The New York State Senate

                    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.