NY State Assembly Bill 2019-A3288A

Assembly Bill A3288A

2019-2020 Legislative Session

Relates to providing automatic voter registration at the department of motor vehicles and other state agencies

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to election law
Apr 08, 2019	print number 3288a
Apr 08, 2019	amend (t) and recommit to election law
Jan 29, 2019	referred to election law

Bill Amendments

Original

A (Active)

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multi-Sponsors

2019-A3288 - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §5-212, add §5-209, El L
Versions Introduced in 2017-2018 Legislative Session:: A5992

2019-A3288 - Summary

Provides for automatic voter registration when registering a motor vehicle as well as when applying for services or assistance through a state agency, and allows for later implementation of automatic voter registration at other state agencies in the future.

2019-A3288 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3288
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  GALEF,  COLTON, BENEDETTO, MOSLEY,
   D'URSO, BLAKE, NIOU, BICHOTTE,  RICHARDSON,  PHEFFER AMATO,  JONES  --
   Multi-Sponsored  by -- M.  of A. ENGLEBRIGHT, HYNDMAN -- read once and
   referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to automatic voter  regis-
   tration  upon graduation from high school or completion of an applica-
   tion for a driver's license or identification card
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 5-200
 to read as follows:
   § 5-200. AUTOMATIC VOTER REGISTRATION. 1.  NOTWITHSTANDING  ANY  OTHER
 MANNER  OF  REGISTRATION  REQUIRED  BY  THIS ARTICLE, EACH PERSON IN THE
 STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
 BE AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS  SECTION,
 PROVIDED  THAT THE PERSON DOES NOT ELECT TO DECLINE REGISTRATION TO VOTE
 AT THE POINT OF SERVICE.
   2. THE STATE BOARD OF ELECTIONS OR COUNTY  BOARD  OF  ELECTIONS  SHALL
 REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE
 STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF  THIS  ARTICLE  WHO
 DOES  NOT  ELECT TO DECLINE REGISTRATION TO VOTE OR UPDATE THE REGISTRA-
 TION RECORD AT THE POINT OF SERVICE AND DOES ANY OF THE FOLLOWING:
   (A) COMPLETES AN APPLICATION FOR A NEW OR  RENEWED  DRIVER'S  LICENSE,
 NON-DRIVER   IDENTIFICATION   CARD,  PRE-LICENSING  COURSE  CERTIFICATE,
 LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
 MENT OF MOTOR VEHICLES, OR NOTIFIES SUCH  DEPARTMENT  IN  WRITING  OF  A
 CHANGE OF HIS OR HER NAME OR ADDRESS; OR
   (B) GRADUATES FROM A NEW YORK STATE HIGH SCHOOL.
   3.  THE  STATE BOARD OF ELECTIONS SHALL ENTER INTO AGREEMENTS WITH THE
 DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF MOTOR VEHICLES  TO  ENSURE
 THAT  FOR  EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02053-01-9

