NY State Assembly Bill A8280A

Archive: Last Bill Status Via S8806 - Signed by Governor

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

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Actions

view actions (21)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2020	approval memo.54 signed chap.350
Dec 11, 2020	delivered to governor
Jul 23, 2020	returned to senate passed assembly ordered to third reading cal.322 substituted for a8280c
Jul 23, 2020	substituted by s8806
Jul 20, 2020	amended on third reading 8280c
Feb 04, 2020	restored to third reading amended by restoring to previous print 8280a
Jan 08, 2020	ordered to third reading cal.322
Jun 20, 2019	ordered to third reading rules cal.678 rules report cal.678 reported reported referred to rules
Jun 19, 2019	reference changed to ways and means
Jun 16, 2019	print number 8280a
Feb 03, 2020	amended on third reading 8280b
Jun 16, 2019	amend and recommit to election law
Jun 11, 2019	referred to election law

Votes

view votes

Jul 22, 2020 - floor Vote

S8806

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S8806

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 21, 2020 - Elections committee Vote

S8806

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Jul 21, 2020

aye (5)

nay (2)

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

Multi-Sponsors

A8280 - Details

Law Section:: Election Law
Laws Affected:: Add Art 5 Title 9 §§5-900 - 5-906, §5-308, amd §9-209, El L

A8280 - Summary

Establishes an electronic personal voter registration process integrated within designated agency applications; requires the state board of elections to promulgate necessary rules and regulations; makes related provisions.

A8280 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8280

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2019
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Election Law

AN  ACT  to amend the election law, in relation to establishing an auto-
  matic voter registration process integrated within  designated  agency
  applications

  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 and may  be  cited  as
the "New York automatic voter registration act of 2019".
  §  2. Article 5 of the election law is amended by adding a new title 9
to read as follows:
                                TITLE IX
                      AUTOMATIC VOTER REGISTRATION
SECTION 5-900. INTEGRATED  PERSONAL   VOTER   REGISTRATION   APPLICATION
                  REQUIRED.
        5-902. FAILURE  TO  RECEIVE  EXEMPLAR  SIGNATURE  NOT TO PREVENT
                 REGISTRATION.
        5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
        5-906. FORMS.
  § 5-900. INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION  REQUIRED.
1. IN ADDITION TO ANY OTHER METHOD OF VOTER REGISTRATION PROVIDED FOR BY
THIS  CHAPTER, STATE AND LOCAL AGENCIES DESIGNATED IN SUBDIVISION TWELVE
OF THIS SECTION SHALL PROVIDE TO THE  STATE  BOARD  OF  ELECTIONS  VOTER
REGISTRATION  QUALIFICATION  INFORMATION ASSOCIATED WITH EACH PERSON WHO
SUBMITS AN APPLICATION FOR SERVICES AT SUCH AGENCY, OR WHO NOTIFIES  THE
AGENCY  OF  A  CHANGE OF ADDRESS OR NAME. SUCH DESIGNATED AGENCIES SHALL
ENSURE AGENCY APPLICATIONS SUBSTANTIALLY INCLUDE  ALL  OF  THE  ELEMENTS
REQUIRED  BY  SECTION  5-210  OF THIS ARTICLE, INCLUDING THE APPROPRIATE
ATTESTATION, SO THAT PERSONS COMPLETING SUCH APPLICATIONS SHALL BE  ABLE
TO ALSO SUBMIT AN APPLICATION TO REGISTER TO VOTE THROUGH THE ELECTRONIC
VOTER  REGISTRATION  TRANSMITTAL  SYSTEM.  FOR PURPOSES OF THIS SECTION,

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

                                                           LBD05948-04-9

A. 8280                             2

"AGENCY" SHALL MEAN ANY STATE OR  LOCAL  AGENCY,  DEPARTMENT,  DIVISION,
OFFICE,  INSTITUTION  OR  OTHER  ENTITY DESIGNATED BY THE STATE BOARD OF
ELECTIONS PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION.
  2.  FOR  EACH  APPLICATION  SUBMITTED TO THE AGENCY, WHETHER ELECTRON-
ICALLY OR ON PAPER, THE AGENCY SHALL TRANSMIT  TO  THE  STATE  BOARD  OF
ELECTIONS  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED AND MAINTAINED  BY  THE  STATE  BOARD  OF
ELECTIONS  THAT PORTION OF THE APPLICATION THAT INCLUDES VOTER REGISTRA-
TION INFORMATION. THE STATE  BOARD  OF  ELECTIONS  SHALL  ELECTRONICALLY
FORWARD  SUCH  APPLICATION  TO THE APPLICABLE BOARD OF ELECTIONS OF EACH
COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING  AND  VERIFICATION
CONSISTENT WITH THIS CHAPTER.
  3.  AN  INTEGRATED  VOTER  REGISTRATION FORM SUBMITTED TO AN AGENCY IN
PAPER FORMAT SHALL BE  TRANSMITTED  TO  THE  STATE  BOARD  OF  ELECTIONS
THROUGH  AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY CONVERT-
ING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT  FORMAT  FILE
WHICH  SHALL  THEREAFTER BE DEEMED THE ORIGINAL FORM FOR VOTER REGISTRA-
TION AND ENROLLMENT PURPOSES.  THE  AGENCY  SHALL  RETAIN  THE  COMPLETE
ORIGINAL  PAPER  APPLICATION FOR NO LESS THAN TWO YEARS. THE TRANSMITTAL
OF THE CONVERTED PAPER APPLICATION MAY INCLUDE OR BE ACCOMPANIED BY DATA
ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED BY THE RULES AND  REGU-
LATIONS OF THE STATE BOARD OF ELECTIONS.
  4. AN INTEGRATED VOTER REGISTRATION APPLICATION SUBMITTED TO AN AGENCY
IN  AN  ELECTRONIC  FORMAT  SHALL  BE  TRANSMITTED TO THE STATE BOARD OF
ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION  TRANSMITTAL  SYSTEM
AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS, INCLUDING
ELECTRONIC  SIGNATURE,  AS  APPLICABLE, AND RECORD OF ATTESTATION OF THE
ACCURACY OF THE VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT
IMAGES.
  5. THE VOTER REGISTRATION RELATED PORTION OF EACH AGENCY'S  INTEGRATED
APPLICATION FOR SERVICES OR ASSISTANCE SHALL:
  (A)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER
SIGNATURE  THAT  HE  OR  SHE  MEETS  THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
  (B) 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 A FALSE REGISTRATION APPLICATION;
  (III)  THAT  THE  OFFICE  WHERE THE APPLICANT APPLIES FOR REGISTRATION
SHALL REMAIN CONFIDENTIAL AND THE VOTER REGISTRATION  INFORMATION  SHALL
BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
  (IV) THAT IF THE APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
SUCH  APPLICANT THEREBY CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE
INDIVIDUAL'S MANUAL SIGNATURE THAT IS IN THE CUSTODY OF  THE  DEPARTMENT
OF  MOTOR VEHICLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIG-
NATED BY THIS SECTION, AS THE INDIVIDUAL'S VOTER  REGISTRATION  EXEMPLAR
SIGNATURE  IF  THE INDIVIDUAL VOTER'S EXEMPLAR SIGNATURE IS NOT PROVIDED
WITH THE VOTER REGISTRATION APPLICATION; AND
  (V) IF THE APPLICANT DECLINES TO REGISTER, SUCH  APPLICANT'S  DECLINA-
TION  SHALL  REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION
PURPOSES;
  (C) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE  WHETHER  THE
APPLICANT  WOULD  LIKE  TO  DECLINE  TO  REGISTER TO VOTE ALONG WITH THE
STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT  CHECK  THIS  BOX,  AND  YOU
PROVIDE  YOUR  SIGNATURE  ON  THE SPACE BELOW, YOU WILL HAVE ATTESTED TO

A. 8280                             3

YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
TER TO VOTE.";
  (D) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE  TO  AFFILIATE  WITH ANY PARTY AND A STATEMENT IN PROMINENT TYPE
"IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE  ABLE  TO  PARTICIPATE  IN
PRIMARY ELECTIONS FOR THAT PARTY".
  (E)  INCLUDE  A STATEMENT THAT IF AN APPLICANT IS A VICTIM OF DOMESTIC
VIOLENCE OR STALKING, HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS
IN ORDER TO RECEIVE INFORMATION REGARDING  THE  ADDRESS  CONFIDENTIALITY
PROGRAM  FOR  VICTIMS  OF  DOMESTIC VIOLENCE UNDER SECTION 5-508 OF THIS
TITLE.
  6. INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION  AND
THE  AGENCY  APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE UPON AN
APPLICATION.
  7. THE AGENCY SHALL REDACT OR REMOVE  FROM  THE  COMPLETED  INTEGRATED
APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
  8.  INFORMATION CONCERNING THE CITIZENSHIP STATUS OF INDIVIDUALS, WHEN
COLLECTED AND TRANSMITTED PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,
SHALL  NOT  BE  RETAINED, USED OR SHARED FOR ANY OTHER PURPOSE EXCEPT AS
MAY BE REQUIRED BY LAW.
  9. A VOTER SHALL BE ABLE TO DECLINE TO REGISTER TO VOTE USING AN INTE-
GRATED APPLICATION BY SELECTING A SINGLE CHECK BOX, OR EQUIVALENT, WHICH
SHALL READ "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION  PURPOSES.
DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS".
  10. THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION APPLICATION
AND  THE  AGENCY  APPLICATION  BY MEANS OF A SINGLE MANUAL OR ELECTRONIC
SIGNATURE UNLESS THE AGENCY REQUIRES MORE THAN ONE SIGNATURE  FOR  OTHER
AGENCY PURPOSES.
  11.  NO  APPLICATION  FOR VOTER REGISTRATION SHALL BE SUBMITTED IF THE
APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
TION, WHETHER ON PAPER OR ONLINE.
  12. DESIGNATED AGENCIES FOR PURPOSES OF THIS SECTION SHALL INCLUDE ALL
AGENCIES DESIGNATED AS VOTER REGISTRATION AGENCIES IN SECTIONS 5-211 AND
5-212 OF THIS ARTICLE, AS WELL AS ANY OTHER  AGENCY  DESIGNATED  BY  THE
STATE  BOARD  OF  ELECTIONS.   EACH AGENCY SHALL ENTER INTO AN AGREEMENT
WITH THE STATE BOARD OF ELECTIONS FINALIZING THE FORMAT AND  CONTENT  OF
ELECTRONIC  TRANSMISSIONS  REQUIRED BY THIS SECTION.  THE STATE BOARD OF
ELECTIONS SHALL PREPARE AND DISTRIBUTE TO  DESIGNATED  AGENCIES  WRITTEN
INSTRUCTIONS  AS  TO  THE  IMPLEMENTATION  OF  THE  PROGRAM AND SHALL BE
RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS FOR EMPLOYEES  OF  DESIG-
NATED  AGENCIES LISTED IN THIS SECTION. ANY SUCH DESIGNATED AGENCY SHALL
TAKE ALL ACTIONS THAT ARE NECESSARY AND PROPER FOR THE IMPLEMENTATION OF
THIS SECTION, INCLUDING FACILITATING TECHNOLOGICAL CAPABILITIES TO ALLOW
TRANSMISSION OF DATA THROUGH AN  INTERFACE  WITH  THE  ELECTRONIC  VOTER
REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.
  13.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROMULGATE RULES AND REGU-
LATIONS FOR THE CREATION AND ADMINISTRATION OF AN INTEGRATED  ELECTRONIC
VOTER REGISTRATION PROCESS AS PROVIDED FOR BY THIS SECTION.
  §  5-902.  FAILURE TO RECEIVE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT  PROVIDED  BY
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

