NY State Senate Bill 2009-S3995

Senate Bill S3995

2009-2010 Legislative Session

Provides additional opportunity for new registrant by mail to indicate choice of party enrollment where original choice omitted

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	amended on third reading 3995a
May 27, 2010	advanced to third reading
May 26, 2010	2nd report cal.
May 25, 2010	1st report cal.640
Jan 06, 2010	referred to elections
Jul 16, 2009	committed to rules
May 04, 2009	advanced to third reading
Apr 29, 2009	2nd report cal.
Apr 28, 2009	1st report cal.230
Apr 07, 2009	referred to elections

Votes

- May 25, 2010 - Elections Committee Vote
  S3995
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 25, 2010
      
      aye (5)
      
      Addabbo Jr.
      
      Dilan
      
      Griffo
      
      Libous
      
      Serrano
      
      aye wr (1)
      
      Foley
      
      excused (1)
      
      Morahan

Bill Amendments

Original

A (Active)

2009-S3995 - Details

See Assembly Version of this Bill:: A8349
Law Section:: Election Law
Laws Affected:: Amd §§5-210 & 5-302, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1558, A5901
2013-2014: S2543, A2040
2015-2016: A5714

2009-S3995 - Summary

Provides additional opportunity for new registrant by mail to indicate choice of party enrollment where original choice was omitted or void, by requiring board of elections to notify registrant of ineffective enrollment and ineligibility to vote in a party primary and providing a place for the registrant to enroll or decline to enroll in a party by mail.

2009-S3995 - Sponsor Memo

                                 BILL NUMBER:  S3995

 TITLE OF BILL :
An act to amend the election law, in relation to failure of new
registrants to enroll


The bill is designed to remind new registrants who did not enroll in a
party that they will not be able to vote in primary elections and to
afford them a second opportunity to enroll and participate in that
part of the democratic process.

Section 1: Amends election law section 5-210(9) to add a requirement
that the notice sent by the board of elections to a new registrant
regarding approval or other disposition of his application shall also
inform the registrant that the failure to enroll in a party will
prevent him or her from being able to vote in primary elections. Such
notice is required to be accompanied by a postage paid card addressed
to the board of elections on which the registrant can mark a party
enrollment or decline to be affiliated with one.

Section 2: Amends election law section 5-302(3) to provide that if a
registrant failed to enroll in a party, but does so on the card
provided with the notice from the board of elections within thirty
after it was sent and at least twenty-five days before a primary
election, then it will not be deemed a change of enrollment and will

be effective when received by the board, thereby enabling the
registrant to vote in the primary.

Section 3: Provides for the Act to take effect sixty days after it
becomes a law.

Currently, voters who fail to enroll in a party when they register
cannot participate in primary elections unless they change their
enrollment, which must be done several months or even more than a year
before a primary.

This bill gives new voters, who may not have been aware of the impact
of their failure to enroll in a party, a second chance to fully
participate in a fundamental part of our democratic process.  It is
particularly important because in many areas of the state the winner
of the primary is assured of election.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
Unknown, or minimal.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect sixty days after it becomes a law.

2009-S3995 - Bill Text download pdf

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

                                  3995

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- 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 failure of  new  regis-
  trants to enroll

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of section 5-210  of  the  election  law,  as
amended  by  chapter  179  of  the  laws  of 2005, is amended to read as
follows:
  9. The county board of elections shall, promptly and in any event, not
later than twenty-one days after receipt by it of the application, veri-
fy the identity of the applicant. In order to do so, the county board of
elections shall utilize the information provided in the application  and
shall  attempt  to verify such information with the information provided
by the department of motor vehicles, social security administration  and
any  other  lawful  available information source. If the county board of
elections is unable to verify the identity of the applicant within twen-
ty-one days of the receipt of the application, it shall immediately take
steps to confirm that the information  provided  by  the  applicant  was
accurately  utilized  by  such county board of elections, was accurately
verified with other information sources and that no data entry error, or
other similar type of  error,  occurred.  Following  completion  of  the
preceding  steps,  the county board of elections shall mail (a) a notice
of its approval, (b) a notice of its approval which  includes  an  indi-
cation  that  such board has not yet been able to verify the identity of
the applicant and a request for more information so that such  verifica-
tion  may be completed, or (c) a notice of its rejection of the applica-
tion to the  applicant  in  a  form  approved  by  the  state  board  of
elections.  Notices  of  approval, notices of approval with requests for
more information or notices of rejection shall be sent by nonforwardable
first class [or] return postage guaranteed mail  on  which  is  endorsed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11040-01-9

