senate Bill S2801

Allows any qualified person to apply for voter registration and enrollment by application made with an application for any hunting or fishing license

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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

  • 23 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 22 / Apr / 2013
    • 1ST REPORT CAL.367
  • 23 / Apr / 2013
    • 2ND REPORT CAL.
  • 24 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2013
    • PASSED SENATE
  • 03 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 03 / Jun / 2013
    • REFERRED TO ELECTION LAW
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 10 / Feb / 2014
    • 1ST REPORT CAL.151
  • 11 / Feb / 2014
    • 2ND REPORT CAL.
  • 26 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Allows any qualified person to apply for voter registration and enrollment by application made with an application for any hunting or fishing license.

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Bill Details

See Assembly Version of this Bill:
A4903
Versions:
S2801
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Election Law
Laws Affected:
Add ยง5-217, El L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6351, A4222
2009-2010: A2960, A2960
2007-2008: A3875, A3875

Sponsor Memo

BILL NUMBER:S2801 REVISED 02/27/2014

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

PURPOSE:

To allow individuals the opportunity to register to vote at the same
time they apply for a hunting license, fishing license, and any
combination of both.

SUMMARY OF PROVISIONS:

Section 1 - amends the election law, in relation to the registration
and enrollment of voters, by adding a new section 5-217 to allow for
any qualified individual to apply for voter registration
simultaneously with their application for a hunting license, fishing
license, or any combination of both.

Subdivision 2 - states the Department of Environmental Conservation
(DEC), with the approval of the Board of Elections will design a form
that will serve as an application for registration and enrollment, and
clarifies that DEC will incur the costs for the creation of such form.

Subdivision 3 - outlines the voter registration portion of the form
will do the following; not require any information that duplicates the
information required on the application for the license portion, and
will require the applicant's signature, include a statement of the
eligibility requirements for voter registration and require the
applicant to attest by their signature they meet the requirements
under penalty of perjury, and inform the applicant of the voter
eligibility requirements, penalties for the submission of false
registration application, and the information will remain
confidential, and only used for voter registration purposes.

Subdivision 4 - states the form will ask if the applicant would like
to register to vote, if they are not already registered to vote where
they currently live and if the applicant would like to decline to
register to vote. The application will include a statement that
informs the applicant they have the right to decline to vote. The
application will also inform the applicant assistance and privacy to
fill out the application is available, and inform the applicant if
they believe that someone has interfered with their right to register,
decline to register, their right to privacy, or the right of the
applicant to choose their own political party or other political
preference they may file a complaint for the state board of elections.

Subdivision 5 - states the DEC will retain the form containing the
declination to register to vote for the same period of time that they
retain the accompanying application, or for a short period of time,
that has been approved by the board of elections.

Subdivision 6 - states the DEC will transmit the completed application
to register, or the change of address to the board of elections no
later than ten days after they receive it, except if all applications
and forms received by the DEC are transmitted in a way that assures
the board of elections received the application no later than the


twentieth day before the election, and requires all transmittals
include the original signatures.

Subdivision 7 - states the completed application forms received by the
DEC no later than the twenty-fifth day before the next ensuing
primary, general or special election and transmitted by such
department to the appropriate board of elections, so they are received
no later than the twentieth day before the election that will entitle
the applicant to vote in such election shall entitle the applicant to
vote in such election provided the board determines that the applicant
if otherwise qualified.

Subdivision 8 - prohibits the disclosure of voter registration
information for any other purpose than voter registration by DEC or
its employees.

Subdivision 9 - states the board of elections to process the
application and send appropriate notice of approval or rejection.

Subdivision 10 - states that there will be strict neutrality with
respect to an individual's party enrollment and all individuals
seeking to register to vote will be told that government services are
not conditioned on being registered to vote.

Subdivision 11 - states that no statements shall be made, or any
actions taken, that will discourage an individual from registering to
vote.

Subdivision 12 - states the DEC will provide each person who registers
to vote with the same assistance that they provide when a person fills
out their application forms, unless the person refuses assistance.