 A. 3288                             2
 
 DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF MOTOR  VEHICLES  ELECTRON-
 ICALLY TRANSMITS TO THE STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING
 INFORMATION  IN  A FORMAT THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE
 VOTER REGISTRATION LIST:
   (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
   (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
   (C) DATE OF BIRTH;
   (D) CITIZENSHIP;
   (E)  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
 FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE  FOR  THE
 PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
   (F) POLITICAL PARTY ENROLLMENT, IF ANY;
   (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
 BALLOT, IF ANY; AND
   (H) AN IMAGE OF THE PERSON'S SIGNATURE.
   IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT  TO  THIS  SECTION
 FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
 SIGNATURE  SHALL  NOT  PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
 THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO  ENABLE  AN  ELIGIBLE
 CITIZEN,  WHOSE  INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
 WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A  SIGNATURE
 AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
 BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT  PROVIDED  A
 SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
 BALLOT  TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
 A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,  PAYCHECK,  OR
 OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
   4.  IF THE DEPARTMENT OF EDUCATION OR THE DEPARTMENT OF MOTOR VEHICLES
 DOES NOT OBTAIN INFORMATION CONCERNING THE CITIZENSHIP STATUS OF PERSONS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, IT SHALL  OBTAIN  INFORMA-
 TION  SUFFICIENT  TO  TRANSMIT  TO THE BOARD OF ELECTIONS INDICATIONS OF
 UNITED STATES CITIZENSHIP FOR EACH PERSON DESCRIBED IN  SUBDIVISION  TWO
 OF  THIS  SECTION, BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMA-
 TION RELATING TO AN INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
   5. EACH HIGH SCHOOL AND THE DEPARTMENT OF MOTOR VEHICLES SHALL INCLUDE
 FOR EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION A STATEMENT
 THAT HE OR SHE SHALL BE REGISTERED TO VOTE, IF HE OR SHE IS NOT  ALREADY
 SO  REGISTERED, PROVIDED, HOWEVER, THAT EACH HIGH SCHOOL AND THE DEPART-
 MENT OF MOTOR VEHICLES SHALL PROVIDE EACH PERSON DESCRIBED  IN  SUBDIVI-
 SION  TWO  OF THIS SECTION THE OPPORTUNITY TO ELECT TO DECLINE REGISTRA-
 TION TO VOTE AT THE POINT OF SERVICE, AND UPON SUCH ELECTION, HE OR  SHE
 SHALL  NOT  BE  REGISTERED  TO  VOTE  PURSUANT TO THE PROCEDURES IN THIS
 SECTION AT THAT TIME.
   6. THE STATE BOARD OF ELECTIONS SHALL PREPARE AND  DISTRIBUTE  TO  THE
 DEPARTMENT  OF MOTOR VEHICLES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTA-
 TION OF THE PROGRAM AND SHALL BE RESPONSIBLE FOR  ESTABLISHING  TRAINING
 PROGRAMS FOR EMPLOYEES. TRAINING SHALL INCLUDE REQUIREMENTS THAT EMPLOY-
 EES  OF  THE DEPARTMENT OF MOTOR VEHICLES COMMUNICATE TO EACH INDIVIDUAL
 IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION  THAT  THE  DEPARTMENT  OF
 MOTOR  VEHICLES  MAINTAINS  STRICT NEUTRALITY WITH RESPECT TO A PERSON'S
 PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER  REGISTRATION  FORMS  AND
 INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
 TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO  VOTE.
 NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
 CANT FROM REGISTERING TO VOTE.

 A. 3288                             3
 
   7.  THE  STATE  BOARD  OF  ELECTIONS AND DEPARTMENT OF EDUCATION SHALL
 PREPARE AND DISTRIBUTE TO EACH HIGH  SCHOOL  WITHIN  THE  STATE  WRITTEN
 INSTRUCTIONS  AS  TO  THE  IMPLEMENTATION  OF  THE  PROGRAM AND SHALL BE
 RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS FOR  EMPLOYEES.  TRAINING
 SHALL INCLUDE REQUIREMENTS THAT EMPLOYEES OF THE HIGH SCHOOL COMMUNICATE
 TO  EACH  STUDENT  THAT THE HIGH SCHOOL MAINTAINS STRICT NEUTRALITY WITH
 RESPECT TO A PERSON'S PARTY ENROLLMENT AND ALL  STUDENTS  SEEKING  VOTER
 REGISTRATION  FORMS AND INFORMATION SHALL BE ADVISED THAT THEY SHALL NOT
 BE DISCIPLINED BASED ON BEING REGISTERED TO VOTE, PARTY  ENROLLMENT,  OR
 ELIGIBILITY  TO  REGISTER  TO  VOTE.  NO STATEMENT SHALL BE MADE NOR ANY
 ACTION TAKEN TO DISCOURAGE A STUDENT FROM REGISTERING TO VOTE.
   8. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE DEPART-
 MENT OF EDUCATION AND THE DEPARTMENT OF MOTOR VEHICLES SHALL INCLUDE THE
 FORMAT IN WHICH INFORMATION WILL BE TRANSMITTED, WHETHER  AND  HOW  EACH
 ENTITY  WILL COLLECT, IN ADDITION TO THE MANDATORY INFORMATION LISTED IN
 SUBDIVISION THREE OF THIS SECTION, ADDITIONAL INFORMATION ON A VOLUNTARY
 BASIS FROM PERSONS FOR THE PURPOSE OF FACILITATING  VOTER  REGISTRATION,
 THE  FREQUENCY OF DATA TRANSMISSIONS, THE PROCEDURES, AND OTHER MEASURES
 THAT WILL BE USED TO ENSURE THE SECURITY AND PRIVACY OF THE  INFORMATION
 TRANSMITTED,  AND ANY OTHER MATTER NECESSARY OR HELPFUL TO IMPLEMENT THE
 REQUIREMENTS OF THIS SECTION.
   9. THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT  OF  MOTOR  VEHICLES
 SHALL  COOPERATE  WITH  THE STATE BOARD OF ELECTIONS AND COUNTY BOARD OF
 ELECTIONS TO FACILITATE THE VOTER REGISTRATION OF EACH PERSON  DESCRIBED
 IN  SUBDIVISION  TWO OF THIS SECTION, AND TO ELECTRONICALLY TRANSMIT THE
 INFORMATION NEEDED TO REGISTER EACH SUCH PERSON TO  VOTE  OR  TO  UPDATE
 EACH SUCH PERSON'S VOTER REGISTRATION RECORD.
   10.  THE  DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF MOTOR VEHICLES
 SHALL ENTER INTO AN AGREEMENT WITH THE STATE BOARD OF ELECTIONS FINALIZ-
 ING THE FORMAT AND CONTENT OF ELECTRONIC TRANSMISSIONS REQUIRED BY  THIS
 SECTION  NO  LATER  THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY; PROVIDED,
 THAT THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT  OF  MOTOR  VEHICLES
 SHALL  BE  ABLE  TO  COMPLY FULLY WITH ALL REQUIREMENTS OF THIS SECTION,
 INCLUDING THE COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGIS-
 TER INDIVIDUALS TO VOTE, BY JANUARY FIRST, TWO THOUSAND TWENTY-ONE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

