S01266 Summary:

BILL NOS01266A
 
SAME ASSAME AS A02266-A
 
SPONSORMONTGOMERY
 
COSPNSRDILAN, DUANE, HASSELL-THOMPSON, KRUEGER, MONSERRATE, ONORATO, PARKER, SAMPSON, SAVINO, THOMPSON
 
MLTSPNSR
 
Amd SS5-211 & 5-614, add S3-102-a, El L; amd S220.50, add S380.51, CP L; add SS510 & 75, Cor L; add S259-jj, Exec L
 
Enacts the "voting rights notification and registration act"; allows for voting participation by eligible voters with felony convictions by providing notice regarding voting rights, assistance with voter registration and voting by absentee ballot, and data sharing among the department of correctional services, the division of parole, and the state board of elections.
Go to top    

S01266 Actions:

BILL NOS01266A
 
01/28/2009REFERRED TO ELECTIONS
04/28/2009REPORTED AND COMMITTED TO FINANCE
06/02/2009AMEND AND RECOMMIT TO FINANCE
06/02/2009PRINT NUMBER 1266A
01/06/2010REFERRED TO ELECTIONS
03/23/2010REPORTED AND COMMITTED TO CODES
05/11/2010REPORTED AND COMMITTED TO FINANCE
Go to top

S01266 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S01266 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1266--A
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2009
                                       ___________
 
        Introduced by Sens. MONTGOMERY, DILAN, DUANE, HASSELL-THOMPSON, KRUEGER,
          MONSERRATE,  ONORATO,  PARKER, SAMPSON, SAVINO, THOMPSON -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Elections -- reported favorably from said committee  and  committed
          to  the  Committee  on  Finance -- committee discharged, bill amended,

          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the  election  law,  the  criminal  procedure  law,  the
          correction  law  and  the  executive  law, in relation to enacting the
          "voting rights notification and registration act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short title.  This act shall be known and may be cited as
     2  the "voting rights notification and registration act".
     3    § 2. The opening paragraph and subdivisions 2, 4, 5, 8, 12, 13 and  14
     4  of section 5-211 of the election law, the opening paragraph and subdivi-
     5  sion  14  as  amended by chapter 200 of the laws of 1996, subdivisions 2
     6  and 8 as amended and subdivisions 4, 5, 12 and 13 as  added  by  chapter
     7  659 of the laws of 1994, are amended to read as follows:

     8    Each  agency designated as a participating agency under the provisions
     9  of this section shall implement and administer a program of distribution
    10  of voter registration forms pursuant to the provisions of this  section.
    11  The  following  offices  which  provide public assistance and/or provide
    12  state funded programs primarily engaged in providing services to persons
    13  with disabilities are hereby designated as voter registration  agencies:
    14  designated as the state agencies which provide public assistance are the
    15  department of social services and the department of health.  Also desig-
    16  nated as public assistance agencies are all agencies of local government
    17  that  provide  such  assistance and local probation departments.  Desig-
    18  nated as state agencies  that  provide  programs  primarily  engaged  in
    19  providing  services  to  people  with disabilities are the department of

    20  labor, office for the aging, division of veterans'  affairs,  office  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01479-03-9

        S. 1266--A                          2
 
     1  mental  health,  office of vocational and educational services for indi-
     2  viduals with disabilities, commission on quality of care for the mental-
     3  ly disabled, office of mental retardation  and  developmental  disabili-
     4  ties,  commission  for  the  blind  and  visually handicapped, office of
     5  alcoholism and substance abuse services, the office of the advocate  for
     6  the  disabled  and  all offices which administer programs established or
     7  funded by such agencies. Additional state agencies designated  as  voter

     8  registration  offices  are  the department of state [and], the [division
     9  of] workers' compensation board, the division of probation  and  correc-
    10  tional alternatives when providing direct probation supervision services
    11  under  section  two hundred forty-seven of the executive law. Such agen-
    12  cies shall be required to offer voter registration forms to persons upon
    13  initial  application  for  services,  renewal  or  recertification   for
    14  services  [and], change of address relating to such services, and orien-
    15  tation or initial intake for the division of probation and  correctional
    16  alternatives  and  local probation departments. Such agencies shall also

