NY State Senate Bill S1872C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2010	print number 1872c
Apr 27, 2010	amend and recommit to elections
Jan 06, 2010	referred to elections
Aug 28, 2009	print number 1872b
Aug 28, 2009	amend and recommit to elections
May 06, 2009	print number 1872a
May 06, 2009	amend (t) and recommit to elections
Feb 09, 2009	referred to elections

S1872 - Details

See Assembly Version of this Bill:: A811
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-211 & 5-210, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S542, A1228
2013-2014: S2852

S1872 - Summary

Provides for the provision of voter registration forms to students by colleges, universities and public high schools.

S1872 - Sponsor Memo

 BILL NUMBER:  S1872

 TITLE OF BILL :

An act to amend the election law, in relation to voter registration
and enrollment; and providing for the repeal of certain provisions
upon expiration thereof


 PURPOSE :

Improves voter registration among young people.

 SUMMARY OF PROVISIONS :

Section 1 amends § 5-210 of the election law to require the state
board of elections to implement online voter registration for
individuals who already possess a New York state driver's license or
non-driver identification card.
Section 2 amends § 5-120 of the election law to require that printed
mail voter registration forms have prepaid postage within the United
States.
Section 3 amends § 5-210 of the election law to allow 17-year-olds to
register with the state board of elections so they will be eligible to
vote as soon as they turn 18.
Section 4 amends § 5-210 of the election law to require the state

board of elections to conduct a study and issue recommendations for
improving voter registration among citizens under 25.
Section 5 amends § 5-211 of the election law to require all colleges
and university, as well as any state agencies not designated as
participating agencies to make voter registration forms available to
the public.
Section 6 amends § 5-211 of the election law to require all public and
private colleges and universities to mail students a voter
registration form at the start of each school year and in January of a
presidential election year.
Section 7 provides an immediate effective date and a 3-year sunset
provision for section 4.

 JUSTIFICATION :

My office recently released the results of an extensive study of
colleges in New York State that reveals both public and private
institutions to be remiss of Federal Law which requires them to make
voter registration forms readily accessible to enrolled students.

The report, Youth At the Polls: A Survey of Voter Registration at NYS
Colleges, surveyed over 60 schools across the state. Under a 1998
Amendment of the Higher Education Act all colleges in good faith are
required to provide voter registration forms to students physically on
campus before the state's deadline for federal and gubernatorial
elections New York State election law also requires every public
college and university (SUNY & CUNY) to provide voter registration
forms to every student at the start of each academic year and in
January of presidential election years.

Despite the state and federal mandate, a quarter of public schools
surveyed were not equipped to register students to vote, and 90%
failed to send students voter registration materials in the mail. Of
private schools, only 50% made voter registration materials available
on campus, and 0% offered information via post.

This bill would clarify the means by which colleges and universities
must satisfy their existing obligation to make voter registration
materials available to their students. It would also require all state

agencies to make voter registration forms available to members of the
public who visit their offices.

The Board of Elections would also be required to conduct a feasibility
study and consult with state agencies to compile the broadest possible
list of 18 year olds and their addresses, with the goal of sending
every New Yorker a voter registration form when they turn 18.  It
would also expand the registration enrollment period to 17-year-olds,
who under the current law, cannot register unless they will turn 18 by
Election Day Expanding the law will allow us to enroll more voters
while they are still students in the public education system, thus
eradicating one more hurdle to electoral participation.

 LEGISLATIVE HISTORY :

2008 - S.6169A - Referred to Elections

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that section 4 shall
expire and be deemed repealed 3 years after such date.

S1872 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1872

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by Sens. KLEIN, DILAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to voter registration  and
  enrollment;  and  providing  for the repeal of certain provisions upon
  expiration thereof

