- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A06283 Summary:
BILL NO | A06283 |
  | |
SAME AS | SAME AS S05114 |
  | |
SPONSOR | Walker (MS) |
  | |
COSPNSR | Cusick, Buchwald, Blake, Carroll, Sepulveda, Gantt, Lentol, Abinanti, Vanel, Perry, Lavine, Cymbrowitz, Barron, Ortiz, Colton, Bichotte, Hunter, Bronson, Crespo, Hevesi, Rivera, Gottfried, De La Rosa, McDonald, Jaffee, Rosenthal L, Galef, Pheffer Amato, Hooper, Hyndman, Pichardo, Dickens, Jean-Pierre, Richardson, Fahy, Jenne, Rozic, Glick, D'Urso, Braunstein, Rodriguez, Benedetto, Peoples-Stokes, Pretlow, O'Donnell, Aubry, Mosley, Ramos, Simon, Lupardo, Brindisi |
  | |
MLTSPNSR | Dinowitz, Lifton |
  | |
Add Art 5 Title 9 §§5-900 - 5-908, El L | |
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Establishes an electronic registration process integrated within designated agency applications; makes related provisions. |
A06283 Actions:
BILL NO | A06283 | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/01/2017 | referred to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
03/08/2017 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
05/02/2017 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2017 | advanced to third reading cal.295 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/15/2017 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/15/2017 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/15/2017 | REFERRED TO ELECTIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | ordered to third reading cal.447 |
A06283 Committee Votes:
Cusick | Aye | Norris | Nay | ||||||
Galef | Aye | McKevitt | Nay | ||||||
Dinowitz | Aye | Lupinacci | Nay | ||||||
Lentol | Aye | Brabenec | Nay | ||||||
Lifton | Aye | ||||||||
Kavanagh | Aye | ||||||||
Abinanti | Aye | ||||||||
Buchwald | Aye | ||||||||
Blake | Aye | ||||||||
Walker | Aye | ||||||||
Carroll | Aye | ||||||||
Vanel | Aye | ||||||||
Farrell | Aye | Oaks | Nay | ||||||
Lentol | Aye | Crouch | Nay | ||||||
Schimminger | Aye | Barclay | Nay | ||||||
Gantt | Excused | Fitzpatrick | Nay | ||||||
Weinstein | Aye | Hawley | Nay | ||||||
Glick | Aye | Malliotakis | Nay | ||||||
Nolan | Aye | Walter | Nay | ||||||
Pretlow | Aye | Montesano | Nay | ||||||
Perry | Aye | Curran | Nay | ||||||
Colton | Aye | Ra | Nay | ||||||
Cook | Aye | ||||||||
Cahill | Aye | ||||||||
Aubry | Aye | ||||||||
Hooper | Aye | ||||||||
Thiele | Aye | ||||||||
Cusick | Aye | ||||||||
Ortiz | Aye | ||||||||
Benedetto | Aye | ||||||||
Moya | Aye | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Aye | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Go to top
A06283 Floor Votes:
Yes
Abbate
No
Crouch
No
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Simanowitz
Yes
Abinanti
No
Curran
Yes
Gottfried
No
Lopez
Yes
Ortiz
Yes
Simon
Yes
Arroyo
Yes
Cusick
No
Graf
Yes
Lupardo
Yes
Otis
Yes
Simotas
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
No
Palmesano
Yes
Skartados
No
Barclay
Yes
Davila
Yes
Harris
No
Magee
No
Palumbo
No
Skoufis
Yes
Barnwell
Yes
De La Rosa
No
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Solages
No
Barrett
Yes
DenDekker
Yes
Hevesi
No
Malliotakis
Yes
Peoples-Stokes
No
Stec
Yes
Barron
Yes
Dickens
Yes
Hikind
Yes
Mayer
Yes
Perry
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
No
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
No
McDonough
Yes
Pichardo
Yes
Thiele
Yes
Blake
No
DiPietro
Yes
Hyndman
No
McKevitt
Yes
Pretlow
Yes
Titone
No
Blankenbush
Yes
D'Urso
Yes
Jaffee
No
McLaughlin
Yes
Quart
Yes
Titus
No
Brabenec
Yes
Englebright
Yes
Jean-Pierre
No
Miller B
No
Ra
Yes
Vanel
Yes
Braunstein
No
Errigo
Yes
Jenne
ER
Miller MG
No
Raia
Yes
Walker
No
Brindisi
Yes
Fahy
No
Johns
ER
Miller ML
Yes
Ramos
No
Wallace
Yes
Bronson
Yes
Farrell
No
Jones
No
Montesano
Yes
Richardson
No
Walsh
Yes
Buchwald
ER
Finch
Yes
Joyner
Yes
Morelle
ER
Rivera
No
Walter
No
Butler
No
Fitzpatrick
Yes
Kavanagh
No
Morinello
Yes
Rodriguez
Yes
Weinstein
No
Byrne
No
Friend
Yes
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weprin
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rozic
Yes
Williams
Yes
Carroll
ER
Gantt
No
Kolb
No
Murray
Yes
Ryan
No
Woerner
No
Castorina
No
Garbarino
No
Lalor
Yes
Niou
No
Santabarbara
Yes
Wright
Yes
Colton
No
Giglio
Yes
Lavine
Yes
Nolan
No
Schimminger
Yes
Zebrowski
Yes
Cook
Yes
Gjonaj
No
Lawrence
No
Norris
Yes
Seawright
Yes
Mr. Speaker
Yes
Crespo
Yes
Glick
Yes
Lentol
No
Oaks
ER
Sepulveda
‡ Indicates voting via videoconference
A06283 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6283 2017-2018 Regular Sessions IN ASSEMBLY March 1, 2017 ___________ Introduced by M. of A. WALKER, KAVANAGH, CUSICK, BUCHWALD, BLAKE -- Multi-Sponsored by -- M. of A. DINOWITZ, LIFTON -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to establishing an elec- tronic registration process integrated within designated agency appli- cations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 5 of the election law is amended by adding a new 2 title 9 to read as follows: 3 TITLE IX 4 ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS 5 Section 5-900. Integrated personal voter registration application 6 required. 7 5-902. Automatic reinstatement after forfeiture. 8 5-904. Failure to provide exemplar signature not to prevent 9 registration. 10 5-906. Presumption of innocent authorized error. 