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S01974 Summary:

BILL NOS01974D
 
SAME ASSAME AS A01712-D
 
SPONSORGIANARIS
 
COSPNSRADAMS, ADDABBO, AVELLA, DILAN, HASSELL-THOMPSON, KENNEDY, MONTGOMERY, OPPENHEIMER, PERALTA, PERKINS, SERRANO, STEWART-COUSINS
 
MLTSPNSR
 
Amd El L, generally
 
Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
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S01974 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1974--D
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2011
                                       ___________
 
        Introduced   by   Sens.   GIANARIS,   ADAMS,   ADDABBO,  AVELLA,  DILAN,
          HASSELL-THOMPSON, KENNEDY, MONTGOMERY, OPPENHEIMER, PERALTA,  PERKINS,
          SERRANO,  STEWART-COUSINS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections  --  recommitted
          to the Committee on Elections in accordance with Senate Rule 6, sec. 8

          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted  to  said  committee  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, 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
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04808-11-2

        S. 1974--D                          2
 
     1  community if he or she regards the college or university as the communi-
     2  ty of primary concern.
     3    § 3. The election law is amended by adding a new section 5-200 to read
     4  as follows:
     5    §  5-200.  Automated  voter registration. 1. Notwithstanding any other
     6  manner of registration required by this  article,  each  person  in  the
     7  state qualified to vote pursuant to section 5-102 of this article, shall
     8  be  automatically  registered  to  vote  as  provided  in  this section,

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

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

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

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

    56  modernize voter registration.

        S. 1974--D                          3
 
     1    4.  The  state  board of elections and the source agencies shall enter
     2  into agreements to ensure that for each person described in  subdivision
     3  two  of this section, each source agency electronically transmits to the
     4  state or local boards of elections the following information in a format
     5  that can be read by the computerized statewide voter registration list:
     6    (a) given name or names and surname or surnames;
     7    (b) mailing address and residential address;
     8    (c) date of birth;
     9    (d) citizenship;
    10    (e)  driver's  license  or non-driver identification card number, last

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

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

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

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

    52  tating  voter  registration,  the  frequency  of data transmissions, the
    53  procedures, and other measures that will be used to ensure the  security
    54  and  privacy of the information transmitted, and any other matter neces-
    55  sary or helpful to implement the requirements of this section.

        S. 1974--D                          4
 
     1    8. Each  source  agency  shall  cooperate  with  the  state  board  of
     2  elections  and  county board of elections to facilitate the voter regis-
     3  tration of each person described in subdivision two of this section, and
     4  to electronically transmit the information needed to register each  such
     5  person  to  vote  or  to  update  each  such person's voter registration
     6  record.

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

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

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

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

    53    1.  The  board  of elections, between August first and August fifth of
    54  each year, shall send by first class mail on which is endorsed  "ADDRESS
    55  CORRECTION  REQUESTED"  and  which contains a request that any such mail
    56  received for persons not residing at the address be dropped back in  the

        S. 1974--D                          5
 
     1  mail,  a  communication,  in  a  form  approved  by  the  state board of
     2  elections, to every registered voter who has been registered  without  a
     3  change  of  address  since  the  beginning of such year, except that the
     4  board  of elections shall not be required to send such communications to
     5  voters in inactive status. The communication shall notify the  voter  of
     6  the  days  and  hours  of the ensuing primary and general elections, the
     7  place where he appears by his registration records  to  be  entitled  to

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

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

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

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


        S. 1974--D                          6
 
     1    3.  Completed  application forms, when received by any county board of
     2  elections and, with respect to  application  forms  promulgated  by  the
     3  federal  election  commission,  when  received  by  the  state  board of
     4  elections, or showing a dated cancellation mark  of  the  United  States
     5  Postal  Service or contained in an envelope showing such a dated cancel-
     6  lation mark which is not later than the [twenty-fifth] tenth day  before
     7  the  next  ensuing primary, general or special election, and received no
     8  later than the [twentieth] fifth day before such election, or  delivered
     9  in person to such county board of elections not later than the tenth day
    10  before  a  special election, shall entitle the applicant to vote in such
    11  election, if he or she is otherwise qualified, provided,  however,  such

