Bill Text: NY S06139 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires a government photo identification card to be presented when casting a ballot; provides for a method to receive a government photo identification card at no charge; provides that notaries are not permitted to collect a fee for collecting the documents required.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S06139 Detail]

Download: New_York-2023-S06139-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6139

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 30, 2023
                                       ___________

        Introduced  by  Sens.  RHOADS, MURRAY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Elections

        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
    20  check,  paycheck,  or  other government document that shows the name and
    21  address of the voter;] or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06313-02-3
        S. 6139                             2

     1    (2) in the case of an individual who votes by  mail,  submits  in  the
     2  outer  envelope with the envelope containing the ballot: [(i)] a copy of
     3  a current and valid government issued photo identification[; or
     4    (ii)  a  copy  of  a  current utility bill, bank statement, government
     5  check, paycheck, or other government document that shows  the  name  and
     6  address of the voter].
     7    A  current  and  valid  government  issued  photo identification shall
     8  include: a New York state driver's license or non-driver  ID;  a  United
     9  States Passport; an identification card issued by a United States educa-
    10  tional  institution;  a  United  States  military identification card; a
    11  government issued medical card or any identification card issued by  the
    12  United States or the state of New York.
    13    (b)  Fail-safe  voting.  [(1)]  An  individual  who desires to vote in
    14  person, but who does not meet the requirements of [subparagraph  one  of
    15  paragraph (a) of] this subdivision[,] may [cast an affidavit ballot, and
    16  notwithstanding this section of law, such affidavit ballot shall be duly
    17  cast and counted, even though such individual does not meet the require-
    18  ments of subparagraph one of paragraph (a) of this subdivision, provided
    19  such  individual  casting  such  ballot  is  an otherwise eligible voter
    20  pursuant to law, provided further that such  ballot  otherwise  complies
    21  with the requirements of law.
    22    (2)  An  individual  who desires to vote by mail but who does not meet
    23  the requirements of subparagraph two of paragraph (a) of  this  subdivi-
    24  sion  may  cast such a ballot by mail and such ballot shall be duly cast
    25  and counted, notwithstanding this section, provided the voter is  deter-
    26  mined  to  be  an  eligible  voter and provided further that such ballot
    27  otherwise complies with the requirements of law.
    28    3. Inapplicability. Subdivisions one and two of this section shall not
    29  apply in the case of a person: (a) who registers to  vote  by  mail  and
    30  submits as part of such registration either:
    31    (1) a copy of a current and valid photo identification; or
    32    (2)  a  copy  of  a  current  utility bill, bank statement, government
    33  check, paycheck, or government document that shows the name and  address
    34  of the voter;
    35    (b)  (1) who registers to vote by mail and submits with such registra-
    36  tion either:
    37    (i) a driver's license or a department of  motor  vehicles  non-driver
    38  photo ID number; or
    39    (ii) at least the last four digits of the individual's social security
    40  number; and
    41    (2) with respect to whom a local board of elections matches the infor-
    42  mation submitted under subparagraph one of this paragraph with an exist-
    43  ing  state  identification  record  bearing the number, name and date of
    44  birth of such voter; or
    45    (c) who is:  (1)  entitled  to  vote  by  absentee  ballot  under  the
    46  Uniformed  and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
    47  et seq.);
    48    (2) provided the right to vote otherwise than in person under  section
    49  3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
    50  icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
    51    (3)  entitled to vote otherwise than in person under any other federal
    52  law] obtain a non-driver identification from  the  department  of  motor
    53  vehicles if he or she does the following:
    54    (1)  (i)  If an individual does not possess the documentation accepted
    55  by the commissioner of motor vehicles to receive a non-driver  identifi-
    56  cation, pursuant to section four hundred ninety of the vehicle and traf-
        S. 6139                             3

