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Phillips Nizer Expands Voting Rights in NYC


Federal Prisoner Released to Home Confinement Secures Right to Register, Vote

Today, the Special Term for Election Matters of New York State Supreme Court, New York County issued a decision in a petition brought pro bono publico by Phillips Nizer LLP on behalf of former Federal prisoners who were released to home confinement under the Federal “CARES Act”.

The petition sought a determination that home confinees are not deemed “incarcerated” within the meaning of Section 5-106(3) of the New York Election Law, as revised in 2021, and should be treated in the same manner as New York State parolees.

The Court issued an order, enabling the petitioner to re-register to vote today. The Court order also directed the inspectors at the petitioner’s poll site to allow the petitioner to vote today, essentially allowing “same-day voter registration” in this limited circumstance.

The petitioner is represented by Marc A. Landis, managing partner, Michael S. Fischman, litigation partner and Abigail Louise James, litigation associate of Phillips Nizer LLP. A copy of the petition is available upon request. (Index number pending.)