Bill Text: NY A04238 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires a government issued photo identification card be presented when casting a ballot; provides for a method to receive a government issued photo identification card at no charge.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-02 - enacting clause stricken [A04238 Detail]

Download: New_York-2017-A04238-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4238
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
                                       ___________
        Introduced by M. of A. MURRAY -- 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    §  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
    25    (ii)  a  copy  of  a  current utility bill, bank statement, government
    26  check, paycheck, or other government document that shows  the  name  and
    27  address of the voter].
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06293-02-7
        A. 4238                             2
     1    (b)  Fail-safe  voting.  [(1)]  An  individual  who desires to vote in
     2  person, but who does not meet the requirements of [subparagraph  one  of
     3  paragraph (a) of] this subdivision[,] may [cast an affidavit ballot, and
     4  notwithstanding this section of law, such affidavit ballot shall be duly
     5  cast and counted, even though such individual does not meet the require-
     6  ments of subparagraph one of paragraph (a) of this subdivision, provided
     7  such  individual  casting  such  ballot  is  an otherwise eligible voter
     8  pursuant to law, provided further that such  ballot  otherwise  complies
     9  with the requirements of law.
    10    (2)  An  individual  who desires to vote by mail but who does not meet
    11  the requirements of subparagraph two of paragraph (a) of  this  subdivi-
    12  sion  may  cast such a ballot by mail and such ballot shall be duly cast
    13  and counted, notwithstanding this section, provided the voter is  deter-
    14  mined  to  be  an  eligible  voter and provided further that such ballot
    15  otherwise complies with the requirements of law.
    16    3. Inapplicability. Subdivisions one and two of this section shall not
    17  apply in the case of a person: (a) who registers to  vote  by  mail  and
    18  submits as part of such registration either:
    19    (1) a copy of a current and valid photo identification; or
    20    (2)  a  copy  of  a  current  utility bill, bank statement, government
    21  check, paycheck, or government document that shows the name and  address
    22  of the voter;
    23    (b)  (1) who registers to vote by mail and submits with such registra-
    24  tion either:
    25    (i) a driver's license or a department of  motor  vehicles  non-driver
    26  photo ID number; or
    27    (ii) at least the last four digits of the individual's social security
    28  number; and
    29    (2) with respect to whom a local board of elections matches the infor-
    30  mation submitted under subparagraph one of this paragraph with an exist-
    31  ing  state  identification  record  bearing the number, name and date of
    32  birth of such voter; or
    33    (c) who is:  (1)  entitled  to  vote  by  absentee  ballot  under  the
    34  Uniformed  and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
    35  et seq.);
    36    (2) provided the right to vote otherwise than in person under  section
    37  3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
    38  icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
    39    (3)  entitled to vote otherwise than in person under any other federal
    40  law] obtain a copy of his or her birth certificate from the county, town
    41  or village clerk at no charge if he or she signs an affidavit indicating
    42  that such birth certificate is needed in order to obtain a valid govern-
    43  ment issued photo identification for purposes of casting  a  ballot.  No
    44  later  than  the  seventh  day before the election, the individual shall
    45  subsequently present such birth  certificate  to  the  county,  town  or
    46  village  clerk  who shall provide the individual with a valid government
    47  photo identification, at no charge, for purposes of casting a ballot.
    48    § 2. Subdivision 2 of section 8-400 of the election law is amended  by
    49  adding a new paragraph (e) to read as follows:
    50    (e) All applications shall be accompanied by a copy of the applicant's
    51  valid  government  issued  photo  identification  as required by section
    52  8-303 of this article. An  individual  may  obtain  a  valid  government
    53  issued photo identification for no charge as prescribed in paragraph (b)
    54  of subdivision two of section 8-303 of this article.
    55    § 3. This act shall take effect immediately.