senate Bill S1990

Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if it's a new county

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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

  • 09 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS

Summary

Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if the voter moves to a new county.

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Bill Details

See Assembly Version of this Bill:
A83
Versions:
S1990
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§5-208 & 8-302, El L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5236, A8633
2009-2010: A7011, A7011

Sponsor Memo

BILL NUMBER:S1990 REVISED MEMO 05/08/2014

TITLE OF BILL: An act to amend the election law, in relation to a
universal jurisdiction voting act

PURPOSE OR GENERAL IDEA OF BILL:

To increase voter participation in the election process by allowing
those who move to another county or city to vote in their new
residential district.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 5-208 of the Election Law by replacing the words
"city" and "county" with the words "New York State."

Section 2 amends § 8-302 of the Election Law replaces the phrase "the
county or city" with the words "New York State."

JUSTIFICATION:

New York State's Election Law currently only allows those citizens who
move within a city or county to vote in their new election district.
Voters who move between the five boroughs of New York City and within
any county may show up at the correct polling center and vote via
affidavit ballot. Voters who move from Brooklyn to Suffolk County,
however, are barred from voting on Election Day unless they update
their registration in time for the election.

The Universal Jurisdiction voting Act will amend New York State's
Election Law by allowing voters who move anywhere within the State to
vote at the polling center in their new election district. This
legislation would verify affidavit ballots using the Statewide voter
file to enfranchise New Yorkers who have registered but failed to
update their address with the Board of Elections.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.5236 - Referred to Elections
2009-10: A.7011 Referred to Election Law.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  1990

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 a  universal  jurisdic-
  tion voting act

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

  Section 1. Subdivisions 1, 4, and 8 of section 5-208 of  the  election
law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996,
subdivision  4  as added by chapter 659 of the laws of 1994, are amended
to read as follows:
  1. The board of elections shall transfer the registration and  enroll-
ment  of any voter for whom it receives a notice of change of address to
another address in [the same county or city] NEW YORK STATE, or for  any
voter  who  casts  a  ballot  in an affidavit ballot envelope which sets
forth such a new address.  Such notices shall include, but not be limit-
ed to, notices received from any state agency  which  conducts  a  voter
registration  program  pursuant  to the provisions of sections 5-211 and
5-212 of this title, that the voter has notified such agency of a change
of address in [the same city or county] NEW YORK STATE unless the  voter
has  indicated that such change of address is not for voter registration
purposes, notices of change of address from  the  United  States  Postal
Service  through the National Change of Address System, any notices of a
forwarding address on mail sent to a voter by the board of elections and
returned by the postal service, national  or  state  voter  registration
forms, confirmation mailing response cards, United States Postal Service
notices  to correspondents of change of address, applications for regis-
tration from persons already registered in [such  county  or  city]  NEW
YORK  STATE, or any other notices to correspondents sent to the board of
elections by such voters.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03430-01-3

S. 1990                             2

  4. If such application for registration from a  voter  already  regis-
tered  in [such county or city] NEW YORK STATE also reflects a change of
enrollment, the board of elections shall treat such  application  as  an
application  for  change of enrollment pursuant to section 5-304 of this
article.
  8.  If  the  board of elections receives notice of a change of address
within [such city or county] NEW YORK STATE from, or with respect to,  a
person  who it determines is not registered in [such county or city] NEW
YORK STATE, it shall forthwith send such person a notice to that  effect
in  a  form  approved by the state board of elections at the new address
set forth in such notice of change of address,  together  with  a  voter
registration form.
  S  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by chapter  164  of  the  laws  of
2010, is amended to read as follows:
  (ii) He or she may swear to and subscribe an affidavit stating that he
or  she  has  duly  registered  to  vote,  the  address in such election
district from which he or she registered, that he or she remains a  duly
qualified  voter in such election district, that his or her registration
poll record appears to be lost or misplaced or  that  his  or  her  name
and/or  his  or  her  signature  was omitted from the computer generated
registration list or that he or she has  moved  within  [the  county  or
city]  NEW  YORK STATE since he or she last registered, the address from
which he or she was previously registered and the address at which he or
she currently resides, and at a primary election, the party in which  he
or she is enrolled. The inspectors of election shall offer such an affi-
davit  to  each  such  voter whose residence address is in such election
district.  Each such affidavit shall be in  a  form  prescribed  by  the
state  board  of  elections, shall be printed on an envelope of the size
and quality used for an absentee ballot envelope, and shall  contain  an
acknowledgment  that  the  affiant  understands that any false statement
made  therein  is  perjury  punishable  according  to  law.  Such   form
prescribed  by  the  state  board of elections shall request information
required to register such voter should the county board  determine  that
such  voter  is  not  registered  and shall constitute an application to
register to vote. The voter's name and the entries required  shall  then
be  entered  without  delay  and  without  further inquiry in the fourth
section of the challenge report or in the place provided at the  end  of
the  computer  generated  registration  list, with the notation that the
voter has executed the affidavit hereinabove  prescribed,  or,  if  such
person's  name  appears on the computer generated registration list, the
board of elections may provide a place to make such entry next to his or
her name on such list.  The voter shall then, without  further  inquiry,
be  permitted  to vote an affidavit ballot provided for by this chapter.
Such ballot shall thereupon be placed in the envelope containing his  or
her  affidavit,  and  the  envelope  sealed and returned to the board of
elections in the manner provided by this chapter for protested  official
ballots, including a statement of the number of such ballots.
  S 3. This act shall take effect immediately.

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