A. 8280                             4

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 BY AFFIDAVIT BALLOT.
  § 5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.  1. NOTWITHSTANDING
SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR ANY OTHER LAW TO THE
CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO  FAILS  TO  DECLINE  TO
REGISTER  TO  VOTE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND
DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING THAT HE
OR SHE IS NOT ELIGIBLE TO DO SO:
  (A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE  APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION;
  (B)  SHALL  BE  DEEMED  TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORI-
ZATION; AND
  (C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO  CITIZEN-
SHIP.
  2. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR
ANY  OTHER  LAW  TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH  THE  PROVISIONS
OF  THIS  SECTION,  WHO  THEN  EITHER  VOTES  OR  ATTEMPTS TO VOTE IN AN
ELECTION HELD AFTER THE EFFECTIVE DATE OF  THAT  PERSON'S  REGISTRATION,
AND WHO DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
THAT  HE  OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT SUBSEQUENTLY VOTE
OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
  (A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE  APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE;
  (B)  SHALL  BE  DEEMED  TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORI-
ZATION; AND
  (C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO  CITIZEN-
SHIP.
  §  5-906.  FORMS.  THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES
AND REGULATIONS TO IMPLEMENT THIS TITLE. ALL AGENCY  FORMS  AND  NOTICES
REQUIRED  BY  THIS  TITLE  SHALL  BE  APPROVED  BY  THE  STATE  BOARD OF
ELECTIONS. ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF  ELECTIONS
PURSUANT  TO  THIS  TITLE  SHALL  BE  PROMULGATED  BY THE STATE BOARD OF
ELECTIONS, AND NO ADDITION OR ALTERNATION TO SUCH FORMS BY  A  BOARD  OF
ELECTIONS  SHALL  BE  MADE  WITHOUT  APPROVAL  OF  THE  STATE  BOARD  OF
ELECTIONS.
  § 3. The election law is amended by adding a new section 5-308 to read
as follows:
  § 5-308. ENROLLMENT; AUTOMATIC VOTER REGISTRATION.  1.  THE  BOARD  OF
ELECTIONS  SHALL,  PROMPTLY  AND  NOT  LATER  THAN TWENTY-ONE DAYS AFTER
RECEIPT OF A VOTER REGISTRATION APPLICATION SUBMITTED PURSUANT TO  TITLE
NINE OF THIS ARTICLE BY A VOTER REGISTERING FOR THE FIRST TIME, SEND ANY
SUCH VOTER WHO DID NOT ENROLL IN A PARTY A NOTICE AND A FORM TO INDICATE
PARTY  ENROLLMENT,  WITH  RETURN POSTAGE PAID BY THE BOARD OF ELECTIONS.
SUCH NOTICE SHALL OFFER THE VOTER THE OPPORTUNITY TO ENROLL WITH A PARTY
OR TO DECLINE TO ENROLL WITH A PARTY AND CONTAIN A STATEMENT  IN  PROMI-

A. 8280                             5

NENT  TYPE "IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTIC-
IPATE IN PRIMARY ELECTIONS FOR THAT PARTY." SUCH FORM  SHALL  PROVIDE  A
CLEAR  ALTERNATIVE  FOR  THE  APPLICANT TO DECLINE TO AFFILIATE WITH ANY
PARTY.  IF  THE  BOARD  OF  ELECTIONS HAS NOT RECEIVED A RESPONSE TO THE
PARTY ENROLLMENT NOTICE AND FORM WITHIN FORTY-FIVE DAYS OF THE  APPLICA-
TION,  THE  BOARD  SHALL  MAIL  A  SECOND SIMILAR NOTICE AND FORM TO THE
VOTER.
  2. NOTWITHSTANDING SUBDIVISION TWO OF SECTION 5-304 OF THIS TITLE,  IF
A VOTER WHO REGISTERED TO VOTE FOR THE FIRST TIME PURSUANT TO TITLE NINE
OF  THIS  ARTICLE  RESPONDS TO THE NOTICE REQUIRED BY SUBDIVISION ONE OF
THIS SECTION AND ELECTS TO ENROLL IN A PARTY, SUCH ENROLLMENT SHALL TAKE
EFFECT IMMEDIATELY.
  3. IF A VOTER APPEARS AT A PRIMARY ELECTION  AND  VOTES  BY  AFFIDAVIT
BALLOT  INDICATING  THE  INTENT  TO ENROLL IN SUCH PARTY, SUCH AFFIDAVIT
BALLOT SHALL CAUSE THE VOTER TO BE ENROLLED IMMEDIATELY IN THAT PARTY IF
THE BOARD OF ELECTIONS DETERMINES THAT THE VOTER REGISTERED TO VOTE  FOR
THE FIRST TIME PURSUANT TO TITLE NINE OF THIS ARTICLE.
  4.  IF  A  VOTER  APPEARS AT A PRIMARY ELECTION AND VOTES BY AFFIDAVIT
BALLOT INDICATING THE INTENT TO ENROLL IN  SUCH  PARTY,  SUCH  AFFIDAVIT
BALLOT  SHALL  BE  CAST AND COUNTED IF THE BOARD OF ELECTIONS DETERMINES
THAT THE VOTER REGISTERED TO VOTE AT LEAST TWENTY-FIVE DAYS BEFORE  THAT
PRIMARY  PURSUANT TO TITLE NINE OF THIS ARTICLE AND SUCH VOTER IS OTHER-
WISE QUALIFIED TO VOTE IN SUCH ELECTION.
  § 4. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
law is amended by adding a new subparagraph (v) to read as follows:
  (V)  IF THE BOARD OF ELECTIONS FINDS THAT THE VOTER REGISTERED TO VOTE
FOR THE FIRST TIME PURSUANT TO TITLE NINE OF ARTICLE FIVE OF THIS  CHAP-
TER AT LEAST TWENTY-FIVE DAYS BEFORE A PRIMARY, APPEARED AT SUCH PRIMARY
ELECTION,  AND  INDICATED ON THE AFFIDAVIT BALLOT ENVELOPE THE INTENT TO
ENROLL IN SUCH PARTY, THE AFFIDAVIT BALLOT SHALL BE CAST AND COUNTED  IF
THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN SUCH ELECTION.
  § 5. 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.

Co-Sponsors

Multi-Sponsors

A8280A - Details

Law Section:: Election Law
Laws Affected:: Add Art 5 Title 9 §§5-900 - 5-906, §5-308, amd §9-209, El L

A8280A - Summary

A8280A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8280--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2019
                               ___________

Introduced  by  M.  of  A. WALKER, CARROLL, ORTIZ, STIRPE, L. ROSENTHAL,
  JEAN-PIERRE, COLTON, PERRY, LIFTON, REYES -- Multi-Sponsored by --  M.
  of  A.    ENGLEBRIGHT  --  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 establishing an auto-
  matic voter registration process integrated within  designated  agency
  applications

  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 and may  be  cited  as
the "New York automatic voter registration act of 2019".
  §  2. Article 5 of the election law is amended by adding a new title 9
to read as follows:
                                TITLE IX
                      AUTOMATIC VOTER REGISTRATION
SECTION 5-900. INTEGRATED  PERSONAL   VOTER   REGISTRATION   APPLICATION
                  REQUIRED.
        5-902. FAILURE  TO  RECEIVE  EXEMPLAR  SIGNATURE  NOT TO PREVENT
                 REGISTRATION.
        5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
        5-906. FORMS.
  § 5-900. INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION  REQUIRED.
1. IN ADDITION TO ANY OTHER METHOD OF VOTER REGISTRATION PROVIDED FOR BY
THIS  CHAPTER, STATE AND LOCAL AGENCIES DESIGNATED IN SUBDIVISION TWELVE
OF THIS SECTION SHALL PROVIDE TO THE  STATE  BOARD  OF  ELECTIONS  VOTER
REGISTRATION  QUALIFICATION  INFORMATION ASSOCIATED WITH EACH PERSON WHO
SUBMITS AN APPLICATION FOR SERVICES AT SUCH AGENCY, OR WHO NOTIFIES  THE
AGENCY  OF  A  CHANGE OF ADDRESS OR NAME. SUCH DESIGNATED AGENCIES SHALL
ENSURE AGENCY APPLICATIONS SUBSTANTIALLY INCLUDE  ALL  OF  THE  ELEMENTS
REQUIRED  BY  SECTION  5-210  OF THIS ARTICLE, INCLUDING THE APPROPRIATE
ATTESTATION, SO THAT PERSONS COMPLETING SUCH APPLICATIONS SHALL BE  ABLE
TO ALSO SUBMIT AN APPLICATION TO REGISTER TO VOTE THROUGH THE ELECTRONIC
VOTER  REGISTRATION  TRANSMITTAL  SYSTEM.  FOR PURPOSES OF THIS SECTION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05948-05-9

