Amendment ID: S2545-1-R1
Redraft Amendment 1
Protecting ballot access for eligible incarcerated people
Mr. Hinds, Ms. Rausch, Ms. Chang-Diaz, Ms. Comerford, Messrs. Eldridge and Gomez move that the proposed new draft be amended by striking out section 16 and inserting in place thereof the following section:-
“SECTION 16. Said chapter 54 is hereby further amended by inserting after section 89 the following section:-
Section 89B. (a) For the purposes of this section, “facility” shall include a correctional facility, house of correction, jail or department of youth services.
(b) The officer in charge of a facility shall:
(i) not later than 30 days prior to a presidential primary or July 15 of other even-numbered years: (A) display in prominent locations visible to individuals who are incarcerated at the facility, a poster of voting rights and procedures prepared by the state secretary; and (B) distribute to all individuals who are incarcerated at the facility and who may be eligible to vote, written information about voting rights and procedures prepared by the state secretary;
(ii) for all municipal preliminaries and elections and primaries and elections, assist an individual who is incarcerated at the facility and who may be eligible to vote in registering as a voter and in applying for a mail ballot, including as specially qualified voters, and distribute forms prepared by the state secretary for those purposes; provided, however, that assistance shall include, but not be limited to, providing an individual with access to a writing implement sufficient to properly complete the registration and application forms;
(iii) ensure the receipt, private voting, where possible, and return of mail ballots by an eligible individual who is incarcerated at the facility, including access to a writing implement sufficient to properly complete the ballots; provided, however, that an employee, contractor, agent, official or representative of the department of correction shall not open or inspect any completed mail ballot unless it is to investigate reasonable suspicion of a prohibited activity; and provided further, that the officer in charge of the facility shall ensure the mailing of completed mail ballots as soon as practicable;
(iv) provide means of tracking: (A) complaints by an individual who is incarcerated at the facility related to voting or registration issues; (B) numbers of individuals who are incarcerated who sought to vote; and (C) the outcome of their requests;
(v) appoint a subordinate officer at the facility to supervise the actions required by this section; and
(vi) not later than 14 days before every presidential and regular state primary and biennial state election, file a written report with the state secretary, in a form prescribed by the state secretary, that details the actions taken under this section; provided, however, that the report shall be a public record.
(c)(1) Prior to the expiration of the term for a person who is incarcerated in a correctional facility, the officer in charge of the facility shall provide, in writing, a document prepared by the state secretary explaining: (i) the voting rights of a person who is incarcerated in a correctional facility upon discharge from a correctional facility; and (ii) instructions for the individual to register to vote following discharge from the facility. The officer in charge of the facility shall provide the person with a voter registration form with a postage guaranteed envelope, and assistance, if requested, to complete such form.
(2) The state secretary shall transmit the document prepared pursuant to paragraph (1) to the local election officials for each city and town.
(d)(1) Not less than quarterly, the officer in charge of a facility, except for the department of youth services, shall transmit to the state secretary: (i) a list containing information about persons who are newly incarcerated in the correctional facility due to a felony conviction since the time of last reporting under this section; and (ii) a list containing information about persons who were incarcerated in the correctional facility due to a felony conviction but were discharged since the time of last reporting under this section.
(2) The lists required by paragraph (1) shall include, for each person listed: (i) name; (ii) date of birth; (iii) last 4 digits of social security number or driver's license number, if available; (iv) address on-file, including street, city or town and state; and (v) race or ethnicity, for reporting purposes.