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A05790 Summary:

BILL NOA05790
 
SAME ASSAME AS S01016
 
SPONSORCarroll R
 
COSPNSRColton, Bichotte Hermelyn, Seawright, Hyndman, Stirpe, Dinowitz, Walker, Simon, Hevesi, Peoples-Stokes, Taylor, Epstein, Kim, Kelles, De Los Santos
 
MLTSPNSR
 
Amd §§5-102, 5-210 & 8-504, El L; amd §801, Ed L
 
Lowers the voting age to 16 years; requires that students receive education in civics and be given the opportunity to register to vote in the classroom.
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A05790 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5790
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2025
                                       ___________
 
        Introduced by M. of A. R. CARROLL, COLTON, BICHOTTE HERMELYN, SEAWRIGHT,
          HYNDMAN,  STIRPE,  DINOWITZ,  WALKER,  SIMON,  HEVESI, PEOPLES-STOKES,
          TAYLOR, EPSTEIN, KIM, KELLES, DE LOS SANTOS -- read once and  referred
          to the Committee on Election Law
 
        AN  ACT  to amend the election law, in relation to the qualifications of
          voters; and to amend the education law, in relation to civic education
          and student voter registration
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section  5-102 of the election law is
     2  amended to read as follows:
     3    1. No person shall be qualified  to  register  for  and  vote  at  any
     4  election  unless  [he] such person is a citizen of the United States and
     5  is or will be, on the day of such election, [eighteen] sixteen years  of
     6  age  or  over,  and  a resident of this state and of the county, city or
     7  village for a minimum of thirty days next preceding such election.
     8    § 2. Paragraph (g) of subdivision 5 of section 5-210 of  the  election
     9  law,  as  amended by chapter 113 of the laws of 2023, is amended to read
    10  as follows:
    11    (g) Notice that the applicant must be a citizen of the United  States,
    12  is  or  will be at least sixteen years old [when they submit an applica-
    13  tion to register to vote which will be effective for elections occurring
    14  on or after the applicant turns eighteen years of age]  not  later  than
    15  December thirty-first of the calendar year in which the applicant regis-
    16  ters and a resident of the county or city to which application is made.
    17    § 3. Subdivision 3 of section 8-504 of the election law, as renumbered
    18  by chapter 373 of the laws of 1978, is amended to read as follows:
    19    3.  After  receiving the answers as above specified, of any applicant,
    20  the board shall, if it believes the applicant to  be  qualified  or  the
    21  challenge  is  withdrawn, permit [him] the applicant to vote. Otherwise,
    22  the board shall point out to [him] the applicant the qualifications,  if
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03234-01-5

