Bill Text: NY A01712 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2012-12-05 - print number 1712d [A01712 Detail]
Download: New_York-2011-A01712-Amended.html
Bill Title: Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2012-12-05 - print number 1712d [A01712 Detail]
Download: New_York-2011-A01712-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1712--D
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. KAVANAGH, CUSICK, KELLNER, J. RIVERA, P. RIVERA
-- Multi-Sponsored by -- M. of A. GLICK, PEOPLES-STOKES -- read once
and referred to the Committee on Election Law -- recommitted to the
Committee on Election Law in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the election law, in relation to enacting the "voter
empowerment act of New York"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "voter empowerment act of New York".
3 S 2. Section 5-104 of the election law is amended by adding a new
4 subdivision 3 to read as follows:
5 3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION REGARD-
6 ING THE RIGHT OF STUDENTS TO REGISTER AND VOTE SHALL BE INTERPRETED IN A
7 MANNER CONSISTENT WITH THE CONSTITUTIONAL REQUIREMENT THAT EACH CITIZEN
8 MUST BE PERMITTED TO VOTE IN THAT COMMUNITY WHICH IS THE "LOCUS OF ...
9 PRIMARY CONCERN" TO THAT CITIZEN AT THE TIME OF THE ELECTION. ACCORDING-
10 LY, A STUDENT ATTENDING A COLLEGE OR UNIVERSITY IN THIS STATE SHALL BE
11 PERMITTED TO RETAIN HIS OR HER PARENTAL RESIDENCE FOR VOTING PURPOSES IF
12 THE PARENTAL COMMUNITY REMAINS THE LOCUS OF THE STUDENT'S PRIMARY
13 CONCERN OR, IN THE ALTERNATIVE, A STUDENT SHALL BE PERMITTED TO REGISTER
14 AND VOTE FROM HIS OR HER RESIDENCE WITHIN THE COLLEGE OR UNIVERSITY
15 COMMUNITY IF HE OR SHE REGARDS THE COLLEGE OR UNIVERSITY AS THE COMMUNI-
16 TY OF PRIMARY CONCERN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04808-10-2
A. 1712--D 2
1 S 3. The election law is amended by adding a new section 5-200 to read
2 as follows:
3 S 5-200. AUTOMATED VOTER REGISTRATION. 1. NOTWITHSTANDING ANY OTHER
4 MANNER OF REGISTRATION REQUIRED BY THIS ARTICLE, EACH PERSON IN THE
5 STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
6 BE AUTOMATICALLY REGISTERED TO VOTE AS PROVIDED IN THIS SECTION,
7 PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
8 2. THE STATE BOARD OF ELECTIONS OR COUNTY BOARD OF ELECTIONS SHALL
9 REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE
10 STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE WHO
11 CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
12 (A) COMPLETES AN APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE,
13 NON-DRIVER IDENTIFICATION CARD, PRE-LICENSING COURSE CERTIFICATE,
14 LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
15 MENT OF MOTOR VEHICLES, OR NOTIFIES SUCH DEPARTMENT IN WRITING OF A
16 CHANGE OF HIS OR HER NAME OR ADDRESS;
17 (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
18 FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
19 CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
20 (C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
21 FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY
22 MUNICIPAL HOUSING AUTHORITY AS SET FORTH IN ARTICLE THIRTEEN OF THE
23 PUBLIC HOUSING LAW;
24 (D) REGISTERS FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
25 NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
26 (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
27 PAROLE;
28 (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
29 (G) BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF MILITARY
30 AND NAVAL AFFAIRS; OR
31 (H) COMPLETES AN APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
32 DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
33 THREE OF THIS SECTION.
34 3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
35 CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
36 TITLE, THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
37 YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN OF THE
38 PUBLIC HOUSING LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
39 VISION, THE DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF MILITARY AND
40 NAVAL AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS
41 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
42 (B) THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN-
43 CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
44 CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
45 (I) THE LIKELIHOOD THAT SOURCE RECORDS REFLECT A LARGE NUMBER OF
46 ELIGIBLE CITIZENS;
47 (II) THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO
48 WOULD NOT OTHERWISE BE REGISTERED UNDER THE ACT TO MODERNIZE VOTER
49 REGISTRATION;
50 (III) THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS;
51 AND
52 (IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION OFFICIAL
53 AS REASONABLY RELATED TO ACCOMPLISHING THE PURPOSES OF THE ACT TO
54 MODERNIZE VOTER REGISTRATION.
55 4. THE STATE BOARD OF ELECTIONS AND THE SOURCE AGENCIES SHALL ENTER
56 INTO AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION
A. 1712--D 3
1 TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO THE
2 STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
3 THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
4 (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
5 (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
6 (C) DATE OF BIRTH;
7 (D) CITIZENSHIP;
8 (E) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
9 FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE FOR THE
10 PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
11 (F) POLITICAL PARTY ENROLLMENT, IF ANY;
12 (G) AN INDICATION THAT THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
13 BALLOT, IF ANY; AND
14 (H) AN IMAGE OF THE PERSON'S SIGNATURE.
