Can Felons Vote in New York?
Yes, you can vote in New York with a felony conviction as long as you are not currently incarcerated. Your voting rights are automatically restored upon release from prison — you can vote while on parole, post-release supervision, or probation. Register or re-register at the NY State Board of Elections website or your county board of elections.
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Overview
New York automatically restores voting rights when a person is released from incarceration for a felony conviction. Since 2021, people on parole or post-release supervision can vote. Prior to the 2021 law (S830B), Governor Cuomo's Executive Order No. 181 (2018) used the pardon power to restore voting rights to people on parole on a rolling basis. The 2021 legislation codified this into permanent law. People on probation have always been able to vote in New York. The only New Yorkers with felony convictions who cannot vote are those currently incarcerated in a state or federal prison or a local jail serving a felony sentence.
Quick Answer
Yes, you can vote in New York with a felony conviction as long as you are not currently incarcerated. Your voting rights are automatically restored upon release from prison — you can vote while on parole, post-release supervision, or probation. Register or re-register at the NY State Board of Elections website or your county board of elections.
Can vote
- ✓Released from state or federal prison (rights restored automatically upon release)
- ✓On parole (since 2021 law codifying Executive Order 181)
- ✓On post-release supervision
- ✓On probation (felony or misdemeanor — never lost voting rights)
- ✓Sentenced to a conditional discharge or unconditional discharge
- ✓Received a Certificate of Relief from Disabilities or Certificate of Good Conduct
- ✓Conviction has been pardoned or set aside
- ✓In local jail awaiting trial (pretrial detention)
- ✓In local jail serving a misdemeanor sentence
- ✓Sentence has been fully completed
Cannot vote
- ✗Currently incarcerated in a state prison for a felony conviction
- ✗Currently incarcerated in a federal prison for a felony conviction
- ✗Currently incarcerated in a local jail serving a felony sentence
- ✗Found mentally incompetent to vote by a court (unrelated to felony status)
Step-by-Step Process
Confirm your eligibility
You can vote if you are not currently incarcerated for a felony. If you have been released from prison — even if you are still on parole or post-release supervision — you are eligible. People on probation never lose their voting rights. Contact your county board of elections or the NY State Board of Elections at 1-800-367-8683 if you are unsure.
Register or re-register to vote
Register online through the NY DMV at dmv.ny.gov/more-info/electronic-voter-registration-application (requires a NY driver's license or ID). You can also download a voter registration form from elections.ny.gov, pick one up at your county board of elections, or register in person at a state agency (DMV, public library, etc.).
Meet the registration deadline
Your voter registration must be postmarked or delivered at least 25 days before Election Day for a general election (10 days before for primary elections if delivered in person). If you miss the deadline, you may not be able to vote in that particular election.
Receive your voter registration card
After registering, your county board of elections will mail you a voter registration card confirming your registration, party enrollment, and polling place location. Keep this card for your records.
Vote on Election Day or by absentee ballot
Vote in person at your assigned polling place on Election Day. You can also vote early during the early voting period (typically 10 days before Election Day). If you cannot vote in person, request an absentee ballot from your county board of elections.
Stay registered and keep information updated
Once registered, you remain registered unless you move out of the county, change your name, or are re-incarcerated for a felony. If you move within New York, update your registration with your new county board of elections. Check your registration status at voterlookup.elections.ny.gov.
Key Laws
| Law | Year | Description |
|---|---|---|
| New York Election Law Section 5-106 | Amended 2021 | The primary statute governing voter qualifications and disqualifications for people with felony convictions. As amended by S830B in 2021, it provides that a person convicted of a felony loses the right to vote only while incarcerated for that felony. Voting rights are automatically restored upon release from incarceration. |
| Senate Bill S830B (2021) — Automatic Restoration Upon Release | 2021 | Signed by Governor Cuomo on May 4, 2021, this law permanently and automatically restores the right to vote for people with felony convictions upon their release from incarceration. It codified into law what Executive Order 181 had accomplished through executive action, ensuring the restoration survived changes in administration. |
| Executive Order No. 181 (Governor Cuomo) | 2018 | Issued on April 18, 2018, this executive order used the Governor's pardon power to restore voting rights to people on parole. Governor Cuomo issued monthly conditional pardons, restoring voting rights to over 24,000 New Yorkers on parole. While superseded by the 2021 law, it was the first mechanism to restore parolee voting in New York. |
| New York Constitution, Article II, Section 3 | 1894 (amended) | The state constitution provides the legislature with authority to exclude from suffrage persons convicted of 'infamous crimes.' This provision has been interpreted to apply to felonies and gives the legislature authority to define the scope of felony disenfranchisement through statute (Election Law Section 5-106). |
| New York Correction Law Section 752 — Certificate of Relief from Disabilities | 1966 | Allows courts to issue certificates that remove barriers imposed by felony convictions. Prior to the 2021 law, a Certificate of Relief from Disabilities was one pathway (along with Executive Order 181) to restore voting rights before completion of parole. Now largely unnecessary for voting, but still useful for employment and licensing. |
Edge Cases
Can I vote if I am on parole in New York?
Yes. Since the 2021 law (S830B), all people on parole in New York can vote. You must register or re-register to vote. Your voting rights are automatically restored upon release from incarceration regardless of parole status.
Can I vote if I have a federal felony conviction but live in New York?
