New York Senate Bill 2754

This is the bill text as downloaded on May 2, 2006 to include the December 2005 amendment. If anyone knows how to permanently link to New York bills, please let me know.-Peter Wagner

Election Law
TITLE....Directs the state board of elections to obtain residential data on incarcerated persons to be used in creating congressional, assembly, and senate districts
12/16/05 PRINT NUMBER 2754A


Add S3-112, El L
Directs the state board of elections to obtain residential data on incarcerated persons to be used in creating congressional, assembly, and senate districts on the basis of their residence prior to incarceration, as required by law.
                STATE OF NEW YORK
                               2005-2006 Regular Sessions
                    IN SENATE
                                    February 25, 2005
          SERRANO, A. SMITH, STAVISKY -- read twice  and  ordered  printed,  and
          when  printed to be committed to the Committee on Elections -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
        AN ACT to amend the election law, in relation to the residential classi-
          fication of certain incarcerated persons
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The legislature notes that section 4 of article II  of  the
     2  constitution  provides  in  pertinent  part  as  follows:  "§ 4. For the
     3  purpose of voting, no person shall be deemed to have gained  or  lost  a
     4  residence...while confined in any public prison."  Likewise, subdivision
     5  1  of  section  5-104  of the election law provides in pertinent part as
     6  follows: "For the purpose of registering and voting no person  shall  be
     7  deemed to have gained or lost a residence...while confined in any public
     8  prison."
     9    Despite  these provisions, investigation has shown that many incarcer-
    10  ated persons are being classified for purposes of residency as residents
    11  of their places of incarceration rather than as residents of their plac-
    12  es of residence prior to incarceration. The provisions of this  act  are
    13  necessary to provide procedures and duties to correct these errors.
    14    § 2. The election law is amended by adding a new section 3-112 to read
    15  as follows:
    16    § 3-112. Prisoner census adjustment. 1. The provisions of this section
    17  shall  apply  only  to,  and  the  information obtained pursuant to this
    18  section shall be used  in,  the  creation  of  congressional,  assembly,
    19  senate, and county legislative body districts.
    20    2.    Not  later  than  the next September first following the date on
    21  which the tract-level population counts for this state from the  federal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

S. 2754--A 2

1 decennial census are released by the director of the bureau of the 2 census of the United States department of commerce, the state board of 3 elections shall prepare and disseminate adjusted population counts for 4 each geographic unit included in the census counts as provided by this 5 section. 6 3. (a) Not later than June first of the year in which the federal 7 decennial census is conducted, each state agency and local governmental 8 entity in this state that operates a facility for the incarceration of 9 persons convicted of a criminal offense, including a mental health 10 institution for those persons, or that places any person convicted of a 11 criminal offense in a private facility to be incarcerated on behalf of 12 the state agency or governmental entity, shall submit a report to the 13 state board of elections with the following information: 14 (1) The name of each person incarcerated in a facility operated by the 15 state agency, governmental entity, or in a private facility on behalf of 16 the state agency or governmental entity on the date for which the census 17 reports population who completed a census form, responded to a census 18 inquiry, or was included in any report provided to census officials, if 19 the form, response, or report indicated that the person resided at the 20 facility on that date. 21 (2) The age, sex, and race of each person included in the report. 22 (3) The last address at which the person resided before the person's 23 current incarceration. 24 (b) Each governmental entity required to make a report under paragraph 25 (a) of this subdivision shall ensure that it collects and maintains the 26 information required to make the report. 27 4. The state board of elections shall request each agency that oper- 28 ates a federal facility in this state that incarcerates persons 29 convicted of a criminal offense to provide the state board of elections 30 with a report including the information listed in paragraph (a) of 31 subdivision three of this section for persons convicted of an offense in 32 this state. 33 5. For each person included in a report received under subdivisions 34 three and four of this section, the state board of elections shall 35 determine the geographic units for which population counts are reported 36 in the federal decennial census that contain the last address at which 37 the person resided before the person's incarceration according to the 38 report and, if that address is in this state: 39 (a) Adjust all relevant population counts reported in the census, 40 including populations by age, sex, and race, as if the person resided at 41 that address on the day for which the census reports population. 42 (b) Eliminate the person from all applicable population counts 43 reported in the federal decennial census for the geographic units that 44 include the facility at which the person was incarcerated on the day for 45 which the census reports population. 46 6. Upon the completion of the compilation of the information required 47 pursuant to this section, the state board of elections shall promptly 48 make a report thereof available to the legislative task force on demo- 49 graphic research and reapportionment, all local boards of election, all 50 county legislative bodies, and the public. The legislative task force 51 on demographic research and reapportionment shall utilize such informa- 52 tion in the creation of congressional, assembly, and senate districts. 53 All county legislative bodies shall utilize such information in the 54 creation of county legislative body districts. 55 § 3. This act shall take effect immediately.

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