senate Bill S542B

2011-2012 Legislative Session

Provides for the provision of voter registration forms to students by colleges, universities and public school districts

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 11, 2012 print number 542c
amend and recommit to elections
Jan 20, 2012 print number 542b
amend and recommit to elections
Jan 04, 2012 referred to elections
May 17, 2011 print number 542a
amend and recommit to elections
Jan 05, 2011 referred to elections

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

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S542 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §§5-211, 5-210 & 5-500, add §5-507, El L
Versions Introduced in 2009-2010 Legislative Session:
S1872C

S542 - Bill Texts

view summary

Provides for the provision of voter registration forms to students by colleges, universities and public school districts; authorizes the pre-registration to vote of 16 year olds.

view sponsor memo
BILL NUMBER:S542

TITLE OF BILL:
An act
to amend the election law, in relation to voter registration and
enrollment

PURPOSE:
Improves access to voter registration materials and information for
high school and college students.

SUMMARY OF PROVISIONS:
Section 1 amends § 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public high schools to
make voter registration forms available to eligible students within 3
weeks of their arrival on campus, designate a location for
distribution of and assistance with such forms, and to submit any
forms collected to the local board of elections.

Section 2 amends § 5-211 of the election law to add public school
districts, colleges and universities to the list of agencies and
offices subject to the provisions of Motor Voter, with duties and
obligations set forth in subdivision 18.

Section 3 amends subdivision 8 of § 5-211 of the election law to add
public school districts, colleges and universities to the list of
agencies and offices subject to the provisions of Motor Voter, with
duties and obligations set forth in subdivision 18.

Section 4 provides that an applicant who submits a applicant to
register to vote must be at least 17 years of age at the time of
submission.
(Under current law, such applicant may be 17 only if he or she will be
turning 18 within the same calendar year.) A registered voter's
eligibility to cast a ballot will continue to commence on the voter's
18th birthday.

Section 5 provides an effective date of July 1, 2010 for college and
universities, and July 1, 2011 for public school districts.

JUSTIFICATION:
According to the results of an extensive study conducted by my office
of colleges in New York State, both public and private institutions
are remiss of Federal Law which requires them to make voter
registration forms readily accessible to enrolled students.

The report, Youth At the Polls: A Survey of Voter Registration at NYS
Colleges, surveyed over 60 schools across the state. under a 1998
Amendment of the Higher Education Act, all colleges in good faith are
required to provide voter registration forms to students physically
on campus before the state's deadline for federal and gubernatorial
elections. New York State election law also requires every public
college and university (SUNY CUNY) to provide voter registration
forms to every student at the start of each academic year and in
January of presidential election years.


Despite the state and federal mandate, a quarter of public schools
surveyed were not equipped to register students to vote, and 90%
failed to send students voter registration materials in the mail. Of
private schools, only 50% made voter registration materials available
on campus, and 0% offered information via a posting.

This bill would clarify the means by which colleges and universities
must satisfy their existing obligation to make voter registration
materials available to their students.

Expanding the law will allow us to enroll more voters while they are
still students in the public education system, thereby increasing the
likelihood of civic engagement and strengthening our democracy. This
bill is put forth in the memory of the late Dr. Ray Seidelman, who
taught, mentored, and engaged students in Politics at Sarah Lawrence
College for over twenty-five years. Sharing his belief in the
electoral process and grass roots democracy, he inspired his students
to actively participate in elections at all levels. Dr. Seidelman's
definition of democracy, "Democracy is not what we have, it is what
we aspire to be.
So dare to aspire to it, for in the process you become a democratic
citizen. It takes courage to live as a democratic citizen, and that's
why we fight for it; this will involve you in great risks, but it's
worth it because it will make you free." Ray believed in the
intrinsic value of political participation, for what it brings into
being within and between people joined in the struggle to create a
slightly more human life by pursuing justice, freedom, equality, and
democracy. He is known as a teacher linking theory with practice,
intellectual development with public-service learning, and political
theory with the duties and responsibilities of citizenship.

LEGISLATIVE HISTORY:
2008 - S.6169A - Referred to Elections
2009 - S.1872C - Referred to Elections

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect July 1, 2011; provided, however ,that the
provisions of this act shall only apply to school districts on and
after July 1, 2012.

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

                                   542

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, HUNT-
  LEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Elections

AN  ACT to amend the election law, in relation to voter registration and
  enrollment

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

  Section  1.  Section  5-211 of the election law is amended by adding a
new subdivision 18 to read as follows:
  18. ALL COLLEGES, UNIVERSITIES AND PUBLIC HIGH SCHOOLS LOCATED IN THIS
STATE SHALL MAKE VOTER REGISTRATION  FORMS  AVAILABLE  TO  ANY  ELIGIBLE
STUDENTS IN THE SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
AND REGULATIONS AS ALL OTHER DESIGNATED AGENCIES; EXCEPT THAT A COLLEGE,
UNIVERSITY  OR  PUBLIC  HIGH  SCHOOL SHALL NOT BE REQUIRED TO COLLECT OR
MAINTAIN FORMS CONTAINING AN INDIVIDUAL'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  SEVENTEEN  OF  THIS
SECTION.
  EACH  COLLEGE,  UNIVERSITY  AND  PUBLIC HIGH SCHOOL SHALL PROVIDE EACH
ELIGIBLE STUDENT WITH A REGISTRATION FORM WITHIN THE FIRST  THREE  WEEKS
OF  SUCH  STUDENT'S  ENTRY  TO  SCHOOL  OR ARRIVAL ON CAMPUS PURSUANT TO
SUBDIVISIONS TWO, THREE, FOUR, FIVE, SEVEN,  NINE,  ELEVEN,  TWELVE  AND
FIFTEEN  OF  THIS  SECTION.  EVERY  COLLEGE,  UNIVERSITY AND PUBLIC HIGH
SCHOOL SHALL DESIGNATE AT LEAST ONE CONVENIENTLY  LOCATED  OFFICE  WHERE
STUDENTS MAY RECEIVE VOTER REGISTRATION FORMS AND PERSONAL ASSISTANCE IN
THE COMPLETION OF SUCH FORMS. EACH SUCH OFFICE SHALL PUBLICIZE ITS VOTER
REGISTRATION SERVICES PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, AND
SHALL  OFFER  TO COLLECT AND TRANSMIT COMPLETED VOTER REGISTRATION FORMS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00647-02-1

