Proposed Int. No. 786-A
By Council Members Brooks-Powers, Epstein, Williams, Won, Brewer, Salaam, Schulman, Joseph, Louis, Restler, Maloney, Narcisse, Farías and the Public Advocate (Mr. Williams)
A Local Law to amend the New York city charter, in relation to procedures for early mail and absentee ballots for voters in department of correction custody
Be it enacted by the Council as follows:
Section 1. Subdivision 9 of section 1057-a of chapter 46 of the New York city charter, as amended by chapter 481 of the laws of New York for the year 2023, is amended to read as follows:
9. a. (1) In addition to the other requirements of this section, the department of correction shall implement and administer a program of distribution and submission of early mail and absentee ballot applications, and subsequently received early mail or absentee ballots, for eligible incarcerated individuals. Such department shall offer, to all incarcerated individuals who are registered to vote, early mail and absentee ballot applications, and a means to complete them, during the period from [sixty] 60 days prior to any primary, special, or general election in the city of New York until [two] 2 weeks prior to any such election. Such department shall subsequently provide any early mail or absentee ballot received from the board of elections in response to any such application to the applicable incarcerated individual, as well as a means to complete it.
(2) If an incarcerated individual requests that the department of correction transmit such individual’s early mail or absentee ballot to the board of elections, prior to the transmission of such ballot, the department shall check whether such individual’s ballot affirmation envelope: (i) is signed by such individual; (ii) is dated; (iii) where applicable, is signed by the person who provided such individual assistance with completing such ballot; and (iv) to the extent practicable, contains a ballot. Such department shall provide such incarcerated individual an opportunity and the means to correct any defect identified by such department pursuant to this subparagraph prior to transmission of such ballot.
(3) [Such] The department of correction shall provide assistance to any [such] incarcerated individual in filling out [such] an early mail or absentee ballot application, or an early mail or absentee ballot, upon request. Such department shall, not later than [five] 5 days after receipt, transmit such completed applications and ballots from any incarcerated individual who wishes to have them transmitted to the board of elections for the city of New York.
b. The provisions of this subdivision shall not apply in any specific instance in which the department deems it unsafe to comply therewith.
§ 2. This local law takes effect 120 days after it becomes law.
JMF
LS #22555
10/14/2026 7:59 PM