S T A T E O F N E W Y O R K
________________________________________________________________________
811--B
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. BING, REILLY, MILLMAN, SCHROEDER, BROOK-KRASNY,
WRIGHT, JAFFEE, KOON, DINOWITZ, ZEBROWSKI, GABRYSZAK, COOK, MAISEL,
SPANO, CAMARA, KAVANAGH -- Multi-Sponsored by -- M. of A. BRENNAN,
GOTTFRIED, HEASTIE, JEFFRIES, McENENY, PEOPLES-STOKES, N. RIVERA,
RUSSELL, SWEENEY, WEISENBERG -- read once and referred to the Commit-
tee on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 voter registration and
enrollment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5-211 of the election law is amended by adding a
new subdivision 18 to read as follows:
18. ALL COLLEGES, UNIVERSITIES AND PUBLIC HIGH SCHOOLS LOCATED IN THIS
STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY ELIGIBLE
STUDENTS IN THE SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
AND REGULATIONS AS ALL OTHER DESIGNATED AGENCIES; EXCEPT THAT A COLLEGE,
UNIVERSITY OR PUBLIC HIGH SCHOOL SHALL NOT BE REQUIRED TO COLLECT OR
MAINTAIN FORMS CONTAINING AN INDIVIDUAL'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 SEVENTEEN OF THIS
SECTION.
EACH COLLEGE, UNIVERSITY AND PUBLIC HIGH SCHOOL SHALL PROVIDE EACH
ELIGIBLE STUDENT WITH A REGISTRATION FORM WITHIN THE FIRST THREE WEEKS
OF SUCH STUDENT'S ENTRY TO SCHOOL OR ARRIVAL ON CAMPUS PURSUANT TO
SUBDIVISIONS TWO, THREE, FOUR, FIVE, SEVEN, NINE, ELEVEN, TWELVE AND
FIFTEEN OF THIS SECTION. EVERY COLLEGE, UNIVERSITY AND PUBLIC HIGH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03071-10-0
A. 811--B 2
SCHOOL SHALL DESIGNATE AT LEAST ONE CONVENIENTLY LOCATED OFFICE WHERE
STUDENTS MAY RECEIVE VOTER REGISTRATION FORMS AND PERSONAL ASSISTANCE IN
THE COMPLETION OF SUCH FORMS. EACH SUCH OFFICE SHALL PUBLICIZE ITS VOTER
REGISTRATION SERVICES PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, AND
SHALL OFFER TO COLLECT AND TRANSMIT COMPLETED VOTER REGISTRATION FORMS
FROM STUDENTS TO THE LOCAL BOARD OF ELECTIONS PURSUANT TO SUBDIVISIONS
TWO, THREE, FIVE, NINE, ELEVEN, TWELVE AND FIFTEEN OF THIS SECTION.
ANY COLLEGE, UNIVERSITY OR SCHOOL DISTRICT MAY ELECT TO SOLICIT ONE OR
MORE RECOGNIZED NON-PARTISAN CAMPUS BASED ORGANIZATIONS OR STUDENT
GROUPS TO ASSIST IN ITS EFFORTS TO OFFER PERSONAL ASSISTANCE, COLLECTION
AND TRANSMITTAL OF VOTER REGISTRATION FORMS.
IN ADDITION TO THE REQUIREMENTS OF SUBDIVISIONS TWO, FIVE AND EIGHT OF
THIS SECTION, ALL COLLEGES AND UNIVERSITIES OFFERING VOTER REGISTRATION
SERVICES SHALL INFORM STUDENTS OF THEIR RIGHT TO COMPLETE A VOTER REGIS-
TRATION FORM FROM THEIR COLLEGE OR PREVIOUS ADDRESS; INFORM STUDENTS
THAT THEIR DECISION TO REGISTER OR DECLINE TO REGISTER TO VOTE SHALL
HAVE NO BEARING ON THEIR COLLEGE OR UNIVERSITY RECORD; AND NOTWITHSTAND-
ING THE PROVISIONS OF SUBDIVISION NINE OF THIS SECTION, SHALL NOT
INQUIRE OR KEEP RECORDS PERTAINING TO ANY STUDENT'S ELIGIBILITY TO VOTE.
IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF THIS SECTION,
ALL COLLEGES, UNIVERSITIES AND SCHOOL DISTRICTS SHALL PLACE A PROMINENT
LINK ON THEIR INTERNET HOMEPAGE TO THE APPROPRIATE PAGE OF THE INTERNET
WEBSITE OF THE STATE BOARD OF ELECTIONS FOR INDIVIDUALS TO LEARN ABOUT
THE QUALIFICATIONS TO VOTE, AND TO DOWNLOAD A VOTER REGISTRATION FORM,
EXCEPT THAT FOR COLLEGES AND UNIVERSITIES IN THE CITY OF NEW YORK AND
FOR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SUCH LINK SHALL BE
TO THE APPROPRIATE PAGE OF THE INTERNET WEBSITE OF THE NEW YORK CITY
BOARD OF ELECTIONS.
THE STATE BOARD OF ELECTIONS AND, IN THE CITY OF NEW YORK, THE NEW
YORK CITY BOARD OF ELECTIONS SHALL OFFER COLLEGES, UNIVERSITIES AND
SCHOOL DISTRICTS THE OPPORTUNITY TO USE CODED VOTER REGISTRATION APPLI-
CATIONS THAT IDENTIFY EACH SUCH APPLICATION AS ORIGINATING FROM EITHER A
COLLEGE, UNIVERSITY OR PUBLIC HIGH SCHOOL. IF A COLLEGE, UNIVERSITY OR
SCHOOL DISTRICT ELECTS TO USE CODED VOTER REGISTRATION APPLICATIONS, IT
SHALL BE EXEMPT FROM ALL REPORTING REQUIREMENTS OF THIS SECTION. THE
STATE BOARD OF ELECTIONS SHALL MAKE AVAILABLE AND PROVIDE FOR THE DELIV-
ERY OF SUCH CODED APPLICATIONS TO ANY COLLEGE, UNIVERSITY OR SCHOOL
DISTRICT WITHIN THE STATE WHICH SUBMITS A REQUEST THEREFOR.
EVERY BOARD OF ELECTIONS SCANNING VOTER REGISTRATION FORMS SHALL
CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT THEM ON A MONTHLY
BASIS TO THE STATE BOARD OF ELECTIONS.
S 2. The opening paragraph of section 5-211 of the election law, as
amended by chapter 200 of the laws of 1996, is amended to read as
follows:
Each agency designated as a participating agency under the provisions
of this section, AND COLLEGE, UNIVERSITY AND SCHOOL DISTRICT, 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 department of
social services 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 disabilities are
A. 811--B 3
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 devel-
opmental disabilities, commission for the blind and visually hand-
icapped, 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 agen-
cies designated as voter registration offices are the department of
state and the division of workers' compensation. Such agencies shall be
required to offer voter registration forms to 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, COLLEGE, UNIVERSITY OR SCHOOL DISTRICT, if it determines that it
is not feasible for such office or program to administer such require-
ment.
S 3. The opening paragraph of subdivision 8 of section 5-211 of the
election law, as amended by chapter 659 of the laws of 1994, is amended
to read as follows:
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 agency,
department, division or office and with each recertification, renewal or
change of address form relating to such service or assistance, a regis-
tration form together with instructions relating to eligibility to
register and for completing the form, except that COLLEGES, UNIVERSITIES
AND SCHOOL DISTRICTS SHALL DISTRIBUTE VOTER REGISTRATION FORMS IN
ACCORDANCE WITH SUBDIVISION EIGHTEEN OF THIS SECTION, AND forms used by
the department of [social services] FAMILY 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 registration application in a fashion that permits the voter
registration portion of the agency form to be detached therefrom. Such
voter registration application shall be designed so as to ensure the
confidentiality 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. 811--B 4
S 4. Paragraph (g) of subdivision 5 of section 5-210 of the election
law, as amended by chapter 179 of the laws of 2005, is amended 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
SEVENTEEN 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.
S 5. This act shall take effect July 1, 2010; provided, however, that
the provisions of this act shall only apply to school districts on and
after July 1, 2011.