    17  be responsible for providing assistance to [applicants] such persons  in
    18  completing  voter  registration  forms,  receiving  and transmitting the
    19  completed [application] registration form from all [applicants]  persons
    20  who  wish  to  have  such  form  transmitted to the appropriate board of
    21  elections. The state board of elections shall, together  with  represen-
    22  tatives  of  the department of defense, develop and implement procedures
    23  for including recruitment offices of the  armed  forces  of  the  United
    24  States as voter registration offices when such offices are so designated
    25  by  federal law.   The state board shall also make request of the United
    26  States Immigration and Naturalization Service  to  include  applications
    27  for registration by mail with any materials which are given to new citi-

    28  zens.  All institutions of the state university of New York and the city
    29  university  of New York, shall, at the beginning of the school year, and
    30  again in January of a year in which the president of the  United  States
    31  is  to  be  elected,  provide  an  application  for registration to each
    32  student in each such institution.  The state board of elections may,  by
    33  regulation,  grant  a waiver from any or all of the requirements of this
    34  section to any office or program of an agency, if it determines that  it
    35  is  not  feasible for such office or program to administer such require-
    36  ment.
    37    2. Strict neutrality with respect to a person's party enrollment shall
    38  be maintained and all  persons  seeking  voter  registration  forms  and
    39  information  shall  be  advised  that government services are not condi-
    40  tioned on being registered to vote. No statement shall be made  nor  any

    41  action  taken  to  discourage the [applicant] person from registering to
    42  vote.
    43    4. Each participating agency shall provide to each [applicant]  person
    44  who  does  not decline to register to vote the same degree of assistance
    45  with regard to the completion of the  voter  registration  [application]
    46  form  as  is provided by the agency with regard to the completion of its
    47  own form unless the [applicant] person refuses such assistance.
    48    5. Employees of a voter registration agency who provide  voter  regis-
    49  tration assistance shall not:
    50    (a) seek to influence [an applicant's] a person's political preference
    51  or party designation;
    52    (b) display any political preference or party allegiance;

    53    (c)  make  any  statement  [to  an  applicant]  or take any action the
    54  purpose or effect of which is to discourage  [the  applicant]  a  person
    55  from registering to vote; or

        S. 1266--A                          3
 
     1    (d)  make  any  statement  [to  an  applicant]  or take any action the
     2  purpose or effect of which is  to  lead  [the  applicant]  a  person  to
     3  believe  that  a decision to register or not to register has any bearing
     4  on the availability of services or benefits.
     5    8.  Each  participating  agency,  department,  division or office that
     6  makes available voter registration forms pursuant to this section  shall
     7  offer with each application for the services or assistance of such agen-

     8  cy,  department,  division  or  office,  or,  in  the  case of the local
     9  probation departments and the division  of  probation  and  correctional
    10  alternatives,  upon  orientation or initial intake, and with each recer-
    11  tification, renewal or change of address form relating to  such  service
    12  or  assistance,  a  voter  registration  form together with instructions
    13  relating to eligibility to register and for completing the  form  except
    14  that  forms  used  by  the department of social services for the initial
    15  application for services, renewal or recertification  for  services  and
    16  change of address relating to such services shall physically incorporate
    17  a  voter  registration  [application] form in a fashion that permits the
    18  voter registration portion of the agency form to be detached  therefrom.

    19  Such  voter  registration  [application] form shall be designed so as to
    20  ensure the confidentiality of the source of the application.    Included
    21  on each participating agency's application for services or assistance or
    22  on a separate form shall be:
    23    (a)  the  question,  "If you are not registered to vote where you live
    24  now, would you like to apply to register here today?"
    25    (b) [The] the statement, "applying to register or declining to  regis-
    26  ter  to  vote  will not affect the amount of assistance that you will be
    27  provided by this agency."
    28    (c) boxes for the applicant to check to indicate whether the applicant
    29  would like to register or decline to register to vote.
    30    (d) the statement in prominent type, "IF YOU DO NOT CHECK EITHER  BOX,
    31  YOU  WILL  BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
    32  TIME."

