BILL NUMBER: S3791
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the education law and the town law, in relation to clar-
ifying that individuals have the ability to vote by absentee ballot
where their maximum sentence of imprisonment has expired
 
PURPOSE:
This legislation makes conforming changes to the education law and the
town law to ensure that the "statement of the absentee voter" printed on
an absentee ballot envelope is consistent with the existing election law
provision regarding the ability of a person to vote once they have
completed their maximum sentence of imprisonment or have been discharged
from parole.
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph b of subdivision 5 of section 2018-a of the
education law, as amended by section 8 of part LL of chapter 56 of the
laws of 2010 which adds language to the statement of absentee voter form
to include that the maximum sentence of imprisonment has expired or
discharged from parole.
Section 2 amends paragraph b of subdivision 6 of section 2018-b of the
education law as amended by section 9 of part LL of chapter 56 of the
laws of 2010 which adds language to the statement of absentee voter form
to include that the maximum sentence of imprisonment has expired or
discharged from parole.
Section 3 amends paragraph b of subdivision 5 of section 84-a of the
town law as amended by section 10 of part LL of chapter 56 of the laws
of 2010 which adds language to the statement of absentee voter form to
include that the maximum sentence of imprisonment has expired or
discharged from parole.
Section 4 amends paragraph b of subdivision 5 of section 175-b of new
town law, as amended by section 11 of part LL of chapter 56 of the laws
of 2010 which adds language to the statement of absentee voter form to
include that the maximum sentence of imprisonment has expired or
discharged from parole.
Section 5 amends paragraph b of subdivision 5 of section 213-b of new
town law, as amended by section 12 of part LL of chapter 56 of the laws
of 2010 which which adds language to the statement of absentee voter
form to include that the maximum sentence of imprisonment has expired or
discharged from parole.
Section 6 provides the effective date.
 
JUSTIFICATION:
Election law § 5-106(2) provides that a person convicted of a felony and
incarcerated is not eligible to vote. However, the right to vote is
automatically restored once an individual has completed their maximum
sentence of imprisonment. The "statement of absentee voter printed on
the envelope of the absentee ballot according to the education law and
town law is inconsistent with § 5-106 of the election law. Therefore,
this bill amends the education law and town law by adding the language
from § 5-105 of the election law to clarify that a person can vote once
their maximum sentence of imprisonment has expired or have been
discharged from parole.
 
LEGISLATIVE HISTORY:
S3047 of 2023-24: Referred to Education.
S265 of 2021-22: Referred to Education.
S7529 of 2019-20: Committed to Rules.
S8617 of 2017-18: Referred to Education.
S1011 of 2015-16: Referred to Education.
S1368 of 2013-14: Referred to Education.
S376 of 2011-12: Committed to Rules.
S4737-A of 2009;10: Committed to Elections.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3791: 2018-a education law, 2018-a(5) education law, 2018-b education law, 2018-b(6) education law, 84-a town law, 84-a(5) town law, 175-b town law, 175-b(5) town law, 213-b town law, 213-b(5) town law