Can you vote with a felony in New York?

Q: Do you have to pay fines and fees before you can vote in New York?

Not required. Election Law 5-106 bars voting only while a person is incarcerated for a felony, and the State Board of Elections lists no payment condition; eligibility returns on release.

The short answer

After prison.

In New York, people lose the right to vote only while in prison for a felony. It comes back on release, including on parole or probation.

In New York, people convicted of a felony cannot register or vote while they are in prison for it. Under a 2021 law the right returns on release, including for people on parole, probation or post-release supervision, but people must register again. A misdemeanor conviction, or being held in jail before trial, does not take away the right to register.²

Checked October 22, 2026 against 5 sources, starting with New York law, then by a second reader.

In prison for a felonyCan't vote^1,2
On paroleCan vote^1,2
On probationCan vote^1,2
Sentence completeCan vote after registering again^1,2

Check with New York's election office

Before you register

Your state or county election office can confirm your own status, for free. Voting while ineligible can carry criminal penalties, so if anything about your case is unclear, ask them first. The general election is November 3, 2026; registration deadlines are on vote.gov.

How the right comes back

Automatically

Eligibility returns on release from incarceration; no application is needed. The State Board of Elections says a person 'must re-register to vote in order for their voting ability to be fully restored', and that people are given a voter registration form when they are released. New York Election Law 5-106(2) bars registering or voting only 'while he or she is incarcerated for such felony'.^1,2

Fines, fees and restitution

Not required

Election Law 5-106 bars voting only while a person is incarcerated for a felony, and the State Board of Elections lists no payment condition; eligibility returns on release.¹

Registering again

Yes

Once the right is back, New York requires a new voter registration before voting.²

Misdemeanors and jail

The State Board of Elections says a person in jail on a misdemeanor can still register to vote. Election Law 5-106(5) says the felony bar does not apply if the person was not sentenced to imprisonment or the sentence of imprisonment was suspended.^1,2

The State Board of Elections says people can register 'while waiting for your trial, even if you're in jail', and warns that a later prison sentence for a felony means losing the right until release.²

Convictions from another state or federal court

Election Law 5-106(3) and (4) apply the same while-incarcerated bar to felony convictions in federal court and to convictions in another state for an offense that would be a felony in New York. The State Board of Elections says a person with a felony from another state who now lives in New York, is a U.S. citizen and is not in prison for a felony can register.^1,2

What's changed

May 4, 2021: S830B was signed into law as Chapter 103 of the Laws of 2021 on May 4, 2021. Its sections 1 to 3, which amended Election Law 5-106(2), (3) and (4) to bar voting only while a person is incarcerated for a felony, took effect immediately. The State Board of Elections describes it as the law that 'restores the right to vote for a person convicted of a felony upon release from incarceration', regardless of parole or post-release supervision.³

The law

N.Y. Election Law 5-106

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This page explains New York's general rules from its law and election office. It isn't legal advice, and a case can turn on the details of a sentence. The election office can confirm your status.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can you vote with a felony in New York?" https://secondchanceindex.com/voting-rights/new-york, checked October 22, 2026.

Sources

Each source was opened and checked on October 22, 2026.

N.Y. Election Law 5-106
Voting After IncarcerationNew York State Board of Elections
Senate Bill S830 (2021-2022): status and actionsNew York State Senate
Senate Bill S440 (2025-2026)New York State Senate
Amended Certification for the November 3, 2026 General Election (October 7, 2026)New York State Board of Elections