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

                                  4799

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced by M. of A. BING, KELLNER, LANCMAN, LENTOL, PAULIN, DelMONTE,
  GABRYSZAK, SPANO, REILLY, KOON, LUPARDO -- Multi-Sponsored by -- M. of
  A. CAHILL, GOTTFRIED, PERRY -- read once and referred to the Committee
  on Election Law

AN  ACT to amend the election law, in relation to authorizing electronic
  voter registration

  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 5-209
to read as follows:
  S 5-209. ELECTRONIC VOTER REGISTRATION. 1. IN ADDITION  TO  ANY  OTHER
METHODS  OF  VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALI-
FIED PERSON MAY APPLY FOR REGISTRATION  AND  ENROLLMENT  BY  APPLICATION
MADE ELECTRONICALLY THROUGH THE STATE BOARD OF ELECTIONS WEBSITE.
  2.  THE STATE BOARD OF ELECTIONS SHALL DESIGN A WEBPAGE THAT SERVES AS
AN ELECTRONIC APPLICATION FOR REGISTRATION AND  ENROLLMENT  FORM,  OR  A
REGISTRATION FORM NECESSITATED BY A CHANGE OF RESIDENCE.
  3. THE VOTER REGISTRATION WEBPAGE:
  (A)  SHALL REQUIRE ONLY SUCH INFORMATION AS WILL ENABLE ELECTION OFFI-
CIALS TO ASSESS THE APPLICANT'S ELIGIBILITY TO REGISTER TO VOTE, PREVENT
DUPLICATE REGISTRATION AND TO ADMINISTER VOTER  REGISTRATION  AND  OTHER
PARTS OF THE ELECTION PROCESS.
  (B)  SHALL  INCLUDE  A  STATEMENT  OF THE ELIGIBILITY REQUIREMENTS FOR
VOTER REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST BY  HIS  OR
HER  SIGNATURE  THAT HE OR SHE MEETS THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY.
  (C) SHALL INFORM THE APPLICANT, IN PRINT IDENTICAL TO THAT USED IN THE
ATTESTATION SECTION OF THE FOLLOWING:
  (I) VOTER ELIGIBILITY REQUIREMENTS; AND
  (II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01178-01-9

              

A. 4799                             2

  (D) SHALL REQUIRE THE APPLICANT TO SUBMIT AT LEAST ONE OF THE  FOLLOW-
ING WITH HIS OR HER APPLICATION:
  (I) HIS OR HER SOCIAL SECURITY NUMBER; OR
  (II)  HIS  OR  HER  VALID  NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
CLIENT IDENTIFICATION NUMBER.
  4. INCLUDED ON THE WEBPAGE SHALL BE:
  (A) THE STATEMENT, "IF YOU BELIEVE THAT SOMEONE  HAS  INTERFERED  WITH
YOUR  RIGHT  TO  REGISTER  OR DECLINE TO REGISTER TO VOTE, YOUR RIGHT TO
PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING  TO  REGISTER  TO
VOTE,  OR  YOUR  RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLI-
TICAL PREFERENCE, YOU MAY FILE A  COMPLAINT  WITH  THE  STATE  BOARD  OF
ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER)."
  (B)  A  TOLL  FREE  NUMBER AT THE STATE BOARD OF ELECTIONS THAT CAN BE
CALLED FOR ANSWERS TO REGISTRATION QUESTIONS.
  5. WHENEVER AN APPLICANT SUPPLIES THE BOARD WITH HIS OR HER VALID  NEW
YORK  STATE  DEPARTMENT  OF MOTOR VEHICLES CLIENT IDENTIFICATION NUMBER,
SUCH APPLICANT'S IDENTIFICATION SHALL  BE  DEEMED  VERIFIED.  THE  BOARD
SHALL  IMPORT  THE  APPLICANT'S  SIGNATURE  FROM THE DEPARTMENT OF MOTOR
VEHICLES TO BE USED FOR VERIFICATION PURPOSES AT THE TIME OF  CASTING  A
BALLOT.
  6.  ELECTRONIC  REGISTRATIONS  MADE  NOT  LATER THAN THE TWENTIETH DAY
BEFORE AN ELECTION SHALL ENTITLE THE APPLICANT TO VOTE IN SUCH  ELECTION
PROVIDED THE BOARD DETERMINES THAT THE APPLICANT IS OTHERWISE QUALIFIED.
  7.  ELECTRONIC  APPLICATION FORMS SHALL   BE PROCESSED BY THE BOARD OF
ELECTIONS IN THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF
THE APPLICANT IS ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH
COUNTY OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF THIS TITLE.
THE BOARD SHALL SEND THE APPROPRIATE NOTICE OF APPROVAL OR REJECTION  AS
REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION
FIVE OF SUCH SECTION 5-208.
  8.  THE  STATE  BOARD SHALL ADOPT SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY TO CARRY OUT THE REQUIREMENTS OF  THIS  SECTION.    THE  BOARD
SHALL  ALSO  ADOPT  SUCH  RULES  AND  REGULATIONS AS MAY BE NECESSARY TO
REQUIRE COUNTY BOARDS TO PROVIDE THE STATE BOARD WITH  SUCH  INFORMATION
AND  DATA  AS  THE  BOARD DEEMS NECESSARY TO ASSESS COMPLIANCE WITH THIS
SECTION AND TO COMPILE SUCH STATISTICS AS MAY BE REQUIRED BY THE FEDERAL
ELECTIONS COMMISSION.
  9. THE STATE BOARD SHALL DEVELOP AND DISTRIBUTE PUBLIC INFORMATION AND
PROMOTIONAL MATERIALS RELATING TO THE  PURPOSES  AND  IMPLEMENTATION  OF
THIS PROGRAM.
  10.  THE  DEPARTMENT  OF MOTOR VEHICLES SHALL COOPERATE WITH THE STATE
BOARD OF ELECTIONS IN IMPLEMENTING THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the amendment,  addi-
tion,  and/or  repeal of any rule or regulation necessary for the timely
implementation of this act on its effective date is hereby authorized to
be made on or before such effective date.