  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 16 to read as follows:
  16. THE STATE BOARD OF ELECTIONS IS REQUIRED TO DEVELOP AND  IMPLEMENT
ON-LINE  VOTER REGISTRATION FOR INDIVIDUALS WHO POSSESS A NEW YORK STATE
DRIVER'S LICENSE OR NEW  YORK  STATE  ISSUED  NON-DRIVER  IDENTIFICATION
CARD.  THE  REGISTRATION SHALL INCLUDE ALL OTHER INFORMATION REQUIRED BY
THIS SECTION FOR WRITTEN REGISTRATION AND IN ADDITION ON-LINE APPLICANTS
SHALL BE REQUIRED TO PROVIDE A NEW YORK STATE DRIVER'S  LICENSE  OR  NEW
YORK  STATE  NON-DRIVER  IDENTIFICATION CARD.   THE REGISTRATION ON-LINE
FORM SHALL BE FORWARDED BY THE STATE BOARD OF ELECTIONS TO THE APPROPRI-
ATE COUNTY BOARD OF ELECTIONS FOR PROCESSING IN THE USUAL MANNER.
  S 2. Subdivision 5 of section 5-210 of the election law is amended  by
adding a new paragraph (m) to read as follows:
  (M)  ALL  PRINTED  MAIL  VOTER REGISTRATION APPLICATION FORMS PREPARED
PURSUANT TO THIS SECTION SHALL BE POSTAGE PREPAID SO THAT NO POSTAGE  IS
NECESSARY IF MAILED IN THE UNITED STATES.
  S  3.  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 and a resi-
dent of the county or city to which application is made. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, ANY PERSON AT LEAST SEVENTEEN YEARS  OF  AGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03071-01-9

S. 1872                             2

MAY  MAKE  AN APPLICATION FOR REGISTRATION UNDER THIS SECTION REGARDLESS
OF WHETHER HE OR SHE BECOMES EIGHTEEN YEARS OF AGE BY ELECTION DAY.
  S  4.  Section  5-210  of the election law, is amended by adding a new
subdivision 17 to read as follows:
  17. THE STATE BOARD OF ELECTIONS SHALL CONDUCT A STUDY AND  PREPARE  A
REPORT  AND ISSUE RECOMMENDATIONS FOR IMPROVING VOTER REGISTRATION AMONG
CITIZENS UNDER THE AGE OF TWENTY-FIVE YEARS. THE STUDY  SHOULD  ADDRESS,
ALTHOUGH  NOT  BE  LIMITED TO, THE FEASIBILITY OF DIRECTLY MAILING VOTER
REGISTRATION MATERIALS TO NEW YORK STATE RESIDENTS EIGHTEEN YEARS OF AGE
WHO POSSESS A RESIDENT DRIVER'S LICENSE OR A  NON-DRIVER  IDENTIFICATION
CARD,  RESIDENT  FISHING,  HUNTING,  BOATING OR GUN LICENSES, ARE IN THE
STATE FOSTER CARE SYSTEM, RECEIVE STATE WELFARE BENEFITS OR ARE ENROLLED
IN CHILD HEALTH PLUS. SUCH STUDY AND REPORT SHALL BE COMPLETED BY DECEM-
BER FIRST, TWO THOUSAND NINE. COPIES OF SUCH REPORTS SHALL  BE  PROVIDED
TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY.
  S 5. Section 5-211 of the election law is  amended  by  adding  a  new
subdivision 18 to read as follows:
  18.  ALL  COLLEGES,  UNIVERSITIES,  PUBLIC  HIGH  SCHOOLS  AND  PUBLIC
LIBRARIES LOCATED IN THIS STATE AND  ALL  STATE  AGENCIES,  DEPARTMENTS,
DIVISIONS AND OFFICES NOT SPECIFICALLY DESIGNATED AS PARTICIPATING AGEN-
CIES UNDER THIS SECTION SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO
ANY PERSONS USING OR VISITING THEIR PREMISES.
  S  6.  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 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 desig-
nated 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 disabil-
ities are 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 developmental disabilities, commission for the  blind  and  visually
handicapped,  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

S. 1872                             3

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, AND ALL PRIVATE
COLLEGES AND UNIVERSITIES LOCATED IN THE STATE shall, at  the  beginning
of  the  school year, and again in January of a year in which the presi-
dent of the United States is to be elected, [provide] MAIL  an  applica-
tion  for registration to each student in each such institution AT THEIR
LAST KNOWN ADDRESS AT 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, if it  determines
that  it  is  not feasible for such office or program to administer such
requirement.
  S 7. This act shall take effect  immediately,  provided  that  section
four  of this act shall expire and be deemed repealed 3 years after such
date.