S. 542                              2

FROM STUDENTS TO THE LOCAL BOARD OF ELECTIONS PURSUANT  TO  SUBDIVISIONS
TWO, THREE, FIVE, NINE, ELEVEN, TWELVE AND FIFTEEN OF THIS SECTION.
  ANY COLLEGE, UNIVERSITY OR SCHOOL DISTRICT MAY ELECT TO SOLICIT ONE OR
MORE  RECOGNIZED  NON-PARTISAN  CAMPUS  BASED  ORGANIZATIONS  OR STUDENT
GROUPS TO ASSIST IN ITS EFFORTS TO OFFER PERSONAL ASSISTANCE, COLLECTION
AND TRANSMITTAL OF VOTER REGISTRATION FORMS.
  IN ADDITION TO THE REQUIREMENTS OF SUBDIVISIONS TWO, FIVE AND EIGHT OF
THIS SECTION, ALL COLLEGES AND UNIVERSITIES OFFERING VOTER  REGISTRATION
SERVICES SHALL INFORM STUDENTS OF THEIR RIGHT TO COMPLETE A VOTER REGIS-
TRATION  FORM  FROM  THEIR  COLLEGE OR PREVIOUS ADDRESS; INFORM STUDENTS
THAT THEIR DECISION TO REGISTER OR DECLINE TO  REGISTER  TO  VOTE  SHALL
HAVE NO BEARING ON THEIR COLLEGE OR UNIVERSITY RECORD; AND NOTWITHSTAND-
ING  THE  PROVISIONS  OF  SUBDIVISION  NINE  OF  THIS SECTION, SHALL NOT
INQUIRE OR KEEP RECORDS PERTAINING TO ANY STUDENT'S ELIGIBILITY TO VOTE.
  IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF THIS  SECTION,
ALL  COLLEGES, UNIVERSITIES AND SCHOOL DISTRICTS SHALL PLACE A PROMINENT
LINK ON THEIR INTERNET HOMEPAGE TO THE APPROPRIATE PAGE OF THE  INTERNET
WEBSITE  OF  THE STATE BOARD OF ELECTIONS FOR INDIVIDUALS TO LEARN ABOUT
THE QUALIFICATIONS TO VOTE, AND TO DOWNLOAD A VOTER  REGISTRATION  FORM,
EXCEPT  THAT  FOR  COLLEGES AND UNIVERSITIES IN THE CITY OF NEW YORK AND
FOR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SUCH LINK SHALL  BE
TO  THE  APPROPRIATE  PAGE  OF THE INTERNET WEBSITE OF THE NEW YORK CITY
BOARD OF ELECTIONS.
  THE STATE BOARD OF ELECTIONS AND, IN THE CITY OF  NEW  YORK,  THE  NEW
YORK  CITY  BOARD  OF  ELECTIONS  SHALL OFFER COLLEGES, UNIVERSITIES AND
SCHOOL DISTRICTS THE OPPORTUNITY TO USE CODED VOTER REGISTRATION  APPLI-
CATIONS THAT IDENTIFY EACH SUCH APPLICATION AS ORIGINATING FROM EITHER A
COLLEGE,  UNIVERSITY  OR PUBLIC HIGH SCHOOL. IF A COLLEGE, UNIVERSITY OR
SCHOOL DISTRICT ELECTS TO USE CODED VOTER REGISTRATION APPLICATIONS,  IT
SHALL  BE  EXEMPT  FROM  ALL REPORTING REQUIREMENTS OF THIS SECTION. THE
STATE BOARD OF ELECTIONS SHALL MAKE AVAILABLE AND PROVIDE FOR THE DELIV-
ERY OF SUCH CODED APPLICATIONS TO  ANY  COLLEGE,  UNIVERSITY  OR  SCHOOL
DISTRICT WITHIN THE STATE WHICH SUBMITS A REQUEST THEREFOR.
  EVERY  BOARD  OF  ELECTIONS  SCANNING  VOTER  REGISTRATION FORMS SHALL
CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT THEM ON A MONTHLY
BASIS TO THE STATE BOARD OF ELECTIONS.
  S 2. The opening paragraph of section 5-211 of the  election  law,  as
amended  by  chapter  200  of  the  laws  of 1996, is amended to read as
follows:
  Each agency designated as a participating agency under the  provisions
of  this  section,  AND  COLLEGE,  UNIVERSITY AND SCHOOL DISTRICT, shall
implement and administer a program of distribution of voter registration
forms pursuant to the provisions of this section. The following  offices
which  provide  public  assistance  and/or provide state funded programs
primarily engaged in providing services to persons with disabilities are
hereby designated as voter registration agencies:    designated  as  the
state  agencies  which  provide  public assistance are the department of
[social services] FAMILY ASSISTANCE and the department of health.   Also
designated  as  public  assistance  agencies  are  all agencies of local
government that provide such assistance. Designated  as  state  agencies
that  provide programs primarily engaged in providing services to people
with disabilities are the department of labor,  office  for  the  aging,
division  of veterans' affairs, office of mental health, office of voca-
tional and  educational  services  for  individuals  with  disabilities,
commission  on  quality  of  care  for the mentally disabled, office [of
mental retardation and]  FOR  PEOPLE  WITH  developmental  disabilities,

S. 542                              3

commission  for the blind and visually handicapped, office of alcoholism
and substance abuse services, the office of the advocate for  the  disa-
bled  and all offices which administer programs established or funded by
such  agencies.  Additional state agencies designated as voter registra-
tion offices are the department of state and the  division  of  workers'
compensation.  Such  agencies shall be required to offer voter registra-
tion forms to persons upon initial application for services, renewal  or
recertification  for  services  and  change  of address relating to such
services. Such agencies shall also be responsible for providing  assist-
ance to applicants in completing voter registration forms, receiving and
transmitting the completed application form from all applicants who wish
to have such form transmitted to the appropriate board of elections. The
state  board  of  elections  shall, together with representatives of the
department of defense, develop and implement  procedures  for  including
recruitment  offices  of  the armed forces of the United States as voter
registration offices when such offices are so designated by federal law.
The state board shall also make request of the United States Immigration
and Naturalization Service to include applications for  registration  by
mail  with  any  materials which are given to new citizens.  [All insti-
tutions of the state university of New York and the city  university  of
New York, shall, at the beginning of the school year, and again in Janu-
ary  of  a  year  in  which  the president of the United States is to be
elected, provide an application for registration to each student in each
such institution.] The state board  of  elections  may,  by  regulation,
grant  a  waiver  from any or all of the requirements of this section to
any office or program  of  an  agency,  COLLEGE,  UNIVERSITY  OR  SCHOOL
DISTRICT,  if  it  determines that it is not feasible for such office or
program to administer such requirement.
  S 3. The opening paragraph of subdivision 8 of section  5-211  of  the
election  law, as amended by chapter 659 of the laws of 1994, is amended
to read as follows:
  Each participating agency, department, division or office  that  makes
available  voter registration forms pursuant to this section shall offer
with each application for the services or  assistance  of  such  agency,
department, division or office and with each recertification, renewal or
change  of address form relating to such service or assistance, a regis-
tration form together  with  instructions  relating  to  eligibility  to
register and for completing the form, except that COLLEGES, UNIVERSITIES
AND  SCHOOL  DISTRICTS  SHALL  DISTRIBUTE  VOTER  REGISTRATION  FORMS IN
ACCORDANCE WITH SUBDIVISION EIGHTEEN OF THIS SECTION, AND forms used  by
the  department  of  [social services] FAMILY ASSISTANCE for the initial
application for services, renewal or recertification  for  services  and
change of address relating to such services shall physically incorporate
a  voter  registration  application  in a fashion that permits the voter
registration portion of the agency form to be detached  therefrom.  Such
voter  registration  application  shall  be designed so as to ensure the
confidentiality of the source of the  application.    Included  on  each
participating  agency's  application  for services or assistance or on a
separate form shall be:
  S 4. Paragraph (g) of subdivision 5 of section 5-210 of  the  election
law,  as  amended by chapter 179 of the laws of 2005, is amended 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

S. 542                              4

SEVENTEEN 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.
  S  5. This act shall take effect July 1, 2011; provided, however, that
the provisions of this act shall only apply to school districts  on  and
after July 1, 2012.