S. 3995                             2

"ADDRESS  CORRECTION  REQUESTED"  and  which contains a request that any
such mail received for persons not residing at the  address  be  dropped
back  in  the  mail.  The  voter's  registration and enrollment shall be
complete upon receipt of the application by the appropriate county board
of  elections.  The  failure of a county board of elections to verify an
applicant's identity shall not be the  basis  for  the  rejection  of  a
voter's  application,  provided, however, that such verification failure
shall be the basis for requiring county board of elections to  take  the
additional verification steps provided by this chapter. The notice shall
also advise the registrant of the date when his registration and enroll-
ment is effective, of the date and the hours of the next regularly sche-
duled  primary or general election in which he will be eligible to vote,
of the location of the polling place of the election district  in  which
he is or will be a qualified voter, whether such polling place is acces-
sible  to  physically  handicapped voters, an indication that physically
handicapped voters or voters who are ill or voters who will  be  out  of
the  city  or  county on the day of the primary or general election, may
obtain an absentee ballot and the phone  number  to  call  for  absentee
ballot  applications,  the phone numbers to call for location of polling
places, to obtain registration forms and the phone  number  to  call  to
indicate  that  the  voter  is  willing  to  serve on election day as an
inspector, poll clerk or interpreter. The notice of approval, notice  of
approval  with request for more information or notice of rejection shall
also advise the applicant to notify the board of elections if  there  is
any  inaccuracy.    SUCH  NOTICE  SHALL INCLUDE A STATEMENT OF THE PARTY
ENROLLMENT OF THE REGISTRANT, OR, IF NO PARTY WAS SELECTED BY THE REGIS-
TRANT, A STATEMENT THAT THE REGISTRANT DID NOT ENROLL IN A PARTY AND  IS
NOT  ELIGIBLE  TO  VOTE  IN  A  PARTY PRIMARY ELECTION. THE NOTICE SHALL
INCLUDE A POSTAGE PAID CARD ADDRESSED TO THE COUNTY BOARD  OF  ELECTIONS
THAT  CONTAINS  A PLACE WHERE THE REGISTRANT CAN MARK A PARTY ENROLLMENT
OR DECLINE TO BE AFFILIATED WITH ANY PARTY, AND A PLACE FOR  THE  SIGNA-
TURE OF THE REGISTRANT PRECEDED BY AN AFFIRMATION IN THE FORM PRESCRIBED
BY  SUBDIVISION FIVE OF THIS SECTION. The form of such mail notification
shall be prescribed by the state board of elections  and  shall  contain
such  other information and instructions as it may reasonably require to
carry out the purposes of this section. The request for more information
shall inform the voter  that  "THE  FAILURE  TO  CONTACT  THE  BOARD  OF
ELECTIONS  AND  CORRECT  ANY  INACCURACIES IN THE APPLICATION OR PROVIDE
REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such
notice  is  returned  undelivered without a new address, the board shall
forthwith send such applicant a  confirmation  notice  pursuant  to  the
provisions  of section 5-712 of this article and place such applicant in
inactive status. The state board  of  elections  shall  prepare  uniform
notices  by this section as provided for in subdivision eight of section
3-102 of this chapter.
  S 2. Subdivision 3 of section 5-302 of the election law, as amended by
chapter 659 of the laws of 1994, is amended to read as follows:
  3. If marks are found in more than one of the boxes or circles  or  if
no  marks  are  found  in any of the boxes or circles of any application
form, the voter who used the application form shall be deemed not to  be
enrolled,  and  the  words  blank  or void shall be entered in the space
reserved on his registration poll record for the  name  of  a  political
party  or in the computer files from which the computer generated regis-
tration lists are prepared. However if such application form sets  forth
the  address  of  prior registration and such prior registration had not

