Provides for the re-enfranchisement of voters with felony convictions by repealing certain provisions in the election law.

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S1732-2011 Actions

• Jan 4, 2012: REFERRED TO ELECTIONS
• Jan 11, 2011: REFERRED TO ELECTIONS

S1732-2011 Memo

BILL NUMBER:S1732

TITLE OF BILL:
An act
to amend the election law, in relation to qualifications of voters
convicted of a felony; and repealing certain provisions of such law
relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
To provide re-enfranchisement for voters with felony convictions.

SUMMARY OF SPECIFIC PROVISIONS:
Eliminates conviction for a felony as grounds for disqualification
from voting.

JUSTIFICATION:
Voting is a right, not a privilege, possessed by every American
citizen 18 years and older, and protected by the constitution of the
United States. The constitution denies voting rights only to
non-citizens and individuals convicted of treason, although the tenth
amendment allows states to set other reasonable standards of
disqualification.

Beginning in the 1870s, felony disqualification was used by states to
deny voting rights to newly freed slaves. Along with the Black Codes
and extra legal obstacles, this practice denied an entire class of
Americans the free exercise of their right to vote. Numerous Supreme
Court decisions and the voting Rights Act of 1965 allowed
African-Americans to fully realize their rights to vote.
Consequently, black political representation multiplied all across
America, from city halls to state legislatures to the United States
Congress.

Today, felony disenfranchisement remains a stain on the fabric of
American democracy. Felony offenders; serving prison sentences are
under the care, custody and control of state and federal corrections
officials. In New York state, over 124,000 citizens are currently
denied their voting rights. Disenfranchisement falls particularly
heavily on minorities;
Latinos make up 33% of the disenfranchised while only making up 10.46%
of the citizen voting age population. Moreover, due to
disenfranchisement policy, it is estimated that over 15,000 veterans
in New York state are currently banned from exercising their right to
vote. Amnesty International has issued reports criticizing the
American prison system. The State Assembly has held hearings on the
conditions in state correctional facilities.

Restoration of voting rights to felony offenders will confer a sense
of dignity and citizenship to persons we seek to punish for their
crime and rehabilitate to rejoin society. Enhancing every American's
right to vote
is the true duty of patriotism.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.2287/A.2116 - REFERRED TO ELECTIONS/Referred to Election
Law


2007:    S.3782
2006:    S.1355

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1732-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1732

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 11, 2011
                                 ___________

  Introduced by Sens. PARKER, DIAZ, DILAN, DUANE, HASSELL-THOMPSON, KRUEG-
    ER,  MONTGOMERY,  SAMPSON  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Elections

  AN ACT to amend the election  law,  in  relation  to  qualifications  of
    voters convicted of a felony; and repealing certain provisions of such
    law relating thereto

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivisions 2, 3, 4 and 5 of section 5-106 of the election
  law are REPEALED and subdivision 6 is renumbered subdivision 2.
    S 2. Subdivision 1 of section 5-400 of the election law, as amended by
  chapter 659 of the laws of 1994, is amended to read as follows:

    1. A voter's registration, including the registration of  a  voter  in
  inactive  status,  shall  be  cancelled if, since the time of his OR HER
  last registration, he OR SHE:

    (a) Moved his OR HER residence outside the city or county in which  he
  OR SHE is registered.
    (b)  [Was convicted of a felony disqualifying him from voting pursuant
  to the provisions of section 5-106 of this article.
    (c)] Has been adjudicated an incompetent.
    [(d)] (C) Refused to take a challenge oath.
    [(e)] (D) Has died.
    [(f)] (E) Did not vote in any  election  conducted  by  the  board  of
  elections  during  the period ending with the second general election at
  which candidates for federal office are on the ballot after his  OR  HER
  name  was  placed in inactive status and for whom the board of elections
  did not, during such period, in any other way, receive  any  information
  that such voter still resides in the same county or city.
    [(g)]  (F)  Personally  requested to have his OR HER name removed from
  the list of registered voters.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01752-01-1

 S. 1732                             2

    [(h)] (G) For any other reason, is no  longer  qualified  to  vote  as
  provided in this chapter.
    S  3.  Subdivision  2 of section 5-708 of the election law is REPEALED
  and subdivisions 3, 4, 5, 6 and 7 are renumbered 2, 3, 4, 5 and 6.
    S 4. This act shall take effect immediately.