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A00775 Summary:

A00775 Actions:

A00775 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A775
 
SPONSOR: Dinowitz (MS)

 
TITLE OF BILL:
 
An act to amend the election law, in relation to voter registration
transfers
 
 
PURPOSE:
 
To increase voter participation in the election process by facilitating
transfers of voter registration for those who move within the state from
one county to another or into or out of the city of New York to vote in
their new residential district.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill amends section 5-208 of the election law,by
replacing the words-"city" and "county" with the words "New York State."

Section 2 of the bill amends section 8-302 of the election law by
replacing the phrase "the county or city" with the words "New York
State."
 
Section 3 of this bill amends subdivision 1 of § 4-117 to update the
"august mail check" in relation to the transfer of registration.
 
Section 4 of this bill amends subdivision 1 and 2 of § 5-400 to update
the procedures for cancellation of registration in relation to the
transfer of registration.
 
Section 5 of this bill amends § 9-209 of the election law to update the
process for canvassing of absentee, military, and special ballots, in
relation to the transfer of registration.
 
Section of the bill sets forth the effective date.
 
 
JUSTIFICATION:
 
New York's election law currently creates unnecessary impediments that
make it difficult for eligible voters to participate inelections and
also create, unnecessary challenges for election officials administering
elections. This bill would remove one such impediment.
 
New York State's election law currently allows a registered voter who
moves within a county or within New York to vote in his or her new
election district without re-registering,. Boards of elections auto-
ma:ticlly transfer such a voter's registration when they. receive notice
of A .change of address or when a voter completes an affidav-
it:ballot:envelope attesting to a new address. However, voters who move
.within the state in or out of New York City or ,from one county to
another cutaideof.New York City are barred from voting on election day
unless they update their registration by the registration deadline.
 
This bill will amend the law to allow a voter who moves anywhere within
the State to vote in his or her new election district. Boards of elec-
tionsfwouldautomatically transfer registrations fot such a voter, as
they currently do for voters who move within their county or within the

New York City. Affidavit ballots would be verified using the statewide
voter file.
 
 
FISCAL IMPACT ON THE STATE:
 
Minimal.
 
 
LEGISLATIVE HISTORY:
 
2018: A9826 - 3rd Reading Cal.
 
2017: A3411 - Passed Assembly
 
2016: A5598A - 3rd Reading Cal.
 
2015: A5598 - Election Law
 
2014: A00083 - Election Law
 
2013: A83 - Election Law
 
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

A00775 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1099                                                   A. 775
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 10, 2019
                                       ___________
 
        IN  SENATE  --  Introduced by Sens. CARLUCCI, ADDABBO, BAILEY, BENJAMIN,
          BIAGGI, BRESLIN, BROOKS, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCK-
          HAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH,  KENNEDY,  KRUEGER,
          LIU,   MARTINEZ,  MAY,  MAYER,  METZGER,  MONTGOMERY,  MYRIE,  PARKER,
          PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA,  SERRANO,
          SKOUFIS,  STAVISKY,  STEWART-COUSINS, THOMAS -- read twice and ordered
          printed, and  when  printed  to  be  committed  to  the  Committee  on
          Elections
 
        IN  ASSEMBLY  --  Introduced by M. of A. DINOWITZ, LAVINE, L. ROSENTHAL,
          GLICK, ENGLEBRIGHT, CRESPO, LUPARDO, FAHY, COLTON,  MOSLEY,  ABINANTI,
          ZEBROWSKI, OTIS, SIMON, ROZIC, JAFFEE, BUCHWALD, RYAN, CUSICK, PAULIN,
          HEVESI,  CARROLL,  GALEF,  RAMOS,  LIFTON,  VANEL,  D'URSO, SEAWRIGHT,
          WRIGHT, NIOU, BLAKE, BURKE, CRUZ, EICHENSTEIN, EPSTEIN, FALL, FRONTUS,
          GRIFFIN, HEASTIE, JACOBSON, McMAHON, RAYNOR, REYES, THIELE,  WEINSTEIN
          --  Multi-Sponsored by -- M. of A. BRONSON, CAHILL, COOK, GOTTFRIED --
          read once and referred to the Committee on Election Law
 
        AN ACT to amend the election law,  in  relation  to  voter  registration
          transfers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1, 4, and 8 of section 5-208 of  the  election
     2  law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996,
     3  subdivision  4  as added by chapter 659 of the laws of 1994, are amended
     4  and a new subdivision 9 is added to read as follows:
     5    1. The board of elections shall transfer the registration and  enroll-
     6  ment of any voter appearing on a statewide voter list pursuant to subdi-
     7  vision  one  of  section  5-614  of  this article for whom it receives a
     8  notice of change of address to another address in [the  same  county  or
     9  city]  New  York state, or for any voter who [casts] submits a ballot in
    10  an affidavit ballot envelope which sets forth such a new address.   Such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01332-02-9
        S. 1099                             2                             A. 775
 
