A. 4346 2
(B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
(C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY
MUNICIPAL HOUSING AUTHORITY AS SET FORTH IN ARTICLE THIRTEEN OF THE
PUBLIC HOUSING LAW;
(D) REGISTERS FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
NEW YORK OR THE CITY UNIVERSITY OF NEW YORK;
(E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
PAROLE;
(F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
(G) BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF MILITARY
AND NAVAL AFFAIRS; OR
(H) COMPLETES AN APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
THREE OF THIS SECTION.
3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
TITLE, THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN OF THE
PUBLIC HOUSING LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF MILITARY AND
NAVAL AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(B) THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN-
CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
(I) THE LIKELIHOOD THAT SOURCE RECORDS REFLECT A LARGE NUMBER OF
ELIGIBLE CITIZENS;
(II) THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO
WOULD NOT OTHERWISE BE REGISTERED UNDER THE ACT TO MODERNIZE VOTER
REGISTRATION;
(III) THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS;
AND
(IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION OFFICIAL
AS REASONABLY RELATED TO ACCOMPLISHING THE PURPOSES OF THE ACT TO
MODERNIZE VOTER REGISTRATION.
4. THE STATE BOARD OF ELECTIONS AND THE SOURCE AGENCIES SHALL ENTER
INTO AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION
TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO THE
STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
(A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
(B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
(C) DATE OF BIRTH;
(D) CITIZENSHIP;
(E) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE FOR THE
PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
(F) POLITICAL PARTY ENROLLMENT, IF ANY;
(G) AN INDICATION THAT THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
BALLOT, IF ANY; AND
(H) AN IMAGE OF THE PERSON'S SIGNATURE.
IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT TO THIS SECTION
FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
A. 4346 3
SIGNATURE SHALL NOT PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
CITIZEN, WHOSE INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A SIGNATURE
AT THE POLLING PLACE OR WITH AN APPLICATION FOR AN ABSENTEE BALLOT
BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT PROVIDED A
SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
BALLOT TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK, PAYCHECK, OR
OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
5. IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING THE
CITIZENSHIP STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS SUFFICIENT
TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
ZENSHIP FOR EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO AN
INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
6. THE STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO
PARTICIPATING AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION OF
THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS
FOR EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING SHALL
INCLUDE REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE TO
EACH INDIVIDUAL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION THAT THE
SOURCE AGENCY MAINTAINS STRICT NEUTRALITY WITH RESPECT TO A PERSON'S
PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
INFORMATION SHALL BE ADVISED THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO VOTE.
NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
CANT FROM REGISTERING TO VOTE.
7. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE
AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION, ADDITIONAL
INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
TATING VOTER REGISTRATION, THE FREQUENCY OF DATA TRANSMISSIONS, THE
PROCEDURES AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE SECURITY
AND PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
8. EACH SOURCE AGENCY SHALL COOPERATE WITH THE STATE BOARD OF
ELECTIONS AND COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH SUCH
PERSON TO VOTE OR TO UPDATE EACH SUCH PERSON'S VOTER REGISTRATION
RECORD.
9. EACH SOURCE AGENCY SHALL ENTER INTO AN AGREEMENT WITH THE STATE
BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
SMISSIONS REQUIRED BY THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
THOUSAND TWENTY-THREE; PROVIDED, THAT EACH SOURCE AGENCY SHALL BE ABLE
TO COMPLY FULLY WITH ALL REQUIREMENTS OF THIS SECTION, INCLUDING THE
COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
TO VOTE, BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
10. UPON RECEIVING INFORMATION FROM A SOURCE AGENCY WITH RESPECT TO AN
INDIVIDUAL, THE STATE BOARD OF ELECTIONS SHALL DETERMINE WHETHER THE
INDIVIDUAL IS INCLUDED IN THE COMPUTERIZED STATEWIDE VOTER REGISTRATION
LIST.
(A) IF AN INDIVIDUAL FOR WHOM INFORMATION IS RECEIVED FROM A SOURCE
AGENCY IS ELIGIBLE TO VOTE IN ELECTIONS FOR FEDERAL OFFICE IN THE STATE
A. 4346 4
AND IS NOT ON THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST, THE
STATE BOARD OF ELECTIONS SHALL: (I) ENSURE THAT THE INDIVIDUAL IS REGIS-
TERED TO VOTE IN SUCH ELECTIONS NOT LATER THAN FIVE DAYS AFTER RECEIVING
THE INFORMATION, WITHOUT REGARD TO WHETHER OR NOT THE INFORMATION
PROVIDED BY THE SOURCE AGENCY INCLUDES THE INDIVIDUAL'S SIGNATURE; (II)
UPDATE THE STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST TO INCLUDE THE
INDIVIDUAL; AND (III) NOTIFY THE INDIVIDUAL THAT THE INDIVIDUAL IS
REGISTERED TO VOTE IN ELECTIONS FOR FEDERAL OFFICE IN THE STATE.
(B) IF A SOURCE AGENCY PROVIDES THE STATE BOARD OF ELECTIONS WITH
INFORMATION WITH RESPECT TO AN INDIVIDUAL WHO DID NOT CONSENT TO BE
REGISTERED TO VOTE, THE STATE BOARD OF ELECTIONS SHALL NOT TAKE ANY
ACTION TO REGISTER THE INDIVIDUAL TO VOTE, EXCEPT THAT NO SUCH INDIVID-
UAL WHO IS ALREADY INCLUDED ON THE COMPUTERIZED STATEWIDE VOTER REGIS-
TRATION LIST SHALL BE REMOVED FROM THE LIST SOLELY BECAUSE THE INFORMA-
TION WAS INCORRECTLY PROVIDED.
