S T A T E   O F   N E W   Y O R K
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                                  10370

                          I N  A S S E M B L Y

                              May 24, 2016
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Election Law

AN  ACT  to  amend  the  election law, in relation to enacting the Voter
  Enfranchisement Modernization Act of 2016; in relation to establishing
  the electronic personal voter registration process

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

  Section 1. Short title. This act shall be known as and may be cited as
the "Voter Enfranchisement Modernization Act of 2016 (VEMA)".
  S  2. Declaration of Legislative Intent. The right to vote is a funda-
mental right, the well-spring of all others, secured by the federal  and
state constitutions. On-line forms of communication and conducting tran-
sactions  did  not exist at the time New York's paper-based voter regis-
tration system was enacted. In the last twenty years,  many  paper-based
processes  have  migrated  to  on-line  processes,  including filing tax
returns, applying for social security benefits, routine  banking  trans-
actions, official communications and purchase transactions of all types.
This  on-line migration has improved cost efficiency, increased accessi-
bility and provided greater convenience to the public in many  contexts.
The  predominantly paper-based voter registration application process in
New York is antiquated and  must  be  supplemented  with  on-line  voter
registration.  To remove unnecessary burdens to the fundamental right of
the  people  to  vote,  the State Board of Elections shall establish the
Voter Enfranchisement Modernization Program for the purpose of  increas-
ing  opportunities for voter registration by any person who is qualified
to be a voter under Article II of the New York State Constitution.  This
effort  modernizes  voter  registration  and  supplements the methods of
voter registration provided under current law.
  S 3. Article 5 of the election law is amended by adding a new title  8
to read as follows:
                               TITLE VIII
             ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
SECTION 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM.
        5-802. ONLINE VOTER REGISTRATION APPLICATION.