     1  notices  shall include, but not be limited to, notices received from any
     2  state agency which conducts a voter registration program pursuant to the
     3  provisions of sections 5-211 and 5-212 of this title, that the voter has
     4  notified such agency of a change of address in [the same city or county]
     5  New  York  state  unless  the  voter  has  indicated that such change of
     6  address is not for voter registration purposes,  notices  of  change  of
     7  address  from  the  United  States  Postal  Service through the National
     8  Change of Address System, any notices of a forwarding  address  on  mail
     9  sent  to  a  voter  by the board of elections and returned by the postal
    10  service, national or state voter registration forms, confirmation  mail-
    11  ing  response cards, United States Postal Service notices to correspond-
    12  ents of change of address, applications for  registration  from  persons
    13  already registered in [such county or city] New York state, or any other
    14  notices to correspondents sent to the board of elections by such voters.
    15    4.  If  such  application for registration from a voter already regis-
    16  tered in [such county or city] New York state also reflects a change  of
    17  enrollment,  the  board  of elections shall treat such application as an
    18  application for change of enrollment pursuant to section 5-304  of  this
    19  article.
    20    8.  If  the  board of elections receives notice of a change of address
    21  within [such city or county] New York state from, or with respect to,  a
    22  person  who it determines is not registered in [such county or city] New
    23  York state, it shall forthwith send such person a notice to that  effect
    24  in  a  form  approved by the state board of elections at the new address
    25  set forth in such notice of change of address,  together  with  a  voter
    26  registration form.
    27    9. The state board of elections shall promulgate regulations as to the
    28  procedures for transferring a voter from one county to another.
    29    §  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
    30  8-302 of the election law, as amended by chapter  164  of  the  laws  of
    31  2010, is amended to read as follows:
    32    (ii) He or she may swear to and subscribe an affidavit stating that he
    33  or  she  has  duly  registered  to  vote,  the  address in such election
    34  district from which he or she registered, that he or she remains a  duly
    35  qualified  voter in such election district, that his or her registration
    36  poll record appears to be lost or misplaced or  that  his  or  her  name
    37  and/or  his  or  her  signature  was omitted from the computer generated
    38  registration list or that he or she has  moved  within  [the  county  or
    39  city]  New  York state since he or she last registered, the address from
    40  which he or she was previously registered and the address at which he or
    41  she currently resides, and at a primary election, the party in which  he
    42  or she is enrolled. The inspectors of election shall offer such an affi-
    43  davit  to  each  such  voter whose residence address is in such election
    44  district.  Each such affidavit shall be in  a  form  prescribed  by  the
    45  state  board  of  elections, shall be printed on an envelope of the size
    46  and quality used for an absentee ballot envelope, and shall  contain  an
    47  acknowledgment  that  the  affiant  understands that any false statement
    48  made  therein  is  perjury  punishable  according  to  law.  Such   form
    49  prescribed  by  the  state  board of elections shall request information
    50  required to register such voter should the county board  determine  that
    51  such  voter  is  not  registered  and shall constitute an application to
    52  register to vote. The voter's name and the entries required  shall  then
    53  be  entered  without  delay  and  without  further inquiry in the fourth
    54  section of the challenge report or in the place provided at the  end  of
    55  the  computer  generated  registration  list, with the notation that the
    56  voter has executed the affidavit hereinabove  prescribed,  or,  if  such
        S. 1099                             3                             A. 775
 
