Bill Text: NY A01713 | 2023-2024 | General Assembly | Introduced


Bill Title: Allows taxpayers to register to vote upon paying their taxes or changing their address.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2023-03-22 - enacting clause stricken [A01713 Detail]

Download: New_York-2023-A01713-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1713

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
          tee on Election Law

        AN ACT to amend the tax law, the real property tax law and  the  vehicle
          and traffic law, in relation to enacting the "taxpayer voter registra-
          tion act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "taxpayer voter registration act".
     3    §  2.  The  tax  law is amended by adding a new section 664 to read as
     4  follows:
     5    § 664. Voter registration. The commissioner  shall  require  that  all
     6  income  tax returns allow the taxpayer to register to vote by checking a
     7  box, to be included on the return, that  indicates  that  the  applicant
     8  would  like  to register to vote. Adjacent to such box, there shall be a
     9  statement in prominent type, "IF YOU CHECK THIS BOX, YOU SWEAR OR AFFIRM
    10  UNDER PENALTIES OF PERJURY THAT (1) YOU ARE  A  CITIZEN  OF  THE  UNITED
    11  STATES, (2) YOU WILL HAVE LIVED IN THE COUNTY, CITY OR VILLAGE LISTED AS
    12  YOUR  ADDRESS  ON  YOUR  TAX RETURN FOR AT LEAST 30 DAYS BEFORE THE NEXT
    13  ELECTION, (3) YOU MEET ALL THE REQUIREMENTS TO REGISTER,  AND  (4)  YOUR
    14  SIGNATURE  OR  MARK IS AFFIXED TO THIS TAX RETURN OR IS ON FILE WITH THE
    15  NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE OR THE NEW YORK  STATE
    16  DEPARTMENT OF MOTOR VEHICLES." The income tax returns shall also provide
    17  a  means  for the individual to select a political party affiliation, if
    18  so desired by the individual.
    19    § 3. The real property tax law is amended by adding a new section  997
    20  to read as follows:
    21    § 997. Voter registration; general. The taxing entity shall include on
    22  all  tax  bills issued under this chapter a check box, to be included on
    23  the bill, that indicates that the applicant would like  to  register  to
    24  vote.  Adjacent  to  such  box,  there shall be a statement in prominent

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03484-01-3

        A. 1713                             2

     1  type, "IF YOU CHECK THIS BOX, YOU SWEAR OR  AFFIRM  UNDER  PENALTIES  OF
     2  PERJURY  THAT  (1)  YOU ARE A CITIZEN OF THE UNITED STATES, (2) YOU WILL
     3  HAVE LIVED IN THE COUNTY, CITY OR VILLAGE LISTED AS YOUR ADDRESS ON YOUR
     4  TAX  RETURN  FOR AT LEAST 30 DAYS BEFORE THE NEXT ELECTION, (3) YOU MEET
     5  ALL THE REQUIREMENTS TO REGISTER, AND (4)  YOUR  SIGNATURE  OR  MARK  IS
     6  AFFIXED TO THIS TAX RETURN OR IS ON FILE WITH THE NEW YORK STATE DEPART-
     7  MENT  OF  TAXATION AND FINANCE OR THE NEW YORK STATE DEPARTMENT OF MOTOR
     8  VEHICLES." The tax bill shall also provide a means for the individual to
     9  select a political party affiliation, if so desired by the individual.
    10    § 4. The real property tax law is amended  by  adding  a  new  section
    11  997-a to read as follows:
    12    §  997-a.  Voter  registration;  change of address. Upon a transfer of
    13  residential real property, the real estate transfer  return  filed  with
    14  the  commissioner and signed by the buyer of such residential real prop-
    15  erty shall include a check box, to be included on  the  form  above  the
    16  signature  line  with a statement in prominent type, "NOTICE TO GRANTEE:
    17  New York State Election Law requires you to reregister to  vote  if  you
    18  change your address. By checking this box and signing and returning this
    19  form you will apply to vote under the address stated on this form unless
    20  you  opt-out. If you are not a resident of the United States or New York
    21  State, you cannot check this box. By checking this box and signing below
    22  you swear or affirm under penalties of perjury that (1) you are a  citi-
    23  zen of the United States, (2) you will have lived in the county, city or
    24  village  listed  as your address on your tax return for at least 30 days
    25  before the next election, (3) you meet all the requirements to register,
    26  and (4) your signature or mark is affixed to this tax return  or  is  on
    27  file  with  the New York State Department of Taxation and Finance or the
    28  New York State Department of Motor Vehicles. The  real  estate  transfer
    29  return  shall  also provide a means for the individual to select a poli-
    30  tical party affiliation, if so desired by the individual."
    31    § 5. The tax law is amended by adding a new  section  48  to  read  as
    32  follows:
    33    §  48.  Voter  registration.  (a)  The department shall electronically
    34  transmit to the state  board  of  elections,  and  the  state  board  of
    35  elections  shall electronically transmit to local boards of election, to
    36  the extent such information is available, in a format that can  be  read
    37  by  the  computerized  statewide  voter  registration list the following
    38  information for each person described in section six hundred  sixty-four
    39  of  this chapter and sections nine hundred ninety-seven and nine hundred
    40  ninety-seven-a of the real property tax law:
    41    (i) whether such person checked the box to indicate a desire to regis-
    42  ter to vote;
    43    (ii) given name or surname;
    44    (iii) mailing address and residential address;
    45    (iv) date of birth;
    46    (v) evidence of United States citizenship,  New  York  residence,  and
    47  attestation of eligibility;
    48    (vi) an electronic copy of the tax payer's signature; and
    49    (vii) political party enrollment, if any.
    50    (b) The state or local boards of elections shall:
    51    (i)  identify  all individuals whose information is transmitted by the
    52  department pursuant to this section and who are eligible to be, but  are
    53  not currently, registered to vote in the state; and
    54    (ii)  promptly  send  each  such  individual  written notice and shall
    55  include:
    56    (1) an explanation that voter registration is voluntary;