Co-Sponsors

view additional co-sponsors

S1872A - Details

See Assembly Version of this Bill:: A811
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-211 & 5-210, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S542, A1228
2013-2014: S2852

S1872A - Summary

Provides for the provision of voter registration forms to students by colleges, universities and public high schools.

S1872A - Sponsor Memo

 BILL NUMBER:  S1872A              REVISED 8/21/09

 TITLE OF BILL :
An act to amend the election law, in relation to voter registration
and enrollment

 PURPOSE :
Improves voter registration among young people.

 SUMMARY OF PROVISIONS :
Section 1 amends § 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public high schools to
make voter registration forms available to the public and receive them
for processing in the manner prescribed for agencies serving the
disabled in this section of the law.

Section 2 amends § 5-211 of the election law to add public schools,
and public and private colleges and universities to the list of
agencies and offices subject to the provisions of this section, and
requiring they provide voter registration forms to all students at the
start of each school year and in January of a presidential election
year.

Section 3 provides an immediate effective date.

 JUSTIFICATION :

According to the results of an extensive study conducted by my office
of colleges in New York State, both public and private institutions
are remiss of Federal Law which requires them to make voter
registration forms readily accessible to enrolled students.

The report, Youth At the Polls: A Survey of Voter Registration at NYS
Colleges, surveyed over 60 schools across the state. Under a 1998
Amendment of the Higher Education Act, all colleges in good faith are
required to provide voter registration forms to students physically on
campus before the state's deadline for federal and gubernatorial
elections. New York State election law also requires every public
college and university(SUNY & CUNY) to provide voter registration
forms to every student at the start of each academic year and in
January of presidential election years.

Despite the state and federal mandate, a quarter of public schools
surveyed were not equipped to register students to vote, and 90%
failed to send students voter registration materials in the mail. Of
private schools, only 50% made voter registration materials available
on campus, and 0% offered information via a posting.

This bill would clarify the means by which colleges and universities
must satisfy their existing obligation to make voter registration
materials available to their students.

Expanding the law will allow us to enroll more voters while they are
still students in the public education system, thereby increasing the
likelihood of civic engagement and strengthening our democracy.

This bill is put forth in the memory of the late Dr. Ray Seidelman,
who taught, mentored, and engaged students in Politics at Sarah
Lawrence College for over twenty-five years. Sharing his belief in the
electoral process and grassroots democracy, he inspired his students
to actively participate in elections at all levels. Dr.  Seidelman's
definition of democracy, "Democracy is not what we have, it is what we
aspire to be. So dare to aspire to it, for in the process you become a
democratic citizen. It takes courage to live as a democratic citizen,
and that's why we fight for it; this will involve you in great risks,
but it's worth it because it will make you free." Ray believed in the
intrinsic value of political participation, for what it brings into
being within and between people joined in the struggle to create a
slightly more human life by pursuing justice, freedom, equality, and
democracy. He is known as a teacher linking theory with practice,
intellectual development with public-service learning, and political
theory with the duties and responsibilities of citizenship.

 LEGISLATIVE HISTORY :
2008 - S.6169A - Referred to Elections

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

S1872A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1872--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced by Sens. KLEIN, BRESLIN, DIAZ, DILAN, ESPADA, HUNTLEY, KRUEG-
  ER,  MONTGOMERY,  OPPENHEIMER,  SAMPSON,  STAVISKY  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Elections  -- 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  PERSONS
USING  OR  VISITING THEIR PREMISES IN THE SAME MANNER AND SUBJECT TO THE
SAME PROVISIONS AND RULES AND REGULATIONS AS ALL OTHER DESIGNATED  AGEN-
CIES.
  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 OR COLLEGE, UNIVERSITY, OR  PUBLIC  HIGH  SCHOOL,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03071-04-9

S. 1872--A                          2

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, ALL PRIVATE
COLLEGES AND UNIVERSITIES LOCATED IN THE  STATE,  AND  ALL  PUBLIC  HIGH
SCHOOLS  LOCATED  IN  THIS  STATE  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 application for registration
to each student in each such institution, COLLEGE, OR UNIVERSITY, AND TO
EACH STUDENT IN THE SENIOR CLASS AT ANY PUBLIC HIGH SCHOOL.   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,
if it determines that it is not feasible for such office or  program  to
administer such requirement.
  S 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S1872B - Details

See Assembly Version of this Bill:: A811
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-211 & 5-210, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S542, A1228
2013-2014: S2852

S1872B - Summary

Provides for the provision of voter registration forms to students by colleges, universities and public high schools.