11. IF AN INDIVIDUAL WHO IS NOT ELIGIBLE TO REGISTER TO VOTE IN
ELECTIONS FOR FEDERAL OFFICE IS REGISTERED TO VOTE IN SUCH ELECTIONS BY
THE STATE BOARD OF ELECTIONS, THE INDIVIDUAL SHALL NOT BE SUBJECT TO ANY
PENALTY, INCLUDING THE IMPOSITION OF A FINE OR TERM OF IMPRISONMENT,
ADVERSE TREATMENT IN ANY IMMIGRATION OR NATURALIZATION PROCEEDING, OR
THE DENIAL OF ANY STATUS UNDER IMMIGRATION LAWS, UNDER ANY LAW PROHIBIT-
ING AN INDIVIDUAL WHO IS NOT ELIGIBLE TO REGISTER TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE FROM REGISTERING TO VOTE IN SUCH ELECTIONS. NOTHING
IN THIS SUBDIVISION SHALL BE CONSTRUED TO WAIVE THE LIABILITY OF ANY
INDIVIDUAL WHO KNOWINGLY PROVIDES FALSE INFORMATION TO ANY PERSON
REGARDING THE INDIVIDUAL'S ELIGIBILITY TO REGISTER TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE.
12. NO PERSON MAY USE THE INFORMATION RECEIVED BY THE STATE BOARD OF
ELECTIONS TO DETERMINE THE CITIZENSHIP STATUS OF ANY INDIVIDUAL FOR
IMMIGRATION ENFORCEMENT, CRIMINAL LAW ENFORCEMENT (OTHER THAN ENFORCE-
MENT OF THIS CHAPTER), OR ANY OTHER PURPOSE OTHER THAN VOTER REGISTRA-
TION OR ELECTION ADMINISTRATION. NO INFORMATION RELATING TO AN INDIVID-
UAL'S ABSENCE FROM THE STATEWIDE VOTER REGISTRATION LIST OR AN
INDIVIDUAL'S DECLINATION TO SUPPLY INFORMATION FOR VOTER REGISTRATION
PURPOSES TO A SOURCE AGENCY MAY BE DISCLOSED TO THE PUBLIC FOR IMMI-
GRATION ENFORCEMENT, CRIMINAL LAW ENFORCEMENT OTHER THAN ENFORCEMENT OF
LAWS AGAINST ELECTION CRIMES, OR USED FOR ANY PURPOSE OTHER THAN VOTER
REGISTRATION, ELECTION ADMINISTRATION, OR THE ENFORCEMENT OF ELECTION
LAWS.
13. VOTER REGISTRATION INFORMATION COLLECTED UNDER THIS SECTION SHALL
NOT BE USED FOR COMMERCIAL PURPOSES INCLUDING FOR COMPARISON WITH ANY
EXISTING COMMERCIAL LIST OR DATABASE.
§ 5-232. AVAILABILITY OF ONLINE REGISTRATION. 1. EVERY ELECTION
DISTRICT SHALL ENSURE THAT THE FOLLOWING SERVICES ARE AVAILABLE TO THE
PUBLIC AT ANY TIME ON THE OFFICIAL PUBLIC WEBSITES OF THE APPROPRIATE
LOCAL ELECTION OFFICIALS IN THE STATE: ONLINE APPLICATION FOR VOTER
REGISTRATION, ONLINE ASSISTANCE TO APPLICATIONS IN APPLYING TO REGISTER
TO VOTE, ONLINE COMPLETION AND SUBMISSION BY APPLICATIONS OF THE MAIL
VOTER REGISTRATION APPLICATION FORM PURSUANT TO SECTION 5-210, INCLUDING
ASSISTANCE WITH PROVIDING A SIGNATURE IN ELECTRONIC FORM AS REQUIRED
UNDER SECTION 5-234 OF THIS TITLE, AND ONLINE RECEIPT OF COMPLETED VOTER
REGISTRATION APPLICATIONS.
2. ANY COUNTY OR MUNICIPALITY SHALL ACCEPT AN ONLINE VOTER REGISTRA-
TION APPLICATION PROVIDED BY AN INDIVIDUAL UNDER THIS SECTION, AND
ENSURE THAT THE INDIVIDUAL IS REGISTERED TO VOTE IN THE STATE, IF (A)
THE INDIVIDUAL MEETS THE SAME VOTER REGISTRATION REQUIREMENTS APPLICABLE
A. 4346 5
TO INDIVIDUALS WHO REGISTER TO VOTE BY MAIL IN ACCORDANCE WITH LAW USING
THE MAIL VOTER REGISTRATION APPLICATION FORM, AND (B) THE INDIVIDUAL
PROVIDES A SIGNATURE IN ELECTRONIC FORM PURSUANT TO SECTION 5-234 OF
THIS TITLE.
