The New York State Senate

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

                                 2107--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, MILLMAN, BROOK-KRASNY, WRIGHT, JAFFEE,
  DINOWITZ, ZEBROWSKI, COOK, CAMARA, RIVERA,  COLTON,  ROBERTS,  HIKIND,
  ROSENTHAL,  CAHILL  --  Multi-Sponsored  by -- M. of A. BRENNAN, GOTT-
  FRIED, HEASTIE, PEOPLES-STOKES, PERRY, RUSSELL, SWEENEY --  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 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.

                                                           LBD03546-03-4

A. 2107--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  265  of  the  laws  of 2013, 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. 2107--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 office of chil-
dren and family services, the office of temporary and disability assist-
ance  and the department of health. Also designated as public assistance
agencies are all agencies of local government that provide such  assist-
ance.  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 vocational  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, office
of  alcoholism  and substance abuse services, the office of the advocate
for the disabled and all offices which administer  programs  established
or  funded  by  such  agencies.  Additional state agencies designated as
voter registration offices are the department of state and the  division
of workers' compensation. Such agencies shall be required to offer voter
registration  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
assistance to applicants in completing voter registration forms, receiv-
ing 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  represen-
tatives  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 citi-
zens. [All institutions 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 January 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. 2107--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
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, 2015; provided, however,  that
the  provisions  of this act shall only apply to school districts on and
after July 1, 2016.