senate Bill S542B

Amended

Provides for the provision of voter registration forms to students by colleges, universities and public school districts

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO ELECTIONS
  • 17 / May / 2011
    • AMEND AND RECOMMIT TO ELECTIONS
  • 17 / May / 2011
    • PRINT NUMBER 542A
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS
  • 20 / Jan / 2012
    • AMEND AND RECOMMIT TO ELECTIONS
  • 20 / Jan / 2012
    • PRINT NUMBER 542B
  • 11 / Apr / 2012
    • AMEND AND RECOMMIT TO ELECTIONS
  • 11 / Apr / 2012
    • PRINT NUMBER 542C

Summary

Provides for the provision of voter registration forms to students by colleges, universities and public school districts; authorizes the pre-registration to vote of 16 year olds.

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Bill Details

Versions:
S542
S542A
S542B
S542C
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§5-211, 5-210 & 5-500, add §5-507, El L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1872C
2007-2008: S6169A

Sponsor Memo

BILL NUMBER:S542B

TITLE OF BILL:
An act
to amend the election law, in relation to voter registration and
enrollment

PURPOSE:
Improves access to voter registration materials and information for
high school and college students.

SUMMARY OF PROVISIONS:
Section 1 amends § 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public school districts
to make voter registration forms available to eligible students
within 3 weeks of the start of the first semester of the school year,
designate a location for distribution of and assistance with such
forms, and to submit any forms collected to the local board of
elections. Also requires information to be posted on school websites
and distribution of coded voter registration forms by the board of
elections.

Section 2 amends § 5-211 of the election law to add public school
districts, colleges and universities to the list of agencies and
offices subject to the provisions of Motor Voter, with duties and
obligations set forth in subdivision 18.

Section 3 amends subdivision 8 of § 5-211 of the election law to add
public school districts, colleges and universities to the list of
agencies and offices subject to the provisions of Motor Voter, with
duties and obligations set forth in subdivision 18.

Section 4 amends notification under paragraph (g) of subdivision 5 of
§ 5-210 of the election law to provide that an applicant who submits
a applicant to register to vote must be at least 17 years of age at
the time of submission.

Section 5 amends paragraph o of subdivision 4 of section § 5-500 and
adds a new paragraph p to add a new question to voter registration
application verifying that the applicant is at least 17 years of age
at the time of submission.

Section 6 adds a new § 5-507 of the election law to provide that a
person who is at least seventeen years of age and otherwise qualified
to register to vote may pre-register and become automatically
registered upon reaching the age of eligibility, following
verification of the person's qualifications and address.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect July 1, 2012; provided, however, that the
provisions of this act shall only apply to school districts on and
after July 1, 2013.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 542--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, HUNT-
  LEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Elections -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  recommitted  to  the
  Committee  on  Elections  in  accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the election law, in relation to voter registration and
  enrollment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  5-211 of the election law is amended by adding a
new subdivision 18 to read as follows:
  18. ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED  IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY ELIGIBLE
STUDENTS IN THE SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
AND REGULATIONS AS ALL OTHER DESIGNATED AGENCIES; EXCEPT THAT A COLLEGE,
UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL NOT BE REQUIRED TO COLLECT OR
MAINTAIN  FORMS  CONTAINING  AN  INDIVIDUAL'S DECLINATION TO REGISTER TO
VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS SECTION,  OR  TO  CONDUCT  A
STUDY  AND  REPORT  THEREON AS REQUIRED BY SUBDIVISION SEVENTEEN OF THIS
SECTION.
  EACH COLLEGE, UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL PROVIDE EACH
ELIGIBLE STUDENT WITH A REGISTRATION FORM WITHIN THE FIRST  THREE  WEEKS
OF  THE  FIRST  SEMESTER OF THE ACADEMIC YEAR OR SUCH STUDENT'S ENTRY TO
SCHOOL OR ARRIVAL ON CAMPUS PURSUANT TO SUBDIVISIONS TWO,  THREE,  FOUR,
FIVE,  SEVEN,  NINE,  ELEVEN,  TWELVE AND FIFTEEN OF THIS SECTION. EVERY
COLLEGE, UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL DESIGNATE AT  LEAST
ONE  CONVENIENT  CAMPUS LOCATION WHERE STUDENTS MAY RECEIVE VOTER REGIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00647-10-2