Co-Sponsors

view additional co-sponsors

S542A - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §§5-211, 5-210 & 5-500, add §5-507, El L
Versions Introduced in 2009-2010 Legislative Session:
S1872C

S542A - Bill Texts

view summary

Provides for the provision of voter registration forms to students by colleges, universities and public school districts; authorizes the pre-registration to vote of 16 year olds.

view sponsor memo
BILL NUMBER:S542A

TITLE OF BILL:
An act
to amend the election law, in relation to voter registration and
enrollment

PURPOSE:
Improves access to voter registration materials and information for
high school and college students.

SUMMARY OF PROVISIONS:
Section 1 amends § 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public school districts
to make voter registration forms available to eligible students
within 3 weeks of the start of the first semester of the school year,
designate a location for distribution of and assistance with such
forms, and to submit any forms collected to the local board of
elections. Also requires information to be posted on school websites
and distribution of coded voter registration forms by the board of
elections.

Section 2 amends § 5-211 of the election law to add public school
districts, colleges and universities to the list of agencies and
offices subject to the provisions of Motor Voter, with duties and
obligations set forth in subdivision 18.

Section 3 amends subdivision 8 of § 5-211 of the election law to add
public school districts, colleges and universities to the list of
agencies and offices subject to the provisions of Motor Voter, with
duties and obligations set forth in subdivision 18.

Section 4 amends notification under paragraph (g) of subdivision 5 of
§ 5-210 of the election law to provide that an applicant who submits
a applicant to register to vote must be at least 17 years of age at
the time of submission.

Section 5 amends paragraph o of subdivision 4 of section § 5-500 and
adds a new paragraph p to add a new question to voter registration
application verifying that the applicant is at least 17 years of age
at the time of submission.

Section 6 adds a new § 5-507 of the election law to provide that a
person who is at least seventeen years of age and otherwise qualified
to register to vote may pre-register and become automatically
registered upon reaching the age of eligibility, following
verification of the person's qualifications and address.

Section 7 provides an effective date of July 1, 2010 for college and
universities, and July 1, 2011 for public school districts.

JUSTIFICATION:
According to the results of an 2007 study conducted by my office of
colleges in New York State, both public and private institutions are
remiss of Federal Law which requires them to make voter registration
forms readily accessible to enrolled students.


The report, Youth At the Polls: A Survey of Voter Registration at NYS
Colleges, surveyed over 60 schools across the state. Under a 1998
Amendment of the Higher Education Act, all colleges in good faith are
required to provide voter registration forms to students physically
on campus before the state's deadline for federal and gubernatorial
elections. New York State election law also requires every public
college and university (SUNY CUNY) to provide voter registration
forms to every student at the start of each academic year and in
January of presidential election years.

Despite a state and federal mandate, a quarter of public colleges
surveyed were not equipped to register students to vote. Only 50% of
private colleges made voter registration materials available on campus.

This bill would clarify the means by which colleges and universities
must satisfy their existing obligation to make voter registration
materials available to their students and make colleges, universities
and public schools participating agencies under Motor Voter.

Expanding the law to high schools and allowing 17-year-olds to
pre-register will allow New York to enroll more voters while they are
still in school, thereby increasing the likelihood of lifelong civic
engagement and strengthening our democracy.

This bill is put forth in the memory of the late Dr. Ray Seidelman,
who taught, mentored, and engaged students in politics at Sarah
Lawrence College for over twenty-five years. Sharing his belief in
the electoral process and grass roots democracy, he inspired his
students to actively participate in elections at all levels. Dr.
Seidelman's definition of democracy, "Democracy is not what we have,
it is what we aspire to be.
So dare to aspire to it, for in the process you become a democratic
citizen. It takes courage to live as a democratic citizen, and that's
why we fight for it; this will involve you in great risks, but it's
worth it because it will make you free." Ray believed in the
intrinsic value of political participation, for what it brings into
being within and between people joined in the struggle to create a
slightly more human life by pursuing justice, freedom, equality, and
democracy. He is known as a teacher linking theory with practice,
intellectual development with public-service learning, and political
theory with the duties and responsibilities of citizenship.

LEGISLATIVE HISTORY:
2008 - S.6169A - Referred to Elections
2009 - S.1872C - Referred to Elections

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect July 1, 2011; provided, however ,that the
provisions of this act shall only apply to school districts on and
after July 1, 2012.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 542--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, HUNT-
  LEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Elections -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the election law, in relation to voter registration  and
  enrollment

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

  Section 1. Section 5-211 of the election law is amended  by  adding  a
new subdivision 18 to read as follows:
  18.  ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY ELIGIBLE
STUDENTS IN THE SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
AND REGULATIONS AS ALL OTHER DESIGNATED AGENCIES; EXCEPT THAT A COLLEGE,
UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL NOT BE REQUIRED TO COLLECT OR
MAINTAIN FORMS CONTAINING AN INDIVIDUAL'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  SEVENTEEN  OF  THIS
SECTION.
  EACH COLLEGE, UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL PROVIDE EACH
ELIGIBLE  STUDENT  WITH A REGISTRATION FORM WITHIN THE FIRST THREE WEEKS
OF THE FIRST SEMESTER OF THE ACADEMIC YEAR OR SUCH  STUDENT'S  ENTRY  TO
SCHOOL  OR  ARRIVAL ON CAMPUS PURSUANT TO SUBDIVISIONS TWO, THREE, FOUR,
FIVE, SEVEN, NINE, ELEVEN, TWELVE AND FIFTEEN  OF  THIS  SECTION.  EVERY
COLLEGE,  UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL DESIGNATE AT LEAST
ONE CONVENIENT CAMPUS LOCATION WHERE STUDENTS MAY RECEIVE  VOTER  REGIS-
TRATION  FORMS  AND PERSONAL ASSISTANCE IN THE COMPLETION OF SUCH FORMS.
EACH COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL  PUBLICIZE  ITS
VOTER  REGISTRATION  SERVICES  PURSUANT  TO  SUBDIVISION  SEVEN  OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00647-04-1

