Bill Text: NY A02278 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Introduced - Dead) 2017-12-15 - enacting clause stricken [A02278 Detail]
Download: New_York-2017-A02278-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2278 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. KAVANAGH, CUSICK, RIVERA, MOSLEY, THIELE, GOTT- FRIED, JAFFEE, FAHY, LUPARDO, ABINANTI, WALKER, ROSENTHAL, SIMON, SEPULVEDA, BENEDETTO, QUART, ROZIC, COLTON, BLAKE, BRINDISI, HYNDMAN, HARRIS, SOLAGES -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GLICK, MAYER, PEOPLES-STOKES -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to enacting the "voter empowerment act of New York" 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 "voter empowerment act of New York". 3 § 2. Section 5-104 of the election law is amended by adding a new 4 subdivision 3 to read as follows: 5 3. The provisions set forth in subdivision one of this section regard- 6 ing the right of students to register and vote shall be interpreted in a 7 manner consistent with the constitutional requirement that each citizen 8 must be permitted to vote in that community which is the "locus of ... 9 primary concern" to that citizen at the time of the election. According- 10 ly, a student attending a college or university in this state shall be 11 permitted to retain his or her parental residence for voting purposes if 12 the parental community remains the locus of the student's primary 13 concern or, in the alternative, a student shall be permitted to register 14 and vote from his or her residence within the college or university 15 community if he or she regards the college or university as the communi- 16 ty of primary concern. 17 § 3. The election law is amended by adding a new section 5-200 to read 18 as follows: 19 § 5-200. Automatic voter registration. 1. Notwithstanding any other 20 manner of registration required by this article, each person in the 21 state qualified to vote pursuant to section 5-102 of this article, shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03066-01-7A. 2278 2 1 be automatically registered to vote as provided in this section, 2 provided that the person does not elect to decline registration to vote 3 at the point of service. 4 2. The state board of elections or county board of elections shall 5 register to vote or update the registration record of any person in the 6 state qualified to vote pursuant to section 5-102 of this article who 7 does not elect to decline registration to vote or update the registra- 8 tion record at the point of service and does any of the following: 9 (a) completes an application for a new or renewed driver's license, 10 non-driver identification card, pre-licensing course certificate, 11 learner's permit or certification of supervised driving with the depart- 12 ment of motor vehicles, or notifies such department in writing of a 13 change of his or her name or address; 14 (b) completes an application for services, renewal or recertification 15 for services, or change of address relating to such services from agen- 16 cies designated in section 5-211 of this title; 17 (c) completes an application for services, renewal or recertification 18 for services, or change of address relating to such services from any 19 municipal housing authority as set forth in article thirteen of the 20 public housing law; 21 (d) registers for classes at institutions of the state university of 22 New York and the city university of New York; 23 (e) completes a maximum sentence of imprisonment or is discharged from 24 parole; 25 (f) completes an application for unemployment insurance; 26 (g) becomes a member or employee of the New York division of military 27 and naval affairs; or 28 (h) completes an application with any other state or federal agency 29 designated as a source agency pursuant to paragraph (b) of subdivision 30 three of this section. 31 3. (a) The term "source agency" includes the department of motor vehi- 32 cles, any government agency designated pursuant to section 5-211 of this 33 title, the state university of New York and the city university of New 34 York, all public housing authorities listed in article thirteen of the 35 public housing law, the department of corrections and community super- 36 vision, the department of labor, the New York division of military and 37 naval affairs and any agency designated by the state board of elections 38 pursuant to paragraph (b) of this subdivision. 39 (b) The state board of elections may designate additional state agen- 40 cies to serve as sources for voter registration. In designating an agen- 41 cy under this paragraph, the state board of elections shall consider: 42 (i) the likelihood that source records reflect a large number of 43 eligible citizens; 44 (ii) the extent to which source records reflect eligible citizens who 45 would not otherwise be registered under the act to modernize voter 46 registration; 47 (iii) the accuracy of personal identification data in source records; 48 and 49 (iv) any additional factors designated by the chief election official 50 as reasonably related to accomplishing the purposes of the act to 51 modernize voter registration. 52 4. The state board of elections and the source agencies shall enter 53 into agreements to ensure that for each person described in subdivision 54 two of this section, each source agency electronically transmits to the 55 state or local boards of elections the following information in a format 56 that can be read by the computerized statewide voter registration list:A. 2278 3 1 (a) given name or names and surname or surnames; 2 (b) mailing address and residential address; 3 (c) date of birth; 4 (d) citizenship; 5 (e) driver's license or non-driver identification card number, last 6 four digits of the person's social security number, or a space for the 7 person to indicate that he or she does not have any such number; 8 (f) political party enrollment, if any; 9 (g) an indication that the person intends to apply for an absentee 10 ballot, if any; and 11 (h) an image of the person's signature. 12 In the event that any transmission of data pursuant to this section 13 fails to include an image of an individual's signature, the absence of a 14 signature shall not preclude the registration of an eligible citizen. 15 The board of elections shall develop procedures to enable an eligible 16 citizen, whose information is transmitted pursuant to this section and 17 whose information lacks an electronic signature, to provide a signature 18 at the polling place or with an application for an absentee ballot 19 before voting. The board may require an elector who has not provided a 20 signature before arriving at the polling place or submitting an absentee 21 ballot to present a current and valid photo identification or a copy of 22 a current utility bill, bank statement, government check, paycheck, or 23 other government document that shows the name and address of the voter. 24 5. If an agency does not routinely request information concerning the 25 citizenship status of individuals, it shall maintain records sufficient 26 to transmit to the board of elections indications of United States citi- 27 zenship for each person described in subdivision two of this section, 28 but shall not retain, use, or share any such information relating to an 29 individual's citizenship for any other purpose. 