3. (A) UPON THE ONLINE SUBMISSION OF A COMPLETED VOTER REGISTRATION
APPLICATION BY AN INDIVIDUAL UNDER THIS SECTION, THE APPROPRIATE STATE
OR LOCAL ELECTION OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE CONFIRMING
THE STATE'S RECEIPT OF THE APPLICATION AND PROVIDING INSTRUCTIONS ON HOW
THE INDIVIDUAL MAY CHECK THE STATUS OF THE APPLICATION, AND
(B) AS SOON AS THE APPROPRIATE ELECTION OFFICIAL HAS APPROVED OR
REJECTED AN APPLICATION SUBMITTED BY AN INDIVIDUAL UNDER THIS SECTION,
THE OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE OF THE DISPOSITION OF
THE APPLICATION.
§ 5-234. SIGNATURES IN ELECTRONIC FORM. AN INDIVIDUAL PROVIDES A
SIGNATURE IN ELECTRONIC FORM BY EXECUTING A COMPUTERIZED MARK IN THE
SIGNATURE FIELD ON AN ONLINE VOTER REGISTRATION APPLICATION; OR SUBMIT-
TING WITH THE APPLICATION AN ELECTRONIC COPY OF THE INDIVIDUAL'S HAND-
WRITTEN SIGNATURE THROUGH ELECTRONIC MEANS.
§ 5-236. NONPARTISAN MANNER. THE SERVICES MADE AVAILABLE UNDER THIS
TITLE SHALL BE PROVIDED IN A MANNER THAT ENSURES THAT THE ONLINE APPLI-
CATION DOES NOT SEEK TO INFLUENCE AN APPLICANT'S POLITICAL PREFERENCE OR
PARTY REGISTRATION AND THERE IS NO DISPLAY ON THE WEBSITE PROMOTING ANY
POLITICAL PREFERENCE OR PARTY ALLEGIANCE, EXCEPT THAT NOTHING IN THIS
SECTION MAY BE CONSTRUED TO PROHIBIT AN APPLICANT FROM REGISTERING TO
VOTE AS A MEMBER OF A POLITICAL PARTY.
§ 5-238. PROTECTION OF SECURITY INFORMATION. THE STATE BOARD OF
ELECTIONS SHALL ESTABLISH APPROPRIATE TECHNOLOGICAL SECURITY MEASURES TO
PREVENT TO THE GREATEST EXTENT PRACTICABLE ANY UNAUTHORIZED ACCESS TO
INFORMATION PROVIDED BY INDIVIDUALS USING THE SERVICES MADE AVAILABLE
UNDER SECTION 5-232 OF THIS TITLE.
§ 5-240. USE OF ADDITIONAL TELEPHONE-BASED SYSTEM. THE BOARD OF
ELECTIONS SHALL MAKE THE SERVICES MADE AVAILABLE ONLINE UNDER SECTION
5-232 OF THIS TITLE AVAILABLE THROUGH THE USE OF AN AUTOMATED TELE-
PHONE-BASED SYSTEM, SUBJECT TO THE SAME TERMS AND CONDITIONS APPLICABLE
UNDER THIS SECTION TO THE SERVICES MADE AVAILABLE ONLINE, IN ADDITION TO
MAKING THE SERVICES AVAILABLE ONLINE IN ACCORDANCE WITH THE REQUIREMENTS
OF THIS SECTION.
§ 5-242. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. 1. THE
APPROPRIATE STATE OR LOCAL ELECTION OFFICIAL SHALL ENSURE THAT ANY
REGISTERED VOTER ON THE COMPUTERIZED LIST MAY AT ANY TIME UPDATE THE
VOTER'S REGISTRATION INFORMATION, INCLUDING THE VOTER'S ADDRESS AND
ELECTRONIC MAIL ADDRESS, ONLINE THROUGH THE OFFICIAL PUBLIC WEBSITE OF
THE ELECTION OFFICIAL RESPONSIBLE FOR THE MAINTENANCE OF THE LIST, SO
LONG AS THE VOTER ATTESTS TO THE CONTENTS OF THE UPDATE BY PROVIDING A
SIGNATURE IN ELECTRONIC FORM.
2. IF A REGISTERED VOTER UPDATES REGISTRATION INFORMATION, THE APPRO-
PRIATE STATE OR LOCAL ELECTION OFFICIAL SHALL REVISE ANY INFORMATION ON
THE COMPUTERIZED LIST TO REFLECT THE UPDATE MADE BY THE VOTER; AND IF
THE UPDATED REGISTRATION INFORMATION AFFECTS THE VOTER'S ELIGIBILITY TO
VOTE IN AN ELECTION, ENSURE THAT THE INFORMATION IS PROCESSED WITH
RESPECT TO THE ELECTION IF THE VOTER UPDATES THE INFORMATION NOT LATER
THAN SEVEN DAYS BEFORE THE ELECTION.
3. UPON THE ONLINE SUBMISSION OF UPDATED REGISTRATION INFORMATION BY
AN INDIVIDUAL UNDER THIS SECTION, THE APPROPRIATE STATE OR LOCAL
ELECTION OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE CONFIRMING RECEIPT
A. 4346 6
OF THE UPDATED INFORMATION AND PROVIDING INSTRUCTIONS ON HOW THE INDI-
VIDUAL MAY CHECK THE STATUS OF THE UPDATE.
4. AS SOON AS THE APPROPRIATE STATE OR LOCAL ELECTION OFFICIAL HAS
ACCEPTED OR REJECTED UPDATED INFORMATION SUBMITTED BY AN INDIVIDUAL
UNDER THIS SECTION, THE OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE OF
THE DISPOSITION OF THE UPDATE.