A. 8280--A                          2

"AGENCY" SHALL MEAN ANY STATE OR  LOCAL  AGENCY,  DEPARTMENT,  DIVISION,
OFFICE,  INSTITUTION  OR  OTHER  ENTITY DESIGNATED BY THE STATE BOARD OF
ELECTIONS PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION.
  2.  FOR  EACH  APPLICATION  SUBMITTED TO THE AGENCY, WHETHER ELECTRON-
ICALLY OR ON PAPER, THE AGENCY SHALL TRANSMIT  TO  THE  STATE  BOARD  OF
ELECTIONS  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED AND MAINTAINED  BY  THE  STATE  BOARD  OF
ELECTIONS  THAT PORTION OF THE APPLICATION THAT INCLUDES VOTER REGISTRA-
TION INFORMATION. THE STATE  BOARD  OF  ELECTIONS  SHALL  ELECTRONICALLY
FORWARD  SUCH  APPLICATION  TO THE APPLICABLE BOARD OF ELECTIONS OF EACH
COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING  AND  VERIFICATION
CONSISTENT WITH THIS CHAPTER.
  3.  AN  INTEGRATED  VOTER  REGISTRATION FORM SUBMITTED TO AN AGENCY IN
PAPER FORMAT SHALL BE  TRANSMITTED  TO  THE  STATE  BOARD  OF  ELECTIONS
THROUGH  AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY CONVERT-
ING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT  FORMAT  FILE
WHICH  SHALL  THEREAFTER BE DEEMED THE ORIGINAL FORM FOR VOTER REGISTRA-
TION AND ENROLLMENT PURPOSES.  THE  AGENCY  SHALL  RETAIN  THE  COMPLETE
ORIGINAL  PAPER  APPLICATION FOR NO LESS THAN TWO YEARS. THE TRANSMITTAL
OF THE CONVERTED PAPER APPLICATION MAY INCLUDE OR BE ACCOMPANIED BY DATA
ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED BY THE RULES AND  REGU-
LATIONS OF THE STATE BOARD OF ELECTIONS.
  4. AN INTEGRATED VOTER REGISTRATION APPLICATION SUBMITTED TO AN AGENCY
IN  AN  ELECTRONIC  FORMAT  SHALL  BE  TRANSMITTED TO THE STATE BOARD OF
ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION  TRANSMITTAL  SYSTEM
AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS, INCLUDING
ELECTRONIC  SIGNATURE,  AS  APPLICABLE, AND RECORD OF ATTESTATION OF THE
ACCURACY OF THE VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT
IMAGES.
  5. THE VOTER REGISTRATION RELATED PORTION OF EACH AGENCY'S  INTEGRATED
APPLICATION FOR SERVICES OR ASSISTANCE SHALL:
  (A)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER
SIGNATURE  THAT  HE  OR  SHE  MEETS  THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
  (B) 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 A FALSE REGISTRATION APPLICATION;
  (III)  THAT  THE  OFFICE  WHERE THE APPLICANT APPLIES FOR REGISTRATION
SHALL REMAIN CONFIDENTIAL AND THE VOTER REGISTRATION  INFORMATION  SHALL
BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
  (IV) THAT IF THE APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
SUCH  APPLICANT THEREBY CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE
INDIVIDUAL'S MANUAL SIGNATURE THAT IS IN THE CUSTODY OF  THE  DEPARTMENT
OF  MOTOR VEHICLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIG-
NATED BY THIS SECTION, AS THE INDIVIDUAL'S VOTER  REGISTRATION  EXEMPLAR
SIGNATURE  IF  THE INDIVIDUAL VOTER'S EXEMPLAR SIGNATURE IS NOT PROVIDED
WITH THE VOTER REGISTRATION APPLICATION; AND
  (V) IF THE APPLICANT DECLINES TO REGISTER, SUCH  APPLICANT'S  DECLINA-
TION  SHALL  REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION
PURPOSES;
  (C) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE  WHETHER  THE
APPLICANT  WOULD  LIKE  TO  DECLINE  TO  REGISTER TO VOTE ALONG WITH THE
STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT  CHECK  THIS  BOX,  AND  YOU
PROVIDE  YOUR  SIGNATURE  ON  THE SPACE BELOW, YOU WILL HAVE ATTESTED TO

A. 8280--A                          3

YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
TER TO VOTE.";
  (D)  INCLUDE  A WARNING STATEMENT IN PROMINENT TYPE, "IF YOU ARE NOT A
CITIZEN OF THE UNITED STATES, DO NOT CHECK THE  VOTER  REGISTRATION  BOX
BELOW.  NON-CITIZENS  WHO  REGISTER  TO  VOTE MAY BE SUBJECT TO CRIMINAL
PENALTIES AND SUCH VOTER  REGISTRATION  MAY  RESULT  IN  DEPORTATION  OR
REMOVAL,  EXCLUSION  FROM  ADMISSION  TO THE UNITED STATES, OR DENIAL OF
NATURALIZATION.";
  (E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY AND A STATEMENT  IN  PROMINENT  TYPE
"IF  YOU  DO  NOT  CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTICIPATE IN
PRIMARY ELECTIONS FOR THAT PARTY".
  (F) INCLUDE A STATEMENT THAT IF AN APPLICANT IS A VICTIM  OF  DOMESTIC
VIOLENCE OR STALKING, HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS
IN  ORDER  TO  RECEIVE INFORMATION REGARDING THE ADDRESS CONFIDENTIALITY
PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE UNDER  SECTION  5-508  OF  THIS
TITLE.
  6.  INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION AND
THE AGENCY APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE  UPON  AN
APPLICATION.
  7.  THE  AGENCY  SHALL  REDACT OR REMOVE FROM THE COMPLETED INTEGRATED
APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
  8. INFORMATION CONCERNING THE CITIZENSHIP STATUS OF INDIVIDUALS,  WHEN
COLLECTED  AND  TRANSMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
SHALL NOT BE RETAINED, USED OR SHARED FOR ANY OTHER  PURPOSE  EXCEPT  AS
MAY BE REQUIRED BY LAW.
  9. A VOTER SHALL BE ABLE TO DECLINE TO REGISTER TO VOTE USING AN INTE-
GRATED APPLICATION BY SELECTING A SINGLE CHECK BOX, OR EQUIVALENT, WHICH
SHALL  READ "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION PURPOSES.
DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS".
  10. THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION APPLICATION
AND THE AGENCY APPLICATION BY MEANS OF A  SINGLE  MANUAL  OR  ELECTRONIC
SIGNATURE  UNLESS  THE AGENCY REQUIRES MORE THAN ONE SIGNATURE FOR OTHER
AGENCY PURPOSES.
  11. NO APPLICATION FOR VOTER REGISTRATION SHALL BE  SUBMITTED  IF  THE
APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
TION, WHETHER ON PAPER OR ONLINE.
  12. DESIGNATED AGENCIES FOR PURPOSES OF THIS SECTION SHALL INCLUDE ALL
AGENCIES DESIGNATED AS VOTER REGISTRATION AGENCIES IN SECTIONS 5-211 AND
5-212  OF  THIS  ARTICLE,  AS WELL AS ANY OTHER AGENCY DESIGNATED BY THE
STATE BOARD OF ELECTIONS.   EACH AGENCY SHALL ENTER  INTO  AN  AGREEMENT
WITH  THE  STATE BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF
ELECTRONIC TRANSMISSIONS REQUIRED BY THIS SECTION.  THE STATE  BOARD  OF
ELECTIONS  SHALL  PREPARE  AND DISTRIBUTE TO DESIGNATED AGENCIES WRITTEN
INSTRUCTIONS AS TO THE  IMPLEMENTATION  OF  THE  PROGRAM  AND  SHALL  BE
RESPONSIBLE  FOR  ESTABLISHING TRAINING PROGRAMS FOR EMPLOYEES OF DESIG-
NATED AGENCIES LISTED IN THIS  SECTION.    SUCH  INSTRUCTIONS  AND  SUCH
TRAINING  SHALL  ENSURE  USABILITY OF THE INTEGRATED APPLICATION FOR LOW
ENGLISH PROFICIENCY VOTERS.  ANY SUCH DESIGNATED AGENCY SHALL  TAKE  ALL
ACTIONS  THAT  ARE  NECESSARY  AND PROPER FOR THE IMPLEMENTATION OF THIS
SECTION, INCLUDING  FACILITATING  TECHNOLOGICAL  CAPABILITIES  TO  ALLOW
TRANSMISSION  OF  DATA  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER
REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.

A. 8280--A                          4

  13. THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES  AND  REGU-
LATIONS  FOR THE CREATION AND ADMINISTRATION OF AN INTEGRATED ELECTRONIC
VOTER REGISTRATION PROCESS AS PROVIDED FOR BY THIS SECTION.
  §  5-902.  FAILURE TO RECEIVE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT RECEIVED FROM
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 BY AFFIDAVIT BALLOT.
  § 5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.  1. NOTWITHSTANDING
SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR ANY OTHER LAW TO THE
CONTRARY,  A  PERSON  WHO  IS INELIGIBLE TO VOTE WHO FAILS TO DECLINE TO
REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THIS  SECTION  AND
DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING THAT HE
OR SHE IS NOT ELIGIBLE TO DO SO:
  (A)  SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION;
  (B) SHALL BE DEEMED TO HAVE BEEN  REGISTERED  WITH  OFFICIAL  AUTHORI-
ZATION; AND
  (C)  SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
  2. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE  TO  VOTE  WHO
FAILS  TO  DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, WHO THEN  EITHER  VOTES  OR  ATTEMPTS  TO  VOTE  IN  AN
ELECTION  HELD  AFTER  THE EFFECTIVE DATE OF THAT PERSON'S REGISTRATION,
AND WHO DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT  SUBSEQUENTLY  VOTE
OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
  (A)  SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE;
  (B) SHALL BE DEEMED TO HAVE BEEN  REGISTERED  WITH  OFFICIAL  AUTHORI-
ZATION; AND
  (C)  SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
  § 5-906. FORMS. THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES
AND  REGULATIONS  TO  IMPLEMENT THIS TITLE. ALL AGENCY FORMS AND NOTICES
REQUIRED BY  THIS  TITLE  SHALL  BE  APPROVED  BY  THE  STATE  BOARD  OF
ELECTIONS.  ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF ELECTIONS
PURSUANT TO THIS TITLE SHALL  BE  PROMULGATED  BY  THE  STATE  BOARD  OF
ELECTIONS,  AND  NO  ADDITION OR ALTERNATION TO SUCH FORMS BY A BOARD OF
ELECTIONS  SHALL  BE  MADE  WITHOUT  APPROVAL  OF  THE  STATE  BOARD  OF
ELECTIONS.

