Assembly Bill A3570

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

                                  3570

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
  CLARK,  V. LOPEZ,  MENG, PERALTA, J. RIVERA, P. RIVERA, WRIGHT -- read
  once and referred to the Committee on Election Law

AN ACT to amend the election law, in relation to granting certain  resi-
  dent aliens the right to vote in local elections

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

  Section 1. The election law is amended by adding a new  section  5-108
to read as follows:
  S  5-108. QUALIFICATION OF SPECIAL LOCAL VOTERS. 1.  ANY PERSON WHO IS
A RESIDENT ALIEN, WHO HAS EARNED PERMANENT LEGAL STATUS  IN  THE  UNITED
STATES  FOR  AT  LEAST  THREE YEARS, AND WHO HAS BEEN A RESIDENT OF THIS
STATE FOR AT LEAST THREE YEARS MAY REGISTER AS A SPECIAL LOCAL VOTER AND
SHALL BE ENTITLED TO VOTE IN LOCAL ELECTIONS, PROVIDED, HOWEVER, THAT NO
PERSON WHO THOUGH ELIGIBLE, HAS NOT FILED AN APPLICATION FOR CITIZENSHIP
IN THE UNITED STATES SHALL BE DEEMED ELIGIBLE UNDER  THIS  SECTION.  FOR
PURPOSES  OF THIS SECTION, THE TERM "LOCAL ELECTION" SHALL MEAN A GENER-
AL, SPECIAL OR PRIMARY ELECTION FOR AN OFFICIAL OTHER THAN PRESIDENT AND
VICE PRESIDENT OF THE UNITED STATES,  UNITED  STATES  SENATE,  HOUSE  OF
REPRESENTATIVES, GOVERNOR AND LIEUTENANT GOVERNOR, COMPTROLLER OR ATTOR-
NEY GENERAL.
  2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  ONLY APPLY TO ELECTIONS
CONDUCTED (A) WITHIN THE CITY OF NEW YORK;  AND  (B)  WITHIN  ANY  OTHER
POLITICAL  SUBDIVISION  OF  THIS  STATE  WHERE A LOCAL LAW, ORDINANCE OR
RESOLUTION, PERMITTING ELECTIONS TO BE CONDUCTED THEREIN PURSUANT TO THE
PROVISIONS OF THIS SECTION HAS BEEN DULY ENACTED OR ADOPTED.
  3. A PERSON WHO, PURSUANT TO THE PROVISIONS OF THIS SECTION, IS QUALI-
FIED  MAY REGISTER WITH THE BOARD OF ELECTIONS OF HIS  COUNTY  OF  RESI-
DENCE AND VOTE IN A LOCAL ELECTION.
  4.   THE FORM FOR REGISTRATION APPLICATION, POLL LEDGERS, AND COMPUTER
GENERATED REGISTRATION LISTS TO IDENTIFY SPECIAL LOCAL VOTERS  SHALL  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01823-01-9
              

A. 3570                             2

OF  A DISTINCTIVE COLOR AND IN THE FORM PRESCRIBED BY THE STATE BOARD OF
ELECTIONS.  A FORM OF APPLICATION FOR REGISTRATION  UNDER  THIS  SECTION
SHALL  BE FURNISHED BY THE BOARD OF ELECTIONS TO THE APPLICANT WHO SHALL
REQUEST  SUCH FORM WITHIN THE TIME PRESCRIBED FOR REGISTRATION AS OTHER-
WISE PROVIDED FOR IN THIS CHAPTER.
  5.  UPON RECEIPT OF THE APPLICATION,  THE  BOARD  OF  ELECTIONS  SHALL
DETERMINE UPON SUCH INQUIRY AS IT DEEMS PROPER WHETHER THE APPLICANT HAS
ANSWERED  ALL THE QUESTIONS CONTAINED IN THE APPLICATION AND WHETHER THE
APPLICANT IS LEGALLY QUALIFIED TO REGISTER AND VOTE AS A  SPECIAL  LOCAL
VOTER,  AND, IF IT FINDS HE OR SHE IS NOT SO QUALIFIED, SHALL REJECT THE
APPLICATION AND SHALL NOTIFY THE APPLICANT OF SUCH  REJECTION  AND  GIVE
THE  REASON  OR  REASONS  THEREFOR.  ALL  INVESTIGATIONS BY THE BOARD OF
ELECTIONS SHALL BE CONCLUDED AND ALL DETERMINATIONS MADE NOT LATER  THAN
THE  SIXTH  DAY BEFORE ELECTION.  IF THE BOARD OF ELECTIONS SHALL DETER-
MINE THAT THE APPLICANT MAKING THE  APPLICATION  PROVIDED  FOR  IN  THIS
SECTION  IS  QUALIFIED TO REGISTER AND VOTE AS A SPECIAL LOCAL VOTER, IT
SHALL, AS SOON AS PRACTICABLE AFTER IT SHALL HAVE SO DETERMINED, MAIL TO
HIM AT THE RESIDENCE ADDRESS SHOWN IN HIS OR HER APPLICATION,  A  NOTICE
THAT HE OR SHE IS SO QUALIFIED.
  6.    THE  BOARD OF ELECTIONS SHALL KEEP A REGISTER OF THE PERSONS WHO
HAVE MADE AND SIGNED APPLICATIONS TO REGISTER  AND  VOTE  AS  A  SPECIAL
LOCAL  VOTER AND OF THE APPLICANTS WHO HAVE BEEN DETERMINED TO BE QUALI-
FIED.  THE BOARD SHALL KEEP OPEN TO PUBLIC INSPECTION SUCH  REGISTER  OF
APPLICANTS  WITH  THEIR NAMES, ADDRESSES AND APPLICATION DATES AND SHALL
GIVE TO THE CHAIR OF EACH POLITICAL PARTY IN THE COUNTY A COMPLETE  LIST
OF  APPLICANTS  TO  REGISTER  AS A SPECIAL LOCAL VOTER, CONTAINING THEIR
NAMES AND PLACES OF RESIDENCE, INCLUDING THE ELECTION DISTRICT AND WARD,
IF ANY, AND, IN THE CITY OF NEW YORK  AND  THE  COUNTY  OF  NASSAU,  THE
ASSEMBLY DISTRICT.
  7.  VOTING  MACHINES SHALL BE SO EQUIPPED TO ACCOMMODATE THOSE PERSONS
AUTHORIZED TO VOTE PURSUANT TO THE PROVISIONS OF THIS SECTION  AND  SUCH
MACHINES SHALL BE ADJUSTED TO ACCEPT THE VOTES OF A SPECIAL LOCAL VOTER.
  8.   THE GENERAL PROVISIONS OF THIS CHAPTER APPLICABLE TO REGISTRATION
AND VOTING SHALL  APPLY  EXCEPT  AS  THEY  ARE  INCONSISTENT  WITH  THIS
SECTION, AND THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED LIBERALLY
FOR THE PURPOSES HEREIN EXPRESSED OR INTENDED.
  S 2. This act shall take effect immediately.