    12  applicant  shall  not vote on a voting machine until his or her identity
    13  is verified. Any county board of elections receiving an application form
    14  from a person who does not reside  in  its  jurisdiction  but  who  does
    15  reside  elsewhere in the state of New York, shall forthwith forward such
    16  application form to the proper county board of elections. Each board  of
    17  elections  shall  make  an  entry  on  each  such form of the date it is
    18  received by such board.
    19    § 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of  the
    20  election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
    21  graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
    22  2008, are amended and a new paragraph (n) is added to read as follows:
    23    (g)  Notice that the applicant must be a citizen of the United States,

    24  is [or will be at least eighteen years old not later than December thir-
    25  ty-first of the calendar year in which he or  she  registers]  at  least
    26  sixteen  years  old when he or she submits an application to register to
    27  vote and a resident of the county or city to which application is made.
    28    (k) The form shall also include space for the  following  information,
    29  which must be contained on the inside of the form after it is folded for
    30  mailing:
    31    (i) A space for the applicant to indicate whether or not he or she has
    32  ever voted or registered to vote before and, if so, the approximate year
    33  in which such applicant last voted or registered and his or her name and
    34  address at the time.
    35    (ii) The name and residence address of the applicant including the zip
    36  code and apartment number, if any.

    37    (iii) The date of birth of the applicant.
    38    (iv) A space for the applicant to indicate his or her driver's license
    39  or  department  of motor vehicles non-driver photo ID number or the last
    40  four digits of his or her social security number or,  if  the  applicant
    41  does  not have either such number, a space for the applicant to indicate
    42  he or she does not have either.
    43    (v) A space for the applicant to indicate whether or not he or she  is
    44  a citizen of the United States and the statement "If you checked "no" in
    45  response to this question, do not complete this form."
    46    (vi) [A space for the applicant to answer the question "Will you be 18
    47  years  of  age  on  or  before  election day?" and the statement "If you
    48  checked "no" in response to this question, do  not  complete  this  form
    49  unless you will be 18 by the end of the year."

    50    (vii)] A statement informing the applicant that if the form is submit-
    51  ted by mail and the applicant is registering for the first time, certain
    52  information or documents must be submitted with the mail-in registration
    53  form  in  order  to  avoid  additional  identification requirements upon
    54  voting for the first time. Such information and documents are:
    55    (A) a driver's license or  department  of  motor  vehicles  non-driver
    56  photo ID number; or

        S. 1974--D                          7
 
     1    (B)  the  last four digits of the individual's social security number;
     2  or
     3    (C) a copy of a current and valid photo identification; or
     4    (D)  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    [(viii)] (vii) The gender of the applicant (optional).
     8    [(ix)]  (viii) A space for the applicant to indicate his or her choice
     9  of party enrollment, with a clear alternative provided for the applicant
    10  to decline to affiliate with any party.
    11    [(x)] (ix) The telephone number of the applicant (optional).
    12    [(xi)] (x) A place for the applicant to execute the  form  on  a  line
    13  which  is  clearly  labeled  "signature  of  applicant"  preceded by the
    14  following specific form of affirmation:
    15    AFFIDAVIT: I swear or affirm that:
    16       * I am a citizen of the United States.
    17       * I will have lived in the county, city, or village for at least 30
    18         days before the election.
    19       * I meet all the requirements to  register  to  vote  in  New  York
    20         State.

    21       * This is my signature or mark on the line below.
    22       * All  the  information  contained  on  this application is true. I
    23         understand that if it is not true I can be convicted and fined up
    24         to $5,000 and/or jailed for up to four years.
    25  which form of affirmation shall be followed by a space for the date  and
    26  the aforementioned line for the applicant's signature.
    27    [(xii)]  (xi)  A  space  for the applicant to register in the New York
    28  state donate life registry for organ and  tissue  donations  established
    29  pursuant to section forty-three hundred ten of the public health law.
    30    (xii) The email address of the applicant (optional).
    31    (n) Agreements adopted pursuant to section 5-200 of this title between
    32  source  agencies  and  the  state  or county boards of elections are not

    33  required to include the collection or transmission  of  the  information
    34  requested  in  paragraph (j) or subparagraph (i), (vii), (ix) or (xi) of
    35  paragraph (k) of this subdivision, and no board of election shall refuse
    36  to register to vote or update the registration record of any  person  in
    37  the state whose information is  transmitted pursuant to section 5-200 of
    38  this  title  for  the  reason that such information does not include the
    39  information requested by  paragraph  (j)  or  subparagraph  (i),  (vii),
    40  (viii), (ix) or (xi) of paragraph (k) of this subdivision.
    41    §  11. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
    42  as amended by chapter 179 of the laws of 2005, are amended  to  read  as
    43  follows:

    44    9. The county board of elections shall, promptly and in any event, not
    45  later than twenty-one days after receipt by it of the application, veri-
    46  fy  the  identity  of  the  applicant, except if such board receives the
    47  application within twenty-one days of  a  special,  primary  or  general
    48  election,  the  board  shall verify the identity of the applicant within
    49  five days or before such election, whichever shall be sooner.  In  order
    50  to  do  so,  the county board of elections shall utilize the information
    51  provided in the application and shall attempt to verify such information
    52  with the information provided  by  the  department  of  motor  vehicles,
    53  social  security  administration and any other lawful available informa-
    54  tion source. If the county board of elections is unable  to  verify  the

    55  identity  of  the applicant within twenty-one days of the receipt of the
    56  application, it shall immediately take steps to confirm that the  infor-

        S. 1974--D                          8
 
     1  mation  provided by the applicant was accurately utilized by such county
     2  board of elections,  was  accurately  verified  with  other  information
     3  sources  and  that  no data entry error, or other similar type of error,
     4  occurred.  Following completion of the preceding steps, the county board
     5  of elections shall mail (a) a notice of its approval, (b)  a  notice  of
     6  its  approval  which  includes an indication that such board has not yet
     7  been able to verify the identity of the applicant and a request for more
     8  information so that such verification may be completed, or (c) a  notice
     9  of  its rejection of the application to the applicant in a form approved

    10  by the state  board  of  elections.  Notices  of  approval,  notices  of
    11  approval  with  requests  for  more  information or notices of rejection
    12  shall be sent by nonforwardable first class or return postage guaranteed
    13  mail on which is  endorsed  "ADDRESS  CORRECTION  REQUESTED"  and  which
    14  contains  a request that any such mail received for persons not residing
    15  at the address be dropped back in the mail. The voter's registration and
    16  enrollment shall be complete upon receipt  of  the  application  by  the
    17  appropriate  county board of elections. The failure of a county board of
    18  elections to verify an applicant's identity shall not be the  basis  for
    19  the  rejection  of  a  voter's application, provided, however, that such
    20  verification failure shall be the basis for requiring  county  board  of
    21  elections  to  take  the  additional verification steps provided by this

    22  chapter. The notice shall also advise the registrant of  the  date  when
    23  his  registration and enrollment is effective, of the date and the hours
    24  of the next regularly scheduled primary or general election in which  he
    25  will  be  eligible  to vote, of the location of the polling place of the
    26  election district in which he is or will be a qualified  voter,  whether
    27  such  polling  place  is accessible to physically handicapped voters, an
    28  indication that physically handicapped voters or voters who are  ill  or
    29  voters  who  will be out of the city or county on the day of the primary
    30  or general election, may obtain an absentee ballot and the phone  number
    31  to  call for absentee ballot applications, the phone numbers to call for
    32  location of polling places, to obtain registration forms and  the  phone
    33  number  to  call  to  indicate  that  the  voter  is willing to serve on

    34  election day as an inspector, poll clerk or interpreter. The  notice  of
    35  approval, notice of approval with request for more information or notice
    36  of  rejection  shall  also  advise  the applicant to notify the board of
    37  elections if there is any inaccuracy. The form of such mail notification
    38  shall be prescribed by the state board of elections  and  shall  contain
    39  such  other information and instructions as it may reasonably require to
    40  carry out the purposes of this section. The request for more information
    41  shall inform the voter  that  "THE  FAILURE  TO  CONTACT  THE  BOARD  OF
    42  ELECTIONS  AND  CORRECT  ANY  INACCURACIES IN THE APPLICATION OR PROVIDE
    43  REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
    44  TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such
    45  notice  is  returned  undelivered without a new address, the board shall

