S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    139
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 providing for automatic
   voter registration; establishing  a  task  force  on  automatic  voter
   registration;  and providing for the repeal of certain provisions upon
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Title  2  of  article 5 of 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;
   (B)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
 FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM  AGEN-
 CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00581-02-9

 S. 139                              2
 
   (C)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
 FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH  SERVICES  FROM  ANY
 MUNICIPAL  HOUSING  AUTHORITY  AS  SET  FORTH IN ARTICLE THIRTEEN OF THE
 PUBLIC HOUSING LAW;
   (D)  REGISTERS  FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
 NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
   (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
 PAROLE;
   (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
   (G) BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF  MILITARY
 AND NAVAL AFFAIRS; OR
   (H)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
 DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
 THREE OF THIS SECTION.
   3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
 CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
 TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
 YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
 PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION, THE DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF  MILITARY  AND
 NAVAL  AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE  AGEN-
 CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
 CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
   (I)  THE  LIKELIHOOD  THAT  SOURCE  RECORDS  REFLECT A LARGE NUMBER OF
 ELIGIBLE CITIZENS;
   (II) THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS  WHO
 WOULD  NOT  OTHERWISE  BE  REGISTERED  UNDER  THE ACT TO MODERNIZE VOTER
 REGISTRATION;
   (III) THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE  RECORDS;
 AND
   (IV)  ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION OFFICIAL
 AS REASONABLY RELATED TO  ACCOMPLISHING  THE  PURPOSES  OF  THE  ACT  TO
 MODERNIZE VOTER REGISTRATION.
   4.  THE  STATE  BOARD OF ELECTIONS AND THE SOURCE AGENCIES SHALL ENTER
 INTO AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN  SUBDIVISION
 TWO  OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY 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

 S. 139                              3
 
 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.
   5.  IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING THE
 CITIZENSHIP STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS  SUFFICIENT
 TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
 ZENSHIP  FOR  EACH  PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
 BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO  AN
 INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
   6.  EACH  SOURCE  AGENCY  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 SOURCE AGENCY SHALL PROVIDE EACH PERSON DESCRIBED IN
 SUBDIVISION TWO OF THIS SECTION THE  OPPORTUNITY  TO  ELECT  TO  DECLINE
 REGISTRATION 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.
   7. THE STATE BOARD  OF  ELECTIONS  SHALL  PREPARE  AND  DISTRIBUTE  TO
 PARTICIPATING  AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION OF
 THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING  PROGRAMS
 FOR  EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING SHALL
 INCLUDE REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE  TO
 EACH  INDIVIDUAL  IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION THAT THE
 SOURCE AGENCY 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.
   8. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE  SOURCE
 AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
 TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
 TORY  INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION, ADDITIONAL
 INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
 TATING 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  NECES-
 SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
   9.  EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD OF
 ELECTIONS AND COUNTY BOARD OF ELECTIONS TO FACILITATE THE  VOTER  REGIS-
 TRATION 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.  EACH  SOURCE  AGENCY SHALL ENTER INTO AN AGREEMENT WITH THE STATE
 BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
 SMISSIONS REQUIRED BY THIS SECTION NO LATER THAN  SEPTEMBER  FIRST,  TWO
 THOUSAND  NINETEEN;  PROVIDED,  THAT EACH SOURCE AGENCY SHALL BE ABLE TO
 COMPLY FULLY WITH  ALL  REQUIREMENTS  OF  THIS  SECTION,  INCLUDING  THE
 COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
 TO VOTE, BY JANUARY FIRST, TWO THOUSAND TWENTY-TWO.

 S. 139                              4
 
   §  2. Subdivision 5 of section 5-210 of the election law is amended by
 adding a new paragraph (n) to read as follows:
   (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
 SOURCE  AGENCIES  AND  THE  STATE  OR COUNTY BOARDS OF ELECTIONS ARE NOT
 REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION  OF  THE  INFORMATION
 REQUESTED  IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VIII), (X) OR (XII) OF
 PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
 TO REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY  PERSON  IN
 THE STATE WHOSE INFORMATION IS  TRANSMITTED PURSUANT TO SECTION 5-200 OF
 THIS  TITLE  FOR  THE  REASON THAT SUCH INFORMATION DOES NOT INCLUDE THE
 INFORMATION REQUESTED BY PARAGRAPH (J) OR SUBPARAGRAPH (I), (VIII),  (X)
 OR (XII) OF PARAGRAPH (K) OF THIS SUBDIVISION.
   § 3. The opening paragraph and subdivisions 11 and 12 of section 5-211
 of  the election law, the opening paragraph as amended by chapter 265 of
 the laws of 2013, subdivision 11 as amended by chapter 200 of  the  laws
 of  1996 and subdivision 12 as added by chapter 659 of the laws of 1994,
 are 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
 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, THE  STATE  UNIVERSITY  OF
 NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK, ALL PUBLIC HOUSING AUTHORI-
 TIES LISTED IN ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW,  THE  DEPART-
 MENT  OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE NEW YORK DIVISION
 OF MILITARY AND NAVAL AFFAIRS. Such agencies shall be required to  offer
 voter  registration  forms  to AND PROVIDE FOR AUTOMATIC VOTER REGISTRA-
 TION, PURSUANT TO SECTION 5-200 OF THIS TITLE, FOR 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, 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 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

