Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if the voter moves to a new county.
STATE OF NEW YORK
________________________________________________________________________
7011
2009-2010 Regular Sessions
IN ASSEMBLY
March 18, 2009
___________
Introduced by M. of A. BING, LANCMAN, ROSENTHAL, LUPARDO, COLTON, KOON,
REILLY, HOYT, MENG -- Multi-Sponsored by -- M. of A. BRENNAN, CAHILL,
GOTTFRIED, WEISENBERG -- read once and referred to the Committee on
Election Law
AN ACT to amend the election law, in relation to a universal jurisdic-
tion voting act
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 to read as follows:
5 1. The board of elections shall transfer the registration and enroll-
6 ment of any voter for whom it receives a notice of change of address to
7 another address in [the same county or city] New York state, or for any
8 voter who casts a ballot in an affidavit ballot envelope which sets
9 forth such a new address. Such notices shall include, but not be limit-
10 ed to, notices received from any state agency which conducts a voter
11 registration program pursuant to the provisions of sections 5-211 and
12 5-212 of this title, that the voter has notified such agency of a change
13 of address in [the same city or county] New York state unless the voter
14 has indicated that such change of address is not for voter registration
15 purposes, notices of change of address from the United States Postal
16 Service through the National Change of Address System, any notices of a
17 forwarding address on mail sent to a voter by the board of elections and
18 returned by the postal service, national or state voter registration
19 forms, confirmation mailing response cards, United States Postal Service
20 notices to correspondents of change of address, applications for regis-
21 tration from persons already registered in [such county or city] New
22 York state, or any other notices to correspondents sent to the board of
23 elections by such voters.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10231-01-9
A. 7011 2
1 4. If such application for registration from a voter already regis-
2 tered in [such county or city] New York state also reflects a change of
3 enrollment, the board of elections shall treat such application as an
4 application for change of enrollment pursuant to section 5-304 of this
5 article.
6 8. If the board of elections receives notice of a change of address
7 within [such city or county] New York state from, or with respect to, a
8 person who it determines is not registered in [such county or city] New
9 York state, it shall forthwith send such person a notice to that effect
10 in a form approved by the state board of elections at the new address
11 set forth in such notice of change of address, together with a voter
12 registration form.
13 § 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section
14 8-302 of the election law, as amended by chapter 200 of the laws of
15 1996, is amended to read as follows:
16 (ii) He may swear to and subscribe an affidavit stating that he has
17 duly registered to vote, the address in such election district from
18 which he registered, that he remains a duly qualified voter in such
19 election district, that his registration poll record appears to be lost
20 or misplaced or that his name and/or his signature was omitted from the
21 computer generated registration list or that he has moved within [the
22 county or city] New York state since he last registered, the address
23 from which he was previously registered and the address at which he
24 currently resides, and at a primary election, the party in which he is
25 enrolled. The inspectors of election shall offer such an affidavit to
26 each such voter whose residence address is in such election district.
27 Each such affidavit shall be in a form prescribed by the state board of
28 elections, shall be printed on an envelope of the size and quality used
29 for an absentee ballot envelope, and shall contain an acknowledgment
30 that the affiant understands that any false statement made therein is
31 perjury punishable according to law. The voter's name and the entries
32 required shall then be entered without delay and without further inquiry
33 in the fourth section of the challenge report or in the place provided
34 at the end of the computer generated registration list, with the nota-
35 tion that the voter has executed the affidavit hereinabove prescribed,
36 or, if such person's name appears on the computer generated registration
37 list, the board of elections may provide a place to make such entry next
38 to his name on such list. The voter shall then, without further inquiry,
39 be permitted to vote an emergency ballot provided for by this chapter.
40 Such ballot shall thereupon be placed in the envelope containing his
41 affidavit, and the envelope sealed and returned to the board of
42 elections in the manner provided by this chapter for protested official
43 ballots, including a statement of the number of such ballots.
44 § 3. This act shall take effect immediately.