15 IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT TO THIS SECTION
16 FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
17 SIGNATURE SHALL NOT PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
18 THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
19 CITIZEN, WHOSE INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
20 WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A SIGNATURE
21 AT THE POLLING PLACE OR WITH AN APPLICATION FOR AN ABSENTEE BALLOT
22 BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT PROVIDED A
23 SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
24 BALLOT TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
25 A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK, PAYCHECK, OR
26 OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
27 5. IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING THE
28 CITIZENSHIP STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS SUFFICIENT
29 TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
30 ZENSHIP FOR EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
31 BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO AN
32 INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
33 6. THE STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO
34 PARTICIPATING AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION OF
35 THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS
36 FOR EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING SHALL
37 INCLUDE REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE TO
38 EACH INDIVIDUAL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION THAT THE
39 SOURCE AGENCY MAINTAINS STRICT NEUTRALITY WITH RESPECT TO A PERSON'S
40 PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
41 INFORMATION SHALL BE ADVISED THAT GOVERNMENT SERVICES ARE NOT CONDI-
42 TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO VOTE.
43 NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
44 CANT FROM REGISTERING TO VOTE.
45 7. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE
46 AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
47 TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
48 TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION, ADDITIONAL
49 INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
50 TATING VOTER REGISTRATION, THE FREQUENCY OF DATA TRANSMISSIONS, THE
51 PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE SECURITY
52 AND PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
53 SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
54 8. EACH SOURCE AGENCY SHALL COOPERATE WITH THE STATE BOARD OF
55 ELECTIONS AND COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
56 TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
A. 1712--D 4
1 TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH SUCH
2 PERSON TO VOTE OR TO UPDATE EACH SUCH PERSON'S VOTER REGISTRATION
3 RECORD.
4 9. EACH SOURCE AGENCY SHALL ENTER INTO AN AGREEMENT WITH THE STATE
5 BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
6 SMISSIONS REQUIRED BY THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
7 THOUSAND THIRTEEN; PROVIDED, THAT EACH SOURCE AGENCY SHALL BE ABLE TO
8 COMPLY FULLY WITH ALL REQUIREMENTS OF THIS SECTION, INCLUDING THE
9 COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
10 TO VOTE, BY JANUARY FIRST, TWO THOUSAND FOURTEEN.
11 S 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
12 vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
13 as added by chapter 659 of the laws of 1994, are amended to read as
14 follows:
15 1. The board of elections shall transfer the registration and enroll-
16 ment of any voter for whom it receives a notice of change of address to
17 another address in the [same county or city] STATE, or for any voter who
18 [casts] SUBMITS a ballot in an affidavit ballot envelope which sets
19 forth such a new address. Such notices shall include, but not be limit-
20 ed to, notices received from any state agency which conducts a voter
21 registration program pursuant to the provisions of sections 5-211 and
22 5-212 of this title OR WHICH TRANSMIT INFORMATION, that the voter has
23 notified such agency of a change of address in the [same city or county]
24 STATE unless the voter has indicated that such change of address is not
25 for voter registration purposes, notices of change of address from the
26 United States Postal Service through the National Change of Address
27 System, any notices of a forwarding address on mail sent to a voter by
28 the board of elections and returned by the postal service, national or
29 state voter registration forms, confirmation mailing response cards,
30 United States Postal Service notices to correspondents of change of
31 address, applications for registration from persons already registered
32 in such county or city, or any other notices to correspondents sent to
33 the board of elections by such voters.
34 6. If a notice sent pursuant to [subdivision five of] this section is
35 returned [by the postal service] as undeliverable and without a forward-
36 ing address, the board of elections shall return the registration of
37 such voter to the original address, send such voter a confirmation
38 notice pursuant to the provisions of subdivision one of section 5-712 of
39 this [title] ARTICLE and place such voter in inactive status.
40 S 5. Subdivision 3 of section 5-208 of the election law, as added by
41 chapter 659 of the laws of 1994, is amended to read as follows:
42 3. If such a notice is received at least [twenty] TEN days before a
43 primary, special or general election, such change of address must be
44 completed before such election. IF SUCH A NOTICE IS NOT RECEIVED AT
45 LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR GENERAL ELECTION, THEN A
46 VOTER MAY VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF SECTION 8-302
47 OF THIS CHAPTER.
48 S 6. Subdivision 1 of section 4-117 of the election law, as amended by
49 chapter 288 of the laws of 2009, is amended to read as follows:
50 1. The board of elections, between August first and August fifth of
51 each year, shall send by first class mail on which is endorsed "ADDRESS
52 CORRECTION REQUESTED" and which contains a request that any such mail
53 received for persons not residing at the address be dropped back in the
54 mail, a communication, in a form approved by the state board of
55 elections, to every registered voter who has been registered without a
56 change of address since the beginning of such year, except that the
A. 1712--D 5
1 board of elections shall not be required to send such communications to
2 voters in inactive status. The communication shall notify the voter of
3 the days and hours of the ensuing primary and general elections, the
4 place where he appears by his registration records to be entitled to
5 vote, the fact that voters who have moved or will have moved from the
6 address where they were last registered must [re-register or, that if
7 such move was to another address in the same county or city, that such
8 voter may] either notify the board of elections of his new address or
9 vote by paper ballot at the polling place for his new address even if
10 such voter has not re-registered, or otherwise notified the board of
11 elections of the change of address. If the location of the polling place
12 for the voter's election district has been moved, the communication
13 shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
14 BEEN CHANGED. YOU NOW VOTE AT..........". The communication shall also
15 indicate whether the polling place is accessible to physically disabled
16 voters, that a voter who will be out of the city or county on the day of
17 the primary or general election or a voter who is ill or physically
18 disabled may obtain an absentee ballot, that a physically disabled voter
19 whose polling place is not accessible may request that his registration
20 record be moved to an election district which has a polling place which
21 is accessible, the phone number to call for applications to move a
22 registration record or for absentee ballot applications, the phone
23 number to call for the location of registration and polling places, the
24 phone number to call to indicate that the voter is willing to serve on
25 election day as an election inspector, poll clerk, interpreter or in
26 other capacities, the phone number to call to obtain an application for
27 registration by mail, and such other information concerning the
28 elections or registration as the board may include. In lieu of sending
29 such communication to every registered voter, the board of elections may
30 send a single communication to a household containing more than one
31 registered voter, provided that the names of all such voters appear as
32 part of the address on such communication.
