Bill Text: NY A06111 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires a current and valid government issued identification card to vote; establishes voter identification cards which shall contain, and prominently display, a registered voters name, address, political party affiliation, voter status, and voter signature which has been filed with the state board of elections; makes related provisions.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2024-05-23 - held for consideration in election law [A06111 Detail]

Download: New_York-2023-A06111-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6111

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

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

        AN  ACT  to  amend the election law, in relation to voter identification
          cards

          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, subparagraph 1 of paragraph (b) of subdivision 3 as
     3  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 [photo] government issued 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
    20  check, paycheck, or other government document that shows  the  name  and
    21  address of the voter]; or
    22    (2)  in  the  case  of an individual who votes by mail, submits in the
    23  outer envelope with the envelope containing the ballot[: (i)] a copy  of
    24  a current and valid [photo] government issued identification[; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10453-03-3
        A. 6111                             2

     1    (ii)  a  copy  of  a  current utility bill, bank statement, government
     2  check, paycheck, or other government document that shows  the  name  and
     3  address of the voter].
     4    (3) A current and valid government issued identification shall contain
     5  a  registered  voter's  signature and or photo, and such identifications
     6  shall include, but not be limited to: a New York state driver's  license
     7  or  non-driver  ID;  a  United  States  passport; an identification card
     8  issued by a United States educational institution; a United States mili-
     9  tary identification card; a government issued medical  card;  any  iden-
    10  tification card issued by the United States or the state of New York; or
    11  a New York state voter identification card.
    12    (b) Fail-safe voting. (1) An individual who desires to vote in person,
    13  but [who does not meet the requirements of subparagraph one of paragraph
    14  (a) of this subdivision] does not possess a current and valid government
    15  issued  identification, may cast an affidavit ballot[, and notwithstand-
    16  ing this section of law, such]. Such affidavit ballot shall be duly cast
    17  and counted[, even though such individual does not meet the requirements
    18  of subparagraph one of paragraph (a) of this subdivision,] provided such
    19  individual casting such ballot is an otherwise eligible  voter  pursuant
    20  to law, provided further that the individual produces to the local board
    21  of elections a current and valid government issued identification within
    22  seven  days  of  casting  that  ballot  and  that  such ballot otherwise
    23  complies with the requirements of law.
    24    (2) An individual who desires to vote by [mail]  absentee  ballot  but
    25  who does not [meet the requirements of subparagraph two of paragraph (a)
    26  of  this  subdivision]  provide a copy of a current and valid government
    27  issued identification, may cast such a ballot by mail  and  such  ballot
    28  shall  be duly cast and counted[, notwithstanding this section, provided
    29  the voter is determined to be an eligible voter and] provided [further],
    30  that the individual produces to the local board of elections  a  current
    31  and  valid government issued identification within seven days of casting
    32  that ballot and that such ballot otherwise complies  with  the  require-
    33  ments of law.
    34    [3.  Inapplicability.  Subdivisions  one and two of this section shall
    35  not apply in the case of a person: (a) who registers to vote by mail and
    36  submits as part of such registration either:
    37    (1) a copy of a current and valid photo identification; or
    38    (2) a copy of a  current  utility  bill,  bank  statement,  government
    39  check,  paycheck, or government document that shows the name and address
    40  of the voter;
    41    (b) (1) who registers to vote by mail and submits with such  registra-
    42  tion either:
    43    (i)  a  driver's  license or a department of motor vehicles non-driver
    44  photo ID number; or
    45    (ii) at least the last four digits of the individual's social security
    46  number; and
    47    (2) with respect to whom a local board of elections matches the infor-
    48  mation submitted under subparagraph one of this paragraph with an exist-
    49  ing state identification record bearing the number,  name  and  date  of
    50  birth of such voter; or
    51    (c)  who  is:  (1)  entitled  to  vote  by  absentee  ballot under the
    52  Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.  1973ff-1
    53  et seq.);
    54    (2)  provided the right to vote otherwise than in person under section
    55  3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
    56  icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
        A. 6111                             3

