8  ties. 1. Each correctional and local correctional  facility  shall  make
     9  available current non-partisan resource materials, maintained by the New
    10  York  state board of elections and local boards of elections, containing
    11  detailed information regarding the voting rights of an  active  eligible
    12  detained individual.
    13    2.  The  current resource materials described under subdivision one of
    14  this section shall be provided: (a) upon intake of a person from a coun-
    15  ty or city court; (b) upon transfer of a person from one correctional or
    16  local correctional facility to another;  and  (c)  upon  sentencing  and
    17  conviction of an active eligible detained individual.
    18    § 8-113. Voting rights information about polling places in correction-
    19  al  and  local correctional facilities. 1. The sheriff shall make avail-
    20  able to all active eligible detained persons in  their  custody  current
    21  resource  materials,  maintained  by  the  local  board  of elections or
    22  elections administrator, containing detailed information  regarding  the
    23  voting rights of an active eligible detained person to vote via absentee
    24  or  early mail ballot or in-person at a correctional polling place. This
    25  information shall be shared in the following formats:
    26    (a) in print to detained individuals in advance of absentee  or  early
    27  mail  voting  deadlines  or  early  voting in-person at the correctional
    28  polling place;
    29    (b) where there is  access  to  handheld  electronic  devices  at  the
    30  correctional  or  local  correctional  facility, the sheriff shall share
    31  information about the correctional polling place on the internal  intra-
    32  net or ethernet website for such facility;
    33    (c)  in  a visible, high traffic location or locations on the premises
    34  of each facility, including, but not limited to, the law library, gymna-
    35  siums, and recreational rooms, where notices are customarily posted; and
    36    (d) by dissemination by non-partisan  volunteers  and  community-based
    37  advocates  of  voter education and materials about what is on the ballot
    38  to detained individuals in written and electronic format.
    39    2. Sheriffs shall provide for voting educational sessions, held multi-
    40  ple times per year, that are led by detained persons  in  their  custody
    41  and  may seek the assistance of community-based organizations in facili-
    42  tating these sessions.
    43    § 8-114. Prohibition and remedies. 1. No person or entity may obstruct
    44  the establishment or use of a polling place  within  a  correctional  or
    45  local correctional facility or the right of any active eligible detained
    46  person  to register to vote or to vote. Obstruction includes, but is not
    47  limited to, the refusal to update the voter status of  a  detainee,  the
    48  knowing  or  negligent  impediment of the use and placement of a polling
    49  place within a correctional or local correctional facility, the  failure
    50  to  establish  sufficient  early  voting  polling places on the basis of
    51  using a polling place in a correctional or local correctional  facility,
    52  the refusal to allow a detained individual to vote at a polling place in
    53  lieu  of  using  a  requested  absentee  ballot, refusing to comply with
    54  reporting requirements established by statute or any action that  under-
    55  mines the spirit and intent of section 8-109 of this title or failing to
    56  provide equitable access to suffrage for detained individuals.

        A. 7857                             5
 
     1    2.  (a)  Any aggrieved persons, organization whose membership or whose
     2  clients  or  clientele  includes  aggrieved  persons  or  members  of  a
     3  protected  class, organization whose mission, in whole or in part, is to
     4  ensure voting access and such mission would be hindered by  a  violation
     5  of  this section, or the attorney general may file an action pursuant to
     6  this section in the supreme court of the county  in  which  the  alleged
     7  violation of this section occurred.
     8    (b) Because of the frequency of elections, the severe consequences and
     9  irreparable harm of holding elections under unlawful conditions, and the
    10  expenditure  to  defend  potentially unlawful conditions actions brought
    11  pursuant to this section shall be  subject  to  expedited  pretrial  and
    12  trial proceedings and receive an automatic calendar preference.
    13    3. (a) Upon a finding of a violation of any provision of this article,
    14  the  court shall implement appropriate remedies that are tailored to the
    15  violation, including but not limited to providing for additional time to
    16  cast a ballot that may be counted in the election at issue and  extended
    17  polling  place hours until all eligible detained individuals are able to
    18  cast their ballot.
    19    (b) In any action alleging a violation of  this  section  in  which  a
    20  plaintiff  party  seeks  preliminary  relief with respect to an upcoming
    21  election, the court shall grant relief if it determines that:
    22    (i) the plaintiffs are more likely than not to succeed on the  merits;
    23  and
    24    (ii)  it  is  possible  to  implement an appropriate remedy that would
    25  resolve the alleged violation in the upcoming election.
    26    4. (a) Any party who shall violate  any  of  the  provisions  of  this
    27  section  or  who  shall  aid  in the violation of any of said provisions
    28  shall be liable to any prevailing plaintiff party for damages, including
    29  nominal damages, for any violation, and compensatory or punitive damages
    30  for any intentional violation, as well as reasonable  costs,  attorneys'
    31  fee,  and  litigation  expenses  including,  but  not limited to, expert
    32  witness fees and expenses as part of the costs.
    33    (b) A plaintiff will be deemed to have prevailed in  an  action  under
    34  this section when, as a result of litigation, the defendant party yields
    35  all or a portion of the relief sought in the suit.
    36    5. The rights and remedies established by this section are in addition
    37  to all other rights and remedies provided by law, and neither the rights
    38  and remedies established by this section nor any other provision of this
    39  chapter  shall  supersede, restrict, or limit the application of the New
    40  York Voting Rights Act.
    41    § 6. Section 3-102 of the election law is  amended  by  adding  a  new
    42  subdivision 12-a to read as follows:
    43    12-a.  provide  reporting  on  the  number  of individuals detained in
    44  correctional and local correctional facilities  who  are  registered  to
    45  vote  and  who  exercised  their right to vote after each election. Such
    46  report will be supplied to the governor, legislature, and public  within
    47  sixty  days  of  the  most  recent  prior  election; Such a report shall
    48  include the number of such individuals who cast a ballot in the  facili-
    49  ties,  by what means those individuals voted, and will also indicate the
    50  number of voting machines, staff numbers, and hours of operation for any
    51  polling places required by section 8-109 of this chapter to  be  present
    52  and accessible to all active eligible detainees.
    53    § 7. The election law is amended by adding a new article 18 to read as
    54  follows:
    55                                 ARTICLE 18
    56                     VOTING BY ACTIVE ELIGIBLE DETAINEES

