Senate Bill S2538C

2015-2016 Legislative Session

Enacts the "voter empowerment act of New York" to streamline the process for registering to vote

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Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2016	print number 2538c
May 19, 2016	amend and recommit to elections
Jan 26, 2016	print number 2538b
Jan 26, 2016	amend and recommit to elections
Jan 06, 2016	referred to elections
Mar 10, 2015	print number 2538a
Mar 10, 2015	amend and recommit to elections
Jan 26, 2015	referred to elections

Bill Amendments

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2015-S2538 - Details

See Assembly Version of this Bill:: A5972
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd El L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1974
2013-2014: S619
2017-2018: S3304, A2278

2015-S2538 - Summary

Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.

2015-S2538 - Sponsor Memo

                                BILL NUMBER:S2538

TITLE OF BILL:  An act to amend the election law, in relation to
enacting the "voter empowerment act of New York"

PURPOSE:

The Voter Empowerment Act of New York provides for automating voter
registration of eligible consenting citizens at designated government
agencies, permitting the pre-registration of sixteen and seventeen
year-olds; transferring the registrations of New Yorkers who move
within the state, providing for access to voter registration records
and the registration of eligible citizens over the Internet, and
moving the deadlines for voter registration and party enrollment.

SUMMARY OF SPECIFIC PROVISIONS:  Amends the election law by adding a
new section that will automate the voter registration process at
government agencies required to offer voter registration services.

Amends the election law to require boards of elections to update the
registration of any consenting voter who moves within the state or
changes his or her name and submits change of address or name
information to officials at designated government agencies.

Amends the election law to require the state board of elections to
make certain registration information available to voters via

telephone and the Internet and to provide for voter registration or
registration updates over the Internet.

Amends the election law by moving the deadline for voter registration
to ten days before an election.

Amends the election law by moving the deadline for an effective party
enrollment change to ten days before any election.

Amends the election law by adding a new section allowing for the
correction of registration records on Election Day by voters who
consented to registration at designated government agencies but were
not registered or inaccurately registered.

Amends the election law to increase the privacy of voters and the
security of voter information in the statewide voter registration
list.

Amends the election law by providing for the provision of voter
registration forms to students by colleges, universities and public
school districts.

Amends the election law by authorizing the pre-registration to vote of
16 and 17 year olds.

JUSTIFICATION:

Modernizing the voter registration system will increase the efficiency
of voter registration for the State and its constituent governmental
units, save hundreds of thousands of dollars each year, increase the
completeness and accuracy of the statewide voter registration list,


prevent erroneous disenfranchisement of eligible citizens, promote
greater participation of eligible voters in elections, and reduce the
incidence of voter registration fraud and voting fraud.

New York's paper-based voter registration system is inefficient, error
prone, and unjustifiably costly. A modem voter registration system
that electronically transmits voter registration information will
reduce costs involved in processing voter registrations and
maintaining complete and accurate voter registration lists. Other
states that have implemented similar programs have experienced
significant cost savings.

In eliminating reliance on paper, a modem voter registration system
will reduce the number of duplicate or outdated registration records
and ensure that fewer eligible voters are left off the voter rolls or
are registered at incorrect or former addresses. A modem voter
registration system will also reduce the inaccuracy and
disenfranchisement that occurs because of human error. By reducing the
administrative burdens presently involved in ensuring that a voter's
current and accurate information is included on the statewide voter
registration list, a modem voter registration system promotes greater
participation of eligible voters in elections. Other states that have
implemented similar programs have succeeded in attaining higher voter
registration rates at participating government agencies and more
accurate voter registration lists.

In addition, this bill streamlines the voter registration and party
enrollment deadlines to provide a uniform election deadline ten days
before any election. Under current law, when a registered voter seeks
to change his or her party enrollment to a different party, enroll in
a party (when not previously enrolled in any party), or to end his/her
enrollment in a party, the effective change of that enrollment is
deferred until the first Tuesday following the general election. As a
result, voters wishing to make such changes of enrollment may have to
wait as long as thirteen months to see their changes of enrollment
take effect. Under this bill, changes of enrollment would take effect
ten (10) days after such changes were applied for. This new timeframe
would coincide with the deadlines for voter registration thus
simplifying the process for both voters and county boards of
elections.

Finally, this bill will expand opportunities for young voters to
register and vote, ensuring that young people become invested in the
election process at an early age. The bill would add a section to the
New York voter registration form allowing 16- and 17-year-olds to
pre-register to vote. The boards of elections would store this
information and use it to register the applicants when they reach the
age of eligibility following verification of their qualifications and
address.  Pre-registration is a key component of voter registration
modernization, and ensure that each eligible voter has every
opportunity to register and vote.

Modernizing the voter registration system will increase voter
registration and participation, while also increasing the accuracy of
the voter registration list, thus reducing the opportunities for
fraud.


LEGISLATIVE HISTORY:

2014: S 619B (Gianaris) - Defeated in Senate Elections Committee
2013: Assembly Bill 187-A (Kavanagh)- Died in Assembly Elections
Committee
2012: Assembly Bill 1712-D (Kavanagh)- Died in Assembly Elections
Committee
2010: Assembly Bill 5265 (Gianaris)-Died in Assembly Elections
Committee
2009: Assembly Bill 5265 (Gianaris)-Died in Assembly Elections
Committee
2008: Assembly Bill 4346 (Gianaris)-Died in Assembly Elections
Committee
2007: Assembly Bill 4346 (Gianaris)-Died in Assembly Elections
Committee
2006: Assembly Bill. 3480(Gianaris)-Died in Assembly Elections
Committee
2005: Assembly Bill 3480(Gianaris)- Died in Assembly Elections
Committee
2004: Assembly Bill 9346(Gianaris)- Died in Assembly Elections
Committee

FISCAL IMPACT ON THE STATE:

Projected cost savings from a decrease in costs required to administer
voter registration, in an amount to be determined.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
sections two, three, four, six, seven, eight, ten, twelve, fourteen,
fifteen, nineteen, twenty, twenty-one, twenty-two, and twenty-three of
this act shall take effect January 1, 2017; provided further that
sections five, nine, eleven, thirteen, sixteen, seventeen, and
eighteen of this act shall take effect January 1, 2018. Effective
immediately, any rules, regulations and agreements necessary to
implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

2015-S2538 - Bill Text download pdf

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

                                  2538

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, DILAN, HASSELL-THOMPSON,
  HOYLMAN, KENNEDY,  KRUEGER,  MONTGOMERY,  PERALTA,  PERKINS,  SAMPSON,
  SERRANO,  STAVISKY, STEWART-COUSINS -- 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  enacting  the  "voter
  empowerment act of New York"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "voter empowerment act of New York".
  S  2.  Section  5-104  of  the election law is amended by adding a new
subdivision 3 to read as follows:
  3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION REGARD-
ING THE RIGHT OF STUDENTS TO REGISTER AND VOTE SHALL BE INTERPRETED IN A
MANNER CONSISTENT WITH THE CONSTITUTIONAL REQUIREMENT THAT EACH  CITIZEN
MUST  BE  PERMITTED TO VOTE IN THAT COMMUNITY WHICH IS THE "LOCUS OF ...
PRIMARY CONCERN" TO THAT CITIZEN AT THE TIME OF THE ELECTION. ACCORDING-
LY, A STUDENT ATTENDING A COLLEGE OR UNIVERSITY IN THIS STATE  SHALL  BE
PERMITTED TO RETAIN HIS OR HER PARENTAL RESIDENCE FOR VOTING PURPOSES IF
THE  PARENTAL  COMMUNITY  REMAINS  THE  LOCUS  OF  THE STUDENT'S PRIMARY
CONCERN OR, IN THE ALTERNATIVE, A STUDENT SHALL BE PERMITTED TO REGISTER
AND VOTE FROM HIS OR HER RESIDENCE  WITHIN  THE  COLLEGE  OR  UNIVERSITY
COMMUNITY IF HE OR SHE REGARDS THE COLLEGE OR UNIVERSITY AS THE COMMUNI-
TY OF PRIMARY CONCERN.
  S 3. The election law is amended by adding a new section 5-200 to read
as follows:
  S  5-200.  AUTOMATED  VOTER REGISTRATION. 1. NOTWITHSTANDING ANY OTHER
MANNER OF REGISTRATION REQUIRED BY THIS  ARTICLE,  EACH  PERSON  IN  THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03180-01-5

S. 2538                             2

  2. THE STATE BOARD OF ELECTIONS OR COUNTY  BOARD  OF  ELECTIONS  SHALL
REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF  THIS  ARTICLE  WHO
CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
  (A)  COMPLETES  AN  APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE,
NON-DRIVER  IDENTIFICATION  CARD,  PRE-LICENSING   COURSE   CERTIFICATE,
LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
MENT  OF  MOTOR  VEHICLES,  OR  NOTIFIES SUCH DEPARTMENT IN WRITING OF A
CHANGE OF HIS OR HER NAME OR ADDRESS;
  (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
  (C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES,  OR  CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY
MUNICIPAL HOUSING AUTHORITY AS SET FORTH  IN  ARTICLE  THIRTEEN  OF  THE
PUBLIC HOUSING LAW;
  (D)  REGISTERS  FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
  (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
PAROLE;
  (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
  (G) BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF  MILITARY
AND NAVAL AFFAIRS; OR
  (H)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
THREE OF THIS SECTION.
  3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF  MILITARY  AND
NAVAL  AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B) THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE  AGEN-
CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
  (I)  THE  LIKELIHOOD  THAT  SOURCE  RECORDS  REFLECT A LARGE NUMBER OF
ELIGIBLE CITIZENS;
  (II) THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS  WHO
WOULD  NOT  OTHERWISE  BE  REGISTERED  UNDER  THE ACT TO MODERNIZE VOTER
REGISTRATION;
  (III) THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE  RECORDS;
AND
  (IV)  ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION OFFICIAL
AS REASONABLY RELATED TO  ACCOMPLISHING  THE  PURPOSES  OF  THE  ACT  TO
MODERNIZE VOTER REGISTRATION.
  4.  THE  STATE  BOARD OF ELECTIONS AND THE SOURCE AGENCIES SHALL ENTER
INTO AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN  SUBDIVISION
TWO  OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO THE
STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
  (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
  (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
  (C) DATE OF BIRTH;
  (D) CITIZENSHIP;

S. 2538                             3

  (E) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION  CARD  NUMBER,  LAST
FOUR  DIGITS  OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE FOR THE
PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
  (F) POLITICAL PARTY ENROLLMENT, IF ANY;
  (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
BALLOT, IF ANY; AND
  (H) AN IMAGE OF THE PERSON'S SIGNATURE.
  IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT  TO  THIS  SECTION
FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
SIGNATURE  SHALL  NOT  PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO  ENABLE  AN  ELIGIBLE
CITIZEN,  WHOSE  INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A  SIGNATURE
AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT  PROVIDED  A
SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
BALLOT  TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,  PAYCHECK,  OR
OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
  5.  IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING THE
CITIZENSHIP STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS  SUFFICIENT
TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
ZENSHIP  FOR  EACH  PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO  AN
INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
  6.  THE  STATE  BOARD  OF  ELECTIONS  SHALL  PREPARE AND DISTRIBUTE TO
PARTICIPATING AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION  OF
THE  PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS
FOR EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING  SHALL
INCLUDE  REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE TO
EACH INDIVIDUAL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION  THAT  THE
SOURCE  AGENCY  MAINTAINS  STRICT  NEUTRALITY WITH RESPECT TO A PERSON'S
PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER  REGISTRATION  FORMS  AND
INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO  VOTE.
NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
CANT FROM REGISTERING TO VOTE.
  7.  THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE
AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION,  ADDITIONAL
INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
TATING  VOTER  REGISTRATION,  THE  FREQUENCY  OF DATA TRANSMISSIONS, THE
PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE  SECURITY
AND  PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
  8. EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD  OF
ELECTIONS  AND  COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH  SUCH
PERSON  TO  VOTE  OR  TO  UPDATE  EACH  SUCH PERSON'S VOTER REGISTRATION
RECORD.
  9. EACH SOURCE AGENCY SHALL ENTER INTO AN  AGREEMENT  WITH  THE  STATE
BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
SMISSIONS  REQUIRED  BY  THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
THOUSAND FOURTEEN; PROVIDED, THAT EACH SOURCE AGENCY SHALL  BE  ABLE  TO

S. 2538                             4

COMPLY  FULLY  WITH  ALL  REQUIREMENTS  OF  THIS  SECTION, INCLUDING THE
COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
TO VOTE, BY JANUARY FIRST, TWO THOUSAND FIFTEEN.
  S 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
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] STATE, or for any voter who
[casts] SUBMITS 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 OR WHICH TRANSMIT INFORMATION, that the voter has
notified such agency of a change of address in the [same city or county]
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 registration from persons already registered
in such county or city, or any other notices to correspondents  sent  to
the board of elections by such voters.
  6.  If a notice sent pursuant to [subdivision five of] this section is
returned [by the postal service] as undeliverable and without a forward-
ing address, the board of elections shall  return  the  registration  of
such  voter  to  the  original  address,  send such voter a confirmation
notice pursuant to the provisions of subdivision one of section 5-712 of
this [title] ARTICLE and place such voter in inactive status.
  S 5. Subdivision 3 of section 5-208 of the election law, as  added  by
chapter 659 of the laws of 1994, is amended to read as follows:
  3.  If  such  a notice is received at least [twenty] TEN days before a
primary, special or general election, such change  of  address  must  be
completed  before  such  election.  IF  SUCH A NOTICE IS NOT RECEIVED AT
LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR  GENERAL  ELECTION,  THEN  A
VOTER  MAY  VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF SECTION 8-302
OF THIS CHAPTER.
  S 6. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1. The board of elections, between August first and  August  fifth  of
each  year, shall send by first class mail on which is endorsed "ADDRESS
CORRECTION REQUESTED" and which contains a request that  any  such  mail
received  for persons not residing at the address be dropped back in the
mail, a communication,  in  a  form  approved  by  the  state  board  of
elections,  to  every registered voter who has been registered without a
change of address since the beginning of  such  year,  except  that  the
board  of elections shall not be required to send such communications to
voters in inactive status. The communication shall notify the  voter  of
the  days  and  hours  of the ensuing primary and general elections, the
place where he appears by his registration records  to  be  entitled  to
vote,  the  fact  that voters who have moved or will have moved from the
address where they were last registered must [re-register  or,  that  if
such  move  was to another address in the same county or city, that such

S. 2538                             5

voter may] either notify the board of elections of his  new  address  or
vote  by  paper  ballot at the polling place for his new address even if
such voter has not re-registered, or otherwise  notified  the  board  of
elections of the change of address. If the location of the polling place
for  the  voter's  election  district  has been moved, the communication
shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
BEEN CHANGED. YOU NOW VOTE AT..........". The communication  shall  also
indicate  whether the polling place is accessible to physically disabled
voters, that a voter who will be out of the city or county on the day of
the primary or general election or a voter  who  is  ill  or  physically
disabled may obtain an absentee ballot, that a physically disabled voter
whose  polling place is not accessible may request that his registration
record be moved to an election district which has a polling place  which
is  accessible,  the  phone  number  to  call for applications to move a
registration record or  for  absentee  ballot  applications,  the  phone
number  to call for the location of registration and polling places, the
phone number to call to indicate that the voter is willing to  serve  on
election  day  as  an  election inspector, poll clerk, interpreter or in
other capacities, the phone number to call to obtain an application  for
registration   by  mail,  and  such  other  information  concerning  the
elections or registration as the board may include. In lieu  of  sending
such communication to every registered voter, the board of elections may
send  a  single  communication  to  a household containing more than one
registered voter, provided that the names of all such voters  appear  as
part of the address on such communication.
  S  7.  Paragraph (a) of subdivision 1 of section 5-400 of the election
law, as amended by chapter 659 of the laws of 1994, is amended  to  read
as follows:
  (a) Moved his OR HER residence outside the [city or county in which he
is registered] STATE.
  S  8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
the election law, paragraphs (b) and (d) as  added  by  section  20  and
paragraph  (c) as added and paragraph (d) as relettered by section 22 of
chapter 659 of the laws of 1994, are amended to read as follows:
  (b) A notice that the registrant has moved to an address  outside  the
[city or county] STATE which is signed by the registrant and sent to the
board of elections.
  (c)  A  notice  signed by the registrant which states that such regis-
trant has moved to an address outside the [city  or  county]  STATE  and
that such change of address is for voter registration purposes.
  (d)  A  notice  from  a board of elections or other voter registration
officer or agency that such  person  has  registered  to  vote  from  an
address outside [such city or county] THE STATE.
  S 9. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 179 of the laws of 2005, is amended to read as follows:
  3.  Completed  application forms, when received by any county board of
elections and, with respect to  application  forms  promulgated  by  the
federal  election  commission,  when  received  by  the  state  board of
elections, or showing a dated cancellation mark  of  the  United  States
Postal  Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the [twenty-fifth] TENTH day  before
the  next  ensuing primary, general or special election, and received no
later than the [twentieth] FIFTH day before such election, or  delivered
in person to such county board of elections not later than the tenth day
before  a  special election, shall entitle the applicant to vote in such
election, if he or she is otherwise qualified, provided,  however,  such

S. 2538                             6

applicant  shall  not vote on a voting machine until his or her identity
is verified. Any county board of elections receiving an application form
from a person who does not reside  in  its  jurisdiction  but  who  does
reside  elsewhere in the state of New York, shall forthwith forward such
application form to the proper county board of elections. Each board  of
elections  shall  make  an  entry  on  each  such form of the date it is
received by such board.
  S 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of  the
election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
2008, are amended and a new paragraph (n) is added 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.
  (k) The form shall also include space for the  following  information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) The date of birth of the applicant.
  (iv) A space for the applicant to indicate his or her driver's license
or  department  of motor vehicles non-driver photo ID number or the last
four digits of his or her social security number or,  if  the  applicant
does  not have either such number, a space for the applicant to indicate
he or she does not have either.
  (v) A space for the applicant to indicate whether or not he or she  is
a citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
  (vi) [A space for the applicant to answer the question "Will you be 18
years  of  age  on  or  before  election day?" and the statement "If you
checked "no" in response to this question, do  not  complete  this  form
unless you will be 18 by the end of the year."
  (vii)] A statement informing the applicant that if the form is submit-
ted by mail and the applicant is registering for the first time, certain
information or documents must be submitted with the mail-in registration
form  in  order  to  avoid  additional  identification requirements upon
voting for the first time. Such information and documents are:
  (A) a driver's license or  department  of  motor  vehicles  non-driver
photo ID number; or
  (B)  the  last four digits of the individual's social security number;
or
  (C) a copy of a current and valid photo identification; or
  (D) a copy of a  current  utility  bill,  bank  statement,  government
check,  paycheck  or  other  government document that shows the name and
address of the voter.
  [(viii)] (VII) The gender of the applicant (optional).
  [(ix)] (VIII) A space for the applicant to indicate his or her  choice
of party enrollment, with a clear alternative provided for the applicant
to decline to affiliate with any party.
  [(x)] (IX) The telephone number of the applicant (optional).

S. 2538                             7

  [(xi)]  (X)  A  place  for the applicant to execute the form on a line
which is clearly  labeled  "signature  of  applicant"  preceded  by  the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I  meet  all  the  requirements  to  register to vote in New York
       State.
     * This is my signature or mark on the line below.
     * All the information contained on  this  application  is  true.  I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which  form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
  [(xii)] (XI) A space for the applicant to register  in  the  New  York
state  donate  life  registry for organ and tissue donations established
pursuant to section forty-three hundred ten of the public health law.
  (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
  (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
SOURCE AGENCIES AND THE STATE OR COUNTY  BOARDS  OF  ELECTIONS  ARE  NOT
REQUIRED  TO  INCLUDE  THE COLLECTION OR TRANSMISSION OF THE INFORMATION
REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR  (XI)  OF
PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
TO  REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN
THE STATE WHOSE INFORMATION IS  TRANSMITTED PURSUANT TO SECTION 5-200 OF
THIS TITLE FOR THE REASON THAT SUCH INFORMATION  DOES  NOT  INCLUDE  THE
INFORMATION  REQUESTED  BY  PARAGRAPH  (J)  OR  SUBPARAGRAPH (I), (VII),
(VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S 11. Subdivisions 9, 11 and 14 of section 5-210 of the election  law,
as  amended  by  chapter 179 of the laws of 2005, are amended to read as
follows:
  9. The county board of elections shall, promptly and in any event, not
later than twenty-one days after receipt by it of the application, veri-
fy the identity of the applicant, EXCEPT  IF  SUCH  BOARD  RECEIVES  THE
APPLICATION  WITHIN  TWENTY-ONE  DAYS  OF  A SPECIAL, PRIMARY OR GENERAL
ELECTION, THE BOARD SHALL VERIFY THE IDENTITY OF  THE  APPLICANT  WITHIN
FIVE  DAYS  OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER. In order
to do so, the county board of elections shall  utilize  the  information
provided in the application and shall attempt to verify such information
with  the  information  provided  by  the  department of motor vehicles,
social security administration and any other lawful  available  informa-
tion  source.  If  the county board of elections is unable to verify the
identity of the applicant within twenty-one days of the receipt  of  the
application,  it shall immediately take steps to confirm that the infor-
mation provided by the applicant was accurately utilized by such  county
board  of  elections,  was  accurately  verified  with other information
sources and that no data entry error, or other similar  type  of  error,
occurred.  Following completion of the preceding steps, the county board
of elections shall mail (a) a notice of its approval, (b)  a  notice  of
its  approval  which  includes an indication that such board has not yet
been able to verify the identity of the applicant and a request for more
information so that such verification may be completed, or (c) a  notice
of  its rejection of the application to the applicant in a form approved
by the state  board  of  elections.  Notices  of  approval,  notices  of
approval  with  requests  for  more  information or notices of rejection

S. 2538                             8

shall be sent by nonforwardable first class or return postage guaranteed
mail on which is  endorsed  "ADDRESS  CORRECTION  REQUESTED"  and  which
contains  a request that any such mail received for persons not residing
at the address be dropped back in the mail. The voter's registration and
enrollment  shall  be  complete  upon  receipt of the application by the
appropriate county board of elections. The failure of a county board  of
elections  to  verify an applicant's identity shall not be the basis for
the rejection of a voter's application,  provided,  however,  that  such
verification  failure  shall  be the basis for requiring county board of
elections to take the additional verification  steps  provided  by  this
chapter.  The  notice  shall also advise the registrant of the date when
his registration and enrollment is effective, of the date and the  hours
of  the next regularly scheduled primary or general election in which he
will be eligible to vote, of the location of the polling  place  of  the
election  district  in which he is or will be a qualified voter, whether
such polling place is accessible to physically  handicapped  voters,  an
indication  that  physically handicapped voters or voters who are ill or
voters who will be out of the city or county on the day of  the  primary
or  general election, may obtain an absentee ballot and the phone number
to call for absentee ballot applications, the phone numbers to call  for
location  of  polling places, to obtain registration forms and the phone
number to call to indicate  that  the  voter  is  willing  to  serve  on
election  day  as an inspector, poll clerk or interpreter. The notice of
approval, notice of approval with request for more information or notice
of rejection shall also advise the applicant  to  notify  the  board  of
elections if there is any inaccuracy. The form of such mail notification
shall  be  prescribed  by the state board of elections and shall contain
such other information and instructions as it may reasonably require  to
carry out the purposes of this section. The request for more information
shall  inform  the  voter  that  "THE  FAILURE  TO  CONTACT THE BOARD OF
ELECTIONS AND CORRECT ANY INACCURACIES IN  THE  APPLICATION  OR  PROVIDE
REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
TION  AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such
notice is returned undelivered without a new address,  the  board  shall
forthwith  send  such  applicant  a  confirmation notice pursuant to the
provisions of section 5-712 of this article and place such applicant  in
inactive  status.  The  state  board  of elections shall prepare uniform
notices by this section as provided for in subdivision eight of  section
3-102 of this chapter.
  11. If the county board of elections suspects or believes that for any
reason  the applicant is not entitled to registration and enrollment, it
shall make inquiry in reference thereto. If the board of elections shall
find that the applicant is not qualified to  register  and  enroll,  the
application  shall  be  rejected  and  the  applicant  notified  of such
rejection and the reason therefor, no later than ten days before the day
of the first primary or general election  occurring  at  least  [twenty-
five]  TEN  days after the filing of the application, EXCEPT THAT IF THE
APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN  DAYS  BEFORE  THE
DAY  OF  THE  FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTIFY
THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  14. Notwithstanding the entry by the county board of elections on  the
registration  poll record of the information contained on an application
form prescribed by this section, such entry shall not preclude the coun-
ty board of elections from subsequently rejecting the application if  it
is  not  satisfied that the applicant is entitled to register and enroll
as provided by this section, provided that the applicant is notified  of