S. 542--B                           2

TRATION FORMS AND PERSONAL ASSISTANCE IN THE COMPLETION OF  SUCH  FORMS.
EACH  COLLEGE,  UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL PUBLICIZE ITS
VOTER REGISTRATION  SERVICES  PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
SECTION,  AND SHALL OFFER TO COLLECT AND TRANSMIT COMPLETED VOTER REGIS-
TRATION FORMS FROM STUDENTS TO THE LOCAL BOARD OF ELECTIONS PURSUANT  TO
SUBDIVISIONS  TWO, THREE, FIVE, NINE, ELEVEN, TWELVE AND FIFTEEN OF THIS
SECTION.
  ANY COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT MAY ELECT TO SOLICIT
THE ASSISTANCE OF ONE  OR  MORE  RECOGNIZED  NON-PARTISAN  CAMPUS  BASED
ORGANIZATIONS  OR  STUDENT  GROUPS  TO  ASSIST  IN  ITS EFFORTS TO OFFER
PERSONAL ASSISTANCE, COLLECTION AND TRANSMITTAL  OF  VOTER  REGISTRATION
FORMS.
  IN ADDITION TO THE REQUIREMENTS OF SUBDIVISIONS TWO, FIVE AND EIGHT OF
THIS  SECTION, ALL COLLEGES AND UNIVERSITIES OFFERING VOTER REGISTRATION
SERVICES SHALL INFORM STUDENTS OF THEIR RIGHT TO COMPLETE A VOTER REGIS-
TRATION FORM FROM THEIR COLLEGE ADDRESS OR ANY  ADDRESS  AT  WHICH  SUCH
STUDENT  MAY  REGULARLY  RESIDE WHEN NOT IN SCHOOL; INFORM STUDENTS THAT
THEIR DECISION TO REGISTER OR DECLINE TO REGISTER TO VOTE SHALL HAVE  NO
BEARING  ON  THEIR COLLEGE OR UNIVERSITY RECORD; AND NOTWITHSTANDING THE
PROVISIONS OF SUBDIVISION NINE OF THIS SECTION,  SHALL  NOT  INQUIRE  OR
KEEP RECORDS PERTAINING TO ANY STUDENT'S ELIGIBILITY TO VOTE.
  IN  ADDITION TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF THIS SECTION,
ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL  DISTRICTS  SHALL  PLACE  A
PROMINENT LINK ON THEIR INTERNET WEBSITES TO THE APPROPRIATE PAGE OF THE
INTERNET  WEBSITE  OF  THE  STATE  BOARD  OF  ELECTIONS  OR THE NATIONAL
ELECTION ASSISTANCE COMMISSION FOR INDIVIDUALS TO LEARN ABOUT THE QUALI-
FICATIONS TO VOTE, AND TO DOWNLOAD VOTER REGISTRATION FORMS, EXCEPT THAT
FOR COLLEGES AND UNIVERSITIES IN THE CITY OF NEW YORK AND FOR  THE  CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK SUCH LINK SHALL BE TO THE APPRO-
PRIATE  PAGE  OF  THE  INTERNET  WEBSITE  OF  THE NEW YORK CITY BOARD OF
ELECTIONS.  SUCH LINKS SHALL BE PROMINENTLY FEATURED  DURING  THE  FIRST
AND  LAST  THREE WEEKS OF THE ACADEMIC YEAR, AND TWO WEEKS IN ADVANCE OF
STATE REGISTRATION DEADLINES PURSUANT TO SUBDIVISION  THREE  OF  SECTION
5-210 OF THIS TITLE.
  THE  STATE  BOARD  OF  ELECTIONS AND, IN THE CITY OF NEW YORK, THE NEW
YORK CITY BOARD OF ELECTIONS SHALL MAKE AVAILABLE TO COLLEGES, UNIVERSI-
TIES AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGISTRA-
TION APPLICATIONS THAT IDENTIFY EACH  SUCH  APPLICATION  AS  ORIGINATING
FROM  EITHER A COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT.  THE STATE
BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO ANY COLLEGE, UNIVERSITY
OR SCHOOL DISTRICT WITHIN THE STATE WHICH SUBMITS  A  REQUEST  THEREFOR,
EXCEPT  THAT  THE  NEW  YORK  CITY  BOARD OF ELECTIONS SHALL PROVIDE AND
DELIVER SUCH FORMS TO  ANY  REQUESTING  UNIVERSITY,  COLLEGE  OR  SCHOOL
DISTRICT LOCATED IN THE CITY OF NEW YORK.
  EVERY  BOARD  OF  ELECTIONS  SCANNING  VOTER  REGISTRATION FORMS SHALL
CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT THEM ON A MONTHLY
BASIS TO THE STATE BOARD OF ELECTIONS.
  S 2. The opening paragraph of section 5-211 of the  election  law,  as
amended  by  chapter  200  of  the  laws  of 1996, is amended to read as
follows:
  Each agency designated as a participating agency under the  provisions
of  this  section,  AND  COLLEGE,  UNIVERSITY AND SCHOOL DISTRICT, shall
implement and administer a program of distribution of voter registration
forms pursuant to the provisions of this section. The following  offices
which  provide  public  assistance  and/or provide state funded programs

