Bill Text: NY A05007 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enables constitutionally-qualified electors to register to vote and to cast a ballot on the same day at a polling location.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2024-07-22 - enacting clause stricken [A05007 Detail]

Download: New_York-2023-A05007-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5007

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced by M. of A. BURGOS -- read once and referred to the Committee
          on Election Law

        AN  ACT to amend the election law, in relation to enabling constitution-
          ally-qualified electors to register to vote and to cast  a  ballot  on
          the same day at a polling location

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

     1    Section 1. Subdivision 3 of section  8-302  of  the  election  law  is
     2  amended  by adding four new paragraphs (f), (g), (h), and (i) to read as
     3  follows:
     4    (f) "Conditional voter registration" means a properly executed affida-
     5  vit in the form described in paragraph (e) of  this  subdivision  at  an
     6  early  voting  or  election day polling location and which may be deemed
     7  effective after the board of elections processes the  affidavit,  deter-
     8  mines the registrant's eligibility to register, and validates the regis-
     9  trant's information, as specified in paragraph (h) of this subdivision.
    10    (g)  In addition to other methods of voter registration provided under
    11  this chapter, an elector who is otherwise qualified to register to  vote
    12  and  to cast a ballot under sections one and three of article two of the
    13  New York state constitution may complete a conditional  voter  registra-
    14  tion  and  cast  an  affidavit ballot at an early voting or election day
    15  polling location at any time permissible under section five  of  article
    16  two  of  the New York state constitution, other restrictions on the time
    17  for registration in this chapter notwithstanding.
    18    (h) (1) A conditional voter registration shall be deemed effective  if
    19  the board of elections is able to determine before or during the canvass
    20  period  for  the election that the registrant is eligible to register to
    21  vote and that the information provided by the registrant on  the  regis-
    22  tration affidavit matches information contained in a database maintained
    23  by  the  department  of  motor  vehicles  or the federal social security
    24  administration.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04111-01-3
        A. 5007                             2

     1    (2) If the information provided by the registrant on the  registration
     2  affidavit  cannot  be verified based on information contained in a data-
     3  base maintained by the department  of  motor  vehicles  or  the  federal
     4  social  security  administration,  but the board of elections is able to
     5  determine  that the registrant is otherwise eligible to vote, the regis-
     6  trant shall be issued a voter identification number and the  conditional
     7  voter registration shall be deemed effective.
     8    (i)  The board of elections shall offer conditional voter registration
     9  and voting pursuant to this article,  in  accordance  with  all  of  the
    10  following procedures:
    11    (1)  The  board of elections shall provide conditional voter registra-
    12  tion and voting pursuant  to  this  article  at  all  early  voting  and
    13  election day polling locations.
    14    (2) The board of elections shall advise registrants that a conditional
    15  voter  registration  will  be effective only if the registrant is deter-
    16  mined to be eligible to register to vote for the election and the infor-
    17  mation provided by the registrant on the registration affidavit is veri-
    18  fied pursuant to subparagraph (h) of this subdivision.
    19    (3) The board of elections shall conduct the receipt and  handling  of
    20  each  conditional voter registration and offer and receive a correspond-
    21  ing ballot in a manner that protects  the  secrecy  of  the  ballot  and
    22  allows the elections official to process the registration, determine the
    23  registrant's  eligibility  to  register,  and  validate the registrant's
    24  information before counting or rejecting the corresponding ballot.
    25    (4) After receiving a conditional voter  registration,  the  board  of
    26  elections  shall  process  the  registration, determine the registrant's
    27  eligibility to register, and attempt to validate the registrant's infor-
    28  mation.
    29    (5) If a conditional registration is deemed effective,  the  board  of
    30  elections  shall  include  the  corresponding  ballot  in  the  official
    31  canvass.
    32    § 2. This act shall take effect on the ninetieth day  after  it  shall
    33  have become a law.