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

                                                           LBD14567-02-6

A. 10370                            2

        5-804. FAILURE  TO  PROVIDE  EXEMPLAR  SIGNATURE  NOT TO PREVENT
                 REGISTRATION.
  S 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM. IN ADDITION
TO  ANY  OTHER MEANS OF VOTER REGISTRATION PROVIDED FOR BY THIS CHAPTER,
THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN  ELECTRONIC
VOTER REGISTRATION TRANSMITTAL SYSTEM THROUGH WHICH APPLICANTS MAY APPLY
TO  REGISTER  TO VOTE ONLINE.   THE STATE BOARD OF ELECTIONS SHALL ELEC-
TRONICALLY  TRANSMIT  SUCH  APPLICATIONS  TO  THE  APPLICABLE  BOARD  OF
ELECTIONS  OF EACH COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING
AND VERIFICATION CONSISTENT WITH THIS CHAPTER. IN ACCORDANCE WITH  TECH-
NICAL  SPECIFICATIONS  PROVIDED  BY  THE  STATE BOARD OF ELECTIONS, EACH
BOARD OF ELECTIONS SHALL MAINTAIN A VOTER REGISTRATION SYSTEM CAPABLE OF
RECEIVING AND PROCESSING  VOTER  REGISTRATION  APPLICATION  INFORMATION,
INCLUDING  ELECTRONIC SIGNATURES, FROM THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED BY THE STATE BOARD OF ELECTIONS. NOTWITH-
STANDING ANY OTHER INCONSISTENT PROVISION OF THIS CHAPTER,  APPLICATIONS
FILED  USING  SUCH  SYSTEM SHALL BE CONSIDERED FILED WITH THE APPLICABLE
BOARD OF ELECTIONS ON THE CALENDAR DATE  THE  APPLICATION  IS  INITIALLY
TRANSMITTED BY THE VOTER THROUGH THE ELECTRONIC VOTER REGISTRATION TRAN-
SMITTAL SYSTEM.
  S  5-802.  ONLINE  VOTER REGISTRATION APPLICATION. 1. A VOTER SHALL BE
ABLE TO APPLY TO REGISTER TO VOTE USING A PERSONAL ONLINE  VOTER  REGIS-
TRATION  APPLICATION SUBMITTED THROUGH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM WHEN THE VOTER:
  (A) COMPLETES AN ELECTRONIC VOTER REGISTRATION APPLICATION PROMULGATED
BY THE STATE BOARD OF ELECTIONS WHICH SHALL INCLUDE  ALL  OF  THE  VOTER
REGISTRATION INFORMATION REQUIRED BY SECTION 5-210 OF THIS ARTICLE; AND
  (B)  AFFIRMS, SUBJECT TO PENALTY OF PERJURY, BY MEANS OF ELECTRONIC OR
MANUAL SIGNATURE, THAT THE INFORMATION CONTAINED IN THE VOTER  REGISTRA-
TION  APPLICATION IS TRUE AND THAT THE APPLICANT MEETS ALL OF THE QUALI-
FICATIONS TO BECOME A REGISTERED VOTER; AND
  (C) CONSENTS TO THE USE OF AN  ELECTRONIC  COPY  OF  THE  INDIVIDUAL'S
MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT OF MOTOR VEHI-
CLES,  THE  STATE  BOARD  OF  ELECTIONS,  OR  OTHER AGENCY DESIGNATED BY
SECTIONS 5-211 OR 5-212 OF THIS TITLE, AS THE INDIVIDUAL'S VOTER  REGIS-
TRATION  EXEMPLAR  SIGNATURE,  OR  PROVIDES  SUCH  A SIGNATURE BY DIRECT
UPLOAD IN A MANNER THAT COMPLIES WITH  THE  NEW  YORK  STATE  ELECTRONIC
SIGNATURE  AND  RECORDS ACT AND THE RULES AND REGULATIONS PROMULGATED BY
THE STATE BOARD OF ELECTIONS.
  2. THE BOARD OF ELECTIONS SHALL  PROVIDE  THE  PERSONAL  ONLINE  VOTER
REGISTRATION  APPLICATION IN ANY LANGUAGE REQUIRED BY THE FEDERAL VOTING
RIGHTS ACT OF 1965 (52 U.S.C. SEC. 10503) IN ANY COUNTY IN THE STATE.
  3. THE ONLINE VOTER REGISTRATION  APPLICATION  PROCESS  SHALL  PROVIDE
REASONABLE  ACCOMMODATIONS  TO  IMPROVE  ACCESSIBILITY  FOR PERSONS WITH
DISABILITIES, AND SHALL BE  COMPATIBLE  FOR  USE  WITH  STANDARD  ONLINE
ACCESSIBILITY  ASSISTANCE  TOOLS  FOR  PERSONS  WITH VISUAL, PHYSICAL OR
PERCEPTIVE DISABILITIES.
  4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
FOR THE CREATION AND ADMINISTRATION  OF  AN  ONLINE  VOTER  REGISTRATION
SYSTEM PURSUANT TO THIS SECTION.
  S  5-804.  FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT  PROVIDED  BY
AN  APPLICANT  WHO  SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE AND SUCH SIGNATURE EXEMPLAR IS NOT OTHERWISE  AVAILABLE  FROM
THE  STATEWIDE  VOTER  REGISTRATION DATABASE OR A STATE OR LOCAL AGENCY,
THE LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT  THE

A. 10370                            3

APPLICATION,  PROCEED  TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL  SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A  SIGNATURE  FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON,  BY  MAIL  WITH  RETURN  POSTAGE  PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD  TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES  NOT  PROVIDE  THE  REQUIRED
EXEMPLAR  SIGNATURE,  WHEN  THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION  INDICAT-
ING  THE  VOTER'S  IDENTITY  HAS  NOT  YET  BEEN  VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
  S 4.  This act shall take effect on the earlier occurrence  of:    (i)
two years after it shall have become a law; provided, however, the state
board  of elections shall be authorized to implement necessary rules and
regulations and to take steps required to implement this act  immediate-
ly; or (ii) five days after the date of certification by the state board
of  elections that the information technology infrastructure to substan-
tially implement this act is functional.   Provided,  further  that  the
state  board  of  elections  shall  notify the legislative bill drafting
commission upon the occurrence  of  the  enactment  of  the  legislation
provided  for  in  this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating  the  provisions
of  section  44  of  the  legislative law and section 70-b of the public
officers law.