    33    (e) the statement, "If you would like help in filling  out  the  voter
    34  registration  [application] form, we will help you. The decision whether
    35  to seek or accept help is yours.   You may fill  out  the  [application]
    36  voter registration form in private."
    37    (f)  the  statement,  "If you believe that someone has interfered with
    38  your right to register or decline to register to  vote,  your  right  to
    39  privacy  in  deciding  whether to register or in applying to register to
    40  vote, or your right to choose your own political party  or  other  poli-
    41  tical  preference,  you  may  file  a  complaint with the state board of
    42  elections (address and toll free telephone number)."
    43    (g) a toll free number at the state board of  elections  that  can  be
    44  called for answers to registration questions.

    45    12. Completed [application] voter registration forms, when received by
    46  a  participating  agency  not later than the twenty-fifth day before the
    47  next ensuing primary, general or special  election  and  transmitted  by
    48  such  agency  to  the  appropriate  board  of elections so that they are
    49  received by such board not later than  the  twentieth  day  before  such
    50  election  shall  entitle the [applicant] person to vote in such election
    51  provided the board determines that the [applicant] person  is  otherwise
    52  qualified.
    53    13.  The  state  board  of elections shall provide [application] voter
    54  registration forms for use pursuant to  this  section  except  that  any
    55  agency  which  uses  a  form  other than such registration form shall be

    56  responsible for providing such form. Forms which vary in design [and or]

        S. 1266--A                          4
 
     1  and/or content from the form approved by the state  board  of  elections
     2  may only be used with the approval of such board.
     3    14.  [Applications] Voter registration forms shall be processed by the
     4  board of elections in the manner prescribed by  section  5-210  of  this
     5  title  or,  if the [applicant] person is already registered to vote from
     6  another address in the county or  city,  in  the  manner  prescribed  by
     7  section  5-208  of  this  title.    The board shall send the appropriate
     8  notice of approval or rejection as required by either  subdivision  nine
     9  of such section 5-210 or subdivision five of such section 5-208.

    10    §  3.    Section  220.50  of  the criminal procedure law is amended by
    11  adding a new subdivision 8 to read as follows:
    12    8. Prior to accepting a defendant's plea  of  guilty  to  a  count  or
    13  counts of an indictment or a superior court information charging a felo-
    14  ny  offense  for which the court will impose a sentence of imprisonment,
    15  the court must advise the defendant on the record  that  the  conviction
    16  will result in loss of the right to vote until the individual has served
    17  his maximum sentence of imprisonment or been discharged from parole; and
    18  that the defendant may register or re-register to vote as soon as he has
    19  served  his  maximum  sentence  of  imprisonment or been discharged from
    20  parole.  The failure to advise the defendant pursuant to  this  subdivi-

    21  sion shall not be deemed to affect the voluntariness of a plea of guilty
    22  or the validity of a conviction.
    23    §  4.  The  criminal  procedure law is amended by adding a new section
    24  380.51 to read as follows:
    25  § 380.51 Statements regarding voting rights.
    26    Before imposing a sentence of imprisonment for  a  felony  conviction,
    27  the  court  must  advise the defendant on the record that the conviction
    28  will result in the loss of the right to vote until  the  individual  has
    29  served  his  maximum  sentence  of  imprisonment or been discharged from
    30  parole; and that the defendant may register or re-register  to  vote  as
    31  soon  as  he  has  served  his  maximum sentence of imprisonment or been