S. 2538                             9

such  rejection  and  reasons therefor no later than ten days before the
day of the first primary or general election occurring at  least  [twen-
ty-five] TEN days after the filing of such application form, EXCEPT THAT
IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  S  12.  Subdivisions  11  and 12 of section 5-211 of the election law,
subdivision 11 as amended by chapter 200 of the laws of 1996 and  subdi-
vision  12  as  added by chapter 659 of the laws of 1994, are amended to
read as follows:
  11. The participating agency shall transmit  [the  completed  applica-
tions  for  registration  and  change  of address forms] ALL INFORMATION
COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  to  the  appropriate
board of elections not later than ten days after receipt except that all
such completed applications and forms received by the agency 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 twentieth day before such election.
  12. [Completed  application  forms,  when  received]  ALL  INFORMATION
COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE by a participating
agency not later than the  twenty-fifth  day  before  the  next  ensuing
primary,  general  or special election and transmitted by such agency to
the appropriate board of elections so that they  are  received  by  such
board  not later than the twentieth day before such election shall enti-
tle the applicant to vote in such election provided the board determines
that the applicant is otherwise qualified.
  S 13. Subdivisions 11 and 12 of section 5-211 of the election law,  as
amended by section twelve of this act, are amended to read as follows:
  11.  The participating agency shall transmit all information collected
pursuant to section 5-200 of this title  to  the  appropriate  board  of
elections  not  later  than  ten days after receipt except that all such
completed applications and forms received  by  the  agency  between  the
[thirtieth]  FIFTEENTH  and  [twenty-fifth] TENTH 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 [twentieth] FIFTH
day before such election.
  12. All information collected pursuant to section 5-200 of this  title
by  a  participating  agency not later than the [twenty-fifth] TENTH day
before the next ensuing primary, general or special election and  trans-
mitted by such agency to the appropriate board of elections so that they
are  received  by  such  board  not later than the [twentieth] FIFTH day
before such election  shall  entitle  the  applicant  to  vote  in  such
election  provided  the board determines that the applicant is otherwise
qualified.
  S 14. Subdivision 14 of section 5-211 of the election law, as  amended
by  chapter 200 of the laws of 1996, is amended and two new subdivisions
18 and 19 are added to read as follows:
  14. Applications shall be processed by the board of elections  in  the
manner  prescribed  by  [section] SECTIONS 5-200 AND 5-210 of this title
or, if the applicant is already registered to vote from another  address
in the 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.
  18.  ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS

S. 2538                            10

ELIGIBLE TO REGISTER OR PRE-REGISTER TO  VOTE  UNDER  PARAGRAPH  (G)  OF
SUBDIVISION  FIVE  OF SECTION 5-210 OF THIS TITLE IN THE SAME MANNER AND
SUBJECT TO THE SAME PROVISIONS AND RULES AND REGULATIONS  AS  ALL  OTHER
DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
TY  OR  PUBLIC  SCHOOL  DISTRICT  THAT  IS NOT OTHERWISE DESIGNATED AS A
SOURCE AGENCY PURSUANT TO SECTION 5-200  OF  THIS  TITLE  SHALL  NOT  BE
REQUIRED  TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'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 SEVEN-
TEEN OF THIS SECTION.
  19. THE STATE BOARD OF ELECTIONS OR, IN THE CITY OF NEW YORK, THE  NEW
YORK  CITY BOARD OF ELECTIONS, SHALL PROVIDE TO PUBLIC COLLEGES, UNIVER-
SITIES, AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGIS-
TRATION APPLICATIONS THAT IDENTIFY EACH SUCH APPLICATION AS  ORIGINATING
FROM  EITHER A PUBLIC COLLEGE, UNIVERSITY, OR 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 EACH COLLEGE, UNIVERSI-
TY, OR SCHOOL DISTRICT COVERED BY THIS CHAPTER, EXCEPT THAT THE NEW YORK
CITY BOARD OF ELECTIONS SHALL PROVIDE AND DELIVER  SUCH  FORMS  TO  EACH
PARTICIPATING  PUBLIC UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT LOCATED IN
THE CITY OF NEW YORK. EVERY BOARD OF ELECTIONS SCANNING VOTER  REGISTRA-
TION  FORMS SHALL CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT
THEM ON A MONTHLY BASIS TO THE STATE BOARD OF ELECTIONS WHICH SHALL MAKE
SUCH DETAILED INFORMATION AVAILABLE TO THE PUBLIC.
  S 15. Subdivisions 6 and 7 of  section  5-212  of  the  election  law,
subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
sion  7 as added by chapter 659 of the laws of 1994, are amended to read
as follows:
  6. The department of motor vehicles shall transmit  [that  portion  of
the form which constitutes the completed application for registration or
change  of  address  form] ALL INFORMATION COLLECTED PURSUANT TO SECTION
5-200 OF THIS TITLE 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 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 twentieth day before such election.    All  transmittals  shall
include  original  signatures OR AN ELECTRONIC IMAGE THEREOF AS REQUIRED
BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS TITLE.
  7. [Completed application forms received]  ALL  INFORMATION  COLLECTED
PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
cles  not later than the twenty-fifth day before the next ensuing prima-
ry, 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 determines that the appli-
cant is otherwise qualified.
  S 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
amended by section fifteen of this act, are amended to read as follows:
  6.  The  department  of  motor vehicles shall transmit all information
collected pursuant to section 5-200 of this  title  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 between
the  [thirtieth]  FIFTEENTH  and  [twenty-fifth]  TENTH  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

S. 2538                            11

[twentieth] FIFTH day before such  election.    All  transmittals  shall
include  original  signatures or an electronic image thereof as required
by subdivision four of section 5-200 of this title.
  7.  All  information collected pursuant to section 5-200 of this title
by the department of motor vehicles not later  than  the  [twenty-fifth]
TENTH  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]  FIFTH  day
before  such  election  shall  entitle  the  applicant  to  vote in such
election provided the board determines that the applicant  is  otherwise
qualified.
  S  17.  Subdivision 3 of section 5-213 of the election law, as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  3. The board of elections shall restore the registration of  any  such
voter  to  active  status  if such voter notifies the board of elections
that he resides at the address from which he is registered, or the board
finds that such voter has validly signed  a  designating  or  nominating
petition  which states that he resides at such address, or if such voter
casts a ballot in an affidavit envelope which states that he resides  at
such  address, or if the board receives notice that such voter has voted
in an election conducted with registration lists  prepared  pursuant  to
the  provisions of section 5-612 of this article.  If any such notifica-
tion or information is received [twenty]  TEN  days  or  more  before  a
primary,  special or general election, the voter's name must be restored
to active status for such election.
  S 18. Subdivision 3 of section 5-304 of the election law,  as  amended
by chapter 90 of the laws of 1991, is amended to read as follows:
  3.  A change of enrollment received by the board of elections, SHOWING
A DATED CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL  SERVICE  OR
CONTAINED  IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS DATED,
not later than the twenty-fifth day before the [general  election  shall
be deposited in a sealed enrollment box, which shall not be opened until
the  first  Tuesday  following  such  general  election.  Such change of
enrollment shall be then removed and entered as provided in  this  arti-
cle]  NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED NO
LATER THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON  TO
SUCH  COUNTY  BOARD  OF  ELECTIONS NOT LATER THAN THE TENTH DAY BEFORE A
PRIMARY, GENERAL OR  SPECIAL  ELECTION,  SHALL  BE  EFFECTIVE  FOR  SUCH
ELECTION.  ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED IN THIS ARTI-
CLE AND SHALL BE DEEMED TO TAKE EFFECT  ON  THE  TENTH  DAY  AFTER  SUCH
CHANGE  OF  ENROLLMENT  IS  RECEIVED BY THE BOARD OF ELECTIONS OR IF THE
CHANGE OF ENROLLMENT, OR THE  ENVELOPE  CONTAINING  IT,  BEARS  A  DATED
CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL
BE ENTERED AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE
DATE OF SUCH MARK, WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE
EFFECT  SOONER  THAN  THE  FIFTH DAY AFTER THE RECEIPT OF SUCH CHANGE OF
ENROLLMENT BY THE BOARD OF ELECTIONS.
  S 19. The opening paragraph of  paragraph  (e)  of  subdivision  3  of
section 8-302 of the election law, as amended by chapter 125 of the laws
of 2011, is amended to read as follows:
  Whenever  a  voter  presents  himself  or herself and offers to cast a
ballot, and he or she claims to live in the election district  in  which
he or she seeks to vote but no registration poll record can be found for
him  or her in the poll ledger or his or her name does not appear on the
computer generated registration list or his or her  signature  does  not
appear  next  to his or her name on such computer generated registration

S. 2538                            12

list or his or her registration poll record or  the  computer  generated
registration  list  does not show him or her to be enrolled in the party
in which he or she claims to be enrolled AND THE VOTER IS NOT  OTHERWISE
ELIGIBLE  TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
THIS SECTION, a poll clerk or election inspector shall  consult  a  map,
street  finder  or  other  description  of all of the polling places and
election districts  within  the  political  subdivision  in  which  said
election  district  is  located  and  if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for  the  residence  address
provided  by  the voter to such poll clerk or election inspector. There-
after, such voter shall be permitted to vote in said  election  district
only as hereinafter provided:
  S  20.  Section  8-302  of the election law is amended by adding a new
subdivision 3-d to read as follows:
  3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND  OR
WHOSE  INFORMATION  IS  INCOMPLETE  OR  INCORRECT ON THE STATEWIDE VOTER
REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH  A
SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
TER  AND  CONSENTED  TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN
AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF  REGIS-
TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
SION  TWO  OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE
PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER  TO  VOTE  OR  THAT  THE
PERSON  DID  NOT  REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
  (A) A PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT  STATING  THAT
THE  PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND  CONSENTED  TO  USE
AGENCY  INFORMATION  FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT SHALL BE
SUFFICIENT EVIDENCE OF REGISTERING TO VOTE  OR  PERFORMING  ANY  OF  THE
ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
FOR THE PURPOSES OF THIS SECTION.
  (B)  A  PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE TO AN
AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY  PROOF  OF
IDENTITY,  BUT  THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF  SUBDIVI-
SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
THE FEDERAL HELP AMERICA VOTE ACT.
  S 21. Subdivision 11 of section 5-614 of the election law, as added by
chapter 24 of the laws of 2005, is amended to read as follows:
  11.  The  state  board  of elections shall establish a statewide voter
[hotline using information available through the statewide voter  regis-
tration  list  for  voters  to  obtain information regarding their voter
registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
PUBLIC WEBSITE ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE  BOARD  OF
ELECTIONS  AND  THROUGH  A  TOLL-FREE TELEPHONE NUMBER MAINTAINED BY THE
STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
  A. ALLOW ANY VOTER:
  (I) TO REVIEW THE VOTER REGISTRATION INFORMATION  REPRESENTED  ON  THE
STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;

S. 2538                            13

  (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
VOTER  REGISTRATION  INFORMATION,  WHICH SHALL BE SENT TO THE APPLICABLE
COUNTY BOARD OF ELECTIONS; AND
  (III)  TO  DETERMINE  THE  LOCATION  OF THE POLLING PLACE TO WHICH THE
VOTER IS ASSIGNED;
  B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
  (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
RESIDENTIAL ADDRESS WITHIN THE STATE; AND
  (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED  ON  THE  STATEWIDE
VOTER REGISTRATION LIST; AND
  C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
WHO  IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW
THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE  INTERFACE,  THE  DATA
COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
RECEIPT  OF  SUCH  DATA,  THE STATE BOARD OF ELECTIONS SHALL FORWARD THE
INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY  WHERE
THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
SUBMITTED  BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO
THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF  2002
(42  U.S.C.  S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE
SHALL NOT RENDER THE APPLICATION INCOMPLETE OR  OTHERWISE  PRECLUDE  THE
REGISTRATION OF AN ELIGIBLE CITIZEN.
  FOR  ANY  ELIGIBLE  CITIZEN  ATTEMPTING  TO USE THE SYSTEM ESTABLISHED
UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE  PROCESSED
AS  VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN
AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE  EFFECT  FOR
THE  PROXIMATE  ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM
ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER  REGISTRA-
TION  INFORMATION  UNDER  THIS  SECTION, THE SYSTEM MUST ALSO NOTIFY THE
CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY  PROCEDURE  PROVIDED  IN
SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
  THE  BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
CITIZEN WHO SUBMITS AN APPLICATION  PURSUANT  TO  THIS  SUBDIVISION  AND
WHOSE  APPLICATION  LACKS AN ELECTRONIC SIGNATURE TO PROVIDE A SIGNATURE
AT THE POLLING PLACE OR WITH  AN  APPLICATION  FOR  AN  ABSENTEE  BALLOT
BEFORE VOTING. THE BOARD OF ELECTIONS MAY REQUIRE AN ELECTOR WHO HAS NOT
PROVIDED  A SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING
AN ABSENTEE BALLOT TO PRESENT A CURRENT AND VALID  PHOTO  IDENTIFICATION
OR  A  COPY OF A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,
PAYCHECK, OR OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME  AND  ADDRESS
OF THE VOTER.
  S  22.  Subdivision 3 of section 8-510 of the election law, as amended
by chapter 43 of the laws of 1988, is amended to read as follows:
  3. The inspectors shall place such completed report,  and  each  court
order,  if  any,  directing that a person be permitted to vote, AND EACH
AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302  OF
THIS ARTICLE, inside a ledger of registration records or computer gener-
ated registration lists between the front cover, and the first registra-
tion  record  and  then shall close and seal each ledger of registration
records or computer generated registration lists, affix their  signature
to  the  seal,  lock such ledger in the carrying case furnished for that
purpose and enclose the keys in a sealed package or seal  such  list  in
the envelope provided for that purpose.
  S  23.  The  election law is amended by adding a new section 17-138 to
read as follows:

S. 2538                            14

  S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER  COLOR
OF  ANY  PROVISION  OF  LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION  PURPOSES,
A  PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE  FROM  THE  STATEWIDE
VOTER  REGISTRATION  LIST  EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
ENFORCE ELECTION LAWS.
  S 24. Subdivision 1 of section 3-220 of the election law,  as  amended
by chapter 104 of the laws of 2010, is amended to read as follows:
  1.  All  registration  records,  certificates,  lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of  the  board
of elections or its employees and subject to such reasonable regulations
as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
RECORD  OPEN  TO  PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANSMISSION
AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR  PUBLIC
INSPECTION:
  (A) ANY VOTER'S SIGNATURE;
  (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
  (C) ANY PORTION OF a voter's driver's license number,  [department  of
motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
security number and facsimile number [shall not be released  for  public
inspection];
  (D) ANY VOTER'S TELEPHONE NUMBER; AND
  (E)  ANY  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
any time by any person other than a member of a  registration  board  or
board  of  inspectors  of  elections  or  board  of  elections except as
provided by rules imposed by the board of elections.
  S 25. Subdivision 4 of section 3-212 of the election law is amended by
adding two new paragraphs (c) and (d) to read as follows:
  (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION, SHALL ALSO INCLUDE:
  (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
BY SOURCE;
  (2)  THE  NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP-
TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE  TO
VOTE;
  (3)  THE  NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
VOTER REGISTRATION;
  (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER  REGISTRATION  FORMS  AND/OR
REQUESTS  TO  UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
  (5) THE NUMBER OF VOTERS WHO CORRECT  VOTER  REGISTRATION  INFORMATION
USING  THE  ELECTION-DAY  PROCEDURE  DESCRIBED  IN SECTION 8-302 OF THIS
CHAPTER.
  (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION,  SHALL  EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY IDENTIFIES ANY
PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
  S 26. Section 17-104 of  the  election  law  is  amended  to  read  as
follows:
  S 17-104. False registration. 1. Any person who:

S. 2538                            15

  [1.]  (A) Registers or attempts to register as an elector in more than
one election district for the same election, or more than  once  in  the
same election district; or,
  [2.] (B) Registers or attempts to register as an elector, knowing that
he  will  not  be  a qualified voter in the district at the election for
which such registration is made; or
  [3.] (C) Registers or attempts to register as  an  elector  under  any
name but his OR HER own; or
  [4.]  (D)  Knowingly  gives  a  false  residence  within  the election
district when registering as an elector; or
  [5.] (E) Knowingly permits, aids, assists, abets,  procures,  commands
or advises another to commit any such act, is guilty of a felony.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, NO PERSON
SHALL BE LIABLE FOR AN ERROR IN THE STATEWIDE  VOTER  REGISTRATION  LIST
UNLESS  SUCH  PERSON  KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT IN
ORDER TO EFFECTUATE OR PERPETUATE VOTER REGISTRATION. AN  ERROR  IN  THE
STATEWIDE  VOTER  REGISTRATION LIST SHALL NOT CONSTITUTE A FRAUDULENT OR
FALSE CLAIM TO CITIZENSHIP.
  S 27. Subdivision 17 of section 3-102 of the election law,  as  renum-
bered  by  chapter  23 of the laws of 2005, is renumbered subdivision 21
and four new subdivisions 17, 18,  19  and  20  are  added  to  read  as
follows:
  17.  ENSURE  THAT, UPON RECEIPT AND VERIFICATION OF A PERSON'S EXPRESS
REQUEST TO OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME  AND  REGIS-
TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
TRATION LISTS;
  18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
PERSON  WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART, TO
ANY THIRD PARTY FOR ANY PURPOSE OTHER THAN THE  COMPILATION  OF  A  JURY
LIST;
  19.  PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING EACH
CLASS OF USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE  STATEWIDE  VOTER
REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION  LIST  AND  TO ANY LIST PROVIDED BY A SOURCE AGENCY OR LIST
MAINTENANCE SOURCE, AND SETTING FORTH OTHER SAFEGUARDS  TO  PROTECT  THE
PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
TION LIST;
  20.  PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF TRANSFER
OF ADDRESS BY ELECTRONIC MAIL; AND
  S 28. This act shall take effect immediately; provided, however,  that
sections  two,  three,  four,  six, seven, eight, ten, twelve, fourteen,
fifteen, nineteen, twenty, twenty-one, twenty-two, and  twenty-three  of
this  act  shall  take  effect  January  1,  2017; provided further that
sections five, nine, eleven, thirteen, sixteen, seventeen, and  eighteen
of  this  act shall take effect January 1, 2018.  Effective immediately,
any  rules,  regulations  and  agreements  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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2015-S2538A - Details

See Assembly Version of this Bill:: A5972
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd El L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1974
2013-2014: S619
2017-2018: S3304, A2278

2015-S2538A - Summary

Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.

2015-S2538A - Sponsor Memo

                                BILL NUMBER:S2538A

TITLE OF BILL:

An act to amend the election law, in relation to enacting the "voter
empowerment act of New York"

PURPOSE:

The Voter Empowerment Act of New York provides for automating voter
registration of eligible consenting citizens at designated government
agencies, permitting the pre-registration of sixteen and seventeen
year-olds; transferring the registrations of New Yorkers who move
within the state, providing for access to voter registration records
and the registration of eligible citizens over the Internet, and
moving the deadlines for voter registration and party enrollment.

SUMMARY OF SPECIFIC PROVISIONS:

The Voter Empowerment Act of New York modernizes and streamlines the
election law in several ways, as summarized below:

Amends the election law to clarify that a college student may vote in
the community which is the locus of primary concern to that citizen at
the time of the election, including his or her parental residence, or
alternatively, his or her residence within the college or university

community;

Amends the election law by adding a new section that will automate the
voter registration process at government agencies required to offer'
voter registration services, and allows the board of elections to
designate additional state agencies to serve as sources for voter
registration;

Amends the election law to require boards of elections to update the
registration of any consenting voter who moves within the state or
changes his or her name and submits change of address or name
information to officials at designated government agencies;

Amends the election law to require the state board of elections to
make certain registration information available to voters via
telephone and the Internet and to provide for voter registration or
registration updates over the Internet;

Amends the election law by moving the deadline for voter registration
to ten days before an election and moves the deadline for an effective
party enrollment change to ten days before any election;

Amends the election law by adding a new section allowing for the
correction of registration records on Election Day by voters who
consented to registration at designated government agencies but were
not registered or inaccurately registered;

Amends the election law to increase the privacy of voters and the
security of voter information in the statewide voter registration
list; Amends the election law by providing for the provision of voter


registration forms to students by colleges, universities and public
school districts;

Amends the election law by authorizing the pre-registration to vote of
16 and 17 year olds.

JUSTIFICATION:

Modernizing the voter registration system will increase the efficiency
of voter registration for the State and its constituent governmental
units, save hundreds of thousands of dollars each year, increase the
completeness and accuracy of the statewide voter registration list,
prevent erroneous disenfranchisement of eligible citizens, promote
greater participation of eligible voters in elections, and reduce the
incidence of voter registration fraud and voting fraud.

New York's paper-based voter registration system is inefficient, error
prone, and unjustifiably costly. A modem voter registration system
that electronically transmits voter registration information will
reduce costs involved in processing voter registrations and
maintaining complete and accurate voter registration lists. Other
states that have implemented similar programs have experienced
significant cost savings.

In eliminating reliance on paper, a modem voter registration system
will reduce the number of duplicate or outdated registration records
and ensure that fewer eligible voters are left off the voter rolls or
are registered at incorrect or former addresses. A modern voter
registration system will also reduce the inaccuracy and
disenfranchisement that occurs because of human error. By reducing the
administrative burdens presently involved in ensuring that a voter's
current and accurate information is included on the statewide voter
registration list, a modern voter registration system promotes greater
participation of eligible voters in elections. Other states that have
implemented similar programs have succeeded in attaining higher voter
registration rates at participating government agencies and more
accurate voter registration lists.

In addition, this bill streamlines the voter registration and party
enrollment deadlines to provide a uniform election deadline ten days
before any election. Under current law, when a registered voter seeks
to change his or her party enrollment to a different party, enroll in
a party (when not previously enrolled in any party), or to end his/her
enrollment in a party, the effective change of that enrollment is
deferred until the first Tuesday following the general election. As a
result, voters wishing to make such changes of enrollment may have to
wait as long as thirteen months to see their changes of enrollment
take effect. Under this bill, changes of enrollment would take effect
ten (10) days after such changes were applied for. This new timeframe
would coincide with the deadlines for voter registration thus
simplifying the process for both voters and county boards of
elections.

Finally, this bill will expand opportunities for young voters to
register and vote, ensuring that young people become invested in the
election process at an early age. The bill would add a section to the
New York voter registration form allowing 16- and 17-year-olds to


pre-register to vote. The boards of elections would store this
information and use it to register the applicants when they reach the
age of eligibility following verification of their qualifications and
address. Pre-registration is a key component of voter registration
modernization, and ensure that each eligible voter has every
opportunity to register and vote.

Modernizing the voter registration system will increase voter
registration and participation, while also increasing the accuracy of
the voter registration list, thus reducing the opportunities for
fraud.

