STATE OF NEW YORK
________________________________________________________________________
619--B
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sens. GIANARIS, ADDABBO, AVELLA, DILAN, HASSELL-THOMPSON,
HOYLMAN, KENNEDY, KRUEGER, MONTGOMERY, PERALTA, PERKINS, SAMPSON,
SERRANO, STAVISKY, STEWART-COUSINS, TKACZYK -- read twice and ordered
printed, and when printed to be committed to the Committee on
Elections -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Elections in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the election law, in relation to enacting the "voter
empowerment 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. Short title. This act shall be known and may be cited as
2 the "voter empowerment act of New York".
3 § 2. Section 5-104 of the election law is amended by adding a new
4 subdivision 3 to read as follows:
5 3. The provisions set forth in subdivision one of this section regard-
6 ing the right of students to register and vote shall be interpreted in a
7 manner consistent with the constitutional requirement that each citizen
8 must be permitted to vote in that community which is the "locus of ...
9 primary concern" to that citizen at the time of the election. According-
10 ly, a student attending a college or university in this state shall be
11 permitted to retain his or her parental residence for voting purposes if
12 the parental community remains the locus of the student's primary
13 concern or, in the alternative, a student shall be permitted to register
14 and vote from his or her residence within the college or university
15 community if he or she regards the college or university as the communi-
16 ty of primary concern.
17 § 3. The election law is amended by adding a new section 5-200 to read
18 as follows:
19 § 5-200. Automated voter registration. 1. Notwithstanding any other
20 manner of registration required by this article, each person in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01374-04-4
S. 619--B 2
1 state qualified to vote pursuant to section 5-102 of this article, shall
2 be automatically registered to vote as provided in this section,
3 provided that the person consents to voter registration.
4 2. The state board of elections or county board of elections shall
5 register to vote or update the registration record of any person in the
6 state qualified to vote pursuant to section 5-102 of this article who
7 consents to the registration or update and does any of the following:
8 (a) completes an application for a new or renewed driver's license,
9 non-driver identification card, pre-licensing course certificate,
10 learner's permit or certification of supervised driving with the depart-
11 ment of motor vehicles, or notifies such department in writing of a
12 change of his or her name or address;
13 (b) completes an application for services, renewal or recertification
14 for services, or change of address relating to such services from agen-
15 cies designated in section 5-211 of this title;
16 (c) completes an application for services, renewal or recertification
17 for services, or change of address relating to such services from any
18 municipal housing authority as set forth in article thirteen of the
19 public housing law;
20 (d) registers for classes at institutions of the state university of
21 New York and the city university of New York;
22 (e) completes a maximum sentence of imprisonment or is discharged from
23 parole;
24 (f) completes an application for unemployment insurance;
25 (g) becomes a member or employee of the New York division of military
26 and naval affairs; or
27 (h) completes an application with any other state or federal agency
28 designated as a source agency pursuant to paragraph (b) of subdivision
29 three of this section.
30 3. (a) The term "source agency" includes the department of motor vehi-
31 cles, any government agency designated pursuant to section 5-211 of this
32 title, the state university of New York and the city university of New
33 York, all public housing authorities listed in article thirteen of the
34 public housing law, the department of corrections and community super-
35 vision, the department of labor, the New York division of military and
36 naval affairs and any agency designated by the state board of elections
37 pursuant to paragraph (b) of this subdivision.
38 (b) The state board of elections may designate additional state agen-
39 cies to serve as sources for voter registration. In designating an agen-
40 cy under this paragraph, the state board of elections shall consider:
41 (i) the likelihood that source records reflect a large number of
42 eligible citizens;
43 (ii) the extent to which source records reflect eligible citizens who
44 would not otherwise be registered under the act to modernize voter
45 registration;
46 (iii) the accuracy of personal identification data in source records;
47 and
48 (iv) any additional factors designated by the chief election official
49 as reasonably related to accomplishing the purposes of the act to
50 modernize voter registration.
51 4. The state board of elections and the source agencies shall enter
52 into agreements to ensure that for each person described in subdivision
53 two of this section, each source agency electronically transmits to the
54 state or local boards of elections the following information in a format
55 that can be read by the computerized statewide voter registration list:
56 (a) given name or names and surname or surnames;
S. 619--B 3
1 (b) mailing address and residential address;
2 (c) date of birth;
3 (d) citizenship;
4 (e) driver's license or non-driver identification card number, last
5 four digits of the person's social security number, or a space for the
6 person to indicate that he or she does not have any such number;
7 (f) political party enrollment, if any;
8 (g) an indication that the person intends to apply for an absentee
9 ballot, if any; and
10 (h) an image of the person's signature.
11 In the event that any transmission of data pursuant to this section
12 fails to include an image of an individual's signature, the absence of a
13 signature shall not preclude the registration of an eligible citizen.
14 The board of elections shall develop procedures to enable an eligible
15 citizen, whose information is transmitted pursuant to this section and
16 whose information lacks an electronic signature, to provide a signature
17 at the polling place or with an application for an absentee ballot
18 before voting. The board may require an elector who has not provided a
19 signature before arriving at the polling place or submitting an absentee
20 ballot to present a current and valid photo identification or a copy of
21 a current utility bill, bank statement, government check, paycheck, or
22 other government document that shows the name and address of the voter.
