S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5073
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 8, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to establishing a  school
   voter  registration access program for students in grades ten, eleven,
   and twelve; and to amend the election law, in  relation  to  providing
   for  a school voter registration access program for students in grades
   ten, eleven, and twelve
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new article 25 to
 read as follows:
                                 ARTICLE 25
                     SCHOOL VOTER REGISTRATION ACCESS
 SECTION 1301. SCHOOL VOTER REGISTRATION ACCESS.
   § 1301. SCHOOL VOTER REGISTRATION ACCESS.  1.  EACH  SCHOOL  DISTRICT,
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL, AND NON-PUBL-
 IC SCHOOL SHALL ADOPT A POLICY TO PROMOTE STUDENT VOTER REGISTRATION AND
 PRE-REGISTRATION  DAYS  PURSUANT TO CHAPTER TWO OF THE LAWS OF TWO THOU-
 SAND NINETEEN. SUCH POLICY SHALL, IN ACCORDANCE WITH THE  PROVISIONS  OF
 THIS  ARTICLE,  REQUIRE  ALL  SCHOOLS OPERATED BY SUCH SCHOOL DISTRICTS,
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER  SCHOOLS,  AND  NON-
 PUBLIC  SCHOOLS  SERVING ANY OR ALL OF GRADES TEN, ELEVEN, AND TWELVE TO
 CONDUCT AT LEAST TEN VOTER REGISTRATION AND PRE-REGISTRATION DAYS DURING
 THE SCHOOL YEAR FOR THE PURPOSES OF EDUCATING STUDENTS ABOUT THE  VOTING
 ENROLLMENT  PROCESS AND PROVIDING ELIGIBLE STUDENTS WITH THE OPPORTUNITY
 TO REGISTER OR PRE-REGISTER TO  VOTE  AS  APPLICABLE.  SUCH  POLICY  MAY
 INCLUDE  COLLABORATION  WITH  COUNTY  AND  LOCAL  BOARDS OF ELECTIONS TO
 CONDUCT VOTER REGISTRATION AND PRE-REGISTRATION IN  ANY  SCHOOL  SERVING
 ANY  OR ALL OF GRADES TEN, ELEVEN, AND TWELVE. COMPLETION AND SUBMISSION
 OF VOTER REGISTRATION OR PRE-REGISTRATION FORMS SHALL NOT  BE  A  COURSE
 REQUIREMENT OR GRADED ASSIGNMENT FOR STUDENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09318-10-9

