Bill Text: NY S02381 | 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 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S02381 Detail]

Download: New_York-2023-S02381-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2381

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections

        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
        S. 2381                             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.