    46  forthwith send such applicant a  confirmation  notice  pursuant  to  the
    47  provisions  of section 5-712 of this article and place such applicant in
    48  inactive status. The state board  of  elections  shall  prepare  uniform
    49  notices  by this section as provided for in subdivision eight of section
    50  3-102 of this chapter.
    51    11. If the county board of elections suspects or believes that for any
    52  reason the applicant is not entitled to registration and enrollment,  it
    53  shall make inquiry in reference thereto. If the board of elections shall
    54  find  that  the  applicant  is not qualified to register and enroll, the
    55  application shall  be  rejected  and  the  applicant  notified  of  such
    56  rejection and the reason therefor, no later than ten days before the day

        S. 1974--D                          9
 

     1  of  the  first  primary  or general election occurring at least [twenty-
     2  five] ten days after the filing of the application, except that  if  the
     3  application  was  submitted  between twenty-five and ten days before the
     4  day  of  the  first primary or general election, such board shall notify
     5  the applicant at least five days before such election.
     6    14. Notwithstanding the entry by the county board of elections on  the
     7  registration  poll record of the information contained on an application
     8  form prescribed by this section, such entry shall not preclude the coun-
     9  ty board of elections from subsequently rejecting the application if  it
    10  is  not  satisfied that the applicant is entitled to register and enroll
    11  as provided by this section, provided that the applicant is notified  of

    12  such  rejection  and  reasons therefor no later than ten days before the
    13  day of the first primary or general election occurring at  least  [twen-
    14  ty-five] ten days after the filing of such application form, except that
    15  if the application was submitted between twenty-five and ten days before
    16  the day of the first primary or general election, such board shall noti-
    17  fy the applicant at least five days before such election.
    18    §  12.  Subdivisions  11  and 12 of section 5-211 of the election law,
    19  subdivision 11 as amended by chapter 200 of the laws of 1996 and  subdi-
    20  vision  12  as  added by chapter 659 of the laws of 1994, are amended to
    21  read as follows:
    22    11. The participating agency shall transmit  [the  completed  applica-

    23  tions  for  registration  and  change  of address forms] all information
    24  collected pursuant to section 5-200 of this  title  to  the  appropriate
    25  board of elections not later than ten days after receipt except that all
    26  such completed applications and forms received by the agency between the
    27  thirtieth  and  twenty-fifth day before an election shall be transmitted
    28  in such manner and at such time as to assure their receipt by such board
    29  of elections not later than the twentieth day before such election.
    30    12. [Completed  application  forms,  when  received]  All  information
    31  collected  pursuant  to  section  5-200 of this title by a participating
    32  agency not later than the  twenty-fifth  day  before  the  next  ensuing
    33  primary,  general  or special election and transmitted by such agency to

    34  the appropriate board of elections so that they  are  received  by  such
    35  board  not later than the twentieth day before such election shall enti-
    36  tle the applicant to vote in such election provided the board determines
    37  that the applicant is otherwise qualified.
    38    § 13. Subdivisions 11 and 12 of section 5-211 of the election law,  as
    39  amended by section twelve of this act, are amended to read as follows:
    40    11.  The participating agency shall transmit all information collected
    41  pursuant to section 5-200 of this title  to  the  appropriate  board  of
    42  elections  not  later  than  ten days after receipt except that all such
    43  completed applications and forms received  by  the  agency  between  the
    44  [thirtieth]  fifteenth  and  [twenty-fifth] tenth day before an election

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

        S. 1974--D                         10
 

     1    § 14. Subdivision 14 of section 5-211 of the election law, as  amended
     2  by  chapter 200 of the laws of 1996, is amended and two new subdivisions
     3  18 and 19 are added to read as follows:
     4    14.  Applications  shall be processed by the board of elections in the
     5  manner prescribed by [section] sections 5-200 and 5-210  of  this  title
     6  or,  if the applicant is already registered to vote from another address
     7  in the county or city, in the manner prescribed by section 5-208 of this
     8  title.   The board shall send the  appropriate  notice  of  approval  or
     9  rejection  as  required by either subdivision nine of such section 5-210
    10  or subdivision five of such section 5-208.
    11    18. All colleges, universities and public school districts located  in
    12  this state shall make voter registration forms available to any students

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

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

    34  tion forms shall capture any designated agency codes thereon and  report
    35  them on a monthly basis to the state board of elections which shall make
    36  such detailed information available to the public.
    37    §  15.  Subdivisions  6  and  7  of section 5-212 of the election law,
    38  subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
    39  sion 7 as added by chapter 659 of the laws of 1994, are amended to  read
    40  as follows:
    41    6.  The  department  of motor vehicles shall transmit [that portion of
    42  the form which constitutes the completed application for registration or
    43  change of address form] all information collected  pursuant  to  section
    44  5-200 of this title to the appropriate board of elections not later than