Subdivision 13 - states the Board of Elections will adopt the rules
and regulations as may be necessary, to carry out the requirements of
this section. The board will also adopt the rules and regulations as
may be necessary to require county boards and the DEC to provide the
state board of elections with the information and data as the board of
elections deems necessary to assess compliance with this section and
to compile the statistics as required by the federal elections
commission.

Subdivision 14 - states the board of elections will develop and
distribute public information and promotional materials relating to
the purposes and implementation of this program.

Subdivision 15 - states the State Board of Elections will prepare and
distribute written instruction to the DEC and shall be responsible for
establishing training programs for DEC employees.

Subdivision 16 - states the Commissioner of the DEC will take all
actions which are necessary and proper for the implementation of this
section. The DEC Commissioner will designate one person within the
agency as the agency voter registration coordinator who will, under
the direction of the state Board of Elections, be responsible for the
voter registration program.


Section 2 - states that this act will take effect on the one hundredth
day after it shall become a law, provided that effective immediately,
the additional, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.

JUSTIFICATION:

In 1993, the National Voter Registration Act was signed into law by
President Bill Clinton. Also known as the "Moter Voter Act," this
legislation included provisions that required states to provide all
citizens the opportunity to register to vote when they applied for, or
renewed their driver's license. Eligible voters were also afforded the
opportunity to register to vote while they were applying for public
assistance at the Department of Social Services.

This legislation aims to increase voter registration in New York
State, by allowing individuals the opportunity to vote, while they
apply for a hunting license, fishing license, or a combination of
both.

According to the Department of Environmental Conservation (DEC), there
are nearly 700,000 New Yorkers that hunt each year. This legislation,
through a thoroughly regulated process, will expand the ability and
increase the accessibility for New Yorkers to register to vote.

LEGISLATIVE HISTORY:

06/03/13 - Passed Senate
6/11/12 - Passed Senate
2009-2010 - A.2960, Held for consideration in election law
2007-2008 - A.3875, Held for considering in election law
2005-2006 - A.0374, Held for considering in election law

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundredth day after it shall
become a law, provided that effective immediately, the additional,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.

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

                                  2801

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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  the  registration  and
  enrollment of voters

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

  Section 1. The election law is amended by adding a new  section  5-217
to read as follows:
  S  5-217.  ADDITIONAL REGISTRATION. 1. IN ADDITION TO ANY OTHER METHOD
OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED PERSON
MAY APPLY FOR REGISTRATION AND ENROLLMENT BY APPLICATION MADE SIMULTANE-
OUSLY AND INTEGRATED  WITH  AN  APPLICATION  FOR  ANY  TYPE  OF  HUNTING
LICENSE, A FISHING LICENSE, AND ANY COMBINATION OF BOTH.
  2.  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WITH THE APPROVAL OF
THE STATE BOARD OF ELECTIONS, SHALL DESIGN A FORM OR FORMS WHICH  SHALL,
IN  ADDITION  TO  ELICITING  SUCH  INFORMATION AS MAY BE REQUIRED BY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A  HUNTING  LICENSE  AND/OR
FISHING  LICENSE,  SERVE  AS AN APPLICATION FOR REGISTRATION AND ENROLL-
MENT, OR A REGISTRATION NECESSITATED BY A CHANGE OF RESIDENCE. THE  COST
OF  SUCH FORMS SHALL BE BORNE BY THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION.
  3. THE VOTER REGISTRATION PORTION OF SUCH FORMS SHALL:
  (A) NOT  REQUIRE  ANY  INFORMATION  THAT  DUPLICATES  THE  INFORMATION
REQUIRED  ON  THE  APPLICATION FOR THE LICENSE PORTION AND SHALL REQUIRE
ONLY SUCH ADDITIONAL INFORMATION, INCLUDING THE  APPLICANT'S  SIGNATURE,
AS  WILL ENABLE ELECTION OFFICIALS TO ASSESS THE APPLICANT'S ELIGIBILITY
TO REGISTER TO VOTE, PREVENT DUPLICATE REGISTRATION  AND  TO  ADMINISTER
VOTER REGISTRATION AND OTHER PARTS OF THE ELECTION PROCESS;
  (B)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04464-01-3