A. 8280--A                          5

  § 3. The election law is amended by adding a new section 5-308 to read
as follows:
  §  5-308.  ENROLLMENT;  AUTOMATIC  VOTER REGISTRATION. 1. THE BOARD OF
ELECTIONS SHALL, PROMPTLY AND  NOT  LATER  THAN  TWENTY-ONE  DAYS  AFTER
RECEIPT  OF A VOTER REGISTRATION APPLICATION SUBMITTED PURSUANT TO TITLE
NINE OF THIS ARTICLE BY A VOTER REGISTERING FOR THE FIRST TIME, SEND ANY
SUCH VOTER WHO DID NOT ENROLL IN A PARTY A NOTICE AND A FORM TO INDICATE
PARTY ENROLLMENT, WITH RETURN POSTAGE PAID BY THE  BOARD  OF  ELECTIONS.
SUCH NOTICE SHALL OFFER THE VOTER THE OPPORTUNITY TO ENROLL WITH A PARTY
OR  TO  DECLINE TO ENROLL WITH A PARTY AND CONTAIN A STATEMENT IN PROMI-
NENT TYPE "IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE ABLE TO  PARTIC-
IPATE  IN  PRIMARY  ELECTIONS FOR THAT PARTY." SUCH FORM SHALL PROVIDE A
CLEAR ALTERNATIVE FOR THE APPLICANT TO DECLINE  TO  AFFILIATE  WITH  ANY
PARTY.  IF  THE  BOARD  OF  ELECTIONS HAS NOT RECEIVED A RESPONSE TO THE
PARTY ENROLLMENT NOTICE AND FORM WITHIN FORTY-FIVE DAYS OF THE  APPLICA-
TION,  THE  BOARD  SHALL  MAIL  A  SECOND SIMILAR NOTICE AND FORM TO THE
VOTER.
  2. NOTWITHSTANDING SUBDIVISION TWO OF SECTION 5-304 OF THIS TITLE,  IF
A VOTER WHO REGISTERED TO VOTE FOR THE FIRST TIME PURSUANT TO TITLE NINE
OF  THIS  ARTICLE  RESPONDS TO THE NOTICE REQUIRED BY SUBDIVISION ONE OF
THIS SECTION AND ELECTS TO ENROLL IN A PARTY, SUCH ENROLLMENT SHALL TAKE
EFFECT IMMEDIATELY.
  3. IF A VOTER APPEARS AT A PRIMARY ELECTION  AND  VOTES  BY  AFFIDAVIT
BALLOT  INDICATING  THE  INTENT  TO ENROLL IN SUCH PARTY, SUCH AFFIDAVIT
BALLOT SHALL CAUSE THE VOTER TO BE ENROLLED IMMEDIATELY IN THAT PARTY IF
THE BOARD OF ELECTIONS DETERMINES THAT THE VOTER REGISTERED TO VOTE  FOR
THE FIRST TIME PURSUANT TO TITLE NINE OF THIS ARTICLE.
  4.  IF  A  VOTER  APPEARS AT A PRIMARY ELECTION AND VOTES BY AFFIDAVIT
BALLOT INDICATING THE INTENT TO ENROLL IN  SUCH  PARTY,  SUCH  AFFIDAVIT
BALLOT  SHALL  BE  CAST AND COUNTED IF THE BOARD OF ELECTIONS DETERMINES
THAT THE VOTER REGISTERED TO VOTE AT LEAST TWENTY-FIVE DAYS BEFORE  THAT
PRIMARY  PURSUANT TO TITLE NINE OF THIS ARTICLE AND SUCH VOTER IS OTHER-
WISE QUALIFIED TO VOTE IN SUCH ELECTION.
  § 4. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
law is amended by adding a new subparagraph (v) to read as follows:
  (V)  IF THE BOARD OF ELECTIONS FINDS THAT THE VOTER REGISTERED TO VOTE
FOR THE FIRST TIME PURSUANT TO TITLE NINE OF ARTICLE FIVE OF THIS  CHAP-
TER AT LEAST TWENTY-FIVE DAYS BEFORE A PRIMARY, APPEARED AT SUCH PRIMARY
ELECTION,  AND  INDICATED ON THE AFFIDAVIT BALLOT ENVELOPE THE INTENT TO
ENROLL IN SUCH PARTY, THE AFFIDAVIT BALLOT SHALL BE CAST AND COUNTED  IF
THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN SUCH ELECTION.
  § 5. 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.

Co-Sponsors

Multi-Sponsors

A8280B - Details

Law Section:: Election Law
Laws Affected:: Add Art 5 Title 9 §§5-900 - 5-906, §5-308, amd §9-209, El L

A8280B - Summary

A8280B - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8280--B
                                                        Cal. No. 322

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2019
                               ___________

Introduced  by  M.  of  A. WALKER, CARROLL, ORTIZ, STIRPE, L. ROSENTHAL,
  JEAN-PIERRE, COLTON, PERRY, LIFTON, REYES, HYNDMAN, GOTTFRIED, MOSLEY,
  SIMON, WEPRIN, WRIGHT, BICHOTTE, JOYNER,  FRONTUS,  TAYLOR,  JACOBSON,
  SEAWRIGHT,  BLAKE,  BARRON,  DINOWITZ, VANEL, HEVESI, COOK, RODRIGUEZ,
  DARLING, DE LA ROSA, STECK -- Multi-Sponsored by -- M. of A. BUCHWALD,
  ENGLEBRIGHT -- read once and referred to the Committee on Election Law
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  ordered to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN  ACT  to amend the election law, in relation to establishing an auto-
  matic voter registration process integrated within  designated  agency
  applications

  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 and may  be  cited  as
the "New York automatic voter registration act of 2019".
  §  2. Article 5 of the election law is amended by adding a new title 9
to read as follows:
                                TITLE IX
                      AUTOMATIC VOTER REGISTRATION
SECTION 5-900. INTEGRATED  PERSONAL   VOTER   REGISTRATION   APPLICATION
                  REQUIRED.
        5-902. FAILURE  TO  RECEIVE  EXEMPLAR  SIGNATURE  NOT TO PREVENT
                 REGISTRATION.
        5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
        5-906. FORMS.
  § 5-900. INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION  REQUIRED.
1. IN ADDITION TO ANY OTHER METHOD OF VOTER REGISTRATION PROVIDED FOR BY
THIS  CHAPTER, STATE AND LOCAL AGENCIES DESIGNATED IN SUBDIVISION TWELVE
OF THIS SECTION SHALL PROVIDE TO THE  STATE  BOARD  OF  ELECTIONS  VOTER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05948-18-0

A. 8280--B                          2

REGISTRATION  QUALIFICATION  INFORMATION ASSOCIATED WITH EACH PERSON WHO
SUBMITS AN APPLICATION FOR SERVICES AT SUCH AGENCY, OR WHO NOTIFIES  THE
AGENCY  OF  A  CHANGE OF ADDRESS OR NAME. SUCH DESIGNATED AGENCIES SHALL
ENSURE  AGENCY  APPLICATIONS  SUBSTANTIALLY  INCLUDE ALL OF THE ELEMENTS
REQUIRED BY SECTION 5-210 OF THIS  ARTICLE,  INCLUDING  THE  APPROPRIATE
ATTESTATION,  SO THAT PERSONS COMPLETING SUCH APPLICATIONS SHALL BE ABLE
TO ALSO SUBMIT AN APPLICATION TO REGISTER TO VOTE THROUGH THE ELECTRONIC
VOTER REGISTRATION TRANSMITTAL SYSTEM. FOR  PURPOSES  OF  THIS  SECTION,
"AGENCY"  SHALL  MEAN  ANY  STATE OR LOCAL AGENCY, DEPARTMENT, DIVISION,
OFFICE, INSTITUTION OR OTHER ENTITY DESIGNATED BY  THE  STATE  BOARD  OF
ELECTIONS PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION.
  2.  FOR  EACH  APPLICATION  SUBMITTED TO THE AGENCY, WHETHER ELECTRON-
ICALLY OR ON PAPER, THE AGENCY SHALL TRANSMIT  TO  THE  STATE  BOARD  OF
ELECTIONS  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED AND MAINTAINED  BY  THE  STATE  BOARD  OF
ELECTIONS  THAT PORTION OF THE APPLICATION THAT INCLUDES VOTER REGISTRA-
TION INFORMATION. THE STATE  BOARD  OF  ELECTIONS  SHALL  ELECTRONICALLY
FORWARD  SUCH  APPLICATION  TO THE APPLICABLE BOARD OF ELECTIONS OF EACH
COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING  AND  VERIFICATION
CONSISTENT WITH THIS CHAPTER.
  3.  AN  INTEGRATED  VOTER  REGISTRATION FORM SUBMITTED TO AN AGENCY IN
PAPER FORMAT SHALL BE  TRANSMITTED  TO  THE  STATE  BOARD  OF  ELECTIONS
THROUGH  AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY CONVERT-
ING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT  FORMAT  FILE
WHICH  SHALL  THEREAFTER BE DEEMED THE ORIGINAL FORM FOR VOTER REGISTRA-
TION AND ENROLLMENT PURPOSES.  THE  AGENCY  SHALL  RETAIN  THE  COMPLETE
ORIGINAL  PAPER  APPLICATION FOR NO LESS THAN TWO YEARS. THE TRANSMITTAL
OF THE CONVERTED PAPER APPLICATION MAY INCLUDE OR BE ACCOMPANIED BY DATA
ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED BY THE RULES AND  REGU-
LATIONS OF THE STATE BOARD OF ELECTIONS.
  4. AN INTEGRATED VOTER REGISTRATION APPLICATION SUBMITTED TO AN AGENCY
IN  AN  ELECTRONIC  FORMAT  SHALL  BE  TRANSMITTED TO THE STATE BOARD OF
ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION  TRANSMITTAL  SYSTEM
AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS, INCLUDING
ELECTRONIC  SIGNATURE,  AS  APPLICABLE, AND RECORD OF ATTESTATION OF THE
ACCURACY OF THE VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT
IMAGES.
  5. THE VOTER REGISTRATION RELATED PORTION OF EACH AGENCY'S  INTEGRATED
APPLICATION FOR SERVICES OR ASSISTANCE SHALL:
  (A)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER
SIGNATURE  THAT  HE  OR  SHE  MEETS  THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
  (B) 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 A FALSE REGISTRATION APPLICATION;
  (III)  THAT  THE  OFFICE  WHERE THE APPLICANT APPLIES FOR REGISTRATION
SHALL REMAIN CONFIDENTIAL AND THE VOTER REGISTRATION  INFORMATION  SHALL
BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
  (IV) THAT IF THE APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
SUCH  APPLICANT THEREBY CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE
INDIVIDUAL'S MANUAL SIGNATURE THAT IS IN THE CUSTODY OF  THE  DEPARTMENT
OF  MOTOR VEHICLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIG-
NATED BY THIS SECTION, AS THE INDIVIDUAL'S VOTER  REGISTRATION  EXEMPLAR