     1  person's  name  appears on the computer generated registration list, the
     2  board of elections may provide a place to make such entry next to his or
     3  her name on such list.  The voter shall then, without  further  inquiry,
     4  be  permitted  to vote an affidavit ballot provided for by this chapter.
     5  Such ballot shall thereupon be placed in the envelope containing his  or
     6  her  affidavit,  and  the  envelope  sealed and returned to the board of
     7  elections in the manner provided by this chapter for protested  official
     8  ballots, including a statement of the number of such ballots.
     9    § 3. Subdivision 1 of section 4-117 of the election law, as amended by
    10  chapter 3 of the laws of 2018, is amended to read as follows:
    11    1.  The  board  of elections, between August first and August fifth of
    12  each year, shall send by mail on which is endorsed such language  desig-
    13  nated  by  the  state board of elections to ensure postal authorities do
    14  not forward such mail but return it  to  the  board  of  elections  with
    15  forwarding  information,  when  it  cannot be delivered as addressed and
    16  which contains a request that any such mail  received  for  persons  not
    17  residing at the address be dropped back in the mail, a communication, in
    18  a  form  approved  by  the state board of elections, to every registered
    19  voter who has been registered without a  change  of  address  since  the
    20  beginning  of such year, except that the board of elections shall not be
    21  required to send such communications to voters in inactive  status.  The
    22  communication  shall notify the voter of the days and hours of the ensu-
    23  ing primary and general elections, the place where  he  appears  by  his
    24  registration  records  to  be entitled to vote, the fact that voters who
    25  have moved or will have moved from the  address  where  they  were  last
    26  registered  must  [re-register  or,  that  if  such  move was to another
    27  address in the same county or city, that such voter may]  either  notify
    28  the board of elections of his new address or vote by paper ballot at the
    29  polling  place  for his new address even if such voter has not re-regis-
    30  tered, or otherwise notified the board of elections  of  the  change  of
    31  address.  If the primary will not be held on the first Tuesday after the
    32  second Monday in September, the communication shall contain a  conspicu-
    33  ous  notice  in all capital letters and bold font notifying the voter of
    34  the primary date. If the location of the polling place for  the  voter's
    35  election  district  has  been moved, the communication shall contain the
    36  following legend in bold type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU
    37  NOW VOTE AT..........". The communication shall  also  indicate  whether
    38  the  polling  place  is accessible to physically disabled voters, that a
    39  voter who will be out of the city or county on the day of the primary or
    40  general election or a voter who is ill or physically disabled may obtain
    41  an absentee ballot, that a physically disabled voter whose polling place
    42  is not accessible may request that his registration record be  moved  to
    43  an  election district which has a polling place which is accessible, the
    44  phone number to call for applications to move a registration  record  or
    45  for  absentee  ballot  applications,  the  phone  number to call for the
    46  location of registration and polling places, the phone number to call to
    47  indicate that the voter is willing  to  serve  on  election  day  as  an
    48  election  inspector, poll clerk, interpreter or in other capacities, the
    49  phone number to call to obtain an application for registration by  mail,
    50  and  such  other information concerning the elections or registration as
    51  the board may include. In lieu of sending such  communication  to  every
    52  registered voter, the board of elections may send a single communication
    53  to  a household containing more than one registered voter, provided that
    54  the names of all such voters appear as  part  of  the  address  on  such
    55  communication.
        S. 1099                             4                             A. 775
 
     1    §  4.  Paragraph (a) of subdivision 1 of section 5-400 of the election
     2  law, as amended by chapter 659 of the laws of 1994, is amended  to  read
     3  as follows:
     4    (a) Moved his or her residence outside the [city or county in which he
     5  is registered] state.
     6    §  5. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
     7  the election law, paragraphs (b) and (d) as  added  by  section  20  and
     8  paragraph  (c) as added and paragraph (d) as relettered by section 22 of
     9  chapter 659 of the laws of 1994, are amended to read as follows:
    10    (b) A notice that the registrant has moved to an address  outside  the
    11  [city or county] state which is signed by the registrant and sent to the
    12  board of elections.
    13    (c)  A  notice  signed by the registrant which states that such regis-
    14  trant has moved to an address outside the [city  or  county]  state  and
    15  that such change of address is for voter registration purposes.
    16    (d)  A  notice  from  a board of elections or other voter registration
    17  officer or agency that such  person  has  registered  to  vote  from  an
    18  address outside [such city or county] the state.
    19    §  6.  The  opening paragraph of section 9-209 of the election law, as
    20  amended by chapter 163 of the laws  of  2010,  is  amended  to  read  as
    21  follows:
    22    Before  completing  the canvass of votes cast in any primary, general,
    23  special, or other election at which voters are required  to  sign  their
    24  registration  poll  records  before voting, the board of elections shall
    25  proceed in the manner hereinafter prescribed to  cast  and  canvass  any
    26  absentee,  military,  special  presidential,  special  federal  or other
    27  special ballots and any ballots voted by voters  who  moved  within  the
    28  [county  or  city]  state  after registering, voters who are in inactive
    29  status, voters whose registration was incorrectly transferred to another
    30  address even though they did not move, voters  whose  registration  poll
    31  records  were  missing  on the day of such election, voters who have not
    32  had their identity previously verified  and  voters  whose  registration
    33  poll records did not show them to be enrolled in the party in which they
    34  claimed  to  be  enrolled.  Each  such  ballot  shall be retained in the
    35  original envelope containing the voter's  affidavit  and  signature,  in
    36  which it is delivered to the board of elections until such time as it is
    37  to be cast and canvassed.
    38    §  7.  This  act  shall take effect on the sixtieth day after it shall
    39  have become a law.