S. 2801                             2

SIGNATURE THAT HE OR SHE MEETS SUCH REQUIREMENTS UNDER PENALTY OF PERJU-
RY; AND
  (C)  INFORM  THE  APPLICANT,  IN  PRINT  IDENTICAL TO THAT USED IN THE
ATTESTATION SECTION OF THE FOLLOWING:
  (I) VOTER ELIGIBILITY REQUIREMENTS;
  (II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
  (III) THAT THE OFFICE  WHERE  THE  APPLICANT  REGISTERS  SHALL  REMAIN
CONFIDENTIAL  AND THE INFORMATION SHALL BE USED ONLY FOR VOTER REGISTRA-
TION PURPOSES;
  (IV) IF THE APPLICANT DECLINES TO REGISTER,  HIS  OR  HER  DECLINATION
SHALL  REMAIN  CONFIDENTIAL  AND  BE  USED  ONLY  FOR VOTER REGISTRATION
PURPOSES.
  4. INCLUDED ON THE FORM OR ON A SEPARATE FORM SHALL BE:
  (A) THE QUESTION, "IF YOU ARE NOT REGISTERED TO VOTE  WHERE  YOU  LIVE
NOW, WOULD YOU LIKE TO APPLY TO REGISTER HERE TODAY";
  (B) BOXES FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE APPLICANT
WOULD LIKE TO REGISTER OR DECLINE TO REGISTER TO VOTE;
  (C)  THE STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE  AT  THIS
TIME.";
  (D)  THE  STATEMENT,  "IF YOU WOULD LIKE HELP IN FILLING OUT THE VOTER
REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION WHETHER TO
SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICATION  FORM  IN
PRIVATE.";
  (E)  THE  STATEMENT,  "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED WITH
YOUR RIGHT TO REGISTER OR DECLINE TO REGISTER TO  VOTE,  YOUR  RIGHT  TO
PRIVACY  IN  DECIDING  WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO
VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY  OR  OTHER  POLI-
TICAL  PREFERENCE,  YOU  MAY  FILE  A  COMPLAINT WITH THE STATE BOARD OF
ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER)."; AND
  (F) A TOLL FREE NUMBER AT THE STATE BOARD OF  ELECTIONS  THAT  CAN  BE
CALLED FOR ANSWERS TO REGISTRATION QUESTIONS.
  5.  THE  FORM  CONTAINING THE DECLINATION TO REGISTER TO VOTE SHALL BE
RETAINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  FOR  THE  SAME
PERIOD  OF  TIME AS SUCH DEPARTMENT RETAINS THE ACCOMPANYING APPLICATION
FOR SERVICES OR FOR SUCH SHORTER PERIOD OF TIME AS MAY  BE  APPROVED  BY
THE STATE BOARD OF ELECTIONS.
  6.  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION SHALL TRANSMIT THAT
PORTION OF THE FORM WHICH  CONSTITUTES  THE  COMPLETED  APPLICATION  FOR
REGISTRATION  OR  CHANGE  OF  ADDRESS  FORM  TO THE APPROPRIATE BOARD OF
ELECTIONS NOT LATER THAN TEN DAYS AFTER RECEIPT  EXCEPT  THAT  ALL  SUCH
COMPLETED  APPLICATIONS AND FORMS RECEIVED BY THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION BETWEEN THE THIRTIETH AND TWENTY-FIFTH DAY BEFORE AN
ELECTION SHALL BE TRANSMITTED IN SUCH MANNER AND  AT  SUCH  TIME  AS  TO
ASSURE THEIR RECEIPT BY SUCH BOARD OF ELECTIONS NOT LATER THAN THE TWEN-
TIETH  DAY BEFORE SUCH ELECTION. ALL TRANSMITTALS SHALL INCLUDE ORIGINAL
SIGNATURES.
  7. COMPLETED APPLICATION FORMS RECEIVED BY THE DEPARTMENT OF  ENVIRON-
MENTAL  CONSERVATION NOT LATER THAN THE TWENTY-FIFTH DAY BEFORE THE NEXT
ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION  AND  TRANSMITTED  BY  SUCH
DEPARTMENT  TO  THE  APPROPRIATE  BOARD  OF  ELECTIONS  SO THAT THEY ARE
RECEIVED NOT LATER THAN THE TWENTIETH DAY  BEFORE  SUCH  ELECTION  SHALL
ENTITLE THE APPLICANT TO VOTE IN SUCH ELECTION PROVIDED THE BOARD DETER-
MINES THAT THE APPLICANT IS OTHERWISE QUALIFIED.
  8.  DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
TION TO REGISTER, BY THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,  ITS