    32  discharged from parole.  The failure to advise the defendant pursuant to
    33  this section shall not be deemed to affect the voluntariness of  a  plea
    34  of guilty or the validity of a conviction.
    35    § 5. The correction law is amended by adding a new section 510 to read
    36  as follows:
    37    §  510.  Voting  by  qualified  inmates. 1. At the time of the initial
    38  orientation or intake of an inmate at a local correctional facility, the
    39  chief administrative officer of such local correctional facility, or his
    40  or her designee, shall inform the inmate in writing of his or her  right
    41  to  apply  to register to vote. In addition, such notice shall be posted
    42  in a place conspicuous to all inmates. Such posted notice shall  include

    43  qualifications  required  to  exercise the right to vote, and the avail-
    44  ability at the correctional facility of assistance to apply to  register
    45  to  vote  and  to  request  an absentee ballot application.   Such chief
    46  administrative officer, or his or her designee, shall assist inmates  in
    47  applying  to  register to vote in the same manner and to the same extent
    48  as the agencies listed in section 5-211 of the election law.
    49    2. On an annual basis, thirty days before  each  primary  and  general
    50  election,  the  chief  administrative  officer,  or his or her designee,
    51  shall provide each inmate with written information about  qualifications
    52  and  procedures  for  voting  by absentee ballot and shall make absentee

    53  ballot applications available to all inmates.
    54    In the event that an inmate of a local correctional facility is tempo-
    55  rarily absent from such facility for the purpose  of  receiving  medical

        S. 1266--A                          5
 
     1  care  at  a  local  health care facility, the information required under
     2  this section shall be mailed to such inmate.
     3    §  6. The correction law is amended by adding a new section 75 to read
     4  as follows:
     5    § 75. Voting rights upon completion of sentence. 1. Upon the discharge
     6  from a correctional facility of any person who has reached  his  or  her
     7  maximum  sentence  of  imprisonment  for the conviction of a felony, the
     8  department, and, subject to their agreement, federal correctional insti-

     9  tutions in New York, shall notify such person of his  or  her  right  to
    10  vote, provide such person with a form of application for voter registra-
    11  tion  together  with  written  information  distributed  by the board of
    12  elections on the importance and the mechanics of voting and shall assist
    13  such person in registering to vote in the same manner and  to  the  same
    14  extent as the agencies listed in section 5-211 of the election law.
    15    2. The department and, subject to their agreement, federal correction-
    16  al  institutions  in  New York, shall, on or before the fifteenth day of
    17  each month, transmit to the state board of elections a  list  containing
    18  the  following  information  about  persons  age  eighteen or older who,

    19  during the preceding period, have become eligible  to  vote  because  of
    20  their discharge from imprisonment: (a) name; (b) date of birth; (c) last
    21  known  address with county of residence; and (d) driver's license number
    22  (if known) or last four digits of social security number (if known).
    23    § 7. The executive law is amended by adding a new  section  259-jj  to
    24  read as follows:
    25    §  259-jj. Voting rights upon discharge. 1. Upon discharge of a person
    26  from presumptive release, parole, or conditional release,  or  upon  the
    27  expiration  of  a  person's maximum sentence of imprisonment while under
    28  the supervision of the division of parole, the division of parole  shall
    29  notify such person of his or her right to vote, provide such person with

    30  a  form  of  application  for  voter  registration together with written
    31  information distributed by the board of elections on the importance  and
    32  the  mechanics  of voting and shall assist such person in registering to
    33  vote in the same manner and to the same extent as the agencies listed in
    34  section 5-211 of the election law.
    35    2. The division of parole shall, on or before  the  fifteenth  day  of
    36  each  month,  transmit to the state board of elections a list containing
    37  the following information about  persons  age  eighteen  or  older  who,
    38  during  the  preceding  period,  have become eligible to vote because of
    39  their discharge from presumptive release, parole or conditional release,

