S T A T E O F N E W Y O R K
________________________________________________________________________
5265
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. GIANARIS, J. RIVERA, HOYT, PERALTA, CUSICK,
POWELL, KELLNER -- Multi-Sponsored by -- M. of A. BRADLEY, DIAZ,
GLICK, PEOPLES, TOWNS, WEISENBERG -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, the vehicle and traffic law and the
tax law, in relation to enacting the "automatic voter registration
act"
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 "automatic voter registration act".
S 2. The election law is amended by adding a new section 5-212-a to
read as follows:
S 5-212-A. AUTOMATIC VOTER REGISTRATION. 1. IN ADDITION TO ANY OTHER
METHOD OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, EACH QUALI-
FIED PERSON SHALL BE REGISTERED TO VOTE PURSUANT TO THE PROVISIONS OF
THIS SECTION.
2. ON OR BEFORE THE FIRST OF SEPTEMBER, THE DEPARTMENT OF MOTOR VEHI-
CLES SHALL TRANSMIT TO THE STATE BOARD OF ELECTIONS THE NAME AND ADDRESS
OF EVERY CITIZEN OF THE UNITED STATES, WHO IS A RESIDENT OF THIS STATE,
WHO HAS ATTAINED OR WILL ATTAIN THE AGE OF EIGHTEEN YEARS ON OR BEFORE
THE NEXT GENERAL ELECTION, AND WHO HOLDS A NON-DRIVER IDENTIFICATION
CARD, LEARNER'S PERMIT OR DRIVER'S LICENSE PURSUANT TO THE VEHICLE AND
TRAFFIC LAW.
3. ON OR BEFORE THE FIRST OF SEPTEMBER, THE DEPARTMENT OF TAXATION AND
FINANCE SHALL TRANSMIT TO THE STATE BOARD OF ELECTIONS THE NAME AND
ADDRESS OF EVERY CITIZEN OF THE UNITED STATES, WHO IS A RESIDENT OF THE
STATE, WHO HAS ATTAINED OR WILL ATTAIN THE AGE OF EIGHTEEN YEARS ON OR
BEFORE THE NEXT GENERAL ELECTION, AND WHO HAS SUBMITTED A RESIDENT
PERSONAL INCOME TAX RETURN PURSUANT TO ARTICLE TWENTY-TWO OF THE TAX
LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05743-01-9
A. 5265 2
4. THE STATE BOARD OF ELECTIONS SHALL COMPILE THE INFORMATION SUBMIT-
TED PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION FOR THE
PURPOSE OF COMPLYING WITH THE PROVISIONS OF SUBDIVISION THIRTEEN OF
SECTION 3-102 OF THIS CHAPTER, AND WITHIN TEN DAYS OF THE RECEIPT OF THE
NAMES AND ADDRESSES OF PERSONS PURSUANT TO SUCH SUBDIVISIONS TWO AND
THREE, THE STATE BOARD OF ELECTIONS SHALL TRANSMIT EACH SUCH NAME AND
ADDRESS TO THE APPROPRIATE BOARD OF ELECTIONS, BASED UPON THE ADDRESS,
AND EACH SUCH PERSON SHALL IMMEDIATELY BE REGISTERED TO VOTE.
5. THE STATE BOARD OF ELECTIONS IS AUTHORIZED AND DIRECTED TO ESTAB-
LISH ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS SECTION.
6. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROVIDE FOR THE
ENROLLMENT OF ANY PERSON IN A PARTY. EVERY PERSON REGISTERED PURSUANT TO
THIS SECTION MAY ENROLL IN A PARTY BY COMPLYING WITH THE PROVISIONS OF
TITLE THREE OF THIS ARTICLE.
S 3. Subdivisions 2 and 3 of section 5-212-a of the election law, as
added by section two of this act, are amended to read as follows:
2. On or before the first of September EACH YEAR, the department of
motor vehicles shall transmit to the state board of elections the name
and address of every citizen of the United States, who is a resident of
this state, who has attained or will attain the age of eighteen years
AFTER THE DATE OF THE IMMEDIATELY PRECEDING GENERAL ELECTION AND on or
before the next general election, and who holds a non-driver identifica-
tion card, learner's permit or driver's license pursuant to the vehicle
and traffic law.
3. On or before the first of September EACH YEAR, the department of
taxation and finance shall transmit to the state board of elections the
name and address of every citizen of the United States, who is a resi-
dent of the state, who has attained or will attain the age of eighteen
years AFTER THE DATE OF THE IMMEDIATELY PRECEDING GENERAL ELECTION AND
on or before the next general election, and who has submitted a resident
personal income tax return pursuant to article twenty-two of the tax
law.
S 4. Section 201 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:
8. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE
DEPARTMENT FROM COMPLYING WITH THE PROVISIONS OF SUBDIVISION TWO OF
SECTION 5-212-A OF THE ELECTION LAW. THE INFORMATION REQUIRED BY SUCH
SUBDIVISION SHALL BE PROVIDED TO THE STATE BOARD OF ELECTIONS WITHOUT
ANY FEE IMPOSED BY SECTION TWO HUNDRED TWO OF THIS ARTICLE.
S 5. Section 170 of the tax law is amended by adding a new subdivision
9 to read as follows:
9. NO PROVISION OF THIS CHAPTER SHALL BE DEEMED TO PROHIBIT THE
DEPARTMENT FROM COMPLYING WITH THE PROVISIONS OF SUBDIVISION THREE OF
SECTION 5-212-A OF THE ELECTION LAW. THE INFORMATION REQUIRED BY SUCH
SUBDIVISION SHALL BE PROVIDED TO THE STATE BOARD OF ELECTIONS WITHOUT
ANY CHARGE OR FEE.
S 6. The state board of elections shall conduct a study of the practi-
cality and cost-effectiveness of providing automatic voter registration
pursuant to section 5-212-a of the election law, as added by section two
of this act and amended by section three of this act. In addition, such
board shall study the feasibility of utilizing other state and local
records for the purpose of automatically registering persons to vote. On
or before January 1, 2011, the state board of elections shall submit a
report of its findings and recommendations pursuant to this section to
A. 5265 3
the governor, temporary president of the senate and speaker of the
assembly.
S 7. This act shall take effect immediately, except that section three
of this act shall take effect one year after the effective date of this
act.