5. THE APPROPRIATE STATE OR LOCAL ELECTION OFFICIAL SHALL SEND THE
NOTICES REQUIRED UNDER THIS SECTION BY REGULAR MAIL, AND, IN THE CASE OF
AN INDIVIDUAL WHO HAS REQUESTED THAT THE STATE PROVIDE VOTER REGISTRA-
TION AND VOTING INFORMATION THROUGH ELECTRONIC MAIL, BY BOTH ELECTRONIC
MAIL AND REGULAR MAIL.
§ 5-244. LIST MAINTENANCE, PRIVACY AND SECURITY. 1. THE STATE BOARD OF
ELECTIONS SHALL PUBLISH ON THEIR WEBSITE ALL STANDARDS ESTABLISHED UNDER
THIS SECTION. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH STANDARDS
GOVERNING THE COMPARISON OF DATA ON THE STATEWIDE COMPUTERIZED VOTER
REGISTRATION LIST, THE DATA PROVIDED BY VARIOUS SOURCE AGENCIES UNDER
SECTION 5-200 OF THIS TITLE, INCLUDING THE SPECIFIC DATA ELEMENTS AND
DATA MATCHING RULES TO BE USED FOR PURPOSES OF DETERMINING: (A) WHETHER
A DATA RECORD FROM ANY SOURCE AGENCY REPRESENTS THE SAME INDIVIDUAL AS A
RECORD IN ANOTHER SOURCE AGENCY OR ON THE STATEWIDE LIST; (B) WHETHER A
DATA RECORD FROM ANY SOURCE AGENCY REPRESENTS AN INDIVIDUAL ALREADY
REGISTERED TO VOTE IN THE STATE; (C) WHETHER TWO DATA RECORDS IN THE
STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST REPRESENT DUPLICATE
RECORDS FOR THE SAME INDIVIDUAL; (D) WHETHER A DATA RECORD SUPPLIED BY
ANY LIST MAINTENANCE SOURCE REPRESENTS AN INDIVIDUAL ALREADY REGISTERED
TO VOTE IN THE STATE; AND (E) WHICH INFORMATION WILL BE TREATED AS MORE
CURRENT AND RELIABLE WHEN DATA RECORDS FROM MULTIPLE SOURCES PRESENT
INFORMATION FOR THE SAME INDIVIDUAL.
2. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH UNIFORM AND NON-DIS-
CRIMINATORY STANDARDS DESCRIBING THE SPECIFIC CONDITIONS UNDER WHICH AN
INDIVIDUAL WILL BE DETERMINED FOR LIST MAINTENANCE PURPOSES TO BE INELI-
GIBLE TO VOTE IN AN ELECTION.
3. THE STATE BOARD OF ELECTIONS SHALL PUBLISH AND ENFORCE A PRIVACY
AND SECURITY POLICY SPECIFYING EACH CLASS OF USERS WHO SHALL HAVE
AUTHORIZED ACCESS TO THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST,
SPECIFYING FOR EACH SUCH CLASS THE PERMISSION AND LEVELS OF ACCESS TO BE
GRANTED, AND SETTING FORTH OTHER SAFEGUARDS TO PROTECT THE PRIVACY AND
SECURITY OF THE INFORMATION ON THE LIST. SUCH POLICY SHALL INCLUDE SECU-
RITY SAFEGUARDS TO PROTECT PERSONAL INFORMATION IN THE DATA TRANSFER
PROCESS, THE ONLINE OR TELEPHONE INTERFACE, THE MAINTENANCE OF THE VOTER
REGISTRATION DATABASE, AND AUDIT PROCEDURES TO TRACK INDIVIDUAL ACCESS
TO THE SYSTEM.
4. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH POLICIES AND ENFORCE-
MENT PROCEDURES TO PREVENT UNAUTHORIZED ACCESS TO OR USE OF THE COMPUT-
ERIZED STATEWIDE VOTER REGISTRATION LIST, ANY LIST OR OTHER INFORMATION
PROVIDED BY A SOURCE AGENCY, OR ANY MAINTENANCE SOURCE FOR THE LIST.
NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT ACCESS TO
INFORMATION REQUIRED FOR OFFICIAL PURPOSES FOR PURPOSES OF VOTER REGIS-
TRATION, ELECTION ADMINISTRATION, AND THE ENFORCEMENT OF ELECTION LAWS.
5. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH POLICIES AND ENFORCE-
MENT PROCEDURES TO MAINTAIN SECURITY DURING INTER-AGENCY TRANSFERS OF
INFORMATION REQUIRED OR PERMITTED UNDER THIS CHAPTER. EACH STATE AGENCY
AND THIRD PARTY PARTICIPATING IN SUCH INTER-AGENCY TRANSFERS OF INFORMA-
TION SHALL FACILITATE AND COMPLY WITH SUCH POLICIES. NOTHING IN THIS
SUBDIVISION SHALL PREVENT A SOURCE AGENCY FROM ESTABLISHING AND ENFORC-
ING ADDITIONAL SECURITY MEASURES TO PROTECT THE CONFIDENTIALITY AND
A. 4346 7
INTEGRITY OF INTER-AGENCY DATA TRANSFERS. NO STATE OR LOCAL ELECTION
OFFICIAL SHALL TRANSFER OR FACILITATE THE TRANSFER OF INFORMATION FROM
THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST TO ANY SOURCE AGENCY.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A SOURCE
AGENCY FROM CONTRACTING WITH A THIRD PARTY TO ASSIST IN THE TRANSMISSION
OF DATA TO THE STATE BOARD OF ELECTIONS, SO LONG AS THE DATA TRANS-
MISSION COMPLIES WITH THE APPLICABLE REQUIREMENTS OF THIS CHAPTER.
7. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH STANDARDS AND PROCE-
DURES TO MAINTAIN ALL ELECTION RECORDS REQUIRED FOR PURPOSES OF THIS
SECTION. RECORDS FOR INDIVIDUALS WHO HAVE BEEN RETAINED ON THE COMPUTER-
IZED STATEWIDE REGISTRATION LIST BUT IDENTIFIED AS INELIGIBLE TO VOTE IN
AN ELECTION OR REMOVED FROM THE LIST DUE TO INELIGIBILITY, SHALL BE
MAINTAINED AND KEPT AVAILABLE UNTIL AT LEAST THE DATE OF THE SECOND
GENERAL ELECTION FOR FEDERAL OFFICE THAT OCCURS AFTER THE DATE THAT THE
INDIVIDUAL WAS IDENTIFIED AS INELIGIBLE.
8. THE IDENTITY OF THE SPECIFIC SOURCE AGENCY THROUGH WHICH AN INDI-
VIDUAL CONSENTED TO REGISTER TO VOTE SHALL NOT BE DISCLOSED TO THE
PUBLIC AND SHALL NOT BE RETAINED AFTER THE INDIVIDUAL IS ADDED TO THE
COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST.
9. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH POLICIES AND ENFORCE-
MENT PROCEDURES TO ENSURE THAT PERSONAL INFORMATION PROVIDED BY SOURCE
AGENCIES OR OTHERWISE TRANSMITTED UNDER THIS SECTION IS KEPT CONFIDEN-
TIAL AND IS AVAILABLE ONLY TO AUTHORIZED USERS. FOR PURPOSES OF THESE
POLICIES AND PROCEDURES, THE TERM "PERSONAL INFORMATION" MEANS ANY OF
THE FOLLOWING:
(A) ANY PORTION OF AN INDIVIDUAL'S SOCIAL SECURITY NUMBER;
(B) ANY PORTION OF AN INDIVIDUAL'S MOTOR VEHICLE DRIVER'S LICENSE
NUMBER OR STATE IDENTIFICATION CARD NUMBER;
(C) AN INDIVIDUAL'S SIGNATURE;
(D) AN INDIVIDUAL'S PERSONAL RESIDENCE AND CONTACT INFORMATION;
(E) SENSITIVE INFORMATION RELATING TO PERSONS IN CATEGORIES DESIGNATED
CONFIDENTIAL BY FEDERAL OR STATE LAW, INCLUDING VICTIMS OF DOMESTIC
VIOLENCE OR STALKING, PROSECUTORS AND LAW ENFORCEMENT PERSONNEL, AND
PARTICIPANTS IN A WITNESS PROTECTION PROGRAM;
(F) AN INDIVIDUAL'S PHONE NUMBER;
(G) AN INDIVIDUAL'S EMAIL ADDRESS;
(H) ANY INDICATION OF AN INDIVIDUAL'S STATUS AS A CITIZEN OR NONCITI-
ZEN OF THE UNITED STATES; AND
(I) SUCH OTHER INFORMATION AS THE STATE BOARD OF THE ELECTIONS MAY
DESIGNATE AS CONFIDENTIAL TO THE EXTENT REASONABLY NECESSARY TO PREVENT
IDENTITY THEFT OR IMPERSONATION, EXCEPT THAT SUCH BOARD MAY NOT DESIG-
NATE AS CONFIDENTIAL UNDER THIS SUBDIVISION THE NAME, ADDRESS, OR DATE
OF REGISTRATION OF AN INDIVIDUAL, OR WHERE APPLICABLE, THE SELF-IDENTI-
FIED RACIAL OR ETHNIC CATEGORY OF THE INDIVIDUAL.
10. THE STATE BOARD OF ELECTIONS SHALL ENSURE THAT, WITH RESPECT TO
ANY INDIVIDUAL WHO DECLINES THE OPPORTUNITY TO REGISTER TO VOTE, THE
INDIVIDUAL'S INFORMATION IS NOT INCLUDED ON THE COMPUTERIZED STATEWIDE
VOTER REGISTRATION LIST AND IS NOT PROVIDED TO A THIRD PARTY (EXCEPT TO
THE EXTENT REQUIRED UNDER OTHER LAW). NOTHING IN THIS SUBDIVISION SHALL
BE CONSTRUED TO PRECLUDE AN INDIVIDUAL WHO HAS PREVIOUSLY DECLINED THE
OPPORTUNITY TO REGISTER TO VOTE FROM SUBSEQUENTLY REGISTERING TO VOTE.