23 5. If an agency does not routinely request information concerning the
24 citizenship status of individuals, it shall maintain records sufficient
25 to transmit to the board of elections indications of United States citi-
26 zenship for each person described in subdivision two of this section,
27 but shall not retain, use, or share any such information relating to an
28 individual's citizenship for any other purpose.
29 6. The state board of elections shall prepare and distribute to
30 participating agencies written instructions as to the implementation of
31 the program and shall be responsible for establishing training programs
32 for employees of source agencies listed in this section. Training shall
33 include requirements that employees of any source agency communicate to
34 each individual identified in subdivision two of this section that the
35 source agency maintains strict neutrality with respect to a person's
36 party enrollment and all persons seeking voter registration forms and
37 information shall be advised that government services are not condi-
38 tioned on being registered to vote, or eligibility to register to vote.
39 No statement shall be made nor any action taken to discourage the appli-
40 cant from registering to vote.
41 7. The agreements between the state board of elections and the source
42 agencies shall include the format in which information will be transmit-
43 ted, whether and how each entity will collect, in addition to the manda-
44 tory information listed in subdivision four of this section, additional
45 information on a voluntary basis from persons for the purpose of facili-
46 tating voter registration, the frequency of data transmissions, the
47 procedures, and other measures that will be used to ensure the security
48 and privacy of the information transmitted, and any other matter neces-
49 sary or helpful to implement the requirements of this section.
50 8. Each source agency shall cooperate with the state board of
51 elections and county board of elections to facilitate the voter regis-
52 tration of each person described in subdivision two of this section, and
53 to electronically transmit the information needed to register each such
54 person to vote or to update each such person's voter registration
55 record.
S. 619--B 4
1 9. Each source agency shall enter into an agreement with the state
2 board of elections finalizing the format and content of electronic tran-
3 smissions required by this section no later than September first, two
4 thousand fourteen; provided, that each source agency shall be able to
5 comply fully with all requirements of this section, including the
6 collection and transmission of all data required to register individuals
7 to vote, by January first, two thousand fifteen.
8 § 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
9 vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
10 as added by chapter 659 of the laws of 1994, are amended to read as
11 follows:
12 1. The board of elections shall transfer the registration and enroll-
13 ment of any voter for whom it receives a notice of change of address to
14 another address in the [same county or city] state, or for any voter who
15 [casts] submits a ballot in an affidavit ballot envelope which sets
16 forth such a new address. Such notices shall include, but not be limit-
17 ed to, notices received from any state agency which conducts a voter
18 registration program pursuant to the provisions of sections 5-211 and
19 5-212 of this title or which transmit information, that the voter has
20 notified such agency of a change of address in the [same city or county]
21 state unless the voter has indicated that such change of address is not
22 for voter registration purposes, notices of change of address from the
23 United States Postal Service through the National Change of Address
24 System, any notices of a forwarding address on mail sent to a voter by
25 the board of elections and returned by the postal service, national or
26 state voter registration forms, confirmation mailing response cards,
27 United States Postal Service notices to correspondents of change of
28 address, applications for registration from persons already registered
29 in such county or city, or any other notices to correspondents sent to
30 the board of elections by such voters.
31 6. If a notice sent pursuant to [subdivision five of] this section is
32 returned [by the postal service] as undeliverable and without a forward-
33 ing address, the board of elections shall return the registration of
34 such voter to the original address, send such voter a confirmation
35 notice pursuant to the provisions of subdivision one of section 5-712 of
36 this [title] article and place such voter in inactive status.
37 § 5. Subdivision 3 of section 5-208 of the election law, as added by
38 chapter 659 of the laws of 1994, is amended to read as follows:
39 3. If such a notice is received at least [twenty] ten days before a
40 primary, special or general election, such change of address must be
41 completed before such election. If such a notice is not received at
42 least ten days before a primary, special or general election, then a
43 voter may vote in accordance with subdivision three-d of section 8-302
44 of this chapter.
45 § 6. Subdivision 1 of section 4-117 of the election law, as amended by
46 chapter 288 of the laws of 2009, is amended to read as follows:
47 1. The board of elections, between August first and August fifth of
48 each year, shall send by first class mail on which is endorsed "ADDRESS
49 CORRECTION REQUESTED" and which contains a request that any such mail
50 received for persons not residing at the address be dropped back in the
51 mail, a communication, in a form approved by the state board of
52 elections, to every registered voter who has been registered without a
53 change of address since the beginning of such year, except that the
54 board of elections shall not be required to send such communications to
55 voters in inactive status. The communication shall notify the voter of
56 the days and hours of the ensuing primary and general elections, the
S. 619--B 5
1 place where he appears by his registration records to be entitled to
2 vote, the fact that voters who have moved or will have moved from the
3 address where they were last registered must [re-register or, that if
4 such move was to another address in the same county or city, that such
5 voter may] either notify the board of elections of his new address or
6 vote by paper ballot at the polling place for his new address even if
7 such voter has not re-registered, or otherwise notified the board of
8 elections of the change of address. If the location of the polling place
9 for the voter's election district has been moved, the communication
10 shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
11 BEEN CHANGED. YOU NOW VOTE AT..........". The communication shall also
12 indicate whether the polling place is accessible to physically disabled
13 voters, that a voter who will be out of the city or county on the day of
14 the primary or general election or a voter who is ill or physically
15 disabled may obtain an absentee ballot, that a physically disabled voter
16 whose polling place is not accessible may request that his registration
17 record be moved to an election district which has a polling place which
18 is accessible, the phone number to call for applications to move a
19 registration record or for absentee ballot applications, the phone
20 number to call for the location of registration and polling places, the
21 phone number to call to indicate that the voter is willing to serve on
22 election day as an election inspector, poll clerk, interpreter or in
23 other capacities, the phone number to call to obtain an application for
24 registration by mail, and such other information concerning the
25 elections or registration as the board may include. In lieu of sending
26 such communication to every registered voter, the board of elections may
27 send a single communication to a household containing more than one
28 registered voter, provided that the names of all such voters appear as
29 part of the address on such communication.