LEGISLATIVE HISTORY:

2014: S0619B (Gianaris) - Elections; A00187B (Kavanagh) - Election Law
2013: S0619A (Gianaris) - Elections; A00187A (Kavanagh) - Election Law
2012: S1974D (Gianaris) - Elections; A01712D (Kavanagh) - Election Law
2011: S1974 (Gianaris) - Elections; A01712 (Kavanagh) - Election Law
2010: No Senate Bill; A05265 (Gianaris) - Election Law
2009: No Senate Bill; A05265 (Gianaris) - Election Law
2008: No Senate Bill; A04346 (Gianaris) - Election Law
2007: No Senate Bill; A04346 (Gianaris) - Election Law
2006: No Senate Bill; A03480 (Gianaris) - Election Law
2005: No Senate Bill; A03480 (Gianaris) - Election Law
2004: No Senate Bill; A09346 (Gianaris) - Election Law

FISCAL IMPACT ON THE STATE:

Projected cost savings from a decrease in costs required to administer
voter registration, in an amount to be determined.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
sections two, three, four, six, seven, eight, ten, twelve, fourteen,
fifteen, nineteen, twenty, twenty-one, twenty-two, and twenty-three of
this act shall take effect January 1, 2016; provided further that
sections five, nine, eleven, thirteen, sixteen, seventeen, and
eighteen of this act shall take effect January 1, 2017. Effective
immediately, any rules, regulations and agreements necessary to
implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

2015-S2538A - Bill Text download pdf

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

                                 2538--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, DILAN, HASSELL-THOMPSON,
  HOYLMAN, KENNEDY,  KRUEGER,  MONTGOMERY,  PERALTA,  PERKINS,  SAMPSON,
  SERRANO,  STAVISKY, STEWART-COUSINS -- 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

AN ACT to amend the election law, in relation  to  enacting  the  "voter
  empowerment act of New York"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "voter empowerment act of New York".
  S  2.  Section  5-104  of  the election law is amended by adding a new
subdivision 3 to read as follows:
  3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION REGARD-
ING THE RIGHT OF STUDENTS TO REGISTER AND VOTE SHALL BE INTERPRETED IN A
MANNER CONSISTENT WITH THE CONSTITUTIONAL REQUIREMENT THAT EACH  CITIZEN
MUST  BE  PERMITTED TO VOTE IN THAT COMMUNITY WHICH IS THE "LOCUS OF ...
PRIMARY CONCERN" TO THAT CITIZEN AT THE TIME OF THE ELECTION. ACCORDING-
LY, A STUDENT ATTENDING A COLLEGE OR UNIVERSITY IN THIS STATE  SHALL  BE
PERMITTED TO RETAIN HIS OR HER PARENTAL RESIDENCE FOR VOTING PURPOSES IF
THE  PARENTAL  COMMUNITY  REMAINS  THE  LOCUS  OF  THE STUDENT'S PRIMARY
CONCERN OR, IN THE ALTERNATIVE, A STUDENT SHALL BE PERMITTED TO REGISTER
AND VOTE FROM HIS OR HER RESIDENCE  WITHIN  THE  COLLEGE  OR  UNIVERSITY
COMMUNITY IF HE OR SHE REGARDS THE COLLEGE OR UNIVERSITY AS THE COMMUNI-
TY OF PRIMARY CONCERN.
  S 3. The election law is amended by adding a new section 5-200 to read
as follows:
  S  5-200.  AUTOMATED  VOTER REGISTRATION. 1. NOTWITHSTANDING ANY OTHER
MANNER OF REGISTRATION REQUIRED BY THIS  ARTICLE,  EACH  PERSON  IN  THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03180-02-5

S. 2538--A                          2

BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
  2.  THE  STATE  BOARD  OF ELECTIONS OR COUNTY BOARD OF ELECTIONS SHALL
REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN  THE
STATE  QUALIFIED  TO  VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE WHO
CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
  (A) COMPLETES AN APPLICATION FOR A NEW OR  RENEWED  DRIVER'S  LICENSE,
NON-DRIVER   IDENTIFICATION   CARD,  PRE-LICENSING  COURSE  CERTIFICATE,
LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
MENT OF MOTOR VEHICLES, OR NOTIFIES SUCH  DEPARTMENT  IN  WRITING  OF  A
CHANGE OF HIS OR HER NAME OR ADDRESS;
  (B)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM  AGEN-
CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
  (C)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH  SERVICES  FROM  ANY
MUNICIPAL  HOUSING  AUTHORITY  AS  SET  FORTH IN ARTICLE THIRTEEN OF THE
PUBLIC HOUSING LAW;
  (D) REGISTERS FOR CLASSES AT INSTITUTIONS OF THE STATE  UNIVERSITY  OF
NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
  (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
PAROLE;
  (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
  (G)  BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF MILITARY
AND NAVAL AFFAIRS; OR
  (H) COMPLETES AN APPLICATION WITH ANY OTHER STATE  OR  FEDERAL  AGENCY
DESIGNATED  AS  A SOURCE AGENCY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
THREE OF THIS SECTION.
  3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
TITLE, THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY  OF  NEW
YORK,  ALL  PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN OF THE
PUBLIC HOUSING LAW, THE DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  THE  DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF MILITARY AND
NAVAL AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF  ELECTIONS
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN-
CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
  (I) THE LIKELIHOOD THAT SOURCE  RECORDS  REFLECT  A  LARGE  NUMBER  OF
ELIGIBLE CITIZENS;
  (II)  THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO
WOULD NOT OTHERWISE BE REGISTERED  UNDER  THE  ACT  TO  MODERNIZE  VOTER
REGISTRATION;
  (III)  THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS;
AND
  (IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION  OFFICIAL
AS  REASONABLY  RELATED  TO  ACCOMPLISHING  THE  PURPOSES  OF THE ACT TO
MODERNIZE VOTER REGISTRATION.
  4. THE STATE BOARD OF ELECTIONS AND THE SOURCE  AGENCIES  SHALL  ENTER
INTO  AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION
TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO  THE
STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
  (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
  (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;

S. 2538--A                          3

  (C) DATE OF BIRTH;
  (D) CITIZENSHIP;
  (E)  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE  FOR  THE
PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
  (F) POLITICAL PARTY ENROLLMENT, IF ANY;
  (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
BALLOT, IF ANY; AND
  (H) AN IMAGE OF THE PERSON'S SIGNATURE.
  IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT  TO  THIS  SECTION
FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
SIGNATURE  SHALL  NOT  PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO  ENABLE  AN  ELIGIBLE
CITIZEN,  WHOSE  INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A  SIGNATURE
AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT  PROVIDED  A
SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
BALLOT  TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,  PAYCHECK,  OR
OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
  5.  IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING THE
CITIZENSHIP STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS  SUFFICIENT
TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
ZENSHIP  FOR  EACH  PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO  AN
INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
  6.  THE  STATE  BOARD  OF  ELECTIONS  SHALL  PREPARE AND DISTRIBUTE TO
PARTICIPATING AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION  OF
THE  PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS
FOR EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING  SHALL
INCLUDE  REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE TO
EACH INDIVIDUAL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION  THAT  THE
SOURCE  AGENCY  MAINTAINS  STRICT  NEUTRALITY WITH RESPECT TO A PERSON'S
PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER  REGISTRATION  FORMS  AND
INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO  VOTE.
NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
CANT FROM REGISTERING TO VOTE.
  7.  THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE
AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION,  ADDITIONAL
INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
TATING  VOTER  REGISTRATION,  THE  FREQUENCY  OF DATA TRANSMISSIONS, THE
PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE  SECURITY
AND  PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
  8. EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD  OF
ELECTIONS  AND  COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH  SUCH
PERSON  TO  VOTE  OR  TO  UPDATE  EACH  SUCH PERSON'S VOTER REGISTRATION
RECORD.
  9. EACH SOURCE AGENCY SHALL ENTER INTO AN  AGREEMENT  WITH  THE  STATE
BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-

S. 2538--A                          4

SMISSIONS  REQUIRED  BY  THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
THOUSAND SEVENTEEN; PROVIDED, THAT EACH SOURCE AGENCY SHALL BE  ABLE  TO
COMPLY  FULLY  WITH  ALL  REQUIREMENTS  OF  THIS  SECTION, INCLUDING THE
COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
TO VOTE, BY JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
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] STATE, or for any voter who
[casts] SUBMITS 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 OR WHICH TRANSMIT INFORMATION, that the voter has
notified such agency of a change of address in the [same city or county]
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 registration from persons already registered
in such county or city, or any other notices to correspondents  sent  to
the board of elections by such voters.
  6.  If a notice sent pursuant to [subdivision five of] this section is
returned [by the postal service] as undeliverable and without a forward-
ing address, the board of elections shall  return  the  registration  of
such  voter  to  the  original  address,  send such voter a confirmation
notice pursuant to the provisions of subdivision one of section 5-712 of
this [title] ARTICLE and place such voter in inactive status.
  S 5. Subdivision 3 of section 5-208 of the election law, as  added  by
chapter 659 of the laws of 1994, is amended to read as follows:
  3.  If  such  a notice is received at least [twenty] TEN days before a
primary, special or general election, such change  of  address  must  be
completed  before  such  election.  IF  SUCH A NOTICE IS NOT RECEIVED AT
LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR  GENERAL  ELECTION,  THEN  A
VOTER  MAY  VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF SECTION 8-302
OF THIS CHAPTER.
  S 6. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1. The board of elections, between August first and  August  fifth  of
each  year, shall send by first class mail on which is endorsed "ADDRESS
CORRECTION REQUESTED" and which contains a request that  any  such  mail
received  for persons not residing at the address be dropped back in the
mail, a communication,  in  a  form  approved  by  the  state  board  of
elections,  to  every registered voter who has been registered without a
change of address since the beginning of  such  year,  except  that  the
board  of elections shall not be required to send such communications to
voters in inactive status. The communication shall notify the  voter  of
the  days  and  hours  of the ensuing primary and general elections, the
place where he appears by his registration records  to  be  entitled  to
vote,  the  fact  that voters who have moved or will have moved from the

S. 2538--A                          5

address where they were last registered must [re-register  or,  that  if
such  move  was to another address in the same county or city, that such
voter may] either notify the board of elections of his  new  address  or
vote  by  paper  ballot at the polling place for his new address even if
such voter has not re-registered, or otherwise  notified  the  board  of
elections of the change of address. If the location of the polling place
for  the  voter's  election  district  has been moved, the communication
shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
BEEN CHANGED. YOU NOW VOTE AT..........". The communication  shall  also
indicate  whether the polling place is accessible to physically disabled
voters, that a voter who will be out of the city or county on the day of
the primary or general election or a voter  who  is  ill  or  physically
disabled may obtain an absentee ballot, that a physically disabled voter
whose  polling place is not accessible may request that his registration
record be moved to an election district which has a polling place  which
is  accessible,  the  phone  number  to  call for applications to move a
registration record or  for  absentee  ballot  applications,  the  phone
number  to call for the location of registration and polling places, the
phone number to call to indicate that the voter is willing to  serve  on
election  day  as  an  election inspector, poll clerk, interpreter or in
other capacities, the phone number to call to obtain an application  for
registration   by  mail,  and  such  other  information  concerning  the
elections or registration as the board may include. In lieu  of  sending
such communication to every registered voter, the board of elections may
send  a  single  communication  to  a household containing more than one
registered voter, provided that the names of all such voters  appear  as
part of the address on such communication.
  S  7.  Paragraph (a) of subdivision 1 of section 5-400 of the election
law, as amended by chapter 659 of the laws of 1994, is amended  to  read
as follows:
  (a) Moved his OR HER residence outside the [city or county in which he
is registered] STATE.
  S  8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
the election law, paragraphs (b) and (d) as  added  by  section  20  and
paragraph  (c) as added and paragraph (d) as relettered by section 22 of
chapter 659 of the laws of 1994, are amended to read as follows:
  (b) A notice that the registrant has moved to an address  outside  the
[city or county] STATE which is signed by the registrant and sent to the
board of elections.
  (c)  A  notice  signed by the registrant which states that such regis-
trant has moved to an address outside the [city  or  county]  STATE  and
that such change of address is for voter registration purposes.
  (d)  A  notice  from  a board of elections or other voter registration
officer or agency that such  person  has  registered  to  vote  from  an
address outside [such city or county] THE STATE.
  S 9. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 179 of the laws of 2005, is amended to read as follows:
  3.  Completed  application forms, when received by any county board of
elections and, with respect to  application  forms  promulgated  by  the
federal  election  commission,  when  received  by  the  state  board of
elections, or showing a dated cancellation mark  of  the  United  States
Postal  Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the [twenty-fifth] TENTH day  before
the  next  ensuing primary, general or special election, and received no
later than the [twentieth] FIFTH day before such election, or  delivered
in person to such county board of elections not later than the tenth day

S. 2538--A                          6

before  a  special election, shall entitle the applicant to vote in such
election, if he or she is otherwise qualified, provided,  however,  such
applicant  shall  not vote on a voting machine until his or her identity
is verified. Any county board of elections receiving an application form
from  a  person  who  does  not  reside in its jurisdiction but who does
reside elsewhere in the state of New York, shall forthwith forward  such
application  form to the proper county board of elections. Each board of
elections shall make an entry on each  such  form  of  the  date  it  is
received by such board.
  S  10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the
election law, as amended by chapter 179 of the laws  of  2005,  subpara-
graph  (xii)  of  paragraph  (k)  as added by chapter 362 of the laws of
2008, are amended and a new paragraph (n) is added 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.
  (k)  The  form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) The date of birth of the applicant.
  (iv) A space for the applicant to indicate his or her driver's license
or department of motor vehicles non-driver photo ID number or  the  last
four  digits  of  his or her social security number or, if the applicant
does not have either such number, a space for the applicant to  indicate
he or she does not have either.
  (v)  A space for the applicant to indicate whether or not he or she is
a citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
  (vi) [A space for the applicant to answer the question "Will you be 18
years of age on or before election  day?"  and  the  statement  "If  you
checked  "no"  in  response  to this question, do not complete this form
unless you will be 18 by the end of the year."
  (vii)] A statement informing the applicant that if the form is submit-
ted by mail and the applicant is registering for the first time, certain
information or documents must be submitted with the mail-in registration
form in order  to  avoid  additional  identification  requirements  upon
voting for the first time. Such information and documents are:
  (A)  a  driver's  license  or  department of motor vehicles non-driver
photo ID number; or
  (B) the last four digits of the individual's social  security  number;
or
  (C) a copy of a current and valid photo identification; or
  (D)  a  copy  of  a  current  utility bill, bank statement, government
check, paycheck or other government document that  shows  the  name  and
address of the voter.
  [(viii)] (VII) The gender of the applicant (optional).

S. 2538--A                          7

  [(ix)]  (VIII) A space for the applicant to indicate his or her choice
of party enrollment, with a clear alternative provided for the applicant
to decline to affiliate with any party.
  [(x)] (IX) The telephone number of the applicant (optional).
  [(xi)]  (X)  A  place  for the applicant to execute the form on a line
which is clearly  labeled  "signature  of  applicant"  preceded  by  the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I  meet  all  the  requirements  to  register to vote in New York
       State.
     * This is my signature or mark on the line below.
     * All the information contained on  this  application  is  true.  I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which  form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
  [(xii)] (XI) A space for the applicant to register  in  the  New  York
state  donate  life  registry for organ and tissue donations established
pursuant to section forty-three hundred ten of the public health law.
  (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
  (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
SOURCE AGENCIES AND THE STATE OR COUNTY  BOARDS  OF  ELECTIONS  ARE  NOT
REQUIRED  TO  INCLUDE  THE COLLECTION OR TRANSMISSION OF THE INFORMATION
REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR  (XI)  OF
PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
TO  REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN
THE STATE WHOSE INFORMATION IS  TRANSMITTED PURSUANT TO SECTION 5-200 OF
THIS TITLE FOR THE REASON THAT SUCH INFORMATION  DOES  NOT  INCLUDE  THE
INFORMATION  REQUESTED  BY  PARAGRAPH  (J)  OR  SUBPARAGRAPH (I), (VII),
(VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S 11. Subdivisions 9, 11 and 14 of section 5-210 of the election  law,
as  amended  by  chapter 179 of the laws of 2005, are amended to read as
follows:
  9. The county board of elections shall, promptly and in any event, not
later than twenty-one days after receipt by it of the application, veri-
fy the identity of the applicant, EXCEPT  IF  SUCH  BOARD  RECEIVES  THE
APPLICATION  WITHIN  TWENTY-ONE  DAYS  OF  A SPECIAL, PRIMARY OR GENERAL
ELECTION, THE BOARD SHALL VERIFY THE IDENTITY OF  THE  APPLICANT  WITHIN
FIVE  DAYS  OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER. In order
to do so, the county board of elections shall  utilize  the  information
provided in the application and shall attempt to verify such information
with  the  information  provided  by  the  department of motor vehicles,
social security administration and any other lawful  available  informa-
tion  source.  If  the county board of elections is unable to verify the
identity of the applicant within twenty-one days of the receipt  of  the
application,  it shall immediately take steps to confirm that the infor-
mation provided by the applicant was accurately utilized by such  county
board  of  elections,  was  accurately  verified  with other information
sources and that no data entry error, or other similar  type  of  error,
occurred.  Following completion of the preceding steps, the county board
of elections shall mail (a) a notice of its approval, (b)  a  notice  of
its  approval  which  includes an indication that such board has not yet
been able to verify the identity of the applicant and a request for more

S. 2538--A                          8

information so that such verification may be completed, or (c) a  notice
of  its rejection of the application to the applicant in a form approved
by the state  board  of  elections.  Notices  of  approval,  notices  of
approval  with  requests  for  more  information or notices of rejection
shall be sent by nonforwardable first class or return postage guaranteed
mail on which is  endorsed  "ADDRESS  CORRECTION  REQUESTED"  and  which
contains  a request that any such mail received for persons not residing
at the address be dropped back in the mail. The voter's registration and
enrollment shall be complete upon receipt  of  the  application  by  the
appropriate  county board of elections. The failure of a county board of
elections to verify an applicant's identity shall not be the  basis  for
the  rejection  of  a  voter's application, provided, however, that such
verification failure shall be the basis for requiring  county  board  of
elections  to  take  the  additional verification steps provided by this
chapter. The notice shall also advise the registrant of  the  date  when
his  registration and enrollment is effective, of the date and the hours
of the next regularly scheduled primary or general election in which  he
will  be  eligible  to vote, of the location of the polling place of the
election district in which he is or will be a qualified  voter,  whether
such  polling  place  is accessible to physically handicapped voters, an
indication that physically handicapped voters or voters who are  ill  or
voters  who  will be out of the city or county on the day of the primary
or general election, may obtain an absentee ballot and the phone  number
to  call for absentee ballot applications, the phone numbers to call for
location of polling places, to obtain registration forms and  the  phone
number  to  call  to  indicate  that  the  voter  is willing to serve on
election day as an inspector, poll clerk or interpreter. The  notice  of
approval, notice of approval with request for more information or notice
of  rejection  shall  also  advise  the applicant to notify the board of
elections if there is any inaccuracy. The form of such mail notification
shall be prescribed by the state board of elections  and  shall  contain
such  other information and instructions as it may reasonably require to
carry out the purposes of this section. The request for more information
shall inform the voter  that  "THE  FAILURE  TO  CONTACT  THE  BOARD  OF
ELECTIONS  AND  CORRECT  ANY  INACCURACIES IN THE APPLICATION OR PROVIDE
REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such
notice  is  returned  undelivered without a new address, the board shall
forthwith send such applicant a  confirmation  notice  pursuant  to  the
provisions  of section 5-712 of this article and place such applicant in
inactive status. The state board  of  elections  shall  prepare  uniform
notices  by this section as provided for in subdivision eight of section
3-102 of this chapter.
  11. If the county board of elections suspects or believes that for any
reason the applicant is not entitled to registration and enrollment,  it
shall make inquiry in reference thereto. If the board of elections shall
find  that  the  applicant  is not qualified to register and enroll, the
application shall  be  rejected  and  the  applicant  notified  of  such
rejection and the reason therefor, no later than ten days before the day
of  the  first  primary  or general election occurring at least [twenty-
five] TEN days after the filing of the application, EXCEPT THAT  IF  THE
APPLICATION  WAS  SUBMITTED  BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE THE
DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH  BOARD  SHALL  NOTIFY
THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  14.  Notwithstanding the entry by the county board of elections on the
registration poll record of the information contained on an  application

S. 2538--A                          9

form prescribed by this section, such entry shall not preclude the coun-
ty  board of elections from subsequently rejecting the application if it
is not satisfied that the applicant is entitled to register  and  enroll
as  provided by this section, provided that the applicant is notified of
such rejection and reasons therefor no later than ten  days  before  the
day  of  the first primary or general election occurring at least [twen-
ty-five] TEN days after the filing of such application form, EXCEPT THAT
IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  S 12. Subdivisions 11 and 12 of section 5-211  of  the  election  law,
subdivision  11 as amended by chapter 200 of the laws of 1996 and subdi-
vision 12 as added by chapter 659 of the laws of 1994,  are  amended  to
read as follows:
  11.  The  participating  agency shall transmit [the completed applica-
tions for registration and change  of  address  forms]  ALL  INFORMATION
COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE to the appropriate
board of elections not later than ten days after receipt except that all
such completed applications and forms received by the agency 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 twentieth day before such election.
  12.  [Completed  application  forms,  when  received]  ALL INFORMATION
COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  by  a  participating
agency  not  later  than  the  twenty-fifth  day before the next ensuing
primary, general or special election and transmitted by such  agency  to
the  appropriate  board  of  elections so that they are received by such
board not later than the twentieth day before such election shall  enti-
tle the applicant to vote in such election provided the board determines
that the applicant is otherwise qualified.
  S  13. Subdivisions 11 and 12 of section 5-211 of the election law, as
amended by section twelve of this act, are amended to read as follows:
  11. The participating agency shall transmit all information  collected
pursuant  to  section  5-200  of  this title to the appropriate board of
elections not later than ten days after receipt  except  that  all  such
completed  applications  and  forms  received  by the agency between the
[thirtieth] FIFTEENTH and [twenty-fifth] TENTH 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 [twentieth]  FIFTH
day before such election.
  12.  All information collected pursuant to section 5-200 of this title
by a participating agency not later than the  [twenty-fifth]  TENTH  day
before  the next ensuing primary, general or special election and trans-
mitted by such agency to the appropriate board of elections so that they
are received by such board not later  than  the  [twentieth]  FIFTH  day
before  such  election  shall  entitle  the  applicant  to  vote in such
election provided the board determines that the applicant  is  otherwise
qualified.
  S  14. Subdivision 14 of section 5-211 of the election law, as amended
by chapter 200 of the laws of 1996, is amended and two new  subdivisions
18 and 19 are added to read as follows:
  14.  Applications  shall be processed by the board of elections in the
manner prescribed by [section] SECTIONS 5-200 AND 5-210  of  this  title
or,  if the applicant is already registered to vote from another address
in the county or city, in the manner prescribed by section 5-208 of this
title.   The board shall send the  appropriate  notice  of  approval  or

