A01712 Summary:

BILL NO    A01712D

SAME AS    SAME AS S01974-D

SPONSOR    Kavanagh (MS)

COSPNSR    Cusick, Hoyt, Kellner, Rivera J, Rivera P

MLTSPNSR   Glick, Peoples-Stokes, Towns

Amd El L, generally

Enacts the "voter empowerment act of New York" to streamline the process for
registering to vote.
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A01712 Actions:

BILL NO    A01712D

01/11/2011 referred to election law
01/04/2012 referred to election law
01/06/2012 amend and recommit to election law
01/06/2012 print number 1712a
05/30/2012 amend (t) and recommit to election law
05/30/2012 print number 1712b
06/04/2012 amend (t) and recommit to election law
06/04/2012 print number 1712c
12/05/2012 amend and recommit to election law
12/05/2012 print number 1712d
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A01712 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1712--D
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2011
                                       ___________
 
        Introduced  by  M. of A. KAVANAGH, CUSICK, KELLNER, J. RIVERA, P. RIVERA
          -- Multi-Sponsored by -- M. of A. GLICK, PEOPLES-STOKES --  read  once
          and  referred  to  the Committee on Election Law -- recommitted to the
          Committee on Election Law in accordance with Assembly Rule 3,  sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended

          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee -- again reported from said committee with  amendments,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as amended and recommitted to said committee
 
        AN  ACT  to  amend  the election law, in relation to enacting the "voter
          empowerment act of New York"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "voter empowerment act of New York".
     3    § 2. Section 5-104 of the election law is  amended  by  adding  a  new
     4  subdivision 3 to read as follows:

     5    3. The provisions set forth in subdivision one of this section regard-
     6  ing the right of students to register and vote shall be interpreted in a
     7  manner  consistent with the constitutional requirement that each citizen
     8  must be permitted to vote in that community which is the "locus  of  ...
     9  primary concern" to that citizen at the time of the election. According-
    10  ly,  a  student attending a college or university in this state shall be
    11  permitted to retain his or her parental residence for voting purposes if
    12  the parental community  remains  the  locus  of  the  student's  primary
    13  concern or, in the alternative, a student shall be permitted to register
    14  and  vote  from  his  or  her residence within the college or university

    15  community if he or she regards the college or university as the communi-
    16  ty of primary concern.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04808-10-2

        A. 1712--D                          2
 
     1    § 3. The election law is amended by adding a new section 5-200 to read
     2  as follows:
     3    §  5-200.  Automated  voter registration. 1. Notwithstanding any other
     4  manner of registration required by this  article,  each  person  in  the
     5  state qualified to vote pursuant to section 5-102 of this article, shall
     6  be  automatically  registered  to  vote  as  provided  in  this section,

     7  provided that the person consents to voter registration.
     8    2. The state board of elections or county  board  of  elections  shall
     9  register  to vote or update the registration record of any person in the
    10  state qualified to vote pursuant to section 5-102 of  this  article  who
    11  consents to the registration or update and does any of the following:
    12    (a)  completes  an  application for a new or renewed driver's license,
    13  non-driver  identification  card,  pre-licensing   course   certificate,
    14  learner's permit or certification of supervised driving with the depart-
    15  ment  of  motor  vehicles,  or  notifies such department in writing of a
    16  change of his or her name or address;
    17    (b) completes an application for services, renewal or  recertification

    18  for  services, or change of address relating to such services from agen-
    19  cies designated in section 5-211 of this title;
    20    (c) completes an application for services, renewal or  recertification
    21  for  services,  or  change of address relating to such services from any
    22  municipal housing authority as set forth  in  article  thirteen  of  the
    23  public housing law;
    24    (d)  registers  for classes at institutions of the state university of
    25  New York and the city university of New York;
    26    (e) completes a maximum sentence of imprisonment or is discharged from
    27  parole;
    28    (f) completes an application for unemployment insurance;
    29    (g) becomes a member or employee of the New York division of  military
    30  and naval affairs; or

    31    (h)  completes  an  application with any other state or federal agency
    32  designated as a source agency pursuant to paragraph (b)  of  subdivision
    33  three of this section.
    34    3. (a) The term "source agency" includes the department of motor vehi-
    35  cles, any government agency designated pursuant to section 5-211 of this
    36  title,  the  state university of New York and the city university of New
    37  York, all public housing authorities listed in article thirteen  of  the
    38  public  housing  law, the department of corrections and community super-
    39  vision, the department of labor, the New York division of  military  and
    40  naval  affairs and any agency designated by the state board of elections
    41  pursuant to paragraph (b) of this subdivision.

    42    (b) The state board of elections may designate additional state  agen-
    43  cies to serve as sources for voter registration. In designating an agen-
    44  cy under this paragraph, the state board of elections shall consider:
    45    (i)  the  likelihood  that  source  records  reflect a large number of
    46  eligible citizens;
    47    (ii) the extent to which source records reflect eligible citizens  who
    48  would  not  otherwise  be  registered  under  the act to modernize voter
    49  registration;
    50    (iii) the accuracy of personal identification data in source  records;
    51  and
    52    (iv)  any additional factors designated by the chief election official
    53  as reasonably related to  accomplishing  the  purposes  of  the  act  to

    54  modernize voter registration.
    55    4.  The  state  board of elections and the source agencies shall enter
    56  into agreements to ensure that for each person described in  subdivision

        A. 1712--D                          3
 
     1  two  of this section, each source agency electronically transmits to the
     2  state or local boards of elections the following information in a format
     3  that can be read by the computerized statewide voter registration list:
     4    (a) given name or names and surname or surnames;
     5    (b) mailing address and residential address;
     6    (c) date of birth;
     7    (d) citizenship;
     8    (e)  driver's  license  or non-driver identification card number, last