 S. 139                              5

 to  include  applications  for  registration  by mail with any materials
 which are given to new citizens. [All institutions of the state  univer-
 sity  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 applica-
 tion 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,  if  it  determines  that  it is not feasible for such office or
 program to administer such requirement.
   11. The participating agency shall transmit  [the  completed  applica-
 tions  for  registration  and  change  of address forms] ALL INFORMATION
 COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  to  the  appropriate
 board of elections not later than ten days after receipt except that all
 such completed applications and forms received by the agency 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.
   12. [Completed  application  forms,  when  received]  ALL  INFORMATION
 COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE by a participating
 agency not later than the  twenty-fifth  day  before  the  next  ensuing
 primary,  general  or special election and transmitted by such agency to
 the appropriate board of elections so that they  are  received  by  such
 board  not later than the twentieth day before such election shall enti-
 tle the applicant to vote in such election provided the board determines
 that the applicant is otherwise qualified.
   § 4. Subdivision 14 of section 5-211 of the election law,  as  amended
 by  chapter 200 of the laws of 1996, is amended and two new subdivisions
 18 and 19 are added to read as follows:
   14. Applications shall be processed by the board of elections  in  the
 manner  prescribed  by  [section] SECTIONS 5-200 AND 5-210 of this title
 or, if the applicant is already registered to vote from another  address
 in the 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.
   18.  ALL  COLLEGES  AND  UNIVERSITIES LOCATED IN THIS STATE SHALL MAKE
 VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS ELIGIBLE TO  REGISTER
 TO VOTE UNDER PARAGRAPH (G) OF SUBDIVISION FIVE OF SECTION 5-210 OF THIS
 TITLE  IN  THE  SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
 AND REGULATIONS AS ALL OTHER DESIGNATED  AGENCIES  UNDER  THIS  SECTION;
 EXCEPT  THAT A COLLEGE OR UNIVERSITY THAT IS NOT OTHERWISE DESIGNATED AS
 A SOURCE AGENCY PURSUANT TO SECTION 5-200 OF THIS  TITLE  SHALL  NOT  BE
 REQUIRED  TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'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 SEVEN-
 TEEN OF THIS SECTION.
   19. THE STATE BOARD OF ELECTIONS OR, IN THE CITY OF NEW YORK, THE  NEW
 YORK  CITY  BOARD  OF  ELECTIONS,  SHALL  PROVIDE TO PUBLIC COLLEGES AND
 UNIVERSITIES A SUFFICIENT QUANTITY OF CODED VOTER REGISTRATION  APPLICA-
 TIONS  THAT  IDENTIFY EACH SUCH APPLICATION AS ORIGINATING FROM EITHER A
 PUBLIC COLLEGE OR UNIVERSITY. THE STATE BOARD OF ELECTIONS SHALL PROVIDE
 FOR THE DELIVERY OF SUCH CODED APPLICATIONS BY THE FIRST DAY  OF  AUGUST
 OF  EACH  YEAR  TO  EACH  COLLEGE OR UNIVERSITY COVERED BY THIS CHAPTER,
 EXCEPT THAT THE NEW YORK CITY  BOARD  OF  ELECTIONS  SHALL  PROVIDE  AND
 DELIVER  SUCH  FORMS  TO EACH PARTICIPATING PUBLIC UNIVERSITY OR COLLEGE