S. 2538--A                         10

rejection  as  required by either subdivision nine of such section 5-210
or subdivision five of such section 5-208.
  18.  ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS
ELIGIBLE TO REGISTER OR PRE-REGISTER TO  VOTE  UNDER  PARAGRAPH  (G)  OF
SUBDIVISION  FIVE  OF SECTION 5-210 OF THIS TITLE IN THE SAME MANNER AND
SUBJECT TO THE SAME PROVISIONS AND RULES AND REGULATIONS  AS  ALL  OTHER
DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
TY  OR  PUBLIC  SCHOOL  DISTRICT  THAT  IS NOT OTHERWISE DESIGNATED AS A
SOURCE AGENCY PURSUANT TO SECTION 5-200  OF  THIS  TITLE  SHALL  NOT  BE
REQUIRED  TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'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 SEVEN-
TEEN OF THIS SECTION.
  19. THE STATE BOARD OF ELECTIONS OR, IN THE CITY OF NEW YORK, THE  NEW
YORK  CITY BOARD OF ELECTIONS, SHALL PROVIDE TO PUBLIC COLLEGES, UNIVER-
SITIES, AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGIS-
TRATION APPLICATIONS THAT IDENTIFY EACH SUCH APPLICATION AS  ORIGINATING
FROM  EITHER A PUBLIC COLLEGE, UNIVERSITY, OR 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 EACH COLLEGE, UNIVERSI-
TY, OR SCHOOL DISTRICT COVERED BY THIS CHAPTER, EXCEPT THAT THE NEW YORK
CITY BOARD OF ELECTIONS SHALL PROVIDE AND DELIVER  SUCH  FORMS  TO  EACH
PARTICIPATING  PUBLIC UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT LOCATED IN
THE CITY OF NEW YORK. EVERY BOARD OF ELECTIONS SCANNING VOTER  REGISTRA-
TION  FORMS SHALL CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT
THEM ON A MONTHLY BASIS TO THE STATE BOARD OF ELECTIONS WHICH SHALL MAKE
SUCH DETAILED INFORMATION AVAILABLE TO THE PUBLIC.
  S 15. Subdivisions 6 and 7 of  section  5-212  of  the  election  law,
subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
sion  7 as added by chapter 659 of the laws of 1994, are amended to read
as follows:
  6. The department of motor vehicles shall transmit  [that  portion  of
the form which constitutes the completed application for registration or
change  of  address  form] ALL INFORMATION COLLECTED PURSUANT TO SECTION
5-200 OF THIS TITLE 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 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 twentieth day before such election.    All  transmittals  shall
include  original  signatures OR AN ELECTRONIC IMAGE THEREOF AS REQUIRED
BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS TITLE.
  7. [Completed application forms received]  ALL  INFORMATION  COLLECTED
PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
cles  not later than the twenty-fifth day before the next ensuing prima-
ry, 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 determines that the appli-
cant is otherwise qualified.
  S 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
amended by section fifteen of this act, are amended to read as follows:
  6.  The  department  of  motor vehicles shall transmit all information
collected pursuant to section 5-200 of this  title  to  the  appropriate
board of elections not later than ten days after receipt except that all

S. 2538--A                         11

such completed applications and forms received by the department between
the  [thirtieth]  FIFTEENTH  and  [twenty-fifth]  TENTH  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
[twentieth] FIFTH day before such  election.    All  transmittals  shall
include  original  signatures or an electronic image thereof as required
by subdivision four of section 5-200 of this title.
  7. All information collected pursuant to section 5-200 of  this  title
by  the  department  of motor vehicles not later than the [twenty-fifth]
TENTH 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] FIFTH day
before such election  shall  entitle  the  applicant  to  vote  in  such
election  provided  the board determines that the applicant is otherwise
qualified.
  S 17. Subdivision 3 of section 5-213 of the election law,  as  amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  3.  The  board of elections shall restore the registration of any such
voter to active status if such voter notifies  the  board  of  elections
that he resides at the address from which he is registered, or the board
finds  that  such  voter  has validly signed a designating or nominating
petition which states that he resides at such address, or if such  voter
casts  a ballot in an affidavit envelope which states that he resides at
such address, or if the board receives notice that such voter has  voted
in  an  election  conducted with registration lists prepared pursuant to
the provisions of section 5-612 of this article.  If any such  notifica-
tion  or  information  is  received  [twenty]  TEN days or more before a
primary, special or general election, the voter's name must be  restored
to active status for such election.
  S  18.  Subdivision 3 of section 5-304 of the election law, as amended
by chapter 90 of the laws of 1991, is amended to read as follows:
  3. A change of enrollment received by the board of elections,  SHOWING
A  DATED  CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL SERVICE OR
CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS  DATED,
not  later  than the twenty-fifth day before the [general election shall
be deposited in a sealed enrollment box, which shall not be opened until
the first Tuesday  following  such  general  election.  Such  change  of
enrollment  shall  be then removed and entered as provided in this arti-
cle] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED  NO
LATER  THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON TO
SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE  TENTH  DAY  BEFORE  A
PRIMARY,  GENERAL  OR  SPECIAL  ELECTION,  SHALL  BE  EFFECTIVE FOR SUCH
ELECTION. ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED IN THIS  ARTI-
CLE  AND  SHALL  BE  DEEMED  TO  TAKE EFFECT ON THE TENTH DAY AFTER SUCH
CHANGE OF ENROLLMENT IS RECEIVED BY THE BOARD OF  ELECTIONS  OR  IF  THE
CHANGE  OF  ENROLLMENT,  OR  THE  ENVELOPE  CONTAINING IT, BEARS A DATED
CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL
BE ENTERED AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE
DATE OF SUCH MARK, WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE
EFFECT SOONER THAN THE FIFTH DAY AFTER THE RECEIPT  OF  SUCH  CHANGE  OF
ENROLLMENT BY THE BOARD OF ELECTIONS.
  S  19.  The  opening  paragraph  of  paragraph (e) of subdivision 3 of
section 8-302 of the election law, as amended by chapter 125 of the laws
of 2011, is amended to read as follows:
  Whenever a voter presents himself or herself  and  offers  to  cast  a
ballot,  and  he or she claims to live in the election district in which

S. 2538--A                         12

he or she seeks to vote but no registration poll record can be found for
him or her in the poll ledger or his or her name does not appear on  the
computer  generated  registration  list or his or her signature does not
appear  next  to his or her name on such computer generated registration
list or his or her registration poll record or  the  computer  generated
registration  list  does not show him or her to be enrolled in the party
in which he or she claims to be enrolled AND THE VOTER IS NOT  OTHERWISE
ELIGIBLE  TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
THIS SECTION, a poll clerk or election inspector shall  consult  a  map,
street  finder  or  other  description  of all of the polling places and
election districts  within  the  political  subdivision  in  which  said
election  district  is  located  and  if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for  the  residence  address
provided  by  the voter to such poll clerk or election inspector. There-
after, such voter shall be permitted to vote in said  election  district
only as hereinafter provided:
  S  20.  Section  8-302  of the election law is amended by adding a new
subdivision 3-d to read as follows:
  3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND  OR
WHOSE  INFORMATION  IS  INCOMPLETE  OR  INCORRECT ON THE STATEWIDE VOTER
REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH  A
SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
TER  AND  CONSENTED  TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN
AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF  REGIS-
TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
SION  TWO  OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE
PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER  TO  VOTE  OR  THAT  THE
PERSON  DID  NOT  REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
  (A) A PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT  STATING  THAT
THE  PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND  CONSENTED  TO  USE
AGENCY  INFORMATION  FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT SHALL BE
SUFFICIENT EVIDENCE OF REGISTERING TO VOTE  OR  PERFORMING  ANY  OF  THE
ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
FOR THE PURPOSES OF THIS SECTION.
  (B)  A  PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE TO AN
AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY  PROOF  OF
IDENTITY,  BUT  THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF  SUBDIVI-
SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
THE FEDERAL HELP AMERICA VOTE ACT.
  S 21. Subdivision 11 of section 5-614 of the election law, as added by
chapter 24 of the laws of 2005, is amended to read as follows:
  11.  The  state  board  of elections shall establish a statewide voter
[hotline using information available through the statewide voter  regis-
tration  list  for  voters  to  obtain information regarding their voter
registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
PUBLIC WEBSITE ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE  BOARD  OF

S. 2538--A                         13

ELECTIONS  AND  THROUGH  A  TOLL-FREE TELEPHONE NUMBER MAINTAINED BY THE
STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
  A. ALLOW ANY VOTER:
  (I)  TO  REVIEW  THE VOTER REGISTRATION INFORMATION REPRESENTED ON THE
STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
  (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
VOTER REGISTRATION INFORMATION, WHICH SHALL BE SENT  TO  THE  APPLICABLE
COUNTY BOARD OF ELECTIONS; AND
  (III)  TO  DETERMINE  THE  LOCATION  OF THE POLLING PLACE TO WHICH THE
VOTER IS ASSIGNED;
  B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
  (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
RESIDENTIAL ADDRESS WITHIN THE STATE; AND
  (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED  ON  THE  STATEWIDE
VOTER REGISTRATION LIST; AND
  C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
WHO  IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW
THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE  INTERFACE,  THE  DATA
COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
RECEIPT  OF  SUCH  DATA,  THE STATE BOARD OF ELECTIONS SHALL FORWARD THE
INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY  WHERE
THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
SUBMITTED  BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO
THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF  2002
(42  U.S.C.  S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE
SHALL NOT RENDER THE APPLICATION INCOMPLETE OR  OTHERWISE  PRECLUDE  THE
REGISTRATION OF AN ELIGIBLE CITIZEN.
  FOR  ANY  ELIGIBLE  CITIZEN  ATTEMPTING  TO USE THE SYSTEM ESTABLISHED
UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE  PROCESSED
AS  VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN
AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE  EFFECT  FOR
THE  PROXIMATE  ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM
ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER  REGISTRA-
TION  INFORMATION  UNDER  THIS  SECTION, THE SYSTEM MUST ALSO NOTIFY THE
CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY  PROCEDURE  PROVIDED  IN
SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
  THE  BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
CITIZEN WHO SUBMITS AN APPLICATION  PURSUANT  TO  THIS  SUBDIVISION  AND
WHOSE  APPLICATION  LACKS AN ELECTRONIC SIGNATURE TO PROVIDE A SIGNATURE
AT THE POLLING PLACE OR WITH  AN  APPLICATION  FOR  AN  ABSENTEE  BALLOT
BEFORE VOTING. THE BOARD OF ELECTIONS MAY REQUIRE AN ELECTOR WHO HAS NOT
PROVIDED  A SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING
AN ABSENTEE BALLOT TO PRESENT A CURRENT AND VALID  PHOTO  IDENTIFICATION
OR  A  COPY OF A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,
PAYCHECK, OR OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME  AND  ADDRESS
OF THE VOTER.
  S  22.  Subdivision 3 of section 8-510 of the election law, as amended
by chapter 43 of the laws of 1988, is amended to read as follows:
  3. The inspectors shall place such completed report,  and  each  court
order,  if  any,  directing that a person be permitted to vote, AND EACH
AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302  OF
THIS ARTICLE, inside a ledger of registration records or computer gener-
ated registration lists between the front cover, and the first registra-
tion  record  and  then shall close and seal each ledger of registration
records or computer generated registration lists, affix their  signature

S. 2538--A                         14

to  the  seal,  lock such ledger in the carrying case furnished for that
purpose and enclose the keys in a sealed package or seal  such  list  in
the envelope provided for that purpose.
  S  23.  The  election law is amended by adding a new section 17-138 to
read as follows:
  S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER  COLOR
OF  ANY  PROVISION  OF  LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION  PURPOSES,
A  PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE  FROM  THE  STATEWIDE
VOTER  REGISTRATION  LIST  EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
ENFORCE ELECTION LAWS.
  S 24. Subdivision 1 of section 3-220 of the election law,  as  amended
by chapter 104 of the laws of 2010, is amended to read as follows:
  1.  All  registration  records,  certificates,  lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of  the  board
of elections or its employees and subject to such reasonable regulations
as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
RECORD  OPEN  TO  PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANSMISSION
AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR  PUBLIC
INSPECTION:
  (A) ANY VOTER'S SIGNATURE;
  (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
  (C) ANY PORTION OF a voter's driver's license number,  [department  of
motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
security number and facsimile number [shall not be released  for  public
inspection];
  (D) ANY VOTER'S TELEPHONE NUMBER; AND
  (E)  ANY  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
any time by any person other than a member of a  registration  board  or
board  of  inspectors  of  elections  or  board  of  elections except as
provided by rules imposed by the board of elections.
  S 25. Subdivision 4 of section 3-212 of the election law is amended by
adding two new paragraphs (c) and (d) to read as follows:
  (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION, SHALL ALSO INCLUDE:
  (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
BY SOURCE;
  (2)  THE  NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP-
TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE  TO
VOTE;
  (3)  THE  NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
VOTER REGISTRATION;
  (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER  REGISTRATION  FORMS  AND/OR
REQUESTS  TO  UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
  (5) THE NUMBER OF VOTERS WHO CORRECT  VOTER  REGISTRATION  INFORMATION
USING  THE  ELECTION-DAY  PROCEDURE  DESCRIBED  IN SECTION 8-302 OF THIS
CHAPTER.

S. 2538--A                         15

  (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION,  SHALL  EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY IDENTIFIES ANY
PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
  S  26.  Section  17-104  of  the  election  law  is amended to read as
follows:
  S 17-104. False registration. 1. Any person who:
  [1.] (A) Registers or attempts to register as an elector in more  than
one  election  district  for the same election, or more than once in the
same election district; or,
  [2.] (B) Registers or attempts to register as an elector, knowing that
he will not be a qualified voter in the district  at  the  election  for
which such registration is made; or
  [3.]  (C)  Registers  or  attempts to register as an elector under any
name but his OR HER own; or
  [4.] (D)  Knowingly  gives  a  false  residence  within  the  election
district when registering as an elector; or
  [5.]  (E)  Knowingly permits, aids, assists, abets, procures, commands
or advises another to commit any such act, is guilty of a felony.
  2. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER,  NO  PERSON
SHALL  BE  LIABLE  FOR AN ERROR IN THE STATEWIDE VOTER REGISTRATION LIST
UNLESS SUCH PERSON KNOWINGLY AND WILLFULLY MAKES A  FALSE  STATEMENT  IN
ORDER  TO  EFFECTUATE  OR PERPETUATE VOTER REGISTRATION. AN ERROR IN THE
STATEWIDE VOTER REGISTRATION LIST SHALL NOT CONSTITUTE A  FRAUDULENT  OR
FALSE CLAIM TO CITIZENSHIP.
  S  27.  Subdivision 17 of section 3-102 of the election law, as renum-
bered by chapter 23 of the laws of 2005, is  renumbered  subdivision  21
and  four  new  subdivisions  17,  18,  19  and  20 are added to read as
follows:
  17. ENSURE THAT, UPON RECEIPT AND VERIFICATION OF A  PERSON'S  EXPRESS
REQUEST  TO  OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME AND REGIS-
TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
TRATION LISTS;
  18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
PERSON WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART,  TO
ANY  THIRD  PARTY  FOR  ANY PURPOSE OTHER THAN THE COMPILATION OF A JURY
LIST;
  19. PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING  EACH
CLASS  OF  USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION LIST AND TO ANY LIST PROVIDED BY A SOURCE  AGENCY  OR  LIST
MAINTENANCE  SOURCE,  AND  SETTING FORTH OTHER SAFEGUARDS TO PROTECT THE
PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
TION LIST;
  20. PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF  TRANSFER
OF ADDRESS BY ELECTRONIC MAIL; AND
  S  28. This act shall take effect immediately; provided, however, that
sections two, three, four, six, seven,  eight,  ten,  twelve,  fourteen,
fifteen,  nineteen,  twenty, twenty-one, twenty-two, and twenty-three of
this act shall take  effect  January  1,  2016;  provided  further  that
sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
of this act shall take effect January 1, 2017.   Effective  immediately,
any  rules,  regulations  and  agreements  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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2015-S2538B - Details

See Assembly Version of this Bill:: A5972
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd El L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1974
2013-2014: S619
2017-2018: S3304, A2278

2015-S2538B - Summary

Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.

2015-S2538B - Sponsor Memo

                                 BILL NUMBER:  S2538B

 TITLE OF BILL :

An act to amend the election law, in relation to enacting the "voter
empowerment act of New York"

 PURPOSE :

The Voter Empowerment Act of New York provides for automatic voter
registration of eligible citizens at designated government agencies,
permitting the pre-registration of sixteen and seventeen year-olds;
transferring the registrations of New Yorkers who move within the
state, providing for access to voter registration records and the
registration of eligible citizens over the Internet, and moving the
deadlines for voter registration and party enrollment.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 2 amends Section 5-104 of the election law providing that a
college student may be registered at his or her parents' home
residence or at a college address

Section 3 amends the election law, adding new Section 5-201 providing
for automatic registration of voters

Section 4 amends subdivisions 1 and 6 of section 5-208 of the election
law allowing easier transfer of registrations when a person moves
within New York State

Section 5 amends subdivision 3 of section 5-208 of the election law
providing a 10 day limit prior to elections to change an address, and
provides a mechanism to vote by affidavit ballot if within 10 days of
an election.

Section 6 amends subdivision 1 of section 4-117 of the election law
allowing transfer of registration when a person moves within New York
State.

Section 7 amends amends paragraph a of subdivision 1 of section 5-400
of the election law allowing transfer of registration when a person
moves within New York State.

Section 8 amends paragraphs b, c, and d of subdivision 2 of section
5-400 of the election law allowing transfer of registration when a
person moves within New York State.

Section 9 amends subdivision 3 of section 5-210 of the election law to
allow registration up until ten days prior to an election, so long as
it is received within 5 days before the election, and provides that
everyone automatically registered to vote shall receive such
notification within ten days of the registration information by the
board of elections.

Section 10 amends paragraphs g and k of subdivision 5 of section 5-210
of the election law allowing 16 and 17 year olds to pre-register to
vote.

Section 11 amends subdivisions 9, 11 and 14 of section 5-210 of the
election law provides for implementation of 10 day advance voter
registration

Section 12 amends section 5-211 of the election law providing that
SUNY, CUNY, all public housing authorities, the department of
corrections and community supervision and the division of military and

naval affairs are included as agencies for the purposes of voter
registration.

Section 13 amends subdivisions 4 and 5 of section 5-211 of the
election law ensuring registration up to 10 days prior to an election.

Section 14 is intentionally omitted.

Section 15 amends section 5-212 of the election law changes the motor
voter law to provide for automatic registration of all drivers license
and nondriver id card holders.

Section 16 amends subdivisions 4 and 5 of section 5-212 provides for
the timing of automatic voter registration.

Section 17 amends paragraph a of subdivision 2 of section 5-712 of the
election law providing for change of address with automatic
registration.

Section 18 amends subdivision 3 of section 5-213 of the election law
provides for ten day advance registration.

Section 19 intentionally omitted.

Section 20 amends the opening paragraph of paragraph e of subdivision
3 of section 8-302 of the election law provides a mechanism for
casting affidavit ballots.

Section 21 amends section 8-302 of the election law adding a new
section 3-d to provide for a mechanism for affidavit voting.

Section 22 amends subdivision 11 of section 5-614 of the election law
establishes an online voter information system.

Section 23 amends subdivision 3 of section 8-510 of the election law
includes affidavit ballots in the information to be sealed in a ledger
by election inspectors.

Section 24 amends the election law adding a new section 17-138
provides anti-harassment and anti-discrimination requirements for the
voter registration process.

Section 25 amends subdivision 1 of section 3-220 of the election law
provides that no information submitted as part of the automatic voter
registration process shall be considered a public record.

Section 26 amends subdivision 4 of section 3-212 of the election law
adding new paragraphs c and d requires an annual report of voter
registration.

Section 27 amends section 17-104 of the election law provides that no
person shall be liable for an error in the voter registration list
without knowingly and willfully making a false statement.

Section 28 amends and renumbers subdivision 17 of section 3-102 and
adds new subdivisions 17, 18, 19 and 20 to provide a process for
opting out of the voter registration list.

 JUSTIFICATION :

New York's antiquated voter registration system is in dire need of
repair. It is time for New York to join states like Oregon in making
registration automatic to remove one major impediment from citizen
participation in the political process. Additionally, making it easier
to transfer registrations when a person moves around the state and

allowing minors to pre-register to vote will help make New. York one
of the most voter-friendly states in the country.

 LEGISLATIVE HISTORY :

2014: S0619B (Gianaris) - Elections; A00187B (Kavanagh) - Election Law
2013: S0619A (Gianaris) - Elections; A00187A (Kavanagh) - Election Law
2012: S1974D (Gianaris) - Elections; A01712D (Kavanagh) - Election Law
2011: S1974 (Gianaris) - Elections; A01712 (Kavanagh) - Election Law
2010: No Senate Bill; A05265 (Gianaris) - Election Law
2009: No Senate Bill; A05265 (Gianaris) - Election Law
2008: No Senate Bill; A04346 (Gianaris) - Election Law
2007: No Senate Bill; A04346 (Gianaris) - Election Law
2006: No Senate Bill; A03480 (Gianaris) - Election Law
2005: No Senate Bill; A03480 (Gianaris) - Election Law
2004: No Senate Bill; A09346 (Gianaris) - Election Law

 FISCAL IMPACT ON THE STATE :

Projected cost savings from a decrease in costs required to administer
voter registration, in an amount to be determined.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however that
sections two, three, four, six, seven, eight, ten twelve, fifteen,
seventeen, twenty, twenty-one, twenty-two, twenty-three, and
twenty-four shall take effect January 1, 2017, sections five, nine,
eleven, thirteen, sixteen, and eighteen take effect on January 1,
2018.