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multi-Sponsors

2019-A3288A (ACTIVE) - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §5-212, add §5-209, El L
Versions Introduced in 2017-2018 Legislative Session:: A5992

2019-A3288A (ACTIVE) - Summary

2019-A3288A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3288--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  GALEF,  COLTON, BENEDETTO, MOSLEY,
   D'URSO, BLAKE, NIOU, BICHOTTE,  RICHARDSON,  PHEFFER AMATO,  JONES  --
   Multi-Sponsored  by -- M.  of A. ENGLEBRIGHT, HYNDMAN -- read once and
   referred to the Committee on Election  Law  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the election law, in relation to providing for automatic
   voter registration at the department of  motor  vehicles  and  certain
   other  state  agencies,  and  allowing for the later implementation of
   automatic voter registration at other state agencies in the future
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 5-212 of the election law, as added by chapter 659
 of the laws of 1994 and subdivisions 6 and 9 as amended by  chapter  200
 of the laws of 1996, is amended to read as follows:
   § 5-212. Motor vehicle registration. 1. In addition to any other meth-
 od  of  voter  registration  provided for in this article, any qualified
 person [may apply for registration and enrollment  by  application  made
 simultaneously  and  integrated with] WHO COMPLETES an application for a
 motor vehicle driver's license, a driver's license renewal or  an  iden-
 tification  card  if  such  a  card is issued by the department of motor
 vehicles in its normal course of business, SHALL AUTOMATICALLY BE REGIS-
 TERED TO VOTE UNLESS THE PERSON DECLINES.  EVERY  QUALIFIED  PERSON  WHO
 COMPLETES  SUCH  AN  APPLICATION  SHALL  BE  PROVIDED THE OPPORTUNITY TO
 DECLINE REGISTRATION DURING THE APPLICATION PROCESS.
   2. The department of motor vehicles, with the approval  of  the  state
 board  of  elections, shall design [a] AN ELECTRONIC form or forms which
 shall, in addition to eliciting such information as may be  required  by
 the  department  of  motor  vehicles  for a driver's license, a driver's
 license renewal, a change of address notification or  an  identification
 card,  serve  as  an  application  for registration and enrollment, or a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02053-04-9

