S00619 Summary:

BILL NOS00619B
 
SAME ASSAME AS A00187-B
 
SPONSORGIANARIS
 
COSPNSRADDABBO, AVELLA, DILAN, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KRUEGER, MONTGOMERY, PERALTA, PERKINS, SAMPSON, SERRANO, STAVISKY, STEWART-COUSINS, TKACZYK
 
MLTSPNSR
 
Amd El L, generally
 
Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
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S00619 Actions:

BILL NOS00619B
 
01/09/2013REFERRED TO ELECTIONS
02/28/2013AMEND AND RECOMMIT TO ELECTIONS
02/28/2013PRINT NUMBER 619A
01/08/2014REFERRED TO ELECTIONS
01/13/2014AMEND AND RECOMMIT TO ELECTIONS
01/13/2014PRINT NUMBER 619B
03/06/2014NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
05/05/2014DEFEATED IN ELECTIONS
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S00619 Memo:

Memo not available
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S00619 Text:



 
                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.
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