30 § 7. Paragraph (a) of subdivision 1 of section 5-400 of the election
31 law, as amended by chapter 659 of the laws of 1994, is amended to read
32 as follows:
33 (a) Moved his or her residence outside the [city or county in which he
34 is registered] state.
35 § 8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
36 the election law, paragraphs (b) and (d) as added by section 20 and
37 paragraph (c) as added and paragraph (d) as relettered by section 22 of
38 chapter 659 of the laws of 1994, are amended to read as follows:
39 (b) A notice that the registrant has moved to an address outside the
40 [city or county] state which is signed by the registrant and sent to the
41 board of elections.
42 (c) A notice signed by the registrant which states that such regis-
43 trant has moved to an address outside the [city or county] state and
44 that such change of address is for voter registration purposes.
45 (d) A notice from a board of elections or other voter registration
46 officer or agency that such person has registered to vote from an
47 address outside [such city or county] the state.
48 § 9. Subdivision 3 of section 5-210 of the election law, as amended by
49 chapter 179 of the laws of 2005, is amended to read as follows:
50 3. Completed application forms, when received by any county board of
51 elections and, with respect to application forms promulgated by the
52 federal election commission, when received by the state board of
53 elections, or showing a dated cancellation mark of the United States
54 Postal Service or contained in an envelope showing such a dated cancel-
55 lation mark which is not later than the [twenty-fifth] tenth day before
56 the next ensuing primary, general or special election, and received no
S. 619--B 6
1 later than the [twentieth] fifth day before such election, or delivered
2 in person to such county board of elections not later than the tenth day
3 before a special election, shall entitle the applicant to vote in such
4 election, if he or she is otherwise qualified, provided, however, such
5 applicant shall not vote on a voting machine until his or her identity
6 is verified. Any county board of elections receiving an application form
7 from a person who does not reside in its jurisdiction but who does
8 reside elsewhere in the state of New York, shall forthwith forward such
9 application form to the proper county board of elections. Each board of
10 elections shall make an entry on each such form of the date it is
11 received by such board.
12 § 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the
13 election law, as amended by chapter 179 of the laws of 2005, subpara-
14 graph (xii) of paragraph (k) as added by chapter 362 of the laws of
15 2008, are amended and a new paragraph (n) is added to read as follows:
16 (g) Notice that the applicant must be a citizen of the United States,
17 is [or will be at least eighteen years old not later than December thir-
18 ty-first of the calendar year in which he or she registers] at least
19 sixteen years old when he or she submits an application to register to
20 vote and a resident of the county or city to which application is made.
21 (k) The form shall also include space for the following information,
22 which must be contained on the inside of the form after it is folded for
23 mailing:
24 (i) A space for the applicant to indicate whether or not he or she has
25 ever voted or registered to vote before and, if so, the approximate year
26 in which such applicant last voted or registered and his or her name and
27 address at the time.
28 (ii) The name and residence address of the applicant including the zip
29 code and apartment number, if any.
30 (iii) The date of birth of the applicant.
31 (iv) A space for the applicant to indicate his or her driver's license
32 or department of motor vehicles non-driver photo ID number or the last
33 four digits of his or her social security number or, if the applicant
34 does not have either such number, a space for the applicant to indicate
35 he or she does not have either.
36 (v) A space for the applicant to indicate whether or not he or she is
37 a citizen of the United States and the statement "If you checked "no" in
38 response to this question, do not complete this form."
39 (vi) [A space for the applicant to answer the question "Will you be 18
40 years of age on or before election day?" and the statement "If you
41 checked "no" in response to this question, do not complete this form
42 unless you will be 18 by the end of the year."
43 (vii)] A statement informing the applicant that if the form is submit-
44 ted by mail and the applicant is registering for the first time, certain
45 information or documents must be submitted with the mail-in registration
46 form in order to avoid additional identification requirements upon
47 voting for the first time. Such information and documents are:
48 (A) a driver's license or department of motor vehicles non-driver
49 photo ID number; or
50 (B) the last four digits of the individual's social security number;
51 or
52 (C) a copy of a current and valid photo identification; or
53 (D) a copy of a current utility bill, bank statement, government
54 check, paycheck or other government document that shows the name and
55 address of the voter.
56 [(viii)] (vii) The gender of the applicant (optional).
