New York A 7857: Relates to polling places in detention facilities and the voting rights and status of incarcerated persons

Bill Text

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A07857 Summary:

BILL NOA07857 

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SAME ASNo Same As

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SPONSORWalker

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COSPNSRTaylor

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MLTSPNSR

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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

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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 Actions:

BILL NOA07857 

&nbsp

04/11/2025referred to election law

01/07/2026referred to election law

Go to topA07857 Committee&nbspVotes:

Go to topA07857 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07857 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 th