Yes, as long as you are not currently incarcerated in a federal prison. New York law restores voting rights based on whether you are currently incarcerated, regardless of whether the conviction was state or federal. Once released from federal prison, you can register to vote in New York.
Can I vote if I was convicted of a felony in another state but now live in New York?
Yes, as long as you are not currently incarcerated for a felony. New York does not impose additional restrictions based on out-of-state convictions. If you are a New York resident and not currently incarcerated, you can register to vote.
Can I vote from jail in New York if I am awaiting trial?
Yes. If you are in a local jail awaiting trial (pretrial detention), you have not been convicted and retain the right to vote. You can register and request an absentee ballot. Contact the Board of Elections in the county where you are registered or were last registered.
Do I need to pay fines or restitution before I can vote in New York?
No. New York does not require payment of fines, fees, or restitution as a condition of voting. Once you are released from incarceration, your right to vote is restored regardless of any outstanding financial obligations.
What if I am on probation but was never incarcerated?
You can vote. People on probation in New York never lose their voting rights, even if the probation is for a felony conviction. Probation without incarceration does not trigger the loss of voting rights under New York law.
Frequently Asked Questions
- Can I vote in New York if I have a felony conviction?
- Yes, as long as you are not currently incarcerated for a felony. Your voting rights are automatically restored upon release from prison. You can vote while on parole, post-release supervision, or probation. There is no waiting period, no application, and no fees required.
- How do I register to vote after being released from prison in New York?
- Register online through the NY DMV at dmv.ny.gov (requires a NY driver's license or ID number). You can also download a voter registration form from elections.ny.gov, pick one up at your county board of elections, or register at a state agency like the DMV or public library. Call 1-800-367-8683 for help.
- Do I need to pay any fines or fees before I can vote in New York?
- No. New York does not require payment of fines, fees, or restitution as a condition of voting. Once you are released from incarceration, your right to vote is restored regardless of any outstanding financial obligations.
- What changed about New York's felon voting rights in 2021?
- In 2021, Governor Cuomo signed S830B into law, which permanently and automatically restores voting rights to people with felony convictions upon their release from incarceration. Before this, people on parole could only vote through Executive Order 181 (2018), which required rolling monthly pardons. The 2021 law codified automatic restoration into permanent statute.
- Can I vote while on parole in New York?
- Yes. Since the 2021 law (S830B), voting rights are automatically restored upon release from incarceration. You do not need to wait until parole is completed. Simply register or re-register to vote at your county board of elections or online.
- Will I be notified when my voting rights are restored?
- Yes. Under New York law, the Department of Corrections and Community Supervision (DOCCS) must provide written notice of voting rights restoration to people upon release from incarceration. You should receive information about how to register to vote as part of the release process.
- What is the voter registration deadline in New York?
- For general elections, your registration must be postmarked or delivered at least 25 days before Election Day. For in-person delivery, the deadline is 25 days before. New York also offers early voting, typically starting 10 days before Election Day. Check elections.ny.gov for specific dates.
- Can I vote by absentee ballot in New York with a felony record?
- Yes. If you are a registered voter and cannot vote in person due to illness, disability, absence from the county, or primary caregiving duties, you can request an absentee ballot from your county board of elections. There is no restriction on absentee voting based on felony history.
- Does a pardon affect my voting rights in New York?
- A pardon is no longer necessary to restore voting rights in New York since the 2021 law provides automatic restoration upon release from incarceration. However, a pardon can restore other rights and remove other disabilities associated with a felony conviction, such as barriers to employment or professional licensing.
- What if I was wrongly told I cannot vote because of my felony conviction?
- Misinformation about felon voting rights is common. If you have been released from incarceration, you can vote in New York regardless of parole or supervision status. Contact the NY State Board of Elections at 1-800-367-8683, your county board of elections, or the NYCLU's voter hotline to confirm your eligibility and report any incorrect information.
Take Action — Direct Links
- New York State Board of Elections — Voting After Incarceration
Official state page explaining voting rights for people with felony convictions, including eligibility rules and how to register after release from incarceration.
- New York DMV — Online Voter Registration
New York's official online voter registration portal through the DMV. Requires a NY driver's license or ID number.
- NYCLU — Voting with a Criminal Record
Know-your-rights guide from the New York Civil Liberties Union explaining who can and cannot vote with a criminal record in New York.
- Federal Defenders of New York — Voting Rights
Information from the Federal Defenders office about voting rights for people with federal felony convictions in New York.
- Campaign Legal Center — Restore Your Vote (New York)
Interactive tool from the Campaign Legal Center that walks you through New York's specific rules and helps determine your eligibility to register to vote.
- New York State Voter Registration Form (PDF)
Official voter registration form and notice from the NY Board of Elections about the mechanics of registering to vote after a felony conviction.
- Check Your Voter Registration Status — NY Board of Elections
Look up your voter registration status, polling place, and election district information through the NY Board of Elections.
Video Guides
Sources
- New York State Board of Elections — Voting After Incarceration
- New York Election Law Section 5-106
- NY Senate Bill S830B (2021)
- Executive Order No. 181 — Restoring the Right to Vote for New Yorkers on Parole
- NYCLU — Voting Rights of New Yorkers with Felony Convictions
- Brennan Center — Voting Rights Restoration Efforts in New York
- The Sentencing Project — New York Voting Rights
- New York City Probation — Adult Court Voting Rights
- NCSL — Felon Voting Rights by State