New York A 4973: Relates to authorizing voting by incarcerated individuals in correctional facilities; repealer

Bill Text

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A04973 Summary:

BILL NOA04973 

&nbsp

SAME ASSAME AS S05972

&nbsp

SPONSORGibbs (MS)

&nbsp

COSPNSRSayegh, Levenberg, Forrest, Cruz, Bichotte Hermelyn, Taylor, Lucas, Hyndman, Tapia, Mitaynes,
 Meeks, Reyes

&nbsp

MLTSPNSRSimon

&nbsp

Amd §§5-104, 5-106, 5-400 & 5-708, rpld §5-106 subs 2 - 5, §5-708 sub 2, El L; amd §75, Cor L

&nbsp

Relates to authorizing voting by incarcerated individuals in correctional facilities; requires the department of corrections and community supervision, in collaboration with the state and county boards of election, to establish a program to facilitate incarcerated individuals voter registration and voting.

Go to top A04973 Actions:

BILL NOA04973 

&nbsp

02/10/2025referred to election law

01/07/2026referred to election law

Go to topA04973 Committee&nbspVotes:

Go to topA04973 Floor&nbspVotes:

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

Go to topA04973 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4973

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 Introduced by M. of A. GIBBS, SAYEGH, LEVENBERG, FORREST, CRUZ,
 BICHOTTE HERMELYN, TAYLOR, LUCAS, HYNDMAN, TAPIA, MITAYNES, MEEKS --
 Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the
 Committee on Election Law

 AN ACT to amend the election law and the correction law, in relation to
 authorizing voting by incarcerated individuals in correctional facili-
 ties; and to repeal certain provisions of the election law relating
 thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 5-104 of the election law is amended by adding a
 2 new subdivision 1-a to read as follows:
 3 1-a. An incarcerated individual voting while incarcerated in a state
 4 or local correctional facility shall be considered a resident of the
 5 county, city, town and/or village such incarcerated individual resided
 6 in prior to their incarceration.
 7 § 2. Subdivisions 2, 3, 4 and 5 of section 5-106 of the election law
 8 are REPEALED and subdivision 6 is renumbered subdivision 2.
 9 § 3. Subdivision 1 of section 5-400 of the election law, as amended by
 10 chapter 659 of the laws of 1994, paragraph (a) as amended by chapter 3
 11 of the laws of 2019, is amended and a new subdivision 1-a is added to
 12 read as follows:
 13 1. A voter's registration, including the registration of a voter in
 14 inactive status, shall be cancelled if, since the time of [his] such
 15 voter's last registration, [he] such voter:
 16 (a) Moved [his or her] their residence outside the state.
 17 (b) [Was convicted of a felony disqualifying him from voting pursuant
 18 to the provisions of section 5-106 of this article.
 19 (c)] Has been adjudicated an incompetent.
 20 [(d)] (c) Refused to take a challenge oath.
 21 [(e)] (d) Has died.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00819-01-5

 A. 4973 2

 1 [(f)] (e) Did not vote in any election conducted by the board of
 2 elections during the period ending with the second general election at
 3 which candidates for federal office are on the ballot after [his] such
 4 voter's name was placed in inactive status and for whom the board of
 5 elections did not, during such period, in any other way, receive any
 6 information that such voter still resides in the same county or city.
 7 [(g)] (f) Personally requested to have [his] their name removed from
 8 the list of registered voters.
 9 [(h)] (g) For any other reason, is no longer qualified to vote as
 10 provided in this chapter.
 11 1-a. A voter's registration shall not be cancelled while such voter is
 12 incarcerated in a state or local correctional facility.
 13 § 4. Subdivision 2 of section 5-708 of the election law is REPEALED
 14 and subdivisions 3, 4, 5, 6 and 7, subdivision 3 as renumbered by chap-
 15 ter 659 of the laws of 1994, are renumbered subdivisions 2, 3, 4, 5 and
 16 6.
 17 § 5. Subdivision 3 of section 5-708 of the election law, as amended by
 18 chapter 659 of the laws of 1994 and as renumbered by section four of
 19 this act, paragraph a as amended by chapter 200 of the laws of 1996, is
 20 amended to read as follows:
 21 3.