 S. 5073                             2
 
   2.  VOTER  REGISTRATION  AND  PRE-REGISTRATION DAYS SHALL BE CONDUCTED
 DURING THE SCHOOL YEAR WITH AT LEAST THREE VOTER REGISTRATION  AND  PRE-
 REGISTRATION  DAYS  HELD  BETWEEN  THE START OF SCHOOL IN SESSION AND NO
 LATER THAN TEN SCHOOL DAYS PRIOR TO THE DAY OF THE GENERAL ELECTION  AND
 AT  LEAST  THREE  VOTER  REGISTRATION AND PRE-REGISTRATION DAYS SHALL BE
 HELD BETWEEN JANUARY FIRST OF SUCH SCHOOL YEAR AND  NO  LATER  THAN  TEN
 SCHOOL  DAYS PRIOR TO THE DAY OF THE PRIMARY ELECTION. EACH SCHOOL SERV-
 ING ANY OR ALL OF GRADES TEN, ELEVEN, AND TWELVE SHALL COLLECT SUBMITTED
 VOTER REGISTRATION AND PRE-REGISTRATION APPLICATION  FORMS  AND  PROVIDE
 FOR  THE TRANSMITTAL OF ALL SUCH COMPLETED APPLICATIONS TO THE APPROPRI-
 ATE BOARD OF ELECTIONS NOT LATER THAN SEVEN CALENDAR DAYS PRIOR  TO  THE
 GENERAL ELECTION OR PRIMARY ELECTION, AS APPLICABLE.
   3.  EACH  VOTER REGISTRATION AND PRE-REGISTRATION DAY SHALL TAKE PLACE
 AT LOCATIONS AND TIMES TO ENSURE THAT STUDENTS ELIGIBLE TO  REGISTER  OR
 PRE-REGISTER  TO  VOTE  HAVE  REASONABLE  ACCESS TO THE REGISTRATION AND
 PRE-REGISTRATION PROCESS.  SCHOOLS MAY ENGAGE AN OUTSIDE ORGANIZATION TO
 HOLD SUCH VOTER REGISTRATION AND PRE-REGISTRATION DAYS,  ALLOW  STUDENTS
 TO PARTICIPATE IN OR CONDUCT THE VOTER REGISTRATION AND PRE-REGISTRATION
 DAYS,  OR  CONDUCT THE VOTER REGISTRATION AND PRE-REGISTRATION DAYS WITH
 SCHOOL RESOURCES.
   4. EACH SUCH VOTER REGISTRATION  AND  PRE-REGISTRATION  DAY  SHALL  BE
 CONDUCTED IN ACCORDANCE WITH THE RULES, REGULATIONS AND PRACTICES OF THE
 STATE  BOARD  OF  ELECTIONS  AND  SHALL  COMPLY WITH THE REQUIREMENTS OF
 SECTION 5-212-A OF THE ELECTION LAW.
   5. EACH SCHOOL DISTRICT, BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES,
 CHARTER  SCHOOL,  AND  NON-PUBLIC  SCHOOL  OPERATING ONE OR MORE SCHOOLS
 SERVING ANY OR ALL OF GRADES TEN, ELEVEN, AND  TWELVE  SHALL,  PRIOR  TO
 JANUARY FIFTEENTH OF EACH YEAR, PROVIDE A LIST OF ALL SUCH SCHOOLS OPER-
 ATED THEREBY TO THE STATE BOARD OF ELECTIONS.
   §  2.  Section  1604  of  the education law is amended by adding a new
 subdivision 45 to read as follows:
   45. TO CONDUCT VOTER REGISTRATION AND PRE-REGISTRATION DAYS IN ACCORD-
 ANCE WITH THE PROVISIONS OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   § 3. Section 1709 of the education law is  amended  by  adding  a  new
 subdivision 43 to read as follows:
   43. TO CONDUCT VOTER REGISTRATION AND PRE-REGISTRATION DAYS IN ACCORD-
 ANCE WITH THE PROVISIONS OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   §  4. Subdivision 4 of section 1950 of the education law is amended by
 adding a new paragraph pp to read as follows:
   PP. CONDUCT VOTER REGISTRATION AND PRE-REGISTRATION DAYS IN ACCORDANCE
 WITH THE PROVISIONS OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   § 5. Section 2503 of the education law is  amended  by  adding  a  new
 subdivision 21 to read as follows:
   21.  SHALL  CONDUCT  VOTER  REGISTRATION  AND PRE-REGISTRATION DAYS IN
 ACCORDANCE WITH THE PROVISIONS OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   § 6. Section 2554 of the education law is  amended  by  adding  a  new
 subdivision 28 to read as follows:
   28.  SHALL  CONDUCT  VOTER  REGISTRATION  AND PRE-REGISTRATION DAYS IN
 ACCORDANCE WITH THE PROVISIONS OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   § 7. Section 2590-h of the education law is amended by  adding  a  new
 subdivision 55 to read as follows:
   55. CONDUCT VOTER REGISTRATION AND PRE-REGISTRATION DAYS IN ACCORDANCE
 WITH THE PROVISIONS OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   §  8.  Section  2590-h of the education law is amended by adding a new
 subdivision 39 to read as follows:

 S. 5073                             3
 
   39. CONDUCT VOTER REGISTRATION AND PRE-REGISTRATION DAYS IN ACCORDANCE
 WITH THE PROVISIONS OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   §  9. Subdivision 3 of section 2854 of the education law is amended by
 adding a new paragraph (e) to read as follows:
   (E) THE BOARD OF TRUSTEES OF A  CHARTER  SCHOOL  SHALL  CONDUCT  VOTER
 REGISTRATION AND PRE-REGISTRATION DAYS IN ACCORDANCE WITH THE PROVISIONS
 OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   §  10.  The election law is amended by adding a new section 5-212-a to
 read as follows:
   § 5-212-A. VOTER REGISTRATION IN SCHOOLS. 1. IN ADDITION TO ANY  OTHER
 METHOD  OF  VOTER  REGISTRATION OR PRE-REGISTRATION PROVIDED FOR IN THIS
 ARTICLE, ANY QUALIFIED PERSON MAY APPLY FOR REGISTRATION, OR  PRE-REGIS-
 TRATION,  AND ENROLLMENT BY APPLICATION SUBMITTED DURING VOTER REGISTRA-
 TION AND PRE-REGISTRATION IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 SECTION AND SECTION THIRTEEN HUNDRED ONE OF THE EDUCATION LAW.
   2. IN ACCORDANCE WITH SECTION 5-507 OF THIS ARTICLE THE STATE BOARD OF
 ELECTIONS  SHALL ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO
 CARRY OUT THE REQUIREMENTS OF THIS SECTION. THE STATE BOARD OF ELECTIONS
 SHALL:
   (A) PREPARE WRITTEN INSTRUCTIONS  AS  TO  THE  IMPLEMENTATION  OF  THE
 SCHOOL  VOTER  REGISTRATION  AND  PRE-REGISTRATION ACCESS PROGRAM, UNDER
 SECTION  THIRTEEN  HUNDRED  ONE  OF  THE  EDUCATION  LAW.  SUCH  WRITTEN
 INSTRUCTIONS SHALL PROVIDE INFORMATION REGARDING ELIGIBILITY TO REGISTER
 AND PRE-REGISTER TO VOTE, CONTAIN INSTRUCTIONS FOR COMPLETING THE APPRO-
 PRIATE FORM, AND REQUIRE THAT STUDENTS BE PROVIDED WITH THE FOLLOWING:
   (I)  THE  QUESTION, "IF YOU ARE NOT REGISTERED TO VOTE, WOULD YOU LIKE
 TO APPLY TO REGISTER HERE TODAY?";
   (II) 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.";
   (III) 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)."; AND
   (IV)  A  TOLL  FREE NUMBER AT THE STATE BOARD OF ELECTIONS THAT CAN BE
 CALLED FOR ANSWERS TO REGISTRATION QUESTIONS.
   (B) ESTABLISH TRAINING PROGRAMS FOR INDIVIDUALS CONDUCTING THE  SCHOOL
 VOTER REGISTRATION ACCESS PROGRAM PURSUANT TO ARTICLE TWENTY-FIVE OF THE
 EDUCATION LAW;
   (C)  PROVIDE  A  TOLL  FREE  TELEPHONE  NUMBER  AT  THE STATE BOARD OF
 ELECTIONS THAT CAN BE CALLED TO ANSWER REGISTRATION QUESTIONS; AND
   (D) DISTRIBUTE PUBLIC  INFORMATION,  PROMOTIONAL  MATERIALS  INCLUDING
 INFORMATION  FOR  STUDENTS  OF  THE  EXISTENCE OF VOTER REGISTRATION AND
 PRE-REGISTRATION SERVICES, AND VOTER REGISTRATION  AND  PRE-REGISTRATION
 APPLICATION  FORMS  FOR  USE  PURSUANT  TO  THIS SECTION RELATING TO THE
 PURPOSES AND IMPLEMENTATION OF  THE  SCHOOL  VOTER  REGISTRATION  ACCESS
 PROGRAM  TO  COUNTY  BOARDS OF ELECTION FOR DISTRIBUTION TO SUCH SCHOOLS
 IDENTIFIED PURSUANT TO SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED  ONE
 OF  THE  EDUCATION  LAW  PRIOR  TO FEBRUARY FIRST OF EACH YEAR INFORMING
 STUDENTS OF THE EXISTENCE OF  VOTER  REGISTRATION  AND  PRE-REGISTRATION
 SERVICES  PROVIDED  PURSUANT  TO  THE  SCHOOL  VOTER REGISTRATION ACCESS
 PROGRAM.

