Bill Text: NY A02688 | 2025-2026 | General Assembly | Introduced

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Bill Title: Requires the board of elections to check all registered voter's citizenship and lawful permanent resident status; requires all voters to show government issued identification to vote.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-22 - referred to election law [A02688 Detail]

Download: New_York-2025-A02688-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2688

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2025
                                       ___________

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

        AN  ACT  to  amend  the election law and the vehicle and traffic law, in
          relation to requiring the board of elections to check  all  registered
          voter's  citizenship and lawful permanent resident status and requires
          showing government issued identification to vote

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

     1    Section  1.  The election law is amended by adding a new section 5-714
     2  to read as follows:
     3    § 5-714. Check of  citizenship.  The  board  of  elections,  with  the
     4  department of motor vehicles, shall check all registered voter's and all
     5  persons  attempting  to register to vote's citizenship and lawful perma-
     6  nent resident status using department of motor vehicle records. Whenever
     7  it appears to the satisfaction of a board of elections that any voter or
     8  witness has made a false statement, whether or not under oath, affecting
     9  a persons qualifications to be registered or has given  false  testimony
    10  at  any  hearing affecting such registration, such board forthwith shall
    11  forward such statement or testimony to the district attorney.
    12    § 2. Section 8-303 of the election law, as added by chapter 420 of the
    13  laws of 2004, subparagraph 1  of  paragraph  (b)  of  subdivision  3  as
    14  amended  by  chapter  160  of  the  laws  of 2005, is amended to read as
    15  follows:
    16    § 8-303. [Initial voter] Voter identification. 1. Applicability.  Each
    17  board  of  elections,  in  a uniform and nondiscriminatory manner, shall
    18  require a voter to meet the requirements  of  subdivision  two  of  this
    19  section [if:
    20    (a)  the individual registered to vote in a jurisdiction by mail on or
    21  after January first, two thousand three; and
    22    (b) the individual has not previously voted in an election for federal
    23  office in the jurisdiction of the board of elections].

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03064-01-5
        A. 2688                             2

     1    2. Requirements. (a) In general. An individual meets the  requirements
     2  of this subdivision if the individual:
     3    (1) in the case of an individual who votes in person[:  (i)], presents
     4  to  the  appropriate  election inspector, clerk or coordinator a current
     5  and valid government issued photo identification[; or
     6    (ii) presents to the appropriate election inspector, clerk or  coordi-
     7  nator  a  copy  of  a  current  utility bill, bank statement, government
     8  check, paycheck, or other government document that shows  the  name  and
     9  address of the voter]; or
    10    (2)  in  the  case  of an individual who votes by mail, submits in the
    11  outer envelope with the envelope containing the ballot[: (i)] a copy  of
    12  a current and valid government issued photo identification[; or
    13    (ii)  a  copy  of  a  current utility bill, bank statement, government
    14  check, paycheck, or other government document that shows  the  name  and
    15  address of the voter].
    16    (3)  A  valid and current government issued photo identification shall
    17  include: a New York state driver's license or non-driver  ID;  a  United
    18  States passport; an identification card issued by a United States educa-
    19  tional  institution;  a  United  States  military identification card; a
    20  government issued medical card or any identification card issued by  the
    21  United States or the state of New York.
    22    (b) Fail-safe voting. (1) An individual who desires to vote in person,
    23  but [who does not meet the requirements of subparagraph one of paragraph
    24  (a) of this subdivision] does not possess a current and valid government
    25  issued photo identification, may cast an affidavit ballot[, and notwith-
    26  standing this section of law, such]. Such affidavit ballot shall be duly
    27  cast  and  counted[,  even  though  such  individual  does  not meet the
    28  requirements of subparagraph one of paragraph (a) of this  subdivision,]
    29  provided  such  individual  casting such ballot is an otherwise eligible
    30  voter pursuant to law, provided further that the individual produces  to
    31  the local board of elections a valid and current government issued photo
    32  identification  within  three  days of casting that ballot and that such
    33  ballot otherwise complies with the requirements of law.
    34    (2) An individual who desires to vote by mail but who does  not  [meet
    35  the  requirements  of subparagraph two of paragraph (a) of this subdivi-
    36  sion] possess a current and valid government  issued  photo  identifica-
    37  tion,  may cast such a ballot by mail and such ballot shall be duly cast
    38  and counted[, notwithstanding this  section,]  provided  [the  voter  is
    39  determined to be an eligible voter and provided further], that the local
    40  board  of  elections  determines  the validity of the ballot by mail and
    41  that such ballot otherwise complies with the requirements of law.
    42    3. Inapplicability. Subdivisions one and two of this section shall not
    43  apply in the case of a person: (a) who registers to  vote  by  mail  and
    44  submits as part of such registration [either:
    45    (1)] a copy of a current and valid government issued photo identifica-
    46  tion; or
    47    [(2)  a  copy  of  a  current utility bill, bank statement, government
    48  check, paycheck, or government document that shows the name and  address
    49  of the voter;]
    50    (b)  [(1)]  who registers to vote by mail and submits with such regis-
    51  tration either:
    52    [(i)] (1) a driver's license or a department of  motor  vehicles  non-
    53  driver photo ID number; or
    54    [(ii)]  (2)  at  least the last four digits of the individual's social
    55  security number; and [(2)]  with  respect  to  whom  a  local  board  of
    56  elections  matches the information submitted under [subparagraph one of]
        A. 2688                             3

     1  this paragraph with an existing state identification record bearing  the
     2  number, name and date of birth of such voter; [or] and
     3    [(c)  who  is:  (1)]  (3)  such person is entitled to vote by absentee
     4  ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42
     5  U.S.C. 1973ff-1 et seq.); and
     6    [(2)] (4) such person is provided the right to vote otherwise than  in
     7  person  under section 3 (b) (2) (B) (ii) of the Voting Accessibility for
     8  the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2)  (B)  (ii));
     9  or
    10    [(3)]  (5)  such  person  is entitled to vote otherwise than in person
    11  under any other federal law.
    12    § 3. Subdivision 2 of section 491 of the vehicle and  traffic  law  is
    13  amended by adding a new paragraph (f) to read as follows:
    14    (f)  Any  adult  citizen whose income qualifies such citizen for Medi-
    15  caid, as verified in  writing  by  the  county's  department  of  social
    16  services,  shall  not  be  required to pay any fee for an identification
    17  card. This provision shall not apply to identification  cards  described
    18  in  paragraph  (e)  of  this  subdivision, which can be used for certain
    19  border crossings.
    20    § 4. This act shall take effect immediately.