     1    (3) entitled to vote otherwise than in person under any other  federal
     2  law.]
     3    §  2. Subdivisions 16-a and 16-b of section 3-102 of the election law,
     4  subdivision 16-a as amended by section 91 of subpart  B  of  part  C  of
     5  chapter  62 of the laws of 2011 and subdivision 16-b as added by chapter
     6  103 of the laws of 2021, are amended and a new paragraph 16-c  is  added
     7  to read as follows:
     8    16-a.  provide the department of corrections and community supervision
     9  with a sufficient number  of  voter  registration  forms  to  allow  the
    10  department  of  corrections and community supervision to comply with the
    11  duty to provide such voter registration forms to persons upon the  expi-
    12  ration  of  their maximum sentence of imprisonment. Such voter registra-
    13  tion forms shall be addressed to the state board of elections[.]; or
    14    16-b. [Develop] develop and implement a program to educate  attorneys,
    15  judges,  election officials, corrections officials, including parole and
    16  probation officers, and members of the public regarding the requirements
    17  of the chapter of the laws of two thousand twenty-one which  added  this
    18  subdivision[.]; or
    19    16-c.  promulgate rules and regulations relating to the processing and
    20  issuing of voter identification cards  upon  receiving  completed  voter
    21  registration forms.
    22    §  3.    The  election law is amended by adding a new section 3-111 to
    23  read as follows:
    24    § 3-111. Voter identification cards. 1. Upon receipt  of  a  completed
    25  voter  registration  form  and  upon  being  satisfied  that  the person
    26  described is the applicant and that such applicant  meets  the  require-
    27  ments  set  forth  in  article  five  of this chapter the state board of
    28  elections shall issue to such applicant a voter identification card  for
    29  the purposes of voting.
    30    2.  Voter identification cards shall contain, and prominently display,
    31  a registered voters name, address, political  party  affiliation,  voter
    32  status, and voter signature which has been filed with the state board of
    33  elections.
    34    3. Nothing in this section shall prohibit the identification card from
    35  containing  the  photograph of the holder pursuant to regulations estab-
    36  lished by the state board of elections.
    37    4. The state board of elections shall not require,  nor  request,  any
    38  fees for the issuance or reissuance of a voter identification card.
    39    §  4.  Section 8-410 of the election law, as amended by chapter 228 of
    40  the laws of 2022, is amended to read as follows:
    41    § 8-410. Absentee voting; method of. The absentee voter shall mark  an
    42  absentee  ballot  as  provided for paper ballots or ballots prepared for
    43  counting by ballot counting machines. He or she shall make  no  mark  or
    44  writing  whatsoever  upon  the  ballot,  except as above prescribed, and
    45  shall see that it bears no such mark or writing. He or she shall make no
    46  mark or writing whatsoever on the outside of the ballot. In cases  where
    47  the express intent of the voter is unambiguous, any stray marks or writ-
    48  ing  shall not be a basis for voiding a ballot. After marking the ballot
    49  or ballots he or she shall fold each such ballot and enclose them in the
    50  envelope and seal the envelope. He or she shall then take and  subscribe
    51  the  oath on the envelope, with blanks properly filled in. The envelope,
    52  containing the ballot or ballots and a copy of a government issued iden-
    53  tification card as prescribed in section 8-303 of  this  article,  shall
    54  then  be  mailed or delivered to the board of elections of the county or
    55  city of his or her residence.
        A. 6111                             4

     1    § 5. Paragraph (b) of subdivision 3 of section 9-209 of  the  election
     2  law, as added by chapter 763 of the laws of 2021,  is amended to read as
     3  follows:
     4    (b) A curable defect includes instances where the ballot envelope: (i)
     5  is unsigned; (ii) has a signature that does not correspond to the regis-
     6  tration  signature;  (iii)  has  no  required witness to a mark; (iv) is
     7  returned without a ballot affirmation envelope in the  return  envelope;
     8  (v)  has a ballot affirmation envelope that is signed by the person that
     9  has provided assistance to the voter but is not signed or marked by  the
    10  voter;  [or] (vi) contains the signature of someone other than the voter
    11  and not of the voter; or (vii) does not include a copy of  a  government
    12  issued identification card.
    13    § 6. This act shall take effect immediately.