        A. 7857                             6
 
     1  Section 18-101. Active eligible detainee; right to vote.
     2          18-102. Automatic change of voter status.
     3          18-103. Reporting for the purposes of changing voter status.
     4          18-104. Regulations.
     5    §  18-101.  Active eligible detainee; right to vote. 1. Detained indi-
     6  viduals in any correctional  or  local  correctional  facility  who  are
     7  registered  to vote and are otherwise eligible shall be entitled to vote
     8  at a correctional polling place as fully as if present  at  the  polling
     9  place  in  their  district of residence or last domicile in the state of
    10  New York, and to register to vote and to vote  using  any  other  method
    11  provided for in this chapter, all without any exception related to their
    12  status  of  detention. The designation of active eligible detainee shall
    13  in no way prohibit or proscribe a person who is legally able to register
    14  to vote and to vote on the same day from doing so.
    15    2. It is the affirmative obligation of correctional or  local  correc-
    16  tional  facilities, boards of elections, and any interfacing agencies to
    17  ensure that all eligible voters within correctional or local correction-
    18  al facilities are extended maximal, uncompromising, and equitable access
    19  to the ballot.
    20    § 18-102. Automatic change of voter status. 1. In conjunction with the
    21  county boards of elections, the state board of elections shall allow  an
    22  individual's  voter  status  to  be  changed to and from active eligible
    23  detainee.
    24    2. In conjunction with the county boards of elections, the state board
    25  of elections shall provide that a person that has been  assigned  active
    26  eligible  detainee  status  shall be automatically assigned to a correc-
    27  tional polling place compliant with section 8-109  of  this  chapter  at
    28  their  place  of  detention  for  the purposes of voting in elections in
    29  their district of residence or last domicile in the state of New York. A
    30  person whose voter status is changed from active  eligible  detainee  to
    31  any  other  active  voter  status shall be automatically assigned to the
    32  appropriate polling place in their district of residence or  last  domi-
    33  cile in the state of New York.
    34    3. In conjunction with the county boards of elections, the state board
    35  of  elections  shall  facilitate the automatic change to and from active
    36  eligible detainee status triggered by any alteration  of  the  detention
    37  status of an individual as described in this subdivision:
    38    (a)  When an individual is initially incarcerated at a correctional or
    39  local correctional facility as a result of arrest,  conviction,  or  any
    40  other  government  action  and  such person is registered to vote and is
    41  otherwise eligible to  vote,  the  correctional  or  local  correctional
    42  facility  shall  coordinate  with  the county board of elections so that
    43  such person's voter status is updated to active eligible detainee.
    44    (b) If and when a person  with  active  eligible  detainee  status  is
    45  transferred  from  one  correctional or local correctional facility to a
    46  different correctional or local correctional facility, such person shall
    47  automatically be reassigned to a correctional polling place therein.
    48    (c) If and when a person  with  active  eligible  detainee  status  is
    49  released  from  a  correctional  or  local  correctional  facility, such
    50  person's voter status shall be automatically  updated  to  reflect  such
    51  release.
    52    §  18-103.  Reporting for the purposes of changing voter status. 1. It
    53  shall be the duty of the sheriff of a correctional or local correctional
    54  facility to report to the appropriate county board  of  elections  offi-
    55  cials  records  of  the names of all persons of voting age who have been
    56  detained within the facility or who have transferred out of the  facili-