S. 3995                             3

been previously cancelled, the party enrollment, if any, which  is  part
of such prior registration shall be entered in such space on such regis-
tration  poll  record  or  in such computer files.  IF A NEW APPLICATION
FORM  DOES NOT CONTAIN A MARK FOR A PARTY ENROLLMENT, BUT, NO LATER THAN
THIRTY DAYS AFTER THE REGISTRANT WAS SENT NOTICE OF THE  LACK  OF  PARTY
ENROLLMENT  AS  REQUIRED  BY  SUBDIVISION  NINE OF SECTION 5-210 OF THIS
TITLE AND AT LEAST TWENTY-FIVE  DAYS  BEFORE  A  PRIMARY  ELECTION,  THE
REGISTRANT MAKES A PARTY ENROLLMENT CHOICE ON THE CARD PROVIDED WITH THE
NOTICE,  SIGNS  THE  AFFIRMATION  CONTAINED  THEREIN AND MAILS IT TO THE
BOARD OF ELECTIONS, THEN THE REGISTRANT'S PARTY ENROLLMENT SHALL NOT  BE
DEEMED  TO  BE A CHANGE OF ENROLLMENT AND SHALL BE EFFECTIVE ON THE DATE
IT IS RECEIVED BY THE COUNTY BOARD  OF  ELECTIONS.  A  PARTY  ENROLLMENT
MAILED  MORE THAN THIRTY DAYS AFTER MAILING OF THE NOTICE OF THE LACK OF
ENROLLMENT SHALL BE DEEMED TO BE A CHANGE OF ENROLLMENT.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

2009-S3995A (ACTIVE) - Details

See Assembly Version of this Bill:: A8349
Law Section:: Election Law
Laws Affected:: Amd §§5-210 & 5-302, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1558, A5901
2013-2014: S2543, A2040
2015-2016: A5714

2009-S3995A (ACTIVE) - Summary

2009-S3995A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3995A

TITLE OF BILL:
An act
to amend the election law, in relation to failure of new registrants to
enroll

The bill is designed to remind new registrants who did not enroll in a
party that they will not be able to vote in primary elections and to
afford them a second opportunity to enroll and participate in that
part of the democratic process.

Section 1: Amends election law section 5-210(9) to add a requirement
that the notice sent by the board of elections to a new registrant
regarding approval or other disposition of his application shall also
inform the registrant that the failure to enroll in a party will
prevent him or her from being able to vote in primary elections. Such
notice is required to be accompanied by a postage paid card addressed
to the board of elections on which the registrant can mark a party
enrollment or decline to be affiliated with one.

Section 2: Amends election law section 5-302(3) to provide that if a
registrant failed to enroll in a party, but does so on the card
provided with the notice from the board of elections within thirty
after it was sent and at least twenty-five days before a primary
election, then it will not be deemed a change of enrollment and will

be effective when received by the board, thereby enabling the
registrant to vote in the primary.

Section 3: Provides for the Act to take effect sixty days after it
becomes a law.

Currently, voters who fail to enroll in a party when they register
cannot participate in primary elections unless they change their
enrollment, which must be done several months or even more than a
year before a primary.

This bill gives new voters, who may not have been aware of the impact
of their failure to enroll in a party, a second chance to fully
participate in a fundamental part of our democratic process.
It is particularly important because in many areas of the state the
winner of the primary is assured of election.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Unknown, or minimal.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect sixty days after it becomes a law.

2009-S3995A (ACTIVE) - Bill Text download pdf

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

                                 3995--A
    Cal. No. 640

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections  --  recommitted
  to the Committee on Elections in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the election law, in relation to failure of  new  regis-
  trants to enroll

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of section 5-210  of  the  election  law,  as
amended  by  chapter  179  of  the  laws  of 2005, is amended to read as
follows:
  9. The county board of elections shall, promptly and in any event, not
later than twenty-one days after receipt by it of the application, veri-
fy the identity of the applicant. In order to do so, the county board of
elections shall utilize the information provided in the application  and
shall  attempt  to verify such information with the information provided
by the department of motor vehicles, social security administration  and
any  other  lawful  available information source. If the county board of
elections is unable to verify the identity of the applicant within twen-
ty-one days of the receipt of the application, it shall immediately take
steps to confirm that the information  provided  by  the  applicant  was
accurately  utilized  by  such county board of elections, was accurately
verified with other information sources and that no data entry error, or
other similar type of  error,  occurred.  Following  completion  of  the
preceding  steps,  the county board of elections shall mail (a) a notice
of its approval, (b) a notice of its approval which  includes  an  indi-
cation  that  such board has not yet been able to verify the identity of
the applicant and a request for more information so that such  verifica-
tion  may be completed, or (c) a notice of its rejection of the applica-

