The New York State Senate

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

                                  1974

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04808-01-1

S. 1974                             2

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, 2013, the state board of elections shall submit a
report of its findings and recommendations pursuant to this  section  to
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.

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

                                 1974--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced by Sens. GIANARIS, HASSELL-THOMPSON -- 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 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04808-02-1

S. 1974--A                          2

PERSONAL  INCOME  TAX  RETURN  PURSUANT TO ARTICLE TWENTY-TWO OF THE TAX
LAW.
  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, 2014, the state board of elections shall submit a

S. 1974--A                          3

report of its findings and recommendations pursuant to this  section  to
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.

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

                                 1974--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced by Sens. GIANARIS, HASSELL-THOMPSON -- 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 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the election law, in relation to enacting  the  "act  to
  modernize voter registration"

  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 "act to modernize voter registration".
  S 2. The election law is amended by adding a new section 5-200 to read
as follows:
  S  5-200.  AUTOMATED  VOTER REGISTRATION. 1. NOTWITHSTANDING ANY OTHER
MANNER OF REGISTRATION REQUIRED BY THIS  ARTICLE,  EACH  PERSON  IN  THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
  2. THE STATE BOARD OF ELECTIONS OR COUNTY  BOARD  OF  ELECTIONS  SHALL
REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF  THIS  ARTICLE  WHO
CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
  (A)  COMPLETES  AN  APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE,
NON-DRIVER  IDENTIFICATION  CARD,  PRE-LICENSING   COURSE   CERTIFICATE,
LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
MENT  OF  MOTOR  VEHICLES,  OR  NOTIFIES SUCH DEPARTMENT IN WRITING OF A
CHANGE OF HIS OR HER NAME OR ADDRESS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04808-04-2

S. 1974--B                          2

  (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
  (C)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH  SERVICES  FROM  ANY
MUNICIPAL  HOUSING  AUTHORITY  AS  SET  FORTH IN ARTICLE THIRTEEN OF THE
PUBLIC HOUSING LAW;
  (D) IS ADMITTED AT INSTITUTIONS OF THE STATE UNIVERSITY  OF  NEW  YORK
AND THE CITY UNIVERSITY OF NEW YORK;
  (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
PAROLE;
  (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE; OR
  (G)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
THREE OF THIS SECTION.
  3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE DEPARTMENT OF LABOR, AND ANY AGENCY DESIGNATED BY THE  STATE
BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN-
CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
  (I) THE LIKELIHOOD THAT SOURCE  RECORDS  REFLECT  A  LARGE  NUMBER  OF
ELIGIBLE CITIZENS;
  (II)  THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO
WOULD NOT OTHERWISE BE REGISTERED  UNDER  THE  ACT  TO  MODERNIZE  VOTER
REGISTRATION;
  (III)  THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS;
AND
  (IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION  OFFICIAL
AS  REASONABLY  RELATED  TO  ACCOMPLISHING  THE  PURPOSES  OF THE ACT TO
MODERNIZE VOTER REGISTRATION.
  4. THE STATE BOARD OF ELECTIONS AND THE SOURCE  AGENCIES  SHALL  ENTER
INTO  AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION
TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO  THE
STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
  (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
  (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
  (C) DATE OF BIRTH;
  (D) CITIZENSHIP;
  (E)  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE  FOR  THE
PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
  (F) POLITICAL PARTY ENROLLMENT, IF ANY;
  (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
BALLOT, IF ANY; AND
  (H) AN IMAGE OF THE PERSON'S SIGNATURE.
  5. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE  SOURCE
AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
TORY  INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION, ADDITIONAL
INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-

S. 1974--B                          3

TATING VOTER REGISTRATION, THE  FREQUENCY  OF  DATA  TRANSMISSIONS,  THE
PROCEDURES,  AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE SECURITY
AND PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER  NECES-
SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
  6.  EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD OF
ELECTIONS AND COUNTY BOARD OF ELECTIONS TO FACILITATE THE  VOTER  REGIS-
TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
TO  ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH SUCH
PERSON TO VOTE OR  TO  UPDATE  EACH  SUCH  PERSON'S  VOTER  REGISTRATION
RECORD.
  S  3.  Subdivisions  1,  3 and 6 of section 5-208 of the election law,
subdivision 1 as amended by chapter 200 of the laws of 1996, and  subdi-
visions 3 and 6 as added by chapter 659 of the laws of 1994, are amended
to read as follows:
  1.  The board of elections shall transfer the registration and enroll-
ment of any voter for whom it receives a notice of change of address  to
another address in the [same county or city] STATE, or for any voter who
[casts]  SUBMITS  a  ballot  in  an affidavit ballot envelope which sets
forth such a new address.  Such notices shall include, but not be limit-
ed to, notices received from any state agency  which  conducts  a  voter
registration  program  pursuant  to the provisions of sections 5-211 and
5-212 of this title OR WHICH TRANSMIT INFORMATION, that  the  voter  has
notified such agency of a change of address in the [same city or county]
STATE  unless the voter has indicated that such change of address is not
for voter registration purposes, notices of change of address  from  the
United  States  Postal  Service  through  the National Change of Address
System, any notices of a forwarding address on mail sent to a  voter  by
the  board  of elections and returned by the postal service, national or
state voter registration forms,  confirmation  mailing  response  cards,
United  States  Postal  Service  notices  to correspondents of change of
address, applications for registration from persons  already  registered
in  such  county or city, or any other notices to correspondents sent to
the board of elections by such voters.
  3. If such a notice is received at least [twenty] TEN  days  before  a
primary,  special  or  general  election, such change of address must be
completed before such election.  IF SUCH A NOTICE  IS  NOT  RECEIVED  AT
LEAST  TEN  DAYS  BEFORE  A PRIMARY, SPECIAL OR GENERAL ELECTION, THEN A
VOTER MAY VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF  SECTION  8-302
OF THIS CHAPTER.
  6.  If a notice sent pursuant to [subdivision five of] this section is
returned [by the postal service] as undeliverable and without a forward-
ing address, the board of elections shall  return  the  registration  of
such  voter  to  the  original  address,  send such voter a confirmation
notice pursuant to the provisions of subdivision one of section 5-712 of
this [title] ARTICLE and place such voter in inactive status.
  S 4. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1. The board of elections, between August first and  August  fifth  of
each  year, shall send by first class 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, a communication,  in  a  form  approved  by  the  state  board  of
elections,  to  every registered voter who has been registered without a
change of address since the beginning of  such  year,  except  that  the
board  of elections shall not be required to send such communications to
voters in inactive status. The communication shall notify the  voter  of