S. 619--B 7
1 [(ix)] (viii) A space for the applicant to indicate his or her choice
2 of party enrollment, with a clear alternative provided for the applicant
3 to decline to affiliate with any party.
4 [(x)] (ix) The telephone number of the applicant (optional).
5 [(xi)] (x) A place for the applicant to execute the form on a line
6 which is clearly labeled "signature of applicant" preceded by the
7 following specific form of affirmation:
8 AFFIDAVIT: I swear or affirm that:
9 * I am a citizen of the United States.
10 * I will have lived in the county, city, or village for at least 30
11 days before the election.
12 * I meet all the requirements to register to vote in New York
13 State.
14 * This is my signature or mark on the line below.
15 * All the information contained on this application is true. I
16 understand that if it is not true I can be convicted and fined up
17 to $5,000 and/or jailed for up to four years.
18 which form of affirmation shall be followed by a space for the date and
19 the aforementioned line for the applicant's signature.
20 [(xii)] (xi) A space for the applicant to register in the New York
21 state donate life registry for organ and tissue donations established
22 pursuant to section forty-three hundred ten of the public health law.
23 (xii) The email address of the applicant (optional).
24 (n) Agreements adopted pursuant to section 5-200 of this title between
25 source agencies and the state or county boards of elections are not
26 required to include the collection or transmission of the information
27 requested in paragraph (j) or subparagraph (i), (vii), (ix) or (xi) of
28 paragraph (k) of this subdivision, and no board of election shall refuse
29 to register to vote or update the registration record of any person in
30 the state whose information is transmitted pursuant to section 5-200 of
31 this title for the reason that such information does not include the
32 information requested by paragraph (j) or subparagraph (i), (vii),
33 (viii), (ix) or (xi) of paragraph (k) of this subdivision.
34 § 11. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
35 as amended by chapter 179 of the laws of 2005, are amended to read as
36 follows:
37 9. The county board of elections shall, promptly and in any event, not
38 later than twenty-one days after receipt by it of the application, veri-
39 fy the identity of the applicant, except if such board receives the
40 application within twenty-one days of a special, primary or general
41 election, the board shall verify the identity of the applicant within
42 five days or before such election, whichever shall be sooner. In order
43 to do so, the county board of elections shall utilize the information
44 provided in the application and shall attempt to verify such information
45 with the information provided by the department of motor vehicles,
46 social security administration and any other lawful available informa-
47 tion source. If the county board of elections is unable to verify the
48 identity of the applicant within twenty-one days of the receipt of the
49 application, it shall immediately take steps to confirm that the infor-
50 mation provided by the applicant was accurately utilized by such county
51 board of elections, was accurately verified with other information
52 sources and that no data entry error, or other similar type of error,
53 occurred. Following completion of the preceding steps, the county board
54 of elections shall mail (a) a notice of its approval, (b) a notice of
55 its approval which includes an indication that such board has not yet
56 been able to verify the identity of the applicant and a request for more
S. 619--B 8
1 information so that such verification may be completed, or (c) a notice
2 of its rejection of the application to the applicant in a form approved
3 by the state board of elections. Notices of approval, notices of
4 approval with requests for more information or notices of rejection
5 shall be sent by nonforwardable first class or return postage guaranteed
6 mail on which is endorsed "ADDRESS CORRECTION REQUESTED" and which
7 contains a request that any such mail received for persons not residing
8 at the address be dropped back in the mail. The voter's registration and
9 enrollment shall be complete upon receipt of the application by the
10 appropriate county board of elections. The failure of a county board of
11 elections to verify an applicant's identity shall not be the basis for
12 the rejection of a voter's application, provided, however, that such
13 verification failure shall be the basis for requiring county board of
14 elections to take the additional verification steps provided by this
15 chapter. The notice shall also advise the registrant of the date when
16 his registration and enrollment is effective, of the date and the hours
17 of the next regularly scheduled primary or general election in which he
18 will be eligible to vote, of the location of the polling place of the
19 election district in which he is or will be a qualified voter, whether
20 such polling place is accessible to physically handicapped voters, an
21 indication that physically handicapped voters or voters who are ill or
22 voters who will be out of the city or county on the day of the primary
23 or general election, may obtain an absentee ballot and the phone number
24 to call for absentee ballot applications, the phone numbers to call for
25 location of polling places, to obtain registration forms and the phone
26 number to call to indicate that the voter is willing to serve on
27 election day as an inspector, poll clerk or interpreter. The notice of
28 approval, notice of approval with request for more information or notice
29 of rejection shall also advise the applicant to notify the board of
30 elections if there is any inaccuracy. The form of such mail notification
31 shall be prescribed by the state board of elections and shall contain
32 such other information and instructions as it may reasonably require to
33 carry out the purposes of this section. The request for more information
34 shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF
35 ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE
36 REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
37 TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such
38 notice is returned undelivered without a new address, the board shall
39 forthwith send such applicant a confirmation notice pursuant to the
40 provisions of section 5-712 of this article and place such applicant in
41 inactive status. The state board of elections shall prepare uniform
42 notices by this section as provided for in subdivision eight of section
43 3-102 of this chapter.