2015-S2538B - Bill Text download pdf

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

                                 2538--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, DILAN, HASSELL-THOMPSON,
  HOYLMAN, KENNEDY,  KRUEGER,  MONTGOMERY,  PERALTA,  PERKINS,  SERRANO,
  SQUADRON, STAVISKY, STEWART-COUSINS -- 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 enacting the "voter
  empowerment act of New York"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "voter empowerment act of New York".
  S 2. Section 5-104 of the election law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION REGARD-
ING THE RIGHT OF STUDENTS TO REGISTER AND VOTE SHALL BE INTERPRETED IN A
MANNER  CONSISTENT WITH THE CONSTITUTIONAL REQUIREMENT THAT EACH CITIZEN
MUST BE PERMITTED TO VOTE IN THAT COMMUNITY WHICH IS THE "LOCUS  OF  ...
PRIMARY CONCERN" TO THAT CITIZEN AT THE TIME OF THE ELECTION. ACCORDING-
LY,  A  STUDENT ATTENDING A COLLEGE OR UNIVERSITY IN THIS STATE SHALL BE
PERMITTED TO RETAIN HIS OR HER PARENTAL RESIDENCE FOR VOTING PURPOSES IF
THE PARENTAL COMMUNITY  REMAINS  THE  LOCUS  OF  THE  STUDENT'S  PRIMARY
CONCERN OR, IN THE ALTERNATIVE, A STUDENT SHALL BE PERMITTED TO REGISTER
AND  VOTE  FROM  HIS  OR  HER RESIDENCE WITHIN THE COLLEGE OR UNIVERSITY
COMMUNITY IF HE OR SHE REGARDS THE COLLEGE OR UNIVERSITY AS THE COMMUNI-
TY OF PRIMARY CONCERN.
  S 3. The election law is amended by adding a new section 5-201 to read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03180-12-5

S. 2538--B                          2

  S 5-201. AUTOMATIC VOTER REGISTRATION. 1.   FOR THE PURPOSES  OF  THIS
SECTION, "SOURCE AGENCY" MEANS ANY GOVERNMENT AGENCY DESIGNATED PURSUANT
TO SECTION 5-211 OF THIS TITLE, THE STATE UNIVERSITY OF NEW YORK AND THE
CITY  UNIVERSITY  OF  NEW YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN
ARTICLE   THIRTEEN   OF  THE  PUBLIC  HOUSING  LAW,  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION, THE DEPARTMENT OF LABOR  AND  THE
NEW YORK DIVISION OF MILITARY AND NAVAL AFFAIRS.
  2.  NOTWITHSTANDING  ANY OTHER MANNER OF REGISTRATION REQUIRED BY THIS
ARTICLE, EACH PERSON WHO IS QUALIFIED TO VOTE PURSUANT TO SECTION  5-102
OF  THIS  ARTICLE,  AND WHO HOLDS A DRIVER'S LICENSE OR NON-DRIVER IDEN-
TIFICATION CARD ISSUED BY THE  DEPARTMENT  OF  MOTOR  VEHICLES,  OR  WHO
APPLIES  FOR SUCH A LICENSE OR CARD, OR WHO COMPLETES AN APPLICATION FOR
SERVICES, RENEWAL OR RECERTIFICATION FOR SERVICES, OR CHANGE OF  ADDRESS
RELATING  TO  SUCH SERVICES FROM A SOURCE AGENCY, SHALL BE AUTOMATICALLY
REGISTERED TO VOTE AS PROVIDED IN THIS SECTION.
  3. THE STATE BOARD OF ELECTIONS OR COUNTY  BOARD  OF  ELECTIONS  SHALL
REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF EACH PERSON IN THE
STATE  QUALIFIED  TO  VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE WHO
HOLDS A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE
DEPARTMENT OF MOTOR VEHICLES OR APPLIES FOR ANY SUCH LICENSE OR CARD, OR
NOTIFIES SUCH DEPARTMENT OF A CHANGE OF HIS OR HER NAME OR  ADDRESS,  OR
WHO  COMPLETES  AN  APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
FOR SERVICES, OR CHANGE OF ADDRESS RELATING  TO  SUCH  SERVICES  FROM  A
SOURCE AGENCY.
  4.  THE STATE BOARD OF ELECTIONS, THE DEPARTMENT OF MOTOR VEHICLES AND
SOURCE AGENCIES SHALL ENTER INTO AGREEMENTS  TO  ENSURE  THAT  FOR  EACH
PERSON  DESCRIBED  IN SUBDIVISION THREE OF THIS SECTION, SUCH DEPARTMENT
ELECTRONICALLY TRANSMITS TO THE STATE AND LOCAL BOARDS OF ELECTIONS  THE
FOLLOWING  INFORMATION  IN A FORMAT THAT CAN BE READ BY THE COMPUTERIZED
STATEWIDE MOTOR VOTER REGISTRATION LIST;
  (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
  (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
  (C) DATE OF BIRTH;
  (D) CITIZENSHIP;
  (E) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER, OR  THE
LAST FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, IF KNOWN; AND
  (F) AN IMAGE OF SUCH PERSON'S SIGNATURE.
  IN  THE  EVENT  THAT ANY TRANSMISSION OF DATA PURSUANT TO THIS SECTION
FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
SIGNATURE SHALL NOT PRECLUDE THE REGISTRATION OF  AN  ELIGIBLE  CITIZEN.
EACH  BOARD  OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
CITIZEN, WHOSE INFORMATION IS TRANSMITTED PURSUANT TO THIS  SECTION  AND
WHOSE  INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A SIGNATURE
AT THE POLLING PLACE OR WITH  AN  APPLICATION  FOR  AN  ABSENTEE  BALLOT
BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR FOR WHOM A SIGNATURE HAS
NOT  BEEN PROVIDED BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN
ABSENTEE BALLOT TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A
COPY OF A  CURRENT  UTILITY  BILL,  BANK  STATEMENT,  GOVERNMENT  CHECK,
PAYCHECK OR OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF
THE VOTER.
  5.  THE DEPARTMENT OF MOTOR VEHICLES AND SOURCE AGENCIES SHALL INCLUDE
ON EACH APPLICATION FOR A DRIVER'S LICENSE OR NON-DRIVER  IDENTIFICATION
CARD,  OR RENEWAL THEREOF, AND ON EACH APPLICATION FOR SERVICES, RENEWAL
OR RECERTIFICATION FOR  SERVICES,  OR  CHANGE  OF  ADDRESS  RELATING  TO
SERVICES FROM A SOURCE AGENCY, A STATEMENT THAT, UPON SUBMISSION OF SUCH
APPLICATION,  THE APPLICANT SHALL BE REGISTERED TO VOTE, IF HE OR SHE IS

S. 2538--B                          3

NOT ALREADY SO REGISTERED, AND THAT HE OR SHE  WILL  RECEIVE,  BY  FIRST
CLASS  MAIL,  CONFIRMATION  OF  HIS  OR HER REGISTRATION TO VOTE, AND BE
GRANTED THE OPTION TO REMOVE HIMSELF OR HERSELF FROM THE VOTER REGISTRA-
TION  LISTS  BY  FILING A FORM WITH THE BOARD OF ELECTIONS OR PERSONALLY
APPEARING AT THE COUNTY BOARD OF ELECTIONS.
  6. THE DEPARTMENT OF MOTOR VEHICLES AND SOURCE AGENCIES SHALL MAINTAIN
RECORDS, RELATING TO THE UNITED STATES CITIZENSHIP  OF  HOLDERS  OF  AND
APPLICANTS  FOR  DRIVER'S  LICENSES AND NON-DRIVER IDENTIFICATION CARDS,
AND INDIVIDUALS WHO COMPLETE AN APPLICATION  FOR  SERVICES,  RENEWAL  OR
RECERTIFICATION  FOR  SERVICES,  OR  CHANGE  OF ADDRESS RELATING TO SUCH
SERVICES, SUFFICIENT TO TRANSMIT TO THE BOARD OF  ELECTIONS  INFORMATION
INCLUDING  THE  NAMES OF SUCH HOLDERS AND APPLICANTS WHO ARE ELIGIBLE TO
VOTE, BUT SHALL NOT RETAIN, USE OR SHARE ANY SUCH  INFORMATION  RELATING
TO AN INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
  7. EACH AGREEMENT BETWEEN THE STATE BOARD OF ELECTIONS AND THE DEPART-
MENT  OF  MOTOR  VEHICLES OR A SOURCE AGENCY SHALL INCLUDE THE FORMAT IN
WHICH INFORMATION WILL BE TRANSMITTED,  THE  FREQUENCY  OF  DATA  TRANS-
MISSIONS,  THE  PROCEDURES,  SUCH  OTHER  MEASURES  THAT WILL BE USED TO
ENSURE THE SECURITY AND PRIVACY OF THE INFORMATION TRANSMITTED, AND  ANY
OTHER  MATTER NECESSARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS
SECTION.
  8. THE DEPARTMENT OF MOTOR VEHICLES  AND  ALL  SOURCE  AGENCIES  SHALL
COOPERATE  WITH  THE  STATE  BOARD  OF  ELECTIONS  AND  LOCAL  BOARDS OF
ELECTIONS TO FACILITATE THE VOTER REGISTRATION OF EACH PERSON  DESCRIBED
IN  THIS  SECTION, AND TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED
TO REGISTER EACH SUCH PERSON TO VOTE OR TO  UPDATE  EACH  SUCH  PERSON'S
VOTER REGISTRATION RECORD.
  9.  THE  DEPARTMENT  OF  MOTOR  VEHICLES AND ALL SOURCE AGENCIES SHALL
ENTER INTO AN AGREEMENT WITH THE STATE BOARD OF ELECTIONS FINALIZING THE
FORMAT AND CONTENT OF ELECTRONIC TRANSMISSIONS REQUIRED BY THIS  SECTION
NO  LATER THAN SEPTEMBER FIRST, TWO THOUSAND EIGHTEEN; PROVIDED THAT THE
DEPARTMENT OF MOTOR VEHICLES AND ALL SOURCE AGENCIES SHALL  BE  ABLE  TO
COMPLY  FULLY WITH ALL REQUIREMENTS OF THIS SECTION ON OR BEFORE JANUARY
FIRST, TWO THOUSAND NINETEEN.
  10. WITHIN TEN DAYS AFTER THE STATE BOARD OF ELECTIONS OR COUNTY BOARD
OF ELECTIONS RECEIVES VOTER REGISTRATION INFORMATION  PURSUANT  TO  THIS
SECTION,  FOR  ANY  PERSON,  SUCH PERSON SHALL RECEIVE A NOTICE BY FIRST
CLASS MAIL INFORMING SUCH PERSON THAT HE OR SHE HAS  BEEN  AUTOMATICALLY
REGISTERED  TO VOTE PURSUANT TO THIS CHAPTER, THE LOCATION OF HIS OR HER
POLLING PLACE, AND THAT HE OR SHE MAY RETURN A PORTION OF SUCH NOTICE TO
THE STATE BOARD OF ELECTIONS OR COUNTY BOARD OF ELECTIONS, WITH  POSTAGE
PAID  BY  THE  STATE,  TO  INDICATE HIS OR HER CHOICE OF POLITICAL PARTY
ENROLLMENT, OR TO INDICATE THAT HE OR SHE REQUESTS THAT HIS OR HER  NAME
BE  REMOVED  FROM THE VOTER REGISTRATION LISTS. IN ADDITION, SUCH NOTICE
SHALL INFORM THE PERSON THAT HE OR SHE MAY, AT ANY  TIME,  REQUEST  THAT
HIS  OR  HER NAME BE REMOVED FROM THE VOTER REGISTRATION LISTS BY FILING
WITH THE STATE BOARD OF ELECTIONS A FORM DEVELOPED  BY  SUCH  BOARD  FOR
SUCH  PURPOSE,  OR PERSONALLY APPEARING AT THE COUNTY BOARD OF ELECTIONS
AND MAKING SUCH REQUEST.
  S 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
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] STATE, or for any voter who

S. 2538--B                          4

[casts]  SUBMITS  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 OR WHICH TRANSMIT INFORMATION, that  the  voter  has
notified such agency of a change of address in the [same city or county]
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 registration from persons  already  registered
in  such  county or city, or any other notices to correspondents sent to
the board of elections by such voters.
  6. If a notice sent pursuant to [subdivision five of] this section  is
returned [by the postal service] as undeliverable and without a forward-
ing  address,  the  board  of elections shall return the registration of
such voter to the original  address,  send  such  voter  a  confirmation
notice pursuant to the provisions of subdivision one of section 5-712 of
this [title] ARTICLE and place such voter in inactive status.
  S  5.  Subdivision 3 of section 5-208 of the election law, as added by
chapter 659 of the laws of 1994, is amended to read as follows:
  3. If such a notice is received at least [twenty] TEN  days  before  a
primary,  special  or  general  election, such change of address must be
completed before such election. IF SUCH A  NOTICE  IS  NOT  RECEIVED  AT
LEAST  TEN  DAYS  BEFORE  A PRIMARY, SPECIAL OR GENERAL ELECTION, THEN A
VOTER MAY VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF  SECTION  8-302
OF THIS CHAPTER.
  S 6. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1.  The  board  of elections, between August first and August fifth of
each year, shall send by first class mail on which is endorsed  "ADDRESS
CORRECTION  REQUESTED"  and  which contains a request that any such mail
received for persons not residing at the address be dropped back in  the
mail,  a  communication,  in  a  form  approved  by  the  state board of
elections, to every registered voter who has been registered  without  a
change  of  address  since  the  beginning of such year, except that the
board of elections shall not be required to send such communications  to
voters  in  inactive status. The communication shall notify the voter of
the days and hours of the ensuing primary  and  general  elections,  the
place  where  he  appears  by his registration records to be entitled to
vote, the fact that voters who have moved or will have  moved  from  the
address  where  they  were last registered must [re-register or, that if
such move was to another address in the same county or city,  that  such
voter  may]  either  notify the board of elections of his new address or
vote by paper ballot at the polling place for his new  address  even  if
such  voter  has  not  re-registered, or otherwise notified the board of
elections of the change of address. If the location of the polling place
for the voter's election district  has  been  moved,  the  communication
shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
indicate whether the polling place is accessible to physically  disabled
voters, that a voter who will be out of the city or county on the day of
the  primary  or  general  election  or a voter who is ill or physically

S. 2538--B                          5

disabled may obtain an absentee ballot, that a physically disabled voter
whose polling place is not accessible may request that his  registration
record  be moved to an election district which has a polling place which
is  accessible,  the  phone  number  to  call for applications to move a
registration record or  for  absentee  ballot  applications,  the  phone
number  to call for the location of registration and polling places, the
phone number to call to indicate that the voter is willing to  serve  on
election  day  as  an  election inspector, poll clerk, interpreter or in
other capacities, the phone number to call to obtain an application  for
registration   by  mail,  and  such  other  information  concerning  the
elections or registration as the board may include. In lieu  of  sending
such communication to every registered voter, the board of elections may
send  a  single  communication  to  a household containing more than one
registered voter, provided that the names of all such voters  appear  as
part of the address on such communication.
  S  7.  Paragraph (a) of subdivision 1 of section 5-400 of the election
law, as amended by chapter 659 of the laws of 1994, is amended  to  read
as follows:
  (a) Moved his OR HER residence outside the [city or county in which he
is registered] STATE.
  S  8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
the election law, paragraphs (b) and (d) as  added  by  section  20  and
paragraph  (c) as added and paragraph (d) as relettered by section 22 of
chapter 659 of the laws of 1994, are amended to read as follows:
  (b) A notice that the registrant has moved to an address  outside  the
[city or county] STATE which is signed by the registrant and sent to the
board of elections.
  (c)  A  notice  signed by the registrant which states that such regis-
trant has moved to an address outside the [city  or  county]  STATE  and
that such change of address is for voter registration purposes.
  (d)  A  notice  from  a board of elections or other voter registration
officer or agency that such  person  has  registered  to  vote  from  an
address outside [such city or county] THE STATE.
  S 9. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 255 of the laws of 2015, is amended to read as follows:
  3.  (A)  Completed  application  forms,  when received by any board of
elections and, with respect to  application  forms  promulgated  by  the
federal  election  commission,  when  received  by  the  state  board of
elections, or showing a dated cancellation mark  of  the  United  States
Postal  Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the [twenty-fifth] TENTH day  before
the  next  ensuing primary, general or special election, and received no
later than the [twentieth] FIFTH day before such election, or  delivered
in person to such board of elections not later than the tenth day before
a  special  election,  shall  entitle  the  applicant  to  vote  in such
election, if he or she is otherwise qualified, provided,  however,  such
applicant  shall  not vote on a voting machine until his or her identity
is verified. Any board of elections receiving an application form from a
person who does not reside in its jurisdiction but who does reside else-
where in the state of New York, shall forthwith forward such application
form to the proper board of elections. Each  board  of  elections  shall
make  an  entry  on  each  such  form of the date it is received by such
board.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  UPON  RECEIPT  OF  A  REGISTRATION  TO VOTE SUBMITTED PURSUANT TO
SECTION 5-201 OF THIS TITLE, THE BOARD OF  ELECTIONS  SHALL  CAUSE  EACH

S. 2538--B                          6

PERSON  NAMED  THEREIN  TO  BE REGISTERED AND ENTITLED TO VOTE; PROVIDED
THAT WITHIN TEN DAYS OF RECEIPT  OF  ANY  SUCH  REGISTRATION  THE  BOARD
SHALL,  BY FIRST CLASS MAIL, PROVIDE NOTICE TO THE REGISTERED VOTER THAT
HE OR SHE HAS BEEN REGISTERED TO VOTE, PROVIDE THE REGISTERED VOTER WITH
A  FORM  TO  HAVE  HIS  OR  HER NAME REMOVED FROM THE ROLL OF REGISTERED
VOTERS, AND PROVIDE THE REGISTERED VOTER WITH A FORM TO DESIGNATE HIS OR
HER PARTY AFFILIATION.
  S 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of  the
election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
2008, are amended and a new paragraph (n) is added 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.
  (k) The form shall also include space for the  following  information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) The date of birth of the applicant.
  (iv) A space for the applicant to indicate his or her driver's license
or  department  of motor vehicles non-driver photo ID number or the last
four digits of his or her social security number or,  if  the  applicant
does  not have either such number, a space for the applicant to indicate
he or she does not have either.
  (v) A space for the applicant to indicate whether or not he or she  is
a citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
  (vi) [A space for the applicant to answer the question "Will you be 18
years  of  age  on  or  before  election day?" and the statement "If you
checked "no" in response to this question, do  not  complete  this  form
unless you will be 18 by the end of the year."
  (vii)] A statement informing the applicant that if the form is submit-
ted by mail and the applicant is registering for the first time, certain
information or documents must be submitted with the mail-in registration
form  in  order  to  avoid  additional  identification requirements upon
voting for the first time. Such information and documents are:
  (A) a driver's license or  department  of  motor  vehicles  non-driver
photo ID number; or
  (B)  the  last four digits of the individual's social security number;
or
  (C) a copy of a current and valid photo identification; or
  (D) a copy of a  current  utility  bill,  bank  statement,  government
check,  paycheck  or  other  government document that shows the name and
address of the voter.
  [(viii)] (VII) The gender of the applicant (optional).
  [(ix)] (VIII) A space for the applicant to indicate his or her  choice
of party enrollment, with a clear alternative provided for the applicant
to decline to affiliate with any party.
  [(x)] (IX) The telephone number of the applicant (optional).

S. 2538--B                          7

  [(xi)]  (X)  A  place  for the applicant to execute the form on a line
which is clearly  labeled  "signature  of  applicant"  preceded  by  the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I  meet  all  the  requirements  to  register to vote in New York
       State.
     * This is my signature or mark on the line below.
     * All the information contained on  this  application  is  true.  I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which  form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
  [(xii)] (XI) A space for the applicant to register  in  the  New  York
state  donate  life  registry for organ and tissue donations established
pursuant to section forty-three hundred ten of the public health law.
  (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
  (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-201 OF THIS TITLE BETWEEN
THE DEPARTMENT OF MOTOR VEHICLES, SOURCE AGENCIES, AND THE  STATE  BOARD
OF  ELECTIONS ARE NOT REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION
OF THE INFORMATION REQUESTED  IN  PARAGRAPH  (J)  OR  SUBPARAGRAPH  (I),
(VII),  (IX)  OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD
OF ELECTION SHALL REFUSE TO REGISTER TO VOTE OR UPDATE THE  REGISTRATION
RECORD  OF  ANY  PERSON  IN  THE STATE WHOSE INFORMATION IS  TRANSMITTED
PURSUANT TO SECTION 5-201 OF THIS TITLE FOR THE REASON THAT SUCH  INFOR-
MATION  DOES  NOT  INCLUDE THE INFORMATION REQUESTED BY PARAGRAPH (J) OR
SUBPARAGRAPH (I), (VII), (VIII), (IX) OR (XI) OF PARAGRAPH (K)  OF  THIS
SUBDIVISION.
  S  11. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
as amended by chapter 179 of the laws of 2005, are amended  to  read  as
follows:
  9. The county board of elections shall, promptly and in any event, not
later than twenty-one days after receipt by it of the application, veri-
fy  the  identity  of  the  applicant, EXCEPT IF SUCH BOARD RECEIVES THE
APPLICATION WITHIN TWENTY-ONE DAYS OF  A  SPECIAL,  PRIMARY  OR  GENERAL
ELECTION,  THE  BOARD  SHALL VERIFY THE IDENTITY OF THE APPLICANT WITHIN
FIVE DAYS OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER.  In  order
to  do  so,  the county board of elections shall utilize the information
provided in the application and shall attempt to verify such information
with the information provided  by  the  department  of  motor  vehicles,
social  security  administration and any other lawful available informa-
tion source. If the county board of elections is unable  to  verify  the
identity  of  the applicant within twenty-one days of the receipt of the
application, it shall immediately take steps to confirm that the  infor-
mation  provided by the applicant was accurately utilized by such county
board of elections,  was  accurately  verified  with  other  information
sources  and  that  no data entry error, or other similar type of error,
occurred. Following completion of the preceding steps, the county  board
of  elections  shall  mail (a) a notice of its approval, (b) a notice of
its approval which includes an indication that such board  has  not  yet
been able to verify the identity of the applicant and a request for more
information  so that such verification may be completed, or (c) a notice
of its rejection of the application to the applicant in a form  approved
by  the  state  board  of  elections.  Notices  of  approval, notices of

S. 2538--B                          8

approval with requests for more  information  or  notices  of  rejection
shall be sent by nonforwardable first class or return postage guaranteed
mail  on  which  is  endorsed  "ADDRESS  CORRECTION REQUESTED" and which
contains  a request that any such mail received for persons not residing
at the address be dropped back in the mail. The voter's registration and
enrollment shall be complete upon receipt  of  the  application  by  the
appropriate  county board of elections. The failure of a county board of
elections to verify an applicant's identity shall not be the  basis  for
the  rejection  of  a  voter's application, provided, however, that such
verification failure shall be the basis for requiring  county  board  of
elections  to  take  the  additional verification steps provided by this
chapter. The notice shall also advise the registrant of  the  date  when
his  registration and enrollment is effective, of the date and the hours
of the next regularly scheduled primary or general election in which  he
will  be  eligible  to vote, of the location of the polling place of the
election district in which he is or will be a qualified  voter,  whether
such  polling  place  is accessible to physically handicapped voters, an
indication that physically handicapped voters or voters who are  ill  or
voters  who  will be out of the city or county on the day of the primary
or general election, may obtain an absentee ballot and the phone  number
to  call for absentee ballot applications, the phone numbers to call for
location of polling places, to obtain registration forms and  the  phone
number  to  call  to  indicate  that  the  voter  is willing to serve on
election day as an inspector, poll clerk or interpreter. The  notice  of
approval, notice of approval with request for more information or notice
of  rejection  shall  also  advise  the applicant to notify the board of
elections if there is any inaccuracy. The form of such mail notification
shall be prescribed by the state board of elections  and  shall  contain
such  other information and instructions as it may reasonably require to
carry out the purposes of this section. The request for more information
shall inform the voter  that  "THE  FAILURE  TO  CONTACT  THE  BOARD  OF
ELECTIONS  AND  CORRECT  ANY  INACCURACIES IN THE APPLICATION OR PROVIDE
REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such
notice  is  returned  undelivered without a new address, the board shall
forthwith send such applicant a  confirmation  notice  pursuant  to  the
provisions  of section 5-712 of this article and place such applicant in
inactive status. The state board  of  elections  shall  prepare  uniform
notices  by this section as provided for in subdivision eight of section
3-102 of this chapter.
  11. If the county board of elections suspects or believes that for any
reason the applicant is not entitled to registration and enrollment,  it
shall make inquiry in reference thereto. If the board of elections shall
find  that  the  applicant  is not qualified to register and enroll, the
application shall  be  rejected  and  the  applicant  notified  of  such
rejection and the reason therefor, no later than ten days before the day
of  the  first  primary  or general election occurring at least [twenty-
five] TEN days after the filing of the application, EXCEPT THAT  IF  THE
APPLICATION  WAS  SUBMITTED  BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE THE
DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH  BOARD  SHALL  NOTIFY
THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  14.  Notwithstanding the entry by the county board of elections on the
registration poll record of the information contained on an  application
form prescribed by this section, such entry shall not preclude the coun-
ty  board of elections from subsequently rejecting the application if it
is not satisfied that the applicant is entitled to register  and  enroll

S. 2538--B                          9

as  provided by this section, provided that the applicant is notified of
such rejection and reasons therefor no later than ten  days  before  the
day  of  the first primary or general election occurring at least [twen-
ty-five] TEN days after the filing of such application form, EXCEPT THAT
IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  S 12.  Section 5-211 of the election law, as amended by chapter 659 of
the  laws  of 1994, the section heading and opening paragraph as amended
by chapter 265 of the laws of 2013 and subdivisions 11 and 14 as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  S 5-211. Agency assisted registration. Each  agency  designated  as  a
participating  agency  under the provisions of this section shall imple-
ment 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-
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  divi-
sion  of  workers'  compensation,  THE STATE UNIVERSITY OF NEW YORK, THE
CITY UNIVERSITY OF NEW YORK, ALL PUBLIC HOUSING  AUTHORITIES  LISTED  IN
ARTICLE   THIRTEEN   OF  THE  PUBLIC  HOUSING  LAW,  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION AND THE NEW YORK DIVISION OF MILI-
TARY AND NAVAL AFFAIRS.  Such agencies shall be required to [offer voter
registration forms to] PROVIDE FOR AUTOMATIC VOTER REGISTRATION,  PURSU-
ANT TO SECTION 5-201 OF THIS TITLE, FOR persons upon initial application
for  services,  renewal  or  recertification  for services and change of
address relating to such services. [Such agencies shall also be  respon-
sible  for providing assistance to applicants in completing voter regis-
tration forms, receiving and transmitting the completed application form
from all applicants who wish to have such form transmitted to the appro-
priate 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 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 registra-

S. 2538--B                         10

tion  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, if
it  determines  that  it  is  not feasible for such office or program to
administer such requirement.
  1. The state board of elections shall adopt such rules and regulations
as may be necessary to carry out the requirements of  this  section  and
shall   prepare   and   distribute  to  participating  agencies  written
instructions as to the  implementation  of  the  program  and  shall  be
responsible  for establishing training programs for employees of partic-
ipating agencies involved in such program. The state board of  elections
shall provide a toll free telephone to answer registration questions.
  2.  [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. No statement shall be made nor any
action taken to discourage the applicant from registering to vote.
  3. If a participating agency provides services  to  a  person  with  a
disability  at  the  person's place of residence, the agency shall offer
the opportunity to complete a voter registration form at such  place  of
residence.
  4.  Each participating agency shall provide to each applicant who does
not decline to register to vote  the  same  degree  of  assistance  with
regard  to  the  completion  of  the registration application form as is
provided by the agency with regard to the completion  of  its  own  form
unless the applicant refuses such assistance.
  5.  Employees  of a voter registration agency who provide voter regis-
tration assistance shall not:
  (a) seek to influence an applicant's  political  preference  or  party
designation;
  (b) display any political preference or party allegiance;
  (c)  make any statement to an applicant or take any action the purpose
or effect of which is to discourage the applicant  from  registering  to
vote; or
  (d)  make any statement to an applicant or take any action the purpose
or effect of which is to lead the applicant to believe that  a  decision
to  register  or  not to register has any bearing on the availability of
services or benefits.
  6.] The state board of elections  shall  coordinate  and  monitor  the
[distribution   of]   IMPLEMENTATION  OF  AUTOMATIC  voter  registration
[forms], PURSUANT TO SECTION 5-201 OF THIS TITLE, by those  state  agen-
cies,  departments, divisions and offices selected to participate in the
program to maximize the efficient  [and  non  partisan  distribution  of
voter]  registration [information and forms] OF THE USERS OF PARTICIPAT-
ING AGENCY SERVICES.  The board shall also adopt such  rules  and  regu-
lations  as  may be necessary to require county boards and participating
agencies 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.
  [7.  Each  participating  agency, department, division and office that
makes available  voter  registration  forms  shall  prominently  display
promotional  materials  designed  and  approved  by  the  state board of
elections, informing the public of the existence of  voter  registration
services.