 S. 139                              6
 
 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  WHICH
 SHALL MAKE SUCH DETAILED INFORMATION AVAILABLE TO THE PUBLIC.
   § 5. Subdivisions 6 and 7 of section 5-212 of the election law, subdi-
 vision 6 as amended by chapter 200 of the laws of 1996 and subdivision 7
 as  added  by  chapter  659  of the laws of 1994, are amended to read as
 follows:
   6. The department of motor vehicles shall transmit  [that  portion  of
 the form which constitutes the completed application for registration or
 change  of  address  form] ALL INFORMATION COLLECTED PURSUANT TO SECTION
 5-200 OF THIS TITLE to the appropriate board of elections not later than
 ten days after receipt except that all such completed  applications  and
 forms  received by the department 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  signatures OR AN ELECTRONIC IMAGE THEREOF AS REQUIRED
 BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS TITLE.
   7. [Completed application forms received]  ALL  INFORMATION  COLLECTED
 PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
 cles  not later than the twenty-fifth day before the next ensuing prima-
 ry, 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 appli-
 cant is otherwise qualified.
   § 6. Section 8-302 of the election law is  amended  by  adding  a  new
 subdivision 3-d to read as follows:
   3-D.  A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND OR
 WHOSE INFORMATION IS INCOMPLETE OR  INCORRECT  ON  THE  STATEWIDE  VOTER
 REGISTRATION  LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH A
 SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
 TER AND CONSENTED TO VOTER REGISTRATION SHALL BE PERMITTED  TO  CAST  AN
 AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
 ING  PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF REGIS-
 TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
 SION TWO OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS  NO  AFFIRMATIVE
 PROOF  THAT  THE  PERSON  IS  INELIGIBLE TO REGISTER TO VOTE OR THAT THE
 PERSON DID NOT REGISTER OR PERFORM ANY OF THE  ACTIVITIES  SPECIFIED  IN
 SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
   (A)  A  PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT STATING THAT
 THE PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES  IN
 SUBDIVISION  TWO  OF  SECTION 5-200 OF THIS CHAPTER AND CONSENTED TO USE
 AGENCY INFORMATION FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT  SHALL  BE
 SUFFICIENT  EVIDENCE  OF  REGISTERING  TO  VOTE OR PERFORMING ANY OF THE
 ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
 FOR THE PURPOSES OF THIS SECTION.
   (B) A PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE  TO  AN
 AFFIDAVIT  STATING  THAT THE PERSON DID NOT PRESENT DOCUMENTARY PROOF OF
 IDENTITY, BUT THAT ALL OF THE IDENTIFYING INFORMATION ON  THE  AFFIDAVIT
 BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
 CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
 THIS  SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF SUBDIVI-
 SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
 NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION

 S. 139                              7
 
 INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
 THE FEDERAL HELP AMERICA VOTE ACT.
   § 7. Subdivision 1 of section 3-220 of the election law, as amended by
 chapter 104 of the laws of 2010, is amended to read as follows:
   1.  All  registration  records,  certificates,  lists, and inventories
 referred to in, or required by, this chapter shall be public records and
 open to public inspection under the immediate supervision of  the  board
 of elections or its employees and subject to such reasonable regulations
 as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
 PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
 RECORD  OPEN  TO  PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANSMISSION
 AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR  PUBLIC
 INSPECTION:
   (A) ANY VOTER'S SIGNATURE;
   (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
 WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
   (C) ANY PORTION OF a voter's driver's license number,  [department  of
 motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
 security number and facsimile number [shall not be released  for  public
 inspection];
   (D) ANY VOTER'S TELEPHONE NUMBER; AND
   (E)  ANY  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
 any time by any person other than a member of a  registration  board  or
 board  of  inspectors  of  elections  or  board  of  elections except as
 provided by rules imposed by the board of elections.
   § 8.  (a) A task force on automatic voter registration shall be estab-
 lished by the state board of elections to  examine,  evaluate  and  make
 recommendations   concerning  the  implementation  and  affects  of  the
 provisions of this act.
   (b) The task force shall consist of two  commissioners  of  the  state
 board  of  elections  appointed  by  majority vote of the state board of
 elections, the commissioner of motor vehicles, and members appointed  by
 the  state board of elections who shall represent such interests as such
 board shall deem to be relevant to the provisions of this  act,  includ-
 ing:
   (1) the state university of New York;
   (2) the city university of New York;
   (3) the board of elections of the city of New York;
   (4) county boards of elections throughout the state;
   (5) state agencies affected by the provisions of this act;
   (6) the department of corrections and community supervision;
   (7) the department of labor;
   (8) the division of military and naval affairs; and
   (9) municipal housing authorities.
   (c)  The  members  of the task force shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to this section.
   (d) Within one year of the effective date of this section, and annual-
 ly thereafter, the task force shall report its findings, conclusions and
 recommendations to the governor and the legislature.
   § 9.  This act shall take effect one year after it shall have become a
 law; provided that section eight of this act shall expire and be  deemed
 repealed five years after such effective date.