Res. No. 459
Resolution calling on the New York State Legislature to pass, and the Governor to sign, S.440/A.2121, in relation to voting rights and access for incarcerated individuals
By Council Members Brooks-Powers and Louis
Whereas, The right to vote is a fundamental pillar of democracy and a core component of civic participation that should be protected and facilitated for all eligible citizens; and
Whereas, According to the Vera Institute’s April 10, 2026 Snapshot of the NYC Jail Population, of the 6,631 persons in Department of Correction (DOC) custody on Rikers Island and other facilities, the overwhelming majority (5,681 persons or more than 85%) are awaiting trial; and
Whereas, Under New York Election Law section 5-106, individuals detained in local jails who are awaiting trial or serving sentences for non-felony offenses retain their legal right to vote; and
Whereas, Despite this legal eligibility, many individuals in custody face substantial practical barriers that prevent them from registering to vote and casting a ballot, including limited access to information, administrative hurdles, and logistical challenges associated with detention; and
Whereas, The current reliance on absentee voting as the primary method for incarcerated individuals to participate in elections has proven insufficient to ensure consistent and meaningful access to the ballot; and
Whereas, Gaps in coordination between election authorities and correctional institutions have resulted in inconsistent practices across facilities, delays in the distribution and return of voting materials, and a lack of transparency in tracking voter participation; and
Whereas, Data cited during Council testimony on April 14, 2026 from the Vote in New York City Jails coalition and formerly incarcerated advocates shows significant gaps between eligibility and actual ballot participation, including reports that fewer than 10% of eligible individuals ultimately cast ballots in some election cycles, reflecting breakdowns in the absentee voting pipeline; and
Whereas, Coalition testimony further indicated that voter education materials are often not readily visible or accessible on jail-issued tablets, with civic information described as difficult to locate and inconsistently available across facilities and housing units, with some units receiving limited or no direct outreach during certain election cycles; and
Whereas, The absence of standardized procedures and accountability mechanisms has contributed to confusion regarding voter eligibility and access, leaving many eligible individuals effectively disenfranchised despite their legal rights; and
Whereas, Witnesses further testified at the recent Council hearing on this topic that misinformation about eligibility remains common among detained individuals, with many incorrectly believing that prior convictions automatically disqualify them from voting despite state law protections; and
Whereas, Advocates described challenges related to population movement within facilities, including transfers between housing units or buildings that can disrupt voter outreach, ballot delivery, and follow-up communication; and
Whereas, Testimony from formerly incarcerated individuals and legal service providers called for expanded civic education, including regular and structured programming within facilities, noting that current efforts are largely dependent on outside organizations rather than institutionalized programming; and
Whereas, The Executive Director of the Board of Elections made clear his testimony that the Board of Elections will process voter registrations and ballot applications that it received, but will not coordinate or collaborate with DOC on a proactive plan to conduct Board-of-Elections-led voter registration drives, nor deploy a poll site or an in-person absentee ballot distribution and collection program ahead of future elections, absent a change in state law that directing them to do so; and
Whereas, S.440, sponsored by New York State Senator Zellnor Myrie, and A.2121, sponsored by New York State Assemblymember Latrice Walker, would establish a comprehensive and uniform framework to facilitate voting access for eligible individuals in correctional facilities, including authorizing the use of poll sites, strengthening absentee ballot processes, and requiring coordination between election and correctional officials; and
Whereas, This legislation provides local election authorities with flexible tools to meet the needs of diverse jurisdictions, while also establishing baseline standards to ensure that eligible voters in custody are afforded a meaningful opportunity to participate in elections; and
Whereas, S.440/A.2121 seeks to promote greater transparency and accountability by clarifying roles and responsibilities, improving data collection, and ensuring that voting access is not dependent on ad hoc or inconsistent practices; and
Whereas, This legislation also recognizes the unique challenges posed by large and complex jail systems, such as those in New York City, and calls for enhanced measures to address scale, language access, disability accommodations, and timely delivery of voting services; and
Whereas, By strengthening coordination between state and local agencies, this legislation would help ensure that eligible individuals in custody are provided with accurate information, timely access to voting materials, and the support necessary to successfully cast a ballot; and
Whereas, Expanding voting access within correctional facilities aligns with New York’s longstanding commitment to protecting civil rights and promoting fair and inclusive democratic participation; now, therefore, be it
Resolved, that the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, S.440/A.2121, in relation to voting rights and access for incarcerated individuals.
CMB
LS#23509
4/28/26