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

    56  the appropriate board of elections so that they are received  not  later

        S. 1974--D                         11
 
     1  than  the twentieth day before such election shall entitle the applicant
     2  to vote in such election provided the board determines that  the  appli-
     3  cant is otherwise qualified.
     4    §  16.  Subdivisions  6 and 7 of section 5-212 of the election law, as
     5  amended by section fifteen of this act, are amended to read as follows:
     6    6. The department of motor vehicles  shall  transmit  all  information
     7  collected  pursuant  to  section  5-200 of this title to the appropriate
     8  board of elections not later than ten days after receipt except that all
     9  such completed applications and forms received by the department between
    10  the  [thirtieth]  fifteenth  and  [twenty-fifth]  tenth  day  before  an

    11  election  shall  be  transmitted  in  such manner and at such time as to
    12  assure their receipt by such board  of  elections  not  later  than  the
    13  [twentieth]  fifth  day  before  such election.   All transmittals shall
    14  include original signatures or an electronic image thereof  as  required
    15  by subdivision four of section 5-200 of this title.
    16    7.  All  information collected pursuant to section 5-200 of this title
    17  by the department of motor vehicles not later  than  the  [twenty-fifth]
    18  tenth  day  before the next ensuing primary, general or special election
    19  and transmitted by such department to the appropriate board of elections
    20  so that they are received not  later  than  the  [twentieth]  fifth  day
    21  before  such  election  shall  entitle  the  applicant  to  vote in such

    22  election provided the board determines that the applicant  is  otherwise
    23  qualified.
    24    §  17.  Subdivision 3 of section 5-213 of the election law, as amended
    25  by chapter 200 of the laws of 1996, is amended to read as follows:
    26    3. The board of elections shall restore the registration of  any  such
    27  voter  to  active  status  if such voter notifies the board of elections
    28  that he resides at the address from which he is registered, or the board
    29  finds that such voter has validly signed  a  designating  or  nominating
    30  petition  which states that he resides at such address, or if such voter
    31  casts a ballot in an affidavit envelope which states that he resides  at
    32  such  address, or if the board receives notice that such voter has voted
    33  in an election conducted with registration lists  prepared  pursuant  to
    34  the  provisions of section 5-612 of this article.  If any such notifica-

    35  tion or information is received [twenty]  ten  days  or  more  before  a
    36  primary,  special or general election, the voter's name must be restored
    37  to active status for such election.
    38    § 18. Subdivision 3 of section 5-304 of the election law,  as  amended
    39  by chapter 90 of the laws of 1991, is amended to read as follows:
    40    3.  A change of enrollment received by the board of elections, showing
    41  a dated cancellation  mark  of  the  United  States  Postal  Service  or
    42  contained  in an envelope showing such cancellation mark which is dated,
    43  not later than the twenty-fifth day before the [general  election  shall
    44  be deposited in a sealed enrollment box, which shall not be opened until
    45  the  first  Tuesday  following  such  general  election.  Such change of

    46  enrollment shall be then removed and entered as provided in  this  arti-
    47  cle]  next ensuing primary, general or special election, and received no
    48  later than the fifth day before such election or delivered in person  to
    49  such  county  board  of  elections not later than the tenth day before a
    50  primary, general or  special  election,  shall  be  effective  for  such
    51  election.  Enrollment changes shall be entered as provided in this arti-
    52  cle and shall be deemed to take effect  on  the  tenth  day  after  such
    53  change  of  enrollment  is  received by the board of elections or if the
    54  change of enrollment, or the  envelope  containing  it,  bears  a  dated
    55  cancellation mark of the United States Postal Service, such change shall

    56  be entered and shall be deemed to take effect on the tenth day after the

        S. 1974--D                         12
 
     1  date of such mark, whichever is earlier; except that no change will take
     2  effect  sooner  than  the  fifth day after the receipt of such change of
     3  enrollment by the board of elections.
     4    §  19.  The  opening  paragraph  of  paragraph (e) of subdivision 3 of
     5  section 8-302 of the election law, as amended by chapter 125 of the laws
     6  of 2011, is amended to read as follows:
     7    Whenever a voter presents himself or herself  and  offers  to  cast  a
     8  ballot,  and  he or she claims to live in the election district in which
     9  he or she seeks to vote but no registration poll record can be found for
    10  him or her in the poll ledger or his or her name does not appear on  the