 A. 3288--A                          2
 
 registration necessitated by a change of residence.  The  cost  of  such
 forms shall be borne by the department of motor vehicles.
   3. The voter registration portion of such forms:
   (a)  shall not require any information that duplicates the information
 required on the application for the driver  license  portion  and  shall
 require  only  such  additional  information,  including the applicant's
 signature, as will enable election officials to assess  the  applicant's
 eligibility  to  register to vote, prevent duplicate registration and to
 administer voter registration and other parts of the election process.
   (b) shall include a statement  of  the  eligibility  requirements  for
 voter  registration  and  shall  require  the applicant to attest by his
 signature that he meets those requirements under penalty of perjury.
   (c) shall inform the applicant, in print identical to that used in the
 attestation section of the following:
   (i) voter eligibility requirements;
   (ii) penalties for submission of false registration application;
   (iii) that the office where applicant registers shall remain confiden-
 tial and the information be used only for voter registration purposes;
   (iv) if the applicant declines  to  register,  his  declination  shall
 remain confidential and be used only for voter registration purposes;
   4. Included on the form [or on a separate form] shall be:
   (a)  [the  question, "If you are not registered to vote where you live
 now, would you like to apply to register here today?"] A NOTICE THAT  IF
 THE  APPLICANT IS ELIGIBLE TO REGISTER TO VOTE, THE INFORMATION PROVIDED
 ON THE APPLICATION WILL BE USED TO REGISTER THE APPLICANT TO VOTE, OR TO
 UPDATE THE APPLICANT'S REGISTRATION, UNLESS THE APPLICANT DECLINES.
   (b) [boxes] A BOX for the applicant to check to indicate [whether]  IF
 the applicant would like to [register or] decline to register to vote.
   (c) [the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
 YOU  WILL  BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
 TIME."
   (d)] the statement, "If you would like help in filling out the  [voter
 registration]  application  form, we will help you. The decision whether
 to seek or accept help is yours.  You may fill out the application  form
 in private."
   [(e)]  (D)  the statement, "If you believe that someone has interfered
 with your right to register or decline to register to vote,  your  right
 to privacy in deciding whether to register or in applying to register to
 vote,  or  your  right to choose your own political party or other poli-
 tical preference, you may file a  complaint  with  the  state  board  of
 elections (address and toll free telephone number)."
   [(f)]  (E) a toll free number at the state board of elections that can
 be called for answers to registration questions.
   (F) A NOTICE THAT AN APPLICANT WHO IS A VICTIM OF DOMESTIC VIOLENCE OR
 STALKING MAY DECLINE THE AUTOMATIC VOTER REGISTRATION  AND  CONTACT  THE
 STATE  BOARD  OF  ELECTIONS  FOR ASSISTANCE IN VOTING WITHOUT DISCLOSING
 THEIR ADDRESS.
   5. The form containing the declination to register to  vote  shall  be
 retained by the department of motor vehicles for the same period of time
 as  such department retains the accompanying application for services or
 for such shorter period of time as may be approved by the state board of
 elections.
   6. The department of motor vehicles shall PROMPTLY transmit  ELECTRON-
 ICALLY that portion of the form which constitutes the completed applica-
 tion  for  registration  or  change of address form to the [appropriate]
 STATE board of elections [not later than ten days after  receipt  except

 A. 3288--A                          3

 that  all  such completed applications and forms received by the depart-
 ment between the thirtieth and twenty-fifth day before an election shall
 be transmitted in such manner and  at  such  time  as  to  assure  their
 receipt  by  such  board  of  elections not later than the twentieth day
 before such election].  All transmittals shall include [original  signa-
 tures] AN IMAGE OF THE APPLICANT'S SIGNATURE.
   7.  Completed  application  forms  received by the department of motor
 vehicles not later than the twenty-fifth day  before  the  next  ensuing
 primary, general or special election [and transmitted by such department
 to  the  appropriate  board  of  elections so that they are received not
 later than the twentieth day before such  election]  shall  entitle  the
 applicant  to  vote  in such election provided the board determines that
 the applicant is otherwise qualified.
   8. Disclosure of voter registration information, including a  declina-
 tion  to  register,  by  the department of motor vehicles, its agents or
 employees, for other than voter registration purposes, shall  be  deemed
 an  unwarranted  invasion of personal privacy pursuant to the provisions
 of subdivision two of section eighty-nine of the public officers law and
 shall constitute a violation of this chapter.
   9. Application forms shall be processed by the board of  elections  in
 the  manner  prescribed by section 5-210 of this title or, if the appli-
 cant is already registered to vote from another address in  such  county
 or  city,  in the manner prescribed by section 5-208 of this title.  The
 board shall send the appropriate notice  of  approval  or  rejection  as
 required by either subdivision nine of such section 5-210 or subdivision
 five of such section 5-208.
   10.  Strict  neutrality  with  respect  to a person's party enrollment
 shall be maintained and all persons seeking voter registration forms and
 information shall be advised that government  services  are  not  condi-
 tioned on being registered to vote.
   11.  No statement shall be made nor any action taken to discourage the
 applicant from registering to vote.
   12. The department of motor vehicles shall provide to each person  who
 chooses  to  register  to  vote the same level of assistance provided to
 persons in connection with the completion of  the  agency's  own  forms,
 unless such person refuses such assistance.
   13.  The  state board shall adopt such rules and regulations as may be
 necessary to carry out the requirements of this section. The board shall
 also adopt such rules and regulations as may  be  necessary  to  require
 county  boards and the department of motor vehicles to provide the state
 board with such information and data as the  board  deems  necessary  to
 assess  compliance  with  this section and to compile such statistics as
 may be required by the federal elections commission.
   14. The state board shall develop and  distribute  public  information
 and promotional materials relating to the purposes and implementation of
 this program.
   15.  The state board shall prepare and distribute to the department of
 motor vehicles written instructions as  to  the  implementation  of  the
 program  and shall be responsible for establishing training programs for
 employees of the department of motor vehicles involved in such program.
   16. The commissioner of motor vehicles shall take  all  actions  which
 are  necessary  and  proper  for the implementation of this section. The
 commissioner of motor vehicles shall designate  one  person  within  the
 agency  as the agency voter registration coordinator who will, under the
 direction of the state board of elections, be responsible for the  voter
 registration program in such agency.