33 S 7. Paragraph (a) of subdivision 1 of section 5-400 of the election
34 law, as amended by chapter 659 of the laws of 1994, is amended to read
35 as follows:
36 (a) Moved his OR HER residence outside the [city or county in which he
37 is registered] STATE.
38 S 8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
39 the election law, paragraphs (b) and (d) as added by section 20 and
40 paragraph (c) as added and paragraph (d) as relettered by section 22 of
41 chapter 659 of the laws of 1994, are amended to read as follows:
42 (b) A notice that the registrant has moved to an address outside the
43 [city or county] STATE which is signed by the registrant and sent to the
44 board of elections.
45 (c) A notice signed by the registrant which states that such regis-
46 trant has moved to an address outside the [city or county] STATE and
47 that such change of address is for voter registration purposes.
48 (d) A notice from a board of elections or other voter registration
49 officer or agency that such person has registered to vote from an
50 address outside [such city or county] THE STATE.
51 S 9. Subdivision 3 of section 5-210 of the election law, as amended by
52 chapter 179 of the laws of 2005, is amended to read as follows:
53 3. Completed application forms, when received by any county board of
54 elections and, with respect to application forms promulgated by the
55 federal election commission, when received by the state board of
56 elections, or showing a dated cancellation mark of the United States
A. 1712--D 6
1 Postal Service or contained in an envelope showing such a dated cancel-
2 lation mark which is not later than the [twenty-fifth] TENTH day before
3 the next ensuing primary, general or special election, and received no
4 later than the [twentieth] FIFTH day before such election, or delivered
5 in person to such county board of elections not later than the tenth day
6 before a special election, shall entitle the applicant to vote in such
7 election, if he or she is otherwise qualified, provided, however, such
8 applicant shall not vote on a voting machine until his or her identity
9 is verified. Any county board of elections receiving an application form
10 from a person who does not reside in its jurisdiction but who does
11 reside elsewhere in the state of New York, shall forthwith forward such
12 application form to the proper county board of elections. Each board of
13 elections shall make an entry on each such form of the date it is
14 received by such board.
15 S 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the
16 election law, as amended by chapter 179 of the laws of 2005, subpara-
17 graph (xii) of paragraph (k) as added by chapter 362 of the laws of
18 2008, are amended and a new paragraph (n) is added to read as follows:
19 (g) Notice that the applicant must be a citizen of the United States,
20 is [or will be at least eighteen years old not later than December thir-
21 ty-first of the calendar year in which he or she registers] AT LEAST
22 SIXTEEN YEARS OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO
23 VOTE and a resident of the county or city to which application is made.
24 (k) The form shall also include space for the following information,
25 which must be contained on the inside of the form after it is folded for
26 mailing:
27 (i) A space for the applicant to indicate whether or not he or she has
28 ever voted or registered to vote before and, if so, the approximate year
29 in which such applicant last voted or registered and his or her name and
30 address at the time.
31 (ii) The name and residence address of the applicant including the zip
32 code and apartment number, if any.
33 (iii) The date of birth of the applicant.
34 (iv) A space for the applicant to indicate his or her driver's license
35 or department of motor vehicles non-driver photo ID number or the last
36 four digits of his or her social security number or, if the applicant
37 does not have either such number, a space for the applicant to indicate
38 he or she does not have either.
39 (v) A space for the applicant to indicate whether or not he or she is
40 a citizen of the United States and the statement "If you checked "no" in
41 response to this question, do not complete this form."
42 (vi) [A space for the applicant to answer the question "Will you be 18
43 years of age on or before election day?" and the statement "If you
44 checked "no" in response to this question, do not complete this form
45 unless you will be 18 by the end of the year."
46 (vii)] A statement informing the applicant that if the form is submit-
47 ted by mail and the applicant is registering for the first time, certain
48 information or documents must be submitted with the mail-in registration
49 form in order to avoid additional identification requirements upon
50 voting for the first time. Such information and documents are:
51 (A) a driver's license or department of motor vehicles non-driver
52 photo ID number; or
53 (B) the last four digits of the individual's social security number;
54 or
55 (C) a copy of a current and valid photo identification; or
A. 1712--D 7
1 (D) a copy of a current utility bill, bank statement, government
2 check, paycheck or other government document that shows the name and
3 address of the voter.
4 [(viii)] (VII) The gender of the applicant (optional).
5 [(ix)] (VIII) A space for the applicant to indicate his or her choice
6 of party enrollment, with a clear alternative provided for the applicant
7 to decline to affiliate with any party.
8 [(x)] (IX) The telephone number of the applicant (optional).