11 5-908. Forms. 12 § 5-900. Integrated personal voter registration application required. 13 1. In addition to any other method of voter registration provided for by 14 this chapter, state and local agencies designated in subdivision ten of 15 this section shall provide to the state board of elections voter regis- 16 tration qualification information associated with each person who 17 submits an application for services at such agency, or who notifies the 18 agency of a change of address or name. Such designated agencies shall 19 ensure agency applications substantially include all of the elements 20 required by section 5-210 of this article, including the appropriate 21 attestation, so that persons completing such applications shall be able 22 to also submit an application to register to vote through the electronic 23 voter registration transmittal system. For purposes of this section, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09907-01-7A. 6283 2 1 "agency" shall mean any state or local agency, department, division, 2 office, institution or other entity designated by the state board of 3 elections pursuant to subdivision ten of this section. 4 2. For each application submitted to the agency, whether electron- 5 ically or on paper, the agency shall transmit to the state board of 6 elections through an interface with the electronic voter registration 7 transmittal system established and maintained by the state board of 8 elections that portion of the application that includes voter registra- 9 tion information. The state board of elections shall electronically 10 forward such application to the applicable board of elections of each 11 county or the city of New York for filing, processing and verification 12 consistent with this chapter. 13 3. An integrated voter registration form submitted to an agency in 14 paper format shall be transmitted to the state board of elections 15 through an electronic voter registration transmittal system by convert- 16 ing the paper form to an image file or a portable document format file 17 which shall thereafter be deemed the original form for voter registra- 18 tion and enrollment purposes. The agency shall retain the complete 19 original paper application for no less than two years. The transmittal 20 of the converted paper application may include or be accompanied by data 21 elements and transmittal information as required by the rules and regu- 22 lations of the state board of elections. 23 4. An integrated voter registration application submitted to an agency 24 in an electronic format shall be transmitted to the state board of 25 elections through the electronic voter registration transmittal system 26 and shall include all of the voter registration data elements, including 27 electronic signature, as applicable, and record of attestation of the 28 accuracy of the voter registration information and any relevant document 29 images. 30 5. Information from the voter relevant to both voter registration and 31 the agency application shall be entered by the voter only once upon an 32 application. 33 6. The agency shall redact or remove from the completed integrated 34 application to be transmitted to the state board of elections any infor- 35 mation solely applicable to the agency application. 36 6-a. Information concerning the citizenship status of individuals, 37 when collected and transmitted pursuant to subdivision one of this 38 section, shall not be retained, used or shared for any other purpose 39 except as may be required by law. 40 7. A voter shall be able to decline to register to vote using an inte- 41 grated application by selecting a single check box, or equivalent, which 42 shall read "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION PURPOSES. 43 DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS". 44 8. The voter shall be able to sign the voter registration application 45 and the agency application by means of a single manual or electronic 46 signature unless the agency requires more than one signature for other 47 agency purposes. 48 9. No application for voter registration shall be submitted if the 49 applicant declines registration or fails to sign the integrated applica- 50 tion, whether on paper or online. 51 10. Designated agencies for purposes of this section shall include all 52 agencies designated as voter registration agencies in sections 5-211 and 53 5-212 of this article, as well as any other agency designated by the 54 state board of elections. Any such designated agency shall take all 55 actions that are necessary and proper for the implementation of this 56 section, including facilitating technological capabilities to allowA. 6283 3 1 transmission of data through an interface with the electronic voter 2 registration transmittal system in a secure manner. 3 11. Upon the discharge from a state correctional facility of any 4 person whose maximum sentence of imprisonment has expired or upon a 5 person's discharge from community supervision as defined in subdivision 6 three of section two hundred fifty-nine of the executive law, the 7 department of corrections and community supervision shall provide such 8 person a voter registration form, pursuant to section seventy-five of 9 the correction law and such form, if possible, shall be integrated with 10 the release documents normally presented and signed upon release. The 11 department of corrections and community supervision shall submit rele- 12 vant information for such person through the voter registration trans- 13 mittal system and notify the board of elections of the person's 14 discharge. 