 A. 3288--A                          4

   17. IF A PERSON WHO IS NOT ENTITLED TO VOTE BECOMES REGISTERED TO VOTE
 PURSUANT  TO  THIS SECTION, THAT PERSON SHALL BE PRESUMED TO HAVE REGIS-
 TERED WITH OFFICIAL AUTHORIZATION, THE REGISTRATION SHALL NOT BE CONSID-
 ERED AS EVIDENCE OF A CLAIM TO CITIZENSHIP, AND THE PERSON SHALL NOT  BE
 DEEMED TO HAVE COMMITTED A CRIME UNDER SECTION 5-210 OF THIS TITLE. THIS
 SUBDIVISION  SHALL  NOT  APPLY  TO  A PERSON WHO KNOWINGLY AND WILLFULLY
 MAKES A FALSE STATEMENT TO EFFECTUATE VOTER REGISTRATION.
   § 2. The election law is amended by adding a new section 5-209 to read
 as follows:
   § 5-209. AUTOMATIC VOTER REGISTRATION. 1. IN  ADDITION  TO  ANY  OTHER
 METHOD OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED
 PERSON  WHO  COMPLETES  AN  APPLICATION FOR SERVICES OR ASSISTANCE AT AN
 AUTOMATIC VOTER REGISTRATION AGENCY SHALL AUTOMATICALLY BE REGISTERED TO
 VOTE UNLESS THE PERSON DECLINES. EVERY QUALIFIED  PERSON  WHO  COMPLETES
 SUCH  AN APPLICATION SHALL BE PROVIDED THE OPPORTUNITY TO DECLINE REGIS-
 TRATION DURING THE APPLICATION PROCESS.
   2. FOR PURPOSES OF THIS SECTION, AN AUTOMATIC VOTER REGISTRATION AGEN-
 CY SHALL MEAN:
   (A) THE DEPARTMENT OF HEALTH; AND
   (B) ANY OTHER STATE AGENCY THAT THE GOVERNOR DESIGNATES, PROVIDED THAT
 THE GOVERNOR MAY ONLY DESIGNATE AN AGENCY AS AN AUTOMATIC  VOTER  REGIS-
 TRATION  AGENCY  AFTER VERIFYING THAT THE AGENCY COLLECTS INFORMATION OR
 DOCUMENTS THAT WOULD PROVIDE PROOF OF ELIGIBILITY TO VOTE.
   3. FOR ANY AUTOMATIC VOTER REGISTRATION AGENCY THAT IS A PARTICIPATING
 AGENCY UNDER SECTION 5-211 OF THIS TITLE, THE PROCEDURES  SET  FORTH  IN
 THIS SECTION SHALL REPLACE THE PROCEDURES FOR REGISTRATION AT THAT AGEN-
 CY  SET FORTH IN SUCH SECTION. THE VOTER REGISTRATION COORDINATOR DESIG-
 NATED BY EACH AGENCY SHALL REMAIN RESPONSIBLE FOR VOTER REGISTRATION  IN
 SUCH AGENCY.
   4.  EACH YEAR, THE GOVERNOR SHALL CONDUCT A REVIEW OF EACH PARTICIPAT-
 ING AGENCY UNDER SECTION 5-211 OF THIS TITLE NOT ALREADY  DESIGNATED  AS
 AN  AUTOMATIC  VOTER  REGISTRATION  AGENCY IN ORDER TO DETERMINE WHETHER
 SUCH DESIGNATION IS  APPROPRIATE.  THE  GOVERNOR  SHALL  DESIGNATE  EACH
 PARTICIPATING  AGENCY  THAT COLLECTS INFORMATION OR DOCUMENTS THAT WOULD
 PROVIDE PROOF OF ELIGIBILITY TO VOTE UNLESS THE  BOARD  DETERMINES  THAT
 THERE  ARE  COMPELLING  REASONS  WHY AUTOMATIC VOTER REGISTRATION IS NOT
 FEASIBLE AT THE AGENCY. IF THE GOVERNOR SHOULD DETERMINE THAT THERE  ARE
 COMPELLING  REASONS  WHY AUTOMATIC VOTER REGISTRATION IS NOT FEASIBLE AT
 AN AGENCY, THE GOVERNOR SHALL PREPARE A REPORT EXPLAINING THOSE  REASONS
 TO  THE LEGISLATURE BY THE END OF THE CALENDAR YEAR IN WHICH THAT DETER-
 MINATION IS MADE.
   5. AUTOMATIC VOTER REGISTRATION AGENCIES, WITH  THE  APPROVAL  OF  THE
 STATE  BOARD OF ELECTIONS, SHALL EACH DESIGN AN ELECTRONIC FORM OR FORMS
 WHICH SHALL, IN  ADDITION  TO  ELICITING  SUCH  INFORMATION  AS  MAY  BE
 REQUIRED  BY  EACH DEPARTMENT FOR AN APPLICATION FOR SERVICES OR ASSIST-
 ANCE, SERVE AS AN APPLICATION FOR  REGISTRATION  AND  ENROLLMENT,  OR  A
 REGISTRATION  NECESSITATED  BY  A CHANGE OR RESIDENCE. EACH AGENCY SHALL
 BEAR THE COST OF ITS OWN FORMS.
   6. THE VOTER REGISTRATION PORTION OF SUCH FORMS:
   (A) SHALL NOT REQUIRE ANY INFORMATION THAT DUPLICATES THE  INFORMATION
 REQUIRED  ON  THE APPLICATION FOR SERVICES OR ASSISTANCE FROM THE AGENCY
 AND SHALL REQUIRE  ONLY  SUCH  ADDITIONAL  INFORMATION  AS  WILL  ENABLE
 ELECTION  OFFICIALS TO ASSESS THE APPLICANT'S ELIGIBILITY TO REGISTER TO
 VOTE, PREVENT DUPLICATE REGISTRATION AND TO ADMINISTER  VOTER  REGISTRA-
 TION AND OTHER PARTS OF THE ELECTION PROCESS;