30 6. Each source agency shall include for each person described in 31 subdivision two of this section a statement that he or she shall be 32 registered to vote, if he or she is not already so registered, provided, 33 however, that each source agency shall provide each person described in 34 subdivision two of this section the opportunity to elect to decline 35 registration to vote at the point of service, and upon such election, he 36 or she shall not be registered to vote pursuant to the procedures in 37 this section at that time. 38 7. The state board of elections shall prepare and distribute to 39 participating agencies written instructions as to the implementation of 40 the program and shall be responsible for establishing training programs 41 for employees of source agencies listed in this section. Training shall 42 include requirements that employees of any source agency communicate to 43 each individual identified in subdivision two of this section that the 44 source agency maintains strict neutrality with respect to a person's 45 party enrollment and all persons seeking voter registration forms and 46 information shall be advised that government services are not condi- 47 tioned on being registered to vote, or eligibility to register to vote. 48 No statement shall be made nor any action taken to discourage the appli- 49 cant from registering to vote. 50 8. The agreements between the state board of elections and the source 51 agencies shall include the format in which information will be transmit- 52 ted, whether and how each entity will collect, in addition to the manda- 53 tory information listed in subdivision four of this section, additional 54 information on a voluntary basis from persons for the purpose of facili- 55 tating voter registration, the frequency of data transmissions, the 56 procedures, and other measures that will be used to ensure the securityA. 2278 4 1 and privacy of the information transmitted, and any other matter neces- 2 sary or helpful to implement the requirements of this section. 3 9. Each source agency shall cooperate with the state board of 4 elections and county board of elections to facilitate the voter regis- 5 tration of each person described in subdivision two of this section, and 6 to electronically transmit the information needed to register each such 7 person to vote or to update each such person's voter registration 8 record. 9 10. Each source agency shall enter into an agreement with the state 10 board of elections finalizing the format and content of electronic tran- 11 smissions required by this section no later than September first, two 12 thousand eighteen; provided, that each source agency shall be able to 13 comply fully with all requirements of this section, including the 14 collection and transmission of all data required to register individuals 15 to vote, by January first, two thousand nineteen. 16 § 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi- 17 vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6 18 as added by chapter 659 of the laws of 1994, are amended to read as 19 follows: 20 1. The board of elections shall transfer the registration and enroll- 21 ment of any voter for whom it receives a notice of change of address to 22 another address in the [same county or city] state, or for any voter who 23 [casts] submits a ballot in an affidavit ballot envelope which sets 24 forth such a new address. Such notices shall include, but not be limit- 25 ed to, notices received from any state agency which conducts a voter 26 registration program pursuant to the provisions of sections 5-211 and 27 5-212 of this title or which transmit information, that the voter has 28 notified such agency of a change of address in the [same city or county] 29 state unless the voter has indicated that such change of address is not 30 for voter registration purposes, notices of change of address from the 31 United States Postal Service through the National Change of Address 32 System, any notices of a forwarding address on mail sent to a voter by 33 the board of elections and returned by the postal service, national or 34 state voter registration forms, confirmation mailing response cards, 35 United States Postal Service notices to correspondents of change of 36 address, applications for registration from persons already registered 37 [in such county or city], or any other notices to correspondents sent to 38 the board of elections by such voters. 39 6. If a notice sent pursuant to [subdivision five of] this section is 40 returned [by the postal service] as undeliverable and without a forward- 41 ing address, the board of elections shall return the registration of 42 such voter to the original address, send such voter a confirmation 43 notice pursuant to the provisions of subdivision one of section 5-712 of 44 this [title] article and place such voter in inactive status. 45 § 5. Subdivision 3 of section 5-208 of the election law, as added by 46 chapter 659 of the laws of 1994, is amended to read as follows: 47 3. If such a notice is received at least [twenty] ten days before a 48 primary, special or general election, such change of address must be 49 completed before such election. If such a notice is not received at 50 least ten days before a primary, special or general election, then a 51 voter may vote in accordance with subdivision three-d of section 8-302 52 of this chapter. 53 § 6. Subdivision 1 of section 4-117 of the election law, as amended by 54 chapter 44 of the laws of 2016, is amended to read as follows: 55 1. The board of elections, between August first and August fifth of 56 each year, shall send by mail on which is endorsed such language desig-A. 2278 5 1 nated by the state board of elections to ensure postal authorities do 2 not forward such mail but return it to the board of elections with 3 forwarding information, when it cannot be delivered as addressed and 4 which contains a request that any such mail received for persons not 5 residing at the address be dropped back in the mail, a communication, in 6 a form approved by the state board of elections, to every registered 7 voter who has been registered without a change of address since the 8 beginning of such year, except that the board of elections shall not be 9 required to send such communications to voters in inactive status. The 10 communication shall notify the voter of the days and hours of the ensu- 11 ing primary and general elections, the place where he appears by his 12 registration records to be entitled to vote, the fact that voters who 13 have moved or will have moved from the address where they were last 14 registered must [re-register or, that if such move was to another15address in the same county or city, that such voter may] either notify 16 the board of elections of his new address or vote by paper ballot at the 17 polling place for his new address even if such voter has not re-regis- 18 tered, or otherwise notified the board of elections of the change of 19 address. If the location of the polling place for the voter's election 20 district has been moved, the communication shall contain the following 21 legend in bold type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE 22 AT..........". The communication shall also