S. 542--A                           2

SECTION, AND SHALL OFFER TO COLLECT AND TRANSMIT COMPLETED VOTER  REGIS-
TRATION  FORMS FROM STUDENTS TO THE LOCAL BOARD OF ELECTIONS PURSUANT TO
SUBDIVISIONS TWO, THREE, FIVE, NINE, ELEVEN, TWELVE AND FIFTEEN OF  THIS
SECTION.
  ANY COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT MAY ELECT TO SOLICIT
THE  ASSISTANCE  OF  ONE  OR  MORE  RECOGNIZED NON-PARTISAN CAMPUS BASED
ORGANIZATIONS OR STUDENT GROUPS  TO  ASSIST  IN  ITS  EFFORTS  TO  OFFER
PERSONAL  ASSISTANCE,  COLLECTION  AND TRANSMITTAL OF VOTER REGISTRATION
FORMS.
  IN ADDITION TO THE REQUIREMENTS OF SUBDIVISIONS TWO, FIVE AND EIGHT OF
THIS SECTION, ALL COLLEGES AND UNIVERSITIES OFFERING VOTER  REGISTRATION
SERVICES SHALL INFORM STUDENTS OF THEIR RIGHT TO COMPLETE A VOTER REGIS-
TRATION  FORM  FROM  THEIR  COLLEGE ADDRESS OR ANY ADDRESS AT WHICH SUCH
STUDENT MAY REGULARLY RESIDE WHEN NOT IN SCHOOL;  INFORM  STUDENTS  THAT
THEIR  DECISION TO REGISTER OR DECLINE TO REGISTER TO VOTE SHALL HAVE NO
BEARING ON THEIR COLLEGE OR UNIVERSITY RECORD; AND  NOTWITHSTANDING  THE
PROVISIONS  OF  SUBDIVISION  NINE  OF THIS SECTION, SHALL NOT INQUIRE OR
KEEP RECORDS PERTAINING TO ANY STUDENT'S ELIGIBILITY TO VOTE.
  IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF THIS  SECTION,
ALL  COLLEGES,  UNIVERSITIES  AND  PUBLIC SCHOOL DISTRICTS SHALL PLACE A
PROMINENT LINK ON THEIR INTERNET WEBSITES TO THE APPROPRIATE PAGE OF THE
INTERNET WEBSITE OF  THE  STATE  BOARD  OF  ELECTIONS  OR  THE  NATIONAL
ELECTION ASSISTANCE COMMISSION FOR INDIVIDUALS TO LEARN ABOUT THE QUALI-
FICATIONS TO VOTE, AND TO DOWNLOAD VOTER REGISTRATION FORMS, EXCEPT THAT
FOR  COLLEGES  AND UNIVERSITIES IN THE CITY OF NEW YORK AND FOR THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK SUCH LINK SHALL BE TO THE APPRO-
PRIATE PAGE OF THE INTERNET WEBSITE  OF  THE  NEW  YORK  CITY  BOARD  OF
ELECTIONS.    SUCH  LINKS SHALL BE PROMINENTLY FEATURED DURING THE FIRST
AND LAST THREE WEEKS OF THE ACADEMIC YEAR, AND TWO WEEKS IN  ADVANCE  OF
STATE  REGISTRATION  DEADLINES  PURSUANT TO SUBDIVISION THREE OF SECTION
5-210 OF THIS TITLE.
  THE STATE BOARD OF ELECTIONS AND, IN THE CITY OF  NEW  YORK,  THE  NEW
YORK CITY BOARD OF ELECTIONS SHALL MAKE AVAILABLE TO COLLEGES, UNIVERSI-
TIES AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGISTRA-
TION  APPLICATIONS  THAT  IDENTIFY  EACH SUCH APPLICATION AS ORIGINATING
FROM EITHER A COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT.  THE  STATE
BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO ANY COLLEGE, UNIVERSITY
OR  SCHOOL  DISTRICT  WITHIN THE STATE WHICH SUBMITS A REQUEST THEREFOR,
EXCEPT THAT THE NEW YORK CITY  BOARD  OF  ELECTIONS  SHALL  PROVIDE  AND
DELIVER  SUCH  FORMS  TO  ANY  REQUESTING  UNIVERSITY, COLLEGE OR SCHOOL
DISTRICT LOCATED IN THE CITY OF NEW YORK.
  EVERY BOARD OF  ELECTIONS  SCANNING  VOTER  REGISTRATION  FORMS  SHALL
CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT THEM ON A MONTHLY
BASIS TO THE STATE BOARD OF ELECTIONS.
  S  2.  The  opening paragraph of section 5-211 of the election law, as
amended by chapter 200 of the laws  of  1996,  is  amended  to  read  as
follows:
  Each  agency designated as a participating agency under the provisions
of this section, AND COLLEGE,  UNIVERSITY  AND  SCHOOL  DISTRICT,  shall
implement and administer a program of distribution of voter registration
forms  pursuant to the provisions of this section. The following offices
which provide public assistance and/or  provide  state  funded  programs
primarily engaged in providing services to persons with disabilities are
hereby  designated  as  voter registration agencies:   designated as the
state agencies which provide public assistance  are  the  department  of

S. 542--A                           3

[social  services] FAMILY ASSISTANCE and the department of health.  Also
designated as public assistance  agencies  are  all  agencies  of  local
government  that  provide  such assistance. Designated as state agencies
that  provide programs primarily engaged in providing services to people
with disabilities are the department of labor,  office  for  the  aging,
division  of veterans' affairs, office of mental health, office of voca-
tional and  educational  services  for  individuals  with  disabilities,
commission  on  quality  of  care  for the mentally disabled, office [of
mental retardation and]  FOR  PEOPLE  WITH  developmental  disabilities,
commission  for the blind and visually handicapped, office of alcoholism
and substance abuse services, the office of the advocate for  the  disa-
bled  and all offices which administer programs established or funded by
such agencies. Additional state agencies designated as  voter  registra-
tion  offices  are  the department of state and the division of workers'
compensation. Such agencies shall be required to offer  voter  registra-
tion  forms to persons upon initial application for services, renewal or
recertification for services and change  of  address  relating  to  such
services.  Such agencies shall also be responsible for providing assist-
ance to applicants in completing voter registration forms, receiving and
transmitting the completed application form from all applicants who wish
to have such form transmitted to the appropriate board of elections. The
state board of elections shall, together  with  representatives  of  the
department  of  defense,  develop and implement procedures for including
recruitment offices of the armed forces of the United  States  as  voter
registration offices when such offices are so designated by federal law.
The state board shall also make request of the United States Immigration
and  Naturalization  Service to include applications for registration by
mail with any materials which are given to new citizens.    [All  insti-
tutions  of  the state university of New York and the city university of
New York, shall, at the beginning of the school year, and again in Janu-
ary of a year in which the president of  the  United  States  is  to  be
elected, provide an application for registration to each student in each
such  institution.]  The  state  board  of elections may, by regulation,
grant a waiver from any or all of the requirements of  this  section  to
any  office  or  program  of  an  agency,  COLLEGE, UNIVERSITY OR SCHOOL
DISTRICT, if it determines that it is not feasible for  such  office  or
program to administer such requirement.
  S  3.  The  opening paragraph of subdivision 8 of section 5-211 of the
election law, as amended by chapter 659 of the laws of 1994, is  amended
to read as follows:
  Each  participating  agency, department, division or office that makes
available voter registration forms pursuant to this section shall  offer
with  each  application  for  the services or assistance of such agency,
department, division or office and with each recertification, renewal or
change of address form relating to such service or assistance, a  regis-
tration  form  together  with  instructions  relating  to eligibility to
register and for completing the form, except that COLLEGES, UNIVERSITIES
AND SCHOOL  DISTRICTS  SHALL  DISTRIBUTE  VOTER  REGISTRATION  FORMS  IN
ACCORDANCE  WITH SUBDIVISION EIGHTEEN OF THIS SECTION, AND forms used by
the department of [social services] FAMILY ASSISTANCE  for  the  initial
application  for  services,  renewal or recertification for services and
change of address relating to such services shall physically incorporate
a voter registration application in a fashion  that  permits  the  voter
registration  portion  of the agency form to be detached therefrom. Such
voter registration application shall be designed so  as  to  ensure  the
confidentiality  of  the  source  of the application.   Included on each