     9  four digits of the person's social security number, or a space  for  the
    10  person to indicate that he or she does not have any such number;
    11    (f) political party enrollment, if any;
    12    (g)  an  indication  that  the person intends to apply for an absentee
    13  ballot, if any; and
    14    (h) an image of the person's signature.
    15    In the event that any transmission of data pursuant  to  this  section
    16  fails to include an image of an individual's signature, the absence of a
    17  signature  shall  not  preclude the registration of an eligible citizen.
    18  The board of elections shall develop procedures to  enable  an  eligible
    19  citizen,  whose  information is transmitted pursuant to this section and

    20  whose information lacks an electronic signature, to provide a  signature
    21  at  the  polling  place  or  with  an application for an absentee ballot
    22  before voting. The board may require an elector who has not  provided  a
    23  signature before arriving at the polling place or submitting an absentee
    24  ballot  to present a current and valid photo identification or a copy of
    25  a current utility bill, bank statement, government check,  paycheck,  or
    26  other government document that shows the name and address of the voter.
    27    5.  If an agency does not routinely request information concerning the
    28  citizenship status of individuals, it shall maintain records  sufficient
    29  to transmit to the board of elections indications of United States citi-

    30  zenship  for  each  person described in subdivision two of this section,
    31  but shall not retain, use, or share any such information relating to  an
    32  individual's citizenship for any other purpose.
    33    6.  The  state  board  of  elections  shall  prepare and distribute to
    34  participating agencies written instructions as to the implementation  of
    35  the  program and shall be responsible for establishing training programs
    36  for employees of source agencies listed in this section. Training  shall
    37  include  requirements that employees of any source agency communicate to
    38  each individual identified in subdivision two of this section  that  the
    39  source  agency  maintains  strict  neutrality with respect to a person's

    40  party enrollment and all persons seeking voter  registration  forms  and
    41  information  shall  be  advised  that government services are not condi-
    42  tioned on being registered to vote, or eligibility to register to  vote.
    43  No statement shall be made nor any action taken to discourage the appli-
    44  cant from registering to vote.
    45    7.  The agreements between the state board of elections and the source
    46  agencies shall include the format in which information will be transmit-
    47  ted, whether and how each entity will collect, in addition to the manda-
    48  tory information listed in subdivision four of this section,  additional
    49  information on a voluntary basis from persons for the purpose of facili-

    50  tating  voter  registration,  the  frequency  of data transmissions, the
    51  procedures, and other measures that will be used to ensure the  security
    52  and  privacy of the information transmitted, and any other matter neces-
    53  sary or helpful to implement the requirements of this section.
    54    8. Each  source  agency  shall  cooperate  with  the  state  board  of
    55  elections  and  county board of elections to facilitate the voter regis-
    56  tration of each person described in subdivision two of this section, and

        A. 1712--D                          4
 
     1  to electronically transmit the information needed to register each  such
     2  person  to  vote  or  to  update  each  such person's voter registration
     3  record.

     4    9.  Each  source  agency  shall enter into an agreement with the state
     5  board of elections finalizing the format and content of electronic tran-
     6  smissions required by this section no later than  September  first,  two
     7  thousand  thirteen;  provided,  that each source agency shall be able to
     8  comply fully with  all  requirements  of  this  section,  including  the
     9  collection and transmission of all data required to register individuals
    10  to vote, by January first, two thousand fourteen.
    11    § 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
    12  vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
    13  as  added  by  chapter  659  of the laws of 1994, are amended to read as
    14  follows:
    15    1. The board of elections shall transfer the registration and  enroll-

    16  ment  of any voter for whom it receives a notice of change of address to
    17  another address in the [same county or city] state, or for any voter who
    18  [casts] submits a ballot in an  affidavit  ballot  envelope  which  sets
    19  forth such a new address.  Such notices shall include, but not be limit-
    20  ed  to,  notices  received  from any state agency which conducts a voter
    21  registration program pursuant to the provisions of  sections  5-211  and
    22  5-212  of  this  title or which transmit information, that the voter has
    23  notified such agency of a change of address in the [same city or county]
    24  state unless the voter has indicated that such change of address is  not
    25  for  voter  registration purposes, notices of change of address from the
    26  United States Postal Service through  the  National  Change  of  Address

    27  System,  any  notices of a forwarding address on mail sent to a voter by
    28  the board of elections and returned by the postal service,  national  or
    29  state  voter  registration  forms,  confirmation mailing response cards,
    30  United States Postal Service notices  to  correspondents  of  change  of
    31  address,  applications  for registration from persons already registered
    32  in such county or city, or any other notices to correspondents  sent  to
    33  the board of elections by such voters.
    34    6.  If a notice sent pursuant to [subdivision five of] this section is
    35  returned [by the postal service] as undeliverable and without a forward-
    36  ing address, the board of elections shall  return  the  registration  of
    37  such  voter  to  the  original  address,  send such voter a confirmation
    38  notice pursuant to the provisions of subdivision one of section 5-712 of

    39  this [title] article and place such voter in inactive status.
    40    § 5. Subdivision 3 of section 5-208 of the election law, as  added  by
    41  chapter 659 of the laws of 1994, is amended to read as follows:
    42    3.  If  such  a notice is received at least [twenty] ten days before a
    43  primary, special or general election, such change  of  address  must  be
    44  completed  before  such  election.  If  such a notice is not received at
    45  least ten days before a primary, special or  general  election,  then  a
    46  voter  may  vote in accordance with subdivision three-d of section 8-302
    47  of this chapter.
    48    § 6. Subdivision 1 of section 4-117 of the election law, as amended by
    49  chapter 288 of the laws of 2009, is amended to read as follows:

    50    1. The board of elections, between August first and  August  fifth  of
    51  each  year, shall send by first class mail on which is endorsed "ADDRESS
    52  CORRECTION REQUESTED" and which contains a request that  any  such  mail
    53  received  for persons not residing at the address be dropped back in the
    54  mail, a communication,  in  a  form  approved  by  the  state  board  of
    55  elections,  to  every registered voter who has been registered without a
    56  change of address since the beginning of  such  year,  except  that  the

        A. 1712--D                          5
 
     1  board  of elections shall not be required to send such communications to
     2  voters in inactive status. The communication shall notify the  voter  of
     3  the  days  and  hours  of the ensuing primary and general elections, the
     4  place  where  he  appears  by his registration records to be entitled to

