Senate Bill S3194

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3194
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  enacting  the  Voter
   Enfranchisement Modernization Act of 2019; 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 2019 (VEMA)".
   § 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.
   §  3. Article 5 of the election law is amended by adding a new title 8
 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05497-01-9
              

 S. 3194                             2
 
                                TITLE VIII
              ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
 SECTION 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM.
         5-802. ONLINE VOTER REGISTRATION APPLICATION.
         5-804. FAILURE  TO  PROVIDE  EXEMPLAR  SIGNATURE  NOT TO PREVENT
                  REGISTRATION.
   § 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.
   § 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  ARTICLE, AS THE INDIVIDUAL'S VOTER
 REGISTRATION 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.
   § 5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO  PREVENT  REGIS-
 TRATION.  IF  A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT PROVIDED BY

 S. 3194                             3
 
 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
 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.
   §  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.