STATE OF NEW YORK
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8139
IN SENATE
April 6, 2018
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Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 5 of article 2 of the constitution, in
relation to the registration of voters
1 Section 1. RESOLVED (if the Assembly concurs), That section 5 of arti-
2 cle 2 of the constitution be amended to read as follows:
3 § 5. Laws shall be made for ascertaining, by proper proofs, the citi-
4 zens who shall be entitled to the right of suffrage hereby established,
5 and for the registration of voters[; which registration shall be
6 completed at least ten days before each election]. Such registration
7 shall not be required for town and village elections except by express
8 provision of law. Any qualified person who is not registered in this
9 state may apply personally for registration and enrollment by appearing
10 at the appropriate polling place for the election district in which he
11 or she resides on any day of election, primary, general, or special,
12 during the hours that such polling place is open for voting. To be
13 eligible to register, a person must provide acceptable forms of iden-
14 tification containing proof of residence, as determined by relevant
15 state law. Any person who so registers to vote shall execute the follow-
16 ing instrument in substantially the following form: "I, (name), do here-
17 by certify, under penalty of perjury, that, to the best of my knowledge,
18 I am a qualified voter, having resided at (place of residence) for at
19 least thirty days immediately preceding this election, that I am not
20 disqualified on any legal grounds from voting, and that I have not
21 already voted at this election." If a registrant is unable to provide
22 valid proof of residence, such registrant may be allowed to register for
23 and vote in any election by affidavit ballot. Such affidavit ballot
24 shall not be counted until election officials can determine such regis-
25 trant's residence and eligibility to vote. The board of elections shall
26 establish a procedure by which a person who registers pursuant to this
27 subdivision may cast his or her vote at the appropriate polling place.
28 § 2. RESOLVED (if the Assembly concur), That the foregoing amendment
29 be referred to the first regular legislative session convening after the
30 next succeeding general election of members of the assembly, and, in
31 conformity with section 1 of article 19 of the constitution, be
32 published for three months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89128-01-8