9 [(xi)] (X) A place for the applicant to execute the form on a line
10 which is clearly labeled "signature of applicant" preceded by the
11 following specific form of affirmation:
12 AFFIDAVIT: I swear or affirm that:
13 * I am a citizen of the United States.
14 * I will have lived in the county, city, or village for at least 30
15 days before the election.
16 * I meet all the requirements to register to vote in New York
17 State.
18 * This is my signature or mark on the line below.
19 * All the information contained on this application is true. I
20 understand that if it is not true I can be convicted and fined up
21 to $5,000 and/or jailed for up to four years.
22 which form of affirmation shall be followed by a space for the date and
23 the aforementioned line for the applicant's signature.
24 [(xii)] (XI) A space for the applicant to register in the New York
25 state donate life registry for organ and tissue donations established
26 pursuant to section forty-three hundred ten of the public health law.
27 (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
28 (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
29 SOURCE AGENCIES AND THE STATE OR COUNTY BOARDS OF ELECTIONS ARE NOT
30 REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION OF THE INFORMATION
31 REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR (XI) OF
32 PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
33 TO REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN
34 THE STATE WHOSE INFORMATION IS TRANSMITTED PURSUANT TO SECTION 5-200 OF
35 THIS TITLE FOR THE REASON THAT SUCH INFORMATION DOES NOT INCLUDE THE
36 INFORMATION REQUESTED BY PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII),
37 (VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
38 S 11. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
39 as amended by chapter 179 of the laws of 2005, are amended to read as
40 follows:
41 9. The county board of elections shall, promptly and in any event, not
42 later than twenty-one days after receipt by it of the application, veri-
43 fy the identity of the applicant, EXCEPT IF SUCH BOARD RECEIVES THE
44 APPLICATION WITHIN TWENTY-ONE DAYS OF A SPECIAL, PRIMARY OR GENERAL
45 ELECTION, THE BOARD SHALL VERIFY THE IDENTITY OF THE APPLICANT WITHIN
46 FIVE DAYS OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER. In order
47 to do so, the county board of elections shall utilize the information
48 provided in the application and shall attempt to verify such information
49 with the information provided by the department of motor vehicles,
50 social security administration and any other lawful available informa-
51 tion source. If the county board of elections is unable to verify the
52 identity of the applicant within twenty-one days of the receipt of the
53 application, it shall immediately take steps to confirm that the infor-
54 mation provided by the applicant was accurately utilized by such county
55 board of elections, was accurately verified with other information
56 sources and that no data entry error, or other similar type of error,
A. 1712--D 8
1 occurred. Following completion of the preceding steps, the county board
2 of elections shall mail (a) a notice of its approval, (b) a notice of
3 its approval which includes an indication that such board has not yet
4 been able to verify the identity of the applicant and a request for more
5 information so that such verification may be completed, or (c) a notice
6 of its rejection of the application to the applicant in a form approved
7 by the state board of elections. Notices of approval, notices of
8 approval with requests for more information or notices of rejection
9 shall be sent by nonforwardable first class or return postage guaranteed
10 mail on which is endorsed "ADDRESS CORRECTION REQUESTED" and which
11 contains a request that any such mail received for persons not residing
12 at the address be dropped back in the mail. The voter's registration and
13 enrollment shall be complete upon receipt of the application by the
14 appropriate county board of elections. The failure of a county board of
15 elections to verify an applicant's identity shall not be the basis for
16 the rejection of a voter's application, provided, however, that such
17 verification failure shall be the basis for requiring county board of
18 elections to take the additional verification steps provided by this
19 chapter. The notice shall also advise the registrant of the date when
20 his registration and enrollment is effective, of the date and the hours
21 of the next regularly scheduled primary or general election in which he
22 will be eligible to vote, of the location of the polling place of the
23 election district in which he is or will be a qualified voter, whether
24 such polling place is accessible to physically handicapped voters, an
25 indication that physically handicapped voters or voters who are ill or
26 voters who will be out of the city or county on the day of the primary
27 or general election, may obtain an absentee ballot and the phone number
28 to call for absentee ballot applications, the phone numbers to call for
29 location of polling places, to obtain registration forms and the phone
30 number to call to indicate that the voter is willing to serve on
31 election day as an inspector, poll clerk or interpreter. The notice of
32 approval, notice of approval with request for more information or notice
33 of rejection shall also advise the applicant to notify the board of
34 elections if there is any inaccuracy. The form of such mail notification
35 shall be prescribed by the state board of elections and shall contain
36 such other information and instructions as it may reasonably require to
37 carry out the purposes of this section. The request for more information
38 shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF
39 ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE
40 REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
41 TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such
42 notice is returned undelivered without a new address, the board shall
43 forthwith send such applicant a confirmation notice pursuant to the
44 provisions of section 5-712 of this article and place such applicant in
45 inactive status. The state board of elections shall prepare uniform
46 notices by this section as provided for in subdivision eight of section
47 3-102 of this chapter.
