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A06270 Summary:

BILL NOA06270
 
SAME ASNo Same As
 
SPONSORWalker
 
COSPNSRBarron, Blake, Cook
 
MLTSPNSR
 
Add §§5-200, 5-201, 5-205 & 5-207, amd §5-210, El L
 
Enacts the "Modernized voter registration act of New York."
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A06270 Actions:

BILL NOA06270
 
03/04/2019referred to election law
01/08/2020referred to election law
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A06270 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6270
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2019
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to amend the election law, in relation to enacting the "Modern-
          ized Voter Registration Act of New York"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "Modernized
     2  Voter Registration Act of New York".
     3    §  2.  The  election law is amended by adding four new sections 5-200,
     4  5-201, 5-205 and 5-207 to read as follows:
     5    § 5-200. Automated voter registration.  1. Notwithstanding  any  other
     6  manner  of  registration  required  by  this article, each person in the
     7  state qualified to vote pursuant to section 5-102 of this article, shall
     8  be automatically  registered  to  vote  as  provided  in  this  section,
     9  provided that the person consents to voter registration.
    10    2.  The  state  board  of elections or county board of elections shall
    11  register to vote or update the registration record of any person in  the
    12  state  qualified  to  vote pursuant to section 5-102 of this article who
    13  consents to the registration or update and does any of the following:
    14    (a) completes an application for a new or  renewed  driver's  license,
    15  non-driver   identification   card,  pre-licensing  course  certificate,
    16  learner's permit or certification of supervised driving with the depart-
    17  ment of motor vehicles, or notifies such  department  in  writing  of  a
    18  change of his or her name or address;
    19    (b)  completes an application for services, renewal or recertification
    20  for services, or change of address relating to such services from  agen-
    21  cies designated in section 5-211 of this title;
    22    (c)  completes an application for services, renewal or recertification
    23  for services, or change of address relating to such  services  from  any
    24  municipal  housing  authority  as  set  forth in article thirteen of the
    25  public housing law;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05911-01-9

        A. 6270                             2
 
     1    (d) registers for classes at institutions of the state  university  of
     2  New York and the city university of New York;
     3    (e) completes a maximum sentence of imprisonment or is discharged from
     4  parole;
     5    (f) completes an application for unemployment insurance;
     6    (g) becomes a member or employee of the division of military and naval
     7  affairs; or
     8    (h)  completes  an  application with any other state or federal agency
     9  designated as a source agency pursuant to paragraph (b)  of  subdivision
    10  three of this section.
    11    3. (a) The term "source agency" includes the department of motor vehi-
    12  cles, any government agency designated pursuant to section 5-211 of this
    13  title,  the  state university of New York and the city university of New
    14  York, all public housing authorities listed in article thirteen  of  the
    15  public  housing  law, the department of corrections and community super-
    16  vision, the department of labor, the  division  of  military  and  naval
    17  affairs and any agency designated by the state board of elections pursu-
    18  ant to paragraph (b) of this subdivision.
    19    (b)  The state board of elections may designate additional state agen-
    20  cies to serve as sources for voter registration. In designating an agen-
    21  cy under this paragraph, the state board of elections shall consider:
    22    (i) the likelihood that source  records  reflect  a  large  number  of
    23  eligible citizens;
    24    (ii)  the extent to which source records reflect eligible citizens who
    25  would not otherwise be registered  under  the  act  to  modernize  voter
    26  registration;
    27    (iii)  the accuracy of personal identification data in source records;
    28  and
    29    (iv) any additional factors designated by the chief election  official
    30  as  reasonably  related  to  accomplishing  the  purposes  of the act to
    31  modernize voter registration.
    32    4. The state board of elections and the source  agencies  shall  enter
    33  into  agreements to ensure that for each person described in subdivision
    34  two of this section, each source agency electronically transmits to  the
    35  state or local boards of elections the following information in a format
    36  that can be read by the computerized statewide voter registration list:
    37    (a) given name or names and surname of surnames;
    38    (b) mailing address and residential address;
    39    (c) date of birth;
    40    (d) citizenship;
    41    (e)  driver's  license  or non-driver identification card number, last
    42  four digits of the person's social security number, or a space  for  the
    43  person to indicate that her or she doesn't not have any such number;
    44    (f) political party enrollment, if any;
    45    (g)  an  indication  that  the person intends to apply for an absentee
    46  ballot, if any; and
    47    (h) an image of the person's signature.
    48    In the event that any transmission of data pursuant  to  this  section
    49  fails to include an image of an individual's signature, the absence of a
    50  signature  shall  not  preclude the registration of an eligible citizen.
    51  The board of elections shall develop procedures to  enable  an  eligible
    52  citizen,  whose  information is transmitted pursuant to this section and
    53  whose information lacks an electronic signature, to provide a  signature
    54  at  the  polling  place  or  with  an application for an absentee ballot
    55  before voting. The board may require an elector who has not  provided  a
    56  signature before arriving at the polling place or submitting an absentee