A. 8280--B                          3

SIGNATURE  IF  THE INDIVIDUAL VOTER'S EXEMPLAR SIGNATURE IS NOT PROVIDED
WITH THE VOTER REGISTRATION APPLICATION; AND
  (V)  IF  THE APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S DECLINA-
TION SHALL REMAIN CONFIDENTIAL AND BE USED ONLY FOR  VOTER  REGISTRATION
PURPOSES;
  (C)  INCLUDE  A BOX FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE
APPLICANT WOULD LIKE TO DECLINE TO  REGISTER  TO  VOTE  ALONG  WITH  THE
STATEMENT  IN  PROMINENT  TYPE,  "IF  YOU DO NOT CHECK THIS BOX, AND YOU
PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU  WILL  HAVE  ATTESTED  TO
YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
TER TO VOTE.";
  (D)  INCLUDE  A WARNING STATEMENT IN PROMINENT TYPE, "IF YOU ARE NOT A
CITIZEN OF THE UNITED STATES, DO NOT CHECK THE  VOTER  REGISTRATION  BOX
BELOW.  NON-CITIZENS  WHO  REGISTER  TO  VOTE MAY BE SUBJECT TO CRIMINAL
PENALTIES AND SUCH VOTER  REGISTRATION  MAY  RESULT  IN  DEPORTATION  OR
REMOVAL,  EXCLUSION  FROM  ADMISSION  TO THE UNITED STATES, OR DENIAL OF
NATURALIZATION.";
  (E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY AND A STATEMENT  IN  PROMINENT  TYPE
"IF  YOU  DO  NOT  CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTICIPATE IN
PRIMARY ELECTIONS FOR THAT PARTY.";
  (F) INCLUDE A STATEMENT THAT IF AN APPLICANT IS A VICTIM  OF  DOMESTIC
VIOLENCE OR STALKING, HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS
IN  ORDER  TO  RECEIVE INFORMATION REGARDING THE ADDRESS CONFIDENTIALITY
PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE UNDER  SECTION  5-508  OF  THIS
ARTICLE.
  6.  INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION AND
THE AGENCY APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE  UPON  AN
APPLICATION.
  7.  THE  AGENCY  SHALL  REDACT OR REMOVE FROM THE COMPLETED INTEGRATED
APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
  8. INFORMATION CONCERNING THE CITIZENSHIP STATUS OF INDIVIDUALS,  WHEN
COLLECTED  AND  TRANSMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
SHALL NOT BE RETAINED, USED OR SHARED FOR ANY OTHER  PURPOSE  EXCEPT  AS
MAY BE REQUIRED BY LAW.
  9. A VOTER SHALL BE ABLE TO DECLINE TO REGISTER TO VOTE USING AN INTE-
GRATED APPLICATION BY SELECTING A SINGLE CHECK BOX, OR EQUIVALENT, WHICH
SHALL  READ "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION PURPOSES.
DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS".
  10. THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION APPLICATION
AND THE AGENCY APPLICATION BY MEANS OF A  SINGLE  MANUAL  OR  ELECTRONIC
SIGNATURE  UNLESS  THE AGENCY REQUIRES MORE THAN ONE SIGNATURE FOR OTHER
AGENCY PURPOSES.
  11. NO APPLICATION FOR VOTER REGISTRATION SHALL BE  SUBMITTED  IF  THE
APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
TION, WHETHER ON PAPER OR ONLINE.
  12. DESIGNATED AGENCIES FOR PURPOSES OF THIS SECTION SHALL INCLUDE ALL
AGENCIES DESIGNATED AS VOTER REGISTRATION AGENCIES IN SECTIONS 5-211 AND
5-212  OF  THIS  ARTICLE,  AS WELL AS ANY OTHER AGENCY DESIGNATED BY THE
STATE BOARD OF ELECTIONS.   EACH AGENCY SHALL ENTER  INTO  AN  AGREEMENT
WITH  THE  STATE BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF
ELECTRONIC TRANSMISSIONS REQUIRED BY THIS SECTION.  THE STATE  BOARD  OF
ELECTIONS  SHALL  PREPARE  AND DISTRIBUTE TO DESIGNATED AGENCIES WRITTEN
INSTRUCTIONS AS TO THE  IMPLEMENTATION  OF  THE  PROGRAM  AND  SHALL  BE

A. 8280--B                          4

RESPONSIBLE  FOR  ESTABLISHING TRAINING PROGRAMS FOR EMPLOYEES OF DESIG-
NATED AGENCIES LISTED IN THIS  SECTION.    SUCH  INSTRUCTIONS  AND  SUCH
TRAINING  SHALL  ENSURE  USABILITY OF THE INTEGRATED APPLICATION FOR LOW
ENGLISH  PROFICIENCY VOTERS.   ANY SUCH DESIGNATED AGENCY SHALL TAKE ALL
ACTIONS THAT ARE NECESSARY AND PROPER FOR  THE  IMPLEMENTATION  OF  THIS
SECTION,  INCLUDING  FACILITATING  TECHNOLOGICAL  CAPABILITIES  TO ALLOW
TRANSMISSION OF DATA THROUGH AN  INTERFACE  WITH  THE  ELECTRONIC  VOTER
REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.
  13.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROMULGATE RULES AND REGU-
LATIONS FOR THE CREATION AND ADMINISTRATION OF AN INTEGRATED  ELECTRONIC
VOTER REGISTRATION PROCESS AS PROVIDED FOR BY THIS SECTION.
  §  5-902.  FAILURE TO RECEIVE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT RECEIVED FROM
AN AGENCY THAT RECEIVES 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 BY AFFIDAVIT BALLOT.
  § 5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.  1. NOTWITHSTANDING
SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR ANY OTHER LAW TO THE
CONTRARY,  A  PERSON  WHO  IS INELIGIBLE TO VOTE WHO FAILS TO DECLINE TO
REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THIS  SECTION  AND
DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING THAT HE
OR SHE IS NOT ELIGIBLE TO DO SO:
  (A)  SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION;
  (B) SHALL BE DEEMED TO HAVE BEEN  REGISTERED  WITH  OFFICIAL  AUTHORI-
ZATION; AND
  (C)  SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
  2. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE  TO  VOTE  WHO
FAILS  TO  DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, WHO THEN  EITHER  VOTES  OR  ATTEMPTS  TO  VOTE  IN  AN
ELECTION  HELD  AFTER  THE EFFECTIVE DATE OF THAT PERSON'S REGISTRATION,
AND WHO DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT  SUBSEQUENTLY  VOTE
OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
  (A)  SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE;
  (B) SHALL BE DEEMED TO HAVE BEEN  REGISTERED  WITH  OFFICIAL  AUTHORI-
ZATION; AND
  (C)  SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.

A. 8280--B                          5

  § 5-906. FORMS. THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES
AND  REGULATIONS  TO  IMPLEMENT THIS TITLE. ALL AGENCY FORMS AND NOTICES
REQUIRED BY  THIS  TITLE  SHALL  BE  APPROVED  BY  THE  STATE  BOARD  OF
ELECTIONS.  ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF ELECTIONS
PURSUANT  TO  THIS  TITLE  SHALL  BE  PROMULGATED  BY THE STATE BOARD OF
ELECTIONS, AND NO ADDITION OR ALTERNATION TO SUCH FORMS BY  A  BOARD  OF
ELECTIONS  SHALL  BE  MADE  WITHOUT  APPROVAL  OF  THE  STATE  BOARD  OF
ELECTIONS.
  § 3. The election law is amended by adding a new section 5-308 to read
as follows:
  § 5-308. ENROLLMENT; AUTOMATIC VOTER REGISTRATION.  1.  THE  BOARD  OF
ELECTIONS  SHALL,  PROMPTLY  AND  NOT  LATER  THAN TWENTY-ONE DAYS AFTER
RECEIPT OF A VOTER REGISTRATION APPLICATION SUBMITTED PURSUANT TO  TITLE
NINE OF THIS ARTICLE BY A VOTER REGISTERING FOR THE FIRST TIME, SEND ANY
SUCH VOTER WHO DID NOT ENROLL IN A PARTY A NOTICE AND A FORM TO INDICATE
PARTY  ENROLLMENT,  WITH  RETURN POSTAGE PAID BY THE BOARD OF ELECTIONS.
SUCH NOTICE SHALL OFFER THE VOTER THE OPPORTUNITY TO ENROLL WITH A PARTY
OR TO DECLINE TO ENROLL WITH A PARTY AND CONTAIN A STATEMENT  IN  PROMI-
NENT  TYPE "IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTIC-
IPATE IN PRIMARY ELECTIONS FOR THAT PARTY." SUCH FORM  SHALL  PROVIDE  A
CLEAR  ALTERNATIVE  FOR  THE  APPLICANT TO DECLINE TO AFFILIATE WITH ANY
PARTY. IF THE BOARD OF ELECTIONS HAS NOT  RECEIVED  A  RESPONSE  TO  THE
PARTY  ENROLLMENT NOTICE AND FORM WITHIN FORTY-FIVE DAYS OF THE APPLICA-
TION, THE BOARD SHALL MAIL A SECOND  SIMILAR  NOTICE  AND  FORM  TO  THE
VOTER.
  2.  NOTWITHSTANDING SUBDIVISION TWO OF SECTION 5-304 OF THIS TITLE, IF
A VOTER WHO REGISTERED TO VOTE FOR THE FIRST TIME PURSUANT TO TITLE NINE
OF THIS ARTICLE RESPONDS TO THE NOTICE REQUIRED BY  SUBDIVISION  ONE  OF
THIS SECTION AND ELECTS TO ENROLL IN A PARTY, SUCH ENROLLMENT SHALL TAKE
EFFECT IMMEDIATELY.
  3.  IF  A  VOTER  APPEARS AT A PRIMARY ELECTION AND VOTES BY AFFIDAVIT
BALLOT INDICATING THE INTENT TO ENROLL IN  SUCH  PARTY,  SUCH  AFFIDAVIT
BALLOT SHALL CAUSE THE VOTER TO BE ENROLLED IMMEDIATELY IN THAT PARTY IF
THE  BOARD OF ELECTIONS DETERMINES THAT THE VOTER REGISTERED TO VOTE FOR
THE FIRST TIME PURSUANT TO TITLE NINE OF THIS ARTICLE.
  4. IF A VOTER APPEARS AT A PRIMARY ELECTION  AND  VOTES  BY  AFFIDAVIT
BALLOT  INDICATING  THE  INTENT  TO ENROLL IN SUCH PARTY, SUCH AFFIDAVIT
BALLOT SHALL BE CAST AND COUNTED IF THE BOARD  OF  ELECTIONS  DETERMINES
THAT  THE VOTER REGISTERED TO VOTE AT LEAST TWENTY-FIVE DAYS BEFORE THAT
PRIMARY PURSUANT TO TITLE NINE OF THIS ARTICLE AND SUCH VOTER IS  OTHER-
WISE QUALIFIED TO VOTE IN SUCH ELECTION.
  §  4.  Paragraph (a) of subdivision 2 of section 9-209 of the election
law is amended by adding a new subparagraph (vii) to read as follows:
  (VII) IF THE BOARD OF ELECTIONS FINDS THAT  THE  VOTER  REGISTERED  TO
VOTE  FOR  THE FIRST TIME PURSUANT TO TITLE NINE OF ARTICLE FIVE OF THIS
CHAPTER AT LEAST TWENTY-FIVE DAYS BEFORE A  PRIMARY,  APPEARED  AT  SUCH
PRIMARY  ELECTION,  AND  INDICATED  ON THE AFFIDAVIT BALLOT ENVELOPE THE
INTENT TO ENROLL IN SUCH PARTY, THE AFFIDAVIT BALLOT SHALL BE  CAST  AND
COUNTED IF THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN SUCH ELECTION.
  § 5. This act shall take effect January 1, 2023.

