Bill Text: NY S01803 | 2013-2014 | General Assembly | Introduced


Bill Title: Designates state and city universities of New York as participating agencies for voter registration form distribution and assistance; permits independent institutions to do the same upon request; requires SUNY and CUNY independent institutions to offer each applicant an application for an absentee ballot.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ELECTIONS [S01803 Detail]

Download: New_York-2013-S01803-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1803
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens. ESPAILLAT, CARLUCCI, KRUEGER, MONTGOMERY, PERKINS,
         SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
         committed to the Committee on Elections
       AN  ACT  to amend the election law, in relation to designating the state
         and city universities of New York as participating agencies for  voter
         registration  form  distribution  and assistance, and permitting inde-
         pendent institutions of higher education to do the same upon request
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of section 5-211 of the election law,
    2  as  amended  by  chapter  200 of the laws of 1996, is amended to read as
    3  follows:
    4    Each agency designated as a participating agency under the  provisions
    5  of this section shall implement and administer a program of distribution
    6  of  voter registration forms pursuant to the provisions of this section.
    7  The following offices which provide  public  assistance  and/or  provide
    8  state funded programs primarily engaged in providing services to persons
    9  with  disabilities are hereby designated as voter registration agencies:
   10  designated as the state agencies which provide public assistance are the
   11  department of [social services] FAMILY ASSISTANCE and the department  of
   12  health.   Also designated as public assistance agencies are all agencies
   13  of local government that provide such assistance.  Designated  as  state
   14  agencies  that  provide programs primarily engaged in providing services
   15  to people with disabilities are the department of labor, office for  the
   16  aging, division of veterans' affairs, office of mental health, office of
   17  vocational  and  educational services for individuals with disabilities,
   18  commission on quality of care  for  the  mentally  disabled,  office  of
   19  mental  retardation  and  developmental disabilities, commission for the
   20  blind and visually handicapped, office of alcoholism and substance abuse
   21  services, the office of the advocate for the disabled  and  all  offices
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02656-01-3
       S. 1803                             2
    1  which  administer programs established or funded by such agencies. Addi-
    2  tional [state] PARTICIPATING agencies designated as  voter  registration
    3  offices  are  the  department  of  state  [and], the [division] DISTRICT
    4  OFFICES  of THE workers' compensation BOARD, AND ALL INSTITUTIONS OF THE
    5  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF  NEW  YORK;  AND
    6  ANY  DEGREE-GRANTING  INSTITUTION OF HIGHER EDUCATION DESCRIBED IN ARTI-
    7  CLES  ONE  HUNDRED  FIFTEEN,  ONE  HUNDRED   TWENTY-ONE,   ONE   HUNDRED
    8  TWENTY-THREE,  ONE  HUNDRED  TWENTY-SIX  AND  ONE HUNDRED TWENTY-NINE OF
    9  TITLE VII OF THE EDUCATION LAW WHICH ELECTS TO BE A PARTICIPATING AGENCY
   10  BY FILING WITH THE STATE BOARD OF ELECTIONS A NOTICE IN WHICH  IT  MAKES
   11  SUCH AN ELECTION.  Such agencies shall be required to offer voter regis-
   12  tration  forms  to  persons  upon  initial application for services, FOR
   13  PARTICIPATION IN ACTIVITIES OR FOR USE OF FACILITIES, AND  UPON  renewal
   14  or  recertification  for services, PARTICIPATION IN ACTIVITIES OR USE OF
   15  FACILITIES, and UPON  change  of  address  relating  to  such  services,
   16  PARTICIPATION  IN  ACTIVITIES  OR USE OF FACILITIES OF THE AGENCY.  Such
   17  agencies shall also be responsible for providing  assistance  to  appli-
   18  cants in completing voter registration forms, receiving and transmitting
   19  the completed application form from all applicants who wish to have such
   20  form  transmitted to the appropriate board of elections. The state board
   21  of elections shall, together with representatives of the  UNITED  STATES
   22  department  of  defense,  develop and implement procedures for including
   23  recruitment offices of the armed forces of the United  States  as  voter
   24  registration offices when such offices are so designated by federal law.