    11  computer  generated  registration  list or his or her signature does not
    12  appear next to his or her name on such computer  generated  registration
    13  list  or  his  or her registration poll record or the computer generated
    14  registration list does not show him or her to be enrolled in  the  party
    15  in  which he or she claims to be enrolled and the voter is not otherwise
    16  eligible to cast an affidavit ballot pursuant to subdivision three-d  of
    17  this  section,  a  poll clerk or election inspector shall consult a map,
    18  street finder or other description of all  of  the  polling  places  and
    19  election  districts  within  the  political  subdivision  in  which said
    20  election district is located and if  necessary,  contact  the  board  of
    21  elections to obtain the relevant information and advise the voter of the

    22  correct  polling  place  and election district for the residence address
    23  provided by the voter to such poll clerk or election  inspector.  There-
    24  after,  such  voter shall be permitted to vote in said election district
    25  only as hereinafter provided:
    26    § 20. Section 8-302 of the election law is amended  by  adding  a  new
    27  subdivision 3-d to read as follows:
    28    3-d.  A person appearing on election day whose name cannot be found or
    29  whose information is incomplete or  incorrect  on  the  statewide  voter
    30  registration  list and who affirms that that he or she interacted with a
    31  source agency listed in subdivision three of section 5-200 of this chap-
    32  ter and consented to voter registration shall be permitted  to  cast  an
    33  affidavit ballot. Such affidavit ballot shall be counted if at the poll-

    34  ing  place, the person presents proof of identity and evidence of regis-
    35  tering to vote or performing any of the activities specified in subdivi-
    36  sion two of section 5-200 of this chapter, and there is  no  affirmative
    37  proof  that  the  person  is  ineligible to register to vote or that the
    38  person did not register or perform any of the  activities  specified  in
    39  subdivision two of section 5-200 of this chapter.
    40    (a)  A  person may swear to and subscribe to an affidavit stating that
    41  the person has registered to vote or performed any of the activities  in
    42  subdivision  two  of  section 5-200 of this chapter and consented to use
    43  agency information for  voter  registration.  That  affidavit  shall  be

    44  sufficient  evidence  of  registering  to  vote or performing any of the
    45  activities specified in subdivision two of section 5-200 of this chapter
    46  for the purposes of this section.
    47    (b) A person without identification may swear to and subscribe  to  an
    48  affidavit  stating  that the person did not present documentary proof of
    49  identity, but that all of the identifying information on  the  affidavit
    50  ballot envelope is complete and accurate. That affidavit shall be suffi-
    51  cient evidence of identity for the purposes of this section.  Nothing in
    52  this  subdivision shall be deemed to override the provisions of subdivi-
    53  sion two-a of this section governing the requirements for a person whose

    54  name appears in the computer generated registration list with a notation
    55  indicating that the voter's identity was not yet verified as required by
    56  the federal Help America Vote Act.

        S. 1974--D                         13
 
     1    § 21. Subdivision 11 of section 5-614 of the election law, as added by
     2  chapter 24 of the laws of 2005, is amended to read as follows:
     3    11.  The  state  board  of elections shall establish a statewide voter
     4  [hotline using information available through the statewide voter  regis-
     5  tration  list  for  voters  to  obtain information regarding their voter
     6  registration] registration information system available through a secure
     7  public website accessible  from  the  website  of  the  state  board  of

     8  elections  and  through  a  toll-free telephone number maintained by the
     9  state board of elections. The information system shall:
    10    a. allow any voter:
    11    (i) to review the voter registration information  represented  on  the
    12  statewide voter registration list for that voter;
    13    (ii) to submit a confidential request to correct or update the voter's
    14  voter  registration  information,  which shall be sent to the applicable
    15  county board of elections; and
    16    (iii) to determine the location of the  polling  place  to  which  the
    17  voter is assigned;
    18    b. provide an interface that allows any person:
    19    (i) to determine the location of the polling place associated with any
    20  residential address within the state; and

