Bill Text: NY S05236 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if the voter moves to a new county.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ELECTIONS [S05236 Detail]
Download: New_York-2011-S05236-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5236 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. CARLUCCI -- 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 a universal jurisdic- tion voting act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 1, 4, and 8 of section 5-208 of the election 2 law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996, 3 subdivision 4 as added by chapter 659 of the laws of 1994, are amended 4 to read as follows: 5 1. The board of elections shall transfer the registration and enroll- 6 ment of any voter for whom it receives a notice of change of address to 7 another address in [the same county or city] NEW YORK STATE, or for any 8 voter who casts a ballot in an affidavit ballot envelope which sets 9 forth such a new address. Such notices shall include, but not be limit- 10 ed to, notices received from any state agency which conducts a voter 11 registration program pursuant to the provisions of sections 5-211 and 12 5-212 of this title, that the voter has notified such agency of a change 13 of address in [the same city or county] NEW YORK STATE unless the voter 14 has indicated that such change of address is not for voter registration 15 purposes, notices of change of address from the United States Postal 16 Service through the National Change of Address System, any notices of a 17 forwarding address on mail sent to a voter by the board of elections and 18 returned by the postal service, national or state voter registration 19 forms, confirmation mailing response cards, United States Postal Service 20 notices to correspondents of change of address, applications for regis- 21 tration from persons already registered in [such county or city] NEW 22 YORK STATE, or any other notices to correspondents sent to the board of 23 elections by such voters. 24 4. If such application for registration from a voter already regis- 25 tered in [such county or city] NEW YORK STATE also reflects a change of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01121-01-1 S. 5236 2 1 enrollment, the board of elections shall treat such application as an 2 application for change of enrollment pursuant to section 5-304 of this 3 article. 4 8. If the board of elections receives notice of a change of address 5 within [such city or county] NEW YORK STATE from, or with respect to, a 6 person who it determines is not registered in [such county or city] NEW 7 YORK STATE, it shall forthwith send such person a notice to that effect 8 in a form approved by the state board of elections at the new address 9 set forth in such notice of change of address, together with a voter 10 registration form. 11 S 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section 12 8-302 of the election law, as amended by chapter 164 of the laws of 13 2010, is amended to read as follows: 14 (ii) He or she may swear to and subscribe an affidavit stating that he 15 or she has duly registered to vote, the address in such election 16 district from which he or she registered, that he or she remains a duly 17 qualified voter in such election district, that his or her registration 18 poll record appears to be lost or misplaced or that his or her name 19 and/or his or her signature was omitted from the computer generated 20 registration list or that he or she has moved within [the county or 21 city] NEW YORK STATE since he or she last registered, the address from 22 which he or she was previously registered and the address at which he or 23 she currently resides, and at a primary election, the party in which he 24 or she is enrolled. The inspectors of election shall offer such an affi- 25 davit to each such voter whose residence address is in such election 26 district. Each such affidavit shall be in a form prescribed by the 27 state board of elections, shall be printed on an envelope of the size 28 and quality used for an absentee ballot envelope, and shall contain an 29 acknowledgment that the affiant understands that any false statement 30 made therein is perjury punishable according to law. Such form 31 prescribed by the state board of elections shall request information 32 required to register such voter should the county board determine that 33 such voter is not registered and shall constitute an application to 34 register to vote. The voter's name and the entries required shall then 35 be entered without delay and without further inquiry in the fourth 36 section of the challenge report or in the place provided at the end of 37 the computer generated registration list, with the notation that the 38 voter has executed the affidavit hereinabove prescribed, or, if such 39 person's name appears on the computer generated registration list, the 40 board of elections may provide a place to make such entry next to his or 41 her name on such list. The voter shall then, without further inquiry, 42 be permitted to vote an affidavit ballot provided for by this chapter. 43 Such ballot shall thereupon be placed in the envelope containing his or 44 her affidavit, and the envelope sealed and returned to the board of 45 elections in the manner provided by this chapter for protested official 46 ballots, including a statement of the number of such ballots. 47 S 3. This act shall take effect immediately.