48 11. If the county board of elections suspects or believes that for any
49 reason the applicant is not entitled to registration and enrollment, it
50 shall make inquiry in reference thereto. If the board of elections shall
51 find that the applicant is not qualified to register and enroll, the
52 application shall be rejected and the applicant notified of such
53 rejection and the reason therefor, no later than ten days before the day
54 of the first primary or general election occurring at least [twenty-
55 five] TEN days after the filing of the application, EXCEPT THAT IF THE
56 APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE THE
A. 1712--D 9
1 DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTIFY
2 THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
3 14. Notwithstanding the entry by the county board of elections on the
4 registration poll record of the information contained on an application
5 form prescribed by this section, such entry shall not preclude the coun-
6 ty board of elections from subsequently rejecting the application if it
7 is not satisfied that the applicant is entitled to register and enroll
8 as provided by this section, provided that the applicant is notified of
9 such rejection and reasons therefor no later than ten days before the
10 day of the first primary or general election occurring at least [twen-
11 ty-five] TEN days after the filing of such application form, EXCEPT THAT
12 IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
13 THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
14 FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
15 S 12. Subdivisions 11 and 12 of section 5-211 of the election law,
16 subdivision 11 as amended by chapter 200 of the laws of 1996 and subdi-
17 vision 12 as added by chapter 659 of the laws of 1994, are amended to
18 read as follows:
19 11. The participating agency shall transmit [the completed applica-
20 tions for registration and change of address forms] ALL INFORMATION
21 COLLECTED PURSUANT TO SECTION 5-200 OF THIS TITLE to the appropriate
22 board of elections not later than ten days after receipt except that all
23 such completed applications and forms received by the agency between the
24 thirtieth and twenty-fifth day before an election shall be transmitted
25 in such manner and at such time as to assure their receipt by such board
26 of elections not later than the twentieth day before such election.
27 12. [Completed application forms, when received] ALL INFORMATION
28 COLLECTED PURSUANT TO SECTION 5-200 OF THIS TITLE by a participating
29 agency not later than the twenty-fifth day before the next ensuing
30 primary, general or special election and transmitted by such agency to
31 the appropriate board of elections so that they are received by such
32 board not later than the twentieth day before such election shall enti-
33 tle the applicant to vote in such election provided the board determines
34 that the applicant is otherwise qualified.
35 S 13. Subdivisions 11 and 12 of section 5-211 of the election law, as
36 amended by section twelve of this act, are amended to read as follows:
37 11. The participating agency shall transmit all information collected
38 pursuant to section 5-200 of this title to the appropriate board of
39 elections not later than ten days after receipt except that all such
40 completed applications and forms received by the agency between the
41 [thirtieth] FIFTEENTH and [twenty-fifth] TENTH day before an election
42 shall be transmitted in such manner and at such time as to assure their
43 receipt by such board of elections not later than the [twentieth] FIFTH
44 day before such election.
45 12. All information collected pursuant to section 5-200 of this title
46 by a participating agency not later than the [twenty-fifth] TENTH day
47 before the next ensuing primary, general or special election and trans-
48 mitted by such agency to the appropriate board of elections so that they
49 are received by such board not later than the [twentieth] FIFTH day
50 before such election shall entitle the applicant to vote in such
51 election provided the board determines that the applicant is otherwise
52 qualified.
53 S 14. Subdivision 14 of section 5-211 of the election law, as amended
54 by chapter 200 of the laws of 1996, is amended and two new subdivisions
55 18 and 19 are added to read as follows:
A. 1712--D 10
1 14. Applications shall be processed by the board of elections in the
2 manner prescribed by [section] SECTIONS 5-200 AND 5-210 of this title
3 or, if the applicant is already registered to vote from another address
4 in the county or city, in the manner prescribed by section 5-208 of this
5 title. The board shall send the appropriate notice of approval or
6 rejection as required by either subdivision nine of such section 5-210
7 or subdivision five of such section 5-208.