        A. 6270                             3
 
     1  ballot  to present a current and valid photo identification or a copy of
     2  a current utility bill, bank statement, government check,  paycheck,  or
     3  other government document that shows the name and address of the voter.
     4    5. If an agency does not  routinely request information concerning the
     5  citizenship  status of individuals, it shall maintain records sufficient
     6  to transmit to the board indications of United  States  citizenship  for
     7  each  person described in subdivision two of this section, but shall not
     8  retain, use, or share any such information relating to  an  individual's
     9  citizenship for any other purpose.
    10    6.  The  state  board  of  elections  shall  prepare and distribute to
    11  participating agencies written instructions as to the implementation  of
    12  the  program and shall be responsible for establishing training programs
    13  for employees of source agencies listed in this section. Training  shall
    14  include  requirements that employees of any source agency communicate to
    15  each individual identified in subdivision two of this section  that  the
    16  source  agency  maintains  strict  neutrality with respect to a person's
    17  party enrollment and all persons seeking voter  registration  forms  and
    18  information  shall  be  advised  that government services are not condi-
    19  tioned on being registered to vote, or eligibility to register to  vote.
    20  No statement shall be made nor any action taken to discourage the appli-
    21  cant from registering to vote.
    22    7.  The agreements between the state board of elections and the source
    23  agencies shall include the format in which information will be transmit-
    24  ted, whether and how each entity will collect, in addition to the manda-
    25  tory information listed in subdivision four of this section,  additional
    26  information on a voluntary basis from persons for the purpose of facili-
    27  tating  voter  registration,  the  frequency  of data transmissions, the
    28  procedures, and other measures that will be used to ensure the  security
    29  and  privacy of the information transmitted, and any other matter neces-
    30  sary or helpful to implement the requirements of this section.
    31    8. Each  source  agency  shall  cooperate  with  the  state  board  of
    32  elections  and  county board of elections to facilitate the voter regis-
    33  tration of each person described in subdivision two of this section, and
    34  to electronically transmit the information needed to register each  such
    35  person  to  vote  or  to  update  each  such person's voter registration
    36  record.
    37    9. Each source agency shall enter into an  agreement  with  the  state
    38  board of elections finalizing the format and content of electronic tran-
    39  smissions  required  by  this section no later than September first, two
    40  thousand twenty-one; provided, that each source agency shall be able  to
    41  comply  fully  with  all  requirements  of  this  section, including the
    42  collection and transmission of all data required to register individuals
    43  to vote, by January first, two thousand twenty-two.
    44    § 5-201. Same day registration. Each county shall allow  any  eligible
    45  individual on the day of an election and on any day when voting, includ-
    46  ing  early  voting,  to register to vote in such election at the polling
    47  place and to cast a vote in such election.
    48    § 5-205. Internet registration. 1. The board  shall  ensure  that  the
    49  following  services are available to the public at any time on the offi-
    50  cial public websites of the appropriate county or municipality,  in  the
    51  same manner and subject to the same terms and conditions as the services
    52  provided  by  voter registration regulations: (a) online application for
    53  voter registration; (b) online assistance to applicants in  applying  to
    54  register  to vote; (c) online completion and submission by applicants of
    55  the  mail  voter  registration  application  including  assistance  with

        A. 6270                             4
 
     1  providing  a  signature  in  electronic  form; and (d) online receipt of
     2  completed voter registration applications.
     3    2.  Any  county or municipality shall accept an online voter registra-
     4  tion application provided by  an  individual  under  this  section,  and
     5  ensure  that  the  individual is registered to vote in the state, if (a)
     6  the individual meets the same voter registration requirements applicable
     7  to individuals who register to vote by mail in accordance with  the  law
     8  using  the mail voter registration application form and (b) the individ-
     9  ual provides a signature in electronic form.
    10    3. For purposes of this section, an individual provides a signature in
    11  electronic form by (a) executing a computerized mark  in  the  signature
    12  field on an online voter registration application; or
    13    (b) submitting with the application an electronic copy of the individ-
    14  ual's handwritten signature through electronic means.
    15    4.  (a)  Upon  the online submission of a completed voter registration
    16  application by an individual under this section, the  appropriate  state
    17  or local election official shall send the individual a notice confirming
    18  the state's receipt of the application and providing instructions on how
    19  the  individual may check the status of the application, and (b) as soon
    20  as the appropriate election official has approved or rejected an  appli-
    21  cation submitted by an individual under this section, the official shall
    22  send the individual a notice of the disposition of the application.
    23    5.  Any  county or municipality shall make the services made available
    24  online under subdivision one of this section available through  the  use
    25  of  an  automated  telephone-based system, subject to the same terms and
    26  conditions applicable under this section to the services made  available
    27  online,  in  addition to making the services available online in accord-
    28  ance with the requirements of this section.
    29    § 5-207. Updating registration information through  the  internet.  1.
    30  The  board  shall  ensure  that any registered voter on the computerized
    31  list may at  any  time  update  the  voter's  registration  information,
    32  including  the  voter's  address  and  electronic  mail  address, online
    33  through the official public website of the election official responsible
    34  for the maintenance of the list, so long as the  voter  attests  to  the
    35  contents  of  the  update by providing a signature in electronic form in
    36  the same manner required under the law.
    37    2. Applications for voter registration shall  provide  an  option  for
    38  voters  to receive voter information and future registration information
    39  and correspondence by email.
    40    3. The board of elections shall notify every registered voter  of  the
    41  option to register and make changes to their voter information electron-
    42  ically.
    43    §  3.  Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the
    44  election law, as amended by chapter 179 of the laws  of  2005,  subpara-
    45  graph  (xii)  of  paragraph  (k)  as added by chapter 362 of the laws of
    46  2008, are amended and a new paragraph (n) is added to read as follows:
    47    (g) Notice that the applicant must be a citizen of the United  States,
    48  [is or will be at least eighteen years old not later than December thir-
    49  ty-first  of  the  calendar  year in which he or she registers] at least
    50  sixteen years old when he or she submits an application to  register  to
    51  vote and a resident of the county or city to which application is made.
    52    (k)  The  form shall also include space for the following information,
    53  which must be contained on the inside of the form after it is folded for
    54  mailing:
    55    (i) A space for the applicant to indicate whether or not he or she has
    56  ever voted or registered to vote before and, if so, the approximate year

