STATE OF NEW YORK
________________________________________________________________________
5204
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. DeSTEFANO, BRABENEC, MILLER, DiPIETRO, DURSO,
McDONOUGH, REILLY, MANKTELOW, SMITH, BLANKENBUSH, ANGELINO, MIKULIN,
K. BROWN, E. BROWN, LEMONDES, HAWLEY, SIMPSON, PALMESANO -- Multi-
Sponsored by -- M. of A. PIROZZOLO -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, the administrative code of the city of
New York, the public health law and the vehicle and traffic law, in
relation to requiring a government issued photo identification card to
be presented when casting a ballot
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 8-303 of the election law, as added by chapter 420
2 of the laws of 2004 and subparagraph 1 of paragraph (b) of subdivision 3
3 as amended by chapter 160 of the laws of 2005, is amended to read as
4 follows:
5 § 8-303. [Initial voter] Voter identification. 1. Applicability. Each
6 board of elections, in a uniform and nondiscriminatory manner, shall
7 require a voter to meet the requirements of subdivision two of this
8 section [if:
9 (a) the individual registered to vote in a jurisdiction by mail on or
10 after January first, two thousand three; and
11 (b) the individual has not previously voted in an election for federal
12 office in the jurisdiction of the board of elections].
13 2. Requirements. (a) In general. An individual meets the requirements
14 of this subdivision if the individual:
15 (1) in the case of an individual who votes in person[: (i)] presents
16 to the appropriate election inspector, clerk or coordinator a current
17 and valid government issued photo identification; [or
18 (ii) presents to the appropriate election inspector, clerk or coordi-
19 nator a copy of a current utility bill, bank statement, government
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01050-01-5
A. 5204 2
1 check, paycheck, or other government document that shows the name and
2 address of the voter;] or
3 (2) in the case of an individual who votes by mail, submits in the
4 outer envelope with the envelope containing the ballot: [(i)] a copy of
5 a current and valid government issued photo identification[; or
6 (ii) a copy of a current utility bill, bank statement, government
7 check, paycheck, or other government document that shows the name and
8 address of the voter].
9 A current and valid government issued photo identification shall
10 include: a New York state driver's license or non-driver ID; a United
11 States Passport; an identification card issued by a United States educa-
12 tional institution; a United States military identification card; a
13 government issued medical card or any identification card issued by the
14 United States or the state of New York.
15 (b) Fail-safe voting. [(1)] An individual who desires to vote in
16 person, but who does not meet the requirements of [subparagraph one of
17 paragraph (a) of] this subdivision[,] may [cast an affidavit ballot, and
18 notwithstanding this section of law, such affidavit ballot shall be duly
19 cast and counted, even though such individual does not meet the require-
20 ments of subparagraph one of paragraph (a) of this subdivision, provided
21 such individual casting such ballot is an otherwise eligible voter
22 pursuant to law, provided further that such ballot otherwise complies
23 with the requirements of law.
24 (2) An individual who desires to vote by mail but who does not meet
25 the requirements of subparagraph two of paragraph (a) of this subdivi-
26 sion may cast such a ballot by mail and such ballot shall be duly cast
27 and counted, notwithstanding this section, provided the voter is deter-
28 mined to be an eligible voter and provided further that such ballot
29 otherwise complies with the requirements of law.
30 3. Inapplicability. Subdivisions one and two of this section shall not
31 apply in the case of a person: (a) who registers to vote by mail and
32 submits as part of such registration either:
33 (1) a copy of a current and valid photo identification; or
34 (2) a copy of a current utility bill, bank statement, government
35 check, paycheck, or government document that shows the name and address
36 of the voter;
37 (b) (1) who registers to vote by mail and submits with such registra-
38 tion either:
39 (i) a driver's license or a department of motor vehicles non-driver
40 photo ID number; or
41 (ii) at least the last four digits of the individual's social security
42 number; and
43 (2) with respect to whom a local board of elections matches the infor-
44 mation submitted under subparagraph one of this paragraph with an exist-
45 ing state identification record bearing the number, name and date of
46 birth of such voter; or
47 (c) who is: (1) entitled to vote by absentee ballot under the
48 Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
49 et seq.);
50 (2) provided the right to vote otherwise than in person under section
51 3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
52 icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
53 (3) entitled to vote otherwise than in person under any other federal
54 law] obtain a non-driver identification from the department of motor
55 vehicles if such individual does the following:
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1 (1) (i) If an individual does not possess the documentation accepted
2 by the commissioner of motor vehicles to receive a non-driver identifi-
3 cation, pursuant to section four hundred ninety of the vehicle and traf-
4 fic law, such individual shall obtain the affidavit provided in subdivi-
5 sion three of this section from a county, city, town or village clerk,
6 the department of health, the New York city department of mental health
7 and hygiene or the department of motor vehicles.