44 11. If the county board of elections suspects or believes that for any
45 reason the applicant is not entitled to registration and enrollment, it
46 shall make inquiry in reference thereto. If the board of elections shall
47 find that the applicant is not qualified to register and enroll, the
48 application shall be rejected and the applicant notified of such
49 rejection and the reason therefor, no later than ten days before the day
50 of the first primary or general election occurring at least [twenty-
51 five] ten days after the filing of the application, except that if the
52 application was submitted between twenty-five and ten days before the
53 day of the first primary or general election, such board shall notify
54 the applicant at least five days before such election.
55 14. Notwithstanding the entry by the county board of elections on the
56 registration poll record of the information contained on an application
S. 619--B 9
1 form prescribed by this section, such entry shall not preclude the coun-
2 ty board of elections from subsequently rejecting the application if it
3 is not satisfied that the applicant is entitled to register and enroll
4 as provided by this section, provided that the applicant is notified of
5 such rejection and reasons therefor no later than ten days before the
6 day of the first primary or general election occurring at least [twen-
7 ty-five] ten days after the filing of such application form, except that
8 if the application was submitted between twenty-five and ten days before
9 the day of the first primary or general election, such board shall noti-
10 fy the applicant at least five days before such election.
11 § 12. Subdivisions 11 and 12 of section 5-211 of the election law,
12 subdivision 11 as amended by chapter 200 of the laws of 1996 and subdi-
13 vision 12 as added by chapter 659 of the laws of 1994, are amended to
14 read as follows:
15 11. The participating agency shall transmit [the completed applica-
16 tions for registration and change of address forms] all information
17 collected pursuant to section 5-200 of this title to the appropriate
18 board of elections not later than ten days after receipt except that all
19 such completed applications and forms received by the agency between the
20 thirtieth and twenty-fifth day before an election shall be transmitted
21 in such manner and at such time as to assure their receipt by such board
22 of elections not later than the twentieth day before such election.
23 12. [Completed application forms, when received] All information
24 collected pursuant to section 5-200 of this title by a participating
25 agency not later than the twenty-fifth day before the next ensuing
26 primary, general or special election and transmitted by such agency to
27 the appropriate board of elections so that they are received by such
28 board not later than the twentieth day before such election shall enti-
29 tle the applicant to vote in such election provided the board determines
30 that the applicant is otherwise qualified.
31 § 13. Subdivisions 11 and 12 of section 5-211 of the election law, as
32 amended by section twelve of this act, are amended to read as follows:
33 11. The participating agency shall transmit all information collected
34 pursuant to section 5-200 of this title to the appropriate board of
35 elections not later than ten days after receipt except that all such
36 completed applications and forms received by the agency between the
37 [thirtieth] fifteenth and [twenty-fifth] tenth day before an election
38 shall be transmitted in such manner and at such time as to assure their
39 receipt by such board of elections not later than the [twentieth] fifth
40 day before such election.
41 12. All information collected pursuant to section 5-200 of this title
42 by a participating agency not later than the [twenty-fifth] tenth day
43 before the next ensuing primary, general or special election and trans-
44 mitted by such agency to the appropriate board of elections so that they
45 are received by such board not later than the [twentieth] fifth day
46 before such election shall entitle the applicant to vote in such
47 election provided the board determines that the applicant is otherwise
48 qualified.
49 § 14. Subdivision 14 of section 5-211 of the election law, as amended
50 by chapter 200 of the laws of 1996, is amended and two new subdivisions
51 18 and 19 are added to read as follows:
52 14. Applications shall be processed by the board of elections in the
53 manner prescribed by [section] sections 5-200 and 5-210 of this title
54 or, if the applicant is already registered to vote from another address
55 in the county or city, in the manner prescribed by section 5-208 of this
56 title. The board shall send the appropriate notice of approval or
S. 619--B 10
1 rejection as required by either subdivision nine of such section 5-210
2 or subdivision five of such section 5-208.
3 18. All colleges, universities and public school districts located in
4 this state shall make voter registration forms available to any students
5 eligible to register or pre-register to vote under paragraph (g) of
6 subdivision five of section 5-210 of this title in the same manner and
7 subject to the same provisions and rules and regulations as all other
8 designated agencies under this section; except that a college, universi-
9 ty or public school district that is not otherwise designated as a
10 source agency pursuant to section 5-200 of this title shall not be
11 required to collect or maintain forms containing a person's declination
12 to register to vote as required by subdivision ten of this section, or
13 to conduct a study and report thereon as required by subdivision seven-
14 teen of this section.
15 19. The state board of elections or, in the city of New York, the New
16 York city board of elections, shall provide to public colleges, univer-
17 sities, and school districts a sufficient quantity of coded voter regis-
18 tration applications that identify each such application as originating
19 from either a public college, university, or school district. The state
20 board of elections shall provide for the delivery of such coded applica-
21 tions by the first day of August of each year to each college, universi-
22 ty, or school district covered by this chapter, except that the New York
23 city board of elections shall provide and deliver such forms to each
24 participating public university, college, or school district located in
25 the city of New York. Every board of elections scanning voter registra-
26 tion forms shall capture any designated agency codes thereon and report
27 them on a monthly basis to the state board of elections which shall make
28 such detailed information available to the public.