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A8280C (ACTIVE) - Details

Law Section:: Election Law
Laws Affected:: Add Art 5 Title 9 §§5-900 - 5-906, §5-308, amd §9-209, El L

A8280C (ACTIVE) - Summary

A8280C (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8280--C
                                                        Cal. No. 322

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2019
                               ___________

Introduced  by  M.  of  A. WALKER, CARROLL, ORTIZ, STIRPE, L. ROSENTHAL,
  JEAN-PIERRE, COLTON, PERRY, LIFTON, REYES, HYNDMAN, GOTTFRIED, MOSLEY,
  SIMON, WEPRIN, WRIGHT, BICHOTTE, JOYNER,  FRONTUS,  TAYLOR,  JACOBSON,
  SEAWRIGHT,  BLAKE,  BARRON,  DINOWITZ, VANEL, HEVESI, COOK, RODRIGUEZ,
  DARLING, DE LA ROSA, STECK -- Multi-Sponsored by -- M. of A. BUCHWALD,
  ENGLEBRIGHT -- read once and referred to the Committee on Election Law
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  ordered to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third  reading  --  ordered  to  a  third reading, amended and ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the election law, in relation to establishing  an  auto-
  matic  voter  registration process integrated within designated agency
  applications

  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 and may be cited as
the "New York automatic voter registration act of 2020".
  § 2. Article 5 of the election law is amended by adding a new title  9
to read as follows:
                                TITLE IX
                      AUTOMATIC VOTER REGISTRATION
SECTION 5-900. INTEGRATED   PERSONAL   VOTER   REGISTRATION  APPLICATION
                  REQUIRED.
        5-902. FAILURE TO RECEIVE  EXEMPLAR  SIGNATURE  NOT  TO  PREVENT
                 REGISTRATION.
        5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
        5-906. FORMS.
  §  5-900. INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION REQUIRED.
1. IN ADDITION TO ANY OTHER METHOD OF VOTER REGISTRATION PROVIDED FOR BY
THIS CHAPTER, STATE AND LOCAL AGENCIES DESIGNATED IN SUBDIVISIONS  THIR-
TEEN  AND  FOURTEEN  OF THIS SECTION SHALL PROVIDE TO THE STATE BOARD OF
ELECTIONS VOTER REGISTRATION QUALIFICATION INFORMATION  ASSOCIATED  WITH

EACH  PERSON  WHO  SUBMITS  AN APPLICATION FOR SERVICES OR ASSISTANCE AT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05948-25-0

A. 8280--C                          2

SUCH AGENCY, INCLUDING  A  RENEWAL,  RECERTIFICATION,  OR  REEXAMINATION
TRANSACTION AT SUCH AGENCY, AND EACH PERSON WHO NOTIFIES THE AGENCY OF A
CHANGE  OF  ADDRESS OR NAME. FOR THE PURPOSES OF THE DEPARTMENT OF MOTOR
VEHICLES, "APPLICATION FOR SERVICES OR ASSISTANCE AT SUCH AGENCY" REFERS
ONLY  TO AN APPLICATION FOR A MOTOR VEHICLE DRIVER'S LICENSE, A DRIVER'S
LICENSE RENEWAL OR AN IDENTIFICATION CARD IF SUCH CARD IS ISSUED BY  THE
DEPARTMENT  OF  MOTOR  VEHICLES  IN  ITS NORMAL COURSE OF BUSINESS.  FOR
PURPOSES OF  THE  NEW  YORK  CITY  HOUSING  AUTHORITY  "APPLICATION  FOR
SERVICES  OR ASSISTANCE AT SUCH AGENCY" REFERS ONLY TO APPLICATIONS THAT
REACH AN ELIGIBILITY  INTERVIEW  AND  REEXAMINATION  TRANSACTIONS.  SUCH
DESIGNATED  AGENCIES  SHALL  ENSURE  AGENCY  APPLICATIONS  SUBSTANTIALLY
INCLUDE ALL OF THE ELEMENTS REQUIRED BY SECTION 5-210 OF  THIS  ARTICLE,
INCLUDING  THE  APPROPRIATE ATTESTATION, SO THAT PERSONS COMPLETING SUCH
APPLICATIONS SHALL BE ABLE TO ALSO SUBMIT AN APPLICATION TO REGISTER  TO
VOTE  THROUGH  THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM. FOR
PURPOSES OF THIS SECTION, "AGENCY" SHALL MEAN ANY STATE OR LOCAL AGENCY,
DEPARTMENT, DIVISION, OFFICE, INSTITUTION OR OTHER ENTITY DESIGNATED  IN
SUBDIVISION  THIRTEEN  OF  THIS  SECTION  OR  DESIGNATED BY THE GOVERNOR
PURSUANT TO SUBDIVISION FOURTEEN OF THIS SECTION. FOR PURPOSES  OF  THIS
SECTION,  REGISTRATION  SHALL  ALSO INCLUDE PRE-REGISTRATION PURSUANT TO
SECTION 5-507 OF THIS ARTICLE.
  2. FOR EACH APPLICATION SUBMITTED TO  THE  AGENCY,  WHETHER  ELECTRON-
ICALLY  OR  ON  PAPER,  THE  AGENCY SHALL TRANSMIT TO THE STATE BOARD OF
ELECTIONS THROUGH AN INTERFACE WITH THE  ELECTRONIC  VOTER  REGISTRATION
TRANSMITTAL  SYSTEM  ESTABLISHED  AND  MAINTAINED  BY THE STATE BOARD OF
ELECTIONS THAT PORTION OF THE APPLICATION THAT INCLUDES VOTER  REGISTRA-
TION  INFORMATION.  THE  STATE  BOARD  OF ELECTIONS SHALL ELECTRONICALLY
FORWARD SUCH APPLICATION TO THE APPLICABLE BOARD OF  ELECTIONS  OF  EACH
COUNTY  OR  THE CITY OF NEW YORK FOR FILING, PROCESSING AND VERIFICATION
CONSISTENT WITH THIS CHAPTER.
  3. AN INTEGRATED VOTER REGISTRATION FORM SUBMITTED  TO  AN  AGENCY  IN
PAPER  FORMAT  SHALL  BE  TRANSMITTED  TO  THE  STATE BOARD OF ELECTIONS
THROUGH AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY  CONVERT-
ING  THE  PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT FORMAT FILE
WHICH SHALL THEREAFTER BE DEEMED THE ORIGINAL FORM FOR  VOTER  REGISTRA-
TION  AND  ENROLLMENT  PURPOSES.  THE  AGENCY  SHALL RETAIN THE COMPLETE
ORIGINAL PAPER APPLICATION FOR NO LESS THAN TWO YEARS.  THE  TRANSMITTAL
OF THE CONVERTED PAPER APPLICATION MAY INCLUDE OR BE ACCOMPANIED BY DATA
ELEMENTS  AND TRANSMITTAL INFORMATION AS REQUIRED BY THE RULES AND REGU-
LATIONS OF THE STATE BOARD OF ELECTIONS.
  4. AN INTEGRATED VOTER REGISTRATION APPLICATION SUBMITTED TO AN AGENCY
IN AN ELECTRONIC FORMAT SHALL BE  TRANSMITTED  TO  THE  STATE  BOARD  OF
ELECTIONS  THROUGH  THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM
AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS, INCLUDING
ELECTRONIC SIGNATURE, AS APPLICABLE, AND RECORD OF  ATTESTATION  OF  THE
ACCURACY OF THE VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT
IMAGES.
  5. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, NO AGENCY DESIGNATED
UNDER  THIS  SECTION  SHALL TRANSMIT TO THE STATE BOARD OF ELECTIONS ANY
APPLICATION FOR REGISTRATION FOR A PERSON THAT INDICATES  ON  THE  INTE-
GRATED PERSONAL VOTER REGISTRATION APPLICATION THAT THEY DO NOT MEET ONE
OF THE ELIGIBILITY REQUIREMENTS.
  6.  THE VOTER REGISTRATION RELATED PORTION OF EACH AGENCY'S INTEGRATED
APPLICATION FOR SERVICES OR ASSISTANCE SHALL:
  (A) INCLUDE A STATEMENT OF  THE  ELIGIBILITY  REQUIREMENTS  FOR  VOTER
REGISTRATION  AND  SHALL  REQUIRE  THE APPLICANT TO ATTEST BY HIS OR HER