S. 1974--B                          4

the  days  and  hours  of the ensuing primary and general elections, the
place where he appears by his registration records  to  be  entitled  to
vote,  the  fact  that voters who have moved or will have moved from the
address  where  they  were last registered must [re-register or, that if
such move was to another address in the same county or city,  that  such
voter  may]  either  notify the board of elections of his new address or
vote by paper ballot at the polling place for his new  address  even  if
such  voter  has  not  re-registered, or otherwise notified the board of
elections of the change of address. If the location of the polling place
for the voter's election district  has  been  moved,  the  communication
shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
indicate whether the polling place is accessible to physically  disabled
voters, that a voter who will be out of the city or county on the day of
the  primary  or  general  election  or a voter who is ill or physically
disabled may obtain an absentee ballot, that a physically disabled voter
whose polling place is not accessible may request that his  registration
record  be moved to an election district which has a polling place which
is accessible, the phone number to  call  for  applications  to  move  a
registration  record  or  for  absentee  ballot  applications, the phone
number to call for the location of registration and polling places,  the
phone  number  to call to indicate that the voter is willing to serve on
election day as an election inspector, poll  clerk,  interpreter  or  in
other  capacities, the phone number to call to obtain an application for
registration  by  mail,  and  such  other  information  concerning   the
elections  or  registration as the board may include. In lieu of sending
such communication to every registered voter, the board of elections may
send a single communication to a  household  containing  more  than  one
registered  voter,  provided that the names of all such voters appear as
part of the address on such communication.
  S 5. Paragraph (a) of subdivision 1 of section 5-400 of  the  election
law,  as  amended by chapter 659 of the laws of 1994, is amended to read
as follows:
  (a) Moved his OR HER residence outside the [city or county in which he
is registered] STATE.
  S 6. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400  of
the  election  law,  paragraphs  (b)  and (d) as added by section 20 and
paragraph (c) as added and paragraph (d) as relettered by section 22  of
chapter 659 of the laws of 1994, are amended to read as follows:
  (b)  A  notice that the registrant has moved to an address outside the
[city or county] STATE which is signed by the registrant and sent to the
board of elections.
  (c) A notice signed by the registrant which states  that  such  regis-
trant  has  moved  to  an address outside the [city or county] STATE and
that such change of address is for voter registration purposes.
  (d) A notice from a board of elections  or  other  voter  registration
officer  or  agency  that  such  person  has  registered to vote from an
address outside [such city or county] THE STATE.
  S 7. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 179 of the laws of 2005, is amended to read as follows:
  3. Completed application forms, when received by any county  board  of
elections  and,  with  respect  to  application forms promulgated by the
federal election  commission,  when  received  by  the  state  board  of
elections,  or  showing  a  dated cancellation mark of the United States
Postal Service or contained in an envelope showing such a dated  cancel-
lation  mark which is not later than the [twenty-fifth] TENTH day before

S. 1974--B                          5

the next ensuing primary, general or special election, and  received  no
later  than the [twentieth] FIFTH day before such election, or delivered
in person to such county board of elections not later than the tenth day
before  a  special election, shall entitle the applicant to vote in such
election, if he or she is otherwise qualified, provided,  however,  such
applicant  shall  not vote on a voting machine until his or her identity
is verified. Any county board of elections receiving an application form
from a person who does not reside  in  its  jurisdiction  but  who  does
reside  elsewhere in the state of New York, shall forthwith forward such
application form to the proper county board of elections. Each board  of
elections  shall  make  an  entry  on  each  such form of the date it is
received by such board.
  S 8. Paragraphs (g) and (k) of subdivision 5 of section 5-210  of  the
election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
2008, are amended and a new paragraph (n) is added to read as follows:
  (g)  Notice that the applicant must be a citizen of the United States,
is [or will be at least eighteen years old not later than December thir-
ty-first of the calendar year in which he or  she  registers]  AT  LEAST
SIXTEEN  YEARS  OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO
VOTE and a resident of the county or city to which application is made.
  (k) The form shall also include space for the  following  information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) The date of birth of the applicant.
  (iv) A space for the applicant to indicate his or her driver's license
or  department  of motor vehicles non-driver photo ID number or the last
four digits of his or her social security number or,  if  the  applicant
does  not have either such number, a space for the applicant to indicate
he or she does not have either.
  (v) A space for the applicant to indicate whether or not he or she  is
a citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
  (vi) [A space for the applicant to answer the question "Will you be 18
years  of  age  on  or  before  election day?" and the statement "If you
checked "no" in response to this question, do  not  complete  this  form
unless you will be 18 by the end of the year."
  (vii)] A statement informing the applicant that if the form is submit-
ted by mail and the applicant is registering for the first time, certain
information or documents must be submitted with the mail-in registration
form  in  order  to  avoid  additional  identification requirements upon
voting for the first time. Such information and documents are:
  (A) a driver's license or  department  of  motor  vehicles  non-driver
photo ID number; or
  (B)  the  last four digits of the individual's social security number;
or
  (C) a copy of a current and valid photo identification; or
  (D) 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.

S. 1974--B                          6

  [(viii)] (VII) The gender of the applicant (optional).
  [(ix)]  (VIII) A space for the applicant to indicate his or her choice
of party enrollment, with a clear alternative provided for the applicant
to decline to affiliate with any party.
  [(x)] (IX) The telephone number of the applicant (optional).
  [(xi)] (X) A place for the applicant to execute the  form  on  a  line
which  is  clearly  labeled  "signature  of  applicant"  preceded by the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I meet all the requirements to  register  to  vote  in  New  York
       State.
     * This is my signature or mark on the line below.
     * All  the  information  contained  on  this application is true. I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date  and
the aforementioned line for the applicant's signature.
  [(xii)]  (XI)  A  space  for the applicant to register in the New York
state donate life registry for organ and  tissue  donations  established
pursuant to section forty-three hundred ten of the public health law.
  (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
SOURCE  AGENCIES  AND  THE  STATE  OR COUNTY BOARDS OF ELECTIONS ARE NOT
REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION  OF  THE  INFORMATION
REQUESTED  IN  PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR (XI) OF
PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
TO REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY  PERSON  IN
THE STATE WHOSE INFORMATION IS  TRANSMITTED PURSUANT TO SECTION 5-200 OF
THIS  TITLE  FOR  THE  REASON THAT SUCH INFORMATION DOES NOT INCLUDE THE
INFORMATION REQUESTED BY  PARAGRAPH  (J)  OR  SUBPARAGRAPH  (I),  (VII),
(VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S  9.  Subdivisions 9, 11 and 14 of section 5-210 of the election law,
as amended by chapter 179 of the laws of 2005, are 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, EXCEPT IF SUCH BOARD RECEIVES THE
APPLICATION WITHIN TWENTY-ONE DAYS OF  A  SPECIAL,  PRIMARY  OR  GENERAL
ELECTION,  THE  BOARD  SHALL VERIFY THE IDENTITY OF THE APPLICANT WITHIN
FIVE DAYS OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER.  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 informa-
tion source. If the county board of elections is unable  to  verify  the
identity  of  the applicant within twenty-one days of the receipt of the
application, it shall immediately take steps to confirm that the  infor-
mation  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 indication that such board  has  not  yet
been able to verify the identity of the applicant and a request for more

S. 1974--B                          7

information  so that such verification may be completed, or (c) a notice
of its rejection of the application 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 enrollment is effective, of the date and the hours
of the next regularly scheduled 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 accessible 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. 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.
  11. If the county board of elections suspects or believes that for any
reason the applicant is not entitled to registration and enrollment,  it
shall make inquiry in reference thereto. If the board of elections shall
find  that  the  applicant  is not qualified to register and enroll, the
application shall  be  rejected  and  the  applicant  notified  of  such
rejection and the reason therefor, no later than ten days before the day
of  the  first  primary  or general election occurring at least [twenty-
five] TEN days after the filing of the application, EXCEPT THAT  IF  THE
APPLICATION  WAS  SUBMITTED  BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE THE
DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH  BOARD  SHALL  NOTIFY
THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  14.  Notwithstanding the entry by the county board of elections on the
registration poll record of the information contained on an  application