indicate whether the poll- 23 ing place is accessible to physically disabled voters, that a voter who 24 will be out of the city or county on the day of the primary or general 25 election or a voter who is ill or physically disabled may obtain an 26 absentee ballot, that a physically disabled voter whose polling place is 27 not accessible may request that his registration record be moved to an 28 election district which has a polling place which is accessible, the 29 phone number to call for applications to move a registration record or 30 for absentee ballot applications, the phone number to call for the 31 location of registration and polling places, the phone number to call to 32 indicate that the voter is willing to serve on election day as an 33 election inspector, poll clerk, interpreter or in other capacities, the 34 phone number to call to obtain an application for registration by mail, 35 and such other information concerning the elections or registration as 36 the board may include. In lieu of sending such communication to every 37 registered voter, the board of elections may send a single communication 38 to a household containing more than one registered voter, provided that 39 the names of all such voters appear as part of the address on such 40 communication. 41 § 7. Paragraph (a) of subdivision 1 of section 5-400 of the election 42 law, as amended by chapter 659 of the laws of 1994, is amended to read 43 as follows: 44 (a) Moved his or her residence outside the [city or county in which he45is registered] state. 46 § 8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of 47 the election law, paragraphs (b) and (d) as added by section 20 and 48 paragraph (c) as added and paragraph (d) as relettered by section 22 of 49 chapter 659 of the laws of 1994, are amended to read as follows: 50 (b) A notice that the registrant has moved to an address outside the 51 [city or county] state which is signed by the registrant and sent to the 52 board of elections. 53 (c) A notice signed by the registrant which states that such regis- 54 trant has moved to an address outside the [city or county] state and 55 that such change of address is for voter registration purposes.A. 2278 6 1 (d) A notice from a board of elections or other voter registration 2 officer or agency that such person has registered to vote from an 3 address outside [such city or county] the state. 4 § 9. Subdivision 3 of section 5-210 of the election law, as amended by 5 chapter 255 of the laws of 2015, is amended to read as follows: 6 3. Completed application forms, when received by any board of 7 elections and, with respect to application forms promulgated by the 8 federal election commission, when received by the state board of 9 elections, or showing a dated cancellation mark of the United States 10 Postal Service or contained in an envelope showing such a dated cancel- 11 lation mark which is not later than the [twenty-fifth] tenth day before 12 the next ensuing primary, general or special election, and received no 13 later than the [twentieth] fifth day before such election, or delivered 14 in person to such board of elections not later than the tenth day before 15 a special election, shall entitle the applicant to vote in such 16 election, if he or she is otherwise qualified, provided, however, such 17 applicant shall not vote on a voting machine until his or her identity 18 is verified. Any board of elections receiving an application form from a 19 person who does not reside in its jurisdiction but who does reside else- 20 where in the state of New York, shall forthwith forward such application 21 form to the proper board of elections. Each board of elections shall 22 make an entry on each such form of the date it is received by such 23 board. 24 § 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the 25 election law, as amended by chapter 179 of the laws of 2005, subpara- 26 graph (xii) of paragraph (k) as added by chapter 362 of the laws of 27 2008, are amended and a new paragraph (n) is added to read as follows: 28 (g) Notice that the applicant must be a citizen of the United States, 29 is [or will be at least eighteen years old not later than December thir-30ty-first of the calendar year in which he or she registers] at least 31 sixteen years old when he or she submits an application to register to 32 vote and a resident of the county or city to which application is made. 33 (k) The form shall also include space for the following information, 34 which must be contained on the inside of the form after it is folded for 35 mailing: 36 (i) A space for the applicant to indicate whether or not he or she has 37 ever voted or registered to vote before and, if so, the approximate year 38 in which such applicant last voted or registered and his or her name and 39 address at the time. 40 (ii) The name and residence address of the applicant including the zip 41 code and apartment number, if any. 42 (iii) The date of birth of the applicant. 43 (iv) A space for the applicant to indicate his or her driver's license 44 or department of motor vehicles non-driver photo ID number or the last 45 four digits of his or her social security number or, if the applicant 46 does not have either such number, a space for the applicant to indicate 47 he or she does not have either. 48 (v) A space for the applicant to indicate whether or not he or she is 49 a citizen of the United States and the statement "If you checked "no" in 50 response to this question, do not complete this form." 51 (vi) [A space for the applicant to answer the question "Will you be 1852years of age on or before election day?" and the statement "If you53checked "no" in response to this question, do not complete this form54unless you will be 18 by the end of the year."55(vii)] A statement informing the applicant that if the form is submit- 56 ted by mail and the applicant is registering for the first time, certainA. 2278 7 1 information or documents must be submitted with the mail-in registration 2 form in order to avoid additional identification requirements upon 3 voting for the first time. Such information and documents are: 4 (A) a driver's license or department of motor vehicles non-driver 5 photo ID number; or 6 (B) the last four digits of the individual's social security number; 7 or 8 (C) a copy of a current and valid photo identification; or 9 (D) a copy of a current utility bill, bank statement, government 10 check, paycheck or other government document that shows the name and 11 address of the voter. 12 [(viii)] (vii) The gender of the applicant (optional). 13 [(ix)] (viii) A space for the applicant to indicate his or her choice 14 of party enrollment, with a clear alternative provided for the applicant 15 to decline to affiliate with any party. 16 [(x)] (ix) The telephone number of the applicant (optional). 17 [(xi)] (x) A place for the applicant to execute the form on a line 18 which is clearly labeled "signature of applicant" preceded by the 19 following specific form of affirmation: 20 AFFIDAVIT: I swear or affirm that: 21 * I am a citizen of the United States. 22 * I will have lived in the county, city, or village for at least 30 23 days before the election. 24 * I meet all the requirements to register to vote in New York 25 State. 26 * This is my signature or mark on the line below. 