29 § 15. Subdivisions 6 and 7 of section 5-212 of the election law,
30 subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
31 sion 7 as added by chapter 659 of the laws of 1994, are amended to read
32 as follows:
33 6. The department of motor vehicles shall transmit [that portion of
34 the form which constitutes the completed application for registration or
35 change of address form] all information collected pursuant to section
36 5-200 of this title to the appropriate board of elections not later than
37 ten days after receipt except that all such completed applications and
38 forms received by the department between the thirtieth and twenty-fifth
39 day before an election shall be transmitted in such manner and at such
40 time as to assure their receipt by such board of elections not later
41 than the twentieth day before such election. All transmittals shall
42 include original signatures or an electronic image thereof as required
43 by subdivision four of section 5-200 of this title.
44 7. [Completed application forms received] All information collected
45 pursuant to section 5-200 of this title by the department of motor vehi-
46 cles not later than the twenty-fifth day before the next ensuing prima-
47 ry, general or special election and transmitted by such department to
48 the appropriate board of elections so that they are received not later
49 than the twentieth day before such election shall entitle the applicant
50 to vote in such election provided the board determines that the appli-
51 cant is otherwise qualified.
52 § 16. Subdivisions 6 and 7 of section 5-212 of the election law, as
53 amended by section fifteen of this act, are amended to read as follows:
54 6. The department of motor vehicles shall transmit all information
55 collected pursuant to section 5-200 of this title to the appropriate
56 board of elections not later than ten days after receipt except that all
S. 619--B 11
1 such completed applications and forms received by the department between
2 the [thirtieth] fifteenth and [twenty-fifth] tenth day before an
3 election shall be transmitted in such manner and at such time as to
4 assure their receipt by such board of elections not later than the
5 [twentieth] fifth day before such election. All transmittals shall
6 include original signatures or an electronic image thereof as required
7 by subdivision four of section 5-200 of this title.
8 7. All information collected pursuant to section 5-200 of this title
9 by the department of motor vehicles not later than the [twenty-fifth]
10 tenth day before the next ensuing primary, general or special election
11 and transmitted by such department to the appropriate board of elections
12 so that they are received not later than the [twentieth] fifth day
13 before such election shall entitle the applicant to vote in such
14 election provided the board determines that the applicant is otherwise
15 qualified.
16 § 17. Subdivision 3 of section 5-213 of the election law, as amended
17 by chapter 200 of the laws of 1996, is amended to read as follows:
18 3. The board of elections shall restore the registration of any such
19 voter to active status if such voter notifies the board of elections
20 that he resides at the address from which he is registered, or the board
21 finds that such voter has validly signed a designating or nominating
22 petition which states that he resides at such address, or if such voter
23 casts a ballot in an affidavit envelope which states that he resides at
24 such address, or if the board receives notice that such voter has voted
25 in an election conducted with registration lists prepared pursuant to
26 the provisions of section 5-612 of this article. If any such notifica-
27 tion or information is received [twenty] ten days or more before a
28 primary, special or general election, the voter's name must be restored
29 to active status for such election.
30 § 18. Subdivision 3 of section 5-304 of the election law, as amended
31 by chapter 90 of the laws of 1991, is amended to read as follows:
32 3. A change of enrollment received by the board of elections, showing
33 a dated cancellation mark of the United States Postal Service or
34 contained in an envelope showing such cancellation mark which is dated,
35 not later than the twenty-fifth day before the [general election shall
36 be deposited in a sealed enrollment box, which shall not be opened until
37 the first Tuesday following such general election. Such change of
38 enrollment shall be then removed and entered as provided in this arti-
39 cle] next ensuing primary, general or special election, and received no
40 later than the fifth day before such election or delivered in person to
41 such county board of elections not later than the tenth day before a
42 primary, general or special election, shall be effective for such
43 election. Enrollment changes shall be entered as provided in this arti-
44 cle and shall be deemed to take effect on the tenth day after such
45 change of enrollment is received by the board of elections or if the
46 change of enrollment, or the envelope containing it, bears a dated
47 cancellation mark of the United States Postal Service, such change shall
48 be entered and shall be deemed to take effect on the tenth day after the
49 date of such mark, whichever is earlier; except that no change will take
50 effect sooner than the fifth day after the receipt of such change of
51 enrollment by the board of elections.
52 § 19. The opening paragraph of paragraph (e) of subdivision 3 of
53 section 8-302 of the election law, as amended by chapter 125 of the laws
54 of 2011, is amended to read as follows:
55 Whenever a voter presents himself or herself and offers to cast a
56 ballot, and he or she claims to live in the election district in which
S. 619--B 12
1 he or she seeks to vote but no registration poll record can be found for
2 him or her in the poll ledger or his or her name does not appear on the
3 computer generated registration list or his or her signature does not
4 appear next to his or her name on such computer generated registration
5 list or his or her registration poll record or the computer generated
6 registration list does not show him or her to be enrolled in the party
7 in which he or she claims to be enrolled and the voter is not otherwise
8 eligible to cast an affidavit ballot pursuant to subdivision three-d of
9 this section, a poll clerk or election inspector shall consult a map,
10 street finder or other description of all of the polling places and
11 election districts within the political subdivision in which said
12 election district is located and if necessary, contact the board of
13 elections to obtain the relevant information and advise the voter of the
14 correct polling place and election district for the residence address
15 provided by the voter to such poll clerk or election inspector. There-
16 after, such voter shall be permitted to vote in said election district
17 only as hereinafter provided:
18 § 20. Section 8-302 of the election law is amended by adding a new
19 subdivision 3-d to read as follows:
20 3-d. A person appearing on election day whose name cannot be found or
21 whose information is incomplete or incorrect on the statewide voter
22 registration list and who affirms that that he or she interacted with a
23 source agency listed in subdivision three of section 5-200 of this chap-
24 ter and consented to voter registration shall be permitted to cast an
25 affidavit ballot. Such affidavit ballot shall be counted if at the poll-
26 ing place, the person presents proof of identity and evidence of regis-
27 tering to vote or performing any of the activities specified in subdivi-
28 sion two of section 5-200 of this chapter, and there is no affirmative
29 proof that the person is ineligible to register to vote or that the
30 person did not register or perform any of the activities specified in
31 subdivision two of section 5-200 of this chapter.
