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
________________________________________________________________________
11080
IN ASSEMBLY
June 4, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
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 or adjacent county or city, or for any voter who casts a ballot in
10 an affidavit ballot envelope which sets forth such a new address. Such
11 notices shall include, but not be limited to, notices received from any
12 state 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 unless the voter has indicated that such change of address is not for
16 voter registration purposes, notices of change of address from the
17 United States Postal Service through the National Change of Address
18 System, any notices of a forwarding address on mail sent to a voter by
19 the board of elections and returned by the postal service, national or
20 state voter registration forms, confirmation mailing response cards,
21 United States Postal Service notices to correspondents of change of
22 address, applications for registration from persons already registered
23 in such county or city or adjacent county or city, or any other notices
24 to correspondents sent to the board of elections by such voters.
25 4. If such application for registration from a voter already regis-
26 tered in such county or city or adjacent county or city also reflects a
27 change of enrollment, the board of elections shall treat such applica-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15944-01-8
A. 11080 2
1 tion as an application for change of enrollment pursuant to section
2 5-304 of this article.
3 8. If the board of elections receives notice of a change of address
4 within such city or county or adjacent city or county from, or with
5 respect to, a person who it determines is not registered in such county
6 or city, it shall forthwith send such person a notice to that effect in
7 a form approved by the state board of elections at the new address set
8 forth in such notice of change of address, together with a voter regis-
9 tration form.
10 9. The state board of elections shall promulgate regulations as to the
11 procedures for transferring a voter from one county or city to another.
12 § 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section
13 8-302 of the election law, as amended by chapter 164 of the laws of
14 2010, is amended to read as follows:
15 (ii) He or she may swear to and subscribe an affidavit stating that he
16 or she has duly registered to vote, the address in such election
17 district from which he or she registered, that he or she remains a duly
18 qualified voter in such election district, that his or her registration
19 poll record appears to be lost or misplaced or that his or her name
20 and/or his or her signature was omitted from the computer generated
21 registration list or that he or she has moved within the county or city
22 or adjacent county or city since he or she last registered, the address
23 from which he or she was previously registered and the address at which
24 he or she currently resides, and at a primary election, the party in
25 which he or she is enrolled. The inspectors of election shall offer such
26 an affidavit to each such voter whose residence address is in such
27 election district. Each such affidavit shall be in a form prescribed by
28 the state board of elections, shall be printed on an envelope of the
29 size and quality used for an absentee ballot envelope, and shall contain
30 an acknowledgment that the affiant understands that any false statement
31 made therein is perjury punishable according to law. Such form
32 prescribed by the state board of elections shall request information
33 required to register such voter should the county board determine that
34 such voter is not registered and shall constitute an application to
35 register to vote. The voter's name and the entries required shall then
36 be entered without delay and without further inquiry in the fourth
37 section of the challenge report or in the place provided at the end of
38 the computer generated registration list, with the notation that the
39 voter has executed the affidavit hereinabove prescribed, or, if such
40 person's name appears on the computer generated registration list, the
41 board of elections may provide a place to make such entry next to his or
42 her name on such list. The voter shall then, without further inquiry,
43 be permitted to vote an affidavit ballot provided for by this chapter.
44 Such ballot shall thereupon be placed in the envelope containing his or
45 her affidavit, and the envelope sealed and returned to the board of
46 elections in the manner provided by this chapter for protested official
47 ballots, including a statement of the number of such ballots.
48 § 3. This act shall take effect on the sixtieth day after it shall
49 have become a law.