     5  vote, the fact that voters who have moved or will have  moved  from  the
     6  address  where  they  were last registered must [re-register or, that if
     7  such move was to another address in the same county or city,  that  such
     8  voter  may]  either  notify the board of elections of his new address or
     9  vote by paper ballot at the polling place for his new  address  even  if
    10  such  voter  has  not  re-registered, or otherwise notified the board of
    11  elections of the change of address. If the location of the polling place
    12  for the voter's election district  has  been  moved,  the  communication
    13  shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
    14  BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
    15  indicate whether the polling place is accessible to physically  disabled

    16  voters, that a voter who will be out of the city or county on the day of
    17  the  primary  or  general  election  or a voter who is ill or physically
    18  disabled may obtain an absentee ballot, that a physically disabled voter
    19  whose polling place is not accessible may request that his  registration
    20  record  be moved to an election district which has a polling place which
    21  is accessible, the phone number to  call  for  applications  to  move  a
    22  registration  record  or  for  absentee  ballot  applications, the phone
    23  number to call for the location of registration and polling places,  the
    24  phone  number  to call to indicate that the voter is willing to serve on
    25  election day as an election inspector, poll  clerk,  interpreter  or  in
    26  other  capacities, the phone number to call to obtain an application for
    27  registration  by  mail,  and  such  other  information  concerning   the

    28  elections  or  registration as the board may include. In lieu of sending
    29  such communication to every registered voter, the board of elections may
    30  send a single communication to a  household  containing  more  than  one
    31  registered  voter,  provided that the names of all such voters appear as
    32  part of the address on such communication.
    33    § 7. Paragraph (a) of subdivision 1 of section 5-400 of  the  election
    34  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    35  as follows:
    36    (a) Moved his or her residence outside the [city or county in which he
    37  is registered] state.
    38    § 8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400  of
    39  the  election  law,  paragraphs  (b)  and (d) as added by section 20 and
    40  paragraph (c) as added and paragraph (d) as relettered by section 22  of

    41  chapter 659 of the laws of 1994, are amended to read as follows:
    42    (b)  A  notice that the registrant has moved to an address outside the
    43  [city or county] state which is signed by the registrant and sent to the
    44  board of elections.
    45    (c) A notice signed by the registrant which states  that  such  regis-
    46  trant  has  moved  to  an address outside the [city or county] state and
    47  that such change of address is for voter registration purposes.
    48    (d) A notice from a board of elections  or  other  voter  registration
    49  officer  or  agency  that  such  person  has  registered to vote from an
    50  address outside [such city or county] the state.
    51    § 9. Subdivision 3 of section 5-210 of the election law, as amended by
    52  chapter 179 of the laws of 2005, is amended to read as follows:

    53    3. Completed application forms, when received by any county  board  of
    54  elections  and,  with  respect  to  application forms promulgated by the
    55  federal election  commission,  when  received  by  the  state  board  of
    56  elections,  or  showing  a  dated cancellation mark of the United States

        A. 1712--D                          6
 
     1  Postal Service or contained in an envelope showing such a dated  cancel-
     2  lation  mark which is not later than the [twenty-fifth] tenth day before
     3  the next ensuing primary, general or special election, and  received  no
     4  later  than the [twentieth] fifth day before such election, or delivered
     5  in person to such county board of elections not later than the tenth day
     6  before a special election, shall entitle the applicant to vote  in  such

     7  election,  if  he or she is otherwise qualified, provided, however, such
     8  applicant shall not vote on a voting machine until his or  her  identity
     9  is verified. Any county board of elections receiving an application form
    10  from  a  person  who  does  not  reside in its jurisdiction but who does
    11  reside elsewhere in the state of New York, shall forthwith forward  such
    12  application  form to the proper county board of elections. Each board of
    13  elections shall make an entry on each  such  form  of  the  date  it  is
    14  received by such board.
    15    §  10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the
    16  election law, as amended by chapter 179 of the laws  of  2005,  subpara-
    17  graph  (xii)  of  paragraph  (k)  as added by chapter 362 of the laws of
    18  2008, are amended and a new paragraph (n) is added to read as follows:

    19    (g) Notice that the applicant must be a citizen of the United  States,
    20  is [or will be at least eighteen years old not later than December thir-
    21  ty-first  of  the  calendar  year in which he or she registers] at least
    22  sixteen years old when he or she submits an application to  register  to
    23  vote and a resident of the county or city to which application is made.
    24    (k)  The  form shall also include space for the following information,
    25  which must be contained on the inside of the form after it is folded for
    26  mailing:
    27    (i) A space for the applicant to indicate whether or not he or she has
    28  ever voted or registered to vote before and, if so, the approximate year
    29  in which such applicant last voted or registered and his or her name and
    30  address at the time.

    31    (ii) The name and residence address of the applicant including the zip
    32  code and apartment number, if any.
    33    (iii) The date of birth of the applicant.
    34    (iv) A space for the applicant to indicate his or her driver's license
    35  or department of motor vehicles non-driver photo ID number or  the  last
    36  four  digits  of  his or her social security number or, if the applicant
    37  does not have either such number, a space for the applicant to  indicate
    38  he or she does not have either.
    39    (v)  A space for the applicant to indicate whether or not he or she is
    40  a citizen of the United States and the statement "If you checked "no" in
    41  response to this question, do not complete this form."
    42    (vi) [A space for the applicant to answer the question "Will you be 18
    43  years of age on or before election  day?"  and  the  statement  "If  you

    44  checked  "no"  in  response  to this question, do not complete this form
    45  unless you will be 18 by the end of the year."
    46    (vii)] A statement informing the applicant that if the form is submit-
    47  ted by mail and the applicant is registering for the first time, certain
    48  information or documents must be submitted with the mail-in registration
    49  form in order  to  avoid  additional  identification  requirements  upon
    50  voting for the first time. Such information and documents are:
    51    (A)  a  driver's  license  or  department of motor vehicles non-driver
    52  photo ID number; or
    53    (B) the last four digits of the individual's social  security  number;
    54  or
    55    (C) a copy of a current and valid photo identification; or

        A. 1712--D                          7
 

     1    (D)  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    [(viii)] (vii) The gender of the applicant (optional).
     5    [(ix)]  (viii) A space for the applicant to indicate his or her choice
     6  of party enrollment, with a clear alternative provided for the applicant
     7  to decline to affiliate with any party.
     8    [(x)] (ix) The telephone number of the applicant (optional).
     9    [(xi)] (x) A place for the applicant to execute the  form  on  a  line
    10  which  is  clearly  labeled  "signature  of  applicant"  preceded by the
    11  following specific form of affirmation:
    12    AFFIDAVIT: I swear or affirm that:
    13       * I am a citizen of the United States.