32 (a) A person may swear to and subscribe to an affidavit stating that
33 the person has registered to vote or performed any of the activities in
34 subdivision two of section 5-200 of this chapter and consented to use
35 agency information for voter registration. That affidavit shall be
36 sufficient evidence of registering to vote or performing any of the
37 activities specified in subdivision two of section 5-200 of this chapter
38 for the purposes of this section.
39 (b) A person without identification may swear to and subscribe to an
40 affidavit stating that the person did not present documentary proof of
41 identity, but that all of the identifying information on the affidavit
42 ballot envelope is complete and accurate. That affidavit shall be suffi-
43 cient evidence of identity for the purposes of this section. Nothing in
44 this subdivision shall be deemed to override the provisions of subdivi-
45 sion two-a of this section governing the requirements for a person whose
46 name appears in the computer generated registration list with a notation
47 indicating that the voter's identity was not yet verified as required by
48 the federal Help America Vote Act.
49 § 21. Subdivision 11 of section 5-614 of the election law, as added by
50 chapter 24 of the laws of 2005, is amended to read as follows:
51 11. The state board of elections shall establish a statewide voter
52 [hotline using information available through the statewide voter regis-
53 tration list for voters to obtain information regarding their voter
54 registration] registration information system available through a secure
55 public website accessible from the website of the state board of
S. 619--B 13
1 elections and through a toll-free telephone number maintained by the
2 state board of elections. The information system shall:
3 a. allow any voter:
4 (i) to review the voter registration information represented on the
5 statewide voter registration list for that voter;
6 (ii) to submit a confidential request to correct or update the voter's
7 voter registration information, which shall be sent to the applicable
8 county board of elections; and
9 (iii) to determine the location of the polling place to which the
10 voter is assigned;
11 b. provide an interface that allows any person:
12 (i) to determine the location of the polling place associated with any
13 residential address within the state; and
14 (ii) to determine whether he or she is represented on the statewide
15 voter registration list; and
16 c. provide a secure website interface that allows any eligible citizen
17 who is not represented on the statewide voter registration list to view
18 the notices contained on an application form under section 5-210 of this
19 article and to confidentially submit, through the interface, the data
20 collected on such application form to the state board of elections. Upon
21 receipt of such data, the state board of elections shall forward the
22 information to the local board of elections of the county or city where
23 the citizen resides. Such data shall be processed as an application form
24 submitted by mail pursuant to section 5-210 of this article, subject to
25 the requirements of section 303(b) of the Help America Vote Act of 2002
26 (42 U.S.C. § 15483(b)), except that the absence of a written signature
27 shall not render the application incomplete or otherwise preclude the
28 registration of an eligible citizen.
29 For any eligible citizen attempting to use the system established
30 under this subdivision to submit information that will not be processed
31 as valid for the proximate election, the system must notify the citizen
32 at the time of the submission that the update will not take effect for
33 the proximate election. If the citizen is attempting to use the system
34 established under this subdivision to correct or update voter registra-
35 tion information under this section, the system must also notify the
36 citizen that he or she may use the election-day procedure provided in
37 subdivision three-d of section 8-302 of this chapter.
38 The board of elections shall develop procedures to enable an eligible
39 citizen who submits an application pursuant to this subdivision and
40 whose application lacks an electronic signature to provide a signature
41 at the polling place or with an application for an absentee ballot
42 before voting. The board of elections may require an elector who has not
43 provided a signature before arriving at the polling place or submitting
44 an absentee ballot to present a current and valid photo identification
45 or a copy of a current utility bill, bank statement, government check,
46 paycheck, or other government document that shows the name and address
47 of the voter.
48 § 22. Subdivision 3 of section 8-510 of the election law, as amended
49 by chapter 43 of the laws of 1988, is amended to read as follows:
50 3. The inspectors shall place such completed report, and each court
51 order, if any, directing that a person be permitted to vote, and each
52 affidavit completed pursuant to subdivision three-d of section 8-302 of
53 this article, inside a ledger of registration records or computer gener-
54 ated registration lists between the front cover, and the first registra-
55 tion record and then shall close and seal each ledger of registration
56 records or computer generated registration lists, affix their signature
S. 619--B 14
1 to the seal, lock such ledger in the carrying case furnished for that
2 purpose and enclose the keys in a sealed package or seal such list in
3 the envelope provided for that purpose.
