STATE OF NEW YORK
________________________________________________________________________
7325
IN SENATE
January 17, 2020
___________
Introduced by Sen. BORRELLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Budget and Revenue
AN ACT to amend the tax law and the real property tax law, in relation
to enacting the "taxpayer voter registration act"
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 "taxpayer voter registration act".
3 § 2. The tax law is amended by adding a new section 664 to read as
4 follows:
5 § 664. Voter registration. The commissioner shall require that all
6 income tax returns allow the taxpayer to register to vote by checking a
7 box, to be included on the return, that indicates that the applicant
8 would like to register to vote. Adjacent to such box, there shall be a
9 statement in prominent type, "IF YOU CHECK THIS BOX, YOU SWEAR OR AFFIRM
10 UNDER PENALTIES OF PERJURY THAT (1) YOU ARE A CITIZEN OF THE UNITED
11 STATES, (2) YOU WILL HAVE LIVED IN THE COUNTY, CITY OR VILLAGE LISTED AS
12 YOUR ADDRESS ON YOUR TAX RETURN FOR AT LEAST 30 DAYS BEFORE THE NEXT
13 ELECTION, (3) YOU MEET ALL THE REQUIREMENTS TO REGISTER, AND (4) YOUR
14 SIGNATURE OR MARK IS AFFIXED TO THIS TAX RETURN OR IS ON FILE WITH THE
15 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE OR THE NEW YORK STATE
16 DEPARTMENT OF MOTOR VEHICLES." The income tax returns shall also provide
17 a means for the individual to select a political party affiliation, if
18 so desired by the individual.
19 § 3. The real property tax law is amended by adding a new section 997
20 to read as follows:
21 § 997. Voter registration; general. The taxing entity shall include on
22 all tax bills issued under this chapter a check box, to be included on
23 the bill, that indicates that the applicant would like to register to
24 vote. Adjacent to such box, there shall be a statement in prominent
25 type, "IF YOU CHECK THIS BOX, YOU SWEAR OR AFFIRM UNDER PENALTIES OF
26 PERJURY THAT (1) YOU ARE A CITIZEN OF THE UNITED STATES, (2) YOU WILL
27 HAVE LIVED IN THE COUNTY, CITY OR VILLAGE LISTED AS YOUR ADDRESS ON YOUR
28 TAX RETURN FOR AT LEAST 30 DAYS BEFORE THE NEXT ELECTION, (3) YOU MEET
29 ALL THE REQUIREMENTS TO REGISTER, AND (4) YOUR SIGNATURE OR MARK IS
30 AFFIXED TO THIS TAX RETURN OR IS ON FILE WITH THE NEW YORK STATE DEPART-
31 MENT OF TAXATION AND FINANCE OR THE NEW YORK STATE DEPARTMENT OF MOTOR
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13496-05-9
S. 7325 2
1 VEHICLES." The tax bill shall also provide a means for the individual to
2 select a political party affiliation, if so desired by the individual.
3 § 4. The real property tax law is amended by adding a new section
4 997-a to read as follows:
5 § 997-a. Voter registration; change of address. Upon a transfer of
6 residential real property, the real estate transfer return filed with
7 the commissioner and signed by the buyer of such residential real prop-
8 erty shall include a check box, to be included on the form above the
9 signature line with a statement in prominent type, "NOTICE TO GRANTEE:
10 New York State Election Law requires you to reregister to vote if you
11 change your address. By checking this box and signing and returning this
12 form you will apply to vote under the address stated on this form unless
13 you opt-out. If you are not a resident of the United States or New York
14 State, you cannot check this box. By checking this box and signing below
15 you swear or affirm under penalties of perjury that (1) you are a citi-
16 zen of the United States, (2) you will have lived in the county, city or
17 village listed as your address on your tax return for at least 30 days
18 before the next election, (3) you meet all the requirements to register,
19 and (4) your signature or mark is affixed to this tax return or is on
20 file with the New York State Department of Taxation and Finance or the
21 New York State Department of Motor Vehicles. The real estate transfer
22 return shall also provide a means for the individual to select a poli-
23 tical party affiliation, if so desired by the individual."
