S T A T E O F N E W Y O R K
________________________________________________________________________
5401
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. SPANO, REILLY, FIELDS, ZEBROWSKI, MILLMAN --
Multi-Sponsored by -- M. of A. GABRYSZAK, JOHN -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to requiring a voter to
produce identification prior to casting his or her vote on the voting
machine; and to repeal section 8-303 of such law relating to initial
voter identification
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2-a of section 8-302 of the
election law, as added by chapter 179 of the laws of 2005, is amended to
read as follows:
(a) [If a voter's name appears in the computer generated registration
list with a notation indicating that the voter's identity was not yet
verified as required by the federal Help America Vote Act, the] THE
inspector shall require that the voter produce one of the following
types of identification before permitting the voter to cast his or her
vote on the voting machine:
(i) a driver's license or department of motor vehicles non-driver
photo [ID] IDENTIFICATION card [or other current and valid photo iden-
tification]; OR
(ii) [a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter] A PHOTO IDENTIFICATION CARD ISSUED BY ANY PUBLIC
OR PRIVATE COLLEGE OR UNIVERSITY IN THE UNITED STATES; OR
(III) SUCH OTHER DOCUMENTS FOR PROOF OF IDENTITY AS ARE PROVIDED FOR
IN THE RULES AND REGULATIONS OF THE STATE BOARD OF ELECTIONS, WHICH TO
THE EXTENT PRACTICABLE SHALL REFLECT THE SIX POINTS OF IDENTIFICATION
ESTABLISHED BY THE RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR
VEHICLES.
S 2. Section 8-303 of the election law is REPEALED.
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07983-01-9