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

                                                           LBD11040-02-0

S. 3995--A                          2

tion to the  applicant  in  a  form  approved  by  the  state  board  of
elections.  Notices  of  approval, notices of approval with requests for
more information or notices of rejection shall be sent by nonforwardable
first  class  [or]  return  postage guaranteed mail on which is endorsed
"ADDRESS CORRECTION REQUESTED" and which contains  a  request  that  any
such  mail  received  for persons not residing at the address be dropped
back in the mail. The  voter's  registration  and  enrollment  shall  be
complete upon receipt of the application by the appropriate county board
of  elections.  The  failure of a county board of elections to verify an
applicant's identity shall not be the  basis  for  the  rejection  of  a
voter's  application,  provided, however, that such verification failure
shall be the basis for requiring county board of elections to  take  the
additional verification steps provided by this chapter. The notice shall
also advise the registrant of the date when his registration and enroll-
ment is effective, of the date and the hours of the next regularly sche-
duled  primary or general election in which he will be eligible to vote,
of the location of the polling place of the election district  in  which
he is or will be a qualified voter, whether such polling place is acces-
sible  to  physically  handicapped voters, an indication that physically
handicapped voters or voters who are ill or voters who will  be  out  of
the  city  or  county on the day of the primary or general election, may
obtain an absentee ballot and the phone  number  to  call  for  absentee
ballot  applications,  the phone numbers to call for location of polling
places, to obtain registration forms and the phone  number  to  call  to
indicate  that  the  voter  is  willing  to  serve on election day as an
inspector, poll clerk or interpreter. The notice of approval, notice  of
approval  with request for more information or notice of rejection shall
also advise the applicant to notify the board of elections if  there  is
any  inaccuracy.    SUCH  NOTICE  SHALL INCLUDE A STATEMENT OF THE PARTY
ENROLLMENT OF THE REGISTRANT, OR, IF NO PARTY WAS SELECTED BY THE REGIS-
TRANT, A STATEMENT THAT THE REGISTRANT DID NOT ENROLL IN A PARTY AND  IS
NOT  ELIGIBLE  TO VOTE IN A PARTY PRIMARY ELECTION, AND, INSTRUCTIONS ON
HOW TO ENROLL IN A PARTY. The form of such mail  notification  shall  be
prescribed  by the state board of elections and shall contain such other
information and instructions as it may reasonably require to  carry  out
the  purposes  of  this  section. The request for more information shall
inform the voter that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND
CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE  REQUESTED  ADDI-
TIONAL  INFORMATION  MAY  RESULT  IN A REQUEST FOR IDENTIFICATION AT THE
POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such  notice  is
returned  undelivered  without  a new address, the board shall forthwith
send such applicant a confirmation notice pursuant to the provisions  of
section  5-712  of  this  article  and  place such applicant in inactive
status. The state board of elections shall prepare  uniform  notices  by
this  section  as  provided for in subdivision eight of section 3-102 of
this chapter.
  S 2. Subdivision 3 of section 5-302 of the election law, as amended by
chapter 659 of the laws of 1994, is amended to read as follows:
  3. If marks are found in more than one of the boxes or circles  or  if
no  marks  are  found  in any of the boxes or circles of any application
form, the voter who used the application form shall be deemed not to  be
enrolled,  and  the  words  blank  or void shall be entered in the space
reserved on his registration poll record for the  name  of  a  political
party  or in the computer files from which the computer generated regis-
tration lists are prepared. However if such application form sets  forth
the  address  of  prior registration and such prior registration had not

S. 3995--A                          3

been previously cancelled, the party enrollment, if any, which  is  part
of such prior registration shall be entered in such space on such regis-
tration  poll  record  or  in such computer files.  IF A NEW APPLICATION
FORM  DOES NOT CONTAIN A MARK FOR A PARTY ENROLLMENT, BUT, NO LATER THAN
THIRTY DAYS AFTER THE REGISTRANT WAS SENT NOTICE OF THE  LACK  OF  PARTY
ENROLLMENT  AS  REQUIRED  BY  SUBDIVISION  NINE OF SECTION 5-210 OF THIS
TITLE AND AT LEAST TWENTY-FIVE  DAYS  BEFORE  A  PRIMARY  ELECTION,  THE
REGISTRANT MAKES A PARTY ENROLLMENT CHOICE ON THE CARD PROVIDED WITH THE
NOTICE,  SIGNS  THE  AFFIRMATION  CONTAINED  THEREIN AND MAILS IT TO THE
BOARD OF ELECTIONS, THEN THE REGISTRANT'S PARTY ENROLLMENT SHALL NOT  BE
DEEMED  TO  BE A CHANGE OF ENROLLMENT AND SHALL BE EFFECTIVE ON THE DATE
IT IS RECEIVED BY THE COUNTY BOARD  OF  ELECTIONS.  A  PARTY  ENROLLMENT
MAILED  MORE THAN THIRTY DAYS AFTER MAILING OF THE NOTICE OF THE LACK OF
ENROLLMENT SHALL BE DEEMED TO BE A CHANGE OF ENROLLMENT.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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