The document provides information about voting rights for people with criminal records in New York State. It states that those on probation or parole, as well as people convicted of misdemeanors, can vote. However, if incarcerated for a felony as part of probation or parole, one needs a certificate. It also explains how and where to register to vote, and lists organizations to contact if registration is denied.
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1. VOTING RIGHTS OF PEOPLE IN NEW YORK WITH CRIMINAL RECORDS Created by the Legal Action Center for the NYS Division of Probation and Correctional Alternatives (DPCA) October 2008
3. General Requirements To vote in New York, you must have registered to vote and: Be at least 18 years old by the date of the election you want to vote in Be a citizen of the United States Be a resident of New York State Live at your present address at least 30 days before an election
4. You May Be Able to Vote If You Have a Criminal Record
5. You CAN Vote If: You have been adjudicated (found to be) a Youthful Offender.
6. You CAN Vote If: YOU HAVE BEEN CONVICTED OF A MISDEMEANOR even if you are still in jail. (Voting in jail is done by absentee ballot)
7. You CAN Vote If: You are on probation or conditional discharge, even for a felony conviction. But if you are serving jail time for a felony as part of probation or conditional discharge, you need a certificate of relief from disabilities.
8. You CAN Vote If: You are on local conditional release. But if you are on local conditional release for a felony , you need a certificate of relief from disabilities.
9. You CAN Vote If: You are convicted of a felony and have served your maximum sentence of imprisonment (maxed out).
10. You CAN Vote If: You have been discharged from parole.
11. You CAN Vote If: You are on parole and have: a certificate of relief from disabilities or a certificate of good conduct.
12. To Find Out if You Are Eligible for a Certificate of Relief from Disabilities or a Certificate of Good Conduct Call the Legal Action Center at 212-243-1313 or visit their website at www.lac.org Visit LawHelp at www.lawhelp.org/ny , or Ask your probation or parole officer.
14. You CAN Vote If You Are in Jail If: You are awaiting trial, or You have been convicted of a violation or a misdemeanor, or You are in jail for a felony (and not going to prison) and you have a certificate of relief from disabilities. (You cannot vote if you are in prison or in jail and on your way to prison.)
15. If You Are in Jail and Eligible to Vote: You must vote by absentee ballot.
16. To Obtain an Application for an Absentee Ballot: Visit the New York State Board of Elections Website at: http://www.elections.state.ny.us/
17. Voter Registration It is necessary that you be registered to vote. You may need to register again to vote if you have been in prison or jail for a felony. To find out if you are registered, visit the New York State Board of Elections Website at: http:// www.elections.state.ny.us /
19. Q: Can a person on probation vote in New York? A: Yes , even if convicted of a felony. But if a person is in jail (not prison) as part of a felony probation sentence, he or she needs a certificate of relief from disabilities. (Voting in jail is done by absentee ballot)
20. Q: Can a person on conditional discharge vote in New York? A: Yes , even if convicted of a felony. But if a person is in jail (not prison) as part of a conditional discharge for a felony, he or she needs a certificate of relief from disabilities. (Voting in jail is done by absentee ballot)
21. Q: Can a person convicted of a misdemeanor vote in New York? A: Yes. Anyone convicted of a misdemeanor can vote in New York; if she or he is in jail, this can occur by absentee ballot.
22. Q: Can a person no longer on parole vote in New York? A: Yes.
23. Q: Can a person on parole vote in New York? A: Yes, but only if he or she gets a certificate of relief from disabilities or a certificate of good conduct.
24. Q: Can a person on local conditional release vote in New York? A: Yes, but if on local conditional release for a felony , only if he or she gets a certificate of relief from disabilities.
25. Q: Can a person vote in New York if she or he is in jail? A: Maybe. A person in jail may vote by absentee ballot if: convicted of a violation or misdemeanor, or awaiting trial, or in jail for a felony (and not going to prison) and he or she has a certificate of relief from disabilities.
26. Q: Can a person vote in New York if she or he is in prison? A: No. A person in prison or in jail convicted of a felony and on the way to prison cannot vote.
