New York State Assembly

 
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A05382 Summary:

A05382 Actions:

A05382 Committee Votes:

Committee:ELECTION LAW   Chair:Cusick      
DATE:03/08/2017AYE/NAY:15/1  Action: Favorable refer to committee Ways and Means        
Cusick
Aye
Norris
Aye
Galef
Aye
McKevitt
Aye
Dinowitz
Aye
Lupinacci
Aye
Lentol
Aye
Brabenec
Nay
Lifton
Aye
Kavanagh
Aye
Abinanti
Aye
Buchwald
Aye
Blake
Aye
Walker
Aye
Carroll
Aye
Vanel
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:05/02/2017AYE/NAY:27/7  Action: Favorable         
Farrell
Aye
Oaks
Nay
Lentol
Aye
Crouch
Nay
Schimminger
Aye
Barclay
Nay
Gantt
Excused
Fitzpatrick
Nay
Weinstein
Aye
Hawley
Nay
Glick
Aye
Malliotakis
Nay
Nolan
Aye
Walter
Aye
Pretlow
Aye
Montesano
Nay
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

A05382 Floor Votes:

A05382 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5382--A
                                                                Cal. No. 384
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2017
                                       ___________
 
        Introduced by M. of A. CUSICK, SEPULVEDA, LIFTON, CARROLL, GALEF, ORTIZ,
          ABINANTI, COLTON, SEAWRIGHT, RAMOS, HARRIS, SIMON, VANEL, OTIS, LUPAR-
          DO -- Multi-Sponsored by -- M. of A. BRONSON -- read once and referred
          to  the  Committee  on  Election  Law  --  ordered to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading
 
        AN  ACT  to  amend  the  election law, in relation to enacting the Voter
          Enfranchisement Modernization Act of 2018; in relation to establishing
          the electronic personal voter registration process
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known as and may be cited as
     2  the "Voter Enfranchisement Modernization Act of 2018 (VEMA)".
     3    §  2. Declaration of Legislative Intent. The right to vote is a funda-
     4  mental right, the well-spring of all others, secured by the federal  and
     5  state constitutions. On-line forms of communication and conducting tran-
     6  sactions  did  not exist at the time New York's paper-based voter regis-
     7  tration system was enacted. In the last twenty years,  many  paper-based
     8  processes  have  migrated  to  on-line  processes,  including filing tax
     9  returns, applying for social security benefits, routine  banking  trans-
    10  actions, official communications and purchase transactions of all types.
    11  This  on-line migration has improved cost efficiency, increased accessi-
    12  bility and provided greater convenience to the public in many  contexts.
    13  The  predominantly paper-based voter registration application process in
    14  New York is antiquated and  must  be  supplemented  with  on-line  voter
    15  registration.  To remove unnecessary burdens to the fundamental right of
    16  the  people  to  vote,  the State Board of Elections shall establish the
    17  Voter Enfranchisement Modernization Program for the purpose of  increas-
    18  ing  opportunities for voter registration by any person who is qualified
    19  to be a voter under Article II of the New York State Constitution.  This
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09394-02-8
        A. 5382--A                          2
 