    14       * I will have lived in the county, city, or village for at least 30
    15         days before the election.
    16       * I meet all the requirements to  register  to  vote  in  New  York
    17         State.
    18       * This is my signature or mark on the line below.
    19       * All  the  information  contained  on  this application is true. I
    20         understand that if it is not true I can be convicted and fined up
    21         to $5,000 and/or jailed for up to four years.
    22  which form of affirmation shall be followed by a space for the date  and
    23  the aforementioned line for the applicant's signature.
    24    [(xii)]  (xi)  A  space  for the applicant to register in the New York
    25  state donate life registry for organ and  tissue  donations  established
    26  pursuant to section forty-three hundred ten of the public health law.
    27    (xii) The email address of the applicant (optional).

    28    (n) Agreements adopted pursuant to section 5-200 of this title between
    29  source  agencies  and  the  state  or county boards of elections are not
    30  required to include the collection or transmission  of  the  information
    31  requested  in  paragraph (j) or subparagraph (i), (vii), (ix) or (xi) of
    32  paragraph (k) of this subdivision, and no board of election shall refuse
    33  to register to vote or update the registration record of any  person  in
    34  the state whose information is  transmitted pursuant to section 5-200 of
    35  this  title  for  the  reason that such information does not include the
    36  information requested by  paragraph  (j)  or  subparagraph  (i),  (vii),
    37  (viii), (ix) or (xi) of paragraph (k) of this subdivision.

    38    §  11. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
    39  as amended by chapter 179 of the laws of 2005, are amended  to  read  as
    40  follows:
    41    9. The county board of elections shall, promptly and in any event, not
    42  later than twenty-one days after receipt by it of the application, veri-
    43  fy  the  identity  of  the  applicant, except if such board receives the
    44  application within twenty-one days of  a  special,  primary  or  general
    45  election,  the  board  shall verify the identity of the applicant within
    46  five days or before such election, whichever shall be sooner.  In  order
    47  to  do  so,  the county board of elections shall utilize the information
    48  provided in the application and shall attempt to verify such information
    49  with the information provided  by  the  department  of  motor  vehicles,

    50  social  security  administration and any other lawful available informa-
    51  tion source. If the county board of elections is unable  to  verify  the
    52  identity  of  the applicant within twenty-one days of the receipt of the
    53  application, it shall immediately take steps to confirm that the  infor-
    54  mation  provided by the applicant was accurately utilized by such county
    55  board of elections,  was  accurately  verified  with  other  information
    56  sources  and  that  no data entry error, or other similar type of error,

        A. 1712--D                          8
 
     1  occurred. Following completion of the preceding steps, the county  board
     2  of  elections  shall  mail (a) a notice of its approval, (b) a notice of
     3  its approval which includes an indication that such board  has  not  yet
     4  been able to verify the identity of the applicant and a request for more

     5  information  so that such verification may be completed, or (c) a notice
     6  of its rejection of the application to the applicant in a form  approved
     7  by  the  state  board  of  elections.  Notices  of  approval, notices of
     8  approval with requests for more  information  or  notices  of  rejection
     9  shall be sent by nonforwardable first class or return postage guaranteed
    10  mail  on  which  is  endorsed  "ADDRESS  CORRECTION REQUESTED" and which
    11  contains a request that any such mail received for persons not  residing
    12  at the address be dropped back in the mail. The voter's registration and
    13  enrollment  shall  be  complete  upon  receipt of the application by the
    14  appropriate county board of elections. The failure of a county board  of
    15  elections  to  verify an applicant's identity shall not be the basis for
    16  the rejection of a voter's application,  provided,  however,  that  such

    17  verification  failure  shall  be the basis for requiring county board of
    18  elections to take the additional verification  steps  provided  by  this
    19  chapter.  The  notice  shall also advise the registrant of the date when
    20  his registration and enrollment is effective, of the date and the  hours
    21  of  the next regularly scheduled primary or general election in which he
    22  will be eligible to vote, of the location of the polling  place  of  the
    23  election  district  in which he is or will be a qualified voter, whether
    24  such polling place is accessible to physically  handicapped  voters,  an
    25  indication  that  physically handicapped voters or voters who are ill or
    26  voters who will be out of the city or county on the day of  the  primary
    27  or  general election, may obtain an absentee ballot and the phone number
    28  to call for absentee ballot applications, the phone numbers to call  for

    29  location  of  polling places, to obtain registration forms and the phone
    30  number to call to indicate  that  the  voter  is  willing  to  serve  on
    31  election  day  as an inspector, poll clerk or interpreter. The notice of
    32  approval, notice of approval with request for more information or notice
    33  of rejection shall also advise the applicant  to  notify  the  board  of
    34  elections if there is any inaccuracy. The form of such mail notification
    35  shall  be  prescribed  by the state board of elections and shall contain
    36  such other information and instructions as it may reasonably require  to
    37  carry out the purposes of this section. The request for more information
    38  shall  inform  the  voter  that  "THE  FAILURE  TO  CONTACT THE BOARD OF
    39  ELECTIONS AND CORRECT ANY INACCURACIES IN  THE  APPLICATION  OR  PROVIDE
    40  REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-

