The New York State Senate

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

                                  5265

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS,  J. RIVERA, HOYT, PERALTA, CUSICK,
  POWELL, KELLNER -- Multi-Sponsored by  --  M.  of  A.  BRADLEY,  DIAZ,
  GLICK,  PEOPLES,  TOWNS,  WEISENBERG  -- read once and referred to the
  Committee on Election Law

AN ACT to amend the election law, the vehicle and traffic  law  and  the
  tax  law,  in  relation  to enacting the "automatic voter registration
  act"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "automatic voter registration act".
  S 2. The election law is amended by adding a new  section  5-212-a  to
read as follows:
  S  5-212-A.  AUTOMATIC VOTER REGISTRATION. 1. IN ADDITION TO ANY OTHER
METHOD OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE,  EACH  QUALI-
FIED  PERSON  SHALL  BE REGISTERED TO VOTE PURSUANT TO THE PROVISIONS OF
THIS SECTION.
  2. ON OR BEFORE THE FIRST OF SEPTEMBER, THE DEPARTMENT OF MOTOR  VEHI-
CLES SHALL TRANSMIT TO THE STATE BOARD OF ELECTIONS THE NAME AND ADDRESS
OF  EVERY CITIZEN OF THE UNITED STATES, WHO IS A RESIDENT OF THIS STATE,
WHO HAS ATTAINED OR WILL ATTAIN THE AGE OF EIGHTEEN YEARS ON  OR  BEFORE
THE  NEXT  GENERAL  ELECTION,  AND WHO HOLDS A NON-DRIVER IDENTIFICATION
CARD, LEARNER'S PERMIT OR DRIVER'S LICENSE PURSUANT TO THE  VEHICLE  AND
TRAFFIC LAW.
  3. ON OR BEFORE THE FIRST OF SEPTEMBER, THE DEPARTMENT OF TAXATION AND
FINANCE  SHALL  TRANSMIT  TO  THE  STATE BOARD OF ELECTIONS THE NAME AND
ADDRESS OF EVERY CITIZEN OF THE UNITED STATES, WHO IS A RESIDENT OF  THE
STATE,  WHO  HAS ATTAINED OR WILL ATTAIN THE AGE OF EIGHTEEN YEARS ON OR
BEFORE THE NEXT GENERAL ELECTION,  AND  WHO  HAS  SUBMITTED  A  RESIDENT
PERSONAL  INCOME  TAX  RETURN  PURSUANT TO ARTICLE TWENTY-TWO OF THE TAX
LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05743-01-9

A. 5265                             2

  4. THE STATE BOARD OF ELECTIONS SHALL COMPILE THE INFORMATION  SUBMIT-
TED  PURSUANT  TO  SUBDIVISIONS  TWO  AND  THREE OF THIS SECTION FOR THE
PURPOSE OF COMPLYING WITH THE  PROVISIONS  OF  SUBDIVISION  THIRTEEN  OF
SECTION 3-102 OF THIS CHAPTER, AND WITHIN TEN DAYS OF THE RECEIPT OF THE
NAMES  AND  ADDRESSES  OF  PERSONS PURSUANT TO SUCH SUBDIVISIONS TWO AND
THREE, THE STATE BOARD OF ELECTIONS SHALL TRANSMIT EACH  SUCH  NAME  AND
ADDRESS  TO  THE APPROPRIATE BOARD OF ELECTIONS, BASED UPON THE ADDRESS,
AND EACH SUCH PERSON SHALL IMMEDIATELY BE REGISTERED TO VOTE.
  5. THE STATE BOARD OF ELECTIONS IS AUTHORIZED AND DIRECTED  TO  ESTAB-
LISH  ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS SECTION.
  6. NO PROVISION OF THIS SECTION SHALL BE DEEMED  TO  PROVIDE  FOR  THE
ENROLLMENT OF ANY PERSON IN A PARTY. EVERY PERSON REGISTERED PURSUANT TO
THIS  SECTION  MAY ENROLL IN A PARTY BY COMPLYING WITH THE PROVISIONS OF
TITLE THREE OF THIS ARTICLE.
  S 3. Subdivisions 2 and 3 of section 5-212-a of the election  law,  as
added by section two of this act, are amended to read as follows:
  2.  On  or  before the first of September EACH YEAR, the department of
motor vehicles shall transmit to the state board of elections  the  name
and  address of every citizen of the United States, who is a resident of
this state, who has attained or will attain the age  of  eighteen  years
AFTER  THE  DATE OF THE IMMEDIATELY PRECEDING GENERAL ELECTION AND on or
before the next general election, and who holds a non-driver identifica-
tion card, learner's permit or driver's license pursuant to the  vehicle
and traffic law.
  3.  On  or  before the first of September EACH YEAR, the department of
taxation and finance shall transmit to the state board of elections  the
name  and  address of every citizen of the United States, who is a resi-
dent of the state, who has attained or will attain the age  of  eighteen
years  AFTER  THE DATE OF THE IMMEDIATELY PRECEDING GENERAL ELECTION AND
on or before the next general election, and who has submitted a resident
personal income tax return pursuant to article  twenty-two  of  the  tax
law.
  S 4. Section 201 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:
  8.  NO  PROVISION  OF  THIS  SECTION  SHALL  BE DEEMED TO PROHIBIT THE
DEPARTMENT FROM COMPLYING WITH THE  PROVISIONS  OF  SUBDIVISION  TWO  OF
SECTION  5-212-A  OF  THE ELECTION LAW. THE INFORMATION REQUIRED BY SUCH
SUBDIVISION SHALL BE PROVIDED TO THE STATE BOARD  OF  ELECTIONS  WITHOUT
ANY FEE IMPOSED BY SECTION TWO HUNDRED TWO OF THIS ARTICLE.
  S 5. Section 170 of the tax law is amended by adding a new subdivision
9 to read as follows:
  9.  NO  PROVISION  OF  THIS  CHAPTER  SHALL  BE DEEMED TO PROHIBIT THE
DEPARTMENT FROM COMPLYING WITH THE PROVISIONS OF  SUBDIVISION  THREE  OF
SECTION  5-212-A  OF  THE ELECTION LAW. THE INFORMATION REQUIRED BY SUCH
SUBDIVISION SHALL BE PROVIDED TO THE STATE BOARD  OF  ELECTIONS  WITHOUT
ANY CHARGE OR FEE.
  S 6. The state board of elections shall conduct a study of the practi-
cality  and cost-effectiveness of providing automatic voter registration
pursuant to section 5-212-a of the election law, as added by section two
of this act and amended by section three of this act. In addition,  such
board  shall  study  the  feasibility of utilizing other state and local
records for the purpose of automatically registering persons to vote. On
or before January 1, 2011, the state board of elections shall  submit  a
report  of  its findings and recommendations pursuant to this section to

A. 5265                             3

the governor, temporary president of  the  senate  and  speaker  of  the
assembly.
  S 7. This act shall take effect immediately, except that section three
of  this act shall take effect one year after the effective date of this
act.