     1  fic law, such individual shall obtain the affidavit provided in subdivi-
     2  sion  three  of this section from a county, city, town or village clerk,
     3  the department of health, the New York city department of mental  health
     4  and hygiene or the department of motor vehicles.
     5    (ii)  When the signed affidavit is received by the county, city, town,
     6  or village where the individual was born or the department of health  or
     7  the  New York city department of mental health and hygiene, if the indi-
     8  vidual was born in the city of New York, no later than the  seventh  day
     9  before the election, it shall be the duty of the clerk or the department
    10  to  provide  the  individual a certified copy or certified transcript of
    11  the individual's record of birth at no cost to the  requesting  individ-
    12  ual, if the clerk or department has access to the individual's record of
    13  birth.
    14    (iii)  No later than the seventh day before the election, the individ-
    15  ual shall present his or her record of birth and the signed affidavit to
    16  the department of motor  vehicles.  Upon  receipt  of  the  individual's
    17  record  of  birth  and  the  signed affidavit, the commissioner of motor
    18  vehicles shall issue the individual a non-driver identification card  at
    19  no  cost  to  the individual, pursuant to section four hundred ninety of
    20  the vehicle and traffic law.
    21    (2) (i) If an individual does possess the  documentation  accepted  by
    22  the  commissioner  of motor vehicles to receive a non-driver identifica-
    23  tion pursuant to section four hundred ninety of the vehicle and  traffic
    24  law,  such  individual shall obtain an affidavit provided in subdivision
    25  three of this section from a county, city, town, or village  clerk,  the
    26  department  of health, the New York city department of mental health and
    27  hygiene, or the department of motor vehicles.
    28    (ii) No later than the seventh day before the election, the individual
    29  shall present the signed affidavit and the accepted documentation to the
    30  department of motor vehicles. Upon receipt of the individual's  documen-
    31  tation  and  the  signed  affidavit,  the commissioner of motor vehicles
    32  shall issue the individual a non-driver identification card at  no  cost
    33  to the individual pursuant to section four hundred ninety of the vehicle
    34  and traffic law.
    35    3. Affidavit. (a) The board of elections shall furnish an affidavit to
    36  county,  city,  town and village clerks, as well as to the department of
    37  motor vehicles, the department of health, and the New York city  depart-
    38  ment of health and mental hygiene, which an individual shall sign in ink
    39  and  which  shall contain the following information and substantially be
    40  in the following form:
    41    I, the undersigned, do hereby swear that it  is  seven  or  more  days
    42  before  the  next  election on ............................ and I do not
    43  possess a valid government issued photo for purposes  of  voting.  I  do
    44  hereby require the department of motor vehicles to issue me a non-driver
    45  identification for purposes of voting in the next election on the afore-
    46  mentioned date.

    47  Date: .............................
    48                                        ..................................
    49                                              (Signature of applicant)

    50  On  the  date  above  indicated  before me personally came the applicant
    51  whose signature appears on this affidavit, who signed same in  my  pres-
    52  ence  and who, being by me duly sworn, said that the foregoing statement
    53  made and subscribed by him or her, was true.
        S. 6139                             4

     1  Date:..................
     2                                          ................................
     3                                            (Signature and official title
     4                                            of officer administering oath)

     5    (b)  Any notary who administered the oath required in paragraph (a) of
     6  this subdivision is not permitted to collect a fee  for  collecting  the
     7  documents required.
     8    §  2. Subdivision 2 of section 8-400 of the election law is amended by
     9  adding a new paragraph (f) to read as follows:
    10    (f) All applications shall be accompanied by a copy of the applicant's
    11  valid government issued photo  identification  as  required  by  section
    12  8-303  of  this  article.  An  individual  may obtain a valid government
    13  issued photo identification for no charge as prescribed in paragraph (b)
    14  of subdivision two of section 8-303 of this article.
    15    § 3. Subdivision a of section 17-169 of the administrative code of the
    16  city of New York is amended by adding a new paragraph  1-a  to  read  as
    17  follows:
    18    1-a.  A  certified copy or certified transcript of the record of birth
    19  shall be issued upon receipt of an affidavit signed by a person,  signed
    20  no  later than the seventh day before an election, pursuant to paragraph
    21  (b) of subdivision two of section 8-303 of the  election  law.  In  such
    22  instance,  such  birth  certificate  shall  be  issued at no cost to the
    23  person.
    24    § 4. Subdivision 1 of section 4174 of the public health law is amended
    25  by adding a new paragraph (b-1) to read as follows:
    26    (b-1) upon receipt of an affidavit signed by an applicant,  signed  no
    27  later than the seventh day before an election, pursuant to paragraph (b)
    28  of subdivision two of section 8-303 of the election law, either a certi-
    29  fied copy or certified transcript of such applicant's birth certificate.
    30  In  such  instance, such birth certificate shall be issued at no cost to
    31  the applicant;
    32    § 5. Paragraph (a) of subdivision 3 of section 490 of the vehicle  and
    33  traffic  law  is  amended  by  adding a new subparagraph (iv) to read as
    34  follows:
    35    (iv) In the case of a person who is issued an identification card  for
    36  purposes  of  voting  pursuant to section 8-303 of the election law, the
    37  commissioner shall issue an identification card without the  payment  of
    38  any  fee,  upon such person submitting a sworn affidavit, as provided in
    39  section 8-303 of the election law and a  certificate  of  birth  or  any
    40  other  form  of  documentation accepted by the commissioner to prove the
    41  person's identity. An identification issued pursuant  to  this  subpara-
    42  graph shall expire four years after the date of issuance.
    43    § 6. This act shall take effect immediately.