8 18. ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN
9 THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS
10 ELIGIBLE TO REGISTER OR PRE-REGISTER TO VOTE UNDER PARAGRAPH (G) OF
11 SUBDIVISION FIVE OF SECTION 5-210 OF THIS TITLE IN THE SAME MANNER AND
12 SUBJECT TO THE SAME PROVISIONS AND RULES AND REGULATIONS AS ALL OTHER
13 DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
14 TY OR PUBLIC SCHOOL DISTRICT THAT IS NOT OTHERWISE DESIGNATED AS A
15 SOURCE AGENCY PURSUANT TO SECTION 5-200 OF THIS TITLE SHALL NOT BE
16 REQUIRED TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'S DECLINATION
17 TO REGISTER TO VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS SECTION, OR
18 TO CONDUCT A STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION SEVEN-
19 TEEN OF THIS SECTION.
20 19. THE STATE BOARD OF ELECTIONS OR, IN THE CITY OF NEW YORK, THE NEW
21 YORK CITY BOARD OF ELECTIONS, SHALL PROVIDE TO PUBLIC COLLEGES, UNIVER-
22 SITIES, AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGIS-
23 TRATION APPLICATIONS THAT IDENTIFY EACH SUCH APPLICATION AS ORIGINATING
24 FROM EITHER A PUBLIC COLLEGE, UNIVERSITY, OR SCHOOL DISTRICT. THE STATE
25 BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
26 TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO EACH COLLEGE, UNIVERSI-
27 TY, OR SCHOOL DISTRICT COVERED BY THIS CHAPTER, EXCEPT THAT THE NEW YORK
28 CITY BOARD OF ELECTIONS SHALL PROVIDE AND DELIVER SUCH FORMS TO EACH
29 PARTICIPATING PUBLIC UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT LOCATED IN
30 THE CITY OF NEW YORK. EVERY BOARD OF ELECTIONS SCANNING VOTER REGISTRA-
31 TION FORMS SHALL CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT
32 THEM ON A MONTHLY BASIS TO THE STATE BOARD OF ELECTIONS WHICH SHALL MAKE
33 SUCH DETAILED INFORMATION AVAILABLE TO THE PUBLIC.
34 S 15. Subdivisions 6 and 7 of section 5-212 of the election law,
35 subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
36 sion 7 as added by chapter 659 of the laws of 1994, are amended to read
37 as follows:
38 6. The department of motor vehicles shall transmit [that portion of
39 the form which constitutes the completed application for registration or
40 change of address form] ALL INFORMATION COLLECTED PURSUANT TO SECTION
41 5-200 OF THIS TITLE to the appropriate board of elections not later than
42 ten days after receipt except that all such completed applications and
43 forms received by the department between the thirtieth and twenty-fifth
44 day before an election shall be transmitted in such manner and at such
45 time as to assure their receipt by such board of elections not later
46 than the twentieth day before such election. All transmittals shall
47 include original signatures OR AN ELECTRONIC IMAGE THEREOF AS REQUIRED
48 BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS TITLE.
49 7. [Completed application forms received] ALL INFORMATION COLLECTED
50 PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
51 cles not later than the twenty-fifth day before the next ensuing prima-
52 ry, general or special election and transmitted by such department to
53 the appropriate board of elections so that they are received not later
54 than the twentieth day before such election shall entitle the applicant
55 to vote in such election provided the board determines that the appli-
56 cant is otherwise qualified.
A. 1712--D 11
1 S 16. Subdivisions 6 and 7 of section 5-212 of the election law, as
2 amended by section fifteen of this act, are amended to read as follows:
3 6. The department of motor vehicles shall transmit all information
4 collected pursuant to section 5-200 of this title to the appropriate
5 board of elections not later than ten days after receipt except that all
6 such completed applications and forms received by the department between
7 the [thirtieth] FIFTEENTH and [twenty-fifth] TENTH day before an
8 election shall be transmitted in such manner and at such time as to
9 assure their receipt by such board of elections not later than the
10 [twentieth] FIFTH day before such election. All transmittals shall
11 include original signatures or an electronic image thereof as required
12 by subdivision four of section 5-200 of this title.
13 7. All information collected pursuant to section 5-200 of this title
14 by the department of motor vehicles not later than the [twenty-fifth]
15 TENTH day before the next ensuing primary, general or special election
16 and transmitted by such department to the appropriate board of elections
17 so that they are received not later than the [twentieth] FIFTH day
18 before such election shall entitle the applicant to vote in such
19 election provided the board determines that the applicant is otherwise
20 qualified.
21 S 17. Subdivision 3 of section 5-213 of the election law, as amended
22 by chapter 200 of the laws of 1996, is amended to read as follows:
23 3. The board of elections shall restore the registration of any such
24 voter to active status if such voter notifies the board of elections
25 that he resides at the address from which he is registered, or the board
26 finds that such voter has validly signed a designating or nominating
27 petition which states that he resides at such address, or if such voter
28 casts a ballot in an affidavit envelope which states that he resides at
29 such address, or if the board receives notice that such voter has voted
30 in an election conducted with registration lists prepared pursuant to
31 the provisions of section 5-612 of this article. If any such notifica-
32 tion or information is received [twenty] TEN days or more before a
33 primary, special or general election, the voter's name must be restored
34 to active status for such election.
35 S 18. Subdivision 3 of section 5-304 of the election law, as amended
36 by chapter 90 of the laws of 1991, is amended to read as follows:
37 3. A change of enrollment received by the board of elections, SHOWING
38 A DATED CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE OR
39 CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS DATED,
40 not later than the twenty-fifth day before the [general election shall
41 be deposited in a sealed enrollment box, which shall not be opened until
42 the first Tuesday following such general election. Such change of
43 enrollment shall be then removed and entered as provided in this arti-
44 cle] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED NO
45 LATER THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON TO
46 SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE TENTH DAY BEFORE A
47 PRIMARY, GENERAL OR SPECIAL ELECTION, SHALL BE EFFECTIVE FOR SUCH
48 ELECTION. ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED IN THIS ARTI-
49 CLE AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER SUCH
50 CHANGE OF ENROLLMENT IS RECEIVED BY THE BOARD OF ELECTIONS OR IF THE
51 CHANGE OF ENROLLMENT, OR THE ENVELOPE CONTAINING IT, BEARS A DATED
52 CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL
53 BE ENTERED AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE
54 DATE OF SUCH MARK, WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE
55 EFFECT SOONER THAN THE FIFTH DAY AFTER THE RECEIPT OF SUCH CHANGE OF
56 ENROLLMENT BY THE BOARD OF ELECTIONS.
A. 1712--D 12
1 S 19. The opening paragraph of paragraph (e) of subdivision 3 of
2 section 8-302 of the election law, as amended by chapter 125 of the laws
3 of 2011, is amended to read as follows:
4 Whenever a voter presents himself or herself and offers to cast a
5 ballot, and he or she claims to live in the election district in which
6 he or she seeks to vote but no registration poll record can be found for
7 him or her in the poll ledger or his or her name does not appear on the
8 computer generated registration list or his or her signature does not
9 appear next to his or her name on such computer generated registration
10 list or his or her registration poll record or the computer generated
11 registration list does not show him or her to be enrolled in the party
12 in which he or she claims to be enrolled AND THE VOTER IS NOT OTHERWISE
13 ELIGIBLE TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
14 THIS SECTION, a poll clerk or election inspector shall consult a map,
15 street finder or other description of all of the polling places and
16 election districts within the political subdivision in which said
17 election district is located and if necessary, contact the board of
18 elections to obtain the relevant information and advise the voter of the
19 correct polling place and election district for the residence address
20 provided by the voter to such poll clerk or election inspector. There-
21 after, such voter shall be permitted to vote in said election district
22 only as hereinafter provided:
23 S 20. Section 8-302 of the election law is amended by adding a new
24 subdivision 3-d to read as follows:
25 3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND OR
26 WHOSE INFORMATION IS INCOMPLETE OR INCORRECT ON THE STATEWIDE VOTER
27 REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH A
28 SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
29 TER AND CONSENTED TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN
30 AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
31 ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF REGIS-
32 TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
33 SION TWO OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE
34 PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER TO VOTE OR THAT THE
35 PERSON DID NOT REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN
36 SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
37 (A) A PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT STATING THAT
38 THE PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES IN
39 SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND CONSENTED TO USE
40 AGENCY INFORMATION FOR VOTER REGISTRATION. THAT AFFIDAVIT SHALL BE
41 SUFFICIENT EVIDENCE OF REGISTERING TO VOTE OR PERFORMING ANY OF THE
42 ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
43 FOR THE PURPOSES OF THIS SECTION.
44 (B) A PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE TO AN
45 AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY PROOF OF
46 IDENTITY, BUT THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
47 BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
48 CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION. NOTHING IN
49 THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF SUBDIVI-
50 SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
51 NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
52 INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
53 THE FEDERAL HELP AMERICA VOTE ACT.
54 S 21. Subdivision 11 of section 5-614 of the election law, as added by
55 chapter 24 of the laws of 2005, is amended to read as follows:
A. 1712--D 13
1 11. The state board of elections shall establish a statewide voter
2 [hotline using information available through the statewide voter regis-
3 tration list for voters to obtain information regarding their voter
4 registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
5 PUBLIC WEBSITE ACCESSIBLE FROM THE WEBSITE OF THE STATE BOARD OF
6 ELECTIONS AND THROUGH A TOLL-FREE TELEPHONE NUMBER MAINTAINED BY THE
7 STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
8 A. ALLOW ANY VOTER:
9 (I) TO REVIEW THE VOTER REGISTRATION INFORMATION REPRESENTED ON THE
10 STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
11 (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
12 VOTER REGISTRATION INFORMATION, WHICH SHALL BE SENT TO THE APPLICABLE
13 COUNTY BOARD OF ELECTIONS; AND
14 (III) TO DETERMINE THE LOCATION OF THE POLLING PLACE TO WHICH THE
15 VOTER IS ASSIGNED;
16 B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
17 (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
18 RESIDENTIAL ADDRESS WITHIN THE STATE; AND
19 (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED ON THE STATEWIDE
20 VOTER REGISTRATION LIST; AND
21 C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
22 WHO IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW
23 THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
24 ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE INTERFACE, THE DATA
25 COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
26 RECEIPT OF SUCH DATA, THE STATE BOARD OF ELECTIONS SHALL FORWARD THE
27 INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY WHERE
28 THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
29 SUBMITTED BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO
30 THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF 2002
31 (42 U.S.C. S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE
32 SHALL NOT RENDER THE APPLICATION INCOMPLETE OR OTHERWISE PRECLUDE THE
33 REGISTRATION OF AN ELIGIBLE CITIZEN.
34 FOR ANY ELIGIBLE CITIZEN ATTEMPTING TO USE THE SYSTEM ESTABLISHED
35 UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE PROCESSED
36 AS VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN
37 AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE EFFECT FOR
38 THE PROXIMATE ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM
39 ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER REGISTRA-
40 TION INFORMATION UNDER THIS SECTION, THE SYSTEM MUST ALSO NOTIFY THE
41 CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY PROCEDURE PROVIDED IN
42 SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
43 THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
44 CITIZEN WHO SUBMITS AN APPLICATION PURSUANT TO THIS SUBDIVISION AND
45 WHOSE APPLICATION LACKS AN ELECTRONIC SIGNATURE TO PROVIDE A SIGNATURE
46 AT THE POLLING PLACE OR WITH AN APPLICATION FOR AN ABSENTEE BALLOT
47 BEFORE VOTING. THE BOARD OF ELECTIONS MAY REQUIRE AN ELECTOR WHO HAS NOT
48 PROVIDED A SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING
49 AN ABSENTEE BALLOT TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION
50 OR A COPY OF A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,
51 PAYCHECK, OR OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS
52 OF THE VOTER.
53 S 22. Subdivision 3 of section 8-510 of the election law, as amended
54 by chapter 43 of the laws of 1988, is amended to read as follows:
55 3. The inspectors shall place such completed report, and each court
56 order, if any, directing that a person be permitted to vote, AND EACH
A. 1712--D 14
1 AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302 OF
2 THIS ARTICLE, inside a ledger of registration records or computer gener-
3 ated registration lists between the front cover, and the first registra-
4 tion record and then shall close and seal each ledger of registration
5 records or computer generated registration lists, affix their signature
6 to the seal, lock such ledger in the carrying case furnished for that
7 purpose and enclose the keys in a sealed package or seal such list in
8 the envelope provided for that purpose.
