Bill Text: NY A03789 | 2013-2014 | General Assembly | Introduced

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Bill Title: Amends the election law, in relation to requiring a government issued identification card to be presented when an individual casts a ballot.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Introduced - Dead) 2014-01-08 - referred to election law [A03789 Detail]

Download: New_York-2013-A03789-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3789
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced by M. of A. KATZ, HAWLEY, FINCH, CROUCH -- Multi-Sponsored by
         --  M. of A. BARCLAY, GOODELL, McLAUGHLIN -- read once and referred to
         the Committee on Election Law
       AN ACT to amend the election law, in relation to requiring a  government
         issued photo identification card to be presented when casting a ballot
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 8-303 of the election law, as added by chapter  420
    2  of the laws of 2004 and subparagraph 1 of paragraph (b) of subdivision 3
    3  as  amended  by  chapter  160 of the laws of 2005, is amended to read as
    4  follows:
    5    S 8-303. [Initial voter] VOTER identification.  1. Applicability. Each
    6  board of elections, in a uniform  and  nondiscriminatory  manner,  shall
    7  require  a  voter  to  meet  the requirements of subdivision two of this
    8  section [if:
    9    (a) the individual registered to vote in a jurisdiction by mail on  or
   10  after January first, two thousand three; and
   11    (b) the individual has not previously voted in an election for federal
   12  office in the jurisdiction of the board of elections].
   13    2.  Requirements. (a) In general. An individual meets the requirements
   14  of this subdivision if the individual:
   15    (1) in the case of an individual who votes in person: (i) presents  to
   16  the  appropriate  election inspector, clerk or coordinator a current and
   17  valid GOVERNMENT ISSUED photo identification[; or
   18    (ii) presents to the appropriate election inspector, clerk or  coordi-
   19  nator  a  copy  of  a  current  utility bill, bank statement, government
   20  check, paycheck, or other government document that shows  the  name  and
   21  address of the voter;] or
   22    (2)  in  the  case  of an individual who votes by mail, submits in the
   23  outer envelope with the envelope containing the ballot: [(i)] a copy  of
   24  a current and valid GOVERNMENT ISSUED photo identification[; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08011-01-3
       A. 3789                             2
    1    (ii)  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    (b)  Fail-safe  voting.  [(1)]  An  individual  who desires to vote in
    5  person, but who does not meet the requirements of [subparagraph  one  of
    6  paragraph (a) of this subdivision,] THIS SUBDIVISION may cast an affida-
    7  vit  ballot,  and  notwithstanding  this  section of law, such affidavit
    8  ballot shall be duly cast and counted, even though such individual  does
    9  not meet the requirements of [subparagraph one of paragraph (a) of] this
   10  [subdivision]  SECTION,  provided such individual casting such ballot is
   11  an otherwise eligible voter pursuant to law, provided further that  such
   12  ballot otherwise complies with the requirements of law.
   13    [(2)  An  individual who desires to vote by mail but who does not meet
   14  the requirements of subparagraph two of paragraph (a) of  this  subdivi-
   15  sion  may  cast such a ballot by mail and such ballot shall be duly cast
   16  and counted, notwithstanding this section, provided the voter is  deter-
   17  mined  to  be  an  eligible  voter and provided further that such ballot
   18  otherwise complies with the requirements of law.
   19    3. Inapplicability. Subdivisions one and two of this section shall not
   20  apply in the case of a person: (a) who registers to  vote  by  mail  and
   21  submits as part of such registration either:
   22    (1) a copy of a current and valid photo identification; or
   23    (2)  a  copy  of  a  current  utility bill, bank statement, government
   24  check, paycheck, or government document that shows the name and  address
   25  of the voter;
   26    (b)  (1) who registers to vote by mail and submits with such registra-
   27  tion either:
   28    (i) a driver's license or a department of  motor  vehicles  non-driver
   29  photo ID number; or
   30    (ii) at least the last four digits of the individual's social security
   31  number; and
   32    (2) with respect to whom a local board of elections matches the infor-
   33  mation submitted under subparagraph one of this paragraph with an exist-
   34  ing  state  identification  record  bearing the number, name and date of
   35  birth of such voter; or
   36    (c) who is:  (1)  entitled  to  vote  by  absentee  ballot  under  the
   37  Uniformed  and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
   38  et seq.);
   39    (2) provided the right to vote otherwise than in person under  section
   40  3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
   41  icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
   42    (3)  entitled to vote otherwise than in person under any other federal
   43  law.]
   44    S 2. This act shall take effect immediately.