New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.181 - Executive Order No. 181: Restoring the Right to Vote for New Yorkers on Parole

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the right to vote is a fundamental tenet of our
					 democracy and the underpinning of a representative government;
WHEREAS, the Fifteenth Amendment to the United States
					 Constitution prohibits the federal and state governments from denying a citizen
					 the right to vote based on race, color, or previous condition of
					 servitude;
WHEREAS, under the Election Law of the State of New York,
					 no person who has been convicted of a felony, may register for or vote at any
					 election unless they have been pardoned or restored to the rights of
					 citizenship by the governor, or their maximum sentence of imprisonment has
					 expired, or they have been discharged from parole;
WHEREAS, tens of thousands of New Yorkers who are living in
					 the community while on parole are disenfranchised as a result of a prior
					 conviction and their status on parole;
WHEREAS, these individuals are active participants in
					 society at large who, despite the limitations placed on them by parole
					 conditions, work, pay taxes, and support their families and should be permitted
					 to express their opinions about the choices facing their communities through
					 their votes;
WHEREAS, the disenfranchisement of individuals on parole
					 has a significant disproportionate racial impact thereby reducing the
					 representation of minority populations;
WHEREAS, research indicates a strong positive correlation
					 between the civic engagement associated with voting and reduced rates of
					 recidivism, which improves public safety for all New Yorkers;
WHEREAS, restoration of the right to vote is an important
					 aspect of the reintegration of individuals under parole supervision back into
					 society to become law-abiding and productive citizens;
WHEREAS, New Yorkers who are sentenced to a term of
					 probation are allowed to vote in any election, while New Yorkers on parole are
					 not, even though both individuals on probation and parole are serving sentences
					 in the community and operating under similar restrictions;
WHEREAS, Article IV, Section 4 of the Constitution of the
					 State of New York authorizes the Governor of New York through his pardon power
					 to restore the rights of citizenship that were forfeited by reason of
					 conviction and a sentence of incarceration;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by the power vested in me by the laws and the Constitution of the
					 State of New York, do hereby order and direct as follows:
I. From this date forward, individuals being
				  released from incarceration onto parole supervision and individuals who are
				  currently under parole supervision will be given consideration for a
				  conditional pardon that will restore voting rights without undue delay.
				  Effective immediately, the Commissioner of the Department of Corrections and
				  Community Supervision shall submit a record of individuals who are currently
				  under parole supervision to the Governor"TMs Office. Beginning May 1, 2018, the
				  Commissioner shall submit a monthly record of individuals who have been
				  released from prison onto parole supervision in the prior month. Each
				  individual on the eligible list will be reviewed to determine whether he or she
				  will be granted a pardon that will restore voting rights.
II. Notwithstanding this executive order,
				  offenders may still apply for a Certificate of Relief from Disabilities for a
				  restoration of citizenship rights pursuant to New York Correction Law Article
				  23. All applications, unless withdrawn, will be processed according to the
				  procedures set forth in New York Correction Law.
III. The pardons following this executive
				  order, and all future restorations of voting rights, shall not include rights
				  with respect to the receipt, transportation, or possession of firearms as
				  provided by New York State Penal Law Section 400, nor shall it relieve an
				  individual of any unpaid restitution, fine, or other financial obligation
				  resulting from a conviction, nor shall it restore the right to hold public
				  office, nor shall the order cause the underlying conviction to be
				  sealed.
IV. This executive order,
				  and all future restorations of voting rights, shall not be construed as a
				  remission of guilt or forgiveness of the offense and shall not function as a
				  bar to greater penalties for future offenses. Nothing in the executive order
				  shall be construed to contravene any applicable state or federal law.