24 § 5. The tax law is amended by adding a new section 45 to read as
25 follows:
26 § 45. Voter registration. (a) The department shall electronically
27 transmit to the state board of elections, and the state board of
28 elections shall electronically transmit to local boards of election, to
29 the extent such information is available, in a format that can be read
30 by the computerized statewide voter registration list the following
31 information for each person described in section six hundred sixty-four
32 of this chapter and sections nine hundred ninety-seven and nine hundred
33 ninety-seven-a of the real property tax law:
34 (i) whether such person checked the box to indicate a desire to regis-
35 ter to vote;
36 (ii) given name or surname;
37 (iii) mailing address and residential address;
38 (iv) date of birth;
39 (v) evidence of United States citizenship, New York residence, and
40 attestation of eligibility;
41 (vi) an electronic copy of the tax payer's signature; and
42 (vii) political party enrollment, if any.
43 (b) The state or local boards of elections shall:
44 (i) identify all individuals whose information is transmitted by the
45 department pursuant to this section and who are eligible to be, but are
46 not currently, registered to vote in the state; and
47 (ii) promptly send each such individual written notice and shall
48 include:
49 (1) an explanation that voter registration is voluntary;
50 (2) a statement offering the individual the opportunity to enroll with
51 a political party or to decline to enroll with a political party, if the
52 individual has not already enrolled with a political party;
53 (3) the voter eligibility requirements and a statement that the indi-
54 vidual must decline registration if they do not meet such requirements;
55 (4) a statement explaining that if the individual applies to register
56 to vote electronically, such individual thereby consents to the use of
S. 7325 3
1 an electronic copy of the individual's manual signature that is in the
2 custody of the department of motor vehicles, the state board of
3 elections or the local boards of election, as the individual's voter
4 registration exemplar signature if the individual voter's exemplar
5 signature is not provided with the voter registration application;
6 (5) a request for documentation of United States citizenship and New
7 York state residency, as required by law or regulation;
8 (6) penalties for submission of false information for registration to
9 vote; and
10 (7) instructions for correcting erroneous information.
11 (c) The notice required by paragraph (ii) of subdivision (b) of this
12 section shall include a form that offers the individual the opportunity
13 to elect to decline to register to vote and, in a separate section, the
14 opportunity to enroll with a political party or to decline to enroll
15 with a political party if the individual has not already selected a
16 political party affiliation, a list of documents that can be used to
17 establish the Unites States citizenship and New York residency, and a
18 postage pre-paid envelope to return the form.
19 (d) The state board of elections shall prepare and distribute to the
20 department written instructions as to the implementation of the
21 provisions of this section and shall be responsible for establishing
22 training programs for employees of the department.
23 (e) The agreement between the state board of elections and the depart-
24 ment shall include the format in which information will be transmitted,
25 the frequency of data transmissions, the procedures, and other measures
26 that will be used to ensure the security and privacy of the information
27 transmitted, and any other matter necessary or helpful to implement the
28 requirements of this section.
29 (f) The department shall cooperate with the state board of elections
30 and county boards of elections to facilitate the voter registration of
31 each person described in this section, and to electronically transmit
32 the information needed to register each such person to vote or to update
33 each such person's voter registration record.
34 (g) The department shall enter into an agreement with the state board
35 of elections finalizing the format and content of electronic trans-
36 missions required by this section no later than September first, two
37 thousand twenty; provided, that the department shall be able to comply
38 fully with all requirements of this section, including the collection
39 and transmission of all data required to register individuals to vote,
40 by January first, two thousand twenty-one.
41 § 6. The vehicle and traffic law is amended by adding a new section
42 201-a to read as follows:
43 § 201-a. Voter registration. Upon the request of the state board of
44 elections, the commissioner shall release an electronic version of the
45 individual's manual signature that is in the custody of the department
46 as the individual's voter registration exemplar signature for purposes
47 of voter registration pursuant to sections forty-five and six hundred
48 sixty-four of the tax law and sections nine hundred ninety-seven and
49 nine hundred ninety-seven-a of the real property tax law.
50 § 7. This act shall take effect one year after it shall have become a
51 law. Effective immediately, the addition, amendment and/or repeal of
52 any rule or regulation necessary for the implementation of this act on
53 its effective date are authorized to be made and completed on or before
54 such effective date.