S. 1974--B                          8

form prescribed by this section, such entry shall not preclude the coun-
ty  board of elections from subsequently rejecting the application if it
is not satisfied that the applicant is entitled to register  and  enroll
as  provided by this section, provided that the applicant is notified of
such rejection and reasons therefor no later than ten  days  before  the
day  of  the first primary or general election occurring at least [twen-
ty-five] TEN days after the filing of such application form, EXCEPT THAT
IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  S 10. Subdivisions 11, 12 and 14 of section 5-211 of the election law,
subdivisions 11 and 14 as amended by chapter 200 of the laws of 1996 and
subdivision 12 as added by chapter 659 of the laws of 1994, are  amended
and a new subdivision 18 is added to read as follows:
  11.  The  participating  agency shall transmit [the completed applica-
tions for registration and change  of  address  forms]  ALL  INFORMATION
COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE to the appropriate
board of elections not later than ten days after receipt except that all
such completed applications and forms received by the agency between the
[thirtieth] FIFTEENTH and [twenty-fifth] TENTH day  before  an  election
shall  be transmitted in such manner and at such time as to assure their
receipt by such board of elections not later than the [twentieth]  FIFTH
day before such election.
  12.  [Completed  application  forms,  when  received]  ALL INFORMATION
COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  by  a  participating
agency not later than the [twenty-fifth] TENTH day before the next ensu-
ing  primary, general or special election and transmitted by such agency
to the appropriate board of elections so that they are received by  such
board  not  later  than  the  [twentieth] FIFTH day before such election
shall entitle the applicant to vote in such election provided the  board
determines that the applicant is otherwise qualified.
  14.  Applications  shall be processed by the board of elections in the
manner prescribed by [section] SECTIONS 5-200 AND 5-210  of  this  title
or,  if the applicant is already registered to vote from another address
in the 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.
  18. ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED  IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS
ELIGIBLE  TO  REGISTER  OR  PRE-REGISTER  TO VOTE UNDER PARAGRAPH (G) OF
SUBDIVISION FIVE OF SECTION 5-210 OF THIS TITLE IN THE SAME  MANNER  AND
SUBJECT  TO  THE  SAME PROVISIONS AND RULES AND REGULATIONS AS ALL OTHER
DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
TY OR PUBLIC SCHOOL DISTRICT THAT  IS  NOT  OTHERWISE  DESIGNATED  AS  A
SOURCE  AGENCY  PURSUANT  TO  SECTION  5-200  OF THIS TITLE SHALL NOT BE
REQUIRED TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'S  DECLINATION
TO  REGISTER  TO VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS SECTION, OR
TO CONDUCT A STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION  SEVEN-
TEEN OF THIS SECTION.
  S  11.  Subdivisions  6  and  7  of section 5-212 of the election law,
subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
sion 7 as added by chapter 659 of the laws of 1994, are amended to  read
as follows:
  6.  The  department  of motor vehicles shall transmit [that portion of
the form which constitutes the completed application for registration or

S. 1974--B                          9

change of address form] ALL INFORMATION COLLECTED  PURSUANT  TO  SECTION
5-200 OF THIS TITLE to the appropriate board of elections not later than
ten  days  after receipt except that all such completed applications and
forms  received  by the department between the [thirtieth] FIFTEENTH and
[twenty-fifth] TENTH day before an election shall be transmitted in such
manner and at such time as to assure their  receipt  by  such  board  of
elections not later than the [twentieth] FIFTH day before such election.
All  transmittals  shall  include  original  signatures OR AN ELECTRONIC
IMAGE THEREOF AS REQUIRED BY SUBDIVISION FOUR OF SECTION 5-200  OF  THIS
TITLE.
  7.  [Completed  application  forms received] ALL INFORMATION COLLECTED
PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
cles not later than the [twenty-fifth] TENTH day before the next ensuing
primary, general or special election and transmitted by such  department
to  the  appropriate  board  of  elections so that they are received not
later than the [twentieth] FIFTH day before such election shall  entitle
the  applicant  to  vote  in such election provided the board determines
that the applicant is otherwise qualified.
  S 12. Subdivision 3 of section 5-213 of the election law,  as  amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  3.  The  board of elections shall restore the registration of any such
voter to active status if such voter notifies  the  board  of  elections
that he resides at the address from which he is registered, or the board
finds  that  such  voter  has validly signed a designating or nominating
petition which states that he resides at such address, or if such  voter
casts  a ballot in an affidavit envelope which states that he resides at
such address, or if the board receives notice that such voter has  voted
in  an  election  conducted with registration lists prepared pursuant to
the provisions of section 5-612 of this article.  If any such  notifica-
tion  or  information  is  received  [twenty]  TEN days or more before a
primary, special or general election, the voter's name must be  restored
to active status for such election.
  S  13.  Subdivision 3 of section 5-304 of the election law, as amended
by chapter 90 of the laws of 1991, is amended to read as follows:
  3. A change of enrollment received by the board of elections,  SHOWING
A  DATED  CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL SERVICE OR
CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS  DATED,
not  later  than the twenty-fifth day before the [general election shall
be deposited in a sealed enrollment box, which shall not be opened until
the first Tuesday  following  such  general  election.  Such  change  of
enrollment  shall  be then removed and entered as provided in this arti-
cle] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED  NO
LATER  THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON TO
SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE  TENTH  DAY  BEFORE  A
PRIMARY,  GENERAL  OR  SPECIAL  ELECTION,  SHALL  HAVE  SUCH A CHANGE OF
ENROLLMENT EFFECTIVE FOR SUCH  ELECTION.  ENROLLMENT  CHANGES  SHALL  BE
ENTERED  AS  PROVIDED IN THIS ARTICLE AND SHALL BE DEEMED TO TAKE EFFECT
ON THE TENTH DAY AFTER SUCH CHANGE OF  ENROLLMENT  IS  RECEIVED  BY  THE
BOARD  OF  ELECTIONS  OR  IF  THE  CHANGE OF ENROLLMENT, OR THE ENVELOPE
CONTAINING IT, BEARS A DATED CANCELLATION  MARK  OF  THE  UNITED  STATES
POSTAL SERVICE, SUCH CHANGE SHALL BE ENTERED AND SHALL BE DEEMED TO TAKE
EFFECT ON THE TENTH DAY AFTER THE DATE OF SUCH MARK, WHICHEVER IS EARLI-
ER;  EXCEPT  THAT  NO  CHANGE WILL TAKE EFFECT SOONER THAN THE FIFTH DAY
AFTER THE  RECEIPT  OF  SUCH  CHANGE  OF  ENROLLMENT  BY  THE  BOARD  OF
ELECTIONS.

S. 1974--B                         10

  S  14.  The  opening  paragraph  of  paragraph (e) of subdivision 3 of
section 8-302 of the election law, as amended by chapter 125 of the laws
of 2011, is amended to read as follows:
  Whenever  a  voter  presents  himself  or herself and offers to cast a
ballot, and he or she claims to live in the election district  in  which
he or she seeks to vote but no registration poll record can be found for
him  or her in the poll ledger or his or her name does not appear on the
computer generated registration list or his or her  signature  does  not
appear  next  to his or her name on such computer generated registration
list or his or her registration poll record or  the  computer  generated
registration  list  does not show him or her to be enrolled in the party
in which he or she claims to be enrolled AND THE VOTER IS NOT  OTHERWISE
ELIGIBLE  TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
THIS SECTION, a poll clerk or election inspector shall  consult  a  map,
street  finder  or  other  description  of all of the polling places and
election districts  within  the  political  subdivision  in  which  said
election  district  is  located  and  if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for  the  residence  address
provided  by  the voter to such poll clerk or election inspector. There-
after, such voter shall be permitted to vote in said  election  district
only as hereinafter provided:
  S  15.  Section  8-302  of the election law is amended by adding a new
subdivision 3-d to read as follows:
  3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND  OR
WHOSE  INFORMATION  IS  INCOMPLETE  OR  INCORRECT ON THE STATEWIDE VOTER
REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH  A
SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
TER  AND  CONSENTED  TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN
AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF  REGIS-
TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
SION  TWO  OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE
PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER  TO  VOTE  OR  THAT  THE
PERSON  DID  NOT  REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
  (A) A PERSON MAY SWEAR TO AND SUBSCRIBE AN AFFIDAVIT STATING THAT  THE
PERSON  HAS  REGISTERED  TO  VOTE  OR PERFORMED ANY OF THE ACTIVITIES IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND  CONSENTED  TO  USE
AGENCY  INFORMATION  FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT SHALL BE
SUFFICIENT EVIDENCE OF REGISTERING TO VOTE  OR  PERFORMING  ANY  OF  THE
ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
FOR THE PURPOSES OF THIS SECTION.
  (B)  A  PERSON  WITHOUT  IDENTIFICATION  MAY SWEAR TO AND SUBSCRIBE AN
AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY  PROOF  OF
IDENTITY,  BUT  THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF  SUBDIVI-
SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
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.
  S 16. Subdivision 11 of section 5-614 of the election law, as added by
chapter 24 of the laws of 2005, is amended to read as follows:

S. 1974--B                         11

  11.  The  state  board  of elections shall establish a statewide voter
[hotline using information available through the statewide voter  regis-
tration  list  for  voters  to  obtain information regarding their voter
registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
PUBLIC  WEBSITE  ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE BOARD OF
ELECTIONS AND THROUGH A TOLL-FREE TELEPHONE  NUMBER  MAINTAINED  BY  THE
STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
  A. ALLOW ANY VOTER:
  (I)  TO  REVIEW  THE VOTER REGISTRATION INFORMATION REPRESENTED ON THE
STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
  (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
VOTER REGISTRATION INFORMATION, WHICH SHALL BE SENT  TO  THE  APPLICABLE
COUNTY BOARD OF ELECTIONS; AND
  (III)  TO  DETERMINE  THE  LOCATION  OF THE POLLING PLACE TO WHICH THE
VOTER IS ASSIGNED;
  B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
  (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
RESIDENTIAL ADDRESS WITHIN THE STATE; AND
  (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED  ON  THE  STATEWIDE
VOTER REGISTRATION LIST; AND
  C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
WHO  IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW
THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE  INTERFACE,  THE  DATA
COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
RECEIPT  OF  SUCH  DATA,  THE STATE BOARD OF ELECTIONS SHALL FORWARD THE
INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY  WHERE
THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
SUBMITTED  BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO
THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF  2002
(42  U.S.C.  S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE
SHALL NOT RENDER THE APPLICATION INCOMPLETE OR  OTHERWISE  PRECLUDE  THE
REGISTRATION OF AN ELIGIBLE CITIZEN.
  FOR  ANY  ELIGIBLE  CITIZEN  ATTEMPTING  TO USE THE SYSTEM ESTABLISHED
UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE  PROCESSED
AS  VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN
AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE  EFFECT  FOR
THE  PROXIMATE  ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM
ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER  REGISTRA-
TION  INFORMATION  UNDER  THIS  SECTION, THE SYSTEM MUST ALSO NOTIFY THE
CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY  PROCEDURE  PROVIDED  IN
SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
  S  17.  Subdivision 3 of section 8-510 of the election law, as amended
by chapter 43 of the laws of 1988, is amended to read as follows:
  3. The inspectors shall place such completed report,  and  each  court
order,  if  any,  directing that a person be permitted to vote, AND EACH
AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302  OF
THIS ARTICLE, inside a ledger of registration records or computer gener-
ated registration lists between the front cover, and the first registra-
tion  record  and  then shall close and seal each ledger of registration
records or computer generated registration lists, affix their  signature
to  the  seal,  lock such ledger in the carrying case furnished for that
purpose and enclose the keys in a sealed package or seal  such  list  in
the envelope provided for that purpose.
  S  18.  The  election law is amended by adding a new section 17-138 to
read as follows:

S. 1974--B                         12

  S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER  COLOR
OF  ANY  PROVISION  OF  LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION  PURPOSES,
A  PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE  FROM  THE  STATEWIDE
VOTER  REGISTRATION  LIST  EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
ENFORCE ELECTION LAWS.
  S 19. Subdivision 1 of section 3-220 of the election law,  as  amended
by chapter 104 of the laws of 2010, is amended to read as follows:
  1.  All  registration  records,  certificates,  lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of  the  board
of elections or its employees and subject to such reasonable regulations
as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
RECORD  AND  OPEN  TO  PUBLIC  INSPECTION SOLELY BY REASON OF ITS TRANS-
MISSION AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR
PUBLIC INSPECTION:
  (A) ANY VOTER'S SIGNATURE;
  (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
  (C) ANY PORTION OF a voter's driver's license number,  [department  of
motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
security number and facsimile number [shall not be released  for  public
inspection];
  (D) ANY VOTER'S TELEPHONE NUMBER; AND
  (E)  AND  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
any time by any person other than a member of a  registration  board  or
board  of  inspectors  of  elections  or  board  of  elections except as
provided by rules imposed by the board of elections.
  S 20. Subdivision 4 of section 3-212 of the election law is amended by
adding two new paragraphs (c) and (d) to read as follows:
  (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION, SHALL ALSO INCLUDE:
  (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
BY SOURCE;
  (2)  THE  NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP-
TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE  TO
VOTE;
  (3)  THE  NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
VOTER REGISTRATION;
  (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER  REGISTRATION  FORMS  AND/OR
REQUESTS  TO  UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
  (5) THE NUMBER OF VOTERS WHO CORRECT  VOTER  REGISTRATION  INFORMATION
USING  THE  ELECTION-DAY  PROCEDURE  DESCRIBED  IN SECTION 8-302 OF THIS
CHAPTER.
  (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION,  SHALL  EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY IDENTIFIES ANY
PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
  S 21. Section 17-104 of  the  election  law  is  amended  to  read  as
follows:
  S 17-104. False registration. 1. Any person who:

S. 1974--B                         13

  [1.]  (A) Registers or attempts to register as an elector in more than
one election district for the same election, or more than  once  in  the
same election district; or,
  [2.] (B) Registers or attempts to register as an elector, knowing that
he  will  not  be  a qualified voter in the district at the election for
which such registration is made; or
  [3.] (C) Registers or attempts to register as  an  elector  under  any
name but his OR HER own; or
  [4.]  (D)  Knowingly  gives  a  false  residence  within  the election
district when registering as an elector; or
  [5.] (E) Knowingly permits, aids, assists, abets,  procures,  commands
or advises another to commit any such act, is guilty of a felony.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, NO PERSON
SHALL BE LIABLE FOR AN ERROR IN THE STATEWIDE  VOTER  REGISTRATION  LIST
UNLESS  SUCH  PERSON  KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT IN
ORDER TO EFFECTUATE OR PERPETUATE VOTER REGISTRATION. AN  ERROR  IN  THE
STATEWIDE  VOTER  REGISTRATION LIST SHALL NOT CONSTITUTE A FRAUDULENT OR
FALSE CLAIM TO CITIZENSHIP.
  S 22. Subdivision 17 of section 3-102 of the election law,  as  renum-
bered  by  chapter  23 of the laws of 2005, is renumbered subdivision 21
and four new subdivisions 17, 18,  19  and  20  are  added  to  read  as
follows:
  17.  ENSURE  THAT, UPON RECEIPT AND VERIFICATION OF A PERSON'S EXPRESS
REQUEST TO OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME  AND  REGIS-
TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
TRATION LISTS;
  18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
PERSON  WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART, TO
ANY THIRD PARTY FOR ANY PURPOSE OTHER THAN THE  COMPILATION  OF  A  JURY
LIST;
  19.  PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING EACH
CLASS OF USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE  STATEWIDE  VOTER
REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION  LIST  AND  TO ANY LIST PROVIDED BY A SOURCE AGENCY OR LIST
MAINTENANCE SOURCE, AND SETTING FORTH OTHER SAFEGUARDS  TO  PROTECT  THE
PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
TION LIST;
  20.  PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF TRANSFER
OF ADDRESS BY ELECTRONIC MAIL; AND
  S 23. This act shall take effect January 1, 2013;  provided,  however,
effective  immediately,  any rules, regulations and agreements necessary
to implement the provisions of  this  act  on  its  effective  date  are
authorized and directed to be completed on or before such date.

