S T A T E O F N E W Y O R K
________________________________________________________________________
7011
2009-2010 Regular Sessions
I N A S S E M B L Y
March 18, 2009
___________
Introduced by M. of A. BING, LANCMAN, ROSENTHAL, LUPARDO, COLTON, KOON,
REILLY, HOYT, MENG -- Multi-Sponsored by -- M. of A. BRENNAN, CAHILL,
GOTTFRIED, WEISENBERG -- read once and referred to the Committee on
Election Law
AN ACT to amend the election law, in relation to a universal jurisdic-
tion voting act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 4, and 8 of section 5-208 of the election
law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996,
subdivision 4 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] NEW YORK STATE, or for any
voter who casts 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, that the voter has notified such agency of a change
of address in [the same city or county] NEW YORK 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 regis-
tration from persons already registered in [such county or city] NEW
YORK STATE, or any other notices to correspondents sent to the board of
elections by such voters.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10231-01-9
A. 7011 2
4. If such application for registration from a voter already regis-
tered in [such county or city] NEW YORK STATE also reflects a change of
enrollment, the board of elections shall treat such application as an
application for change of enrollment pursuant to section 5-304 of this
article.
8. If the board of elections receives notice of a change of address
within [such city or county] NEW YORK STATE from, or with respect to, a
person who it determines is not registered in [such county or city] NEW
YORK STATE, it shall forthwith send such person a notice to that effect
in a form approved by the state board of elections at the new address
set forth in such notice of change of address, together with a voter
registration form.
S 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by chapter 200 of the laws of
1996, is amended to read as follows:
(ii) He may swear to and subscribe an affidavit stating that he has
duly registered to vote, the address in such election district from
which he registered, that he remains a duly qualified voter in such
election district, that his registration poll record appears to be lost
or misplaced or that his name and/or his signature was omitted from the
computer generated registration list or that he has moved within [the
county or city] NEW YORK STATE since he last registered, the address
from which he was previously registered and the address at which he
currently resides, and at a primary election, the party in which he is
enrolled. The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality used
for an absentee ballot envelope, and shall contain an acknowledgment
that the affiant understands that any false statement made therein is
perjury punishable according to law. The voter's name and the entries
required shall then be entered without delay and without further inquiry
in the fourth section of the challenge report or in the place provided
at the end of the computer generated registration list, with the nota-
tion that the voter has executed the affidavit hereinabove prescribed,
or, if such person's name appears on the computer generated registration
list, the board of elections may provide a place to make such entry next
to his name on such list. The voter shall then, without further inquiry,
be permitted to vote an emergency ballot provided for by this chapter.
Such ballot shall thereupon be placed in the envelope containing his
affidavit, and the envelope sealed and returned to the board of
elections in the manner provided by this chapter for protested official
ballots, including a statement of the number of such ballots.
S 3. This act shall take effect immediately.