S1872B - Sponsor Memo

 BILL NUMBER:  S1872B

 TITLE OF BILL :
An act to amend the election law, in relation to voter registration
and enrollment

 PURPOSE :
Improves voter registration among young people.

 SUMMARY OF PROVISIONS :
Section 1 amends § 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public high schools to
make voter registration forms available to the public and receive them
for processing in the manner prescribed for agencies serving the
disabled in this section of the law.

Section 2 amends § 5-211 of the election law to add public schools,
and public and private colleges and universities to the list of
agencies and offices subject to the provisions of this section, and
requiring they provide voter registration forms to all students at the
start of each school year and in January of a presidential election
year.

Section 3 provides an immediate effective date.

 JUSTIFICATION :

According to the results of an extensive study conducted by my office
of colleges in New York State, both public and private institutions
are remiss of Federal Law which requires them to make voter
registration forms readily accessible to enrolled students.

The report, Youth At the Polls: A Survey of Voter Registration at NYS
Colleges, surveyed over 60 schools across the state. Under a 1998
Amendment of the Higher Education Act, all colleges in good faith are
required to provide voter registration forms to students physically on
campus before the state's deadline for federal and gubernatorial
elections. New York State election law also requires every public
college and university(SUNY CUNY) to provide voter registration forms
to every student at the start of each academic year and in January of
presidential election years.

Despite the state and federal mandate, a quarter of public schools
surveyed were not equipped to register students to vote, and 90%
failed to send students voter registration materials in the mail. Of
private schools, only 50% made voter registration materials available
on campus, and 0% offered information via a posting.

This bill would clarify the means by which colleges and universities
must satisfy their existing obligation to make voter registration
materials available to their students.

Expanding the law will allow us to enroll more voters while they are
still students in the public education system, thereby increasing the
likelihood of civic engagement and strengthening our democracy.  This
bill is put forth in the memory of the late Dr. Ray Seidelman, who
taught, mentored, and engaged students in Politics at Sarah Lawrence
College for over twenty-five years. Sharing his belief in the
electoral process and grassroots democracy, he inspired his students
to actively participate in elections at all levels. Dr.  Seidelman's
definition of democracy, "Democracy is not what we have, it is what we
aspire to be. So dare to aspire to it, for in the process you become a
democratic citizen. It takes courage to live as a democratic citizen,
and that's why we fight for it; this will involve you in great risks,
but it's worth it because it will make you free." Ray believed in the
intrinsic value of political participation, for what it brings into
being within and between people joined in the struggle to create a
slightly more human life by pursuing justice, freedom, equality, and
democracy. He is known as a teacher linking theory with practice,
intellectual development with public-service learning, and political
theory with the duties and responsibilities of citizenship.

 LEGISLATIVE HISTORY :
2008 - S.6169A - Referred to Elections

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

S1872B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1872--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by Sens. KLEIN, BRESLIN, DIAZ, DILAN, ESPADA, HASSELL-THOMP-
  SON, HUNTLEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON,  STAVISKY  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Elections  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  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
PERSONS  USING OR VISITING THEIR PREMISES IN THE SAME MANNER AND SUBJECT
TO THE SAME PROVISIONS AND RULES AND REGULATIONS AS ALL OTHER DESIGNATED
AGENCIES.
  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  OR  COLLEGE, UNIVERSITY, OR PUBLIC HIGH SCHOOL, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03071-06-9

S. 1872--B                          2

such  assistance.  Designated  as  state  agencies that provide programs
primarily engaged in providing services to people with disabilities  are
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  PUBLIC HIGH SCHOOL, if it determines
that it is not feasible for such office or program  to  administer  such
requirement.
  S 3. This act shall take effect immediately.