S. 542--B                           3

primarily engaged in providing services to persons with disabilities are
hereby designated as voter registration agencies:    designated  as  the
state  agencies  which  provide  public assistance are the department of
[social  services] FAMILY ASSISTANCE and the department of health.  Also
designated as public assistance  agencies  are  all  agencies  of  local
government  that  provide  such assistance. Designated as state agencies
that provide programs primarily engaged in providing services to  people
with  disabilities  are  the  department of labor, office for the aging,
division of veterans' affairs, office of mental health, office of  voca-
tional  and  educational  services  for  individuals  with disabilities,
commission on quality of care for  the  mentally  disabled,  office  [of
mental  retardation  and]  FOR  PEOPLE  WITH developmental disabilities,
commission for the blind and visually handicapped, office of  alcoholism
and  substance  abuse services, the office of the advocate for the disa-
bled and all offices which administer programs established or funded  by
such  agencies.  Additional state agencies designated as voter registra-
tion offices are the department of state and the  division  of  workers'
compensation.  Such  agencies shall be required to offer voter registra-
tion forms to persons upon initial application for services, renewal  or
recertification  for  services  and  change  of address relating to such
services. Such agencies shall also be responsible for providing  assist-
ance to applicants in completing voter registration forms, receiving and
transmitting the completed application form from all applicants who wish
to have such form transmitted to the appropriate board of elections. The
state  board  of  elections  shall, together with representatives of the
department of defense, develop and implement  procedures  for  including
recruitment  offices  of  the armed forces of the United States as voter
registration offices when such offices are so designated by federal law.
The state board shall also make request of the United States Immigration
and Naturalization Service to include applications for  registration  by
mail  with  any  materials which are given to new citizens.  [All insti-
tutions of the state university of New York and the city  university  of
New York, shall, at the beginning of the school year, and again in Janu-
ary  of  a  year  in  which  the president of the United States is to be
elected, provide an application for registration to each student in each
such institution.] The state board  of  elections  may,  by  regulation,
grant  a  waiver  from any or all of the requirements of this section to
any office or program  of  an  agency,  COLLEGE,  UNIVERSITY  OR  SCHOOL
DISTRICT,  if  it  determines that it is not feasible for such office or
program to administer such requirement.
  S 3. The opening paragraph of subdivision 8 of section  5-211  of  the
election  law, as amended by chapter 659 of the laws of 1994, is amended
to read as follows:
  Each participating agency, department, division or office  that  makes
available  voter registration forms pursuant to this section shall offer
with each application for the services or  assistance  of  such  agency,
department, division or office and with each recertification, renewal or
change  of address form relating to such service or assistance, a regis-
tration form together  with  instructions  relating  to  eligibility  to
register and for completing the form, except that COLLEGES, UNIVERSITIES
AND  SCHOOL  DISTRICTS  SHALL  DISTRIBUTE  VOTER  REGISTRATION  FORMS IN
ACCORDANCE WITH SUBDIVISION EIGHTEEN OF THIS SECTION, AND forms used  by
the  department  of  [social services] FAMILY ASSISTANCE for the initial
application for services, renewal or recertification  for  services  and
change of address relating to such services shall physically incorporate
a  voter  registration  application  in a fashion that permits the voter

S. 542--B                           4

registration portion of the agency form to be detached  therefrom.  Such
voter  registration  application  shall  be designed so as to ensure the
confidentiality of the source of the  application.    Included  on  each
participating  agency's  application  for services or assistance or on a
separate form shall be:
  S 4. Paragraph (g) of subdivision 5 of section 5-210 of  the  election
law,  as  amended by chapter 179 of the laws of 2005, is amended to read
as follows:
  (g) Notice that the applicant must be a citizen of the United  States,
is [or will be at least eighteen years old not later than December thir-
ty-first  of  the  calendar  year in which he or she registers] AT LEAST
SEVENTEEN YEARS OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO
VOTE and a resident of the county or city to which application is made.
  S 5.  Paragraph o of subdivision 4 of section 5-500  of  the  election
law, as amended by chapter 659 of the laws of 1994, is amended and a new
paragraph p is added to read as follows:
  o.  A space for "remarks" regarding other facts required by this chap-
ter to be recorded or appropriate to identify the voter[.]; AND
  P.  A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
QUESTION: "ARE YOU AT LEAST SEVENTEEN YEARS OF AGE AND  UNDERSTAND  THAT
YOU MUST BE EIGHTEEN YEARS OF AGE ON OR BEFORE ELECTION DAY TO VOTE, AND
THAT UNTIL YOU REACH THE AGE OF EIGHTEEN YEARS YOUR REGISTRATION WILL BE
MARKED  AS  PENDING  AND  YOU  WILL  BE  UNABLE  TO CAST A BALLOT IN ANY
ELECTION?".
  S 6. The election law is amended by adding a new section 5-507 to read
as follows:
  S 5-507. VOTER PRE-REGISTRATION. A PERSON WHO IS  AT  LEAST  SEVENTEEN
YEARS  OF  AGE  AND  WHO  IS OTHERWISE QUALIFIED TO REGISTER TO VOTE MAY
PRE-REGISTER TO VOTE, AND SHALL BE AUTOMATICALLY REGISTERED UPON  REACH-
ING THE AGE OF ELIGIBILITY, FOLLOWING VERIFICATION OF THE PERSON'S QUAL-
IFICATIONS AND ADDRESS.
  S  7. This act shall take effect July 1, 2012; provided, however, that
the provisions of this act shall only apply to school districts  on  and
after July 1, 2013.

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