8 (ii) When the signed affidavit is received by the county, city, town,
9 or village where the individual was born or the department of health or
10 the New York city department of mental health and hygiene, if the indi-
11 vidual was born in the city of New York, no later than the seventh day
12 before the election, it shall be the duty of the clerk or the department
13 to provide the individual a certified copy or certified transcript of
14 the individual's record of birth at no cost to the requesting individ-
15 ual, if the clerk or department has access to the individual's record of
16 birth.
17 (iii) No later than the seventh day before the election, the individ-
18 ual shall present their record of birth and the signed affidavit to the
19 department of motor vehicles. Upon receipt of the individual's record of
20 birth and the signed affidavit, the commissioner of motor vehicles shall
21 issue the individual a non-driver identification card at no cost to the
22 individual, pursuant to section four hundred ninety of the vehicle and
23 traffic law.
24 (2) (i) If an individual does possess the documentation accepted by
25 the commissioner of motor vehicles to receive a non-driver identifica-
26 tion pursuant to section four hundred ninety of the vehicle and traffic
27 law, such individual shall obtain an affidavit provided in subdivision
28 three of this section from a county, city, town, or village clerk, the
29 department of health, the New York city department of mental health and
30 hygiene, or the department of motor vehicles.
31 (ii) No later than the seventh day before the election, the individual
32 shall present the signed affidavit and the accepted documentation to the
33 department of motor vehicles. Upon receipt of the individual's documen-
34 tation and the signed affidavit, the commissioner of motor vehicles
35 shall issue the individual a non-driver identification card at no cost
36 to the individual pursuant to section four hundred ninety of the vehicle
37 and traffic law.
38 3. Affidavit. (a) The board of elections shall furnish an affidavit to
39 county, city, town and village clerks, as well as to the department of
40 motor vehicles, the department of health, and the New York city depart-
41 ment of health and mental hygiene, which an individual shall sign in ink
42 and which shall contain the following information and substantially be
43 in the following form:
44 I, the undersigned, do hereby swear that it is seven or more days
45 before the next election on ............................ and I do not
46 possess a valid government issued photo for purposes of voting. I do
47 hereby require the department of motor vehicles to issue me a non-driver
48 identification for purposes of voting in the next election on the afore-
49 mentioned date.
50 Date: .............................
51 ..................................
52 (Signature of applicant)
53 On the date above indicated before me personally came the applicant
54 whose signature appears on this affidavit, who signed same in my pres-
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1 ence and who, being by me duly sworn, said that the foregoing statement
2 made and subscribed by such applicant, was true.
3 Date:..................
4 ................................
5 (Signature and official title
6 of officer administering oath)
7 (b) Any notary who administered the oath required in paragraph (a) of
8 this subdivision is not permitted to collect a fee for collecting the
9 documents required.
10 § 2. Subdivision 2 of section 8-400 of the election law is amended by
11 adding a new paragraph (f) to read as follows:
12 (f) All applications shall be accompanied by a copy of the applicant's
13 valid government issued photo identification as required by section
14 8-303 of this article. An individual may obtain a valid government
15 issued photo identification for no charge as prescribed in paragraph (b)
16 of subdivision two of section 8-303 of this article.
17 § 3. Subdivision a of section 17-169 of the administrative code of the
18 city of New York is amended by adding a new paragraph 1-a to read as
19 follows:
20 1-a. A certified copy or certified transcript of the record of birth
21 shall be issued upon receipt of an affidavit signed by a person, signed
22 no later than the seventh day before an election, pursuant to paragraph
23 (b) of subdivision two of section 8-303 of the election law. In such
24 instance, such birth certificate shall be issued at no cost to the
25 person.
26 § 4. Subdivision 1 of section 4174 of the public health law is amended
27 by adding a new paragraph (b-1) to read as follows:
28 (b-1) upon receipt of an affidavit signed by an applicant, signed no
29 later than the seventh day before an election, pursuant to paragraph (b)
30 of subdivision two of section 8-303 of the election law, either a certi-
31 fied copy or certified transcript of such applicant's birth certificate.
32 In such instance, such birth certificate shall be issued at no cost to
33 the applicant;
34 § 5. Paragraph (a) of subdivision 3 of section 490 of the vehicle and
35 traffic law is amended by adding a new subparagraph (iv) to read as
36 follows:
37 (iv) In the case of a person who is issued an identification card for
38 purposes of voting pursuant to section 8-303 of the election law, the
39 commissioner shall issue an identification card without the payment of
40 any fee, upon such person submitting a sworn affidavit, as provided in
41 section 8-303 of the election law and a certificate of birth or any
42 other form of documentation accepted by the commissioner to prove the
43 person's identity. An identification issued pursuant to this subpara-
44 graph shall expire four years after the date of issuance.
45 § 6. This act shall take effect immediately.