27 * All the information contained on this application is true. I 28 understand that if it is not true I can be convicted and fined up 29 to $5,000 and/or jailed for up to four years. 30 which form of affirmation shall be followed by a space for the date and 31 the aforementioned line for the applicant's signature. 32 [(xii)] (xi) A space for the applicant to register in the New York 33 state donate life registry for organ and tissue donations established 34 pursuant to section forty-three hundred ten of the public health law. 35 (xii) The email address of the applicant (optional). 36 (n) Agreements adopted pursuant to section 5-200 of this title between 37 source agencies and the state or county boards of elections are not 38 required to include the collection or transmission of the information 39 requested in paragraph (j) or subparagraph (i), (vii), (ix) or (xi) of 40 paragraph (k) of this subdivision, and no board of election shall refuse 41 to register to vote or update the registration record of any person in 42 the state whose information is transmitted pursuant to section 5-200 of 43 this title for the reason that such information does not include the 44 information requested by paragraph (j) or subparagraph (i), (vii), 45 (viii), (ix) or (xi) of paragraph (k) of this subdivision. 46 § 11. Subdivisions 9, 11 and 14 of section 5-210 of the election law, 47 subdivision 9 as amended by chapter 44 of the laws of 2016 and subdivi- 48 sions 11 and 14 as amended by chapter 179 of the laws of 2005, are 49 amended to read as follows: 50 9. The county board of elections shall, promptly and in any event, not 51 later than twenty-one days after receipt by it of the application, veri- 52 fy the identity of the applicant, except if such board receives the 53 application within twenty-one days of a special, primary or general 54 election, the board shall verify the identity of the applicant within 55 five days or before such election, whichever shall be sooner. In order 56 to do so, the county board of elections shall utilize the informationA. 2278 8 1 provided in the application and shall attempt to verify such information 2 with the information provided by the department of motor vehicles, 3 social security administration and any other lawful available informa- 4 tion source. If the county board of elections is unable to verify the 5 identity of the applicant within twenty-one days of the receipt of the 6 application, it shall immediately take steps to confirm that the infor- 7 mation provided by the applicant was accurately utilized by such county 8 board of elections, was accurately verified with other information 9 sources and that no data entry error, or other similar type of error, 10 occurred. Following completion of the preceding steps, the county board 11 of elections shall mail (a) a notice of its approval, (b) a notice of 12 its approval which includes an indication that such board has not yet 13 been able to verify the identity of the applicant and a request for more 14 information so that such verification may be completed, or (c) a notice 15 of its rejection of the application to the applicant in a form approved 16 by the state board of elections. Notices of approval, notices of 17 approval with requests for more information or notices of rejection 18 shall be sent by nonforwardable first class or return postage guaranteed 19 mail on which is endorsed such language designated by the state board of 20 elections to ensure postal authorities do not forward such mail but 21 return it to the board of elections with forwarding information, when it 22 cannot be delivered as addressed and which contains a request that any 23 such mail received for persons not residing at the address be dropped 24 back in the mail. The voter's registration and enrollment shall be 25 complete upon receipt of the application by the appropriate county board 26 of elections. The failure of a county board of elections to verify an 27 applicant's identity shall not be the basis for the rejection of a 28 voter's application, provided, however, that such verification failure 29 shall be the basis for requiring county board of elections to take the 30 additional verification steps provided by this chapter. The notice shall 31 also advise the registrant of the date when his registration and enroll- 32 ment is effective, of the date and the hours of the next regularly sche- 33 duled primary or general election in which he will be eligible to vote, 34 of the location of the polling place of the election district in which 35 he is or will be a qualified voter, whether such polling place is acces- 36 sible to physically handicapped voters, an indication that physically 37 handicapped voters or voters who are ill or voters who will be out of 38 the city or county on the day of the primary or general election, may 39 obtain an absentee ballot and the phone number to call for absentee 40 ballot applications, the phone numbers to call for location of polling 41 places, to obtain registration forms and the phone number to call to 42 indicate that the voter is willing to serve on election day as an 43 inspector, poll clerk or interpreter. The notice of approval, notice of 44 approval with request for more information or notice of rejection shall 45 also advise the applicant to notify the board of elections if there is 46 any inaccuracy. The form of such mail notification shall be prescribed 47 by the state board of elections and shall contain such other information 48 and instructions as it may reasonably require to carry out the purposes 49 of this section. The request for more information shall inform the voter 50 that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND CORRECT ANY 51 INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMA- 52 TION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO 53 CAST A VOTE ON A VOTING MACHINE." If such notice is returned undelivered 54 without a new address, the board shall forthwith send such applicant a 55 confirmation notice pursuant to the provisions of section 5-712 of this 56 article and place such applicant in inactive status. The state board ofA. 2278 9 1 elections shall prepare uniform notices by this section as provided for 2 in subdivision eight of section 3-102 of this chapter. 3 11. If the county board of elections suspects or believes that for any 4 reason the applicant is not entitled to registration and enrollment, it 5 shall make inquiry in reference thereto. If the board of elections shall 6 find that the applicant is not qualified to register and enroll, the 7 application shall be rejected and the applicant notified of such 8 rejection and the reason therefor, no later than ten days before the day 9 of the first primary or general election occurring at least [twenty-10five] ten days after the filing of the application, except that if the 11 application was submitted between twenty-five and ten days before the 12 day of the first primary or general election, such board shall notify 13 the applicant at least five days before such election. 