§ 5-246. ACCURACY OF STATEWIDE VOTER REGISTRATION LISTS. 1. NOT LATER
THAN TWENTY-FOUR HOURS AFTER RECEIVING A CHANGE OF ADDRESS FORM OR ANY
OTHER INFORMATION INDICATING THAT IDENTIFYING INFORMATION WITH RESPECT
TO AN INDIVIDUAL WHICH IS INCLUDED IN THE RECORDS OF THE DEPARTMENT OF
A. 4346 8
MOTOR VEHICLES HAS BEEN CHANGED, SUCH DEPARTMENT SHALL TRANSMIT SUCH
FORM OR OTHER INFORMATION TO THE STATE BOARD OF ELECTIONS, UNLESS:
(A) THE RECORDS OF THE DEPARTMENT INCLUDE INFORMATION INDICATING THAT
THE INDIVIDUAL IS NOT ELIGIBLE TO REGISTER TO VOTE IN THE STATE; OR
(B) THE INDIVIDUAL STATES ON THE FORM OR OTHERWISE INDICATES THAT THE
CHANGE OF ADDRESS OR OTHER INFORMATION IS NOT FOR VOTER REGISTRATION
PURPOSES.
2. NOT LATER THAN TWENTY-FOUR AFTER RECEIVING A CHANGE OF ADDRESS FORM
OR ANY OTHER INFORMATION INDICATING THAT IDENTIFYING INFORMATION WITH
RESPECT TO AN INDIVIDUAL WHICH IS INCLUDED IN THE RECORDS OF A VOTER
REGISTRATION AGENCY HAS BEEN CHANGED, THE APPROPRIATE OFFICIAL OF SUCH
AGENCY SHALL TRANSMIT SUCH FORM OR OTHER INFORMATION TO THE STATE BOARD
OF ELECTIONS, UNLESS:
(A) THE RECORDS OF THE DEPARTMENT INCLUDE INFORMATION INDICATING THAT
THE INDIVIDUAL IS NOT ELIGIBLE TO REGISTER TO VOTE IN THE STATE; OR
(B) THE INDIVIDUAL STATES ON THE FORM OR OTHERWISE INDICATES THAT THE
CHANGE OF ADDRESS OR OTHER INFORMATION IS NOT FOR VOTER REGISTRATION
PURPOSES.
3. NOT LATER THAN TWENTY-FOUR HOURS AFTER RECEIVING A CHANGE OF
ADDRESS FORM OR ANY OTHER INFORMATION INDICATING THAT IDENTIFYING INFOR-
MATION WITH RESPECT TO AN INDIVIDUAL WHICH IS INCLUDED IN THE RECORDS OF
A SOURCE AGENCY HAS BEEN CHANGED, THE APPROPRIATE OFFICIAL OF SUCH AGEN-
CY SHALL TRANSMIT SUCH FORM OR OTHER INFORMATION TO THE STATE BOARD OF
ELECTIONS, UNLESS:
(A) THE RECORDS OF THE DEPARTMENT INCLUDE INFORMATION INDICATING THAT
THE INDIVIDUAL IS NOT ELIGIBLE TO REGISTER TO VOTE IN THE STATE; OR
(B) THE INDIVIDUAL STATES ON THE FORM OR OTHERWISE INDICATES THAT THE
CHANGE OF ADDRESS OR OTHER INFORMATION IS NOT FOR VOTER REGISTRATION
PURPOSES.
4. IF THE DEPARTMENT OF MOTOR VEHICLES, A VOTER REGISTRATION AGENCY,
OR A SOURCE AGENCY TRANSMITS TO THE STATE BOARD OF ELECTIONS A CHANGE OF
ADDRESS FORM OR ANY OTHER INFORMATION INDICATING THAT IDENTIFYING INFOR-
MATION WITH RESPECT TO AN INDIVIDUAL HAS BEEN CHANGED THE APPROPRIATE
STATE OR LOCAL ELECTION OFFICIAL SHALL:
(A) DETERMINE WHETHER THE INDIVIDUAL APPEARS ON THE COMPUTERIZED LIST;
AND
(B) IF THE INDIVIDUAL APPEARS ON THE LIST, REVISE THE INFORMATION
RELATING TO THE INDIVIDUAL ON THE LIST TO REFLECT THE INDIVIDUAL'S NEW
ADDRESS OR OTHER CHANGED IDENTIFYING INFORMATION.
5. IF AN ELECTION OFFICIAL REVISES ANY VOTER REGISTRATION INFORMATION
ON THE COMPUTERIZED LIST WITH RESPECT TO ANY VOTER (INCLUDING REMOVING
THE VOTER FROM THE LIST), IMMEDIATELY AFTER REVISING THE INFORMATION,
THE OFFICIAL SHALL SEND THE INDIVIDUAL A WRITTEN NOTICE OF THE REVISION
WHICH INCLUDES THE FOLLOWING INFORMATION:
(A) THE VOTER'S NAME, DATE OF BIRTH, AND ADDRESS, AS REFLECTED IN THE
REVISED INFORMATION ON THE COMPUTERIZED LIST;
(B) A STATEMENT THAT THE VOTER'S REGISTRATION INFORMATION HAS BEEN
UPDATED;
(C) INFORMATION ON HOW TO CORRECT INFORMATION ON THE COMPUTERIZED
LIST;
(D) A STATEMENT OF THE ELIGIBILITY REQUIREMENTS FOR REGISTERED VOTERS;
(E) A STATEMENT (IN LARGER FONT SIZE THAN THE OTHER STATEMENTS ON THE
NOTICE) THAT IT IS ILLEGAL FOR AN INDIVIDUAL WHO DOES NOT MEET THE
ELIGIBILITY REQUIREMENTS FOR REGISTERED VOTERS IN THE STATE TO VOTE IN
SUCH STATE; AND
A. 4346 9
(F) A STATEMENT THAT THE VOTER MAY TERMINATE THE VOTER'S STATUS AS
REGISTERED IN THE STATE, OR REQUEST A CHANGE IN THE VOTER'S VOTER REGIS-
TRATION INFORMATION AT ANY TIME BY CONTACTING THE APPROPRIATE STATE OR
LOCAL ELECTION OFFICIAL, TOGETHER WITH CONTACT INFORMATION FOR SUCH
OFFICIAL (INCLUDING ANY WEBSITE THROUGH WHICH THE VOTER MAY CONTACT THE
OFFICIAL OR OBTAIN INFORMATION ON VOTER REGISTRATION IN THE STATE).
