STATE OF NEW YORK
________________________________________________________________________
2381
2023-2024 Regular Sessions
IN SENATE
January 20, 2023
___________
Introduced by Sen. MYRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to enabling constitution-
ally-qualified electors to register to vote and to cast a ballot on
the same day at a polling location
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 8-302 of the election law is
2 amended by adding four new paragraphs (f), (g), (h), and (i) to read as
3 follows:
4 (f) "Conditional voter registration" means a properly executed affida-
5 vit in the form described in paragraph (e) of this subdivision at an
6 early voting or election day polling location and which may be deemed
7 effective after the board of elections processes the affidavit, deter-
8 mines the registrant's eligibility to register, and validates the regis-
9 trant's information, as specified in paragraph (h) of this subdivision.
10 (g) In addition to other methods of voter registration provided under
11 this chapter, an elector who is otherwise qualified to register to vote
12 and to cast a ballot under sections one and three of article two of the
13 New York state constitution may complete a conditional voter registra-
14 tion and cast an affidavit ballot at an early voting or election day
15 polling location at any time permissible under section five of article
16 two of the New York state constitution, other restrictions on the time
17 for registration in this chapter notwithstanding.
18 (h) (1) A conditional voter registration shall be deemed effective if
19 the board of elections is able to determine before or during the canvass
20 period for the election that the registrant is eligible to register to
21 vote and that the information provided by the registrant on the regis-
22 tration affidavit matches information contained in a database maintained
23 by the department of motor vehicles or the federal social security
24 administration.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04111-01-3
S. 2381 2
1 (2) If the information provided by the registrant on the registration
2 affidavit cannot be verified based on information contained in a data-
3 base maintained by the department of motor vehicles or the federal
4 social security administration, but the board of elections is able to
5 determine that the registrant is otherwise eligible to vote, the regis-
6 trant shall be issued a voter identification number and the conditional
7 voter registration shall be deemed effective.
8 (i) The board of elections shall offer conditional voter registration
9 and voting pursuant to this article, in accordance with all of the
10 following procedures:
11 (1) The board of elections shall provide conditional voter registra-
12 tion and voting pursuant to this article at all early voting and
13 election day polling locations.
14 (2) The board of elections shall advise registrants that a conditional
15 voter registration will be effective only if the registrant is deter-
16 mined to be eligible to register to vote for the election and the infor-
17 mation provided by the registrant on the registration affidavit is veri-
18 fied pursuant to subparagraph (h) of this subdivision.
19 (3) The board of elections shall conduct the receipt and handling of
20 each conditional voter registration and offer and receive a correspond-
21 ing ballot in a manner that protects the secrecy of the ballot and
22 allows the elections official to process the registration, determine the
23 registrant's eligibility to register, and validate the registrant's
24 information before counting or rejecting the corresponding ballot.
25 (4) After receiving a conditional voter registration, the board of
26 elections shall process the registration, determine the registrant's
27 eligibility to register, and attempt to validate the registrant's infor-
28 mation.
29 (5) If a conditional registration is deemed effective, the board of
30 elections shall include the corresponding ballot in the official
31 canvass.
32 § 2. This act shall take effect on the ninetieth day after it shall
33 have become a law.
