Requires a New York state driver's license or non-driver ID, a United States passport, an identification card issued by a United States educational institution, a United States military identification card, a government issued medical card, or any identification card issued by the United States or the state of New York to be presented when casting a ballot.
STATE OF NEW YORK
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7876
IN SENATE
January 3, 2024
___________
Introduced by Sen. WALCZYK -- 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 requiring a valid
government issued photo identification card to be presented when cast-
ing 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, subparagraph 1 of paragraph (b) of subdivision 3 as
3 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
22 (2) in the case of an individual who votes by mail, submits in the
23 outer envelope with the envelope containing the ballot[: (i)] a copy of
24 a current and valid government issued photo identification[; or
25 (ii) a copy of a current utility bill, bank statement, government
26 check, paycheck, or other government document that shows the name and
27 address of the voter].
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09014-01-3
S. 7876 2
1 (3) A valid and current government issued photo identification shall
2 include: a New York state driver's license or non-driver ID; a United
3 States passport; an identification card issued by a United States educa-
4 tional institution; a United States military identification card; a
5 government issued medical card or any identification card issued by the
6 United States or the state of New York.
7 (b) Fail-safe voting. (1) An individual who desires to vote in person,
8 but [who does not meet the requirements of subparagraph one of paragraph
9 (a) of this subdivision] does not possess a current and valid government
10 issued photo identification, may cast an affidavit ballot[, and notwith-
11 standing this section of law, such]. Such affidavit ballot shall be duly
12 cast and counted[, even though such individual does not meet the
13 requirements of subparagraph one of paragraph (a) of this subdivision,]
14 provided such individual casting such ballot is an otherwise eligible
15 voter pursuant to law, [provided further] that the local board of
16 elections determines the validity of the affidavit ballot and that such
17 ballot otherwise complies with the requirements of law.
18 (2) An individual who desires to vote by mail but who does not [meet
19 the requirements of subparagraph two of paragraph (a) of this subdivi-
20 sion] possess a current and valid government issued photo identifica-
21 tion, may cast such a ballot by mail and such ballot shall be duly cast
22 and counted[, notwithstanding this section,] provided [the voter is
23 determined to be an eligible voter and provided further], that the local
24 board of elections determines the validity of the ballot by mail and
25 that such ballot otherwise complies with the requirements of law.
26 3. Inapplicability. Subdivisions one and two of this section shall not
27 apply in the case of a person: (a) who registers to vote by mail and
28 submits as part of such registration [either:
29 (1)] a copy of a current and valid government issued photo identifica-
30 tion; or
31 [(2) a copy of a current utility bill, bank statement, government
32 check, paycheck, or government document that shows the name and address
33 of the voter;]
34 (b) [(1)] who registers to vote by mail and submits with such regis-
35 tration either:
36 [(i)] (1) a driver's license or a department of motor vehicles non-
37 driver photo ID number; or
38 [(ii)] (2) at least the last four digits of the individual's social
39 security number; and [(2)] with respect to whom a local board of
40 elections matches the information submitted under [subparagraph one of]
41 this paragraph with an existing state identification record bearing the
42 number, name and date of birth of such voter; [or
43 (c) who is: (1)] (3) such person is entitled to vote by absentee
44 ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42
45 U.S.C. 1973ff-1 et seq.);
46 [(2)] (4) such person is provided the right to vote otherwise than in
47 person under section 3 (b) (2) (B) (ii) of the Voting Accessibility for
48 the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii));
49 or
50 [(3)] (5) such person is entitled to vote otherwise than in person
51 under any other federal law.
52 § 2. This act shall take effect immediately.