S. 542--A                           4

participating agency's application for services or assistance  or  on  a
separate form shall be:
  S  4.  Paragraph (g) of subdivision 5 of section 5-210 of the election
law, as amended by chapter 179 of the laws of 2005, is amended  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
SEVENTEEN 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.
  S  5.    Paragraph o of subdivision 4 of section 5-500 of the election
law, as amended by chapter 659 of the laws of 1994, is amended and a new
paragraph p is added to read as follows:
  o. A space for "remarks" regarding other facts required by this  chap-
ter to be recorded or appropriate to identify the voter[.]; AND
  P.  A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
QUESTION:  "ARE  YOU AT LEAST SEVENTEEN YEARS OF AGE AND UNDERSTAND THAT
YOU MUST BE EIGHTEEN YEARS OF AGE ON OR BEFORE ELECTION DAY TO VOTE, AND
THAT UNTIL YOU REACH THE AGE OF EIGHTEEN YEARS YOUR REGISTRATION WILL BE
MARKED AS PENDING AND YOU WILL  BE  UNABLE  TO  CAST  A  BALLOT  IN  ANY
ELECTION?".
  S 6. The election law is amended by adding a new section 5-507 to read
as follows:
  S  5-507.  VOTER  PRE-REGISTRATION. A PERSON WHO IS AT LEAST SEVENTEEN
YEARS OF AGE AND WHO IS OTHERWISE QUALIFIED  TO  REGISTER  TO  VOTE  MAY
PRE-REGISTER  TO VOTE, AND SHALL BE AUTOMATICALLY REGISTERED UPON REACH-
ING THE AGE OF ELIGIBILITY, FOLLOWING VERIFICATION OF THE PERSON'S QUAL-
IFICATIONS AND ADDRESS.
  S 7. This act shall take effect July 1, 2011; provided, however,  that
the  provisions  of this act shall only apply to school districts on and
after July 1, 2012.

Co-Sponsors

view additional co-sponsors

S542B - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §§5-211, 5-210 & 5-500, add §5-507, El L
Versions Introduced in 2009-2010 Legislative Session:
S1872C

S542B - Bill Texts

view summary

Provides for the provision of voter registration forms to students by colleges, universities and public school districts; authorizes the pre-registration to vote of 16 year olds.

view sponsor memo
BILL NUMBER:S542B

TITLE OF BILL:
An act
to amend the election law, in relation to voter registration and
enrollment

PURPOSE:
Improves access to voter registration materials and information for
high school and college students.

SUMMARY OF PROVISIONS:
Section 1 amends § 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public school districts
to make voter registration forms available to eligible students
within 3 weeks of the start of the first semester of the school year,
designate a location for distribution of and assistance with such
forms, and to submit any forms collected to the local board of
elections. Also requires information to be posted on school websites
and distribution of coded voter registration forms by the board of
elections.

Section 2 amends § 5-211 of the election law to add public school
districts, colleges and universities to the list of agencies and
offices subject to the provisions of Motor Voter, with duties and
obligations set forth in subdivision 18.

Section 3 amends subdivision 8 of § 5-211 of the election law to add
public school districts, colleges and universities to the list of
agencies and offices subject to the provisions of Motor Voter, with
duties and obligations set forth in subdivision 18.

Section 4 amends notification under paragraph (g) of subdivision 5 of
§ 5-210 of the election law to provide that an applicant who submits
a applicant to register to vote must be at least 17 years of age at
the time of submission.

Section 5 amends paragraph o of subdivision 4 of section § 5-500 and
adds a new paragraph p to add a new question to voter registration
application verifying that the applicant is at least 17 years of age
at the time of submission.

Section 6 adds a new § 5-507 of the election law to provide that a
person who is at least seventeen years of age and otherwise qualified
to register to vote may pre-register and become automatically
registered upon reaching the age of eligibility, following
verification of the person's qualifications and address.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect July 1, 2012; provided, however, that the
provisions of this act shall only apply to school districts on and
after July 1, 2013.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 542--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, HUNT-
  LEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Elections -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  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, in relation to voter registration and
  enrollment

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

  Section  1.  Section  5-211 of the election law is amended by adding a
new subdivision 18 to read as follows:
  18. ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED  IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY ELIGIBLE
STUDENTS IN THE SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
AND REGULATIONS AS ALL OTHER DESIGNATED AGENCIES; EXCEPT THAT A COLLEGE,
UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL NOT BE REQUIRED TO COLLECT OR
MAINTAIN  FORMS  CONTAINING  AN  INDIVIDUAL'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 SEVENTEEN OF THIS
SECTION.
  EACH COLLEGE, UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL PROVIDE EACH
ELIGIBLE STUDENT WITH A REGISTRATION FORM WITHIN THE FIRST  THREE  WEEKS
OF  THE  FIRST  SEMESTER OF THE ACADEMIC YEAR OR SUCH STUDENT'S ENTRY TO
SCHOOL OR ARRIVAL ON CAMPUS PURSUANT TO SUBDIVISIONS TWO,  THREE,  FOUR,
FIVE,  SEVEN,  NINE,  ELEVEN,  TWELVE AND FIFTEEN OF THIS SECTION. EVERY
COLLEGE, UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL DESIGNATE AT  LEAST
ONE  CONVENIENT  CAMPUS LOCATION WHERE STUDENTS MAY RECEIVE VOTER REGIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00647-10-2

