STATE OF NEW YORK
________________________________________________________________________
4326
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. DeSTEFANO, MONTESANO, BRABENEC, B. MILLER,
NORRIS, DiPIETRO, McDONOUGH, SALKA, REILLY, MANKTELOW, BYRNE, BLANKEN-
BUSH, M. MILLER -- read once and referred to the Committee on Election
Law
AN ACT to amend the election law, the administrative code of the city of
New York, the public health law and the vehicle and traffic law, in
relation to requiring a government issued photo identification card to
be presented when casting a ballot
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8-303 of the election law, as added by chapter 420
2 of the laws of 2004 and subparagraph 1 of paragraph (b) of subdivision 3
3 as amended by chapter 160 of the laws of 2005, is amended to read as
4 follows:
5 § 8-303. [Initial voter] Voter identification. 1. Applicability. Each
6 board of elections, in a uniform and nondiscriminatory manner, shall
7 require a voter to meet the requirements of subdivision two of this
8 section [if:
9 (a) the individual registered to vote in a jurisdiction by mail on or
10 after January first, two thousand three; and
11 (b) the individual has not previously voted in an election for federal
12 office in the jurisdiction of the board of elections].
13 2. Requirements. (a) In general. An individual meets the requirements
14 of this subdivision if the individual:
15 (1) in the case of an individual who votes in person[: (i)] presents
16 to the appropriate election inspector, clerk or coordinator a current
17 and valid government issued photo identification; [or
18 (ii) presents to the appropriate election inspector, clerk or coordi-
19 nator a copy of a current utility bill, bank statement, government
20 check, paycheck, or other government document that shows the name and
21 address of the voter;] or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08113-01-1
A. 4326 2
1 (2) in the case of an individual who votes by mail, submits in the
2 outer envelope with the envelope containing the ballot: [(i)] a copy of
3 a current and valid government issued photo identification[; or
4 (ii) a copy of a current utility bill, bank statement, government
5 check, paycheck, or other government document that shows the name and
6 address of the voter].
7 A current and valid government issued photo identification shall
8 include: a New York state driver's license or non-driver ID; a United
9 States Passport; an identification card issued by a United States educa-
10 tional institution; a United States military identification card; a
11 government issued medical card or any identification card issued by the
12 United States or the state of New York.
13 (b) Fail-safe voting. [(1)] An individual who desires to vote in
14 person, but who does not meet the requirements of [subparagraph one of
15 paragraph (a) of] this subdivision[,] may [cast an affidavit ballot, and
16 notwithstanding this section of law, such affidavit ballot shall be duly
17 cast and counted, even though such individual does not meet the require-
18 ments of subparagraph one of paragraph (a) of this subdivision, provided
19 such individual casting such ballot is an otherwise eligible voter
20 pursuant to law, provided further that such ballot otherwise complies
21 with the requirements of law.
22 (2) An individual who desires to vote by mail but who does not meet
23 the requirements of subparagraph two of paragraph (a) of this subdivi-
24 sion may cast such a ballot by mail and such ballot shall be duly cast
25 and counted, notwithstanding this section, provided the voter is deter-
26 mined to be an eligible voter and provided further that such ballot
27 otherwise complies with the requirements of law.
28 3. Inapplicability. Subdivisions one and two of this section shall not
29 apply in the case of a person: (a) who registers to vote by mail and
30 submits as part of such registration either:
31 (1) a copy of a current and valid photo identification; or
32 (2) a copy of a current utility bill, bank statement, government
33 check, paycheck, or government document that shows the name and address
34 of the voter;
35 (b) (1) who registers to vote by mail and submits with such registra-
36 tion either:
37 (i) a driver's license or a department of motor vehicles non-driver
38 photo ID number; or
39 (ii) at least the last four digits of the individual's social security
40 number; and
41 (2) with respect to whom a local board of elections matches the infor-
42 mation submitted under subparagraph one of this paragraph with an exist-
43 ing state identification record bearing the number, name and date of
44 birth of such voter; or
45 (c) who is: (1) entitled to vote by absentee ballot under the
46 Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
47 et seq.);
48 (2) provided the right to vote otherwise than in person under section
49 3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
50 icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
51 (3) entitled to vote otherwise than in person under any other federal
52 law] obtain a non-driver identification from the department of motor
53 vehicles if he or she does the following:
54 (1) (i) If an individual does not possess the documentation accepted
55 by the commissioner of motor vehicles to receive a non-driver identifi-
56 cation, pursuant to section four hundred ninety of the vehicle and traf-
A. 4326 3
1 fic law, such individual shall obtain the affidavit provided in subdivi-
2 sion three of this section from a county, city, town or village clerk,
3 the department of health, the New York city department of mental health
4 and hygiene or the department of motor vehicles.