4 § 23. The election law is amended by adding a new section 17-138 to
5 read as follows:
6 § 17-138. Discrimination and harassment. No person acting under color
7 of any provision of law may harass or discriminate against or assist
8 others in harassing or discriminating against any person on the basis of
9 the information supplied by the person for voter registration purposes,
10 a person's declination to register to vote or to supply information for
11 voter registration purposes, or a person's absence from the statewide
12 voter registration list except as required to administer elections or
13 enforce election laws.
14 § 24. Subdivision 1 of section 3-220 of the election law, as amended
15 by chapter 104 of the laws of 2010, is amended to read as follows:
16 1. All registration records, certificates, lists, and inventories
17 referred to in, or required by, this chapter shall be public records and
18 open to public inspection under the immediate supervision of the board
19 of elections or its employees and subject to such reasonable regulations
20 as such board may impose, provided, however, that no data transmitted
21 pursuant to section 5-200 of this chapter shall be considered a public
22 record open to public inspection solely by reason of its transmission
23 and that the following information shall not be released for public
24 inspection:
25 (a) any voter's signature;
26 (b) the personal residence and contact information of any voter for
27 whom any provision of law requires confidentiality;
28 (c) any portion of a voter's driver's license number, [department of
29 motor vehicle] non-driver [photo ID] identification card number, social
30 security number and facsimile number [shall not be released for public
31 inspection];
32 (d) any voter's telephone number; and
33 (e) any voter's email address. No such records shall be handled at
34 any time by any person other than a member of a registration board or
35 board of inspectors of elections or board of elections except as
36 provided by rules imposed by the board of elections.
37 § 25. Subdivision 4 of section 3-212 of the election law is amended by
38 adding two new paragraphs (c) and (d) to read as follows:
39 (c) Said annual report, as required by paragraph (a) of this subdivi-
40 sion, shall also include:
41 (1) the number of records that have been received, transmitted, trans-
42 ferred, updated, or corrected pursuant to section 5-200 of this chapter,
43 by source;
44 (2) the number of records received under section 5-200 of this chap-
45 ter, by source, that do not relate to persons identified as eligible to
46 vote;
47 (3) the number of persons who have contacted the board to opt out of
48 voter registration;
49 (4) the number of voters who submit voter registration forms and/or
50 requests to update or correct voter registration information using the
51 system described in section 5-614 of this chapter; and
52 (5) the number of voters who correct voter registration information
53 using the election-day procedure described in section 8-302 of this
54 chapter.
S. 619--B 15
1 (d) Said annual report, as required by paragraph (a) of this subdivi-
2 sion, shall exclude any information that personally identifies any
3 person other than an election official or other government official.
4 § 26. Section 17-104 of the election law is amended to read as
5 follows:
6 § 17-104. False registration. 1. Any person who:
7 [1.] (a) Registers or attempts to register as an elector in more than
8 one election district for the same election, or more than once in the
9 same election district; or,
10 [2.] (b) Registers or attempts to register as an elector, knowing that
11 he will not be a qualified voter in the district at the election for
12 which such registration is made; or
13 [3.] (c) Registers or attempts to register as an elector under any
14 name but his or her own; or
15 [4.] (d) Knowingly gives a false residence within the election
16 district when registering as an elector; or
17 [5.] (e) Knowingly permits, aids, assists, abets, procures, commands
18 or advises another to commit any such act, is guilty of a felony.
19 2. Notwithstanding any other provision of this chapter, no person
20 shall be liable for an error in the statewide voter registration list
21 unless such person knowingly and willfully makes a false statement in
22 order to effectuate or perpetuate voter registration. An error in the
23 statewide voter registration list shall not constitute a fraudulent or
24 false claim to citizenship.
25 § 27. Subdivision 17 of section 3-102 of the election law, as renum-
26 bered by chapter 23 of the laws of 2005, is renumbered subdivision 21
27 and four new subdivisions 17, 18, 19 and 20 are added to read as
28 follows:
29 17. ensure that, upon receipt and verification of a person's express
30 request to opt out of voter registration, the person's name and regis-
31 tration record will not be added to the county or statewide voter regis-
32 tration lists;
33 18. ensure that election officials shall not provide the record of any
34 person who has opted out of voter registration, in whole or in part, to
35 any third party for any purpose other than the compilation of a jury
36 list;
37 19. publish and enforce a privacy and security policy specifying each
38 class of users who shall have authorized access to the statewide voter
39 registration list, preventing unauthorized access to the statewide voter
40 registration list and to any list provided by a source agency or list
41 maintenance source, and setting forth other safeguards to protect the
42 privacy and security of the information on the statewide voter registra-
43 tion list;
44 20. promulgate rules regarding the notification of voters of transfer
45 of address by electronic mail; and
46 § 28. This act shall take effect immediately; provided, however, that
47 sections two, three, four, six, seven, eight, ten, twelve, fourteen,
48 fifteen, nineteen, twenty, twenty-one, twenty-two, and twenty-three of
49 this act shall take effect January 1, 2015; provided further that
50 sections five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
51 of this act shall take effect January 1, 2016. Effective immediately,
52 any rules, regulations and agreements necessary to implement the
53 provisions of this act on its effective date are authorized and directed
54 to be completed on or before such date.