    41  TION  AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such
    42  notice is returned undelivered without a new address,  the  board  shall
    43  forthwith  send  such  applicant  a  confirmation notice pursuant to the
    44  provisions of section 5-712 of this article and place such applicant  in
    45  inactive  status.  The  state  board  of elections shall prepare uniform
    46  notices by this section as provided for in subdivision eight of  section
    47  3-102 of this chapter.
    48    11. If the county board of elections suspects or believes that for any
    49  reason  the applicant is not entitled to registration and enrollment, it
    50  shall make inquiry in reference thereto. If the board of elections shall
    51  find that the applicant is not qualified to  register  and  enroll,  the
    52  application  shall  be  rejected  and  the  applicant  notified  of such

    53  rejection and the reason therefor, no later than ten days before the day
    54  of the first primary or general election  occurring  at  least  [twenty-
    55  five]  ten  days after the filing of the application, except that if the
    56  application was submitted between twenty-five and ten  days  before  the

        A. 1712--D                          9
 
     1  day  of  the  first primary or general election, such board shall notify
     2  the applicant at least five days before such election.
     3    14.  Notwithstanding the entry by the county board of elections on the
     4  registration poll record of the information contained on an  application
     5  form prescribed by this section, such entry shall not preclude the coun-
     6  ty  board of elections from subsequently rejecting the application if it

     7  is not satisfied that the applicant is entitled to register  and  enroll
     8  as  provided by this section, provided that the applicant is notified of
     9  such rejection and reasons therefor no later than ten  days  before  the
    10  day  of  the first primary or general election occurring at least [twen-
    11  ty-five] ten days after the filing of such application form, except that
    12  if the application was submitted between twenty-five and ten days before
    13  the day of the first primary or general election, such board shall noti-
    14  fy the applicant at least five days before such election.
    15    § 12. Subdivisions 11 and 12 of section 5-211  of  the  election  law,
    16  subdivision  11 as amended by chapter 200 of the laws of 1996 and subdi-
    17  vision 12 as added by chapter 659 of the laws of 1994,  are  amended  to

    18  read as follows:
    19    11.  The  participating  agency shall transmit [the completed applica-
    20  tions for registration and change  of  address  forms]  all  information
    21  collected  pursuant  to  section  5-200 of this title to the appropriate
    22  board of elections not later than ten days after receipt except that all
    23  such completed applications and forms received by the agency between the
    24  thirtieth and twenty-fifth day before an election shall  be  transmitted
    25  in such manner and at such time as to assure their receipt by such board
    26  of elections not later than the twentieth day before such election.
    27    12.  [Completed  application  forms,  when  received]  All information
    28  collected pursuant to section 5-200 of this  title  by  a  participating

    29  agency  not  later  than  the  twenty-fifth  day before the next ensuing
    30  primary, general or special election and transmitted by such  agency  to
    31  the  appropriate  board  of  elections so that they are received by such
    32  board not later than the twentieth day before such election shall  enti-
    33  tle the applicant to vote in such election provided the board determines
    34  that the applicant is otherwise qualified.
    35    §  13. Subdivisions 11 and 12 of section 5-211 of the election law, as
    36  amended by section twelve of this act, are amended to read as follows:
    37    11. The participating agency shall transmit all information  collected
    38  pursuant  to  section  5-200  of  this title to the appropriate board of
    39  elections not later than ten days after receipt  except  that  all  such
    40  completed  applications  and  forms  received  by the agency between the

    41  [thirtieth] fifteenth and [twenty-fifth] tenth day  before  an  election
    42  shall  be transmitted in such manner and at such time as to assure their
    43  receipt by such board of elections not later than the [twentieth]  fifth
    44  day before such election.
    45    12.  All information collected pursuant to section 5-200 of this title
    46  by a participating agency not later than the  [twenty-fifth]  tenth  day
    47  before  the next ensuing primary, general or special election and trans-
    48  mitted by such agency to the appropriate board of elections so that they
    49  are received by such board not later  than  the  [twentieth]  fifth  day
    50  before  such  election  shall  entitle  the  applicant  to  vote in such
    51  election provided the board determines that the applicant  is  otherwise

    52  qualified.
    53    §  14. Subdivision 14 of section 5-211 of the election law, as amended
    54  by chapter 200 of the laws of 1996, is amended and two new  subdivisions
    55  18 and 19 are added to read as follows:

        A. 1712--D                         10
 
     1    14.  Applications  shall be processed by the board of elections in the
     2  manner prescribed by [section] sections 5-200 and 5-210  of  this  title
     3  or,  if the applicant is already registered to vote from another address
     4  in the county or city, in the manner prescribed by section 5-208 of this
     5  title.    The  board  shall  send  the appropriate notice of approval or
     6  rejection as required by either subdivision nine of such  section  5-210
     7  or subdivision five of such section 5-208.
     8    18.  All colleges, universities and public school districts located in

     9  this state shall make voter registration forms available to any students
    10  eligible to register or pre-register to  vote  under  paragraph  (g)  of
    11  subdivision  five  of section 5-210 of this title in the same manner and
    12  subject to the same provisions and rules and regulations  as  all  other
    13  designated agencies under this section; except that a college, universi-
    14  ty  or  public  school  district  that  is not otherwise designated as a
    15  source agency pursuant to section 5-200  of  this  title  shall  not  be
    16  required  to collect or maintain forms containing a person's declination
    17  to register to vote as required by subdivision ten of this  section,  or
    18  to  conduct a study and report thereon as required by subdivision seven-
    19  teen of this section.