14 14. Notwithstanding the entry by the county board of elections on the 15 registration poll record of the information contained on an application 16 form prescribed by this section, such entry shall not preclude the coun- 17 ty board of elections from subsequently rejecting the application if it 18 is not satisfied that the applicant is entitled to register and enroll 19 as provided by this section, provided that the applicant is notified of 20 such rejection and reasons therefor no later than ten days before the 21 day of the first primary or general election occurring at least [twen-22ty-five] ten days after the filing of such application form, except that 23 if the application was submitted between twenty-five and ten days before 24 the day of the first primary or general election, such board shall noti- 25 fy the applicant at least five days before such election. 26 § 12. The opening paragraph and subdivisions 11 and 12 of section 27 5-211 of the election law, the opening paragraph as amended by chapter 28 265 of the laws of 2013, subdivision 11 as amended by chapter 200 of the 29 laws of 1996 and subdivision 12 as added by chapter 659 of the laws of 30 1994, are amended to read as follows: 31 Each agency designated as a participating agency under the provisions 32 of this section shall implement and administer a program of distribution 33 of voter registration forms pursuant to the provisions of this section. 34 The following offices which provide public assistance and/or provide 35 state funded programs primarily engaged in providing services to persons 36 with disabilities are hereby designated as voter registration agencies: 37 designated as the state agencies which provide public assistance are the 38 office of children and family services, the office of temporary and 39 disability assistance and the department of health. Also designated as 40 public assistance agencies are all agencies of local government that 41 provide such assistance. Designated as state agencies that provide 42 programs primarily engaged in providing services to people with disabil- 43 ities are the department of labor, office for the aging, division of 44 veterans' affairs, office of mental health, office of vocational and 45 educational services for individuals with disabilities, commission on 46 quality of care for the mentally disabled, office [of mental retardation47and] for people with developmental disabilities, commission for the 48 blind, office of alcoholism and substance abuse services, the office of 49 the advocate for the disabled and all offices which administer programs 50 established or funded by such agencies. Additional [state] agencies 51 designated as voter registration offices are the department of state 52 [and], the division of workers' compensation, the state university of 53 New York, the city university of New York, all public housing authori- 54 ties listed in article thirteen of the public housing law, the depart- 55 ment of corrections and community supervision and the New York division 56 of military and naval affairs. Such agencies shall be required to offerA. 2278 10 1 voter registration forms to and provide for automatic voter registra- 2 tion, pursuant to section 5-200 of this title, for persons upon initial 3 application for services, renewal or recertification for services and 4 change of address relating to such services. Such agencies shall also be 5 responsible for providing assistance to applicants in completing voter 6 registration forms, receiving and transmitting the completed application 7 form from all applicants who wish to have such form transmitted to the 8 appropriate board of elections. The state board of elections shall, 9 together with representatives of the department of defense, develop and 10 implement procedures for including recruitment offices of the armed 11 forces of the United States as voter registration offices when such 12 offices are so designated by federal law. The state board shall also 13 make request of the United States Immigration and Naturalization Service 14 to include applications for registration by mail with any materials 15 which are given to new citizens. [All institutions of the state univer-16sity of New York and the city university of New York, shall, at the17beginning of the school year, and again in January of a year in which18the president of the United States is to be elected, provide an applica-19tion for registration to each student in each such institution.] The 20 state board of elections may, by regulation, grant a waiver from any or 21 all of the requirements of this section to any office or program of an 22 agency, if it determines that it is not feasible for such office or 23 program to administer such requirement. 24 11. The participating agency shall transmit [the completed applica-25tions for registration and change of address forms] all information 26 collected pursuant to section 5-200 of this title to the appropriate 27 board of elections not later than ten days after receipt except that all 28 such completed applications and forms received by the agency between the 29 thirtieth and twenty-fifth day before an election shall be transmitted 30 in such manner and at such time as to assure their receipt by such board 31 of elections not later than the twentieth day before such election. 32 12. [Completed application forms, when received] All information 33 collected pursuant to section 5-200 of this title by a participating 34 agency not later than the twenty-fifth day before the next ensuing 35 primary, general or special election and transmitted by such agency to 36 the appropriate board of elections so that they are received by such 37 board not later than the twentieth day before such election shall enti- 38 tle the applicant to vote in such election provided the board determines 39 that the applicant is otherwise qualified. 40 § 13. Subdivisions 11 and 12 of section 5-211 of the election law, as 41 amended by section twelve of this act, are amended to read as follows: 42 11. The participating agency shall transmit all information collected 43 pursuant to section 5-200 of this title to the appropriate board of 44 elections not later than ten days after receipt except that all such 45 completed applications and forms received by the agency between the 46 [thirtieth] fifteenth and [twenty-fifth] tenth day before an election 47 shall be transmitted in such manner and at such time as to assure their 48 receipt by such board of elections not later than the [twentieth] fifth 49 day before such election. 50 12. All information collected pursuant to section 5-200 of this title 51 by a participating agency not later than the [twenty-fifth] tenth day 52 before the next ensuing primary, general or special election and trans- 53 mitted by such agency to the appropriate board of elections so that they 54 are received by such board not later than the [twentieth] fifth day 55 before such election shall entitle the applicant to vote in suchA. 2278 11 1 election provided the board determines that the applicant is otherwise 2 qualified. 3 § 14. Subdivision 14 of section 5-211 of the election law, as amended 4 by chapter 200 of the laws of 1996, is amended and two new subdivisions 5 18 and 19 are added to read as follows: 6 14. Applications shall be processed by the board of elections in the 7 manner prescribed by [section] sections 5-200 and 5-210 of this title 8 or, if the applicant is already registered to vote from another address 9 in the county or city, in the manner prescribed by section 5-208 of this 10 title. The board shall send the appropriate notice of approval or 11 rejection as required by either subdivision nine of such section 5-210 12 or subdivision five of such section 5-208. 