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S1872C (ACTIVE) - Details

See Assembly Version of this Bill:: A811
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-211 & 5-210, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S542, A1228
2013-2014: S2852

S1872C (ACTIVE) - Summary

Provides for the provision of voter registration forms to students by colleges, universities and public high schools.

S1872C (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1872C

 TITLE OF BILL :
An act to amend the election law, in relation to voter registration
and enrollment


 PURPOSE :
Improves access to voter registration materials and information for
high school and college students.

 SUMMARY OF PROVISIONS :
Section 1 amends § 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public high schools to
make voter registration forms available to eligible students within 3
weeks of their arrival on campus, designate a location for
distribution of and assistance with such forms, and to submit any
forms collected to the local board of elections.

Section 2 amends § 5-211 of the election law to add public school
districts, colleges and universities to the list of agencies and
offices subject to the provisions of Motor Voter, with duties and
obligations set forth in subdivision 18.

Section 3 amends subdivision 8 of § 5-211 of the election law to add
public school districts, colleges and universities to the list of

agencies and offices subject to the provisions of Motor Voter, with
duties and obligations set forth in subdivision 18.

Section 4 provides that an applicant who submits a applicant to
register to vote must be at least 17 years of age at the time of
submission. (Under current law, such applicant may be 17 only if he or
she will be turning 18 within the same calendar year.) A registered
voter's eligibility to cast a ballot will continue to commence on the
voter's 18th birthday.

Section 5 provides an effective date of July 1, 2010 for college and
universities, and July 1, 2011 for public school districts.

 JUSTIFICATION :
According to the results of an extensive study conducted by my office
of colleges in New York State, both public and private institutions
are remiss of Federal Law which requires them to make voter
registration forms readily accessible to enrolled students.

The report, Youth At the Polls: A Survey of Voter Registration at NYS
Colleges, surveyed over 60 schools across the state. Under a 1998
Amendment of the Higher Education Act, all colleges in good faith are
required to provide voter registration forms to students physically on
campus before the state's deadline for federal and gubernatorial
elections. New York State election law also requires every public
college and university (SUNY CUNY) to provide voter registration forms
to every student at the start of each academic year and in January of
presidential election years.

Despite the state and federal mandate, a quarter of public schools
surveyed were not equipped to register students to vote, and 90%
failed to send students voter registration materials in the mail. Of
private schools, only 50% made voter registration materials available
on campus, and 0% offered information via a posting.

This bill would clarify the means by which colleges and universities
must satisfy their existing obligation to make voter registration
materials available to their students.


Expanding the law will allow us to enroll more voters while they are
still students in the public education system, thereby increasing the
likelihood of civic engagement and strengthening our democracy. This
bill is put forth in the memory of the late Dr. Ray Seidelman, who
taught, mentored, and engaged students in Politics at Sarah Lawrence
College for over twenty-five years. Sharing his belief in the
electoral process and grass roots democracy, he inspired his students
to actively participate in elections at all levels. Dr. Seidelman's
definition of democracy, "Democracy is not what we have, it is what we
aspire to be.  So dare to aspire to it, for in the process you become
a democratic citizen. It takes courage to live as a democratic
citizen, and that's why we fight for it; this will involve you in
great risks, but it's worth it because it will make you free." Ray
believed in the intrinsic value of political participation, for what
it brings into being within and between people joined in the struggle
to create a slightly more human life by pursuing justice, freedom,
equality, and democracy. He is known as a teacher linking theory with
practice, intellectual development with public-service learning, and
political theory with the duties and responsibilities of citizenship.

 LEGISLATIVE HISTORY :
2008 - S.6169A - Referred to Elections

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

S1872C (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1872--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by Sens. KLEIN, BRESLIN, DIAZ, DILAN, ESPADA, HASSELL-THOMP-
  SON, HUNTLEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON, SCHNEIDERMAN,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed  to the Committee on Elections -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Elections  in  accordance with Senate Rule 6, sec. 8 --
  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
SCHOOL SHALL DESIGNATE AT LEAST ONE CONVENIENTLY  LOCATED  OFFICE  WHERE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03071-08-0

S. 1872--C                          2

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
the  department  of  labor,  office for the aging, division of veterans'

S. 1872--C                          3

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:
  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:

S. 1872--C                          4

  (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.

The New York State Senate

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