S. 542--B                           2

TRATION FORMS AND PERSONAL ASSISTANCE IN THE COMPLETION OF  SUCH  FORMS.
EACH  COLLEGE,  UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL PUBLICIZE ITS
VOTER REGISTRATION  SERVICES  PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
SECTION,  AND SHALL OFFER TO COLLECT AND TRANSMIT COMPLETED VOTER REGIS-
TRATION FORMS FROM STUDENTS TO THE LOCAL BOARD OF ELECTIONS PURSUANT  TO
SUBDIVISIONS  TWO, THREE, FIVE, NINE, ELEVEN, TWELVE AND FIFTEEN OF THIS
SECTION.
  ANY COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT MAY ELECT TO SOLICIT
THE ASSISTANCE OF ONE  OR  MORE  RECOGNIZED  NON-PARTISAN  CAMPUS  BASED
ORGANIZATIONS  OR  STUDENT  GROUPS  TO  ASSIST  IN  ITS EFFORTS TO OFFER
PERSONAL ASSISTANCE, COLLECTION AND TRANSMITTAL  OF  VOTER  REGISTRATION
FORMS.
  IN ADDITION TO THE REQUIREMENTS OF SUBDIVISIONS TWO, FIVE AND EIGHT OF
THIS  SECTION, ALL COLLEGES AND UNIVERSITIES OFFERING VOTER REGISTRATION
SERVICES SHALL INFORM STUDENTS OF THEIR RIGHT TO COMPLETE A VOTER REGIS-
TRATION FORM FROM THEIR COLLEGE ADDRESS OR ANY  ADDRESS  AT  WHICH  SUCH
STUDENT  MAY  REGULARLY  RESIDE WHEN NOT IN SCHOOL; INFORM STUDENTS THAT
THEIR DECISION TO REGISTER OR DECLINE TO REGISTER TO VOTE SHALL HAVE  NO
BEARING  ON  THEIR COLLEGE OR UNIVERSITY RECORD; AND NOTWITHSTANDING THE
PROVISIONS OF SUBDIVISION NINE OF THIS SECTION,  SHALL  NOT  INQUIRE  OR
KEEP RECORDS PERTAINING TO ANY STUDENT'S ELIGIBILITY TO VOTE.
  IN  ADDITION TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF THIS SECTION,
ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL  DISTRICTS  SHALL  PLACE  A
PROMINENT LINK ON THEIR INTERNET WEBSITES TO THE APPROPRIATE PAGE OF THE
INTERNET  WEBSITE  OF  THE  STATE  BOARD  OF  ELECTIONS  OR THE NATIONAL
ELECTION ASSISTANCE COMMISSION FOR INDIVIDUALS TO LEARN ABOUT THE QUALI-
FICATIONS TO VOTE, AND TO DOWNLOAD VOTER REGISTRATION FORMS, EXCEPT THAT
FOR COLLEGES AND UNIVERSITIES IN THE CITY OF NEW YORK AND FOR  THE  CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK SUCH LINK SHALL BE TO THE APPRO-
PRIATE  PAGE  OF  THE  INTERNET  WEBSITE  OF  THE NEW YORK CITY BOARD OF
ELECTIONS.  SUCH LINKS SHALL BE PROMINENTLY FEATURED  DURING  THE  FIRST
AND  LAST  THREE WEEKS OF THE ACADEMIC YEAR, AND TWO WEEKS IN ADVANCE OF
STATE REGISTRATION DEADLINES PURSUANT TO SUBDIVISION  THREE  OF  SECTION
5-210 OF THIS TITLE.
  THE  STATE  BOARD  OF  ELECTIONS AND, IN THE CITY OF NEW YORK, THE NEW
YORK CITY BOARD OF ELECTIONS SHALL MAKE AVAILABLE TO COLLEGES, UNIVERSI-
TIES AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGISTRA-
TION APPLICATIONS THAT IDENTIFY EACH  SUCH  APPLICATION  AS  ORIGINATING
FROM  EITHER A COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT.  THE STATE
BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO ANY COLLEGE, UNIVERSITY
OR SCHOOL DISTRICT WITHIN THE STATE WHICH SUBMITS  A  REQUEST  THEREFOR,
EXCEPT  THAT  THE  NEW  YORK  CITY  BOARD OF ELECTIONS SHALL PROVIDE AND
DELIVER SUCH FORMS TO  ANY  REQUESTING  UNIVERSITY,  COLLEGE  OR  SCHOOL
DISTRICT LOCATED IN THE CITY OF NEW YORK.
  EVERY  BOARD  OF  ELECTIONS  SCANNING  VOTER  REGISTRATION FORMS SHALL
CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT THEM ON A MONTHLY
BASIS TO THE STATE BOARD OF ELECTIONS.
  S 2. The opening paragraph of section 5-211 of the  election  law,  as
amended  by  chapter  200  of  the  laws  of 1996, is amended to read as
follows:
  Each agency designated as a participating agency under the  provisions
of  this  section,  AND  COLLEGE,  UNIVERSITY AND SCHOOL DISTRICT, shall
implement and administer a program of distribution of voter registration
forms pursuant to the provisions of this section. The following  offices
which  provide  public  assistance  and/or provide state funded programs

S. 542--B                           3

primarily engaged in providing services to persons with disabilities are
hereby designated as voter registration agencies:    designated  as  the
state  agencies  which  provide  public assistance are the department of
[social  services] FAMILY ASSISTANCE and the department of health.  Also
designated as public assistance  agencies  are  all  agencies  of  local
government  that  provide  such assistance. Designated as state agencies
that provide programs primarily engaged in providing services to  people
with  disabilities  are  the  department of labor, office for the aging,
division of veterans' affairs, office of mental health, office of  voca-
tional  and  educational  services  for  individuals  with disabilities,
commission on quality of care for  the  mentally  disabled,  office  [of
mental  retardation  and]  FOR  PEOPLE  WITH developmental disabilities,
commission for the blind and visually handicapped, office of  alcoholism
and  substance  abuse services, the office of the advocate for the disa-
bled and all offices which administer programs established or funded  by
such  agencies.  Additional state agencies designated as voter registra-
tion offices are the department of state and the  division  of  workers'
compensation.  Such  agencies shall be required to offer voter registra-
tion forms to persons upon initial application for services, renewal  or
recertification  for  services  and  change  of address relating to such
services. Such agencies shall also be responsible for providing  assist-
ance to applicants in completing voter registration forms, receiving and
transmitting the completed application form from all applicants who wish
to have such form transmitted to the appropriate board of elections. The
state  board  of  elections  shall, together with representatives of the
department of defense, develop and implement  procedures  for  including
recruitment  offices  of  the armed forces of the United States as voter
registration offices when such offices are so designated by federal law.
The state board shall also make request of the United States Immigration
and Naturalization Service to include applications for  registration  by
mail  with  any  materials which are given to new citizens.  [All insti-
tutions of the state university of New York and the city  university  of
New York, shall, at the beginning of the school year, and again in Janu-
ary  of  a  year  in  which  the president of the United States is to be
elected, provide an application for registration to each student in each
such institution.] The state board  of  elections  may,  by  regulation,
grant  a  waiver  from any or all of the requirements of this section to
any office or program  of  an  agency,  COLLEGE,  UNIVERSITY  OR  SCHOOL
DISTRICT,  if  it  determines that it is not feasible for such office or
program to administer such requirement.
  S 3. The opening paragraph of subdivision 8 of section  5-211  of  the
election  law, as amended by chapter 659 of the laws of 1994, is amended
to read as follows:
  Each participating agency, department, division or office  that  makes
available  voter registration forms pursuant to this section shall offer
with each application for the services or  assistance  of  such  agency,
department, division or office and with each recertification, renewal or
change  of address form relating to such service or assistance, a regis-
tration form together  with  instructions  relating  to  eligibility  to
register and for completing the form, except that COLLEGES, UNIVERSITIES
AND  SCHOOL  DISTRICTS  SHALL  DISTRIBUTE  VOTER  REGISTRATION  FORMS IN
ACCORDANCE WITH SUBDIVISION EIGHTEEN OF THIS SECTION, AND forms used  by
the  department  of  [social services] FAMILY ASSISTANCE for the initial
application for services, renewal or recertification  for  services  and
change of address relating to such services shall physically incorporate
a  voter  registration  application  in a fashion that permits the voter

S. 542--B                           4

registration portion of the agency form to be detached  therefrom.  Such
voter  registration  application  shall  be designed so as to ensure the
confidentiality of the source of the  application.    Included  on  each
participating  agency's  application  for services or assistance or on a
separate form shall be:
  S 4. Paragraph (g) of subdivision 5 of section 5-210 of  the  election
law,  as  amended by chapter 179 of the laws of 2005, is amended 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
SEVENTEEN 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.
  S 5.  Paragraph o of subdivision 4 of section 5-500  of  the  election
law, as amended by chapter 659 of the laws of 1994, is amended and a new
paragraph p is added to read as follows:
  o.  A space for "remarks" regarding other facts required by this chap-
ter to be recorded or appropriate to identify the voter[.]; AND
  P.  A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
QUESTION: "ARE YOU AT LEAST SEVENTEEN YEARS OF AGE AND  UNDERSTAND  THAT
YOU MUST BE EIGHTEEN YEARS OF AGE ON OR BEFORE ELECTION DAY TO VOTE, AND
THAT UNTIL YOU REACH THE AGE OF EIGHTEEN YEARS YOUR REGISTRATION WILL BE
MARKED  AS  PENDING  AND  YOU  WILL  BE  UNABLE  TO CAST A BALLOT IN ANY
ELECTION?".
  S 6. The election law is amended by adding a new section 5-507 to read
as follows:
  S 5-507. VOTER PRE-REGISTRATION. A PERSON WHO IS  AT  LEAST  SEVENTEEN
YEARS  OF  AGE  AND  WHO  IS OTHERWISE QUALIFIED TO REGISTER TO VOTE MAY
PRE-REGISTER TO VOTE, AND SHALL BE AUTOMATICALLY REGISTERED UPON  REACH-
ING THE AGE OF ELIGIBILITY, FOLLOWING VERIFICATION OF THE PERSON'S QUAL-
IFICATIONS AND ADDRESS.
  S  7. This act shall take effect July 1, 2012; provided, however, that
the provisions of this act shall only apply to school districts  on  and
after July 1, 2013.