13 18. All colleges, universities and public school districts located in 14 this state shall make voter registration forms available to any students 15 eligible to register or pre-register to vote under paragraph (g) of 16 subdivision five of section 5-210 of this title in the same manner and 17 subject to the same provisions and rules and regulations as all other 18 designated agencies under this section; except that a college, universi- 19 ty or public school district that is not otherwise designated as a 20 source agency pursuant to section 5-200 of this title shall not be 21 required to collect or maintain forms containing a person's declination 22 to register to vote as required by subdivision ten of this section, or 23 to conduct a study and report thereon as required by subdivision seven- 24 teen of this section. 25 19. The state board of elections or, in the city of New York, the New 26 York city board of elections, shall provide to public colleges, univer- 27 sities, and school districts a sufficient quantity of coded voter regis- 28 tration applications that identify each such application as originating 29 from either a public college, university, or school district. The state 30 board of elections shall provide for the delivery of such coded applica- 31 tions by the first day of August of each year to each college, universi- 32 ty, or school district covered by this chapter, except that the New York 33 city board of elections shall provide and deliver such forms to each 34 participating public university, college, or school district located in 35 the city of New York. Every board of elections scanning voter registra- 36 tion forms shall capture any designated agency codes thereon and report 37 them on a monthly basis to the state board of elections which shall make 38 such detailed information available to the public. 39 § 15. Subdivisions 6 and 7 of section 5-212 of the election law, 40 subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi- 41 sion 7 as added by chapter 659 of the laws of 1994, are amended to read 42 as follows: 43 6. The department of motor vehicles shall transmit [that portion of44the form which constitutes the completed application for registration or45change of address form] all information collected pursuant to section 46 5-200 of this title to the appropriate board of elections not later than 47 ten days after receipt except that all such completed applications and 48 forms received by the department between the thirtieth and twenty-fifth 49 day before an election shall be transmitted in such manner and at such 50 time as to assure their receipt by such board of elections not later 51 than the twentieth day before such election. All transmittals shall 52 include original signatures or an electronic image thereof as required 53 by subdivision four of section 5-200 of this title. 54 7. [Completed application forms received] All information collected 55 pursuant to section 5-200 of this title by the department of motor vehi- 56 cles not later than the twenty-fifth day before the next ensuing prima-A. 2278 12 1 ry, general or special election and transmitted by such department to 2 the appropriate board of elections so that they are received not later 3 than the twentieth day before such election shall entitle the applicant 4 to vote in such election provided the board determines that the appli- 5 cant is otherwise qualified. 6 § 16. Subdivisions 6 and 7 of section 5-212 of the election law, as 7 amended by section fifteen of this act, are amended to read as follows: 8 6. The department of motor vehicles shall transmit all information 9 collected pursuant to section 5-200 of this title to the appropriate 10 board of elections not later than ten days after receipt except that all 11 such completed applications and forms received by the department between 12 the [thirtieth] fifteenth and [twenty-fifth] tenth day before an 13 election shall be transmitted in such manner and at such time as to 14 assure their receipt by such board of elections not later than the 15 [twentieth] fifth day before such election. All transmittals shall 16 include original signatures or an electronic image thereof as required 17 by subdivision four of section 5-200 of this title. 18 7. All information collected pursuant to section 5-200 of this title 19 by the department of motor vehicles not later than the [twenty-fifth] 20 tenth day before the next ensuing primary, general or special election 21 and transmitted by such department to the appropriate board of elections 22 so that they are received not later than the [twentieth] fifth day 23 before such election shall entitle the applicant to vote in such 24 election provided the board determines that the applicant is otherwise 25 qualified. 26 § 17. Subdivision 3 of section 5-213 of the election law, as amended 27 by chapter 200 of the laws of 1996, is amended to read as follows: 28 3. The board of elections shall restore the registration of any such 29 voter to active status if such voter notifies the board of elections 30 that he resides at the address from which he is registered, or the board 31 finds that such voter has validly signed a designating or nominating 32 petition which states that he resides at such address, or if such voter 33 casts a ballot in an affidavit envelope which states that he resides at 34 such address, or if the board receives notice that such voter has voted 35 in an election conducted with registration lists prepared pursuant to 36 the provisions of section 5-612 of this article. If any such notifica- 37 tion or information is received [twenty] ten days or more before a 38 primary, special or general election, the voter's name must be restored 39 to active status for such election. 40 § 18. Subdivision 3 of section 5-304 of the election law, as amended 41 by chapter 90 of the laws of 1991, is amended to read as follows: 42 3. A change of enrollment received by the board of elections, showing 43 a dated cancellation mark of the United States Postal Service or 44 contained in an envelope showing such cancellation mark which is dated, 45 not later than the twenty-fifth day before the [general election shall46be deposited in a sealed enrollment box, which shall not be opened until47the first Tuesday following such general election. Such change of48enrollment shall be then removed and entered as provided in this arti-49cle] next ensuing primary, general or special election, and received no 50 later than the fifth day before such election or delivered in person to 51 such county board of elections not later than the tenth day before a 52 primary, general or special election, shall be effective for such 53 election. Enrollment changes shall be entered as provided in this arti- 54 cle and shall be deemed to take effect on the tenth day after such 55 change of enrollment is received by the board of elections or if the 56 change of enrollment, or the envelope containing it, bears a datedA. 2278 13 1 cancellation mark of the United States Postal Service, such change shall 2 be entered and shall be deemed to take effect on the tenth day after the 3 date of such mark, whichever is earlier; except that no change will take 4 effect sooner than the fifth day after the receipt of such change of 5 enrollment by the board of elections. 