S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
Introduced by M. of A. GALEF, DINOWITZ, BURLING, CHRISTENSEN, MILLMAN,
MILLER, ARROYO, CAMARA, KOLB, REILLY, ALFANO, GIGLIO, KAVANAGH, JAFFEE
-- Multi-Sponsored by -- M. of A. BACALLES, BARRA, BING, BOYLAND,
BROOK-KRASNY, CAHILL, CALHOUN, CLARK, COLTON, CONTE, DUPREY, FIELDS,
FINCH, GOTTFRIED, JOHN, MAYERSOHN, McDONOUGH, MOLINARO, PAULIN, PHEF-
FER, SAYWARD, SCARBOROUGH, SPANO, THIELE, WALKER -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to including email
addresses in voter registration data
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (k) and (l) of subdivision 5 of section 5-210 of
the election law, as amended by chapter 179 of the laws of 2005, subpar-
agraph (xii) of paragraph (k) as added by chapter 362 of the laws of
2008, are amended to read as follows:
(k) The form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
(i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
(ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
(iii) A SPACE FOR THE FURNISHING OF AN EMAIL ADDRESS, THE FURNISHING
OF WHICH SHALL BE OPTIONAL, TOGETHER WITH A NOTICE STATING THAT IF AN
EMAIL ADDRESS IS FURNISHED, ALL NOTICES AND COMMUNICATIONS OTHERWISE
REQUIRED TO BE SENT BY THE STATE BOARD OF ELECTIONS TO THE VOTER BY
POSTAL MAIL SHALL BE SENT BY EMAIL IN ADDITION TO POSTAL MAIL. COUNTY
BOARDS OF ELECTIONS AND THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
SHALL HAVE THE OPTION OF SENDING NOTICES AND COMMUNICATIONS OTHERWISE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 4313 2
REQUIRED TO BE SENT TO THE VOTER BY POSTAL MAIL BY EMAIL IN ADDITION TO
POSTAL MAIL IF THE VOTER FURNISHES AN EMAIL ADDRESS.
(IV) The date of birth of the applicant.
[(iv)] (V) A space for the applicant to indicate his or her driver's
license or department of motor vehicles non-driver photo ID number or
the last four digits of his or her social security number or, if the
applicant does not have either such number, a space for the applicant to
indicate he or she does not have either.
[(v)] (VI) A space for the applicant to indicate whether or not he or
she is a citizen of the United States and the statement "If you checked
"no" in response to this question, do not complete this form."
[(vi)] (VII) A space for the applicant to answer the question "Will
you be 18 years of age on or before election day?" and the statement "If
you checked "no" in response to this question, do not complete this form
unless you will be 18 by the end of the year."
[(vii)] (VIII) A statement informing the applicant that if the form is
submitted by mail and the applicant is registering for the first time,
certain information or documents must be submitted with the mail-in
registration form in order to avoid additional identification require-
ments upon voting for the first time. Such information and documents
(A) a driver's license or department of motor vehicles non-driver
photo ID number; or
(B) the last four digits of the individual's social security number;
(C) a copy of a current and valid photo identification; or
(D) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.
[(viii)] (IX) The gender of the applicant (optional).
[(ix)] (X) A space for the applicant to indicate his or her choice of
party enrollment, with a clear alternative provided for the applicant to
decline to affiliate with any party.
[(x)] (XI) The telephone number of the applicant (optional).
[(xi)] (XII) A place for the applicant to execute the form on a line
which is clearly labeled "signature of applicant" preceded by the
following specific form of affirmation:
AFFIDAVIT: I swear or affirm that:
* I am a citizen of the United States.
* I will have lived in the county, city, or village for at least 30
days before the election.
* I meet all the requirements to register to vote in New York
* This is my signature or mark on the line below.
* All the information contained on this application is true. I
understand that if it is not true I can be convicted and fined up
to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
[(xii)] (XIII) A space for the applicant to register in the New York
state donate life registry for organ and tissue donations established
pursuant to section forty-three hundred ten of the public health law.
(l) The mail voter registration application form developed by the
federal election commission pursuant to the provisions of section nine
of the National Voter Registration Act of 1993 42 USC 1973gg-7 shall be
deemed to meet the requirements of this section. Any application for
A. 4313 3
registration received on such an application form shall be accepted if
the applicant is otherwise eligible to register to vote pursuant to the
provisions of this article. A VOTER WHOSE REGISTRATION IS ACCEPTED
PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH SHALL BE PERMITTED TO
FURNISH AN EMAIL ADDRESS TO THE BOARD OF ELECTIONS, WHICH FURNISHING
SHALL CARRY THE SAME NOTICE AND HAVE THE SAME EFFECT AS PROVIDED BY
SUBPARAGRAPH (III) OF PARAGRAPH (K) OF THIS SUBDIVISION.
S 2. Paragraph d of subdivision 4 of section 5-500 of the election
law, as amended by chapter 659 of the laws of 1994, is amended to read
d. The residence address at which the voter claims to reside and post
office address, if not the same; and the number or designation of the
room, apartment, or floor occupied by the voter if he OR SHE does not
claim the entire building as his OR HER residence; AND IN ADDITION,
SPACE FOR THE FURNISHING OF AN EMAIL ADDRESS, THE FURNISHING OF WHICH
SHALL BE OPTIONAL, TOGETHER WITH A NOTICE STATING THAT IF AN EMAIL
ADDRESS IS FURNISHED, ALL NOTICES AND COMMUNICATIONS OTHERWISE REQUIRED
TO BE SENT BY THE STATE BOARD OF ELECTIONS TO THE VOTER BY POSTAL MAIL
SHALL BE SENT BY EMAIL IN ADDITION TO POSTAL MAIL. COUNTY BOARDS OF
ELECTIONS AND THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL HAVE
THE OPTION OF SENDING NOTICES AND COMMUNICATIONS OTHERWISE REQUIRED TO
BE SENT TO THE VOTER BY POSTAL MAIL BY EMAIL IN ADDITION TO POSTAL MAIL
IF THE VOTER FURNISHES AN EMAIL ADDRESS;
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that the
state board of elections is authorized to promulgate any and all rules
and regulations and take any other measures necessary to implement this
act on its effective date on or before such date.