Co-Sponsors

view additional co-sponsors

S542C (ACTIVE) - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §§5-211, 5-210 & 5-500, add §5-507, El L
Versions Introduced in 2009-2010 Legislative Session:
S1872C

S542C (ACTIVE) - Bill Texts

view summary

Provides for the provision of voter registration forms to students by colleges, universities and public school districts; authorizes the pre-registration to vote of 16 year olds.

view sponsor memo
BILL NUMBER:S542C

TITLE OF BILL:
An act
to amend the election law, in relation to voter registration and
enrollment

PURPOSE:
Improves access to voter registration materials and information for
high school and college students.

SUMMARY OF PROVISIONS:
Section 1 amends § 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public school districts
to make voter registration forms available to eligible students
within 3 weeks of the start of the first semester of the school year,
designate a location for distribution of and assistance with such
forms, and to submit any forms collected to the local board of
elections. Also requires information to be posted on school websites
and distribution of coded voter registration forms by the board of
elections.

Section 2 amends § 5-211 of the election law to add public school
districts, colleges and universities to the list of agencies and
offices subject to the provisions of Motor Voter, with duties and
obligations set forth in subdivision 18.

Section 3 amends subdivision 8 of § 5-211 of the election law to add
public school districts, colleges and universities to the list of
agencies and offices subject to the provisions of Motor Voter, with
duties and obligations set forth in subdivision 18.

Section 4 amends notification under paragraph (g) of subdivision 5 of
§ 5-210 of the election law to provide that an applicant who submits
a applicant to register to vote must be at least 16 years of age at
the time of submission.

Section 5 amends paragraph 0 of subdivision 4 of section § 5-500 and
adds a new paragraph p to add a new question to voter registration
application verifying that the applicant is at least 16 years of age
at the time of submission.

Section 6 adds a new § 5-507 of the election law to provide that a
person who is at least sixteen years of age and otherwise qualified
to register to vote may pre-register and become automatically
registered upon reaching the age of eligibility, following
verification of the person's qualifications and address.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect July 1, 2012; provided, however, that the
provisions of this act shall only apply to school districts on and
after July 1, 2013.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 542--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, HUNT-
  LEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Elections -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  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 voter registration  and
  enrollment

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

  Section 1. Section 5-211 of the election law is amended  by  adding  a
new subdivision 18 to read as follows:
  18.  ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY ELIGIBLE
STUDENTS IN THE SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
AND REGULATIONS AS ALL OTHER DESIGNATED AGENCIES; EXCEPT THAT A COLLEGE,
UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL NOT BE REQUIRED TO COLLECT OR
MAINTAIN FORMS CONTAINING AN INDIVIDUAL'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  SEVENTEEN  OF  THIS
SECTION.
  EACH COLLEGE, UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL PROVIDE EACH
ELIGIBLE  STUDENT  WITH A REGISTRATION FORM WITHIN THE FIRST THREE WEEKS
OF THE FIRST SEMESTER OF THE ACADEMIC YEAR OR SUCH  STUDENT'S  ENTRY  TO
SCHOOL  OR  ARRIVAL ON CAMPUS PURSUANT TO SUBDIVISIONS TWO, THREE, FOUR,
FIVE, SEVEN, NINE, ELEVEN, TWELVE AND FIFTEEN  OF  THIS  SECTION.  EVERY
COLLEGE,  UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL DESIGNATE AT LEAST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00647-15-2

S. 542--C                           2

ONE CONVENIENT CAMPUS LOCATION WHERE STUDENTS MAY RECEIVE  VOTER  REGIS-
TRATION  FORMS  AND PERSONAL ASSISTANCE IN THE COMPLETION OF SUCH FORMS.
EACH COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL  PUBLICIZE  ITS
VOTER  REGISTRATION  SERVICES  PURSUANT  TO  SUBDIVISION  SEVEN  OF THIS
SECTION, AND SHALL OFFER TO COLLECT AND TRANSMIT COMPLETED VOTER  REGIS-
TRATION  FORMS FROM STUDENTS TO THE LOCAL BOARD OF ELECTIONS PURSUANT TO
SUBDIVISIONS TWO, THREE, FIVE, NINE, ELEVEN, TWELVE AND FIFTEEN OF  THIS
SECTION.
  ANY COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT MAY ELECT TO SOLICIT
THE  ASSISTANCE  OF  ONE  OR  MORE  RECOGNIZED NON-PARTISAN CAMPUS BASED
ORGANIZATIONS OR STUDENT GROUPS  TO  ASSIST  IN  ITS  EFFORTS  TO  OFFER
PERSONAL  ASSISTANCE,  COLLECTION  AND TRANSMITTAL OF VOTER REGISTRATION
FORMS.
  IN ADDITION TO THE REQUIREMENTS OF SUBDIVISIONS TWO, FIVE AND EIGHT OF
THIS SECTION, ALL COLLEGES AND UNIVERSITIES OFFERING VOTER  REGISTRATION
SERVICES SHALL INFORM STUDENTS OF THEIR RIGHT TO COMPLETE A VOTER REGIS-
TRATION  FORM  FROM  THEIR  COLLEGE ADDRESS OR ANY ADDRESS AT WHICH SUCH
STUDENT MAY REGULARLY RESIDE WHEN NOT IN SCHOOL;  INFORM  STUDENTS  THAT
THEIR  DECISION TO REGISTER OR DECLINE TO REGISTER TO VOTE SHALL HAVE NO
BEARING ON THEIR COLLEGE OR UNIVERSITY RECORD; AND  NOTWITHSTANDING  THE
PROVISIONS  OF  SUBDIVISION  NINE  OF THIS SECTION, SHALL NOT INQUIRE OR
KEEP RECORDS PERTAINING TO ANY STUDENT'S ELIGIBILITY TO VOTE.
  IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF THIS  SECTION,
ALL  COLLEGES,  UNIVERSITIES  AND  PUBLIC SCHOOL DISTRICTS SHALL PLACE A
PROMINENT LINK ON THEIR INTERNET WEBSITES TO THE APPROPRIATE PAGE OF THE
INTERNET WEBSITE OF  THE  STATE  BOARD  OF  ELECTIONS  OR  THE  NATIONAL
ELECTION ASSISTANCE COMMISSION FOR INDIVIDUALS TO LEARN ABOUT THE QUALI-
FICATIONS TO VOTE, AND TO DOWNLOAD VOTER REGISTRATION FORMS, EXCEPT THAT
FOR  COLLEGES  AND UNIVERSITIES IN THE CITY OF NEW YORK AND FOR THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK SUCH LINK SHALL BE TO THE APPRO-
PRIATE PAGE OF THE INTERNET WEBSITE  OF  THE  NEW  YORK  CITY  BOARD  OF
ELECTIONS.    SUCH  LINKS SHALL BE PROMINENTLY FEATURED DURING THE FIRST
AND LAST THREE WEEKS OF THE ACADEMIC YEAR, AND TWO WEEKS IN  ADVANCE  OF
STATE  REGISTRATION  DEADLINES  PURSUANT TO SUBDIVISION THREE OF SECTION
5-210 OF THIS TITLE.
  THE STATE BOARD OF ELECTIONS AND, IN THE CITY OF  NEW  YORK,  THE  NEW
YORK CITY BOARD OF ELECTIONS SHALL MAKE AVAILABLE TO COLLEGES, UNIVERSI-
TIES AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGISTRA-
TION  APPLICATIONS  THAT  IDENTIFY  EACH SUCH APPLICATION AS ORIGINATING
FROM EITHER A COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT.  THE  STATE
BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO ANY COLLEGE, UNIVERSITY
OR  SCHOOL  DISTRICT  WITHIN THE STATE WHICH SUBMITS A REQUEST THEREFOR,
EXCEPT THAT THE NEW YORK CITY  BOARD  OF  ELECTIONS  SHALL  PROVIDE  AND
DELIVER  SUCH  FORMS  TO  ANY  REQUESTING  UNIVERSITY, COLLEGE OR SCHOOL
DISTRICT LOCATED IN THE CITY OF NEW YORK.
  EVERY BOARD OF  ELECTIONS  SCANNING  VOTER  REGISTRATION  FORMS  SHALL
CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT THEM ON A MONTHLY
BASIS TO THE STATE BOARD OF ELECTIONS.
  S  2.  The  opening paragraph of section 5-211 of the election law, as
amended by chapter 200 of the laws  of  1996,  is  amended  to  read  as
follows:
  Each  agency designated as a participating agency under the provisions
of this section, AND COLLEGE,  UNIVERSITY  AND  SCHOOL  DISTRICT,  shall
implement and administer a program of distribution of voter registration
forms  pursuant to the provisions of this section. The following offices

