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A03411 Summary:

A03411 Actions:

A03411 Committee Votes:

Committee:ELECTION LAW   Chair:Cusick      
DATE:04/26/2017AYE/NAY:15/0  Action: Favorable         
Cusick
Aye
Norris
Aye
Galef
Aye
McKevitt
Aye
Dinowitz
Aye
Lupinacci
Aye
Lentol
Aye
Brabenec
Aye
Lifton
Aye
Kavanagh
Aye
Abinanti
Aye
Buchwald
Aye
Blake
Aye
Walker
Excused
Carroll
Aye
Vanel
Aye

A03411 Floor Votes:

A03411 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3411
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by  M.  of  A. KAVANAGH, ROSENTHAL, LUPARDO, COLTON, MOSLEY,
          ENGLEBRIGHT, FAHY, ABINANTI, ZEBROWSKI, OTIS, SIMON, ROZIC,  BRINDISI,
          JAFFEE,  BUCHWALD,  RYAN, CUSICK, PAULIN, HEVESI, SKOUFIS, DINOWITZ --
          Multi-Sponsored by -- M. of  A.  CAHILL,  FARRELL,  GOTTFRIED,  MAGEE,
          THIELE -- 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 a ballot in an  affida-
    10  vit  ballot  envelope which sets forth such a new address.  Such notices
    11  shall include, but not be limited to, notices received  from  any  state
    12  agency  which  conducts  a  voter  registration  program pursuant to the
    13  provisions of sections 5-211 and 5-212 of this title, that the voter has
    14  notified such agency of a change of address in [the same city or county]
    15  New York state unless the  voter  has  indicated  that  such  change  of
    16  address  is  not  for  voter registration purposes, notices of change of
    17  address from the United  States  Postal  Service  through  the  National
    18  Change  of  Address  System, any notices of a forwarding address on mail
    19  sent to a voter by the board of elections and  returned  by  the  postal
    20  service,  national or state voter registration forms, confirmation mail-
    21  ing response cards, United States Postal Service notices to  correspond-
    22  ents  of  change  of address, applications for registration from persons
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01566-02-7
        A. 3411                             2
 
     1  already registered in [such county or city] New York state, or any other
     2  notices to correspondents sent to the board of elections by such voters.
     3    4.  If  such  application for registration from a voter already regis-
     4  tered in [such county or city] New York state also reflects a change  of
     5  enrollment,  the  board  of elections shall treat such application as an
     6  application for change of enrollment pursuant to section 5-304  of  this
     7  article.
     8    8.  If  the  board of elections receives notice of a change of address
     9  within [such city or county] New York state from, or with respect to,  a
    10  person  who it determines is not registered in [such county or city] New
    11  York state, it shall forthwith send such person a notice to that  effect
    12  in  a  form  approved by the state board of elections at the new address
    13  set forth in such notice of change of address,  together  with  a  voter
    14  registration form.
    15    9. The state board of elections shall promulgate regulations as to the
    16  procedures for transferring a voter from one county to another.
    17    §  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
    18  8-302 of the election law, as amended by chapter  164  of  the  laws  of
    19  2010, is amended to read as follows:
    20    (ii) He or she may swear to and subscribe an affidavit stating that he
    21  or  she  has  duly  registered  to  vote,  the  address in such election
    22  district from which he or she registered, that he or she remains a  duly
    23  qualified  voter in such election district, that his or her registration
    24  poll record appears to be lost or misplaced or  that  his  or  her  name
    25  and/or  his  or  her  signature  was omitted from the computer generated
    26  registration list or that he or she has  moved  within  [the  county  or
    27  city]  New  York state since he or she last registered, the address from
    28  which he or she was previously registered and the address at which he or
    29  she currently resides, and at a primary election, the party in which  he
    30  or she is enrolled. The inspectors of election shall offer such an affi-
    31  davit  to  each  such  voter whose residence address is in such election
    32  district.  Each such affidavit shall be in  a  form  prescribed  by  the
    33  state  board  of  elections, shall be printed on an envelope of the size
    34  and quality used for an absentee ballot envelope, and shall  contain  an
    35  acknowledgment  that  the  affiant  understands that any false statement
    36  made  therein  is  perjury  punishable  according  to  law.  Such   form
    37  prescribed  by  the  state  board of elections shall request information
    38  required to register such voter should the county board  determine  that
    39  such  voter  is  not  registered  and shall constitute an application to
    40  register to vote. The voter's name and the entries required  shall  then
    41  be  entered  without  delay  and  without  further inquiry in the fourth
    42  section of the challenge report or in the place provided at the  end  of
    43  the  computer  generated  registration  list, with the notation that the
    44  voter has executed the affidavit hereinabove  prescribed,  or,  if  such
    45  person's  name  appears on the computer generated registration list, the
    46  board of elections may provide a place to make such entry next to his or
    47  her name on such list.  The voter shall then, without  further  inquiry,
    48  be  permitted  to vote an affidavit ballot provided for by this chapter.
    49  Such ballot shall thereupon be placed in the envelope containing his  or
    50  her  affidavit,  and  the  envelope  sealed and returned to the board of
    51  elections in the manner provided by this chapter for protested  official
    52  ballots, including a statement of the number of such ballots.
    53    §  3.  This  act  shall take effect on the sixtieth day after it shall
    54  have become a law.