Provides that qualified persons who have never previously registered to vote may register on any day, including a day of election, that the board of elections is open for business; requires establishment of a procedure to enable such registrants to cast their votes at the appropriate polling places.
STATE OF NEW YORK
________________________________________________________________________
3372
2009-2010 Regular Sessions
IN SENATE
March 17, 2009
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to allowing for polling
place voter registration for any qualified person who is not regis-
tered to vote
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 5-210 of the election law is amended by adding a
2 new subdivision 1-a to read as follows:
3 1-a. (a) Notwithstanding any other provision of this article relating
4 to registration requirements, any qualified person who is not registered
5 in this state may apply personally for registration and enrollment by
6 appearing at the appropriate polling place for the election district in
7 which he or she resides on the day of any primary, general or special
8 election during the hours that such polling place is open for voting. To
9 be eligible to register pursuant to this subdivision, a person must
10 provide acceptable forms of identification containing proof of resi-
11 dence, as determined by state law implementing the Help Americans Vote
12 Act of 2002 (Public Law 107-252). Any person who so registers to vote
13 shall execute the following instrument in substantially the following
14 form:
15 "I, (name), do hereby certify, under penalty of perjury, that, to the
16 best of my knowledge, I am a qualified voter, having resided at (place
17 of residence) for at least thirty days immediately preceding this
18 election, that I am not disqualified on any legal grounds from voting
19 and that I have not already voted at this election."
20 (b) If a registrant is unable to provide valid proof of residence as
21 required by paragraph (a) of this subdivision, such registrant may be
22 allowed to register for and vote in any election by affidavit ballot.
23 Such affidavit ballot shall not be counted until election officials can
24 determine such registrant's residence and eligibility to vote.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08409-02-9
S. 3372 2
1 (c) The board of elections shall establish a procedure by which a
2 person who registers pursuant to this subdivision may cast his or her
3 vote at the appropriate polling place.
4 § 2. This act shall take effect on the first of January after a
5 concurrent resolution entitled "CONCURRENT RESOLUTION OF THE SENATE AND
6 ASSEMBLY proposing an amendment to section 5 of article 2 of the
7 constitution, in relation to the ten day advance registration require-
8 ment", takes effect. Effective immediately, the state board of
9 elections may promulgate any rule or regulation necessary for the timely
10 implementation of this act on its effective date.