    20    19. The state board of elections or, in the city of New York, the  New
    21  York  city board of elections, shall provide to public colleges, univer-
    22  sities, and school districts a sufficient quantity of coded voter regis-
    23  tration applications that identify each such application as  originating
    24  from  either a public college, university, or school district. The state
    25  board of elections shall provide for the delivery of such coded applica-
    26  tions by the first day of August of each year to each college, universi-
    27  ty, or school district covered by this chapter, except that the New York
    28  city board of elections shall provide and deliver  such  forms  to  each
    29  participating  public university, college, or school district located in

    30  the city of New York. Every board of elections scanning voter  registra-
    31  tion  forms shall capture any designated agency codes thereon and report
    32  them on a monthly basis to the state board of elections which shall make
    33  such detailed information available to the public.
    34    § 15. Subdivisions 6 and 7 of  section  5-212  of  the  election  law,
    35  subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
    36  sion  7 as added by chapter 659 of the laws of 1994, are amended to read
    37  as follows:
    38    6. The department of motor vehicles shall transmit  [that  portion  of
    39  the form which constitutes the completed application for registration or
    40  change  of  address  form] all information collected pursuant to section

    41  5-200 of this title to the appropriate board of elections not later than
    42  ten days after receipt except that all such completed  applications  and
    43  forms  received by the department between the thirtieth and twenty-fifth
    44  day before an election shall be transmitted in such manner and  at  such
    45  time  as  to  assure  their receipt by such board of elections not later
    46  than the twentieth day before such election.    All  transmittals  shall
    47  include  original  signatures or an electronic image thereof as required
    48  by subdivision four of section 5-200 of this title.
    49    7. [Completed application forms received]  All  information  collected
    50  pursuant to section 5-200 of this title by the department of motor vehi-
    51  cles  not later than the twenty-fifth day before the next ensuing prima-

    52  ry, general or special election and transmitted by  such  department  to
    53  the  appropriate  board of elections so that they are received not later
    54  than the twentieth day before such election shall entitle the  applicant
    55  to  vote  in such election provided the board determines that the appli-
    56  cant is otherwise qualified.

        A. 1712--D                         11
 
     1    § 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
     2  amended by section fifteen of this act, are amended to read as follows:
     3    6.  The  department  of  motor vehicles shall transmit all information
     4  collected pursuant to section 5-200 of this  title  to  the  appropriate
     5  board of elections not later than ten days after receipt except that all
     6  such completed applications and forms received by the department between

     7  the  [thirtieth]  fifteenth  and  [twenty-fifth]  tenth  day  before  an
     8  election shall be transmitted in such manner and  at  such  time  as  to
     9  assure  their  receipt  by  such  board  of elections not later than the
    10  [twentieth] fifth day before such  election.    All  transmittals  shall
    11  include  original  signatures or an electronic image thereof as required
    12  by subdivision four of section 5-200 of this title.
    13    7. All information collected pursuant to section 5-200 of  this  title
    14  by  the  department  of motor vehicles not later than the [twenty-fifth]
    15  tenth day before the next ensuing primary, general or  special  election
    16  and transmitted by such department to the appropriate board of elections

    17  so  that  they  are  received  not  later than the [twentieth] fifth day
    18  before such election  shall  entitle  the  applicant  to  vote  in  such
    19  election  provided  the board determines that the applicant is otherwise
    20  qualified.
    21    § 17. Subdivision 3 of section 5-213 of the election law,  as  amended
    22  by chapter 200 of the laws of 1996, is amended to read as follows:
    23    3.  The  board of elections shall restore the registration of any such
    24  voter to active status if such voter notifies  the  board  of  elections
    25  that he resides at the address from which he is registered, or the board
    26  finds  that  such  voter  has validly signed a designating or nominating
    27  petition which states that he resides at such address, or if such  voter
    28  casts  a ballot in an affidavit envelope which states that he resides at

    29  such address, or if the board receives notice that such voter has  voted
    30  in  an  election  conducted with registration lists prepared pursuant to
    31  the provisions of section 5-612 of this article.  If any such  notifica-
    32  tion  or  information  is  received  [twenty]  ten days or more before a
    33  primary, special or general election, the voter's name must be  restored
    34  to active status for such election.
    35    §  18.  Subdivision 3 of section 5-304 of the election law, as amended
    36  by chapter 90 of the laws of 1991, is amended to read as follows:
    37    3. A change of enrollment received by the board of elections,  showing
    38  a  dated  cancellation  mark  of  the  United  States  Postal Service or
    39  contained in an envelope showing such cancellation mark which is  dated,

    40  not  later  than the twenty-fifth day before the [general election shall
    41  be deposited in a sealed enrollment box, which shall not be opened until
    42  the first Tuesday  following  such  general  election.  Such  change  of
    43  enrollment  shall  be then removed and entered as provided in this arti-
    44  cle] next ensuing primary, general or special election, and received  no
    45  later  than the fifth day before such election or delivered in person to
    46  such county board of elections not later than the  tenth  day  before  a
    47  primary,  general  or  special  election,  shall  be  effective for such
    48  election. Enrollment changes shall be entered as provided in this  arti-
    49  cle  and  shall  be  deemed  to  take effect on the tenth day after such

    50  change of enrollment is received by the board of  elections  or  if  the
    51  change  of  enrollment,  or  the  envelope  containing it, bears a dated
    52  cancellation mark of the United States Postal Service, such change shall
    53  be entered and shall be deemed to take effect on the tenth day after the
    54  date of such mark, whichever is earlier; except that no change will take
    55  effect sooner than the fifth day after the receipt  of  such  change  of
    56  enrollment by the board of elections.

        A. 1712--D                         12
 
     1    §  19.  The  opening  paragraph  of  paragraph (e) of subdivision 3 of
     2  section 8-302 of the election law, as amended by chapter 125 of the laws
     3  of 2011, is amended to read as follows:

     4    Whenever  a  voter  presents  himself  or herself and offers to cast a
     5  ballot, and he or she claims to live in the election district  in  which
     6  he or she seeks to vote but no registration poll record can be found for
     7  him  or her in the poll ledger or his or her name does not appear on the
     8  computer generated registration list or his or her  signature  does  not
     9  appear  next  to his or her name on such computer generated registration
    10  list or his or her registration poll record or  the  computer  generated
    11  registration  list  does not show him or her to be enrolled in the party
    12  in which he or she claims to be enrolled and the voter is not  otherwise
    13  eligible  to cast an affidavit ballot pursuant to subdivision three-d of
    14  this section, a poll clerk or election inspector shall  consult  a  map,