9 S 23. The election law is amended by adding a new section 17-138 to
10 read as follows:
11 S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER COLOR
12 OF ANY PROVISION OF LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
13 OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
14 THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION PURPOSES,
15 A PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
16 VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE FROM THE STATEWIDE
17 VOTER REGISTRATION LIST EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
18 ENFORCE ELECTION LAWS.
19 S 24. Subdivision 1 of section 3-220 of the election law, as amended
20 by chapter 104 of the laws of 2010, is amended to read as follows:
21 1. All registration records, certificates, lists, and inventories
22 referred to in, or required by, this chapter shall be public records and
23 open to public inspection under the immediate supervision of the board
24 of elections or its employees and subject to such reasonable regulations
25 as such board may impose, provided, however, that NO DATA TRANSMITTED
26 PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED A PUBLIC
27 RECORD OPEN TO PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANSMISSION
28 AND THAT THE FOLLOWING INFORMATION SHALL NOT BE RELEASED FOR PUBLIC
29 INSPECTION:
30 (A) ANY VOTER'S SIGNATURE;
31 (B) THE PERSONAL RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
32 WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
33 (C) ANY PORTION OF a voter's driver's license number, [department of
34 motor vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
35 security number and facsimile number [shall not be released for public
36 inspection];
37 (D) ANY VOTER'S TELEPHONE NUMBER; AND
38 (E) ANY VOTER'S EMAIL ADDRESS. No such records shall be handled at
39 any time by any person other than a member of a registration board or
40 board of inspectors of elections or board of elections except as
41 provided by rules imposed by the board of elections.
42 S 25. Subdivision 4 of section 3-212 of the election law is amended by
43 adding two new paragraphs (c) and (d) to read as follows:
44 (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
45 SION, SHALL ALSO INCLUDE:
46 (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
47 FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
48 BY SOURCE;
49 (2) THE NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP-
50 TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE TO
51 VOTE;
52 (3) THE NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
53 VOTER REGISTRATION;
54 (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER REGISTRATION FORMS AND/OR
55 REQUESTS TO UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
56 SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
A. 1712--D 15
1 (5) THE NUMBER OF VOTERS WHO CORRECT VOTER REGISTRATION INFORMATION
2 USING THE ELECTION-DAY PROCEDURE DESCRIBED IN SECTION 8-302 OF THIS
3 CHAPTER.
4 (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
5 SION, SHALL EXCLUDE ANY INFORMATION THAT PERSONALLY IDENTIFIES ANY
6 PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
7 S 26. Section 17-104 of the election law is amended to read as
8 follows:
9 S 17-104. False registration. 1. Any person who:
10 [1.] (A) Registers or attempts to register as an elector in more than
11 one election district for the same election, or more than once in the
12 same election district; or,
13 [2.] (B) Registers or attempts to register as an elector, knowing that
14 he will not be a qualified voter in the district at the election for
15 which such registration is made; or
16 [3.] (C) Registers or attempts to register as an elector under any
17 name but his OR HER own; or
18 [4.] (D) Knowingly gives a false residence within the election
19 district when registering as an elector; or
20 [5.] (E) Knowingly permits, aids, assists, abets, procures, commands
21 or advises another to commit any such act, is guilty of a felony.
22 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, NO PERSON
23 SHALL BE LIABLE FOR AN ERROR IN THE STATEWIDE VOTER REGISTRATION LIST
24 UNLESS SUCH PERSON KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT IN
25 ORDER TO EFFECTUATE OR PERPETUATE VOTER REGISTRATION. AN ERROR IN THE
26 STATEWIDE VOTER REGISTRATION LIST SHALL NOT CONSTITUTE A FRAUDULENT OR
27 FALSE CLAIM TO CITIZENSHIP.
28 S 27. Subdivision 17 of section 3-102 of the election law, as renum-
29 bered by chapter 23 of the laws of 2005, is renumbered subdivision 21
30 and four new subdivisions 17, 18, 19 and 20 are added to read as
31 follows:
32 17. ENSURE THAT, UPON RECEIPT AND VERIFICATION OF A PERSON'S EXPRESS
33 REQUEST TO OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME AND REGIS-
34 TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
35 TRATION LISTS;
36 18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
37 PERSON WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART, TO
38 ANY THIRD PARTY FOR ANY PURPOSE OTHER THAN THE COMPILATION OF A JURY
39 LIST;
40 19. PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING EACH
41 CLASS OF USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE STATEWIDE VOTER
42 REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
43 REGISTRATION LIST AND TO ANY LIST PROVIDED BY A SOURCE AGENCY OR LIST
44 MAINTENANCE SOURCE, AND SETTING FORTH OTHER SAFEGUARDS TO PROTECT THE
45 PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
46 TION LIST;
47 20. PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF TRANSFER
48 OF ADDRESS BY ELECTRONIC MAIL; AND
49 S 28. This act shall take effect immediately; provided, however, that
50 sections two, three, four, six, seven, eight, ten, twelve, fourteen,
51 fifteen, nineteen, twenty, twenty-one, twenty-two, and twenty-three of
52 this act shall take effect January 1, 2014; provided further that
53 sections five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
54 of this act shall take effect January 1, 2015. Effective immediately,
55 any rules, regulations and agreements necessary to implement the
A. 1712--D 16
1 provisions of this act on its effective date are authorized and directed
2 to be completed on or before such date.