6. IF AN ELECTION OFFICIAL HAS AN ELECTRONIC MAIL ADDRESS FOR ANY
VOTER TO WHOM THE OFFICIAL IS REQUIRED TO SEND NOTICE UNDER THIS
SECTION, THE OFFICIAL MAY MEET THE REQUIREMENTS OF THIS SECTION BY SEND-
ING THE NOTICE TO THE VOTER IN ELECTRONIC FORM AT THAT ADDRESS, BUT ONLY
IF PRIOR TO SENDING THE NOTICE, THE OFFICIAL SENDS A TEST ELECTRONIC
MAIL TO THE VOTER AT THAT ADDRESS AND RECEIVES CONFIRMATION THAT THE
ADDRESS IS CURRENT AND VALID.
§ 5-248. SAME DAY REGISTRATION. EACH COUNTY SHALL ALLOW ANY ELIGIBLE
INDIVIDUAL ON THE DAY OF AN ELECTION AND ON ANY DAY WHEN VOTING, INCLUD-
ING EARLY VOTING, TO REGISTER TO VOTE IN SUCH ELECTION AT THE POLLING
PLACE AND TO CAST A VOTE IN SUCH ELECTION.
§ 3. Section 5-210 of the election law is amended by adding three new
subdivisions 16, 17 and 18 to read as follows:
16. THE BOARD OF ELECTIONS SHALL ACCEPT AN ONLINE VOTER REGISTRATION
APPLICATION PROVIDED BY AN INDIVIDUAL AND ENSURE THAT INDIVIDUAL IS
REGISTERED TO VOTE IN THE STATE IF (A) THE INDIVIDUAL MEETS THE SAME
VOTER REGISTRATION REQUIREMENTS APPLICABLE TO INDIVIDUALS WHO REGISTER
TO VOTE BY MAIL IN ACCORDANCE WITH THIS SECTION; AND (B) THE INDIVIDUAL
PROVIDED A SIGNATURE IN ELECTRONIC FORM IN ACCORDANCE WITH SECTION 5-234
OF THIS TITLE.
17. UPON THE ONLINE SUBMISSION OF A COMPLETED VOTER REGISTRATION
APPLICATION BY AN INDIVIDUAL, AN APPROPRIATE ELECTION PERSONNEL SHALL
SEND THE INDIVIDUAL A NOTICE CONFIRMING THE BOARD OF ELECTIONS RECEIPT
OF THE APPLICATION AND PROVIDING INSTRUCTIONS ON HOW THE INDIVIDUAL MAY
CHECK ON THE STATUS OF THE APPLICATION. AS SOON AS THE APPROPRIATE
ELECTION PERSONNEL HAS APPROVED OR REJECTED AN APPLICATION SUBMITTED BY
AN INDIVIDUAL, THE PERSONNEL SHALL SEND THE INDIVIDUAL A NOTICE OF THE
DISPOSITION OF THE APPLICATION BY REGULAR MAIL UNLESS THE INDIVIDUAL HAS
REQUESTED VOTER INFORMATION TO BE SENT THROUGH ELECTRONIC MAIL, IN WHICH
CASE A COPY SHOULD BE SENT THROUGH BOTH REGULAR AND ELECTRONIC MAIL.
18. IF AN INDIVIDUAL WHO IS A REGISTERED VOTER HAD PROVIDED THE STATE
OR LOCAL ELECTION OFFICIAL WITH AN ELECTRONIC MAIL ADDRESS FOR PURPOSES
OF RECEIVING VOTING INFORMATION, THE COUNTY BOARD OF ELECTIONS, THROUGH
ELECTRONIC MAIL TRANSMITTED NOT LATER THAN SEVEN DAYS BEFORE THE DATE OF
THE ELECTION INVOLVED, SHALL PROVIDE THE INDIVIDUAL WITH INFORMATION ON
HOW TO OBTAIN THE FOLLOWING INFORMATION BY ELECTRONIC MEANS: (A) THE
NAME AND ADDRESS OF THE POLLING PLACE AT WHICH THE INDIVIDUAL IS
ASSIGNED TO VOTE IN THE ELECTION; (B) THE HOURS OF OPERATION FOR THE
POLLING PLACE; AND (C) A DESCRIPTION OF ANY IDENTIFICATION OR OTHER
INFORMATION THE INDIVIDUAL MAY BE REQUIRED TO PRESENT AT THE POLLING
PLACE.
§ 4. The election law is amended by adding two new sections 5-108 and
5-110 to read as follows:
§ 5-108. NONDISCRIMINATION. 1. THE STATE SHALL TREAT A REGISTERED
VOTER WHO IS REGISTERED TO VOTE ONLINE IN ACCORDANCE WITH THIS CHAPTER
IN THE SAME MANNER AS THE STATE TREATS A REGISTERED VOTER WHO REGISTERED
TO VOTE BY MAIL.
