senate Bill S2852

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

  • 24 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 06 / Feb / 2014
    • AMEND AND RECOMMIT TO ELECTIONS
  • 06 / Feb / 2014
    • PRINT NUMBER 2852A

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

See Assembly Version of this Bill:
A2107
Versions:
S2852
S2852A
Legislative Cycle:
2013-2014
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:
2011-2012: S542C, A8631B
2009-2010: S1872C
2007-2008: S6169A

Sponsor Memo

BILL NUMBER:S2852

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 informa-
tion 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 B of 5-211 of the election law to add
public school districts, colleges and universities to the list of agen-
cies 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
5-210 of the election law to provide that an applicant who submits a
applicant to register to vote must be at least 16 years of age at the
time of submission.

Section 5 amends paragraph 0 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 16 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 sixteen years of age and otherwise qualified to register
to vote may pre-register and become automatically registered upon reach-
ing the age of eligibility, following verification of the person's qual-
ifications and address.

LEGISLATIVE HISTORY: 2011 - 2012 - S. 542-C / A. 2107

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect July 1, 2014; provided,
however, that the provisions of this act shall only apply to school
districts on and after July 1, 2015.

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

                                  2852

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03546-01-3

S. 2852                             2

  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
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

S. 2852                             3

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
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. 2852                             4

  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
SIXTEEN  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 SIXTEEN 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  SIXTEEN
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, 2014; provided, however, that
the provisions of this act shall only apply to school districts  on  and
after July 1, 2015.

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