15 12. The state board of elections shall promulgate rules and regu- 16 lations for the creation and administration of an integrated electronic 17 voter registration process as provided for by this section. 18 § 5-902. Automatic reinstatement after forfeiture. Any person whose 19 voter registration is canceled pursuant to section 5-106 of this article 20 shall be automatically reinstated as a voter upon becoming eligible, 21 unless such voter shall affirmatively decline such reinstatement. The 22 department of corrections and community supervision shall notify the 23 board of elections through the voter registration transmittal system of 24 the date when the forfeiture of voting rights shall end and provide an 25 updated address for such person, if known. If no new address for such 26 voter is available at that time, such voter shall be reinstated at the 27 address of the previously canceled registration; provided, however, if 28 the mailed notification of such registration shall be returned undeliv- 29 erable to the board of elections, such returned mail shall be processed 30 in accordance with this article. 31 § 5-904. Failure to provide exemplar signature not to prevent regis- 32 tration. If a voter registration exemplar signature is not provided by 33 an applicant who submits a voter registration application pursuant to 34 this title and such signature exemplar is not otherwise available from 35 the statewide voter registration database or a state or local agency, 36 the local board of elections shall, absent another reason to reject the 37 application, proceed to register and, as applicable, enroll the appli- 38 cant. Within ten days of such action, the board of elections shall send 39 a standard form promulgated by the state board of elections to the voter 40 whose record lacks an exemplar signature, requiring such voter to submit 41 a signature for identification purposes. The voter shall submit to the 42 board of elections a voter registration exemplar signature by any one of 43 the following methods: in person, by mail with return postage paid 44 provided by the board of elections, by electronic mail, or by electronic 45 upload to the board of elections through the electronic voter registra- 46 tion transmittal system. If such voter does not provide the required 47 exemplar signature, when the voter appears to vote the voter shall be 48 entitled to vote in the same manner as a voter with a notation indicat- 49 ing the voter's identity has not yet been verified in the manner 50 provided by section 8-302 of this chapter. 51 § 5-906. Presumption of innocent authorized error. 1. If a person who 52 is ineligible to vote becomes registered to vote pursuant to section 53 5-902 of this title, that person's registration shall be presumed to 54 have been effected with official authorization and not the fault of that 55 person. Such presumption may be rebutted with evidence of knowing and 56 willful intent to falsely register to vote.A. 6283 4 1 2. If a person who is ineligible becomes registered to vote pursuant 2 to section 5-902 of this title either votes or attempts to vote in an 3 election held after the effective date of the person's registration, 4 that person shall be presumed to have acted with official authorization 5 and shall not be guilty of illegal voting or illegally attempting to 6 vote. Such presumption may be rebutted with evidence of knowing and 7 willful intent to vote or attempt to vote with knowledge that such 8 person is not qualified or entitled to vote. 9 § 5-908. Forms. The state board of elections shall promulgate rules 10 and regulations to implement this title. All agency forms and notices 11 required by this title shall be approved by the state board of 12 elections. All applications and notices for use by a board of elections 13 pursuant to this title shall be promulgated by the state board of 14 elections, and no addition or alternation to such forms by a board of 15 elections shall be made without approval of the state board of 16 elections. 17 § 2. This act shall take effect on the earlier occurrence of: (i) two 18 years after it shall have become a law; provided, however, the state 19 board of elections shall be authorized to implement necessary rules and 20 regulations and to take steps required to implement this act immediate- 21 ly; or (ii) five days after the date of certification by the state board 22 of elections that the information technology infrastructure to substan- 23 tially implement this act is functional. Provided, further that the 24 state board of elections shall notify the legislative bill drafting 25 commission upon the occurrence of the enactment of the legislation 26 provided for in this act in order that the commission may maintain an 27 accurate and timely effective data base of the official text of the laws 28 of the state of New York in furtherance of effectuating the provisions 29 of section 44 of the legislative law and section 70-b of the public 30 officers law.