6 § 19. The opening paragraph of paragraph (e) of subdivision 3 of 7 section 8-302 of the election law, as amended by chapter 125 of the laws 8 of 2011, is amended to read as follows: 9 Whenever a voter presents himself or herself and offers to cast a 10 ballot, and he or she claims to live in the election district in which 11 he or she seeks to vote but no registration poll record can be found for 12 him or her in the poll ledger or his or her name does not appear on the 13 computer generated registration list or his or her signature does not 14 appear next to his or her name on such computer generated registration 15 list or his or her registration poll record or the computer generated 16 registration list does not show him or her to be enrolled in the party 17 in which he or she claims to be enrolled and the voter is not otherwise 18 eligible to cast an affidavit ballot pursuant to subdivision three-d of 19 this section, a poll clerk or election inspector shall consult a map, 20 street finder or other description of all of the polling places and 21 election districts within the political subdivision in which said 22 election district is located and if necessary, contact the board of 23 elections to obtain the relevant information and advise the voter of the 24 correct polling place and election district for the residence address 25 provided by the voter to such poll clerk or election inspector. There- 26 after, such voter shall be permitted to vote in said election district 27 only as hereinafter provided: 28 § 20. Section 8-302 of the election law is amended by adding a new 29 subdivision 3-d to read as follows: 30 3-d. A person appearing on election day whose name cannot be found or 31 whose information is incomplete or incorrect on the statewide voter 32 registration list and who affirms that that he or she interacted with a 33 source agency listed in subdivision three of section 5-200 of this chap- 34 ter and consented to voter registration shall be permitted to cast an 35 affidavit ballot. Such affidavit ballot shall be counted if at the poll- 36 ing place, the person presents proof of identity and evidence of regis- 37 tering to vote or performing any of the activities specified in subdivi- 38 sion two of section 5-200 of this chapter, and there is no affirmative 39 proof that the person is ineligible to register to vote or that the 40 person did not register or perform any of the activities specified in 41 subdivision two of section 5-200 of this chapter. 42 (a) A person may swear to and subscribe to an affidavit stating that 43 the person has registered to vote or performed any of the activities in 44 subdivision two of section 5-200 of this chapter and consented to use 45 agency information for voter registration. That affidavit shall be 46 sufficient evidence of registering to vote or performing any of the 47 activities specified in subdivision two of section 5-200 of this chapter 48 for the purposes of this section. 49 (b) A person without identification may swear to and subscribe to an 50 affidavit stating that the person did not present documentary proof of 51 identity, but that all of the identifying information on the affidavit 52 ballot envelope is complete and accurate. That affidavit shall be suffi- 53 cient evidence of identity for the purposes of this section. Nothing in 54 this subdivision shall be deemed to override the provisions of subdivi- 55 sion two-a of this section governing the requirements for a person whose 56 name appears in the computer generated registration list with a notationA. 2278 14 1 indicating that the voter's identity was not yet verified as required by 2 the federal Help America Vote Act. 3 § 21. Subdivision 11 of section 5-614 of the election law, as added by 4 chapter 24 of the laws of 2005, is amended to read as follows: 5 11. The state board of elections shall establish a statewide voter 6 [hotline using information available through the statewide voter regis-7tration list for voters to obtain information regarding their voter8registration] registration information system available through a secure 9 public website accessible from the website of the state board of 10 elections and through a toll-free telephone number maintained by the 11 state board of elections. The information system shall: 12 a. allow any voter: 13 (i) to review the voter registration information represented on the 14 statewide voter registration list for that voter; 15 (ii) to submit a confidential request to correct or update the voter's 16 voter registration information, which shall be sent to the applicable 17 county board of elections; and 18 (iii) to determine the location of the polling place to which the 19 voter is assigned; 20 b. provide an interface that allows any person: 21 (i) to determine the location of the polling place associated with any 22 residential address within the state; and 23 (ii) to determine whether he or she is represented on the statewide 24 voter registration list; and 25 c. provide a secure website interface that allows any eligible citizen 26 who is not represented on the statewide voter registration list to view 27 the notices contained on an application form under section 5-210 of this 28 article and to confidentially submit, through the interface, the data 29 collected on such application form to the state board of elections. Upon 30 receipt of such data, the state board of elections shall forward the 31 information to the local board of elections of the county or city where 32 the citizen resides. Such data shall be processed as an application form 33 submitted by mail pursuant to section 5-210 of this article, subject to 34 the requirements of section 303(b) of the Help America Vote Act of 2002 35 (42 U.S.C. § 15483(b)), except that the absence of a written signature 36 shall not render the application incomplete or otherwise preclude the 37 registration of an eligible citizen. 38 For any eligible citizen attempting to use the system established 39 under this subdivision to submit information that will not be processed 40 as valid for the proximate election, the system must notify the citizen 41 at the time of the submission that the update will not take effect for 42 the proximate election. If the citizen is attempting to use the system 43 established under this subdivision to correct or update voter registra- 44 tion information under this section, the system must also notify the 45 citizen that he or she may use the election-day procedure provided in 46 subdivision three-d of section 8-302 of this chapter. 