    40  or upon the expiration of their maximum sentence of  imprisonment  while
    41  under  the  supervision of the division of parole: (a) name; (b) date of
    42  birth; (c) last known address with county of residence; and (d) driver's
    43  license number (if known) or last four digits of social security  number
    44  (if known).
    45    §  8. Section 5-614 of the election law is amended by adding three new
    46  subdivisions 6-a, 6-b and 6-c to read as follows:
    47    6-a. Once every month, and within five  days  of  receipt,  the  state
    48  board  of  elections  shall  obtain  and  transmit  to  local  boards of
    49  elections the information provided by  the  department  of  correctional
    50  services  pursuant  to  subdivision  two  of section seventy-five of the

    51  correction law, and by the division of parole  pursuant  to  subdivision
    52  two of section two hundred fifty-nine-jj of the executive law.
    53    6-b.  Each  local  board  of elections shall use such list, within ten
    54  days after receipt, to ensure that there are no  remaining  barriers  to
    55  registration,  including  the  use of electronic codes or other forms of

        S. 1266--A                          6
 
     1  eligibility demarcation, resulting from past convictions of  the  people
     2  so listed.
     3    6-c.    Any voter registration application that was rejected after the
     4  effective date of this  subdivision  and  prior  to  the  local  board's
     5  receipt  and  processing  of  the  information described in subdivisions

     6  six-a and six-b of this section shall be reviewed upon receipt and proc-
     7  essing of such information. Any applicant that is found to be  eligible,
     8  shall be approved and the voter shall be registered and so notified.
     9    §  9.  The  election law is amended by adding a new section 3-102-a to
    10  read as follows:
    11    § 3-102-a. State board of elections; duties under  the  voting  rights
    12  notification  and  registration  act.    1. The state board of elections
    13  shall develop and implement a  program  to  educate  attorneys;  judges;
    14  employees  of  the state and local boards of elections; employees of the
    15  department of correctional services, the division of parole, the depart-
    16  ment of probation and correctional  alternatives,  and  local  probation

    17  departments  and  members  of  the  public about the requirements of the
    18  voting rights notification and registration act, ensuring that:
    19    (a) judges are informed of their obligation to notify criminal defend-
    20  ants of the potential loss and restoration of their  voting  rights,  in
    21  accordance  with  subdivision eight of section 220.50 and section 380.51
    22  of the criminal procedure law;
    23    (b) the department of correctional  services  and,  subject  to  their
    24  agreement,  federal  correctional institutions in New York, are prepared
    25  to assist people to register to vote in anticipation of their  discharge
    26  from  imprisonment, including by forwarding their completed voter regis-
    27  tration forms to the local election boards;

    28    (c) the department of correctional  services  and,  subject  to  their
    29  agreement,  federal correctional institutions in New York, and the divi-
    30  sion of parole, are prepared to transmit to the state board of elections
    31  the information specified in subdivision two of section seventy-five  of
    32  the  correction  law  and  subdivision two of section two hundred fifty-
    33  nine-jj of the executive law;
    34    (d) local correctional facilities are prepared  to  assist  people  to
    35  register to vote;
    36    (e)  probation  and parole officers are informed of the changes in the
    37  law and are prepared to notify probationers and parolees of their voting
    38  rights;
    39    (f) the language on voter registration forms makes clear  that  people

    40  are  disqualified  from voting only while they are serving a sentence of
    41  imprisonment or are on parole for a  felony  conviction  and  that  they
    42  automatically  regain  the right to register or re-register to vote upon
    43  completion of their maximum sentence of imprisonment or  discharge  from
    44  parole;
    45    (g) all local boards of elections are prepared to restore names to the
    46  computerized  statewide  voter  registration  list  in  accordance  with
    47  section 5-614 of the election law; and
    48    (h) accurate and complete  information  about  the  voting  rights  of
    49  people  who have been charged with or convicted of crimes is made avail-
    50  able through a  single  publication  to  government  officials  and  the
    51  public.

    52    2.  The  state  board of elections shall amend or promulgate pertinent
    53  rules and regulations as necessary to implement this section.
    54    § 10. This act shall take effect on the ninetieth day after  it  shall
    55  have become a law.
Go to top