S T A T E O F N E W Y O R K
________________________________________________________________________
1228--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. BING, KAVANAGH, REILLY, MILLMAN, SCHROEDER,
BROOK-KRASNY, WRIGHT, JAFFEE, DINOWITZ, ZEBROWSKI, GABRYSZAK, COOK,
MAISEL, SPANO, CASTRO, CAMARA, P. RIVERA, COLTON -- Multi-Sponsored by
-- M. of A. BRENNAN, GOTTFRIED, HEASTIE, JEFFRIES, McENENY, PEOPLES-
STOKES, N. RIVERA, RUSSELL, SWEENEY, WEISENBERG -- read once and
referred to the Committee on Election Law -- 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.
LBD00647-05-1
A. 1228--A 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
A. 1228--A 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
A. 1228--A 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, 2011; provided, however, that
the provisions of this act shall only apply to school districts on and
after July 1, 2012.