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

                                 1974--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced by Sens. GIANARIS, HASSELL-THOMPSON -- 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 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the election law, in relation to enacting the "voter
  empowerment act of New York"

  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 "voter empowerment act of New York".
  S 2. The election law is amended by adding a new section 5-200 to read
as follows:
  S 5-200. AUTOMATED VOTER REGISTRATION. 1.  NOTWITHSTANDING  ANY  OTHER
MANNER  OF  REGISTRATION  REQUIRED  BY  THIS ARTICLE, EACH PERSON IN THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
BE AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS  SECTION,
PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
  2.  THE  STATE  BOARD  OF ELECTIONS OR COUNTY BOARD OF ELECTIONS SHALL
REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN  THE
STATE  QUALIFIED  TO  VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE WHO
CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
  (A) COMPLETES AN APPLICATION FOR A NEW OR  RENEWED  DRIVER'S  LICENSE,
NON-DRIVER   IDENTIFICATION   CARD,  PRE-LICENSING  COURSE  CERTIFICATE,
LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
MENT OF MOTOR VEHICLES, OR NOTIFIES SUCH  DEPARTMENT  IN  WRITING  OF  A
CHANGE OF HIS OR HER NAME OR ADDRESS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04808-07-2

S. 1974--C                          2

  (B)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM  AGEN-
CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
  (C)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH  SERVICES  FROM  ANY
MUNICIPAL  HOUSING  AUTHORITY  AS  SET  FORTH IN ARTICLE THIRTEEN OF THE
PUBLIC HOUSING LAW;
  (D) IS ADMITTED AT INSTITUTIONS OF THE STATE UNIVERSITY  OF  NEW  YORK
AND THE CITY UNIVERSITY OF NEW YORK;
  (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
PAROLE;
  (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE; OR
  (G)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
THREE OF THIS SECTION.
  3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE DEPARTMENT OF LABOR, AND ANY AGENCY DESIGNATED BY THE  STATE
BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN-
CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
  (I) THE LIKELIHOOD THAT SOURCE  RECORDS  REFLECT  A  LARGE  NUMBER  OF
ELIGIBLE CITIZENS;
  (II)  THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO
WOULD NOT OTHERWISE BE REGISTERED  UNDER  THE  ACT  TO  MODERNIZE  VOTER
REGISTRATION;
  (III)  THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS;
AND
  (IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION  OFFICIAL
AS  REASONABLY  RELATED  TO  ACCOMPLISHING  THE  PURPOSES  OF THE ACT TO
MODERNIZE VOTER REGISTRATION.
  4. THE STATE BOARD OF ELECTIONS AND THE SOURCE  AGENCIES  SHALL  ENTER
INTO  AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION
TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO  THE
STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
  (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
  (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
  (C) DATE OF BIRTH;
  (D) CITIZENSHIP;
  (E)  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE  FOR  THE
PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
  (F) POLITICAL PARTY ENROLLMENT, IF ANY;
  (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
BALLOT, IF ANY; AND
  (H) AN IMAGE OF THE PERSON'S SIGNATURE.
  5. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE  SOURCE
AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
TORY  INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION, ADDITIONAL
INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-

S. 1974--C                          3

TATING VOTER REGISTRATION, THE  FREQUENCY  OF  DATA  TRANSMISSIONS,  THE
PROCEDURES,  AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE SECURITY
AND PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER  NECES-
SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
  6.  EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD OF
ELECTIONS AND COUNTY BOARD OF ELECTIONS TO FACILITATE THE  VOTER  REGIS-
TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
TO  ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH SUCH
PERSON TO VOTE OR  TO  UPDATE  EACH  SUCH  PERSON'S  VOTER  REGISTRATION
RECORD.
  S  3.  Subdivisions  1,  3 and 6 of section 5-208 of the election law,
subdivision 1 as amended by chapter 200 of the laws of 1996, and  subdi-
visions 3 and 6 as added by chapter 659 of the laws of 1994, are amended
to read as follows:
  1.  The board of elections shall transfer the registration and enroll-
ment of any voter for whom it receives a notice of change of address  to
another address in the [same county or city] STATE, or for any voter who
[casts]  SUBMITS  a  ballot  in  an affidavit ballot envelope which sets
forth such a new address.  Such notices shall include, but not be limit-
ed to, notices received from any state agency  which  conducts  a  voter
registration  program  pursuant  to the provisions of sections 5-211 and
5-212 of this title OR WHICH TRANSMIT INFORMATION, that  the  voter  has
notified such agency of a change of address in the [same city or county]
STATE  unless the voter has indicated that such change of address is not
for voter registration purposes, notices of change of address  from  the
United  States  Postal  Service  through  the National Change of Address
System, any notices of a forwarding address on mail sent to a  voter  by
the  board  of elections and returned by the postal service, national or
state voter registration forms,  confirmation  mailing  response  cards,
United  States  Postal  Service  notices  to correspondents of change of
address, applications for registration from persons  already  registered
in  such  county or city, or any other notices to correspondents sent to
the board of elections by such voters.
  3. If such a notice is received at least [twenty] TEN  days  before  a
primary,  special  or  general  election, such change of address must be
completed before such election.  IF SUCH A NOTICE  IS  NOT  RECEIVED  AT
LEAST  TEN  DAYS  BEFORE  A PRIMARY, SPECIAL OR GENERAL ELECTION, THEN A
VOTER MAY VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF  SECTION  8-302
OF THIS CHAPTER.
  6.  If a notice sent pursuant to [subdivision five of] this section is
returned [by the postal service] as undeliverable and without a forward-
ing address, the board of elections shall  return  the  registration  of
such  voter  to  the  original  address,  send such voter a confirmation
notice pursuant to the provisions of subdivision one of section 5-712 of
this [title] ARTICLE and place such voter in inactive status.
  S 4. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1. The board of elections, between August first and  August  fifth  of
each  year, shall send by first class 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, a communication,  in  a  form  approved  by  the  state  board  of
elections,  to  every registered voter who has been registered without a
change of address since the beginning of  such  year,  except  that  the
board  of elections shall not be required to send such communications to
voters in inactive status. The communication shall notify the  voter  of