A. 8280--C                          3

SIGNATURE THAT HE OR SHE  MEETS  THOSE  REQUIREMENTS  UNDER  PENALTY  OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
  (B)  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 A FALSE REGISTRATION APPLICATION;
  (III) THAT THE OFFICE WHERE THE  APPLICANT  APPLIES  FOR  REGISTRATION
SHALL  REMAIN  CONFIDENTIAL AND THE VOTER REGISTRATION INFORMATION SHALL
BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
  (IV) THAT IF THE APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
SUCH APPLICANT THEREBY CONSENTS TO THE USE OF AN ELECTRONIC COPY OF  THE
INDIVIDUAL'S  MANUAL  SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT
OF MOTOR VEHICLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY  DESIG-
NATED  BY  THIS SECTION, AS THE INDIVIDUAL'S VOTER REGISTRATION EXEMPLAR
SIGNATURE IF THE INDIVIDUAL VOTER'S EXEMPLAR SIGNATURE IS  NOT  PROVIDED
WITH THE VOTER REGISTRATION APPLICATION;
  (V)  IF  THE APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S DECLINA-
TION SHALL REMAIN CONFIDENTIAL AND BE USED ONLY FOR  VOTER  REGISTRATION
PURPOSES; AND
  (VI)  THAT  APPLYING TO REGISTER OR DECLINING TO REGISTER TO VOTE WILL
NOT AFFECT THE AMOUNT OF ASSISTANCE THAT THE APPLICANT WILL BE  PROVIDED
BY THIS AGENCY;
  (C)  INCLUDE  A BOX FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE
APPLICANT WOULD LIKE TO DECLINE TO  REGISTER  TO  VOTE  ALONG  WITH  THE
FOLLOWING  STATEMENT  IN  PROMINENT TYPE, "IF YOU DO NOT CHECK THIS BOX,
AND YOU PROVIDE YOUR  SIGNATURE  ON  THE  SPACE  BELOW,  YOU  WILL  HAVE
ATTESTED TO YOUR ELIGIBILITY TO REGISTER OR PRE-REGISTER TO VOTE AND YOU
WILL HAVE APPLIED TO REGISTER OR PRE-REGISTER TO VOTE.";
  (D) INCLUDE THE FOLLOWING WARNING STATEMENT IN PROMINENT TYPE, "IF YOU
ARE  NOT  A  CITIZEN OF THE UNITED STATES, YOU MUST CHECK THE BOX BELOW.
NON-CITIZENS WHO REGISTER OR PRE-REGISTER TO  VOTE  MAY  BE  SUBJECT  TO
CRIMINAL  PENALTIES  AND SUCH VOTER REGISTRATION OR PRE-REGISTRATION MAY
RESULT IN DEPORTATION OR REMOVAL, EXCLUSION FROM ADMISSION TO THE UNITED
STATES, OR DENIAL OF NATURALIZATION.";
  (E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY AND THE FOLLOWING STATEMENT IN PROM-
INENT TYPE "IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTIC-
IPATE IN PRIMARY ELECTIONS FOR THAT PARTY".
  (F) INCLUDE A STATEMENT THAT IF AN APPLICANT IS A VICTIM  OF  DOMESTIC
VIOLENCE OR STALKING, HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS
IN  ORDER  TO  RECEIVE INFORMATION REGARDING THE ADDRESS CONFIDENTIALITY
PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE UNDER  SECTION  5-508  OF  THIS
ARTICLE.
  7.  INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION AND
THE AGENCY APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE  UPON  AN
APPLICATION.
  8.  THE  AGENCY  SHALL  REDACT OR REMOVE FROM THE COMPLETED INTEGRATED
APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
  9. INFORMATION CONCERNING THE CITIZENSHIP STATUS OF INDIVIDUALS,  WHEN
COLLECTED  AND  TRANSMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
SHALL NOT BE RETAINED, USED OR SHARED FOR ANY OTHER  PURPOSE  EXCEPT  AS
MAY BE REQUIRED BY LAW.
  10.  A  VOTER  SHALL  BE  ABLE TO DECLINE TO REGISTER TO VOTE USING AN
INTEGRATED APPLICATION BY SELECTING A SINGLE CHECK BOX,  OR  EQUIVALENT,

A. 8280--C                          4

WHICH SHALL INCLUDE THE FOLLOWING STATEMENT: "I DECLINE USE OF THIS FORM
FOR  VOTER REGISTRATION AND PRE-REGISTRATION PURPOSES. DO NOT FORWARD MY
INFORMATION TO THE BOARD OF ELECTIONS."
  11. THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION APPLICATION
AND  THE  AGENCY  APPLICATION  BY MEANS OF A SINGLE MANUAL OR ELECTRONIC
SIGNATURE UNLESS THE AGENCY REQUIRES MORE THAN ONE SIGNATURE  FOR  OTHER
AGENCY PURPOSES.
  12.  NO  APPLICATION  FOR VOTER REGISTRATION SHALL BE SUBMITTED IF THE
APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
TION, WHETHER ON PAPER OR ONLINE.
  13. DESIGNATED AGENCIES FOR PURPOSES OF THIS SECTION SHALL INCLUDE THE
DEPARTMENT OF MOTOR VEHICLES, THE DEPARTMENT OF HEALTH,  THE  OFFICE  OF
TEMPORARY AND DISABILITY ASSISTANCE, THE DEPARTMENT OF LABOR, THE OFFICE
OF  VOCATIONAL  AND  EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILI-
TIES, COUNTY AND CITY DEPARTMENTS OF SOCIAL SERVICES, AND THE  NEW  YORK
CITY  HOUSING  AUTHORITY,  AS WELL AS ANY OTHER AGENCY DESIGNATED BY THE
GOVERNOR. EACH DESIGNATED AGENCY SHALL ENTER INTO AN AGREEMENT WITH  THE
STATE BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC
TRANSMISSIONS  REQUIRED  BY THIS SECTION.   THE STATE BOARD OF ELECTIONS
SHALL PREPARE AND DISTRIBUTE TO DESIGNATED AGENCIES WRITTEN INSTRUCTIONS
AS TO THE IMPLEMENTATION OF THE PROGRAM AND  SHALL  BE  RESPONSIBLE  FOR
ESTABLISHING  TRAINING  PROGRAMS  FOR  EMPLOYEES  OF DESIGNATED AGENCIES
LISTED IN THIS SECTION.   SUCH  INSTRUCTIONS  AND  SUCH  TRAINING  SHALL
ENSURE  USABILITY  OF  THE INTEGRATED APPLICATION FOR LOW ENGLISH PROFI-
CIENCY VOTERS.  ANY SUCH DESIGNATED AGENCY SHALL TAKE ALL  ACTIONS  THAT
ARE NECESSARY AND PROPER FOR THE IMPLEMENTATION OF THIS SECTION, INCLUD-
ING  FACILITATING  TECHNOLOGICAL  CAPABILITIES  TO ALLOW TRANSMISSION OF
DATA THROUGH AN INTERFACE WITH THE ELECTRONIC VOTER REGISTRATION  TRANS-
MITTAL SYSTEM IN A SECURE MANNER.
  14. EACH YEAR, THE GOVERNOR SHALL CONDUCT A REVIEW OF EACH PARTICIPAT-
ING AGENCY UNDER SECTION 5-211 OF THIS ARTICLE NOT ALREADY DESIGNATED AS
AN  AUTOMATIC  VOTER REGISTRATION AGENCY PURSUANT TO THIS SUBDIVISION IN
ORDER TO DETERMINE WHETHER  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
GOVERNOR  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  REGIS-
TRATION  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 DETERMINATION IS MADE. ANY AGENCY DESIGNATED
BY  THE  GOVERNOR  PURSUANT  TO THIS SUBDIVISION SHALL PROVIDE AUTOMATIC
VOTER REGISTRATION UPON THE EARLIER OCCURRENCE OF: (A) TWO  YEARS  AFTER
DESIGNATION  BY THE GOVERNOR, OR (B) FIVE DAYS AFTER THE DATE OF CERTIF-
ICATION BY THE STATE BOARD OF ELECTIONS THAT THE INFORMATION  TECHNOLOGY
INFRASTRUCTURE TO SUBSTANTIALLY IMPLEMENT THE PROVISIONS OF THIS SECTION
AT THE AGENCY IS FUNCTIONAL.
  15.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROMULGATE RULES AND REGU-
LATIONS FOR THE CREATION AND ADMINISTRATION OF AN INTEGRATED  ELECTRONIC
VOTER REGISTRATION PROCESS AS PROVIDED FOR BY THIS SECTION.
  16.  EACH  PARTICIPATING  AGENCY  SHALL PROVIDE AN OPPORTUNITY THROUGH
RULEMAKING FOR PUBLIC NOTICE AND COMMENT REGARDING THE PLANS FOR  IMPLE-
MENTATION  IN THE AGENCY. SUCH OPPORTUNITY MUST BE PROVIDED SUFFICIENTLY
IN ADVANCE OF IMPLEMENTATION TO ALLOW FOR ADJUSTMENT OF AGENCY PLANS  TO
TAKE  PUBLIC COMMENT INTO ACCOUNT. AGENCY PLANS FOR IMPLEMENTATION SHALL
PROVIDE FOR SUFFICIENT TESTING OF THE PROCESS IN  THE  AGENCY  PRIOR  TO