        A. 6270                             5
 
     1  in which such applicant last voted or registered and his or her name and
     2  address at the time.
     3    (ii) The name and residence address of the applicant including the zip
     4  code and apartment number, if any.
     5    (iii) The date of birth of the applicant.
     6    (iv) A space for the applicant to indicate his or her driver's license
     7  or  department  of motor vehicles non-driver photo ID number or the last
     8  four digits of his or her social security number or,  if  the  applicant
     9  does  not have either such number, a space for the applicant to indicate
    10  he or she does not have either.
    11    (v) A space for the applicant to indicate whether or not he or she  is
    12  a citizen of the United States and the statement "If you checked "no" in
    13  response to this question, do not complete this form."
    14    (vi) [A space for the applicant to answer the question "Will you be 18
    15  years  of  age  on  or  before  election day?" and the statement "If you
    16  checked "no" in response to this question, do  not  complete  this  form
    17  unless you will be 18 by the end of the year."
    18    (vii)] A statement informing the applicant that if the form is submit-
    19  ted by mail and the applicant is registering for the first time, certain
    20  information or documents must be submitted with the mail-in registration
    21  form  in  order  to  avoid  additional  identification requirements upon
    22  voting for the first time. Such information and documents are:
    23    (A) a driver's license or  department  of  motor  vehicles  non-driver
    24  photo ID number; or
    25    (B)  the  last four digits of the individual's social security number;
    26  or
    27    (C) a copy of a current and valid photo identification; or
    28    (D) a copy of a  current  utility  bill,  bank  statement,  government
    29  check,  paycheck  or  other  government document that shows the name and
    30  address of the voter.
    31    [(viii)] (vii) The gender of the applicant (optional).
    32    [(ix)] (viii) A space for the applicant to indicate his or her  choice
    33  of party enrollment, with a clear alternative provided for the applicant
    34  to decline to affiliate with any party.
    35    [(x)] (ix) The telephone number of the applicant (optional).
    36    [(xi)]  (x)  A  place  for the applicant to execute the form on a line
    37  which is clearly  labeled  "signature  of  applicant"  preceded  by  the
    38  following specific form of affirmation:
    39    AFFIDAVIT: I swear or affirm that:
    40       * I am a citizen of the United States.
    41       * I will have lived in the county, city, or village for at least 30
    42         days before the election.
    43       * I  meet  all  the  requirements  to  register to vote in New York
    44         State.
    45       * This is my signature or mark on the line below.
    46       * All the information contained on  this  application  is  true.  I
    47         understand that if it is not true I can be convicted and fined up
    48         to $5,000 and/or jailed for up to four years.
    49  which  form of affirmation shall be followed by a space for the date and
    50  the aforementioned line for the applicant's signature.
    51    [(xii)] (xi) A space for the applicant to register  in  the  New  York
    52  state  donate  life  registry for organ and tissue donations established
    53  pursuant to section forty-three hundred ten of the public health law.
    54    (xii) The email address of the applicant (optional).
    55    (n) Agreements adopted pursuant to section 5-200 of this title between
    56  source agencies and the state or county  boards  of  elections  are  not

        A. 6270                             6
 
     1  required  to  include  the collection or transmission of the information
     2  requested in paragraph (j) or subparagraph (i), (vii), (ix) or  (xi)  of
     3  paragraph  (k)  of  this  subdivision,  and  no board of elections shall
     4  refuse  to  register  to  vote  or update the registration record of any
     5  person in the state whose information is transmitted pursuant to section
     6  5-200 of this title for  the  reason  that  such  information  does  not
     7  include  the information requested by paragraph (j) or subparagraph (i),
     8  (vii), (viii), (ix) or (xi) of paragraph (k) of this subdivision.
     9    § 4. This act shall take effect immediately.
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