S. 1974--C                          4

the  days  and  hours  of the ensuing primary and general elections, the
place where he appears by his registration records  to  be  entitled  to
vote,  the  fact  that voters who have moved or will have moved from the
address  where  they  were last registered must [re-register or, that if
such move was to another address in the same county or city,  that  such
voter  may]  either  notify the board of elections of his new address or
vote by paper ballot at the polling place for his new  address  even  if
such  voter  has  not  re-registered, or otherwise notified the board of
elections of the change of address. If the location of the polling place
for the voter's election district  has  been  moved,  the  communication
shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
indicate whether the polling place is accessible to physically  disabled
voters, that a voter who will be out of the city or county on the day of
the  primary  or  general  election  or a voter who is ill or physically
disabled may obtain an absentee ballot, that a physically disabled voter
whose polling place is not accessible may request that his  registration
record  be moved to an election district which has a polling place which
is accessible, the phone number to  call  for  applications  to  move  a
registration  record  or  for  absentee  ballot  applications, the phone
number to call for the location of registration and polling places,  the
phone  number  to call to indicate that the voter is willing to serve on
election day as an election inspector, poll  clerk,  interpreter  or  in
other  capacities, the phone number to call to obtain an application for
registration  by  mail,  and  such  other  information  concerning   the
elections  or  registration as the board may include. In lieu of sending
such communication to every registered voter, the board of elections may
send a single communication to a  household  containing  more  than  one
registered  voter,  provided that the names of all such voters appear as
part of the address on such communication.
  S 5. Paragraph (a) of subdivision 1 of section 5-400 of  the  election
law,  as  amended by chapter 659 of the laws of 1994, is amended to read
as follows:
  (a) Moved his OR HER residence outside the [city or county in which he
is registered] STATE.
  S 6. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400  of
the  election  law,  paragraphs  (b)  and (d) as added by section 20 and
paragraph (c) as added and paragraph (d) as relettered by section 22  of
chapter 659 of the laws of 1994, are amended to read as follows:
  (b)  A  notice that the registrant has moved to an address outside the
[city or county] STATE which is signed by the registrant and sent to the
board of elections.
  (c) A notice signed by the registrant which states  that  such  regis-
trant  has  moved  to  an address outside the [city or county] STATE and
that such change of address is for voter registration purposes.
  (d) A notice from a board of elections  or  other  voter  registration
officer  or  agency  that  such  person  has  registered to vote from an
address outside [such city or county] THE STATE.
  S 7. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 179 of the laws of 2005, is amended to read as follows:
  3. Completed application forms, when received by any county  board  of
elections  and,  with  respect  to  application forms promulgated by the
federal election  commission,  when  received  by  the  state  board  of
elections,  or  showing  a  dated cancellation mark of the United States
Postal Service or contained in an envelope showing such a dated  cancel-
lation  mark which is not later than the [twenty-fifth] TENTH day before

S. 1974--C                          5

the next ensuing primary, general or special election, and  received  no
later  than the [twentieth] FIFTH day before such election, or delivered
in person to such county board of elections not later than the tenth day
before  a  special election, shall entitle the applicant to vote in such
election, if he or she is otherwise qualified, provided,  however,  such
applicant  shall  not vote on a voting machine until his or her identity
is verified. Any county board of elections receiving an application form
from a person who does not reside  in  its  jurisdiction  but  who  does
reside  elsewhere in the state of New York, shall forthwith forward such
application form to the proper county board of elections. Each board  of
elections  shall  make  an  entry  on  each  such form of the date it is
received by such board.
  S 8. Paragraphs (g) and (k) of subdivision 5 of section 5-210  of  the
election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
2008, are amended and a new paragraph (n) is added to read as follows:
  (g)  Notice that the applicant must be a citizen of the United States,
is [or will be at least eighteen years old not later than December thir-
ty-first of the calendar year in which he or  she  registers]  AT  LEAST
SIXTEEN  YEARS  OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO
VOTE and a resident of the county or city to which application is made.
  (k) The form shall also include space for the  following  information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) The date of birth of the applicant.
  (iv) A space for the applicant to indicate his or her driver's license
or  department  of motor vehicles non-driver photo ID number or the last
four digits of his or her social security number or,  if  the  applicant
does  not have either such number, a space for the applicant to indicate
he or she does not have either.
  (v) A space for the applicant to indicate whether or not he or she  is
a citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
  (vi) [A space for the applicant to answer the question "Will you be 18
years  of  age  on  or  before  election day?" and the statement "If you
checked "no" in response to this question, do  not  complete  this  form
unless you will be 18 by the end of the year."
  (vii)] A statement informing the applicant that if the form is submit-
ted by mail and the applicant is registering for the first time, certain
information or documents must be submitted with the mail-in registration
form  in  order  to  avoid  additional  identification requirements upon
voting for the first time. Such information and documents are:
  (A) a driver's license or  department  of  motor  vehicles  non-driver
photo ID number; or
  (B)  the  last four digits of the individual's social security number;
or
  (C) a copy of a current and valid photo identification; or
  (D) 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.

S. 1974--C                          6

  [(viii)] (VII) The gender of the applicant (optional).
  [(ix)]  (VIII) A space for the applicant to indicate his or her choice
of party enrollment, with a clear alternative provided for the applicant
to decline to affiliate with any party.
  [(x)] (IX) The telephone number of the applicant (optional).
  [(xi)] (X) A place for the applicant to execute the  form  on  a  line
which  is  clearly  labeled  "signature  of  applicant"  preceded by the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I meet all the requirements to  register  to  vote  in  New  York
       State.
     * This is my signature or mark on the line below.
     * All  the  information  contained  on  this application is true. I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date  and
the aforementioned line for the applicant's signature.
  [(xii)]  (XI)  A  space  for the applicant to register in the New York
state donate life registry for organ and  tissue  donations  established
pursuant to section forty-three hundred ten of the public health law.
  (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
SOURCE  AGENCIES  AND  THE  STATE  OR COUNTY BOARDS OF ELECTIONS ARE NOT
REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION  OF  THE  INFORMATION
REQUESTED  IN  PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR (XI) OF
PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
TO REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY  PERSON  IN
THE STATE WHOSE INFORMATION IS  TRANSMITTED PURSUANT TO SECTION 5-200 OF
THIS  TITLE  FOR  THE  REASON THAT SUCH INFORMATION DOES NOT INCLUDE THE
INFORMATION REQUESTED BY  PARAGRAPH  (J)  OR  SUBPARAGRAPH  (I),  (VII),
(VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S  9.  Subdivisions 9, 11 and 14 of section 5-210 of the election law,
as amended by chapter 179 of the laws of 2005, are 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, EXCEPT IF SUCH BOARD RECEIVES THE
APPLICATION WITHIN TWENTY-ONE DAYS OF  A  SPECIAL,  PRIMARY  OR  GENERAL
ELECTION,  THE  BOARD  SHALL VERIFY THE IDENTITY OF THE APPLICANT WITHIN
FIVE DAYS OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER.  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 informa-
tion source. If the county board of elections is unable  to  verify  the
identity  of  the applicant within twenty-one days of the receipt of the
application, it shall immediately take steps to confirm that the  infor-
mation  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 indication that such board  has  not  yet
been able to verify the identity of the applicant and a request for more

S. 1974--C                          7

information  so that such verification may be completed, or (c) a notice
of its rejection of the application 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 enrollment is effective, of the date and the hours
of the next regularly scheduled 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 accessible 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. 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.
  11. If the county board of elections suspects or believes that for any
reason the applicant is not entitled to registration and enrollment,  it
shall make inquiry in reference thereto. If the board of elections shall
find  that  the  applicant  is not qualified to register and enroll, the
application shall  be  rejected  and  the  applicant  notified  of  such
rejection and the reason therefor, no later than ten days before the day
of  the  first  primary  or general election occurring at least [twenty-
five] TEN days after the filing of the application, EXCEPT THAT  IF  THE
APPLICATION  WAS  SUBMITTED  BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE THE
DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH  BOARD  SHALL  NOTIFY
THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  14.  Notwithstanding the entry by the county board of elections on the
registration poll record of the information contained on an  application