A. 8280--C                          5

IMPLEMENTATION  IN ORDER TO ENSURE THE TECHNOLOGY IS FUNCTIONING PROPER-
LY, THE PROCESS IS USABLE AND UNDERSTANDABLE FOR APPLICANTS  AND  AGENCY
EMPLOYEES, AND REASONABLE PRECAUTIONS HAVE BEEN PUT IN PLACE TO MINIMIZE
ERROR  OR  THE  POSSIBILITY  OF  DISCOURAGING APPLICATIONS FOR SERVICES,
ASSISTANCE, OR REGISTRATION.
  § 5-902. FAILURE TO RECEIVE EXEMPLAR SIGNATURE NOT TO  PREVENT  REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT RECEIVED FROM
AN APPLICANT WHO SUBMITS A VOTER REGISTRATION OR PRE-REGISTRATION APPLI-
CATION  PURSUANT TO THIS TITLE AND SUCH SIGNATURE EXEMPLAR IS NOT OTHER-
WISE 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 OR PRE-REGISTER
AND, AS APPLICABLE, ENROLL  THE  APPLICANT.  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 REGISTRATION 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  BY  AFFIDAVIT
BALLOT.
  § 5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.  1. NOTWITHSTANDING
SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR ANY OTHER LAW TO THE
CONTRARY,  A  PERSON  WHO  IS INELIGIBLE TO VOTE WHO FAILS TO DECLINE TO
REGISTER OR PRE-REGISTER TO VOTE IN ACCORDANCE WITH  THE  PROVISIONS  OF
THIS  SECTION  AND  DID  NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER OR
PRE-REGISTER TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
  (A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE  APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION;
  (B)  SHALL  BE  DEEMED  TO HAVE BEEN REGISTERED OR PRE-REGISTERED WITH
OFFICIAL AUTHORIZATION; AND
  (C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO  CITIZEN-
SHIP.
  2. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR
ANY  OTHER  LAW  TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER OR PRE-REGISTER TO VOTE IN ACCORDANCE  WITH
THE  PROVISIONS  OF  THIS  SECTION, WHO THEN EITHER VOTES OR ATTEMPTS TO
VOTE IN AN ELECTION HELD AFTER  THE  EFFECTIVE  DATE  OF  THAT  PERSON'S
REGISTRATION,  AND  WHO DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER
OR PRE-REGISTER TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO,
AND DID NOT SUBSEQUENTLY VOTE OR ATTEMPT TO VOTE KNOWING THAT HE OR  SHE
IS NOT ELIGIBLE TO DO SO:
  (A)  SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE;
  (B) SHALL BE DEEMED TO HAVE BEEN  REGISTERED  OR  PRE-REGISTERED  WITH
OFFICIAL AUTHORIZATION; AND
  (C)  SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
  § 5-906. FORMS. THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES
AND  REGULATIONS  TO  IMPLEMENT THIS TITLE. ALL AGENCY FORMS AND NOTICES
REQUIRED BY  THIS  TITLE  SHALL  BE  APPROVED  BY  THE  STATE  BOARD  OF
ELECTIONS.  ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF ELECTIONS
PURSUANT TO THIS TITLE SHALL  BE  PROMULGATED  BY  THE  STATE  BOARD  OF

A. 8280--C                          6

ELECTIONS,  AND  NO  ADDITION  OR ALTERATION TO SUCH FORMS BY A BOARD OF
ELECTIONS  SHALL  BE  MADE  WITHOUT  APPROVAL  OF  THE  STATE  BOARD  OF
ELECTIONS.
  § 3. The election law is amended by adding a new section 5-308 to read
as follows:
  §  5-308.  ENROLLMENT;  AUTOMATIC  VOTER REGISTRATION. 1. THE BOARD OF
ELECTIONS SHALL, PROMPTLY AND  NOT  LATER  THAN  TWENTY-ONE  DAYS  AFTER
RECEIPT  OF A VOTER REGISTRATION OR PRE-REGISTRATION APPLICATION SUBMIT-
TED PURSUANT TO TITLE NINE OF THIS ARTICLE BY  A  VOTER  REGISTERING  OR
PRE-REGISTERING  FOR  THE  FIRST  TIME,  SEND ANY SUCH VOTER WHO DID NOT
ENROLL IN A PARTY A NOTICE AND A FORM TO INDICATE PARTY ENROLLMENT, WITH
RETURN POSTAGE PAID BY THE BOARD OF ELECTIONS.  SUCH NOTICE SHALL  OFFER
THE VOTER THE OPPORTUNITY TO ENROLL WITH A PARTY OR TO DECLINE TO ENROLL
WITH  A  PARTY AND CONTAIN THE FOLLOWING STATEMENT IN PROMINENT TYPE "IF
YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTICIPATE IN PRIMARY
ELECTIONS FOR THAT PARTY." SUCH FORM SHALL PROVIDE A  CLEAR  ALTERNATIVE
FOR  THE  APPLICANT TO DECLINE TO AFFILIATE WITH ANY PARTY. IF THE BOARD
OF ELECTIONS HAS NOT RECEIVED A RESPONSE TO THE PARTY ENROLLMENT  NOTICE
AND FORM WITHIN FORTY-FIVE DAYS OF THE APPLICATION, THE BOARD SHALL MAIL
A SECOND SIMILAR NOTICE AND FORM TO THE VOTER.
  2.  NOTWITHSTANDING SUBDIVISION TWO OF SECTION 5-304 OF THIS TITLE, IF
A VOTER WHO REGISTERED TO VOTE FOR THE FIRST  TIME  (OR  PRE-REGISTERED)
PURSUANT  TO  TITLE NINE OF THIS ARTICLE RESPONDS TO THE NOTICE REQUIRED
BY SUBDIVISION ONE OF THIS SECTION AND ELECTS TO ENROLL IN A PARTY, SUCH
ENROLLMENT SHALL TAKE EFFECT IMMEDIATELY. HOWEVER, ANY  PRE-REGISTRANT'S
REGISTRATION  SHALL  REMAIN  CLASSIFIED  AS  "PENDING"  UNTIL  HE OR SHE
REACHES THE AGE OF ELIGIBILITY.
  3. IF A VOTER APPEARS AT A PRIMARY ELECTION  AND  VOTES  BY  AFFIDAVIT
BALLOT  INDICATING  THE  INTENT  TO ENROLL IN SUCH PARTY, SUCH AFFIDAVIT
BALLOT SHALL CAUSE THE VOTER TO BE ENROLLED IMMEDIATELY IN THAT PARTY IF
THE BOARD OF ELECTIONS DETERMINES THAT THE VOTER REGISTERED (OR  PRE-RE-
GISTERED)  TO  VOTE  FOR  THE  FIRST TIME PURSUANT TO TITLE NINE OF THIS
ARTICLE.
  4. IF A VOTER APPEARS AT A PRIMARY ELECTION  AND  VOTES  BY  AFFIDAVIT
BALLOT  INDICATING  THE  INTENT  TO ENROLL IN SUCH PARTY, SUCH AFFIDAVIT
BALLOT SHALL BE CAST AND COUNTED IF THE BOARD  OF  ELECTIONS  DETERMINES
THAT  THE  VOTER REGISTERED (OR PRE-REGISTERED) TO VOTE AT LEAST TWENTY-
FIVE DAYS BEFORE THAT PRIMARY PURSUANT TO TITLE NINE OF THIS ARTICLE AND
SUCH VOTER IS OTHERWISE QUALIFIED TO VOTE IN SUCH ELECTION.
  § 4. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
law is amended by adding a new subparagraph (vii) to read as follows:
  (VII)  IF  THE  BOARD OF ELECTIONS FINDS THAT THE VOTER REGISTERED (OR
PRE-REGISTERED) TO VOTE FOR THE FIRST TIME PURSUANT  TO  TITLE  NINE  OF
ARTICLE FIVE OF THIS CHAPTER AT LEAST TWENTY-FIVE DAYS BEFORE A PRIMARY,
APPEARED AT SUCH PRIMARY ELECTION, AND INDICATED ON THE AFFIDAVIT BALLOT
ENVELOPE  THE INTENT TO ENROLL IN SUCH PARTY, THE AFFIDAVIT BALLOT SHALL
BE CAST AND COUNTED IF THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN  SUCH
ELECTION.
  §  5.  This  act shall take effect January 1, 2023; provided, however,
the state board of elections  and  any  participating  agency  shall  be
authorized  to  implement  necessary  rules  and regulations and to take
steps required to implement this act immediately.

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The New York State Senate

assembly Bill A8280A

Sponsored By

Archive: Last Bill Status Via S8806 - Signed by Governor

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Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 22, 2020 - Rules committee Vote

Committee Vote: Jul 22, 2020

Jul 21, 2020 - Elections committee Vote

Committee Vote: Jul 21, 2020

Bill Amendments

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Multi-Sponsors

A8280 - Details

A8280 - Summary

A8280 - Bill Text download pdf

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A8280A - Details

A8280A - Summary

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A8280B - Details

A8280B - Summary

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A8280C (ACTIVE) - Details

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assembly Bill A8280A

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Sponsored By

WALKER

Archive: Last Bill Status Via S8806 - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 22, 2020 - Rules committee Vote

Committee Vote: Jul 22, 2020

Jul 21, 2020 - Elections committee Vote

Committee Vote: Jul 21, 2020

Bill Amendments

Co-Sponsors

Robert C. Carroll

Felix Ortiz

Albert A. Stirpe

Linda Rosenthal

Kimberly Jean-Pierre

William Colton

N. Nick Perry

Barbara Lifton

Karines Reyes

Multi-Sponsors

Steven Englebright

A8280 - Details

A8280 - Summary

A8280 - Bill Text download pdf

Co-Sponsors

Robert C. Carroll

Felix Ortiz

Albert A. Stirpe

Linda Rosenthal

Kimberly Jean-Pierre

William Colton

N. Nick Perry

Barbara Lifton

Karines Reyes

Alicia Hyndman

Richard Gottfried

Walter T. Mosley

Jo Anne Simon

David Weprin

Tremaine Wright

Rodneyse Bichotte

Latoya Joyner

Mathylde Frontus

Al Taylor

Jonathan Jacobson

Rebecca Seawright

Michael Blake

Charles Barron

Jeffrey Dinowitz

Clyde Vanel

Andrew Hevesi

Vivian Cook

Robert J. Rodriguez

Taylor Darling

Carmen De La Rosa

Phil Steck

Multi-Sponsors

David Buchwald

Steven Englebright

A8280A - Details

A8280A - Summary

A8280A - Bill Text download pdf

Co-Sponsors

Robert C. Carroll

Felix Ortiz

Albert A. Stirpe

Linda Rosenthal

Kimberly Jean-Pierre

William Colton

N. Nick Perry

Barbara Lifton

Karines Reyes

Alicia Hyndman

Richard Gottfried