S. 2538--B                         11

  8.  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 agen-
cy,  department,  division  or  office  and  with  each recertification,
renewal  or  change  of address form relating to such service or assist-
ance, a registration form together with instructions relating to  eligi-
bility to register and for completing the form except that forms used by
the  department  of  social  services  for  the  initial application for
services, renewal or recertification for services and change of  address
relating to such services shall physically incorporate a voter registra-
tion  application  in  a  fashion  that  permits  the voter registration
portion of the agency form to be detached therefrom. Such  voter  regis-
tration application shall be designed so as to ensure the confidentiali-
ty  of  the  source  of  the application. Included on each participating
agency's application for services or assistance 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) The statement, "applying to register or declining to  register  to
vote  will not affect the amount of assistance that you will be provided
by this agency."
  (c) boxes for the applicant to check to indicate whether the applicant
would like to register or decline to register to vote.
  (d) 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."
  (e) 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."
  (f) 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)."
  (g)  a  toll  free  number at the state board of elections that can be
called for answers to registration questions.
  9.] 3. Disclosure of  voter  registration  information[,  including  a
declination  to  register,]  by  a  participating  agency, its 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 officers law and
shall constitute a violation of this chapter.
  [10. The form containing the declination to register to vote shall  be
retained  by  the  recipient  agency for the same period of time as such
agency retains the accompanying application for  services  or  for  such
shorter  period  of  time  as  may  be  approved  by  the state board of
elections.
  11.] 4. The participating agency shall transmit [the completed  appli-
cations  for  registration  and change of address forms] ALL INFORMATION
COLLECTED PURSUANT TO SECTION 5-201 OF THIS  TITLE  to  the  appropriate
board of elections not later than ten days after receipt except that all
such completed applications and forms received by the agency between the
thirtieth  and  twenty-fifth day before an election shall be transmitted

S. 2538--B                         12

in such manner and at such time as to assure their receipt by such board
of elections not later than the twentieth day before such election.
  [12.  Completed  application forms, when received] 5.  ALL INFORMATION
COLLECTED PURSUANT TO SECTION 5-201 OF THIS  TITLE  by  a  participating
agency  not  later  than  the  twenty-fifth  day before the next ensuing
primary, general or special election and transmitted by such  agency  to
the  appropriate  board  of  elections so that they are received by such
board not later than the twentieth day before such election shall  enti-
tle the applicant to vote in such election provided the board determines
that the applicant is otherwise qualified.
  [13.  The state board of elections shall provide application forms for
use pursuant to this section except that any agency which  uses  a  form
other  than  such  registration  form shall be responsible for providing
such form. Forms which vary in design  and  or  content  from  the  form
approved  by  the  state  board  of  elections may only be used with the
approval of such board.
  14.] 6. Applications shall be processed by the board of  elections  in
the  manner  prescribed  by  [section]  SECTIONS 5-201 AND 5-210 of this
title or, if the applicant is already registered to  vote  from  another
address in the 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.
  [15.]  7. The head of each participating agency shall take all actions
which are necessary and proper for the implementation of  this  section.
Each  agency  head  shall  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 in such agency.
  [16.] 8. The state board shall develop and distribute public  informa-
tion  and promotional materials relating to the purposes and implementa-
tion of this program.
  [17.   Each agency designated as a  participating  agency  under  this
section  shall  conduct  a  study  and prepare a report to determine the
feasibility, practicality  and  cost-effectiveness  of  designing  their
agency  intake  forms  to  serve  also  as voter registration forms that
comply with state and federal  law.  Such  study  and  report  shall  be
completed  by December 1, 1996. Copies of such reports shall be provided
to the governor, the temporary president of the senate, the  speaker  of
the  assembly  and the state board of elections. After submission of the
report, participating agencies that determine that it is feasible, prac-
tical and cost-effective to have such forms also serve as  voter  regis-
tration  forms  shall  do  so  upon  the  approval of the state board of
elections. For each agency that determines it is feasible, practical and
cost effective to use agency intake  forms  that  serve  also  as  voter
registration forms, the state board of elections shall approve or disap-
prove  such use within six months of the submission of the report by the
agency.]
  S 13. Subdivisions 4 and 5 of section 5-211 of the  election  law,  as
amended by section twelve of this act, are amended to read as follows:
  4.  The  participating agency shall transmit all information collected
pursuant to section 5-201 of this title  to  the  appropriate  board  of
elections  not  later  than  ten days after receipt except that all such
completed applications and forms received  by  the  agency  between  the
[thirtieth]  FIFTEENTH  and  [twenty-fifth] TENTH day before an election
shall be transmitted in such manner and at such time as to assure  their

S. 2538--B                         13

receipt  by such board of elections not later than the [twentieth] FIFTH
day before such election.
  5.  All  information collected pursuant to section 5-201 of this title
by a participating agency not later than the  [twenty-fifth]  TENTH  day
before  the next ensuing primary, general or special election and trans-
mitted by such agency to the appropriate board of elections so that they
are received by such board not later  than  the  [twentieth]  FIFTH  day
before  such  election  shall  entitle  the  applicant  to  vote in such
election provided the board determines that the applicant  is  otherwise
qualified.
  S 14. Intentionally omitted.
  S  15.  Section  5-212 of the election law, as added by chapter 659 of
the laws of 1994, subdivisions 6 and 9 as amended by chapter 200 of  the
laws of 1996, is amended to read as follows:
  S 5-212. Motor vehicle registration. 1. In addition to any other meth-
od of voter registration provided for in this article, [any] EVERY qual-
ified  person  [may apply] SHALL BE DEEMED TO HAVE APPLIED for registra-
tion and enrollment by application made [simultaneously  and  integrated
with  an  application]  for a motor vehicle driver's license, a driver's
license renewal [or an], A NON-DRIVER identification  card  [if  such  a
card  is issued by the department of motor vehicles in its normal course
of business] OR A NON-DRIVER IDENTIFICATION CARD RENEWAL.
  2. The department of motor vehicles, with the approval  of  the  state
board  of  elections, shall design a form or forms which shall, in addi-
tion to eliciting such information as may be required by the  department
of  motor vehicles for a driver's license, a driver's license renewal, a
change of address notification  [or  an],  A  NON-DRIVER  identification
card[, serve as] OR A NON-DRIVER IDENTIFICATION CARD RENEWAL, CONSTITUTE
an application for registration and enrollment, or a registration neces-
sitated  by a change of residence. The cost of such forms shall be borne
by the department of motor vehicles.
  3. The voter registration portion of such forms[:
  (a)] shall not require any information that duplicates the information
required on the application for the driver  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) shall include a statement of  the  eligibility  requirements  for
voter  registration  and  shall  require  the applicant to attest by his
signature that he meets those requirements under penalty of perjury.
  (c) shall 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 applicant registers shall remain confiden-
tial and the information be used only for voter registration purposes;
  (iv) if the applicant declines  to  register,  his  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.

S. 2538--B                         14

  (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)."
  (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 motor vehicles 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.]  4.  The department of motor vehicles shall transmit [that portion
of the form which constitutes the completed application for registration
or change of address form] ALL INFORMATION COLLECTED PURSUANT TO SECTION
5-201 OF THIS TITLE 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 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 twentieth day before  such  election.  All  transmittals  shall
include  [original  signatures]  AN  ELECTRONIC IMAGE OF THE APPLICANT'S
SIGNATURE.
  [7. Completed application forms received] 5. ALL INFORMATION COLLECTED
PURSUANT TO SECTION 5-201 OF THE TITLE by the department of motor  vehi-
cles  not later than the twenty-fifth day before the next ensuing prima-
ry, 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 determines that the appli-
cant is otherwise qualified.
  [8.] 6. Disclosure of voter  registration  information[,  including  a
declination  to  register,]  by  the  department  of motor vehicles, its
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.] 7. Application forms shall be processed by the board of elections
in the manner prescribed by section 5-210  of  this  title  or,  if  the
applicant  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] REGISTRATION.
  [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.

S. 2538--B                         15

  11. No statement shall be made nor any action taken to discourage  the
applicant from registering to vote.
  12.  The department of motor vehicles 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.] 8. The state board shall adopt such rules and regulations 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 motor vehicles to provide
the state board with such information and data as the board deems neces-
sary to assess compliance with this section and to compile such  statis-
tics as may be required by the federal elections commission.
  [14.]  9. The state board shall develop and distribute public informa-
tion and promotional materials relating to the purposes and  implementa-
tion of this program.
  [15.]  10. The state board shall prepare and distribute to the depart-
ment of motor vehicles written instructions as to the implementation  of
the  program and shall be responsible for establishing training programs
for employees of the department  of  motor  vehicles  involved  in  such
program.
  [16.]  11.  The  commissioner of motor vehicles shall take all actions
which are necessary and proper for the implementation of  this  section.
The commissioner of motor vehicles shall 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 in such agency.
  S  16.  Subdivisions  4 and 5 of section 5-212 of the election law, as
amended by section fifteen of this act, are amended to read as follows:
  4. The department of motor vehicles  shall  transmit  all  information
collected  pursuant  to  section  5-201 of this title 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 between
the  [thirtieth]  FIFTEENTH  and  [twenty-fifth]  TENTH  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
[twentieth]  FIFTH  day  before  such election.   All transmittals shall
include  [original  signatures  or]  an  electronic  image  [thereof  as
required  by  subdivision  four  of  section 5-200 of this title] OF THE
APPLICANT'S SIGNATURE.
  5. All information collected pursuant to section 5-201 of  this  title
by  the  department  of motor vehicles not later than the [twenty-fifth]
TENTH 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] FIFTH day
before such election  shall  entitle  the  applicant  to  vote  in  such
election  provided  the board determines that the applicant is otherwise
qualified.
  S 17. Paragraph (a) of subdivision 2 of section 5-712 of the  election
law,  as  amended by chapter 200 of the laws of 1996, is amended to read
as follows:
  (a) The board of elections shall also send a  confirmation  notice  to
every  registered  voter  for  whom  it  receives  a notice of change of
address to an address not in such city or county which is not signed  by
the  voter.    Such  change of address notices shall include, but not be
limited to, notices of change of address received pursuant  to  subdivi-

S. 2538--B                         16

sion  [eleven]  FOUR  of  section  5-211  and  subdivision [six] FOUR of
section 5-212 of this article, notice of  change  of  address  from  the
United  States  Postal  Service  through  the National Change of Address
System  or from any other agency of the federal government or any agency
of any state or local government and notice of a forwarding  address  on
mail  sent  to  a  voter  by  the board of elections and returned by the
postal service. Such confirmation notices shall  be  sent  to  such  new
address.
  S  18.  Subdivision 3 of section 5-213 of the election law, as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  3. The board of elections shall restore the registration of  any  such
voter  to  active  status  if such voter notifies the board of elections
that he resides at the address from which he is registered, or the board
finds that such voter has validly signed  a  designating  or  nominating
petition  which states that he resides at such address, or if such voter
casts a ballot in an affidavit envelope which states that he resides  at
such  address, or if the board receives notice that such voter has voted
in an election conducted with registration lists  prepared  pursuant  to
the  provisions of section 5-612 of this article.  If any such notifica-
tion or information is received [twenty]  TEN  days  or  more  before  a
primary,  special or general election, the voter's name must be restored
to active status for such election.
  S 19. Intentionally omitted.
  S 20. The opening paragraph of  paragraph  (e)  of  subdivision  3  of
section 8-302 of the election law, as amended by chapter 125 of the laws
of 2011, is amended to read as follows:
  Whenever  a  voter  presents  himself  or herself and offers to cast a
ballot, and he or she claims to live in the election district  in  which
he or she seeks to vote but no registration poll record can be found for
him  or her in the poll ledger or his or her name does not appear on the
computer generated registration list or his or her  signature  does  not
appear  next  to his or her name on such computer generated registration
list or his or her registration poll record or  the  computer  generated
registration  list  does not show him or her to be enrolled in the party
in which he or she claims to be enrolled AND THE VOTER IS NOT  OTHERWISE
ELIGIBLE  TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
THIS SECTION, a poll clerk or election inspector shall  consult  a  map,
street  finder  or  other  description  of all of the polling places and
election districts  within  the  political  subdivision  in  which  said
election  district  is  located  and  if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for  the  residence  address
provided  by  the voter to such poll clerk or election inspector. There-
after, such voter shall be permitted to vote in said  election  district
only as hereinafter provided:
  S  21.  Section  8-302  of the election law is amended by adding a new
subdivision 3-d to read as follows:
  3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND  OR
WHOSE  INFORMATION  IS  INCOMPLETE  OR  INCORRECT ON THE STATEWIDE VOTER
REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH  A
SOURCE AGENCY LISTED IN SUBDIVISION ONE OF SECTION 5-201 OF THIS CHAPTER
AND  CONSENTED TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN AFFI-
DAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT  THE  POLLING
PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF REGISTERING
TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVISION TWO
OF SECTION 5-201 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE PROOF THAT

S. 2538--B                         17

THE  PERSON IS INELIGIBLE TO REGISTER TO VOTE OR THAT THE PERSON DID NOT
REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN  SUBDIVISION  TWO
OF SECTION 5-201 OF THIS CHAPTER.
  (A)  A  PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT STATING THAT
THE PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES  IN
SUBDIVISION  TWO  OF  SECTION  5-201  OF  THIS  CHAPTER DID NOT SUBMIT A
REQUEST TO REMOVE HIS OR HER NAME FROM  THE  VOTER  REGISTRATION  LISTS.
THAT  AFFIDAVIT  SHALL  BE SUFFICIENT EVIDENCE OF REGISTERING TO VOTE OR
PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION
5-201 OF THIS CHAPTER FOR THE PURPOSES OF THIS SECTION.
  (B) A PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE  TO  AN
AFFIDAVIT  STATING  THAT THE PERSON DID NOT PRESENT DOCUMENTARY PROOF OF
IDENTITY, BUT THAT ALL OF THE IDENTIFYING INFORMATION ON  THE  AFFIDAVIT
BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
THIS  SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF SUBDIVI-
SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
THE FEDERAL HELP AMERICA VOTE ACT.
  S 22. Subdivision 11 of section 5-614 of the election law, as added by
chapter 24 of the laws of 2005, is amended to read as follows:
  11. The state board of elections shall  establish  a  statewide  voter
[hotline  using information available through the statewide voter regis-
tration list for voters to  obtain  information  regarding  their  voter
registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
PUBLIC  WEBSITE  ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE BOARD OF
ELECTIONS AND THROUGH A TOLL-FREE TELEPHONE  NUMBER  MAINTAINED  BY  THE
STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
  A. ALLOW ANY VOTER:
  (I)  TO  REVIEW  THE VOTER REGISTRATION INFORMATION REPRESENTED ON THE
STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
  (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
VOTER REGISTRATION INFORMATION, WHICH SHALL BE SENT  TO  THE  APPLICABLE
COUNTY BOARD OF ELECTIONS; AND
  (III)  TO  DETERMINE  THE  LOCATION  OF THE POLLING PLACE TO WHICH THE
VOTER IS ASSIGNED;
  B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
  (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
RESIDENTIAL ADDRESS WITHIN THE STATE; AND
  (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED  ON  THE  STATEWIDE
VOTER REGISTRATION LIST; AND
  C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
WHO  IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW
THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE  INTERFACE,  THE  DATA
COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
RECEIPT  OF  SUCH  DATA,  THE STATE BOARD OF ELECTIONS SHALL FORWARD THE
INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY  WHERE
THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
SUBMITTED  BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO
THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF  2002
(42  U.S.C.  S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE
SHALL NOT RENDER THE APPLICATION INCOMPLETE OR  OTHERWISE  PRECLUDE  THE
REGISTRATION OF AN ELIGIBLE CITIZEN.

S. 2538--B                         18

  FOR  ANY  ELIGIBLE  CITIZEN  ATTEMPTING  TO USE THE SYSTEM ESTABLISHED
UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE  PROCESSED
AS  VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN
AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE  EFFECT  FOR
THE  PROXIMATE  ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM
ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER  REGISTRA-
TION  INFORMATION  UNDER  THIS  SECTION, THE SYSTEM MUST ALSO NOTIFY THE
CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY  PROCEDURE  PROVIDED  IN
SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
  THE  BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
CITIZEN WHO SUBMITS AN APPLICATION  PURSUANT  TO  THIS  SUBDIVISION  AND
WHOSE  APPLICATION  LACKS AN ELECTRONIC SIGNATURE TO PROVIDE A SIGNATURE
AT THE POLLING PLACE OR WITH  AN  APPLICATION  FOR  AN  ABSENTEE  BALLOT
BEFORE VOTING. THE BOARD OF ELECTIONS MAY REQUIRE AN ELECTOR WHO HAS NOT
PROVIDED  A SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING
AN ABSENTEE BALLOT TO PRESENT A CURRENT AND VALID  PHOTO  IDENTIFICATION
OR  A  COPY OF A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,
PAYCHECK, OR OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME  AND  ADDRESS
OF THE VOTER.
  S  23.  Subdivision 3 of section 8-510 of the election law, as amended
by chapter 43 of the laws of 1988, is amended to read as follows:
  3. The inspectors shall place such completed report,  and  each  court
order,  if  any,  directing that a person be permitted to vote, AND EACH
AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302  OF
THIS ARTICLE, inside a ledger of registration records or computer gener-
ated registration lists between the front cover, and the first registra-
tion  record  and  then shall close and seal each ledger of registration
records or computer generated registration lists, affix their  signature
to  the  seal,  lock such ledger in the carrying case furnished for that
purpose and enclose the keys in a sealed package or seal  such  list  in
the envelope provided for that purpose.
  S  24.  The  election law is amended by adding a new section 17-138 to
read as follows:
  S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER  COLOR
OF  ANY  PROVISION  OF  LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION  PURPOSES,
A  PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE  FROM  THE  STATEWIDE
VOTER  REGISTRATION  LIST  EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
ENFORCE ELECTION LAWS.
  S 25. Subdivision 1 of section 3-220 of the election law,  as  amended
by chapter 104 of the laws of 2010, is amended to read as follows:
  1.  All  registration  records,  certificates,  lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of  the  board
of elections or its employees and subject to such reasonable regulations
as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
PURSUANT TO SECTION 5-201 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
RECORD  OPEN  TO  PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANSMISSION
AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR  PUBLIC
INSPECTION:
  (A) ANY VOTER'S SIGNATURE;
  (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;

S. 2538--B                         19

  (C) ANY PORTION OF a voter's driver's license number,  [department  of
motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
security number and facsimile number [shall not be released  for  public
inspection];
  (D) ANY VOTER'S TELEPHONE NUMBER; AND
  (E)  ANY  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
any time by any person other than a member of a  registration  board  or
board  of  inspectors  of  elections  or  board  of  elections except as
provided by rules imposed by the board of elections.
  S 26. Subdivision 4 of section 3-212 of the election law is amended by
adding two new paragraphs (c) and (d) to read as follows:
  (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION, SHALL ALSO INCLUDE:
  (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-201 OF THIS CHAPTER,
BY SOURCE;
  (2)  THE  NUMBER OF RECORDS RECEIVED UNDER SECTION 5-201 OF THIS CHAP-
TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE  TO
VOTE;
  (3)  THE  NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
VOTER REGISTRATION;
  (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER  REGISTRATION  FORMS  AND/OR
REQUESTS  TO  UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
  (5) THE NUMBER OF VOTERS WHO CORRECT  VOTER  REGISTRATION  INFORMATION
USING  THE  ELECTION-DAY  PROCEDURE  DESCRIBED  IN SECTION 8-302 OF THIS
CHAPTER.
  (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION,  SHALL  EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY IDENTIFIES ANY
PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
  S 27. Section 17-104 of  the  election  law  is  amended  to  read  as
follows:
  S 17-104. False registration. 1. Any person who:
  [1.]  (A) Registers or attempts to register as an elector in more than
one election district for the same election, or more than  once  in  the
same election district; or,
  [2.] (B) Registers or attempts to register as an elector, knowing that
he  will  not  be  a qualified voter in the district at the election for
which such registration is made; or
  [3.] (C) Registers or attempts to register as  an  elector  under  any
name but his OR HER own; or
  [4.]  (D)  Knowingly  gives  a  false  residence  within  the election
district when registering as an elector; or
  [5.] (E) Knowingly permits, aids, assists, abets,  procures,  commands
or advises another to commit any such act, is guilty of a felony.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, NO PERSON
SHALL BE LIABLE FOR AN ERROR IN THE STATEWIDE  VOTER  REGISTRATION  LIST
UNLESS  SUCH  PERSON  KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT IN
ORDER TO EFFECTUATE OR PERPETUATE VOTER REGISTRATION. AN  ERROR  IN  THE
STATEWIDE  VOTER  REGISTRATION LIST SHALL NOT CONSTITUTE A FRAUDULENT OR
FALSE CLAIM TO CITIZENSHIP.
  S 28. Subdivision 17 of section 3-102 of the election law,  as  renum-
bered  by  chapter  23 of the laws of 2005, is renumbered subdivision 21
and four new subdivisions 17, 18,  19  and  20  are  added  to  read  as
follows:

S. 2538--B                         20

  17.  ENSURE  THAT, UPON RECEIPT AND VERIFICATION OF A PERSON'S EXPRESS
REQUEST TO OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME  AND  REGIS-
TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
TRATION LISTS;
  18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
PERSON  WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART, TO
ANY THIRD PARTY FOR ANY PURPOSE OTHER THAN THE  COMPILATION  OF  A  JURY
LIST;
  19.  PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING EACH
CLASS OF USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE  STATEWIDE  VOTER
REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION  LIST  AND  TO ANY LIST PROVIDED BY A SOURCE AGENCY OR LIST
MAINTENANCE SOURCE, AND SETTING FORTH OTHER SAFEGUARDS  TO  PROTECT  THE
PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
TION LIST;
  20.  PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF TRANSFER
OF ADDRESS BY ELECTRONIC MAIL; AND
  S 29. This act shall take effect immediately; provided, however,  that
sections  two,  three,  four,  six,  seven, eight, ten, twelve, fifteen,
seventeen, twenty, twenty-one, twenty-two, twenty-three and  twenty-four
of  this  act  shall  take effect January 1, 2017; provided further that
sections five, nine, eleven, thirteen, sixteen and eighteen of this  act
shall  take  effect  January 1, 2018.  Effective immediately, any rules,
regulations and agreements necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed on
or before such date.

co-Sponsors

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2015-S2538C (ACTIVE) - Details

See Assembly Version of this Bill:: A5972
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd El L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1974
2013-2014: S619
2017-2018: S3304, A2278

2015-S2538C (ACTIVE) - Summary

Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.

