Requires a government issued photo identification card be presented when casting a ballot; provides for a method to receive a government issued photo identification card at no charge.
STATE OF NEW YORK
________________________________________________________________________
4238
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
___________
Introduced by M. of A. MURRAY -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to requiring a government
issued photo identification card to be presented when casting a ballot
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8-303 of the election law, as added by chapter 420
2 of the laws of 2004 and subparagraph 1 of paragraph (b) of subdivision 3
3 as amended by chapter 160 of the laws of 2005, is amended to read as
4 follows:
5 § 8-303. [Initial voter] Voter identification. 1. Applicability. Each
6 board of elections, in a uniform and nondiscriminatory manner, shall
7 require a voter to meet the requirements of subdivision two of this
8 section [if:
9 (a) the individual registered to vote in a jurisdiction by mail on or
10 after January first, two thousand three; and
11 (b) the individual has not previously voted in an election for federal
12 office in the jurisdiction of the board of elections].
13 2. Requirements. (a) In general. An individual meets the requirements
14 of this subdivision if the individual:
15 (1) in the case of an individual who votes in person: (i) presents to
16 the appropriate election inspector, clerk or coordinator a current and
17 valid government issued photo identification[; or
18 (ii) presents to the appropriate election inspector, clerk or coordi-
19 nator a copy of a current utility bill, bank statement, government
20 check, paycheck, or other government document that shows the name and
21 address of the voter;] or
22 (2) in the case of an individual who votes by mail, submits in the
23 outer envelope with the envelope containing the ballot: [(i)] a copy of
24 a current and valid government issued photo identification[; or
25 (ii) a copy of a current utility bill, bank statement, government
26 check, paycheck, or other government document that shows the name and
27 address of the voter].
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06293-02-7
A. 4238 2
1 (b) Fail-safe voting. [(1)] An individual who desires to vote in
2 person, but who does not meet the requirements of [subparagraph one of
3 paragraph (a) of] this subdivision[,] may [cast an affidavit ballot, and
4 notwithstanding this section of law, such affidavit ballot shall be duly
5 cast and counted, even though such individual does not meet the require-
6 ments of subparagraph one of paragraph (a) of this subdivision, provided
7 such individual casting such ballot is an otherwise eligible voter
8 pursuant to law, provided further that such ballot otherwise complies
9 with the requirements of law.
10 (2) An individual who desires to vote by mail but who does not meet
11 the requirements of subparagraph two of paragraph (a) of this subdivi-
12 sion may cast such a ballot by mail and such ballot shall be duly cast
13 and counted, notwithstanding this section, provided the voter is deter-
14 mined to be an eligible voter and provided further that such ballot
15 otherwise complies with the requirements of law.
16 3. Inapplicability. Subdivisions one and two of this section shall not
17 apply in the case of a person: (a) who registers to vote by mail and
18 submits as part of such registration either:
19 (1) a copy of a current and valid photo identification; or
20 (2) a copy of a current utility bill, bank statement, government
21 check, paycheck, or government document that shows the name and address
22 of the voter;
23 (b) (1) who registers to vote by mail and submits with such registra-
24 tion either:
25 (i) a driver's license or a department of motor vehicles non-driver
26 photo ID number; or
27 (ii) at least the last four digits of the individual's social security
28 number; and
29 (2) with respect to whom a local board of elections matches the infor-
30 mation submitted under subparagraph one of this paragraph with an exist-
31 ing state identification record bearing the number, name and date of
32 birth of such voter; or
33 (c) who is: (1) entitled to vote by absentee ballot under the
34 Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
35 et seq.);
36 (2) provided the right to vote otherwise than in person under section37 3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
38 icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
39 (3) entitled to vote otherwise than in person under any other federal
40 law] obtain a copy of his or her birth certificate from the county, town
41 or village clerk at no charge if he or she signs an affidavit indicating
42 that such birth certificate is needed in order to obtain a valid govern-
43 ment issued photo identification for purposes of casting a ballot. No
44 later than the seventh day before the election, the individual shall
45 subsequently present such birth certificate to the county, town or
46 village clerk who shall provide the individual with a valid government
47 photo identification, at no charge, for purposes of casting a ballot.
48 § 2. Subdivision 2 of section 8-400 of the election law is amended by
49 adding a new paragraph (e) to read as follows:
50 (e) All applications shall be accompanied by a copy of the applicant's
51 valid government issued photo identification as required by section
52 8-303 of this article. An individual may obtain a valid government
53 issued photo identification for no charge as prescribed in paragraph (b)
54 of subdivision two of section 8-303 of this article.
55 § 3. This act shall take effect immediately.