S T A T E O F N E W Y O R K
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5257--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
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Introduced by M. of A. ESPAILLAT, KAVANAGH -- read once and referred to
the Committee on Election Law -- recommitted to the Committee on
Election Law in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to allowing for polling
place voter registration for any qualified person who is not regis-
tered to vote
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5-210 of the election law is amended by adding a
new subdivision 1-a to read as follows:
1-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE RELATING
TO REGISTRATION REQUIREMENTS, ANY QUALIFIED PERSON WHO IS NOT REGISTERED
IN THIS STATE MAY APPLY PERSONALLY FOR REGISTRATION AND ENROLLMENT BY
APPEARING AT THE APPROPRIATE POLLING PLACE FOR THE ELECTION DISTRICT IN
WHICH HE OR SHE RESIDES ON ANY DAY OF ELECTION, PRIMARY, GENERAL, OR
SPECIAL, DURING THE HOURS THAT SUCH POLLING PLACE IS OPEN FOR VOTING. TO
BE ELIGIBLE TO REGISTER PURSUANT TO THIS SUBDIVISION, A PERSON MUST
PROVIDE ACCEPTABLE FORMS OF IDENTIFICATION CONTAINING PROOF OF RESI-
DENCE, AS DETERMINED BY STATE LAW IMPLEMENTING THE HELP AMERICANS VOTE
ACT OF 2002 (PUBLIC LAW 107-252). ANY PERSON WHO SO REGISTERS TO VOTE
SHALL EXECUTE THE FOLLOWING INSTRUMENT IN SUBSTANTIALLY THE FOLLOWING
FORM:
"I, (NAME), DO HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT, TO THE
BEST OF MY KNOWLEDGE, I AM A QUALIFIED VOTER, HAVING RESIDED AT (PLACE
OF RESIDENCE) FOR AT LEAST THIRTY DAYS IMMEDIATELY PRECEDING THIS
ELECTION, THAT I AM NOT DISQUALIFIED ON ANY LEGAL GROUNDS FROM VOTING,
AND THAT I HAVE NOT ALREADY VOTED AT THIS ELECTION."
(B) IF A REGISTRANT IS UNABLE TO PROVIDE VALID PROOF OF RESIDENCE AS
PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION, SUCH REGISTRANT MAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08391-03-0
A. 5257--A 2
BE ALLOWED TO REGISTER FOR AND VOTE IN ANY ELECTION BY AFFIDAVIT BALLOT.
SUCH AFFIDAVIT BALLOT SHALL NOT BE COUNTED UNTIL ELECTION OFFICIALS CAN
DETERMINE SUCH REGISTRANT'S RESIDENCE AND ELIGIBILITY TO VOTE.
(C) THE BOARD OF ELECTIONS SHALL ESTABLISH A PROCEDURE BY WHICH A
PERSON WHO REGISTERS PURSUANT TO THIS SUBDIVISION MAY CAST HIS OR HER
VOTE AT THE APPROPRIATE POLLING PLACE.
S 2. This act shall take effect January 1, 2011.