2015-S2538C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2538C

 TITLE OF BILL :

An act to amend the election law, in relation to enacting the "voter
empowerment act of New York"

 PURPOSE :

The Voter Empowerment Act of New York provides for automatic voter
registration of eligible citizens at designated government agencies,
permitting the pre-registration of sixteen and seventeen year-olds;
transferring the registrations of New Yorkers who move within the
state, providing for access to voter registration records and the
registration of eligible citizens over the Internet, and moving the
deadlines for voter registration and party enrollment.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 2 amends Section 5-104 of the election law providing that a
college student may be registered at his or her parents' home
residence or at a college address

Section 3 amends the election law, adding new Section 5-200 providing
for automatic registration of voters

Section 4 amends subdivisions 1 and 6 of section 5-208 of the election
law allowing easier transfer of registrations when a person moves
within New York State

Section 5 amends subdivision 3 of section 5-208 of the election law
providing a 10 day limit prior to elections to change an address, and
provides a mechanism to vote by affidavit ballot if within 10 days of
an election.

Section 6 amends subdivision 1 of section 4-117 of the election law
allowing transfer of registration when a person moves within New York
State.

Section 7 amends paragraph a of subdivision 1 of section 5-400 of the
election law allowing transfer of registration when a person moves
within New York State.

Section 8 amends paragraphs b, c, and d of subdivision 2 of section
5-400 of the election law allowing transfer of registration when a
person moves within New York State.

Section 9 amends subdivision 3 of section 5-210 of the election law to
allow registration up until ten days prior to an election, so long as
it is received within 5 days before the election, and provides that
everyone automatically registered to vote shall receive such
notification within ten days of the registration information by the
board of elections.

Section 10 amends paragraphs g and k of subdivision 5 of section 5-210
of the election law allowing 16 and 17 year olds to pre-register to
vote.

Section 11 amends subdivisions 9, 11 and 14 of section 5-210 of the
election law provides for implementation of 10 day advance voter
registration

Section 12 amends section 5-211 of the election law providing that
SUNY, CUNY, all public housing authorities, the department of
corrections and community supervision and the division of military and

naval affairs are included as agencies for the purposes of voter
registration.

Section 13 amends subdivisions 11 and 12 of section 5-211 of the
election law ensuring registration up to 10 days prior to an election.

Section 14 amends subdivision 14 of section 5-211 of the election law
and adds new subdivisions 18 and 19 relating to providing colleges and
universities with voter registration forms.

Section 15 amends section 5-212 of the election law changes the motor
voter law to provide for automatic registration of all drivers license
and nondriver id card holders.

Section 16 amends subdivisions 6 and 7 of section 5-212 provides for
the timing of automatic voter registration.

Section 17 amends subdivision 3 of section 5-213 of the election law
providing for reactivation of voter status.

Section 18 amends subdivision 3 of section 5-304 of the election law
provides change in party enrollment deadlines to be moved.

Section 19 amends the opening paragraph of paragraph (e) of
subdivision 3 of section 8-302 of the election law relating to
affidavit ballots and poll location.

Section 20 amends section 8-302 of the election law adding a new
section 3-d to provide for a mechanism for affidavit voting.

Section 21 amends subdivision 11 of section 5-614 of the election law
establishes an online voter information system.

Section 22 amends subdivision 3 of section 8-510 of the election law
includes affidavit ballots in the information to be sealed in a ledger
by election inspectors.

Section 23 amends the election law adding a new section 17-138
provides anti-harassment and anti-discrimination requirements for the
voter registration process.

Section 24 amends subdivision 1 of section 3-220 of the election law
provides that no information submitted as part of the automatic voter
registration process shall be considered a public record.

Section 25 amends subdivision 4 of section 3-212 of the election law
adding new paragraphs c and d requires an annual report of voter
registration.

Section 26 amends section 17-104 of the election law provides that no
person shall be liable for an error in the voter registration list
without knowingly and willfully making a false statement.

Section 27 amends and renumbers subdivision 17 of section 3-102 and
adds new subdivisions 17, 18, 19 and 20 to provide a process for
opting out of the voter registration list.

 JUSTIFICATION :

New York's antiquated voter registration system is in dire need of
repair. It is time for New York to join states like Oregon in making
registration automatic to remove one major impediment from citizen
participation in the political process. Additionally, making it easier
to transfer registrations when a person moves around the state and
allowing minors to pre-register to vote will help make New York one of
the most voter-friendly states in the country.
 LEGISLATIVE HISTORY :

2014: S0619B (Gianaris) - Elections; A00187B (Kavanagh) - Election Law
2013: S0619A (Gianaris) - Elections; A00187A (Kavanagh) - Election Law
2012: S1974D (Gianaris) - Elections; A01712D (Kavanagh) - Election Law
2011: S1974 (Gianaris) - Elections; A01712 (Kavanagh) - Election Law
2010: No Senate Bill; A05265 (Gianaris) - Election Law
2009: No Senate Bill; A05265 (Gianaris) - Election Law
2008: No Senate Bill; A04346 (Gianaris) - Election Law
2007: No Senate Bill; A04346 (Gianaris) - Election Law
2006: No Senate Bill; A03480 (Gianaris) - Election Law
2005: No Senate Bill; A03480 (Gianaris) - Election Law
2004: No Senate Bill; A09346 (Gianaris) - Election Law

 FISCAL IMPACT ON THE STATE :

Projected cost savings from a decrease in costs required to administer
voter registration, in an amount to be determined.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however that
sections two, three, four, six, seven, eight, ten twelve, fifteen,
seventeen, twenty, twenty-one, twenty-two, twenty-three, and
twenty-four shall take effect January 1, 2017, sections five, nine,
eleven, thirteen, sixteen, and eighteen take effect on January 1,
2018.

2015-S2538C (ACTIVE) - Bill Text download pdf

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

                                 2538--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced by Sens. GIANARIS, ADDABBO, AVELLA, COMRIE, DILAN, ESPAILLAT,
  HAMILTON,  HASSELL-THOMPSON,  HOYLMAN,  KENNEDY,  KRUEGER, MONTGOMERY,
  PARKER, PERALTA, PERKINS, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS
  -- 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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the election law, in relation to enacting the "voter
  empowerment act of New York"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "voter empowerment act of New York".
  S 2. Section 5-104 of the election law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION REGARD-
ING THE RIGHT OF STUDENTS TO REGISTER AND VOTE SHALL BE INTERPRETED IN A
MANNER  CONSISTENT WITH THE CONSTITUTIONAL REQUIREMENT THAT EACH CITIZEN
MUST BE PERMITTED TO VOTE IN THAT COMMUNITY WHICH IS THE "LOCUS  OF  ...
PRIMARY CONCERN" TO THAT CITIZEN AT THE TIME OF THE ELECTION. ACCORDING-
LY,  A  STUDENT ATTENDING A COLLEGE OR UNIVERSITY IN THIS STATE SHALL BE
PERMITTED TO RETAIN HIS OR HER PARENTAL RESIDENCE FOR VOTING PURPOSES IF
THE PARENTAL COMMUNITY  REMAINS  THE  LOCUS  OF  THE  STUDENT'S  PRIMARY
CONCERN OR, IN THE ALTERNATIVE, A STUDENT SHALL BE PERMITTED TO REGISTER
AND  VOTE  FROM  HIS  OR  HER RESIDENCE WITHIN THE COLLEGE OR UNIVERSITY
COMMUNITY IF HE OR SHE REGARDS THE COLLEGE OR UNIVERSITY AS THE COMMUNI-
TY OF PRIMARY CONCERN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03180-16-6

S. 2538--C                          2

  S 3. The election law is amended by adding a new section 5-200 to read
as follows:
  S  5-200.  AUTOMATIC  VOTER REGISTRATION. 1. NOTWITHSTANDING ANY OTHER
MANNER OF REGISTRATION REQUIRED BY THIS  ARTICLE,  EACH  PERSON  IN  THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
PROVIDED THAT THE PERSON DOES NOT ELECT TO DECLINE REGISTRATION TO  VOTE
AT THE POINT OF SERVICE.
  2.  THE  STATE  BOARD  OF ELECTIONS OR COUNTY BOARD OF ELECTIONS SHALL
REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN  THE
STATE  QUALIFIED  TO  VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE WHO
DOES NOT ELECT TO DECLINE REGISTRATION TO VOTE OR UPDATE  THE  REGISTRA-
TION RECORD AT THE POINT OF SERVICE AND DOES ANY OF THE FOLLOWING:
  (A)  COMPLETES  AN  APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE,
NON-DRIVER  IDENTIFICATION  CARD,  PRE-LICENSING   COURSE   CERTIFICATE,
LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
MENT  OF  MOTOR  VEHICLES,  OR  NOTIFIES SUCH DEPARTMENT IN WRITING OF A
CHANGE OF HIS OR HER NAME OR ADDRESS;
  (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
  (C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES,  OR  CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY
MUNICIPAL HOUSING AUTHORITY AS SET FORTH  IN  ARTICLE  THIRTEEN  OF  THE
PUBLIC HOUSING LAW;
  (D)  REGISTERS  FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
  (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
PAROLE;
  (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
  (G) BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF  MILITARY
AND NAVAL AFFAIRS; OR
  (H)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
THREE OF THIS SECTION.
  3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF  MILITARY  AND
NAVAL  AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B) THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE  AGEN-
CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
  (I)  THE  LIKELIHOOD  THAT  SOURCE  RECORDS  REFLECT A LARGE NUMBER OF
ELIGIBLE CITIZENS;
  (II) THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS  WHO
WOULD  NOT  OTHERWISE  BE  REGISTERED  UNDER  THE ACT TO MODERNIZE VOTER
REGISTRATION;
  (III) THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE  RECORDS;
AND
  (IV)  ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION OFFICIAL
AS REASONABLY RELATED TO  ACCOMPLISHING  THE  PURPOSES  OF  THE  ACT  TO
MODERNIZE VOTER REGISTRATION.

S. 2538--C                          3

  4.  THE  STATE  BOARD OF ELECTIONS AND THE SOURCE AGENCIES SHALL ENTER
INTO AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN  SUBDIVISION
TWO  OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO THE
STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
  (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
  (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
  (C) DATE OF BIRTH;
  (D) CITIZENSHIP;
  (E)  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE  FOR  THE
PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
  (F) POLITICAL PARTY ENROLLMENT, IF ANY;
  (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
BALLOT, IF ANY; AND
  (H) AN IMAGE OF THE PERSON'S SIGNATURE.
  IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT  TO  THIS  SECTION
FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
SIGNATURE  SHALL  NOT  PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO  ENABLE  AN  ELIGIBLE
CITIZEN,  WHOSE  INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A  SIGNATURE
AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT  PROVIDED  A
SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
BALLOT  TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,  PAYCHECK,  OR
OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
  5.  IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING THE
CITIZENSHIP STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS  SUFFICIENT
TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
ZENSHIP  FOR  EACH  PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO  AN
INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
  6.  EACH  SOURCE  AGENCY  SHALL  INCLUDE  FOR EACH PERSON DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION A STATEMENT THAT  HE  OR  SHE  SHALL  BE
REGISTERED TO VOTE, IF HE OR SHE IS NOT ALREADY SO REGISTERED, PROVIDED,
HOWEVER,  THAT EACH SOURCE AGENCY SHALL PROVIDE EACH PERSON DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION THE  OPPORTUNITY  TO  ELECT  TO  DECLINE
REGISTRATION TO VOTE AT THE POINT OF SERVICE, AND UPON SUCH ELECTION, HE
OR  SHE  SHALL  NOT  BE REGISTERED TO VOTE PURSUANT TO THE PROCEDURES IN
THIS SECTION AT THAT TIME.
  7. THE STATE BOARD  OF  ELECTIONS  SHALL  PREPARE  AND  DISTRIBUTE  TO
PARTICIPATING  AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION OF
THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING  PROGRAMS
FOR  EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING SHALL
INCLUDE REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE  TO
EACH  INDIVIDUAL  IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION THAT THE
SOURCE AGENCY MAINTAINS STRICT NEUTRALITY WITH  RESPECT  TO  A  PERSON'S
PARTY  ENROLLMENT  AND  ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
INFORMATION SHALL BE ADVISED THAT GOVERNMENT  SERVICES  ARE  NOT  CONDI-
TIONED  ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO VOTE.
NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
CANT FROM REGISTERING TO VOTE.
  8. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE  SOURCE
AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-

S. 2538--C                          4

TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
TORY  INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION, ADDITIONAL
INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
TATING  VOTER  REGISTRATION,  THE  FREQUENCY  OF DATA TRANSMISSIONS, THE
PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE  SECURITY
AND  PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
  9. EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD  OF
ELECTIONS  AND  COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH  SUCH
PERSON  TO  VOTE  OR  TO  UPDATE  EACH  SUCH PERSON'S VOTER REGISTRATION
RECORD.
  10. EACH SOURCE AGENCY SHALL ENTER INTO AN AGREEMENT  WITH  THE  STATE
BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
SMISSIONS  REQUIRED  BY  THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
THOUSAND SEVENTEEN; PROVIDED, THAT EACH SOURCE AGENCY SHALL BE  ABLE  TO
COMPLY  FULLY  WITH  ALL  REQUIREMENTS  OF  THIS  SECTION, INCLUDING THE
COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
TO VOTE, BY JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
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] STATE, or for any voter who
[casts]  SUBMITS  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 OR WHICH TRANSMIT INFORMATION, that  the  voter  has
notified such agency of a change of address in the [same city or county]
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 registration from persons  already  registered
[in such county or city], or any other notices to correspondents sent to
the board of elections by such voters.
  6.  If a notice sent pursuant to [subdivision five of] this section is
returned [by the postal service] as undeliverable and without a forward-
ing address, the board of elections shall  return  the  registration  of
such  voter  to  the  original  address,  send such voter a confirmation
notice pursuant to the provisions of subdivision one of section 5-712 of
this [title] ARTICLE and place such voter in inactive status.
  S 5. Subdivision 3 of section 5-208 of the election law, as  added  by
chapter 659 of the laws of 1994, is amended to read as follows:
  3.  If  such  a notice is received at least [twenty] TEN days before a
primary, special or general election, such change  of  address  must  be
completed  before  such  election.  IF  SUCH A NOTICE IS NOT RECEIVED AT
LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR  GENERAL  ELECTION,  THEN  A

S. 2538--C                          5

VOTER  MAY  VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF SECTION 8-302
OF THIS CHAPTER.
  S 6. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1.  The  board  of elections, between August first and August fifth of
each year, shall send by first class mail on which is endorsed  "ADDRESS
CORRECTION  REQUESTED"  and  which contains a request that any such mail
received for persons not residing at the address be dropped back in  the
mail,  a  communication,  in  a  form  approved  by  the  state board of
elections, to every registered voter who has been registered  without  a
change  of  address  since  the  beginning of such year, except that the
board of elections shall not be required to send such communications  to
voters  in  inactive status. The communication shall notify the voter of
the days and hours of the ensuing primary  and  general  elections,  the
place  where  he  appears  by his registration records to be entitled to
vote, the fact that voters who have moved or will have  moved  from  the
address  where  they  were last registered must [re-register or, that if
such move was to another address in the same county or city,  that  such
voter  may]  either  notify the board of elections of his new address or
vote by paper ballot at the polling place for his new  address  even  if
such  voter  has  not  re-registered, or otherwise notified the board of
elections of the change of address. If the location of the polling place
for the voter's election district  has  been  moved,  the  communication
shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
indicate whether the polling place is accessible to physically  disabled
voters, that a voter who will be out of the city or county on the day of
the  primary  or  general  election  or a voter who is ill or physically
disabled may obtain an absentee ballot, that a physically disabled voter
whose polling place is not accessible may request that his  registration
record  be moved to an election district which has a polling place which
is accessible, the phone number to  call  for  applications  to  move  a
registration  record  or  for  absentee  ballot  applications, the phone
number to call for the location of registration and polling places,  the
phone  number  to call to indicate that the voter is willing to serve on
election day as an election inspector, poll  clerk,  interpreter  or  in
other  capacities, the phone number to call to obtain an application for
registration  by  mail,  and  such  other  information  concerning   the
elections  or  registration as the board may include. In lieu of sending
such communication to every registered voter, the board of elections may
send a single communication to a  household  containing  more  than  one
registered  voter,  provided that the names of all such voters appear as
part of the address on such communication.
  S 7. Paragraph (a) of subdivision 1 of section 5-400 of  the  election
law,  as  amended by chapter 659 of the laws of 1994, is amended to read
as follows:
  (a) Moved his OR HER residence outside the [city or county in which he
is registered] STATE.
  S 8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400  of
the  election  law,  paragraphs  (b)  and (d) as added by section 20 and
paragraph (c) as added and paragraph (d) as relettered by section 22  of
chapter 659 of the laws of 1994, are amended to read as follows:
  (b)  A  notice that the registrant has moved to an address outside the
[city or county] STATE which is signed by the registrant and sent to the
board of elections.

S. 2538--C                          6

  (c) A notice signed by the registrant which states  that  such  regis-
trant  has  moved  to  an address outside the [city or county] STATE and
that such change of address is for voter registration purposes.
  (d)  A  notice  from  a board of elections or other voter registration
officer or agency that such  person  has  registered  to  vote  from  an
address outside [such city or county] THE STATE.
  S 9. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 255 of the laws of 2015, is amended to read as follows:
  3.  Completed  application  forms,  when  received  by  any  board  of
elections and, with respect to  application  forms  promulgated  by  the
federal  election  commission,  when  received  by  the  state  board of
elections, or showing a dated cancellation mark  of  the  United  States
Postal  Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the [twenty-fifth] TENTH day  before
the  next  ensuing primary, general or special election, and received no
later than the [twentieth] FIFTH day before such election, or  delivered
in person to such board of elections not later than the tenth day before
a  special  election,  shall  entitle  the  applicant  to  vote  in such
election, if he or she is otherwise qualified, provided,  however,  such
applicant  shall  not vote on a voting machine until his or her identity
is verified. Any board of elections receiving an application form from a
person who does not reside in its jurisdiction but who does reside else-
where in the state of New York, shall forthwith forward such application
form to the proper board of elections. Each  board  of  elections  shall
make  an  entry  on  each  such  form of the date it is received by such
board.
  S 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of  the
election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
2008, are amended and a new paragraph (n) is added 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.
  (k) The form shall also include space for the  following  information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) The date of birth of the applicant.
  (iv) A space for the applicant to indicate his or her driver's license
or  department  of motor vehicles non-driver photo ID number or the last
four digits of his or her social security number or,  if  the  applicant
does  not have either such number, a space for the applicant to indicate
he or she does not have either.
  (v) A space for the applicant to indicate whether or not he or she  is
a citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
  (vi) [A space for the applicant to answer the question "Will you be 18
years  of  age  on  or  before  election day?" and the statement "If you

S. 2538--C                          7

checked "no" in response to this question, do  not  complete  this  form
unless you will be 18 by the end of the year."
  (vii)] A statement informing the applicant that if the form is submit-
ted by mail and the applicant is registering for the first time, certain
information or documents must be submitted with the mail-in registration
form  in  order  to  avoid  additional  identification requirements upon
voting for the first time. Such information and documents are:
  (A) a driver's license or  department  of  motor  vehicles  non-driver
photo ID number; or
  (B)  the  last four digits of the individual's social security number;
or
  (C) a copy of a current and valid photo identification; or
  (D) a copy of a  current  utility  bill,  bank  statement,  government
check,  paycheck  or  other  government document that shows the name and
address of the voter.
  [(viii)] (VII) The gender of the applicant (optional).
  [(ix)] (VIII) A space for the applicant to indicate his or her  choice
of party enrollment, with a clear alternative provided for the applicant
to decline to affiliate with any party.
  [(x)] (IX) The telephone number of the applicant (optional).
  [(xi)]  (X)  A  place  for the applicant to execute the form on a line
which is clearly  labeled  "signature  of  applicant"  preceded  by  the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I  meet  all  the  requirements  to  register to vote in New York
       State.
     * This is my signature or mark on the line below.
     * All the information contained on  this  application  is  true.  I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which  form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
  [(xii)] (XI) A space for the applicant to register  in  the  New  York
state  donate  life  registry for organ and tissue donations established
pursuant to section forty-three hundred ten of the public health law.
  (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
  (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
SOURCE AGENCIES AND THE STATE OR COUNTY  BOARDS  OF  ELECTIONS  ARE  NOT
REQUIRED  TO  INCLUDE  THE COLLECTION OR TRANSMISSION OF THE INFORMATION
REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR  (XI)  OF
PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
TO  REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN
THE STATE WHOSE INFORMATION IS  TRANSMITTED PURSUANT TO SECTION 5-200 OF
THIS TITLE FOR THE REASON THAT SUCH INFORMATION  DOES  NOT  INCLUDE  THE
INFORMATION  REQUESTED  BY  PARAGRAPH  (J)  OR  SUBPARAGRAPH (I), (VII),
(VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S 11. Subdivisions 9, 11 and 14 of section 5-210 of the election  law,
as  amended  by  chapter 179 of the laws of 2005, are amended to read as
follows:
  9. The county board of elections shall, promptly and in any event, not
later than twenty-one days after receipt by it of the application, veri-
fy the identity of the applicant, EXCEPT  IF  SUCH  BOARD  RECEIVES  THE
APPLICATION  WITHIN  TWENTY-ONE  DAYS  OF  A SPECIAL, PRIMARY OR GENERAL

