S T A T E   O F   N E W   Y O R K
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                                 1684--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, BOYLAND, CAHILL, ENGLEBRIGHT, GALEF,
  KELLNER, PAULIN,  MENG,  P. RIVERA,  ROBINSON,  ROSENTHAL,  WRIGHT  --
  Multi-Sponsored  by  -- M.  of A. BRENNAN, FARRELL, GOTTFRIED, LAVINE,
  LIFTON, LUPARDO, THIELE -- read once and referred to the Committee  on
  Election  Law  --  recommitted  to  the  Committee  on Election Law in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the election law, in relation to  allowing  for  polling
  place  voter  registration  for any qualified person who is not regis-
  tered to vote

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

  Section  1.  Section  5-210 of the election law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE  RELATING
TO REGISTRATION REQUIREMENTS, ANY QUALIFIED PERSON WHO IS NOT REGISTERED
IN  THIS  STATE  MAY APPLY PERSONALLY FOR REGISTRATION AND ENROLLMENT BY
APPEARING AT THE APPROPRIATE POLLING PLACE FOR THE ELECTION DISTRICT  IN
WHICH  HE  OR  SHE RESIDES ON THE DAY OF ANY PRIMARY, GENERAL OR SPECIAL
ELECTION DURING THE HOURS THAT SUCH POLLING PLACE IS OPEN FOR VOTING. TO
BE ELIGIBLE TO REGISTER PURSUANT TO  THIS  SUBDIVISION,  A  PERSON  MUST
PROVIDE  ACCEPTABLE  FORMS  OF  IDENTIFICATION CONTAINING PROOF OF RESI-
DENCE, AS DETERMINED BY STATE LAW IMPLEMENTING THE HELP  AMERICANS  VOTE
ACT  OF  2002  (PUBLIC LAW 107-252). ANY PERSON WHO SO REGISTERS TO VOTE
SHALL EXECUTE THE FOLLOWING INSTRUMENT IN  SUBSTANTIALLY  THE  FOLLOWING
FORM:
  "I,  (NAME), DO HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT, TO THE
BEST OF MY KNOWLEDGE, I AM A QUALIFIED VOTER, HAVING RESIDED  AT  (PLACE
OF  RESIDENCE)  FOR  AT  LEAST  THIRTY  DAYS  IMMEDIATELY PRECEDING THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04805-03-1

              

A. 1684--A                          2

ELECTION, THAT I AM NOT DISQUALIFIED ON ANY LEGAL  GROUNDS  FROM  VOTING
AND THAT I HAVE NOT ALREADY VOTED AT THIS ELECTION."
  (B)  IF  A REGISTRANT IS UNABLE TO PROVIDE VALID PROOF OF RESIDENCE AS
REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION, SUCH  REGISTRANT  MAY  BE
ALLOWED  TO  REGISTER  FOR AND VOTE IN ANY ELECTION BY AFFIDAVIT BALLOT.
SUCH AFFIDAVIT BALLOT SHALL NOT BE COUNTED UNTIL ELECTION OFFICIALS  CAN
DETERMINE SUCH REGISTRANT'S RESIDENCE AND ELIGIBILITY TO VOTE.
  (C)  THE  BOARD  OF  ELECTIONS  SHALL ESTABLISH A PROCEDURE BY WHICH A
PERSON WHO REGISTERS PURSUANT TO THIS SUBDIVISION MAY CAST  HIS  OR  HER
VOTE AT THE APPROPRIATE POLLING PLACE.
  S 2. This act shall take effect January 1, 2013.