Democracy During Detention Act (DDDA)
What Is the DDDA?
Bill Number: S440 (Myrie) / A2121 (Walker)
The Democracy During Detention Act (DDDA) is legislation to ensure that all eligible New Yorkers held in local or state jails are able to register and vote. Many people detained pretrial or serving time for misdemeanors still have the right to vote under New York law — but lack any meaningful way to exercise it.
This bill addresses that gap by requiring Boards of Elections to provide voter registration and ballot access to eligible individuals in custody, creating a statewide standard that guarantees a minimum level of access no matter where someone is held.
The DDDA is not about the criminal legal system. It is a democracy bill that restores oversight and accountability to a voting population that has been systematically excluded.
Why We Need It
- Thousands of New Yorkers held in jail retain the legal right to vote. Most cannot do so due to procedural barriers and lack of coordination between elections and corrections officials.
- A 2023 survey by the League of Women Voters found that one-third of New York counties either had no jail voting policy or could not describe their practices.
- In the absence of proactive support, eligible citizens in jail face steep barriers — from delays in jail mail, to lack of internet access, to insufficient language or disability accommodations.
- Voting access cannot depend on county-level discretion. This bill creates parity and uniformity.
What the Bill Does
The Democracy During Detention Act:
- Authorizes polling sites inside jails during early voting in eligible counties, with electronic registration tools and in-person balloting.
- Expands the existing absentee ballot collection program (currently used in nursing homes) to large jails, requiring bipartisan teams of election officials to conduct in-person visits and assist with registration and voting.
- Creates a statewide “residual access” requirement, so that all eligible detained voters — including those in smaller jails or held outside their home counties — receive registration and absentee materials in a timely and accessible way.
- Improves language and disability access, particularly in New York City, in line with the New York Voting Rights Act and existing city charter provisions.
- Establishes coordination and accountability between Boards of Elections and correctional facilities, with formal access plans reviewed by the State Board of Elections.
- Provides legal protections and recourse for voters whose rights are not upheld.
Frequently Asked Questions
Can people in jail vote in New York?
- Yes. People in pretrial detention or serving a misdemeanor sentence retain the right to vote in New York State. Only people incarcerated due to a felony conviction lose the right to vote during their sentence.
Why is legislation necessary?
- Because many counties currently have no voter access plan for jails. The system is patchwork at best. Without statewide standards and assigned responsibilities, access is inconsistent and often nonexistent.
Does this bill restore voting rights to people convicted of felonies?
- No. The DDDA only applies to those who are already eligible to vote under current New York law.
Does this make jails responsible for voter access?
- No. It makes Boards of Elections responsible, just as they are for every other voter in the state. Jail administrators are required to cooperate, not administer.
Is implementation realistic?
- Yes. The bill builds on existing systems already in use — including in-person absentee ballot collection programs used in nursing homes and hospitals — and offers flexible options for different counties.
How to Get Involved
Contact Your Legislators
- Ask your State Senator and Assemblymember to support S440 / A2121. Urge them to co-sponsor the Democracy During Detention Act.
Share the Information
- Help raise awareness about this bill and the gap it seeks to address. Reach out to your local League or community organizations.
Submit a Memo of Support
- If your organization supports voting rights, consider submitting a formal Memo of Support. A template is available upon request.
Join the Coalition
- Connect with the League of Women Voters or the Let NY Vote coalition to get involved in coordinated outreach and advocacy.
Request a Training or Presentation
- We can help you host a teach-in, town hall, or advocacy meeting. Contact us at unlockthevote@afj-ny.org or 929-317-2883.