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AB7793 Summary:

BILL NOA07793
 
SAME ASSAME AS S06011
 
SPONSORPaulin
 
COSPNSRDinowitz, Galef, Barrett, Jaffee, Rosenthal, Zebrowski, Crouch, Lawrence, McDonough, Raia
 
MLTSPNSRAbbate, Englebright, Hevesi
 
Amd 5-508, El L
 
Relates to the confidentiality of registration records for victims of domestic violence; may be obtained by an order from supreme court, county court or family court in the county where a victim of domestic violence is registered.
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AB7793 Actions:

BILL NOA07793
 
05/15/2017referred to election law
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AB7793 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7793
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the election law, in relation to the confidentiality of registration records for victims of domestic violence   PURPOSE: To ensure that voter registration and other records relating to a victim of domestic violence are kept confidential.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 2 of section 5-508 of the election law, to provide that application for a court order requiring registration records to be confidential can be made to county court and family court, in addition to supreme court. This section also amends the subdivision to require that the court issue such an order, rather than permitting the court to do so. Lastly, this section expands the scope of the court order so that in addition to the registration record itself, any other records with respect to an individual would also be kept confidential. Section two provides the effective date.   JUSTIFICATION: The election law currently provides that a domestic violence victim can make an application to the supreme court for an order that his or her voting registration record be kept separate and apart from other records and not made available for inspection by the public. However, domestic violence victims often seek orders of protection and handle their cases in county court or family court. Having to go to supreme court to obtain the confidentiality order places an additional burden on them, and many will simply not obtain the order and stop voting out of fear that their address would be publicly available through their registration records. In addition, the bill clarifies that other records relating to the domestic violence victim are also to be kept confidential, not just the registration records. This will ensure that other documents, such as an absentee ballot request containing an address, are protected. Without a confidentiality order, the voter registration and other records which contain the individual's address would be available to the public. Making it easier to obtain the order, and clarifying that the order covers other records related to an individual, will enable more victims of domestic violence to vote safely.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediate.
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AB7793 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7793
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2017
                                       ___________
 
        Introduced  by M. of A. PAULIN, DINOWITZ, GALEF, BARRETT, JAFFEE, ROSEN-
          THAL, ZEBROWSKI, CROUCH, LAWRENCE, McDONOUGH, RAIA --  Multi-Sponsored
          by  -- M. of A.  ABBATE, ENGLEBRIGHT, HEVESI -- read once and referred
          to the Committee on Election Law
 
        AN ACT to amend the election law, in relation to the confidentiality  of
          registration records for victims of domestic violence
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 5-508  of  the  election  law,  as
     2  added by chapter 73 of the laws of 2010, is amended to read as follows:
     3    2. Upon application made to the supreme court, county court, or family
     4  court, in the county wherein a victim of domestic violence is registered
     5  pursuant to this article, the court [may] shall issue an order requiring
     6  that  any registration record kept or maintained in accordance with this
     7  article and any other records with respect to such an individual be kept
     8  separate and apart from other [registration] such  records  and  not  be
     9  made  available  for  inspection  or  copying by the public or any other
    10  person, except election officials acting within the course and scope  of
    11  their  official duties and only as pertinent and necessary in connection
    12  therewith.
    13    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10735-02-7
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