28. Why Do You Need to Know This Information? Because, in 2006, a survey by the Brennan Center found 1 in 3 election boards in New York did not allow eligible voters to vote because they had a felony record. If you know your rights, you can protect yourself.
29. Why Your Vote Matters Voting gives you a voice on issues like employment, housing, health care, and your childrens education. By voting, you support your community and can better ensure those living in your community and your communitys interests are represented.
30. Why Your Vote Matters We know that Americans of good will have learned that no nation can long continue to flourish or to find its way to a better society while it allows any one of its citizens...to be denied the right to participate in the most fundamental of all privileges of democracy - the right to vote. - Dr. Martin Luther King, Jr. (Civil Rights No. 1: The Right to Vote, The New York Times, March 14, 1965.)
32. Which Documents Do I Need to Bring to Register to Vote? You do NOT need to bring any documents to register to vote.
33. Where Can I Register to Vote? At your local county Board of Elections By calling 1-800-FOR-VOTE to request an application Download the form or complete it online at www.elections.state.ny.us , print it and mail it to your local Board of Elections At the DMV, CUNY and SUNY campuses, VESID, Department of Health and other government agencies
34. How to Contact Your Local Board of Elections in New York City Manhattan: 200 Varick St., 10 Fl New York, NY 10014 Tel: (212) 886-2100 Bronx: 1780 Grand Concourse, 5 Fl Bronx, NY 10457 Tel: (718) 299-9017 Queens: 126-06 Queens Boulevard Kew Gardens, NY 11415 Tel: (718) 730-6730 Staten Island 1 Edgewater Plaza, 4 Fl Staten Island, NY 10305 Tel: (718) 876-0079 Brooklyn: 345 Adams Street, 4 Fl Brooklyn, NY 11201 Tel: (718) 797-8800
35. SECTION IV: What Can I Do If I Have Problems Registering to Vote?
36. If You Are Denied the Right to Register to Vote in New York City, Please Contact One of the Organizations Listed Below: Legal Action Center (212)243-1313 Voter Enfranchisement Project at Bronx Defenders (718)838-7878 Election Protection Hotline 1-866-OUR-VOTE Brennan Center (212)998-6730
37. Who to Contact if You Are Denied the Right to Register Outside New York City Center for Law and Justice Albany, NY (518)427-8351 Legal Action Center (212)243-1313 Election Protection Hotline 1-866-OUR-VOTE Brennan Center (212)998-6730
Editor's Notes
#4: Edits: * added language as to being registered to vote * deleted language as to by December 31 st of the 18 th year as this refers to pre-registering * added relevant information as to being 18 by the date of the election for which voting.
#7: Edits: Original slide stated you can vote if you are on probation even if you are on probation for a felony conviction. This is an oversimplification of the law. 際際滷 revised to refer to misdemeanors and felonies, include reference to probation, conditional discharge, shock probation or shock conditional discharge- often referred to as split sentence, and local conditional release. Tried to be clearer as to imprisonment being completed. Not sure if should distinguish out of state crime constituting a felony in NYS
#10: Edits: Deleted language referring only to prison sentence Added language referring to felons and if still serving sentence of imprisonment and have received a certificate of relief from disabilities or certificate of good conduct
#12: Question: Does Board of Parole give everyone issued a certificate the right to vote?
#14: Edit: Made changes consistent with Election Law 則5-106(2)
#15: Edit: Added reference to felony conviction and certificate.
#16: Question: Does Board of Parole give everyone issued a certificate the right to vote?
#18: Edit: New slide to ensure offenders know of need to register, check registration and reregister if necessary
#20: Edit: Made reference to conditional discharge Also clarified as to if serving a sentence of imprisonment with respect to probation or conditional discharge, there is a need to secure a necessary certificate to vote.
#21: Edit: Made reference to conditional discharge Also clarified as to if serving a sentence of imprisonment with respect to probation or conditional discharge, there is a need to secure a necessary certificate to vote.