S T A T E O F N E W Y O R K
________________________________________________________________________
394
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. DINOWITZ, KAVANAGH, JAFFEE, BUCHWALD, OTIS, SCAR-
BOROUGH -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, CLARK, COLTON,
GLICK, GOTTFRIED, GUNTHER, PERRY -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to designating the state
and city universities of New York as participating agencies for voter
registration form distribution and assistance, and permitting inde-
pendent institutions of higher education to do the same upon request
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 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
office of children and family services, the office of temporary and
disability 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 disabil-
ities 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01109-01-5
A. 394 2
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] PARTICIPATING
agencies designated as voter registration offices are the department of
state [and], the [division] DISTRICT OFFICES of THE workers' compen-
sation BOARD AND ALL INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK
AND THE CITY UNIVERSITY OF NEW YORK; AND ANY DEGREE-GRANTING INSTITUTION
OF HIGHER EDUCATION DESCRIBED IN ARTICLES ONE HUNDRED FIFTEEN, ONE
HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE HUNDRED TWENTY-SIX AND
ONE HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH ELECTS
TO BE A PARTICIPATING AGENCY BY FILING WITH THE STATE BOARD OF ELECTIONS
A NOTICE IN WHICH IT MAKES AN ELECTION. Such agencies shall be required
to offer voter registration forms to persons upon initial application
for services, FOR PARTICIPATION IN ACTIVITIES OR FOR USE OF FACILITIES,
AND UPON renewal or recertification for services and UPON change of
address relating to such services, PARTICIPATION IN ACTIVITIES OR USE OF
FACILITIES OF THE AGENCY. Such agencies shall also be responsible for
providing assistance 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 UNITED STATES 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 OF ELECTIONS
shall also make request of the United States [Immigration and Naturali-
zation Service] CITIZENSHIP AND IMMIGRATION SERVICES to include applica-
tions for registration by mail with any materials which are given to new
citizens. 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 VOTER 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, if it determines
that it is not feasible for such office or program to administer such
requirement.
S 2. Subdivision 4 of section 5-211 of the election law, as added by
chapter 659 of the laws of 1994, is amended to read as follows:
4. Each participating agency shall provide to each applicant who does
not decline to register to vote the same degree of assistance with
regard to the completion of the registration application form as is
provided by the agency with regard to the completion of its own form
unless the applicant refuses such assistance. ALL INSTITUTIONS OF THE
STATE UNIVERSITY OF NEW YORK AND ALL DEGREE-GRANTING INSTITUTIONS OF
HIGHER EDUCATION DESCRIBED IN ARTICLES ONE HUNDRED FIFTEEN, ONE HUNDRED
TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE HUNDRED TWENTY-SIX AND ONE
HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH HAVE ELECTED
TO BE PARTICIPATING AGENCIES PURSUANT TO THE OPENING PARAGRAPH OF THIS
SECTION SHALL ALSO PROVIDE SUCH LEVEL OF ASSISTANCE TO EACH PERSON WHO
WISHES TO COMPLETE AN APPLICATION FOR AN ABSENTEE BALLOT.
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 OR ABSENTEE BALLOT APPLICATIONS, OR
A. 394 3
BOTH, pursuant to this section shall offer with each application for the
services or assistance, PARTICIPATION IN ACTIVITIES OR USE OF FACILITIES
of such agency, department, division or office and with each recertif-
ication, renewal or change of address form relating to such service or
assistance, PARTICIPATION IN ACTIVITIES OR USE OF FACILITIES, a regis-
tration form together with instructions relating to eligibility to
register and for completing the form except that forms used by the
department of [social services] FAMILY ASSISTANCE for the initial appli-
cation 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. ALL
INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK AND ALL DEGREE-GRANTING
INSTITUTIONS OF HIGHER EDUCATION DESCRIBED IN ARTICLES ONE HUNDRED
FIFTEEN, ONE HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE HUNDRED
TWENTY-SIX AND ONE HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW
WHICH HAVE ELECTED TO BE PARTICIPATING AGENCIES PURSUANT TO THE OPENING
PARAGRAPH OF THIS SECTION SHALL ALSO OFFER EACH SUCH APPLICANT AN APPLI-
CATION FOR AN ABSENTEE BALLOT. 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. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.