S00298 Summary:

BILL NOS00298
 
SAME ASNo Same As
 
SPONSORMURPHY
 
COSPNSRCROCI, GALLIVAN, MARCHIONE
 
MLTSPNSR
 
Amd 8-303, El L
 
Requires a valid government issued photo identification card be presented when casting a ballot.
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S00298 Actions:

BILL NOS00298
 
01/04/2017REFERRED TO ELECTIONS
01/03/2018REFERRED TO ELECTIONS
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S00298 Committee Votes:

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S00298 Floor Votes:

There are no votes for this bill in this legislative session.
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S00298 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           298
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by Sens. MURPHY, GALLIVAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Elections
 
        AN ACT to amend the election law,  in  relation  to  requiring  a  valid
          government issued photo identification card to be presented when cast-
          ing 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, 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
    16  to the appropriate election inspector, clerk or  coordinator  a  current
    17  and 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02345-01-7

        S. 298                              2

     1    (ii) a copy of a current  utility  bill,  bank  statement,  government
     2  check,  paycheck,  or  other government document that shows the name and
     3  address of the voter].
     4    (3)  A  valid and current government issued photo identification shall
     5  include: a New York state driver's license or non-driver  ID;  a  United
     6  States passport; an identification card issued by a United States educa-
     7  tional  institution;  a  United  States  military identification card; a
     8  government issued medical card or any identification card issued by  the
     9  United States or the state of New York.
    10    (b) Fail-safe voting. (1) An individual who desires to vote in person,
    11  but [who does not meet the requirements of subparagraph one of paragraph
    12  (a) of this subdivision] does not possess a current and valid government
    13  issued photo identification, may cast an affidavit ballot[, and notwith-
    14  standing this section of law, such]. Such affidavit ballot shall be duly
    15  cast  and  counted[,  even  though  such  individual  does  not meet the
    16  requirements of subparagraph one of paragraph (a) of this  subdivision,]
    17  provided  such  individual  casting such ballot is an otherwise eligible
    18  voter pursuant to law,  [provided  further]  that  the  local  board  of
    19  elections  determines the validity of the affidavit ballot and that such
    20  ballot otherwise complies with the requirements of law.
    21    (2) An individual who desires to vote by mail but who does  not  [meet
    22  the  requirements  of subparagraph two of paragraph (a) of this subdivi-
    23  sion] possess a current and valid government  issued  photo  identifica-
    24  tion,  may cast such a ballot by mail and such ballot shall be duly cast
    25  and counted[, notwithstanding this  section,]  provided  [the  voter  is
    26  determined to be an eligible voter and provided further], that the local
    27  board  of  elections  determines  the validity of the ballot by mail and
    28  that such ballot otherwise complies with the requirements of law.
    29    3. Inapplicability. Subdivisions one and two of this section shall not
    30  apply in the case of a person: (a) who registers to  vote  by  mail  and
    31  submits as part of such registration [either:
    32    (1)] a copy of a current and valid government issued photo identifica-
    33  tion; or
    34    [(2)  a  copy  of  a  current utility bill, bank statement, government
    35  check, paycheck, or government document that shows the name and  address
    36  of the voter;]
    37    (b)  [(1)]  who registers to vote by mail and submits with such regis-
    38  tration either:
    39    [(i)] (1) a driver's license or a department of  motor  vehicles  non-
    40  driver photo ID number; or
    41    [(ii)]  (2)  at  least the last four digits of the individual's social
    42  security number; and [(2)]  with  respect  to  whom  a  local  board  of
    43  elections  matches the information submitted under [subparagraph one of]
    44  this paragraph with an existing state identification record bearing  the
    45  number, name and date of birth of such voter; [or
    46    (c)  who  is:  (1)]  (3)  such  person is entitled to vote by absentee
    47  ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42
    48  U.S.C. 1973ff-1 et seq.);
    49    [(2)] (4) such person is provided the right to vote otherwise than  in
    50  person  under section 3 (b) (2) (B) (ii) of the Voting Accessibility for
    51  the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2)  (B)  (ii));
    52  or
    53    [(3)]  is  entitled  to  vote otherwise than in person under any other
    54  federal law.
    55    § 2. This act shall take effect immediately.
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