        A. 1713                             3

     1    (2) a statement offering the individual the opportunity to enroll with
     2  a political party or to decline to enroll with a political party, if the
     3  individual has not already enrolled with a political party;
     4    (3)  the voter eligibility requirements and a statement that the indi-
     5  vidual must decline registration if they do not meet such requirements;
     6    (4) a statement explaining that if the individual applies to  register
     7  to  vote  electronically, such individual thereby consents to the use of
     8  an electronic copy of the individual's manual signature that is  in  the
     9  custody  of  the  department  of  motor  vehicles,  the  state  board of
    10  elections or the local boards of election,  as  the  individual's  voter
    11  registration  exemplar  signature  if  the  individual  voter's exemplar
    12  signature is not provided with the voter registration application;
    13    (5) a request for documentation of United States citizenship  and  New
    14  York state residency, as required by law or regulation;
    15    (6)  penalties for submission of false information for registration to
    16  vote; and
    17    (7) instructions for correcting erroneous information.
    18    (c) The notice required by paragraph (ii) of subdivision (b)  of  this
    19  section  shall include a form that offers the individual the opportunity
    20  to elect to decline to register to vote and, in a separate section,  the
    21  opportunity  to  enroll  with  a political party or to decline to enroll
    22  with a political party if the individual  has  not  already  selected  a
    23  political  party  affiliation,  a  list of documents that can be used to
    24  establish the United States citizenship and New York  residency,  and  a
    25  postage pre-paid envelope to return the form.
    26    (d)  The  state board of elections shall prepare and distribute to the
    27  department  written  instructions  as  to  the  implementation  of   the
    28  provisions  of  this  section  and shall be responsible for establishing
    29  training programs for employees of the department.
    30    (e) The agreement between the state board of elections and the depart-
    31  ment shall include the format in which information will be  transmitted,
    32  the  frequency of data transmissions, the procedures, and other measures
    33  that will be used to ensure the security and privacy of the  information
    34  transmitted,  and any other matter necessary or helpful to implement the
    35  requirements of this section.
    36    (f) The department shall cooperate with the state board  of  elections
    37  and  county  boards of elections to facilitate the voter registration of
    38  each person described in this section, and  to  electronically  transmit
    39  the information needed to register each such person to vote or to update
    40  each such person's voter registration record.
    41    (g)  The department shall enter into an agreement with the state board
    42  of elections finalizing the format  and  content  of  electronic  trans-
    43  missions  required  by  this  section no later than September first, two
    44  thousand twenty-four; provided, that the department  shall  be  able  to
    45  comply  fully  with  all  requirements  of  this  section, including the
    46  collection and transmission of all data required to register individuals
    47  to vote, by January first, two thousand twenty-five.
    48    § 6. The vehicle and traffic law is amended by adding  a  new  section
    49  201-a to read as follows:
    50    §  201-a.  Voter  registration. Upon the request of the state board of
    51  elections, the commissioner shall release an electronic version  of  the
    52  individual's   manual signature that is in the custody of the department
    53  as the individual's voter registration exemplar signature  for  purposes
    54  of  voter  registration pursuant to sections forty-eight and six hundred
    55  sixty-four of the tax law and sections  nine  hundred  ninety-seven  and
    56  nine hundred ninety-seven-a of the real property tax law.

        A. 1713                             4

     1    §  7. This act shall take effect one year after it shall have become a
     2  law.  Effective immediately, the addition, amendment  and/or  repeal  of
     3  any  rule  or regulation necessary for the implementation of this act on
     4  its effective date are authorized to be made and completed on or  before
     5  such effective date.
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