senate Bill S2852A

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

download pdf

Sponsor

Co-Sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2107A
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:S2852A

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 8 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
5-210 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 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 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, 2015; provided,
however, that the provisions of this act shall only apply to school
districts on and after July 1, 2016.

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

                                 2852--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by Sens. KLEIN, SMITH -- read twice and ordered printed, and
  when printed to be committed to the Committee on Elections  --  recom-
  mitted 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-
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03546-02-4

S. 2852--A                          2

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 265 of the laws  of  2013,  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 office  of  chil-
dren and family services, the office of temporary and disability assist-

S. 2852--A                          3

ance  and the department of health. Also designated as public assistance
agencies are all agencies of local government that provide such  assist-
ance.  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 vocational 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, office
of alcoholism and substance abuse services, the office of  the  advocate
for  the  disabled and all offices which administer programs established
or funded by such agencies.  Additional  state  agencies  designated  as
voter  registration offices are the department of state and the division
of workers' compensation. Such agencies shall be required to offer voter
registration 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
assistance to applicants in completing voter registration forms, receiv-
ing  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 represen-
tatives 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 citi-
zens. [All institutions 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  January 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

S. 2852--A                          4

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
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, 2015; provided, however, that
the provisions of this act shall only apply to school districts  on  and
after July 1, 2016.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.