S. 542--C                           3

which provide public assistance and/or  provide  state  funded  programs
primarily engaged in providing services to persons with disabilities are
hereby  designated  as  voter registration agencies:   designated as the
state  agencies  which  provide  public assistance are the department of
[social services] FAMILY ASSISTANCE and the department of health.   Also
designated  as  public  assistance  agencies  are  all agencies of local
government that provide such assistance. Designated  as  state  agencies
that  provide programs primarily engaged in providing services to people
with disabilities are the department of labor,  office  for  the  aging,
division  of veterans' affairs, office of mental health, office of voca-
tional and  educational  services  for  individuals  with  disabilities,
commission  on  quality  of  care  for the mentally disabled, office [of
mental retardation and]  FOR  PEOPLE  WITH  developmental  disabilities,
commission  for the blind and visually handicapped, office of alcoholism
and substance abuse services, the office of the advocate for  the  disa-
bled  and all offices which administer programs established or funded by
such agencies. Additional state agencies designated as  voter  registra-
tion  offices  are  the department of state and the division of workers'
compensation. Such agencies shall be required to offer  voter  registra-
tion  forms to persons upon initial application for services, renewal or
recertification for services and change  of  address  relating  to  such
services.  Such agencies shall also be responsible for providing assist-
ance to applicants in completing voter registration forms, receiving and
transmitting the completed application form from all applicants who wish
to have such form transmitted to the appropriate board of elections. The
state board of elections shall, together  with  representatives  of  the
department  of  defense,  develop and implement procedures for including
recruitment offices of the armed forces of the United  States  as  voter
registration offices when such offices are so designated by federal law.
The state board shall also make request of the United States Immigration
and  Naturalization  Service to include applications for registration by
mail with any materials which are given to new citizens.    [All  insti-
tutions  of  the state university of New York and the city university of
New York, shall, at the beginning of the school year, and again in Janu-
ary of a year in which the president of  the  United  States  is  to  be
elected, provide an application for registration to each student in each
such  institution.]  The  state  board  of elections may, by regulation,
grant a waiver from any or all of the requirements of  this  section  to
any  office  or  program  of  an  agency,  COLLEGE, UNIVERSITY OR SCHOOL
DISTRICT, if it determines that it is not feasible for  such  office  or
program to administer such requirement.
  S  3.  The  opening paragraph of subdivision 8 of section 5-211 of the
election law, as amended by chapter 659 of the laws of 1994, is  amended
to read as follows:
  Each  participating  agency, department, division or office that makes
available voter registration forms pursuant to this section shall  offer
with  each  application  for  the services or assistance of such agency,
department, division or office and with each recertification, renewal or
change of address form relating to such service or assistance, a  regis-
tration  form  together  with  instructions  relating  to eligibility to
register and for completing the form, except that COLLEGES, UNIVERSITIES
AND SCHOOL  DISTRICTS  SHALL  DISTRIBUTE  VOTER  REGISTRATION  FORMS  IN
ACCORDANCE  WITH SUBDIVISION EIGHTEEN OF THIS SECTION, AND forms used by
the department of [social services] FAMILY ASSISTANCE  for  the  initial
application  for  services,  renewal or recertification for services and
change of address relating to such services shall physically incorporate

S. 542--C                           4

a voter registration application in a fashion  that  permits  the  voter
registration  portion  of the agency form to be detached therefrom. Such
voter registration application shall be designed so  as  to  ensure  the
confidentiality  of  the  source  of the application.   Included on each
participating agency's application for services or assistance  or  on  a
separate form shall be:
  S  4.  Paragraph (g) of subdivision 5 of section 5-210 of the election
law, as amended by chapter 179 of the laws of 2005, is amended  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.
  S 5.  Paragraph o of subdivision 4 of section 5-500  of  the  election
law, as amended by chapter 659 of the laws of 1994, is amended and a new
paragraph p is added to read as follows:
  o.  A space for "remarks" regarding other facts required by this chap-
ter to be recorded or appropriate to identify the voter[.]; AND
  P.  A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
QUESTION: "ARE YOU AT LEAST SIXTEEN YEARS OF AGE AND UNDERSTAND THAT YOU
MUST BE EIGHTEEN YEARS OF AGE ON OR BEFORE ELECTION  DAY  TO  VOTE,  AND
THAT UNTIL YOU REACH THE AGE OF EIGHTEEN YEARS YOUR REGISTRATION WILL BE
MARKED  AS  PENDING  AND  YOU  WILL  BE  UNABLE  TO CAST A BALLOT IN ANY
ELECTION?".
  S 6. The election law is amended by adding a new section 5-507 to read
as follows:
  S 5-507. VOTER PRE-REGISTRATION. A PERSON  WHO  IS  AT  LEAST  SIXTEEN
YEARS  OF  AGE  AND  WHO  IS OTHERWISE QUALIFIED TO REGISTER TO VOTE MAY
PRE-REGISTER TO VOTE, AND SHALL BE AUTOMATICALLY REGISTERED UPON  REACH-
ING THE AGE OF ELIGIBILITY, FOLLOWING VERIFICATION OF THE PERSON'S QUAL-
IFICATIONS AND ADDRESS.
  S  7. This act shall take effect July 1, 2012; provided, however, that
the provisions of this act shall only apply to school districts  on  and
after July 1, 2013.

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