     1  effort  modernizes  voter  registration  and  supplements the methods of
     2  voter registration provided under current law.
     3    §  3. Article 5 of the election law is amended by adding a new title 8
     4  to read as follows:
     5                                 TITLE VIII
     6               ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
     7  Section 5-800. Electronic voter registration transmittal system.
     8          5-802. Online voter registration application.
     9          5-804. Failure to provide  exemplar  signature  not  to  prevent
    10                   registration.
    11    § 5-800. Electronic voter registration transmittal system. In addition
    12  to  any  other means of voter registration provided for by this chapter,
    13  the state board of elections shall establish and maintain an  electronic
    14  voter registration transmittal system through which applicants may apply
    15  to  register  to vote online.   The state board of elections shall elec-
    16  tronically  transmit  such  applications  to  the  applicable  board  of
    17  elections  of each county or the city of New York for filing, processing
    18  and verification consistent with this chapter. In accordance with  tech-
    19  nical  specifications  provided  by  the  state board of elections, each
    20  board of elections shall maintain a voter registration system capable of
    21  receiving and processing  voter  registration  application  information,
    22  including  electronic signatures, from the electronic voter registration
    23  transmittal system established by the state board of elections. Notwith-
    24  standing any other inconsistent provision of this chapter,  applications
    25  filed  using  such  system shall be considered filed with the applicable
    26  board of elections on the calendar date  the  application  is  initially
    27  transmitted by the voter through the electronic voter registration tran-
    28  smittal system.
    29    §  5-802.  Online  voter registration application. 1. A voter shall be
    30  able to apply to register to vote using a personal online  voter  regis-
    31  tration  application submitted through the electronic voter registration
    32  transmittal system when the voter:
    33    (a) completes an electronic voter registration application promulgated
    34  by the state board of elections which shall include  all  of  the  voter
    35  registration information required by section 5-210 of this article; and
    36    (b)  affirms, subject to penalty of perjury, by means of electronic or
    37  manual signature, that the information contained in the voter  registra-
    38  tion  application is true and that the applicant meets all of the quali-
    39  fications to become a registered voter; and
    40    (c) consents to the use of an  electronic  copy  of  the  individual's
    41  manual signature that is in the custody of the department of motor vehi-
    42  cles,  the  state  board  of  elections,  or  other agency designated by
    43  sections 5-211 or 5-212 of  this  article,  as  the  individual's  voter
    44  registration  exemplar signature, or provides such a signature by direct
    45  upload in a manner that complies with  the  New  York  state  electronic
    46  signature  and  records act and the rules and regulations promulgated by
    47  the state board of elections.
    48    2. The board of elections shall  provide  the  personal  online  voter
    49  registration  application in any language required by the federal Voting
    50  Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
    51    3. The online voter registration  application  process  shall  provide
    52  reasonable  accommodations  to  improve  accessibility  for persons with
    53  disabilities, and shall be  compatible  for  use  with  standard  online
    54  accessibility  assistance  tools  for  persons  with visual, physical or
    55  perceptive disabilities.
        A. 5382--A                          3
 
     1    4. The state board of elections shall promulgate rules and regulations
     2  for the creation and administration  of  an  online  voter  registration
     3  system pursuant to this section.
     4    §  5-804.  Failure to provide exemplar signature not to prevent regis-
     5  tration. If a voter registration exemplar signature is not  provided  by
     6  an  applicant  who  submits a voter registration application pursuant to
     7  this title and such signature exemplar is not otherwise  available  from
     8  the  statewide  voter  registration database or a state or local agency,
     9  the local board of elections shall, absent another reason to reject  the
    10  application,  proceed  to register and, as applicable, enroll the appli-
    11  cant. Within ten days of such action, the board of elections shall  send
    12  a standard form promulgated by the state board of elections to the voter
    13  whose record lacks an exemplar signature, requiring such voter to submit
    14  a  signature  for identification purposes. The voter shall submit to the
    15  board of elections a voter registration exemplar signature by any one of
    16  the following methods: in person,  by  mail  with  return  postage  paid
    17  provided by the board of elections, by electronic mail, or by electronic
    18  upload  to the board of elections through the electronic voter registra-
    19  tion transmittal system. If such voter does  not  provide  the  required
    20  exemplar  signature,  when  the voter appears to vote the voter shall be
    21  entitled to vote in the same manner as a voter with a notation  indicat-
    22  ing  the  voter's  identity  has  not  yet  been  verified in the manner
    23  provided by section 8-302 of this chapter.
    24    § 4.  This act shall take effect on the earlier occurrence  of:    (i)
    25  two years after it shall have become a law; provided, however, the state
    26  board  of elections shall be authorized to implement necessary rules and
    27  regulations and to take steps required to implement this act  immediate-
    28  ly; or (ii) five days after the date of certification by the state board
    29  of  elections that the information technology infrastructure to substan-
    30  tially implement this act is functional.   Provided,  further  that  the
    31  state  board  of  elections  shall  notify the legislative bill drafting
    32  commission upon the occurrence  of  the  enactment  of  the  legislation
    33  provided  for  in  this act in order that the commission may maintain an
    34  accurate and timely effective data base of the official text of the laws
    35  of the state of New York in furtherance of effectuating  the  provisions
    36  of  section  44  of  the  legislative law and section 70-b of the public
    37  officers law.