S. 2538--C                          8

ELECTION, THE BOARD SHALL VERIFY THE IDENTITY OF  THE  APPLICANT  WITHIN
FIVE  DAYS  OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER. In order
to do so, the county board of elections shall  utilize  the  information
provided in the application and shall attempt to verify such information
with  the  information  provided  by  the  department of motor vehicles,
social security administration and any other lawful  available  informa-
tion  source.  If  the county board of elections is unable to verify the
identity of the applicant within twenty-one days of the receipt  of  the
application,  it shall immediately take steps to confirm that the infor-
mation provided by the applicant was accurately utilized by such  county
board  of  elections,  was  accurately  verified  with other information
sources and that no data entry error, or other similar  type  of  error,
occurred.  Following completion of the preceding steps, the county board
of elections shall mail (a) a notice of its approval, (b)  a  notice  of
its  approval  which  includes an indication that such board has not yet
been able to verify the identity of the applicant and a request for more
information so that such verification may be completed, or (c) a  notice
of  its rejection of the application to the applicant in a form approved
by the state  board  of  elections.  Notices  of  approval,  notices  of
approval  with  requests  for  more  information or notices of rejection
shall be sent by nonforwardable first class or return postage guaranteed
mail on which is  endorsed  "ADDRESS  CORRECTION  REQUESTED"  and  which
contains  a request that any such mail received for persons not residing
at the address be dropped back in the mail. The voter's registration and
enrollment shall be complete upon receipt  of  the  application  by  the
appropriate  county board of elections. The failure of a county board of
elections to verify an applicant's identity shall not be the  basis  for
the  rejection  of  a  voter's application, provided, however, that such
verification failure shall be the basis for requiring  county  board  of
elections  to  take  the  additional verification steps provided by this
chapter. The notice shall also advise the registrant of  the  date  when
his  registration and enrollment is effective, of the date and the hours
of the next regularly scheduled primary or general election in which  he
will  be  eligible  to vote, of the location of the polling place of the
election district in which he is or will be a qualified  voter,  whether
such  polling  place  is accessible to physically handicapped voters, an
indication that physically handicapped voters or voters who are  ill  or
voters  who  will be out of the city or county on the day of the primary
or general election, may obtain an absentee ballot and the phone  number
to  call for absentee ballot applications, the phone numbers to call for
location of polling places, to obtain registration forms and  the  phone
number  to  call  to  indicate  that  the  voter  is willing to serve on
election day as an inspector, poll clerk or interpreter. The  notice  of
approval, notice of approval with request for more information or notice
of  rejection  shall  also  advise  the applicant to notify the board of
elections if there is any inaccuracy. The form of such mail notification
shall be prescribed by the state board of elections  and  shall  contain
such  other information and instructions as it may reasonably require to
carry out the purposes of this section. The request for more information
shall inform the voter  that  "THE  FAILURE  TO  CONTACT  THE  BOARD  OF
ELECTIONS  AND  CORRECT  ANY  INACCURACIES IN THE APPLICATION OR PROVIDE
REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such
notice  is  returned  undelivered without a new address, the board shall
forthwith send such applicant a  confirmation  notice  pursuant  to  the
provisions  of section 5-712 of this article and place such applicant in

S. 2538--C                          9

inactive status. The state board  of  elections  shall  prepare  uniform
notices  by this section as provided for in subdivision eight of section
3-102 of this chapter.
  11. If the county board of elections suspects or believes that for any
reason  the applicant is not entitled to registration and enrollment, it
shall make inquiry in reference thereto. If the board of elections shall
find that the applicant is not qualified to  register  and  enroll,  the
application  shall  be  rejected  and  the  applicant  notified  of such
rejection and the reason therefor, no later than ten days before the day
of the first primary or general election  occurring  at  least  [twenty-
five]  TEN  days after the filing of the application, EXCEPT THAT IF THE
APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN  DAYS  BEFORE  THE
DAY  OF  THE  FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTIFY
THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  14. Notwithstanding the entry by the county board of elections on  the
registration  poll record of the information contained on an application
form prescribed by this section, such entry shall not preclude the coun-
ty board of elections from subsequently rejecting the application if  it
is  not  satisfied that the applicant is entitled to register and enroll
as provided by this section, provided that the applicant is notified  of
such  rejection  and  reasons therefor no later than ten days before the
day of the first primary or general election occurring at  least  [twen-
ty-five] TEN days after the filing of such application form, EXCEPT THAT
IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  S  12.  The  opening  paragraph  and subdivisions 11 and 12 of section
5-211 of the election law, the opening paragraph as amended  by  chapter
265 of the laws of 2013, subdivision 11 as amended by chapter 200 of the
laws  of  1996 and subdivision 12 as added by chapter 659 of the laws of
1994, are amended to read as follows:
  Each agency designated as a participating agency under the  provisions
of this section 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 children and family services,  the  office  of  temporary  and
disability  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 disabil-
ities 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, THE  STATE  UNIVERSITY  OF
NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK, ALL PUBLIC HOUSING AUTHORI-
TIES LISTED IN ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW,  THE  DEPART-
MENT  OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE NEW YORK DIVISION

S. 2538--C                         10

OF MILITARY AND NAVAL AFFAIRS. Such agencies shall be required to  offer
voter  registration  forms  to AND PROVIDE FOR AUTOMATIC VOTER REGISTRA-
TION, PURSUANT TO SECTION 5-200 OF THIS TITLE, FOR 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, 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 institutions of the state  univer-
sity  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 applica-
tion  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, if it determines that it is not  feasible  for  such  office  or
program to administer such requirement.
  11.  The  participating  agency shall transmit [the completed applica-
tions for registration and change  of  address  forms]  ALL  INFORMATION
COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE to the appropriate
board of elections not later than ten days after receipt except that all
such completed applications and forms received by the agency 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 twentieth day before such election.
  12.  [Completed  application  forms,  when  received]  ALL INFORMATION
COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  by  a  participating
agency  not  later  than  the  twenty-fifth  day before the next ensuing
primary, general or special election and transmitted by such  agency  to
the  appropriate  board  of  elections so that they are received by such
board not later than the twentieth day before such election shall  enti-
tle the applicant to vote in such election provided the board determines
that the applicant is otherwise qualified.
  S  13. Subdivisions 11 and 12 of section 5-211 of the election law, as
amended by section twelve of this act, are amended to read as follows:
  11. The participating agency shall transmit all information  collected
pursuant  to  section  5-200  of  this title to the appropriate board of
elections not later than ten days after receipt  except  that  all  such
completed  applications  and  forms  received  by the agency between the
[thirtieth] FIFTEENTH and [twenty-fifth] TENTH 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 [twentieth]  FIFTH
day before such election.
  12.  All information collected pursuant to section 5-200 of this title
by a participating agency not later than the  [twenty-fifth]  TENTH  day
before  the next ensuing primary, general or special election and trans-
mitted by such agency to the appropriate board of elections so that they
are received by such board not later  than  the  [twentieth]  FIFTH  day
before  such  election  shall  entitle  the  applicant  to  vote in such

S. 2538--C                         11

election provided the board determines that the applicant  is  otherwise
qualified.
  S  14. Subdivision 14 of section 5-211 of the election law, as amended
by chapter 200 of the laws of 1996, is amended and two new  subdivisions
18 and 19 are added to read as follows:
  14.  Applications  shall be processed by the board of elections in the
manner prescribed by [section] SECTIONS 5-200 AND 5-210  of  this  title
or,  if the applicant is already registered to vote from another address
in the 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.
  18. ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED  IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS
ELIGIBLE  TO  REGISTER  OR  PRE-REGISTER  TO VOTE UNDER PARAGRAPH (G) OF
SUBDIVISION FIVE OF SECTION 5-210 OF THIS TITLE IN THE SAME  MANNER  AND
SUBJECT  TO  THE  SAME PROVISIONS AND RULES AND REGULATIONS AS ALL OTHER
DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
TY OR PUBLIC SCHOOL DISTRICT THAT  IS  NOT  OTHERWISE  DESIGNATED  AS  A
SOURCE  AGENCY  PURSUANT  TO  SECTION  5-200  OF THIS TITLE SHALL NOT BE
REQUIRED TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'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  SEVEN-
TEEN OF THIS SECTION.
  19.  THE STATE BOARD OF ELECTIONS OR, IN THE CITY OF NEW YORK, THE NEW
YORK CITY BOARD OF ELECTIONS, SHALL PROVIDE TO PUBLIC COLLEGES,  UNIVER-
SITIES, AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGIS-
TRATION  APPLICATIONS THAT IDENTIFY EACH SUCH APPLICATION AS ORIGINATING
FROM EITHER A PUBLIC COLLEGE, UNIVERSITY, OR 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 EACH COLLEGE, UNIVERSI-
TY, OR SCHOOL DISTRICT COVERED BY THIS CHAPTER, EXCEPT THAT THE NEW YORK
CITY  BOARD  OF  ELECTIONS  SHALL PROVIDE AND DELIVER SUCH FORMS TO EACH
PARTICIPATING PUBLIC UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT LOCATED  IN
THE  CITY OF NEW YORK. EVERY BOARD OF ELECTIONS SCANNING VOTER REGISTRA-
TION FORMS SHALL CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND  REPORT
THEM ON A MONTHLY BASIS TO THE STATE BOARD OF ELECTIONS WHICH SHALL MAKE
SUCH DETAILED INFORMATION AVAILABLE TO THE PUBLIC.
  S  15.  Subdivisions  6  and  7  of section 5-212 of the election law,
subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
sion 7 as added by chapter 659 of the laws of 1994, are amended to  read
as follows:
  6.  The  department  of motor vehicles shall transmit [that portion of
the form which constitutes the completed application for registration or
change of address form] ALL INFORMATION COLLECTED  PURSUANT  TO  SECTION
5-200 OF THIS TITLE 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 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  twentieth  day before such election.   All transmittals shall
include original signatures OR AN ELECTRONIC IMAGE THEREOF  AS  REQUIRED
BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS TITLE.
  7.  [Completed  application  forms received] ALL INFORMATION COLLECTED
PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
cles not later than the twenty-fifth day before the next ensuing  prima-

S. 2538--C                         12

ry,  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 determines that the appli-
cant is otherwise qualified.
  S 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
amended by section fifteen of this act, are amended to read as follows:
  6.  The  department  of  motor vehicles shall transmit all information
collected pursuant to section 5-200 of this  title  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 between
the  [thirtieth]  FIFTEENTH  and  [twenty-fifth]  TENTH  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
[twentieth] FIFTH day before such  election.    All  transmittals  shall
include  original  signatures or an electronic image thereof as required
by subdivision four of section 5-200 of this title.
  7. All information collected pursuant to section 5-200 of  this  title
by  the  department  of motor vehicles not later than the [twenty-fifth]
TENTH 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] FIFTH day
before such election  shall  entitle  the  applicant  to  vote  in  such
election  provided  the board determines that the applicant is otherwise
qualified.
  S 17. Subdivision 3 of section 5-213 of the election law,  as  amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  3.  The  board of elections shall restore the registration of any such
voter to active status if such voter notifies  the  board  of  elections
that he resides at the address from which he is registered, or the board
finds  that  such  voter  has validly signed a designating or nominating
petition which states that he resides at such address, or if such  voter
casts  a ballot in an affidavit envelope which states that he resides at
such address, or if the board receives notice that such voter has  voted
in  an  election  conducted with registration lists prepared pursuant to
the provisions of section 5-612 of this article.  If any such  notifica-
tion  or  information  is  received  [twenty]  TEN days or more before a
primary, special or general election, the voter's name must be  restored
to active status for such election.
  S  18.  Subdivision 3 of section 5-304 of the election law, as amended
by chapter 90 of the laws of 1991, is amended to read as follows:
  3. A change of enrollment received by the board of elections,  SHOWING
A  DATED  CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL SERVICE OR
CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS  DATED,
not  later  than the twenty-fifth day before the [general election shall
be deposited in a sealed enrollment box, which shall not be opened until
the first Tuesday  following  such  general  election.  Such  change  of
enrollment  shall  be then removed and entered as provided in this arti-
cle] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED  NO
LATER  THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON TO
SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE  TENTH  DAY  BEFORE  A
PRIMARY,  GENERAL  OR  SPECIAL  ELECTION,  SHALL  BE  EFFECTIVE FOR SUCH
ELECTION. ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED IN THIS  ARTI-
CLE  AND  SHALL  BE  DEEMED  TO  TAKE EFFECT ON THE TENTH DAY AFTER SUCH
CHANGE OF ENROLLMENT IS RECEIVED BY THE BOARD OF  ELECTIONS  OR  IF  THE
CHANGE  OF  ENROLLMENT,  OR  THE  ENVELOPE  CONTAINING IT, BEARS A DATED

S. 2538--C                         13

CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL
BE ENTERED AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE
DATE OF SUCH MARK, WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE
EFFECT  SOONER  THAN  THE  FIFTH DAY AFTER THE RECEIPT OF SUCH CHANGE OF
ENROLLMENT BY THE BOARD OF ELECTIONS.
  S 19. The opening paragraph of  paragraph  (e)  of  subdivision  3  of
section 8-302 of the election law, as amended by chapter 125 of the laws
of 2011, is amended to read as follows:
  Whenever  a  voter  presents  himself  or herself and offers to cast a
ballot, and he or she claims to live in the election district  in  which
he or she seeks to vote but no registration poll record can be found for
him  or her in the poll ledger or his or her name does not appear on the
computer generated registration list or his or her  signature  does  not
appear  next  to his or her name on such computer generated registration
list or his or her registration poll record or  the  computer  generated
registration  list  does not show him or her to be enrolled in the party
in which he or she claims to be enrolled AND THE VOTER IS NOT  OTHERWISE
ELIGIBLE  TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
THIS SECTION, a poll clerk or election inspector shall  consult  a  map,
street  finder  or  other  description  of all of the polling places and
election districts  within  the  political  subdivision  in  which  said
election  district  is  located  and  if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for  the  residence  address
provided  by  the voter to such poll clerk or election inspector. There-
after, such voter shall be permitted to vote in said  election  district
only as hereinafter provided:
  S  20.  Section  8-302  of the election law is amended by adding a new
subdivision 3-d to read as follows:
  3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND  OR
WHOSE  INFORMATION  IS  INCOMPLETE  OR  INCORRECT ON THE STATEWIDE VOTER
REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH  A
SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
TER  AND  CONSENTED  TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN
AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF  REGIS-
TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
SION  TWO  OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE
PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER  TO  VOTE  OR  THAT  THE
PERSON  DID  NOT  REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
  (A) A PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT  STATING  THAT
THE  PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND  CONSENTED  TO  USE
AGENCY  INFORMATION  FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT SHALL BE
SUFFICIENT EVIDENCE OF REGISTERING TO VOTE  OR  PERFORMING  ANY  OF  THE
ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
FOR THE PURPOSES OF THIS SECTION.
  (B)  A  PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE TO AN
AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY  PROOF  OF
IDENTITY,  BUT  THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF  SUBDIVI-
SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION

S. 2538--C                         14

INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
THE FEDERAL HELP AMERICA VOTE ACT.
  S 21. Subdivision 11 of section 5-614 of the election law, as added by
chapter 24 of the laws of 2005, is amended to read as follows:
  11.  The  state  board  of elections shall establish a statewide voter
[hotline using information available through the statewide voter  regis-
tration  list  for  voters  to  obtain information regarding their voter
registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
PUBLIC WEBSITE ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE  BOARD  OF
ELECTIONS  AND  THROUGH  A  TOLL-FREE TELEPHONE NUMBER MAINTAINED BY THE
STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
  A. ALLOW ANY VOTER:
  (I) TO REVIEW THE VOTER REGISTRATION INFORMATION  REPRESENTED  ON  THE
STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
  (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
VOTER  REGISTRATION  INFORMATION,  WHICH SHALL BE SENT TO THE APPLICABLE
COUNTY BOARD OF ELECTIONS; AND
  (III) TO DETERMINE THE LOCATION OF THE  POLLING  PLACE  TO  WHICH  THE
VOTER IS ASSIGNED;
  B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
  (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
RESIDENTIAL ADDRESS WITHIN THE STATE; AND
  (II)  TO  DETERMINE  WHETHER HE OR SHE IS REPRESENTED ON THE STATEWIDE
VOTER REGISTRATION LIST; AND
  C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
WHO IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO  VIEW
THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
ARTICLE  AND  TO  CONFIDENTIALLY SUBMIT, THROUGH THE INTERFACE, THE DATA
COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
RECEIPT OF SUCH DATA, THE STATE BOARD OF  ELECTIONS  SHALL  FORWARD  THE
INFORMATION  TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY WHERE
THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
SUBMITTED BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT  TO
THE  REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF 2002
(42 U.S.C. S 15483(B)), EXCEPT THAT THE ABSENCE OF A  WRITTEN  SIGNATURE
SHALL  NOT  RENDER  THE APPLICATION INCOMPLETE OR OTHERWISE PRECLUDE THE
REGISTRATION OF AN ELIGIBLE CITIZEN.
  FOR ANY ELIGIBLE CITIZEN ATTEMPTING  TO  USE  THE  SYSTEM  ESTABLISHED
UNDER  THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE PROCESSED
AS VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE  CITIZEN
AT  THE  TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE EFFECT FOR
THE PROXIMATE ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE  THE  SYSTEM
ESTABLISHED  UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER REGISTRA-
TION INFORMATION UNDER THIS SECTION, THE SYSTEM  MUST  ALSO  NOTIFY  THE
CITIZEN  THAT  HE  OR SHE MAY USE THE ELECTION-DAY PROCEDURE PROVIDED IN
SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
  THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN  ELIGIBLE
CITIZEN  WHO  SUBMITS  AN  APPLICATION  PURSUANT TO THIS SUBDIVISION AND
WHOSE APPLICATION LACKS AN ELECTRONIC SIGNATURE TO PROVIDE  A  SIGNATURE
AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
BEFORE VOTING. THE BOARD OF ELECTIONS MAY REQUIRE AN ELECTOR WHO HAS NOT
PROVIDED A SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR  SUBMITTING
AN  ABSENTEE  BALLOT TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION
OR A COPY OF A CURRENT UTILITY BILL, BANK STATEMENT,  GOVERNMENT  CHECK,
PAYCHECK,  OR  OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS
OF THE VOTER.

S. 2538--C                         15

  S 22. Subdivision 3 of section 8-510 of the election law,  as  amended
by chapter 43 of the laws of 1988, is amended to read as follows:
  3.  The  inspectors  shall place such completed report, and each court
order, if any, directing that a person be permitted to  vote,  AND  EACH
AFFIDAVIT  COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302 OF
THIS ARTICLE, inside a ledger of registration records or computer gener-
ated registration lists between the front cover, and the first registra-
tion record and then shall close and seal each  ledger  of  registration
records  or computer generated registration lists, affix their signature
to the seal, lock such ledger in the carrying case  furnished  for  that
purpose  and  enclose  the keys in a sealed package or seal such list in
the envelope provided for that purpose.
  S 23. The election law is amended by adding a new  section  17-138  to
read as follows:
  S  17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER COLOR
OF ANY PROVISION OF LAW MAY HARASS OR  DISCRIMINATE  AGAINST  OR  ASSIST
OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
THE  INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION PURPOSES,
A PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION  FOR
VOTER  REGISTRATION  PURPOSES,  OR A PERSON'S ABSENCE FROM THE STATEWIDE
VOTER REGISTRATION LIST EXCEPT AS REQUIRED TO  ADMINISTER  ELECTIONS  OR
ENFORCE ELECTION LAWS.
  S  24.  Subdivision 1 of section 3-220 of the election law, as amended
by chapter 104 of the laws of 2010, is amended to read as follows:
  1. All registration  records,  certificates,  lists,  and  inventories
referred to in, or required by, this chapter shall be public records and
open  to  public inspection under the immediate supervision of the board
of elections or its employees and subject to such reasonable regulations
as such board may impose, provided, however, that  NO  DATA  TRANSMITTED
PURSUANT  TO  SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED A PUBLIC
RECORD OPEN TO PUBLIC INSPECTION SOLELY BY REASON  OF  ITS  TRANSMISSION
AND  THAT  THE  FOLLOWING  INFORMATION  SHALL NOT BE RELEASED FOR PUBLIC
INSPECTION:
  (A) ANY VOTER'S SIGNATURE;
  (B) THE PERSONAL RESIDENCE AND CONTACT INFORMATION OF  ANY  VOTER  FOR
WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
  (C)  ANY  PORTION OF a voter's driver's license number, [department of
motor vehicle] non-driver [photo ID] IDENTIFICATION CARD number,  social
security  number  and facsimile number [shall not be released for public
inspection];
  (D) ANY VOTER'S TELEPHONE NUMBER; AND
  (E) ANY VOTER'S EMAIL ADDRESS.  No such records shall  be  handled  at
any  time  by  any person other than a member of a registration board or
board of inspectors  of  elections  or  board  of  elections  except  as
provided by rules imposed by the board of elections.
  S 25. Subdivision 4 of section 3-212 of the election law is amended by
adding two new paragraphs (c) and (d) to read as follows:
  (C)  SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION, SHALL ALSO INCLUDE:
  (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
BY SOURCE;
  (2) THE NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF  THIS  CHAP-
TER,  BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE TO
VOTE;

S. 2538--C                         16

  (3) THE NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT  OUT  OF
VOTER REGISTRATION;
  (4)  THE  NUMBER  OF VOTERS WHO SUBMIT VOTER REGISTRATION FORMS AND/OR
REQUESTS TO UPDATE OR CORRECT VOTER REGISTRATION INFORMATION  USING  THE
SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
  (5)  THE  NUMBER  OF VOTERS WHO CORRECT VOTER REGISTRATION INFORMATION
USING THE ELECTION-DAY PROCEDURE DESCRIBED  IN  SECTION  8-302  OF  THIS
CHAPTER.
  (D)  SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION, SHALL EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY  IDENTIFIES  ANY
PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
  S  26.  Section  17-104  of  the  election  law  is amended to read as
follows:
  S 17-104. False registration. 1. Any person who:
  [1.] (A) Registers or attempts to register as an elector in more  than
one  election  district  for the same election, or more than once in the
same election district; or,
  [2.] (B) Registers or attempts to register as an elector, knowing that
he will not be a qualified voter in the district  at  the  election  for
which such registration is made; or
  [3.]  (C)  Registers  or  attempts to register as an elector under any
name but his OR HER own; or
  [4.] (D)  Knowingly  gives  a  false  residence  within  the  election
district when registering as an elector; or
  [5.]  (E)  Knowingly permits, aids, assists, abets, procures, commands
or advises another to commit any such act, is guilty of a felony.
  2. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER,  NO  PERSON
SHALL  BE  LIABLE  FOR AN ERROR IN THE STATEWIDE VOTER REGISTRATION LIST
UNLESS SUCH PERSON KNOWINGLY AND WILLFULLY MAKES A  FALSE  STATEMENT  IN
ORDER  TO  EFFECTUATE  OR PERPETUATE VOTER REGISTRATION. AN ERROR IN THE
STATEWIDE VOTER REGISTRATION LIST SHALL NOT CONSTITUTE A  FRAUDULENT  OR
FALSE CLAIM TO CITIZENSHIP.
  S  27.  Subdivision 17 of section 3-102 of the election law, as renum-
bered by chapter 23 of the laws of 2005, is  renumbered  subdivision  21
and  four  new  subdivisions  17,  18,  19  and  20 are added to read as
follows:
  17. ENSURE THAT, UPON RECEIPT AND VERIFICATION OF A  PERSON'S  EXPRESS
REQUEST  TO  OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME AND REGIS-
TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
TRATION LISTS;
  18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
PERSON WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART,  TO
ANY  THIRD  PARTY  FOR  ANY PURPOSE OTHER THAN THE COMPILATION OF A JURY
LIST;
  19. PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING  EACH
CLASS  OF  USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION LIST AND TO ANY LIST PROVIDED BY A SOURCE  AGENCY  OR  LIST
MAINTENANCE  SOURCE,  AND  SETTING FORTH OTHER SAFEGUARDS TO PROTECT THE
PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
TION LIST;
  20. PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF  TRANSFER
OF ADDRESS BY ELECTRONIC MAIL; AND
  S  28. This act shall take effect immediately; provided, however, that
sections two, three, four, six, seven,  eight,  ten,  twelve,  fourteen,
fifteen,  nineteen,  twenty, twenty-one, twenty-two, and twenty-three of

S. 2538--C                         17

this act shall take  effect  January  1,  2017;  provided  further  that
sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
of this act shall take effect January 1, 2018.   Effective  immediately,
any  rules,  regulations  and  agreements  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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Senate Bill S2538C

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