Bill Text: NY A03288 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for automatic voter registration when registering a motor vehicle as well as when applying for services or assistance through a state agency, and allows for later implementation of automatic voter registration at other state agencies in the future.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A03288 Detail]

Download: New_York-2019-A03288-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3288
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A.  CARROLL,  GALEF,  COLTON, BENEDETTO, MOSLEY,
          D'URSO, BLAKE, NIOU, BICHOTTE,  RICHARDSON,  PHEFFER AMATO,  JONES  --
          Multi-Sponsored  by -- M.  of A. ENGLEBRIGHT, HYNDMAN -- read once and
          referred to the Committee on Election Law
        AN ACT to amend the election law, in relation to automatic voter  regis-
          tration  upon graduation from high school or completion of an applica-
          tion for a driver's license or identification card
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The election law is amended by adding a new section 5-200
     2  to read as follows:
     3    § 5-200. Automatic 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 does not elect to decline registration to vote
     8  at the point of service.
     9    2. The state board of elections or county  board  of  elections  shall
    10  register  to vote or update the registration record of any person in the
    11  state qualified to vote pursuant to section 5-102 of  this  article  who
    12  does  not  elect to decline registration to vote or update the registra-
    13  tion record at the point of service and does any of the following:
    14    (a) completes an application for a new or  renewed  driver's  license,
    15  non-driver   identification   card,  pre-licensing  course  certificate,
    16  learner's permit or certification of supervised driving with the depart-
    17  ment of motor vehicles, or notifies such  department  in  writing  of  a
    18  change of his or her name or address; or
    19    (b) graduates from a New York state high school.
    20    3.  The  state board of elections shall enter into agreements with the
    21  department of education and the department of motor vehicles  to  ensure
    22  that  for  each person described in subdivision two of this section, the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02053-01-9

        A. 3288                             2
     1  department of education and the department of motor  vehicles  electron-
     2  ically transmits to the state or local boards of elections the following
     3  information  in  a format that can be read by the computerized statewide
     4  voter registration list:
     5    (a) given name or names and surname or surnames;
     6    (b) mailing address and residential address;
     7    (c) date of birth;
     8    (d) citizenship;
     9    (e)  driver's  license  or non-driver identification card number, last
    10  four digits of the person's social security number, or a space  for  the
    11  person to indicate that he or she does not have any such number;
    12    (f) political party enrollment, if any;
    13    (g)  an  indication  that  the person intends to apply for an absentee
    14  ballot, if any; and
    15    (h) an image of the person's signature.
    16    In the event that any transmission of data pursuant  to  this  section
    17  fails to include an image of an individual's signature, the absence of a
    18  signature  shall  not  preclude the registration of an eligible citizen.
    19  The board of elections shall develop procedures to  enable  an  eligible
    20  citizen,  whose  information is transmitted pursuant to this section and
    21  whose information lacks an electronic signature, to provide a  signature
    22  at  the  polling  place  or  with  an application for an absentee ballot
    23  before voting. The board may require an elector who has not  provided  a
    24  signature before arriving at the polling place or submitting an absentee
    25  ballot  to present a current and valid photo identification or a copy of
    26  a current utility bill, bank statement, government check,  paycheck,  or
    27  other government document that shows the name and address of the voter.
    28    4.  If the department of education or the department of motor vehicles
    29  does not obtain information concerning the citizenship status of persons
    30  described in subdivision two of this section, it shall  obtain  informa-
    31  tion  sufficient  to  transmit  to the board of elections indications of
    32  United States citizenship for each person described in  subdivision  two
    33  of  this  section, but shall not retain, use, or share any such informa-
    34  tion relating to an individual's citizenship for any other purpose.
    35    5. Each high school and the department of motor vehicles shall include
    36  for each person described in subdivision two of this section a statement
    37  that he or she shall be registered to vote, if he or she is not  already
    38  so  registered, provided, however, that each high school and the depart-
    39  ment of motor vehicles shall provide each person described  in  subdivi-
    40  sion  two  of this section the opportunity to elect to decline registra-
    41  tion to vote at the point of service, and upon such election, he or  she
    42  shall  not  be  registered  to  vote  pursuant to the procedures in this
    43  section at that time.
    44    6. The state board of elections shall prepare and  distribute  to  the
    45  department  of motor vehicles written instructions as to the implementa-
    46  tion of the program and shall be responsible for  establishing  training
    47  programs for employees. Training shall include requirements that employ-
    48  ees  of  the department of motor vehicles communicate to each individual
    49  identified in subdivision two of this section  that  the  department  of
    50  motor  vehicles  maintains  strict neutrality with respect to a person's
    51  party enrollment and all persons seeking voter  registration  forms  and
    52  information  shall  be  advised  that government services are not condi-
    53  tioned on being registered to vote, or eligibility to register to  vote.
    54  No statement shall be made nor any action taken to discourage the appli-
    55  cant from registering to vote.

        A. 3288                             3
     1    7.  The  state  board  of  elections and department of education shall
     2  prepare and distribute to each high  school  within  the  state  written
     3  instructions  as  to  the  implementation  of  the  program and shall be
     4  responsible for establishing training programs for  employees.  Training
     5  shall include requirements that employees of the high school communicate
     6  to  each  student  that the high school maintains strict neutrality with
     7  respect to a person's party enrollment and all  students  seeking  voter
     8  registration  forms and information shall be advised that they shall not
     9  be disciplined based on being registered to vote, party  enrollment,  or
    10  eligibility  to  register  to  vote.  No statement shall be made nor any
    11  action taken to discourage a student from registering to vote.
    12    8. The agreements between the state board of elections and the depart-
    13  ment of education and the department of motor vehicles shall include the
    14  format in which information will be transmitted, whether  and  how  each
    15  entity  will collect, in addition to the mandatory information listed in
    16  subdivision three of this section, additional information on a voluntary
    17  basis from persons for the purpose of facilitating  voter  registration,
    18  the  frequency of data transmissions, the procedures, and other measures
    19  that will be used to ensure the security and privacy of the  information
    20  transmitted,  and any other matter necessary or helpful to implement the
    21  requirements of this section.
    22    9. The department of education and the department  of  motor  vehicles
    23  shall  cooperate  with  the state board of elections and county board of
    24  elections to facilitate the voter registration of each person  described
    25  in  subdivision  two of this section, and to electronically transmit the
    26  information needed to register each such person to  vote  or  to  update
    27  each such person's voter registration record.
    28    10.  The  department of education and the department of motor vehicles
    29  shall enter into an agreement with the state board of elections finaliz-
    30  ing the format and content of electronic transmissions required by  this
    31  section  no  later  than September first, two thousand twenty; provided,
    32  that the department of education and the department  of  motor  vehicles
    33  shall  be  able  to  comply fully with all requirements of this section,
    34  including the collection and transmission of all data required to regis-
    35  ter individuals to vote, by January first, two thousand twenty-one.
    36    § 2. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law.
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