S. 1974--C                          8

form prescribed by this section, such entry shall not preclude the coun-
ty  board of elections from subsequently rejecting the application if it
is not satisfied that the applicant is entitled to register  and  enroll
as  provided by this section, provided that the applicant is notified of
such rejection and reasons therefor no later than ten  days  before  the
day  of  the first primary or general election occurring at least [twen-
ty-five] TEN days after the filing of such application form, EXCEPT THAT
IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  S 10. Subdivisions 11, 12 and 14 of section 5-211 of the election law,
subdivisions 11 and 14 as amended by chapter 200 of the laws of 1996 and
subdivision 12 as added by chapter 659 of the laws of 1994, are  amended
and a new subdivision 18 is added to read as follows:
  11.  The  participating  agency shall transmit [the completed applica-
tions for registration and change  of  address  forms]  ALL  INFORMATION
COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE to the appropriate
board of elections not later than ten days after receipt except that all
such completed applications and forms received by the agency between the
[thirtieth] FIFTEENTH and [twenty-fifth] TENTH day  before  an  election
shall  be transmitted in such manner and at such time as to assure their
receipt by such board of elections not later than the [twentieth]  FIFTH
day before such election.
  12.  [Completed  application  forms,  when  received]  ALL INFORMATION
COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  by  a  participating
agency not later than the [twenty-fifth] TENTH day before the next ensu-
ing  primary, general or special election and transmitted by such agency
to the appropriate board of elections so that they are received by  such
board  not  later  than  the  [twentieth] FIFTH day before such election
shall entitle the applicant to vote in such election provided the  board
determines that the applicant is otherwise qualified.
  14.  Applications  shall be processed by the board of elections in the
manner prescribed by [section] SECTIONS 5-200 AND 5-210  of  this  title
or,  if the applicant is already registered to vote from another address
in the 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.
  18. ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED  IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS
ELIGIBLE  TO  REGISTER  OR  PRE-REGISTER  TO VOTE UNDER PARAGRAPH (G) OF
SUBDIVISION FIVE OF SECTION 5-210 OF THIS TITLE IN THE SAME  MANNER  AND
SUBJECT  TO  THE  SAME PROVISIONS AND RULES AND REGULATIONS AS ALL OTHER
DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
TY OR PUBLIC SCHOOL DISTRICT THAT  IS  NOT  OTHERWISE  DESIGNATED  AS  A
SOURCE  AGENCY  PURSUANT  TO  SECTION  5-200  OF THIS TITLE SHALL NOT BE
REQUIRED TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'S  DECLINATION
TO  REGISTER  TO VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS SECTION, OR
TO CONDUCT A STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION  SEVEN-
TEEN OF THIS SECTION.
  S  11.  Subdivisions  6  and  7  of section 5-212 of the election law,
subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
sion 7 as added by chapter 659 of the laws of 1994, are amended to  read
as follows:
  6.  The  department  of motor vehicles shall transmit [that portion of
the form which constitutes the completed application for registration or

S. 1974--C                          9

change of address form] ALL INFORMATION COLLECTED  PURSUANT  TO  SECTION
5-200 OF THIS TITLE to the appropriate board of elections not later than
ten  days  after receipt except that all such completed applications and
forms  received  by the department between the [thirtieth] FIFTEENTH and
[twenty-fifth] TENTH day before an election shall be transmitted in such
manner and at such time as to assure their  receipt  by  such  board  of
elections not later than the [twentieth] FIFTH day before such election.
All  transmittals  shall  include  original  signatures OR AN ELECTRONIC
IMAGE THEREOF AS REQUIRED BY SUBDIVISION FOUR OF SECTION 5-200  OF  THIS
TITLE.
  7.  [Completed  application  forms received] ALL INFORMATION COLLECTED
PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
cles not later than the [twenty-fifth] TENTH day before the next ensuing
primary, general or special election and transmitted by such  department
to  the  appropriate  board  of  elections so that they are received not
later than the [twentieth] FIFTH day before such election shall  entitle
the  applicant  to  vote  in such election provided the board determines
that the applicant is otherwise qualified.
  S 12. Subdivision 3 of section 5-213 of the election law,  as  amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  3.  The  board of elections shall restore the registration of any such
voter to active status if such voter notifies  the  board  of  elections
that he resides at the address from which he is registered, or the board
finds  that  such  voter  has validly signed a designating or nominating
petition which states that he resides at such address, or if such  voter
casts  a ballot in an affidavit envelope which states that he resides at
such address, or if the board receives notice that such voter has  voted
in  an  election  conducted with registration lists prepared pursuant to
the provisions of section 5-612 of this article.  If any such  notifica-
tion  or  information  is  received  [twenty]  TEN days or more before a
primary, special or general election, the voter's name must be  restored
to active status for such election.
  S  13.  Subdivision 3 of section 5-304 of the election law, as amended
by chapter 90 of the laws of 1991, is amended to read as follows:
  3. A change of enrollment received by the board of elections,  SHOWING
A  DATED  CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL SERVICE OR
CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS  DATED,
not  later  than the twenty-fifth day before the [general election shall
be deposited in a sealed enrollment box, which shall not be opened until
the first Tuesday  following  such  general  election.  Such  change  of
enrollment  shall  be then removed and entered as provided in this arti-
cle] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED  NO
LATER  THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON TO
SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE  TENTH  DAY  BEFORE  A
PRIMARY,  GENERAL  OR  SPECIAL  ELECTION,  SHALL  HAVE  SUCH A CHANGE OF
ENROLLMENT EFFECTIVE FOR SUCH  ELECTION.  ENROLLMENT  CHANGES  SHALL  BE
ENTERED  AS  PROVIDED IN THIS ARTICLE AND SHALL BE DEEMED TO TAKE EFFECT
ON THE TENTH DAY AFTER SUCH CHANGE OF  ENROLLMENT  IS  RECEIVED  BY  THE
BOARD  OF  ELECTIONS  OR  IF  THE  CHANGE OF ENROLLMENT, OR THE ENVELOPE
CONTAINING IT, BEARS A DATED CANCELLATION  MARK  OF  THE  UNITED  STATES
POSTAL SERVICE, SUCH CHANGE SHALL BE ENTERED AND SHALL BE DEEMED TO TAKE
EFFECT ON THE TENTH DAY AFTER THE DATE OF SUCH MARK, WHICHEVER IS EARLI-
ER;  EXCEPT  THAT  NO  CHANGE WILL TAKE EFFECT SOONER THAN THE FIFTH DAY
AFTER THE  RECEIPT  OF  SUCH  CHANGE  OF  ENROLLMENT  BY  THE  BOARD  OF
ELECTIONS.

S. 1974--C                         10

  S  14.  The  opening  paragraph  of  paragraph (e) of subdivision 3 of
section 8-302 of the election law, as amended by chapter 125 of the laws
of 2011, is amended to read as follows:
  Whenever  a  voter  presents  himself  or herself and offers to cast a
ballot, and he or she claims to live in the election district  in  which
he or she seeks to vote but no registration poll record can be found for
him  or her in the poll ledger or his or her name does not appear on the
computer generated registration list or his or her  signature  does  not
appear  next  to his or her name on such computer generated registration
list or his or her registration poll record or  the  computer  generated
registration  list  does not show him or her to be enrolled in the party
in which he or she claims to be enrolled AND THE VOTER IS NOT  OTHERWISE
ELIGIBLE  TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
THIS SECTION, a poll clerk or election inspector shall  consult  a  map,
street  finder  or  other  description  of all of the polling places and
election districts  within  the  political  subdivision  in  which  said
election  district  is  located  and  if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for  the  residence  address
provided  by  the voter to such poll clerk or election inspector. There-
after, such voter shall be permitted to vote in said  election  district
only as hereinafter provided:
  S  15.  Section  8-302  of the election law is amended by adding a new
subdivision 3-d to read as follows:
  3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND  OR
WHOSE  INFORMATION  IS  INCOMPLETE  OR  INCORRECT ON THE STATEWIDE VOTER
REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH  A
SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
TER  AND  CONSENTED  TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN
AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF  REGIS-
TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
SION  TWO  OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE
PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER  TO  VOTE  OR  THAT  THE
PERSON  DID  NOT  REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
  (A) A PERSON MAY SWEAR TO AND SUBSCRIBE AN AFFIDAVIT STATING THAT  THE
PERSON  HAS  REGISTERED  TO  VOTE  OR PERFORMED ANY OF THE ACTIVITIES IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND  CONSENTED  TO  USE
AGENCY  INFORMATION  FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT SHALL BE
SUFFICIENT EVIDENCE OF REGISTERING TO VOTE  OR  PERFORMING  ANY  OF  THE
ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
FOR THE PURPOSES OF THIS SECTION.
  (B)  A  PERSON  WITHOUT  IDENTIFICATION  MAY SWEAR TO AND SUBSCRIBE AN
AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY  PROOF  OF
IDENTITY,  BUT  THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF  SUBDIVI-
SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
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.
  S 16. Subdivision 11 of section 5-614 of the election law, as added by
chapter 24 of the laws of 2005, is amended to read as follows:

S. 1974--C                         11

  11.  The  state  board  of elections shall establish a statewide voter
[hotline using information available through the statewide voter  regis-
tration  list  for  voters  to  obtain information regarding their voter
registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
PUBLIC  WEBSITE  ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE BOARD OF
ELECTIONS AND THROUGH A TOLL-FREE TELEPHONE  NUMBER  MAINTAINED  BY  THE
STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
  A. ALLOW ANY VOTER:
  (I)  TO  REVIEW  THE VOTER REGISTRATION INFORMATION REPRESENTED ON THE
STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
  (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
VOTER REGISTRATION INFORMATION, WHICH SHALL BE SENT  TO  THE  APPLICABLE
COUNTY BOARD OF ELECTIONS; AND
  (III)  TO  DETERMINE  THE  LOCATION  OF THE POLLING PLACE TO WHICH THE
VOTER IS ASSIGNED;
  B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
  (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
RESIDENTIAL ADDRESS WITHIN THE STATE; AND
  (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED  ON  THE  STATEWIDE
VOTER REGISTRATION LIST; AND
  C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
WHO  IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW
THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE  INTERFACE,  THE  DATA
COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
RECEIPT  OF  SUCH  DATA,  THE STATE BOARD OF ELECTIONS SHALL FORWARD THE
INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY  WHERE
THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
SUBMITTED  BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO
THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF  2002
(42  U.S.C.  S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE
SHALL NOT RENDER THE APPLICATION INCOMPLETE OR  OTHERWISE  PRECLUDE  THE
REGISTRATION OF AN ELIGIBLE CITIZEN.
  FOR  ANY  ELIGIBLE  CITIZEN  ATTEMPTING  TO USE THE SYSTEM ESTABLISHED
UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE  PROCESSED
AS  VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN
AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE  EFFECT  FOR
THE  PROXIMATE  ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM
ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER  REGISTRA-
TION  INFORMATION  UNDER  THIS  SECTION, THE SYSTEM MUST ALSO NOTIFY THE
CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY  PROCEDURE  PROVIDED  IN
SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
  S  17.  Subdivision 3 of section 8-510 of the election law, as amended
by chapter 43 of the laws of 1988, is amended to read as follows:
  3. The inspectors shall place such completed report,  and  each  court
order,  if  any,  directing that a person be permitted to vote, AND EACH
AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302  OF
THIS ARTICLE, inside a ledger of registration records or computer gener-
ated registration lists between the front cover, and the first registra-
tion  record  and  then shall close and seal each ledger of registration
records or computer generated registration lists, affix their  signature
to  the  seal,  lock such ledger in the carrying case furnished for that
purpose and enclose the keys in a sealed package or seal  such  list  in
the envelope provided for that purpose.
  S  18.  The  election law is amended by adding a new section 17-138 to
read as follows:

S. 1974--C                         12

  S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER  COLOR
OF  ANY  PROVISION  OF  LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION  PURPOSES,
A  PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE  FROM  THE  STATEWIDE
VOTER  REGISTRATION  LIST  EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
ENFORCE ELECTION LAWS.
  S 19. Subdivision 1 of section 3-220 of the election law,  as  amended
by chapter 104 of the laws of 2010, is amended to read as follows:
  1.  All  registration  records,  certificates,  lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of  the  board
of elections or its employees and subject to such reasonable regulations
as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
RECORD  AND  OPEN  TO  PUBLIC  INSPECTION SOLELY BY REASON OF ITS TRANS-
MISSION AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR
PUBLIC INSPECTION:
  (A) ANY VOTER'S SIGNATURE;
  (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
  (C) ANY PORTION OF a voter's driver's license number,  [department  of
motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
security number and facsimile number [shall not be released  for  public
inspection];
  (D) ANY VOTER'S TELEPHONE NUMBER; AND
  (E)  AND  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
any time by any person other than a member of a  registration  board  or
board  of  inspectors  of  elections  or  board  of  elections except as
provided by rules imposed by the board of elections.
  S 20. Subdivision 4 of section 3-212 of the election law is amended by
adding two new paragraphs (c) and (d) to read as follows:
  (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION, SHALL ALSO INCLUDE:
  (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
BY SOURCE;
  (2)  THE  NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP-
TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE  TO
VOTE;
  (3)  THE  NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
VOTER REGISTRATION;
  (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER  REGISTRATION  FORMS  AND/OR
REQUESTS  TO  UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
  (5) THE NUMBER OF VOTERS WHO CORRECT  VOTER  REGISTRATION  INFORMATION
USING  THE  ELECTION-DAY  PROCEDURE  DESCRIBED  IN SECTION 8-302 OF THIS
CHAPTER.
  (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION,  SHALL  EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY IDENTIFIES ANY
PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
  S 21. Section 17-104 of  the  election  law  is  amended  to  read  as
follows:
  S 17-104. False registration. 1. Any person who:

S. 1974--C                         13

  [1.]  (A) Registers or attempts to register as an elector in more than
one election district for the same election, or more than  once  in  the
same election district; or,
  [2.] (B) Registers or attempts to register as an elector, knowing that
he  will  not  be  a qualified voter in the district at the election for
which such registration is made; or
  [3.] (C) Registers or attempts to register as  an  elector  under  any
name but his OR HER own; or
  [4.]  (D)  Knowingly  gives  a  false  residence  within  the election
district when registering as an elector; or
  [5.] (E) Knowingly permits, aids, assists, abets,  procures,  commands
or advises another to commit any such act, is guilty of a felony.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, NO PERSON
SHALL BE LIABLE FOR AN ERROR IN THE STATEWIDE  VOTER  REGISTRATION  LIST
UNLESS  SUCH  PERSON  KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT IN
ORDER TO EFFECTUATE OR PERPETUATE VOTER REGISTRATION. AN  ERROR  IN  THE
STATEWIDE  VOTER  REGISTRATION LIST SHALL NOT CONSTITUTE A FRAUDULENT OR
FALSE CLAIM TO CITIZENSHIP.
  S 22. Subdivision 17 of section 3-102 of the election law,  as  renum-
bered  by  chapter  23 of the laws of 2005, is renumbered subdivision 21
and four new subdivisions 17, 18,  19  and  20  are  added  to  read  as
follows:
  17.  ENSURE  THAT, UPON RECEIPT AND VERIFICATION OF A PERSON'S EXPRESS
REQUEST TO OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME  AND  REGIS-
TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
TRATION LISTS;
  18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
PERSON  WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART, TO
ANY THIRD PARTY FOR ANY PURPOSE OTHER THAN THE  COMPILATION  OF  A  JURY
LIST;
  19.  PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING EACH
CLASS OF USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE  STATEWIDE  VOTER
REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION  LIST  AND  TO ANY LIST PROVIDED BY A SOURCE AGENCY OR LIST
MAINTENANCE SOURCE, AND SETTING FORTH OTHER SAFEGUARDS  TO  PROTECT  THE
PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
TION LIST;
  20.  PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF TRANSFER
OF ADDRESS BY ELECTRONIC MAIL; AND
  S 23. This act shall take effect January 1, 2013;  provided,  however,
effective  immediately,  any rules, regulations and agreements necessary
to implement the provisions of  this  act  on  its  effective  date  are
authorized and directed to be completed on or before such date.