        A. 5790                             2
 
     1  any,  in respect of which [he] the applicant shall appear deficient. If,
     2  after such deficiencies have been  so  indicated,  the  applicant  shall
     3  persist  in  [his]  the  claim to vote, an inspector shall administer to
     4  [him]  the  applicant  the  following oath, which shall be known as "The
     5  Qualification Oath": "You do swear (or affirm) that you  are  [eighteen]
     6  sixteen  years  of  age, that you are a citizen of the United States and
     7  that you have been a resident of this state, and of this county (of  the
     8  city  of  New  York)  (village)  for  thirty  days  next  preceding this
     9  election, that you still reside at the same address from which you  have
    10  been  duly registered in this election district, that you have not voted
    11  at this election, and that you do not know of any reason why you are not
    12  qualified to vote at this election. You do further declare that you  are
    13  aware  that  it  is  a  crime  to make any false statement. That all the
    14  statements you have made to the board have been true and that you under-
    15  stand that a false statement is perjury and you  will  be  guilty  of  a
    16  misdemeanor."
    17    §  4. Subdivision 1 of section 801 of the education law, as amended by
    18  section 27 of part A of chapter 56 of the laws of 2020, is amended and a
    19  new subdivision 6 is added to read as follows:
    20    1. In order to promote a spirit of patriotic  and  civic  service  and
    21  obligation  and  to foster in the children of the state moral and intel-
    22  lectual qualities which are essential in preparing  to  meet  the  obli-
    23  gations of citizenship in peace or in war, the regents of The University
    24  of  the  State  of  New  York  shall prescribe courses of instruction in
    25  patriotism, citizenship, civic education and values, our shared  history
    26  of diversity, the role of religious tolerance in this country, and human
    27  rights  issues, with particular attention to the study of the inhumanity
    28  of genocide, slavery (including the freedom trail and underground  rail-
    29  road),  the  Holocaust,  and the mass starvation in Ireland from 1845 to
    30  1850, to be maintained and followed in all the schools of the state. The
    31  boards of education and  trustees  of  the  several  cities  and  school
    32  districts  of  the  state  shall require instruction to be given in such
    33  courses, by the teachers employed in the  schools  therein.  All  pupils
    34  attending  such  schools, over the age of eight years, shall attend upon
    35  such instruction. All pupils  in  the  ninth  and  higher  grades  shall
    36  receive  civic  education  for  at  least  eight  full class periods, in
    37  accordance with the department's 9-12 social studies framework.
    38    Similar courses of instruction shall be prescribed and  maintained  in
    39  private  schools in the state, and all pupils in such schools over eight
    40  years of age shall attend upon such courses. If such courses are not  so
    41  established and maintained in a private school, attendance upon instruc-
    42  tion  in  such  school  shall  not be deemed substantially equivalent to
    43  instruction given to pupils of like age in the  public  schools  of  the
    44  city or district in which such pupils reside.
    45     6.  a.  The  regents,  in  collaboration  with  the  state  board  of
    46  elections, shall make available to each high  school  two  forms  to  be
    47  distributed to all pupils who shall be sixteen years of age on or before
    48  December  thirty-first  of each year. Such forms shall be distributed on
    49  one date between the second and fifth school day in the month of January
    50  of each year.
    51    b. The first form to be distributed pursuant to this subdivision shall
    52  be a standard voter registration form as prescribed by section 5-210  of
    53  the  election law. Such form shall be completed for each eligible pupil,
    54  by school administrators who shall complete each field of the  registra-
    55  tion  form  except  the  fields  pertaining to citizenship status, party
    56  affiliation, signature and date. The content of  the  registration  form

        A. 5790                             3
 
     1  shall  be  explained  to  all  pupils  to whom forms are distributed and
     2  pupils shall be directed to correct any incorrect information previously
     3  completed by school administrators.
     4    c.  The  second  form  to  be distributed pursuant to this subdivision
     5  shall be entitled "Voter Registration Opt-Out Form"  and  shall  contain
     6  the  following  statement: "I, the undersigned, decline to register as a
     7  voter in the State of New York at this time,  and  defer  my  choice  of
     8  registration  in the State of New York to a future date of my choosing."
     9  Such form shall be created by the  regents  in  collaboration  with  the
    10  state board of elections.
    11    d.  Pupils  shall  be  given classroom time to have the opportunity to
    12  complete either the standard voter registration form or the voter regis-
    13  tration opt-out form. After pupils have had time to complete both forms,
    14  school administrators shall collect both forms from all pupils  to  whom
    15  the  forms were distributed.  School administrators shall be required to
    16  dispose of all voter registration forms for  pupils  who  elect  to  not
    17  register to vote.
    18    §  5.  This  act  shall  take  effect on the same date as a concurrent
    19  resolution amending the constitution, entitled "CONCURRENT RESOLUTION OF
    20  THE SENATE AND ASSEMBLY proposing amendments to section 1 of  article  2
    21  of  the constitution, in relation to the voting age"; provided, however,
    22  that the amendments made to paragraph (g) of subdivision  5  of  section
    23  5-210  of  the  election law made by section two of this act, shall take
    24  effect immediately.
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