 A. 3288--A                          5

   (B)  SHALL  INCLUDE  A  STATEMENT  OF THE ELIGIBILITY REQUIREMENTS FOR
 VOTER REGISTRATION AND SHALL REQUIRE THE  APPLICANT  TO  ATTEST  BY  HIS
 SIGNATURE THAT HE MEETS THOSE REQUIREMENTS UNDER PENALTY OF PERJURY; AND
   (C) SHALL INFORM THE APPLICANT, IN PRINT IDENTICAL TO THAT USED IN THE
 ATTESTATION SECTION OF THE FOLLOWING:
   (I) VOTER ELIGIBILITY REQUIREMENTS;
   (II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
   (III) THAT THE OFFICE WHERE APPLICANT REGISTERS SHALL REMAIN CONFIDEN-
 TIAL  AND  THE INFORMATION BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
 AND
   (IV) IF THE APPLICANT DECLINES  TO  REGISTER,  THE  DECLINATION  SHALL
 REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION PURPOSES.
   7. INCLUDED ON THE FORM SHALL BE:
   (A)  A  NOTICE  THAT IF THE APPLICANT IS ELIGIBLE TO REGISTER TO VOTE,
 THE INFORMATION PROVIDED ON THE APPLICATION WILL BE USED TO REGISTER THE
 APPLICANT TO VOTE, OR TO UPDATE THE APPLICANT'S REGISTRATION, UNLESS THE
 APPLICANT DECLINES;
   (B) A BOX FOR THE APPLICANT TO CHECK TO INDICATE  THAT  THE  APPLICANT
 WOULD LIKE TO DECLINE TO REGISTER TO VOTE;
   (C) THE STATEMENT, "IF YOU WOULD LIKE HELP IN FILLING OUT THE APPLICA-
 TION  FORM,  WE  WILL HELP YOU.   THE DECISION WHETHER TO SEEK OR ACCEPT
 HELP IS YOURS. YOU MAY FILL OUT THE APPLICATION FORM IN PRIVATE.";
   (D) THE STATEMENT, "APPLYING TO REGISTER OR DECLINING TO  REGISTER  TO
 VOTE  WILL NOT AFFECT THE AMOUNT OF ASSISTANCE THAT YOU WILL BE PROVIDED
 BY THIS AGENCY.";
   (E) THE STATEMENT, "IF YOU BELIEVE THAT SOMEONE  HAS  INTERFERED  WITH
 YOUR  RIGHT  TO  REGISTER  OR DECLINE TO REGISTER TO VOTE, YOUR RIGHT TO
 PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING  TO  REGISTER  TO
 VOTE,  OR  YOUR  RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLI-
 TICAL PREFERENCE, YOU MAY FILE A  COMPLAINT  WITH  THE  STATE  BOARD  OF
 ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER).";
   (F)  A  TOLL  FREE  NUMBER AT THE STATE BOARD OF ELECTIONS THAT CAN BE
 CALLED FOR ANSWERS TO REGISTRATION QUESTIONS; AND
   (G) A NOTICE THAT AN APPLICANT WHO IS A VICTIM OF DOMESTIC VIOLENCE OR
 STALKING MAY DECLINE THE AUTOMATIC VOTER REGISTRATION  AND  CONTACT  THE
 STATE  BOARD  OF  ELECTIONS  FOR ASSISTANCE IN VOTING WITHOUT DISCLOSING
 THEIR ADDRESS.
   8. THE FORM CONTAINING THE DECLINATION TO REGISTER TO  VOTE  SHALL  BE
 RETAINED  BY  THE  AGENCY FOR THE SAME PERIOD OF TIME AS SUCH DEPARTMENT
 RETAINS THE ACCOMPANYING APPLICATION FOR SERVICES OR ASSISTANCE  OR  FOR
 SUCH  SHORTER  PERIOD  OF  TIME AS MAY BE APPROVED BY THE STATE BOARD OF
 ELECTIONS.
   9. AUTOMATIC VOTER REGISTRATION AGENCIES SHALL EACH PROMPTLY  TRANSMIT
 ELECTRONICALLY  THAT PORTION OF THE FORM WHICH CONSTITUTES THE COMPLETED
 APPLICATION FOR REGISTRATION OR CHANGE OF  ADDRESS  FORM  TO  THE  STATE
 BOARD  OF  ELECTIONS.  ALL  TRANSMITTALS  SHALL  INCLUDE AN IMAGE OF THE
 APPLICANT'S SIGNATURE.
   10. COMPLETED APPLICATION FORMS RECEIVED BY AN AUTOMATIC VOTER  REGIS-
 TRATION AGENCY NOT LATER THAN THE TWENTY-FIFTH DAY BEFORE THE NEXT ENSU-
 ING  PRIMARY, GENERAL OR SPECIAL ELECTION SHALL ENTITLE THE APPLICANT TO
 VOTE IN SUCH ELECTION PROVIDED THE BOARD DETERMINES THAT  THE  APPLICANT
 IS OTHERWISE QUALIFIED.
   11. DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
 TION  TO REGISTER, BY AN AUTOMATIC VOTER REGISTRATION AGENCY, ITS AGENTS
 OR EMPLOYEES, FOR OTHER  THAN  VOTER  REGISTRATION  PURPOSES,  SHALL  BE
 DEEMED  AN  UNWARRANTED  INVASION  OF  PERSONAL  PRIVACY PURSUANT TO THE