S. 2801                             3

AGENTS  OR  EMPLOYEES, FOR OTHER THAN VOTER REGISTRATION PURPOSES, SHALL
BE DEEMED AN UNWARRANTED INVASION OF PERSONAL PRIVACY  PURSUANT  TO  THE
PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFI-
CERS LAW AND SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
  9.  APPLICATION  FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN
THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF  THE  APPLI-
CANT  IS  ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH COUNTY
OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF  THIS  TITLE.  THE
BOARD  SHALL  SEND  THE  APPROPRIATE  NOTICE OF APPROVAL OR REJECTION AS
REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION
FIVE OF SUCH SECTION 5-208.
  10. STRICT NEUTRALITY WITH RESPECT  TO  A  PERSON'S  PARTY  ENROLLMENT
SHALL BE MAINTAINED AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE.
  11. NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE  THE
APPLICANT FROM REGISTERING TO VOTE.
  12. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL PROVIDE TO EACH
PERSON  WHO  CHOOSES  TO  REGISTER  TO VOTE THE SAME LEVEL OF ASSISTANCE
PROVIDED TO PERSONS IN CONNECTION WITH THE COMPLETION  OF  THE  AGENCY'S
OWN FORMS, UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE.
  13.  THE  STATE  BOARD  OF  ELECTIONS SHALL ADOPT SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY  TO  CARRY  OUT  THE  REQUIREMENTS  OF  THIS
SECTION. THE BOARD SHALL ALSO ADOPT SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY  TO  REQUIRE COUNTY BOARDS AND THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION TO PROVIDE THE STATE BOARD WITH SUCH INFORMATION  AND  DATA
AS  THE BOARD DEEMS NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION AND
TO COMPILE SUCH STATISTICS AS MAY BE REQUIRED BY THE  FEDERAL  ELECTIONS
COMMISSION.
  14.  THE  STATE BOARD OF ELECTIONS SHALL DEVELOP AND DISTRIBUTE PUBLIC
INFORMATION AND PROMOTIONAL  MATERIALS  RELATING  TO  THE  PURPOSES  AND
IMPLEMENTATION OF THIS PROGRAM.
  15.  THE  STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION WRITTEN INSTRUCTIONS AS TO  THE
IMPLEMENTATION  OF THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING
TRAINING PROGRAMS FOR  EMPLOYEES  OF  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION INVOLVED IN SUCH PROGRAM.
  16.  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION SHALL TAKE ALL
ACTIONS WHICH ARE NECESSARY AND PROPER FOR THE  IMPLEMENTATION  OF  THIS
SECTION.  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL DESIGNATE
ONE PERSON WITHIN THE AGENCY AS THE AGENCY VOTER REGISTRATION  COORDINA-
TOR  WHO  WILL,  UNDER THE DIRECTION OF THE STATE BOARD OF ELECTIONS, BE
RESPONSIBLE FOR THE VOTER REGISTRATION PROGRAM IN SUCH AGENCY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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