5 (ii) When the signed affidavit is received by the county, city, town,
6 or village where the individual was born or the department of health or
7 the New York city department of mental health and hygiene, if the indi-
8 vidual was born in the city of New York, no later than the seventh day
9 before the election, it shall be the duty of the clerk or the department
10 to provide the individual a certified copy or certified transcript of
11 the individual's record of birth at no cost to the requesting individ-
12 ual, if the clerk or department has access to the individual's record of
13 birth.
14 (iii) No later than the seventh day before the election, the individ-
15 ual shall present his or her record of birth and the signed affidavit to
16 the department of motor vehicles. Upon receipt of the individual's
17 record of birth and the signed affidavit, the commissioner of motor
18 vehicles shall issue the individual a non-driver identification card at
19 no cost to the individual, pursuant to section four hundred ninety of
20 the vehicle and traffic law.
21 (2) (i) If an individual does possess the documentation accepted by
22 the commissioner of motor vehicles to receive a non-driver identifica-
23 tion pursuant to section four hundred ninety of the vehicle and traffic
24 law, such individual shall obtain an affidavit provided in subdivision
25 three of this section from a county, city, town, or village clerk, the
26 department of health, the New York city department of mental health and
27 hygiene, or the department of motor vehicles.
28 (ii) No later than the seventh day before the election, the individual
29 shall present the signed affidavit and the accepted documentation to the
30 department of motor vehicles. Upon receipt of the individual's documen-
31 tation and the signed affidavit, the commissioner of motor vehicles
32 shall issue the individual a non-driver identification card at no cost
33 to the individual pursuant to section four hundred ninety of the vehicle
34 and traffic law.
35 3. Affidavit. The board of elections shall furnish an affidavit to
36 county, city, town and village clerks, as well as to the department of
37 motor vehicles, the department of health, and the New York city depart-
38 ment of health and mental hygiene, which an individual shall sign in ink
39 and which shall contain the following information and substantially be
40 in the following form:
41 I, the undersigned, do hereby swear that it is seven or more days
42 before the next election on ............................ and I do not
43 possess a valid government issued photo for purposes of voting. I do
44 hereby require the department of motor vehicles to issue me a non-driver
45 identification for purposes of voting in the next election on the afore-
46 mentioned date.
47 Date: .............................
48 ..................................
49 (Signature of applicant)
50 On the date above indicated before me personally came the applicant
51 whose signature appears on this affidavit, who signed same in my pres-
52 ence and who, being by me duly sworn, said that the foregoing statement
53 made and subscribed by him or her, was true.
A. 4326 4
1 Date:..................
2 ................................
3 (Signature and official title
4 of officer administering oath)
5 § 2. Subdivision 2 of section 8-400 of the election law is amended by
6 adding a new paragraph (e) to read as follows:
7 (e) All applications shall be accompanied by a copy of the applicant's
8 valid government issued photo identification as required by section
9 8-303 of this article. An individual may obtain a valid government
10 issued photo identification for no charge as prescribed in paragraph (b)
11 of subdivision two of section 8-303 of this article.
12 § 3. Subdivision a of section 17-169 of the administrative code of the
13 city of New York is amended by adding a new paragraph 1-a to read as
14 follows:
15 1-a. A certified copy or certified transcript of the record of birth
16 shall be issued upon receipt of an affidavit signed by a person, signed
17 no later than the seventh day before an election, pursuant to paragraph
18 (b) of subdivision two of section 8-303 of the election law. In such
19 instance, such birth certificate shall be issued at no cost to the
20 person.
21 § 4. Subdivision 1 of section 4174 of the public health law is amended
22 by adding a new paragraph (b-1) to read as follows:
23 (b-1) upon receipt of an affidavit signed by an applicant, signed no
24 later than the seventh day before an election, pursuant to paragraph (b)
25 of subdivision two of section 8-303 of the election law, either a certi-
26 fied copy or certified transcript of such applicant's birth certificate.
27 In such instance, such birth certificate shall be issued at no cost to
28 the applicant;
29 § 5. Paragraph (a) of subdivision 3 of section 490 of the vehicle and
30 traffic law is amended by adding a new subparagraph (iv) to read as
31 follows:
32 (iv) In the case of a person who is issued an identification card for
33 purposes of voting pursuant to section 8-303 of the election law, the
34 commissioner shall issue an identification card without the payment of
35 any fee, upon such person submitting a sworn affidavit, as provided in
36 section 8-303 of the election law and a certificate of birth or any
37 other form of documentation accepted by the commissioner to prove the
38 person's identity. An identification issued pursuant to this subpara-
39 graph shall expire four years after the date of issuance.
40 § 6. This act shall take effect immediately.