        A. 7857                             7
 
     1  ty,  either through transfer to a different facility or release from the
     2  facility.  Pertinent records shall be arranged by  county  of  residence
     3  and  shall  include  the name, residence address, and birth date of each
     4  such person.
     5    2.  Reporting of intake, transfer, and release of detained individuals
     6  by the sheriff shall happen regularly, at a frequency to  be  determined
     7  by  the county board of elections in conjunction with the sheriff of the
     8  correctional or local correctional facility, but  shall  occur  no  less
     9  than  once a month and shall increase in frequency to once a week within
    10  the three months before an upcoming election and again to  daily  during
    11  the early voting and election day period.
    12    3.  Each county board of elections shall ensure that, pursuant to this
    13  section, each person detained within a correctional or local correction-
    14  al facility who is registered to vote is assigned  the  active  eligible
    15  detainee  status prior to any special, primary, or general election. The
    16  assignment of such status shall be done regularly, but shall be no  less
    17  than  once a month and shall increase in frequency to once a week within
    18  the three months before an election and again to daily during the  early
    19  voting and election day period.
    20    4.  Any  record,  document,  or data containing personally identifying
    21  information of an individual's active eligible detainee status shall  be
    22  exempt from public disclosure. Such information may only be exchanged by
    23  a sheriff of a correctional or local correctional facility and officials
    24  at the appropriate board of elections and only for the purpose of facil-
    25  itating voting consistent with the mandates of this article.
    26    §  18-104.  Regulations. The state board of elections shall promulgate
    27  rules and regulations to implement the provisions of this article.
    28    § 8. Section 500-j of the correction law, as amended by chapter 291 of
    29  the laws of 2009, is amended to read as follows:
    30    § 500-j. Who may visit local correctional  facilities.  The  following
    31  persons  may  visit  at  pleasure all local correctional facilities: The
    32  governor and lieutenant-governor, secretary of  state,  comptroller  and
    33  attorney-general,  members  of  the  legislature  and their accompanying
    34  staff, judges of the court of appeals, justices of the supreme court and
    35  county judges, district attorneys and every clergyman  or  minister,  as
    36  such terms are defined in section two of the religious corporations law,
    37  having  charge of a congregation in the county in which such facility is
    38  located, and bipartisan boards of  elections  officials  and  inspectors
    39  appointed by the board of elections in the county where any such facili-
    40  ty  is  situated  or  the board of elections in the city of New York, in
    41  order to discharge their duties under section 8-109 of the election law.
    42  No other person not otherwise authorized by law shall  be  permitted  to
    43  enter  the  rooms  of  a local correctional facility in which [convicts]
    44  incarcerated individuals are confined, unless under such regulations  as
    45  the  sheriff  of the county, or in counties within the city of New York,
    46  the commissioner of correction of such city, or in the county  of  West-
    47  chester, the commissioner of correction of such county shall prescribe.
    48    § 9. Subdivision 1 of section 146 of the correction law, as amended by
    49  chapter 274 of the laws of 2019, is amended to read as follows:
    50    1.  The following persons shall be authorized to visit at pleasure all
    51  correctional facilities: The governor and  lieutenant-governor,  commis-
    52  sioner  of  general services, secretary of state, comptroller and attor-
    53  ney-general, members of the commission of  correction,  members  of  the
    54  legislature and their accompanying staff and any employee of the depart-
    55  ment  as  requested  by  the  member  of  the  legislature if the member
    56  requests to be so accompanied,  provided  that  such  request  does  not

        A. 7857                             8
 
     1  impact  upon  the  department's ability to supervise, manage and control
     2  its facilities as determined by the commissioner, judges of the court of
     3  appeals, supreme court and county judges, district attorneys  and  every
     4  clergyman  or  minister, as such terms are defined in section two of the
     5  religious corporations law, having charge of a congregation in the coun-
     6  ty wherein any such facility  is  situated,  and  bipartisan  boards  of
     7  elections  officials  and inspectors appointed by the board of elections
     8  in the county where any such  facility  is  situated  or  the  board  of
     9  elections  in  the  city of New York, in order to discharge their duties
    10  under section 8-109 of the election law. No other person  not  otherwise
    11  authorized  by  law  shall be permitted to enter a correctional facility
    12  except by authority of the commissioner of correction under  such  regu-
    13  lations as the commissioner shall prescribe.
    14    §  10.  Severability.  If any provision of this act or the application
    15  thereof to any person, political  subdivision,  governmental  entity  or
    16  circumstance  is  held  invalid,  such invalidity shall not affect other
    17  provisions or applications of the act which can be given effect  without
    18  the  invalid provision or application, and to this end the provisions of
    19  this act are declared to be severable.
    20    § 11. This act shall take effect on  the  one  hundred  eightieth  day
    21  after  it shall have become a law; provided, however, that sections four
    22  and seven of this act shall take  effect  immediately.  Effective  imme-
    23  diately, the addition, amendment and/or repeal of any rule or regulation
    24  necessary  for  the implementation of this act on its effective date are
    25  authorized to be made and completed on or before such effective date.
Go to top