S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5007
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Election Law
 
 AN  ACT to amend the election law, in relation to enabling constitution-
   ally-qualified electors to register to vote and to cast  a  ballot  on
   the same day at a polling location

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section  8-302  of  the  election  law  is
 amended  by adding four new paragraphs (f), (g), (h), and (i) to read as
 follows:
   (F) "CONDITIONAL VOTER REGISTRATION" MEANS A PROPERLY EXECUTED AFFIDA-
 VIT IN THE FORM DESCRIBED IN PARAGRAPH (E) OF  THIS  SUBDIVISION  AT  AN
 EARLY  VOTING  OR  ELECTION DAY POLLING LOCATION AND WHICH MAY BE DEEMED
 EFFECTIVE AFTER THE BOARD OF ELECTIONS PROCESSES THE  AFFIDAVIT,  DETER-
 MINES THE REGISTRANT'S ELIGIBILITY TO REGISTER, AND VALIDATES THE REGIS-
 TRANT'S INFORMATION, AS SPECIFIED IN PARAGRAPH (H) OF THIS SUBDIVISION.
   (G)  IN ADDITION TO OTHER METHODS OF VOTER REGISTRATION PROVIDED UNDER
 THIS CHAPTER, AN ELECTOR WHO IS OTHERWISE QUALIFIED TO REGISTER TO  VOTE
 AND  TO CAST A BALLOT UNDER SECTIONS ONE AND THREE OF ARTICLE TWO OF THE
 NEW YORK STATE CONSTITUTION MAY COMPLETE A CONDITIONAL  VOTER  REGISTRA-
 TION  AND  CAST  AN  AFFIDAVIT BALLOT AT AN EARLY VOTING OR ELECTION DAY
 POLLING LOCATION AT ANY TIME PERMISSIBLE UNDER SECTION FIVE  OF  ARTICLE
 TWO  OF  THE NEW YORK STATE CONSTITUTION, OTHER RESTRICTIONS ON THE TIME
 FOR REGISTRATION IN THIS CHAPTER NOTWITHSTANDING.
   (H) (1) A CONDITIONAL VOTER REGISTRATION SHALL BE DEEMED EFFECTIVE  IF
 THE BOARD OF ELECTIONS IS ABLE TO DETERMINE BEFORE OR DURING THE CANVASS
 PERIOD  FOR  THE ELECTION THAT THE REGISTRANT IS ELIGIBLE TO REGISTER TO
 VOTE AND THAT THE INFORMATION PROVIDED BY THE REGISTRANT ON  THE  REGIS-
 TRATION AFFIDAVIT MATCHES INFORMATION CONTAINED IN A DATABASE MAINTAINED
 BY  THE  DEPARTMENT  OF  MOTOR  VEHICLES  OR THE FEDERAL SOCIAL SECURITY
 ADMINISTRATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04111-01-3
              

 A. 5007                             2
 
   (2) IF THE INFORMATION PROVIDED BY THE REGISTRANT ON THE  REGISTRATION
 AFFIDAVIT  CANNOT  BE VERIFIED BASED ON INFORMATION CONTAINED IN A DATA-
 BASE MAINTAINED BY THE DEPARTMENT  OF  MOTOR  VEHICLES  OR  THE  FEDERAL
 SOCIAL  SECURITY  ADMINISTRATION,  BUT THE BOARD OF ELECTIONS IS ABLE TO
 DETERMINE  THAT THE REGISTRANT IS OTHERWISE ELIGIBLE TO VOTE, THE REGIS-
 TRANT SHALL BE ISSUED A VOTER IDENTIFICATION NUMBER AND THE  CONDITIONAL
 VOTER REGISTRATION SHALL BE DEEMED EFFECTIVE.
   (I)  THE BOARD OF ELECTIONS SHALL OFFER CONDITIONAL VOTER REGISTRATION
 AND VOTING PURSUANT TO THIS ARTICLE,  IN  ACCORDANCE  WITH  ALL  OF  THE
 FOLLOWING PROCEDURES:
   (1)  THE  BOARD OF ELECTIONS SHALL PROVIDE CONDITIONAL VOTER REGISTRA-
 TION AND VOTING PURSUANT  TO  THIS  ARTICLE  AT  ALL  EARLY  VOTING  AND
 ELECTION DAY POLLING LOCATIONS.
   (2) THE BOARD OF ELECTIONS SHALL ADVISE REGISTRANTS THAT A CONDITIONAL
 VOTER  REGISTRATION  WILL  BE EFFECTIVE ONLY IF THE REGISTRANT IS DETER-
 MINED TO BE ELIGIBLE TO REGISTER TO VOTE FOR THE ELECTION AND THE INFOR-
 MATION PROVIDED BY THE REGISTRANT ON THE REGISTRATION AFFIDAVIT IS VERI-
 FIED PURSUANT TO SUBPARAGRAPH (H) OF THIS SUBDIVISION.
   (3) THE BOARD OF ELECTIONS SHALL CONDUCT THE RECEIPT AND  HANDLING  OF
 EACH  CONDITIONAL VOTER REGISTRATION AND OFFER AND RECEIVE A CORRESPOND-
 ING BALLOT IN A MANNER THAT PROTECTS  THE  SECRECY  OF  THE  BALLOT  AND
 ALLOWS THE ELECTIONS OFFICIAL TO PROCESS THE REGISTRATION, DETERMINE THE
 REGISTRANT'S  ELIGIBILITY  TO  REGISTER,  AND  VALIDATE THE REGISTRANT'S
 INFORMATION BEFORE COUNTING OR REJECTING THE CORRESPONDING BALLOT.
   (4) AFTER RECEIVING A CONDITIONAL VOTER  REGISTRATION,  THE  BOARD  OF
 ELECTIONS  SHALL  PROCESS  THE  REGISTRATION, DETERMINE THE REGISTRANT'S
 ELIGIBILITY TO REGISTER, AND ATTEMPT TO VALIDATE THE REGISTRANT'S INFOR-
 MATION.
   (5) IF A CONDITIONAL REGISTRATION IS DEEMED EFFECTIVE,  THE  BOARD  OF
 ELECTIONS  SHALL  INCLUDE  THE  CORRESPONDING  BALLOT  IN  THE  OFFICIAL
 CANVASS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.