 A. 3288--A                          6
 
 PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFI-
 CERS LAW AND SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
   12.  APPLICATION FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN
 THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF  THE  APPLI-
 CANT  IS  ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH COUNTY
 OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF THIS TITLE.    THE
 BOARD  SHALL  SEND  THE  APPROPRIATE  NOTICE OF APPROVAL OR REJECTION AS
 REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION
 FIVE OF SUCH SECTION 5-208.
   13. STRICT NEUTRALITY WITH RESPECT  TO  A  PERSON'S  PARTY  ENROLLMENT
 SHALL  BE MAINTAINED AND ALL APPLICANTS FOR SERVICES OR ASSISTANCE SHALL
 BE ADVISED THAT GOVERNMENT SERVICES ARE NOT CONDITIONED ON BEING  REGIS-
 TERED TO VOTE.
   14.  NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE
 APPLICANT FROM REGISTERING TO VOTE.
   15. AUTOMATIC VOTER REGISTRATION AGENCIES SHALL PROVIDE TO EACH PERSON
 WHO CHOOSES TO REGISTER TO VOTE THE SAME LEVEL OF ASSISTANCE PROVIDED TO
 PERSONS IN CONNECTION WITH THE COMPLETION OF  THE  AGENCY'S  OWN  FORMS,
 UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE.
   16.  THE  STATE BOARD SHALL ADOPT SUCH RULES AND REGULATIONS AS MAY BE
 NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION. THE BOARD SHALL
 ALSO ADOPT SUCH RULES AND REGULATIONS AS MAY  BE  NECESSARY  TO  REQUIRE
 COUNTY  BOARDS  AND AUTOMATIC VOTER REGISTRATION AGENCIES TO PROVIDE THE
 STATE BOARD WITH SUCH INFORMATION AND DATA AS THE BOARD DEEMS  NECESSARY
 TO ASSESS COMPLIANCE WITH THIS SECTION AND TO COMPILE SUCH STATISTICS AS
 MAY BE REQUIRED BY THE FEDERAL ELECTIONS COMMISSION.
   17.  THE  STATE  BOARD SHALL DEVELOP AND DISTRIBUTE PUBLIC INFORMATION
 AND PROMOTIONAL MATERIALS RELATING TO THE PURPOSES AND IMPLEMENTATION OF
 THIS PROGRAM.
   18. THE STATE BOARD SHALL PREPARE  AND  DISTRIBUTE  TO  THE  AUTOMATIC
 VOTER  REGISTRATION  AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTA-
 TION OF THE PROGRAM AND SHALL BE RESPONSIBLE FOR  ESTABLISHING  TRAINING
 PROGRAMS  FOR  EMPLOYEES  OF  THE  AUTOMATIC VOTER REGISTRATION AGENCIES
 INVOLVED IN SUCH PROGRAM.
   19. IF A PERSON WHO IS NOT ENTITLED TO VOTE BECOMES REGISTERED TO VOTE
 PURSUANT TO THIS SECTION, THAT PERSON SHALL BE PRESUMED TO  HAVE  REGIS-
 TERED WITH OFFICIAL AUTHORIZATION, THE REGISTRATION SHALL NOT BE CONSID-
 ERED  AS EVIDENCE OF A CLAIM TO CITIZENSHIP, AND THE PERSON SHALL NOT BE
 DEEMED TO HAVE COMMITTED A CRIME UNDER SECTION 5-210 OF THIS TITLE. THIS
 SUBDIVISION SHALL NOT APPLY TO A  PERSON  WHO  KNOWINGLY  AND  WILLFULLY
 MAKES A FALSE STATEMENT TO EFFECTUATE VOTER REGISTRATION.
   §  3. This act shall take effect one year after it shall have become a
 law.

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Assembly Bill A3288A

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Sponsored By

CARROLL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Sandy Galef

William Colton

Michael Benedetto

Walter T. Mosley

multi-Sponsors

Steven Englebright

Alicia Hyndman

2019-A3288 - Details

2019-A3288 - Summary

2019-A3288 - Bill Text download pdf

co-Sponsors

Sandy Galef

William Colton

Michael Benedetto

Walter T. Mosley

multi-Sponsors

Steven Englebright

Alicia Hyndman

2019-A3288A (ACTIVE) - Details

2019-A3288A (ACTIVE) - Summary

2019-A3288A (ACTIVE) - Bill Text download pdf

Comments