    15  street  finder  or  other  description  of all of the polling places and
    16  election districts  within  the  political  subdivision  in  which  said
    17  election  district  is  located  and  if necessary, contact the board of
    18  elections to obtain the relevant information and advise the voter of the
    19  correct polling place and election district for  the  residence  address
    20  provided  by  the voter to such poll clerk or election inspector. There-
    21  after, such voter shall be permitted to vote in said  election  district
    22  only as hereinafter provided:
    23    §  20.  Section  8-302  of the election law is amended by adding a new
    24  subdivision 3-d to read as follows:
    25    3-d. A person appearing on election day whose name cannot be found  or
    26  whose  information  is  incomplete  or  incorrect on the statewide voter

    27  registration list and who affirms that that he or she interacted with  a
    28  source agency listed in subdivision three of section 5-200 of this chap-
    29  ter  and  consented  to voter registration shall be permitted to cast an
    30  affidavit ballot. Such affidavit ballot shall be counted if at the poll-
    31  ing place, the person presents proof of identity and evidence of  regis-
    32  tering to vote or performing any of the activities specified in subdivi-
    33  sion  two  of section 5-200 of this chapter, and there is no affirmative
    34  proof that the person is ineligible to register  to  vote  or  that  the
    35  person  did  not  register or perform any of the activities specified in
    36  subdivision two of section 5-200 of this chapter.

    37    (a) A person may swear to and subscribe to an affidavit  stating  that
    38  the  person has registered to vote or performed any of the activities in
    39  subdivision two of section 5-200 of this chapter and  consented  to  use
    40  agency  information  for  voter  registration.  That  affidavit shall be
    41  sufficient evidence of registering to vote  or  performing  any  of  the
    42  activities specified in subdivision two of section 5-200 of this chapter
    43  for the purposes of this section.
    44    (b)  A  person without identification may swear to and subscribe to an
    45  affidavit stating that the person did not present documentary  proof  of
    46  identity,  but  that all of the identifying information on the affidavit

    47  ballot envelope is complete and accurate. That affidavit shall be suffi-
    48  cient evidence of identity for the purposes of this section.  Nothing in
    49  this subdivision shall be deemed to override the provisions of  subdivi-
    50  sion two-a of this section governing the requirements for a person whose
    51  name appears in the computer generated registration list with a notation
    52  indicating that the voter's identity was not yet verified as required by
    53  the federal Help America Vote Act.
    54    § 21. Subdivision 11 of section 5-614 of the election law, as added by
    55  chapter 24 of the laws of 2005, is amended to read as follows:

        A. 1712--D                         13
 
     1    11.  The  state  board  of elections shall establish a statewide voter

     2  [hotline using information available through the statewide voter  regis-
     3  tration  list  for  voters  to  obtain information regarding their voter
     4  registration] registration information system available through a secure
     5  public  website  accessible  from  the  website  of  the  state board of
     6  elections and through a toll-free telephone  number  maintained  by  the
     7  state board of elections. The information system shall:
     8    a. allow any voter:
     9    (i)  to  review  the voter registration information represented on the
    10  statewide voter registration list for that voter;
    11    (ii) to submit a confidential request to correct or update the voter's
    12  voter registration information, which shall be sent  to  the  applicable

    13  county board of elections; and
    14    (iii)  to  determine  the  location  of the polling place to which the
    15  voter is assigned;
    16    b. provide an interface that allows any person:
    17    (i) to determine the location of the polling place associated with any
    18  residential address within the state; and
    19    (ii) to determine whether he or she is represented  on  the  statewide
    20  voter registration list; and
    21    c. provide a secure website interface that allows any eligible citizen
    22  who  is not represented on the statewide voter registration list to view
    23  the notices contained on an application form under section 5-210 of this
    24  article and to confidentially submit, through the  interface,  the  data

    25  collected on such application form to the state board of elections. Upon
    26  receipt  of  such  data,  the state board of elections shall forward the
    27  information to the local board of elections of the county or city  where
    28  the citizen resides. Such data shall be processed as an application form
    29  submitted  by mail pursuant to section 5-210 of this article, subject to
    30  the requirements of section 303(b) of the Help America Vote Act of  2002
    31  (42  U.S.C.  § 15483(b)), except that the absence of a written signature
    32  shall not render the application incomplete or  otherwise  preclude  the
    33  registration of an eligible citizen.
    34    For  any  eligible  citizen  attempting  to use the system established

    35  under this subdivision to submit information that will not be  processed
    36  as  valid for the proximate election, the system must notify the citizen
    37  at the time of the submission that the update will not take  effect  for
    38  the  proximate  election. If the citizen is attempting to use the system
    39  established under this subdivision to correct or update voter  registra-
    40  tion  information  under  this  section, the system must also notify the
    41  citizen that he or she may use the election-day  procedure  provided  in
    42  subdivision three-d of section 8-302 of this chapter.
    43    The  board of elections shall develop procedures to enable an eligible
    44  citizen who submits an application  pursuant  to  this  subdivision  and

    45  whose  application  lacks an electronic signature to provide a signature
    46  at the polling place or with  an  application  for  an  absentee  ballot
    47  before voting. The board of elections may require an elector who has not
    48  provided  a signature before arriving at the polling place or submitting
    49  an absentee ballot to present a current and valid  photo  identification
    50  or  a  copy of a current utility bill, bank statement, government check,
    51  paycheck, or other government document that shows the name  and  address
    52  of the voter.
    53    §  22.  Subdivision 3 of section 8-510 of the election law, as amended
    54  by chapter 43 of the laws of 1988, is amended to read as follows:
    55    3. The inspectors shall place such completed report,  and  each  court

    56  order,  if  any,  directing that a person be permitted to vote, and each

        A. 1712--D                         14
 
     1  affidavit completed pursuant to subdivision three-d of section 8-302  of
     2  this article, inside a ledger of registration records or computer gener-
     3  ated registration lists between the front cover, and the first registra-
     4  tion  record  and  then shall close and seal each ledger of registration
     5  records or computer generated registration lists, affix their  signature
     6  to  the  seal,  lock such ledger in the carrying case furnished for that
     7  purpose and enclose the keys in a sealed package or seal  such  list  in
     8  the envelope provided for that purpose.
     9    §  23.  The  election law is amended by adding a new section 17-138 to
    10  read as follows:

    11    § 17-138. Discrimination and harassment. No person acting under  color
    12  of  any  provision  of  law may harass or discriminate against or assist
    13  others in harassing or discriminating against any person on the basis of
    14  the information supplied by the person for voter registration  purposes,
    15  a  person's declination to register to vote or to supply information for
    16  voter registration purposes, or a person's absence  from  the  statewide
    17  voter  registration  list  except as required to administer elections or
    18  enforce election laws.
    19    § 24. Subdivision 1 of section 3-220 of the election law,  as  amended
    20  by chapter 104 of the laws of 2010, is amended to read as follows:
    21    1.  All  registration  records,  certificates,  lists, and inventories

    22  referred to in, or required by, this chapter shall be public records and
    23  open to public inspection under the immediate supervision of  the  board
    24  of elections or its employees and subject to such reasonable regulations
    25  as  such  board  may impose, provided, however, that no data transmitted
    26  pursuant to section 5-200 of this chapter shall be considered  a  public
    27  record  open  to  public inspection solely by reason of its transmission
    28  and that the following information shall  not  be  released  for  public
    29  inspection:
    30    (a) any voter's signature;
    31    (b)  the  personal  residence and contact information of any voter for
    32  whom any provision of law requires confidentiality;
    33    (c) any portion of a voter's driver's license number,  [department  of

    34  motor  vehicle] non-driver [photo ID] identification card number, social
    35  security number and facsimile number [shall not be released  for  public
    36  inspection];
    37    (d) any voter's telephone number; and
    38    (e)  any  voter's email address.   No such records shall be handled at
    39  any time by any person other than a member of a  registration  board  or
    40  board  of  inspectors  of  elections  or  board  of  elections except as
    41  provided by rules imposed by the board of elections.
    42    § 25. Subdivision 4 of section 3-212 of the election law is amended by
    43  adding two new paragraphs (c) and (d) to read as follows:
    44    (c) Said annual report, as required by paragraph (a) of this  subdivi-
    45  sion, shall also include:

    46    (1) the number of records that have been received, transmitted, trans-
    47  ferred, updated, or corrected pursuant to section 5-200 of this chapter,
    48  by source;
    49    (2)  the  number of records received under section 5-200 of this chap-
    50  ter, by source, that do not relate to persons identified as eligible  to
    51  vote;
    52    (3)  the  number of persons who have contacted the board to opt out of
    53  voter registration;
    54    (4) the number of voters who submit voter  registration  forms  and/or
    55  requests  to  update or correct voter registration information using the
    56  system described in section 5-614 of this chapter; and

        A. 1712--D                         15
 

     1    (5) the number of voters who correct  voter  registration  information
     2  using  the  election-day  procedure  described  in section 8-302 of this
     3  chapter.
     4    (d)  Said annual report, as required by paragraph (a) of this subdivi-
     5  sion, shall exclude  any  information  that  personally  identifies  any
     6  person other than an election official or other government official.
     7    §  26.  Section  17-104  of  the  election  law  is amended to read as
     8  follows:
     9    § 17-104. False registration. 1. Any person who:
    10    [1.] (a) Registers or attempts to register as an elector in more  than
    11  one  election  district  for the same election, or more than once in the
    12  same election district; or,

    13    [2.] (b) Registers or attempts to register as an elector, knowing that
    14  he will not be a qualified voter in the district  at  the  election  for
    15  which such registration is made; or
    16    [3.]  (c)  Registers  or  attempts to register as an elector under any
    17  name but his or her own; or
    18    [4.] (d)  Knowingly  gives  a  false  residence  within  the  election
    19  district when registering as an elector; or
    20    [5.]  (e)  Knowingly permits, aids, assists, abets, procures, commands
    21  or advises another to commit any such act, is guilty of a felony.
    22    2. Notwithstanding any other provision  of  this  chapter,  no  person
    23  shall  be  liable  for an error in the statewide voter registration list

    24  unless such person knowingly and willfully makes a  false  statement  in
    25  order  to  effectuate  or perpetuate voter registration. An error in the
    26  statewide voter registration list shall not constitute a  fraudulent  or
    27  false claim to citizenship.
    28    §  27.  Subdivision 17 of section 3-102 of the election law, as renum-
    29  bered by chapter 23 of the laws of 2005, is  renumbered  subdivision  21
    30  and  four  new  subdivisions  17,  18,  19  and  20 are added to read as
    31  follows:
    32    17. ensure that, upon receipt and verification of a  person's  express
    33  request  to  opt out of voter registration, the person's name and regis-
    34  tration record will not be added to the county or statewide voter regis-
    35  tration lists;

    36    18. ensure that election officials shall not provide the record of any
    37  person who has opted out of voter registration, in whole or in part,  to
    38  any  third  party  for  any purpose other than the compilation of a jury
    39  list;
    40    19. publish and enforce a privacy and security policy specifying  each
    41  class  of  users who shall have authorized access to the statewide voter
    42  registration list, preventing unauthorized access to the statewide voter
    43  registration list and to any list provided by a source  agency  or  list
    44  maintenance  source,  and  setting forth other safeguards to protect the
    45  privacy and security of the information on the statewide voter registra-
    46  tion list;

    47    20. promulgate rules regarding the notification of voters of  transfer
    48  of address by electronic mail; and
    49    §  28. This act shall take effect immediately; provided, however, that
    50  sections two, three, four, six, seven,  eight,  ten,  twelve,  fourteen,
    51  fifteen,  nineteen,  twenty, twenty-one, twenty-two, and twenty-three of
    52  this act shall take  effect  January  1,  2014;  provided  further  that
    53  sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
    54  of this act shall take effect January 1, 2015.   Effective  immediately,
    55  any  rules,  regulations  and  agreements  necessary  to  implement  the

        A. 1712--D                         16
 
     1  provisions of this act on its effective date are authorized and directed
     2  to be completed on or before such date.
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