NEW YORK: The New York City Council is set to vote on legislation from Public Advocate Jumaane D. Williams and Criminal Justice Committee Chair Council Member Selvena Brooks-Powers that would address one of the most disenfranchised voting groups in the city – incarcerated New Yorkers.
There are close to 7,000 people in city jails, most of whom are being detained pre-trial or serving time for misdemeanors and therefore eligible to vote. Despite this, only a fraction of the incarcerated population in jails successfully cast a ballot. These bills, which would take effect ahead of the next election cycle, aim to address that disparity.
“We would not accept the systemic disenfranchising of eligible voters anywhere else in the city, yet it goes largely unseen and unchallenged in our jails,” said Public Advocate Jumaane D. Williams. “Barriers to meaningful ballot access for incarcerated New Yorkers excludes thousands of voices, the vast majority of which are Black and Brown. In many ways, Rikers Island is evidence of failures of government leadership, yet so many of the people detained there have no voice in changing that government or holding it accountable. I am proud to advance Int. 797 alongside Int. 786, sponsored by Council Member Selvena N. Brooks-Powers, to understand the voting landscape in Rikers, hold our city accountable for gaps in voter outreach, and ensure every ballot is counted.”
As there are no polling sites at Rikers, detained voters must rely on the absentee ballot process, which is the responsibility of the Board of Elections (BOE) and Department of Correction (DOC). Advocates report several issues in this process, including routine rejections of completed registration forms, absentee ballot requests, and completed ballots from eligible incarcerated New Yorkers.
While a person whose ballot was rejected would normally be notified and given an opportunity to address any errors, those notices usually go to addresses outside of the jail and are not received by incarcerated voters. As the vast majority of the Rikers population is Black and Brown, these gaps in the absentee ballot system particularly fails and disenfranchises communities of color who are disproportionately impacted by the criminal legal system. Expanding ballot access would not only strengthen voting rights for incarcerated New Yorkers, but also support public safety efforts to address mass incarceration of these communities, as voting has been related to reduced recidivism.
To strengthen voting access and accountability of voter outreach efforts conducted by DOC and BOE, the Council will vote on the following bills:
The Public Advocate’s bill, Intro 797-A, would require DOC to annually report on the number of voter registration and voting activities in city jails, including the numbers of completed voter registration forms, absentee ballots distributed to incarcerated individuals, and events held to promote voting. They would also be required to report demographic information for people returning voter registration forms to the Department. The first report would be due in July of 2027, to be submitted to the Mayor, Speaker of the Council, and posted on the department’s website.
“We would not accept the systemic disenfranchising of eligible voters anywhere else in the city, yet it goes largely unseen and unchallenged in our jails,” said Public Advocate Jumaane D. Williams. “Barriers to meaningful ballot access for incarcerated New Yorkers excludes thousands of voices, the vast majority of which are Black and Brown. In many ways, Rikers Island is evidence of failures of government leadership, yet so many of the people detained there have no voice in changing that government or holding it accountable. I am proud to advance Int. 797 alongside Int. 786, sponsored by Council Member Selvena N. Brooks-Powers, to understand the voting landscape in Rikers, hold our city accountable for gaps in voter outreach, and ensure every ballot is counted.”
Council Member Brooks-Powers’ bill, Intro 786-A, would require DOC to check ballot envelopes for curable defects, including dates and signatures by the voter and anyone who assisted the voter. They would also be required to notify the voter of any defects and give them the opportunity and the means to correct them before the ballot is sent.
“The right to vote does not end at the doors of our City’s jails, yet too many eligible New Yorkers continue to face barriers that prevent them from fully participating in our democracy,” said Council Member Selvena N. Brooks-Powers, Chair of the Committee on Criminal Justice. “As Chair, I believe we have a responsibility to ensure that the rights of those in our custody are not only recognized, but meaningfully protected. Together, Intro. 786-A and Intro. 797-A take important steps toward that goal by strengthening procedures to help incarcerated voters correct ballot errors, improving transparency around voter participation, and holding our City accountable for addressing gaps in the process. I am proud to partner with Public Advocate Jumaane Williams to advance these measures and reaffirm our commitment to ensuring that every eligible New Yorker has a fair opportunity to make their voice heard and their vote count.”
In the absence of a polling site on Rikers Island itself, which would secure true accessibility by empowering those detained to vote in person, these bills mark an important step towards ensuring the current system upholds fundamental voting access for incarcerated New Yorkers.