    21    (ii)  to  determine  whether he or she is represented on the statewide
    22  voter registration list; and
    23    c. provide a secure website interface that allows any eligible citizen
    24  who is not represented on the statewide voter registration list to  view
    25  the notices contained on an application form under section 5-210 of this
    26  article  and  to  confidentially submit, through the interface, the data
    27  collected on such application form to the state board of elections. Upon
    28  receipt of such data, the state board of  elections  shall  forward  the
    29  information  to the local board of elections of the county or city where
    30  the citizen resides. Such data shall be processed as an application form

    31  submitted by mail pursuant to section 5-210 of this article, subject  to
    32  the  requirements of section 303(b) of the Help America Vote Act of 2002
    33  (42 U.S.C. § 15483(b)), except that the absence of a  written  signature
    34  shall  not  render  the application incomplete or otherwise preclude the
    35  registration of an eligible citizen.
    36    For any eligible citizen attempting  to  use  the  system  established
    37  under  this subdivision to submit information that will not be processed
    38  as valid for the proximate election, the system must notify the  citizen
    39  at  the  time of the submission that the update will not take effect for
    40  the proximate election. If the citizen is attempting to use  the  system

    41  established  under this subdivision to correct or update voter registra-
    42  tion information under this section, the system  must  also  notify  the
    43  citizen  that  he  or she may use the election-day procedure provided in
    44  subdivision three-d of section 8-302 of this chapter.
    45    The board of elections shall develop procedures to enable an  eligible
    46  citizen  who  submits  an  application  pursuant to this subdivision and
    47  whose application lacks an electronic signature to provide  a  signature
    48  at  the  polling  place  or  with  an application for an absentee ballot
    49  before voting. The board of elections may require an elector who has not
    50  provided a signature before arriving at the polling place or  submitting

    51  an  absentee  ballot to present a current and valid photo identification
    52  or a copy of a current utility bill, bank statement,  government  check,
    53  paycheck,  or  other government document that shows the name and address
    54  of the voter.
    55    § 22. Subdivision 3 of section 8-510 of the election law,  as  amended
    56  by chapter 43 of the laws of 1988, is amended to read as follows:

        S. 1974--D                         14
 
     1    3.  The  inspectors  shall place such completed report, and each court
     2  order, if any, directing that a person be permitted to  vote,  and  each
     3  affidavit  completed pursuant to subdivision three-d of section 8-302 of
     4  this article, inside a ledger of registration records or computer gener-

     5  ated registration lists between the front cover, and the first registra-
     6  tion  record  and  then shall close and seal each ledger of registration
     7  records or computer generated registration lists, affix their  signature
     8  to  the  seal,  lock such ledger in the carrying case furnished for that
     9  purpose and enclose the keys in a sealed package or seal  such  list  in
    10  the envelope provided for that purpose.
    11    §  23.  The  election law is amended by adding a new section 17-138 to
    12  read as follows:
    13    § 17-138. Discrimination and harassment. No person acting under  color
    14  of  any  provision  of  law may harass or discriminate against or assist
    15  others in harassing or discriminating against any person on the basis of
    16  the information supplied by the person for voter registration  purposes,

    17  a  person's declination to register to vote or to supply information for
    18  voter registration purposes, or a person's absence  from  the  statewide
    19  voter  registration  list  except as required to administer elections or
    20  enforce election laws.
    21    § 24. Subdivision 1 of section 3-220 of the election law,  as  amended
    22  by chapter 104 of the laws of 2010, is amended to read as follows:
    23    1.  All  registration  records,  certificates,  lists, and inventories
    24  referred to in, or required by, this chapter shall be public records and
    25  open to public inspection under the immediate supervision of  the  board
    26  of elections or its employees and subject to such reasonable regulations
    27  as  such  board  may impose, provided, however, that no data transmitted

    28  pursuant to section 5-200 of this chapter shall be considered  a  public
    29  record  open  to  public inspection solely by reason of its transmission
    30  and that the following information shall  not  be  released  for  public
    31  inspection:
    32    (a) any voter's signature;
    33    (b)  the  personal  residence and contact information of any voter for
    34  whom any provision of law requires confidentiality;
    35    (c) any portion of a voter's driver's license number,  [department  of
    36  motor  vehicle] non-driver [photo ID] identification card number, social
    37  security number and facsimile number [shall not be released  for  public
    38  inspection];
    39    (d) any voter's telephone number; and