47 The board of elections shall develop procedures to enable an eligible 48 citizen who submits an application pursuant to this subdivision and 49 whose application lacks an electronic signature to provide a signature 50 at the polling place or with an application for an absentee ballot 51 before voting. The board of elections may require an elector who has not 52 provided a signature before arriving at the polling place or submitting 53 an absentee ballot to present a current and valid photo identification 54 or a copy of a current utility bill, bank statement, government check, 55 paycheck, or other government document that shows the name and address 56 of the voter.A. 2278 15 1 § 22. Subdivision 3 of section 8-510 of the election law, as amended 2 by chapter 43 of the laws of 1988, is amended to read as follows: 3 3. The inspectors shall place such completed report, and each court 4 order, if any, directing that a person be permitted to vote, and each 5 affidavit completed pursuant to subdivision three-d of section 8-302 of 6 this article, inside a ledger of registration records or computer gener- 7 ated registration lists between the front cover, and the first registra- 8 tion record and then shall close and seal each ledger of registration 9 records or computer generated registration lists, affix their signature 10 to the seal, lock such ledger in the carrying case furnished for that 11 purpose and enclose the keys in a sealed package or seal such list in 12 the envelope provided for that purpose. 13 § 23. The election law is amended by adding a new section 17-138 to 14 read as follows: 15 § 17-138. Discrimination and harassment. No person acting under color 16 of any provision of law may harass or discriminate against or assist 17 others in harassing or discriminating against any person on the basis of 18 the information supplied by the person for voter registration purposes, 19 a person's declination to register to vote or to supply information for 20 voter registration purposes, or a person's absence from the statewide 21 voter registration list except as required to administer elections or 22 enforce election laws. 23 § 24. Subdivision 1 of section 3-220 of the election law, as amended 24 by chapter 104 of the laws of 2010, is amended to read as follows: 25 1. All registration records, certificates, lists, and inventories 26 referred to in, or required by, this chapter shall be public records and 27 open to public inspection under the immediate supervision of the board 28 of elections or its employees and subject to such reasonable regulations 29 as such board may impose, provided, however, that no data transmitted 30 pursuant to section 5-200 of this chapter shall be considered a public 31 record open to public inspection solely by reason of its transmission 32 and that the following information shall not be released for public 33 inspection: 34 (a) any voter's signature; 35 (b) the personal residence and contact information of any voter for 36 whom any provision of law requires confidentiality; 37 (c) any portion of a voter's driver's license number, [department of38motor vehicle] non-driver [photo ID] identification card number, social 39 security number and facsimile number [shall not be released for public40inspection]; 41 (d) any voter's telephone number; and 42 (e) any voter's email address. No such records shall be handled at 43 any time by any person other than a member of a registration board or 44 board of inspectors of elections or board of elections except as 45 provided by rules imposed by the board of elections. 46 § 25. Subdivision 4 of section 3-212 of the election law is amended by 47 adding two new paragraphs (c) and (d) to read as follows: 48 (c) Said annual report, as required by paragraph (a) of this subdivi- 49 sion, shall also include: 50 (1) the number of records that have been received, transmitted, trans- 51 ferred, updated, or corrected pursuant to section 5-200 of this chapter, 52 by source; 53 (2) the number of records received under section 5-200 of this chap- 54 ter, by source, that do not relate to persons identified as eligible to 55 vote;A. 2278 16 1 (3) the number of persons who have contacted the board to opt out of 2 voter registration; 3 (4) the number of voters who submit voter registration forms and/or 4 requests to update or correct voter registration information using the 5 system described in section 5-614 of this chapter; and 6 (5) the number of voters who correct voter registration information 7 using the election-day procedure described in section 8-302 of this 8 chapter. 9 (d) Said annual report, as required by paragraph (a) of this subdivi- 10 sion, shall exclude any information that personally identifies any 11 person other than an election official or other government official. 12 § 26. Section 17-104 of the election law is amended to read as 13 follows: 14 § 17-104. False registration. 1. Any person who: 15 [1.] (a) Registers or attempts to register as an elector in more than 16 one election district for the same election, or more than once in the 17 same election district; or, 18 [2.] (b) Registers or attempts to register as an elector, knowing that 19 he will not be a qualified voter in the district at the election for 20 which such registration is made; or 21 [3.] (c) Registers or attempts to register as an elector under any 22 name but his or her own; or 23 [4.] (d) Knowingly gives a false residence within the election 24 district when registering as an elector; or 25 [5.] (e) Knowingly permits, aids, assists, abets, procures, commands 26 or advises another to commit any such act, is guilty of a felony. 27 2. Notwithstanding any other provision of this chapter, no person 28 shall be liable for an error in the statewide voter registration list 29 unless such person knowingly and willfully makes a false statement in 30 order to effectuate or perpetuate voter registration. An error in the 31 statewide voter registration list shall not constitute a fraudulent or 32 false claim to citizenship. 33 § 27. Subdivision 17 of section 3-102 of the election law, as renum- 34 bered by chapter 23 of the laws of 2005, is renumbered subdivision 21 35 and four new subdivisions 17, 18, 19 and 20 are added to read as 36 follows: 37 17. ensure that, upon receipt and verification of a person's express 38 request to opt out of voter registration, the person's name and regis- 39 tration record will not be added to the county or statewide voter regis- 40 tration lists; 41 18. ensure that election officials shall not provide the record of any 42 person who has opted out of voter registration, in whole or in part, to 43 any third party for any purpose other than the compilation of a jury 44 list; 45 19. publish and enforce a privacy and security policy specifying each 46 class of users who shall have authorized access to the statewide voter 47 registration list, preventing unauthorized access to the statewide voter 48 registration list and to any list provided by a source agency or list 49 maintenance source, and setting forth other safeguards to protect the 50 privacy and security of the information on the statewide voter registra- 51 tion list; 52 20. promulgate rules regarding the notification of voters of transfer 53 of address by electronic mail; and 54 § 28. This act shall take effect immediately; provided, however, that 55 sections two, three, four, six, seven, eight, ten, twelve, fourteen, 56 fifteen, nineteen, twenty, twenty-one, twenty-two, and twenty-three ofA. 2278 17 1 this act shall take effect January 1, 2018; provided further that 2 sections five, nine, eleven, thirteen, sixteen, seventeen, and eighteen 3 of this act shall take effect January 1, 2019. Effective immediately, 4 any rules, regulations and agreements necessary to implement the 5 provisions of this act on its effective date are authorized and directed 6 to be completed on or before such date.
