Provides that qualified persons who have never previously registered to vote may register on any day, including a day of election, that the board of elections is open for business; requires establishment of a procedure to enable such registrants to cast their votes at the appropriate polling places.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2099
SPONSOR: Kavanagh TITLE OF BILL: An act to amend the election law, in relation to
allowing for polling place voter registration for any qualified person
who is not registered to vote
PURPOSE OR GENERAL IDEA OF BILL: To provide qualified persons who have
never previously registered to vote with the opportunity on the day of
an election.
SUMMARY OF SPECIFIC PROVISIONS: Section 5-210 of the election law is
amended by adding a new subdivision 1-a.
JUSTIFICATION: This legislation seeks to set parameters and guidelines
for Election Day voter registration. Allowing for persons eligible to
vote to register to vote up until and on Election Day has increased
voter turnout in the six states (Idaho, Maine, Minnesota, New Hampshire,
Wisconsin and Wyoming). On average, turnout was 14% higher in EDR states
than across the country in the 2004 election cycle. New York consistent-
ly ranks near the bottom in voter turnout in the country. It is imper-
ative the state take every action necessary to allow eligible voters the
opportunity to register and vote. Most voters do not get excited or
involved in elections until the very last moment when often it is too
late to register to vote. This must be changed, voters should have the
ability to register and vote on Election Day.
PRIOR LEGISLATIVE HISTORY:
2012: A06421A (Kavanagh) - Election Law 2011: A06421 (Kavanagh) -
Election Law 2010: A5257A (Espaillat) - Election Law 2009: A5257
(Espaillat) - Election Law 2008: A4714 (Espaillat) - Election Law 2007:
A9670 (Espaillat) - Election Law 2007: A9670 (Espaillat) - Election Law
FISCAL IMPLICATIONS: None
EFFECTIVE DATE:
This act shall take effect January 1, 2014.
STATE OF NEW YORK
________________________________________________________________________
2099
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to allowing for polling
place voter registration for any qualified person who is not regis-
tered to vote
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 5-210 of the election law is amended by adding a
2 new subdivision 1-a to read as follows:
3 1-a. (a) Notwithstanding any other provision of this article relating
4 to registration requirements, any qualified person who is not registered
5 in this state may apply personally for registration and enrollment by
6 appearing at the appropriate polling place for the election district in
7 which he or she resides on any day of election, primary, general, or
8 special, during the hours that such polling place is open for voting. To
9 be eligible to register pursuant to this subdivision, a person must
10 provide acceptable forms of identification containing proof of resi-
11 dence, as determined by state law implementing the Help Americans Vote
12 Act of 2002 (Public Law 107-252). Any person who so registers to vote
13 shall execute the following instrument in substantially the following
14 form:
15 "I, (name), do hereby certify, under penalty of perjury, that, to the
16 best of my knowledge, I am a qualified voter, having resided at (place
17 of residence) for at least thirty days immediately preceding this
18 election, that I am not disqualified on any legal grounds from voting,
19 and that I have not already voted at this election."
20 (b) If a registrant is unable to provide valid proof of residence as
21 provided for in paragraph (a) of this subdivision, such registrant may
22 be allowed to register for and vote in any election by affidavit ballot.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03223-01-3
A. 2099 2
1 Such affidavit ballot shall not be counted until election officials can
2 determine such registrant's residence and eligibility to vote.
3 (c) The board of elections shall establish a procedure by which a
4 person who registers pursuant to this subdivision may cast his or her
5 vote at the appropriate polling place.
6 § 2. This act shall take effect January 1, 2014.