    40    (e)  any  voter's email address.   No such records shall be handled at
    41  any time by any person other than a member of a  registration  board  or
    42  board  of  inspectors  of  elections  or  board  of  elections except as
    43  provided by rules imposed by the board of elections.
    44    § 25. Subdivision 4 of section 3-212 of the election law is amended by
    45  adding two new paragraphs (c) and (d) to read as follows:
    46    (c) Said annual report, as required by paragraph (a) of this  subdivi-
    47  sion, shall also include:
    48    (1) the number of records that have been received, transmitted, trans-
    49  ferred, updated, or corrected pursuant to section 5-200 of this chapter,
    50  by source;
    51    (2)  the  number of records received under section 5-200 of this chap-

    52  ter, by source, that do not relate to persons identified as eligible  to
    53  vote;
    54    (3)  the  number of persons who have contacted the board to opt out of
    55  voter registration;

        S. 1974--D                         15
 
     1    (4) the number of voters who submit voter  registration  forms  and/or
     2  requests  to  update or correct voter registration information using the
     3  system described in section 5-614 of this chapter; and
     4    (5)  the  number  of voters who correct voter registration information
     5  using the election-day procedure described  in  section  8-302  of  this
     6  chapter.
     7    (d)  Said annual report, as required by paragraph (a) of this subdivi-

     8  sion, shall exclude  any  information  that  personally  identifies  any
     9  person other than an election official or other government official.
    10    §  26.  Section  17-104  of  the  election  law  is amended to read as
    11  follows:
    12    § 17-104. False registration. 1. Any person who:
    13    [1.] (a) Registers or attempts to register as an elector in more  than
    14  one  election  district  for the same election, or more than once in the
    15  same election district; or,
    16    [2.] (b) Registers or attempts to register as an elector, knowing that
    17  he will not be a qualified voter in the district  at  the  election  for
    18  which such registration is made; or
    19    [3.]  (c)  Registers  or  attempts to register as an elector under any
    20  name but his or her own; or

    21    [4.] (d)  Knowingly  gives  a  false  residence  within  the  election
    22  district when registering as an elector; or
    23    [5.]  (e)  Knowingly permits, aids, assists, abets, procures, commands
    24  or advises another to commit any such act, is guilty of a felony.
    25    2. Notwithstanding any other provision  of  this  chapter,  no  person
    26  shall  be  liable  for an error in the statewide voter registration list
    27  unless such person knowingly and willfully makes a  false  statement  in
    28  order  to  effectuate  or perpetuate voter registration. An error in the
    29  statewide voter registration list shall not constitute a  fraudulent  or
    30  false claim to citizenship.
    31    §  27.  Subdivision 17 of section 3-102 of the election law, as renum-

    32  bered by chapter 23 of the laws of 2005, is  renumbered  subdivision  21
    33  and  four  new  subdivisions  17,  18,  19  and  20 are added to read as
    34  follows:
    35    17. ensure that, upon receipt and verification of a  person's  express
    36  request  to  opt out of voter registration, the person's name and regis-
    37  tration record will not be added to the county or statewide voter regis-
    38  tration lists;
    39    18. ensure that election officials shall not provide the record of any
    40  person who has opted out of voter registration, in whole or in part,  to
    41  any  third  party  for  any purpose other than the compilation of a jury
    42  list;
    43    19. publish and enforce a privacy and security policy specifying  each

    44  class  of  users who shall have authorized access to the statewide voter
    45  registration list, preventing unauthorized access to the statewide voter
    46  registration list and to any list provided by a source  agency  or  list
    47  maintenance  source,  and  setting forth other safeguards to protect the
    48  privacy and security of the information on the statewide voter registra-
    49  tion list;
    50    20. promulgate rules regarding the notification of voters of  transfer
    51  of address by electronic mail; and
    52    §  28. This act shall take effect immediately; provided, however, that
    53  sections two, three, four, six, seven,  eight,  ten,  twelve,  fourteen,
    54  fifteen,  nineteen,  twenty, twenty-one, twenty-two, and twenty-three of
    55  this act shall take  effect  January  1,  2014;  provided  further  that

    56  sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen

        S. 1974--D                         16
 
     1  of this act shall take effect January 1, 2015.   Effective  immediately,
     2  any  rules,  regulations  and  agreements  necessary  to  implement  the
     3  provisions of this act on its effective date are authorized and directed
     4  to be completed on or before such date.
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