   25  The  state  board  OF  ELECTIONS  shall  also make request of the United
   26  States [Immigration and Naturalization Service]  CITIZENSHIP  AND  IMMI-
   27  GRATION  SERVICES  to include applications for registration by mail with
   28  any materials which are given to new citizens.  All institutions of  the
   29  state university of New York and the city university of New York, shall,
   30  at  the  beginning of the school year, and again in January of a year in
   31  which the president of the United States is to be  elected,  provide  an
   32  application for VOTER registration to each student in each such institu-
   33  tion.    The state board of elections may, by regulation, grant a waiver
   34  from any or all of the requirements of this section  to  any  office  or
   35  program  of an agency, if it determines that it is not feasible for such
   36  office or program to administer such requirement.
   37    S 2. Subdivision 4 of section 5-211 of the election law, as  added  by
   38  chapter 659 of the laws of 1994, is amended to read as follows:
   39    4.  Each participating agency shall provide to each applicant who does
   40  not decline to register to vote  the  same  degree  of  assistance  with
   41  regard  to  the  completion  of  the registration application form as is
   42  provided by the agency with regard to the completion  of  its  own  form
   43  unless  the  applicant  refuses such assistance. ALL INSTITUTIONS OF THE
   44  STATE UNIVERSITY OF NEW YORK AND  ALL  DEGREE-GRANTING  INSTITUTIONS  OF
   45  HIGHER  EDUCATION DESCRIBED IN ARTICLES ONE HUNDRED FIFTEEN, ONE HUNDRED
   46  TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE  HUNDRED  TWENTY-SIX  AND  ONE
   47  HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH HAVE ELECTED
   48  TO  BE  PARTICIPATING AGENCIES PURSUANT TO THE OPENING PARAGRAPH OF THIS
   49  SECTION SHALL ALSO PROVIDE SUCH LEVEL OF ASSISTANCE TO EACH  PERSON  WHO
   50  WISHES TO COMPLETE AN APPLICATION FOR AN ABSENTEE BALLOT.
   51    S  3.  The  opening paragraph of subdivision 8 of section 5-211 of the
   52  election law, as amended by chapter 659 of the laws of 1994, is  amended
   53  to read as follows:
   54    Each  participating  agency, department, division or office that makes
   55  available voter registration forms OR ABSENTEE BALLOT  APPLICATIONS,  OR
   56  BOTH, pursuant to this section shall offer with each application for the
       S. 1803                             3
    1  services or assistance, PARTICIPATION IN ACTIVITIES OR USE OF FACILITIES
    2  of  such  agency, department, division or office and with each recertif-
    3  ication, renewal or change of address form relating to such  service  or
    4  assistance,  PARTICIPATION  IN ACTIVITIES OR USE OF FACILITIES, a regis-
    5  tration form together  with  instructions  relating  to  eligibility  to
    6  register  and  for  completing  the  form  except that forms used by the
    7  department of [social services] FAMILY ASSISTANCE for the initial appli-
    8  cation for services, renewal or recertification for services and  change
    9  of  address  relating  to  such  services shall physically incorporate a
   10  voter registration application in  a  fashion  that  permits  the  voter
   11  registration  portion  of  the agency form to be detached therefrom. ALL
   12  INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK AND ALL DEGREE-GRANTING
   13  INSTITUTIONS OF HIGHER  EDUCATION  DESCRIBED  IN  ARTICLES  ONE  HUNDRED
   14  FIFTEEN,  ONE  HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE HUNDRED
   15  TWENTY-SIX AND ONE HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW
   16  WHICH HAVE ELECTED TO BE PARTICIPATING AGENCIES PURSUANT TO THE  OPENING
   17  PARAGRAPH OF THIS SECTION SHALL ALSO OFFER EACH SUCH APPLICANT AN APPLI-
   18  CATION FOR AN ABSENTEE BALLOT. Such voter registration application shall
   19  be  designed  so  as  to ensure the confidentiality of the source of the
   20  application. Included on each  participating  agency's  application  for
   21  services or assistance or on a separate form shall be:
   22    S 4. This act shall take effect on the one hundred twentieth day after
   23  it  shall have become a law, provided however, that effective immediate-
   24  ly, the addition, amendment and/or repeal of any  rules  or  regulations
   25  necessary  for  the implementation of this act on its effective date are
   26  authorized and directed to be made  and  completed  on  or  before  such
   27  effective date.
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