 S. 5073                             4
 
   3. ANY PROSPECTIVE APPLICANT  RECEIVING  AN  APPLICATION  TO  REGISTER
 PURSUANT TO THIS SECTION MAY ELECT TO FILL OUT THE APPLICATION PRIVATELY
 AND RETURN THE APPLICATION TO THE BOARD OF ELECTIONS HIMSELF OR HERSELF.
   4.  NO  PERSON  PARTICIPATING  IN THE SCHOOL VOTER REGISTRATION ACCESS
 PROGRAM SHALL:
   (A) SEEK TO INFLUENCE AN APPLICANT'S  POLITICAL  PREFERENCE  OR  PARTY
 DESIGNATION;
   (B) DISPLAY ANY POLITICAL PREFERENCE OR PARTY ALLEGIANCE;
   (C)  MAKE ANY STATEMENT TO AN APPLICANT OR TAKE ANY ACTION THE PURPOSE
 OR EFFECT OF WHICH IS TO DISCOURAGE THE APPLICANT  FROM  REGISTERING  TO
 VOTE; OR
   (D)  MAKE ANY STATEMENT TO AN APPLICANT OR TAKE ANY ACTION THE PURPOSE
 OR EFFECT OF WHICH IS TO LEAD THE APPLICANT TO BELIEVE THAT  A  DECISION
 TO  REGISTER  OR  NOT TO REGISTER HAS ANY BEARING ON HIS OR HER STANDING
 WITHIN THE SCHOOL.
   5. STRICT NEUTRALITY WITH RESPECT TO A PERSON'S PARTY ENROLLMENT SHALL
 BE MAINTAINED. NO STATEMENT SHALL  BE  MADE  NOR  ANY  ACTION  TAKEN  TO
 DISCOURAGE THE APPLICANT FROM REGISTERING TO VOTE.
   6.  DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
 TION TO REGISTER, BY ANY PERSON DURING VOTER REGISTRATION AND PRE-REGIS-
 TRATION AT A SCHOOL FOR OTHER THAN VOTER REGISTRATION  OR  PRE-REGISTRA-
 TION  PURPOSES,  SHALL  BE  DEEMED  AN  UNWARRANTED INVASION OF PERSONAL
 PRIVACY AND SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
   7. APPLICATIONS SHALL BE PROCESSED BY THE BOARD OF  ELECTIONS  IN  THE
 MANNER PRESCRIBED BY SECTION 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 TO THE APPLICANT AS
 REQUIRED BY EITHER SUBDIVISION NINE OF SECTION 5-210 OR SUBDIVISION FIVE
 OF SECTION 5-208 OF THIS TITLE.
   § 11. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law and  shall  apply  to
 all  school  years commencing on and after such effective date provided,
 however, that the amendments to section 2590-h of the education law made
 by section seven of this act shall not affect the expiration and  rever-
 sion  of  such  section,  when  upon such date the provisions of section
 eight of this act shall take effect. Effective immediately the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made on or before such date.