The New York State Senate

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

                                  8447

                            I N  S E N A T E

                               May 8, 2018
                               ___________

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to the registration status
  of voters

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

  Section 1. Section 17-106 of the election law, as amended by chapter 9
of the laws of 1978, is amended to read as follows:
  § 17-106. Misconduct of election officers. Any  election  officer  who
wilfully  refuses  to  accord  to  any duly accredited watcher or to any
voter or candidate any right given him by this  chapter,  INCLUDING  THE
CANCELLATION  OF A VOTER'S REGISTRATION IN VIOLATION OF SECTION 5-400 OF
THIS CHAPTER OR THE REFUSAL TO ALLOW AN INDIVIDUAL TO  VOTE  DUE  TO  AN
INACTIVE  STATUS  IN  VIOLATION OF SECTION 5-213 OF THIS CHAPTER, or who
wilfully violates any provision of the  election  law  relative  to  the
registration of electors or to the taking, recording, counting, canvass-
ing,  tallying  or  certifying  of  votes,  or  who wilfully neglects or
refuses to perform any duty imposed on him by law, or is guilty  of  any
fraud  in  the execution of the duties of his office, or connives in any
electoral fraud, or knowingly permits any such fraud to be practiced, is
guilty of a felony.
  § 2. Subdivision 1 of section 5-400 of the election law, as amended by
chapter 659 of the laws of 1994, is amended to read as follows:
  1. A voter's registration[, including the registration of a  voter  in
inactive  status,]  shall  be cancelled if[,]: (A) since the time of his
last registration, he:
  [(a)] (I) Moved his residence outside the city or county in  which  he
is registered[.];
  [(b)]  (II)  Was  convicted  of a felony disqualifying him from voting
pursuant to the provisions of section 5-106 of this article[.];
  [(c)] (III) Has been adjudicated an incompetent[.];
  [(d)] (IV) Refused to take a challenge oath[.];
  [(e)] (V) Has died[.];

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

                                                           LBD07371-01-7

S. 8447                             2

  [(f) Did not vote in any election conducted by the board of  elections
during  the  period  ending  with  the  second general election at which
candidates for federal office are on  the  ballot  after  his  name  was
placed  in  inactive status and for whom the board of elections did not,
during  such period, in any other way, receive any information that such
voter still resides in the same county or city.
  (g)] (VI) Personally requested to have his name removed from the  list
of registered voters[.];
  [(h)]  (VII)  For  any other reason, is no longer qualified to vote as
provided in this chapter[.]; AND
  (B) THE BOARD OF ELECTIONS VERIFIES  THAT  ONE  OF  THE  CIRCUMSTANCES
PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION HAS OCCURRED.
  §  3.  Subdivisions  2  and 3 of section 5-213 of the election law, as
amended by chapter 200 of the laws of  1996,  are  amended  to  read  as
follows:
  2.  The  registration poll records of all such voters shall be removed
from the poll ledgers and [maintained at] COMPILED BY the offices of the
board of elections [in a file arranged alphabetically by] AND PLACED  IN
AN  INACTIVE  POLL  LEDGER  TO  BE DISTRIBUTED TO EACH election district
WITHIN A COUNTY.   If such board uses  computer  generated  registration
lists,  the  names  of  such voters shall not be placed on such lists at
subsequent  elections  other  than  lists  prepared  pursuant   to   the
provisions  of  section  5-612  of  this article but shall be [kept as a
computer record at the offices of such board] COMPILED BY THE OFFICES OF
THE BOARD OF ELECTIONS AND PLACED IN  AN  INACTIVE  POLL  LEDGER  TO  BE
DISTRIBUTED TO EACH ELECTION DISTRICT WITHIN A COUNTY.
  3.  The  board of elections shall restore the registration of any such
voter to active status if such voter notifies  the  board  of  elections
that he resides at the address from which he is registered, or the board
finds  that  such  voter  has validly signed a designating or nominating
petition which states that he resides at such address, or if such  voter
casts  a ballot in an affidavit envelope which states that he resides at
such address, or if the board receives notice that such voter has  voted
in  an  election  conducted with registration lists prepared pursuant to
the provisions of section 5-612 of this article.  IF SUCH VOTER CASTS  A
BALLOT IN AN AFFIDAVIT ENVELOPE AND SUCH BALLOT MEETS ALL OTHER REQUIRE-
MENTS  OF  THIS  CHAPTER,  SUCH VOTER'S NAME SHALL BE RESTORED TO ACTIVE
STATUS FOR SUCH ELECTION AND  SUCH  BALLOT  SHALL  BE  COUNTED  FOR  THE
ELECTION  IN  WHICH IT WAS CAST. If any such notification or information
is received twenty days or more before a  primary,  special  or  general
election,  the  voter's  name must be restored to active status for such
election.
  § 4. This act shall take effect immediately.