2. NO PERSON MAY DISCRIMINATE AGAINST ANY INDIVIDUAL ON THE BASIS OF
THE INDIVIDUAL'S ABSENCE FROM THE STATEWIDE VOTER REGISTRATION LIST, THE
INFORMATION SUPPLIED BY THE INDIVIDUAL FOR VOTER REGISTRATION PURPOSE TO
A. 4346 10
A SOURCE AGENCY, OR THE INDIVIDUAL'S DECLINATION TO SUPPLY SUCH INFORMA-
TION, EXCEPT AS REQUIRED FOR PURPOSES OF VOTER REGISTRATION, ELECTION
ADMINISTRATION, AND THE ENFORCEMENT OF ELECTION LAWS.
§ 5-110. PROHIBITING USE OF ELECTRONIC MAIL ADDRESSES FOR OTHER THAN
OFFICIAL PURPOSES. THE STATE BOARD OF ELECTIONS SHALL ENSURE THAT ANY
ELECTRONIC MAIL ADDRESSES PROVIDED BY AN APPLICANT UNDER THIS CHAPTER
ARE USED ONLY FOR PURPOSES OF CARRYING OUT OFFICIAL DUTIES OF ELECTION
OFFICIALS AND ARE NOT TRANSMITTED BY ANY STATE OR LOCAL ELECTION OFFI-
CIAL (OR ANY AGENT OF SUCH AN OFFICIAL, INCLUDING A CONTRACTOR) TO ANY
PERSON WHO DOES NOT REQUIRE THE ADDRESS TO CARRY OUT SUCH OFFICIAL
DUTIES AND WHO IS NOT UNDER THE DIRECT SUPERVISION AND CONTROL OF A
STATE OR LOCAL ELECTION OFFICIAL.
§ 5. Subdivisions 1 and 2 of section 5-210 of the election law, as
amended by chapter 179 of the laws of 2005, are amended to read as
follows:
1. In addition to local registration and veterans' absentee registra-
tion as provided in this chapter, any qualified person may apply
personally for registration and enrollment, change of enrollment by mail
[or], by appearing at the board of elections on any day, except a day of
election, during the hours that such board of elections is open for
business OR BY REGISTERING ONLINE.
2. (a) Application forms for use pursuant to this section shall be
furnished by a county board of elections to any person requesting such
form OR SHALL BE AVAILABLE ON THE COUNTY BOARD OF ELECTIONS WEBSITE
PURSUANT TO SECTION 5-232 OF THIS TITLE. Application forms sent outside
of the United States to a country other than Canada or Mexico, shall be
sent airmail. Each county board of elections shall also cause such
application forms to be as widely and freely distributed as possible.
(b) The board of elections shall mail an application for registration
by mail and information on how the person may re-register to each person
for whom it receives notice pursuant to the provisions of subdivision
four of section 5-402 of this article that such person has moved into
such city or county unless such person is already registered from the
address listed in such notice.
§ 6. The election law is amended by adding a new section 17-172 to
read as follows:
§ 17-172. PENALTIES AGAINST LIST MAINTENANCE, PRIVACY AND SECURITY.
ANY PERSON WHO KNOWINGLY USES INFORMATION OR PERMITS INFORMATION TO BE
USED IN VIOLATION OF SECTIONS 5-244 OR 5-108 OF THIS CHAPTER SHALL BE
IMPRISONED FOR NOT MORE THAN ONE YEAR, FINED NOT LESS THAN ONE HUNDRED
DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, OR BOTH SUCH FINE AND IMPRI-
SONMENT.
§ 7. Paragraph (k) of subdivision 5 of section 5-210 of the election
law, as amended by chapter 536 of the laws of 2019, is amended and two
new paragraphs (n) and (o) are added to read as follows:
(k) The form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
mailing:
(i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
(ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
(iii) A space for the furnishing of an e-mail address, the furnishing
of which shall be optional, together with a notice stating that if an
A. 4346 11
e-mail address is furnished, all notices and communications otherwise
required to be sent by the state board of elections to the voter by
postal mail shall be sent by e-mail in addition to postal mail. County
boards of elections and the board of elections of the city of New York
shall have the option of sending notices and communications otherwise
required to be sent to the voter by postal mail by e-mail in addition to
postal mail if the voter furnishes an email address.
(iv) The date of birth of the applicant.
(v) A space for the applicant to indicate his or her driver's license
or department of motor vehicles non-driver photo ID number or the last
four digits of his or her social security number or, if the applicant
does not have either such number, a space for the applicant to indicate
he or she does not have either.
(vi) A space for the applicant to indicate whether or not he or she is
a citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
(vii) [A space for the applicant to answer the question "Will you be
18 years of age on or before election day?" and the statement "If you
checked "no" in response to this question, do not complete this form
unless you will be 18 by the end of the year."
(viii)] A statement informing the applicant that if the form is
submitted by mail and the applicant is registering for the first time,
certain information or documents must be submitted with the mail-in
registration form in order to avoid additional identification require-
ments upon voting for the first time. Such information and documents
are:
(A) a driver's license or department of motor vehicles non-driver
photo ID number; or
(B) the last four digits of the individual's social security number;
or
(C) a copy of a current and valid photo identification; or
(D) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.
[(ix)] (VIII) The gender of the applicant (optional).
[(x)] (IX) 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.
[(xi)] (X) The telephone number of the applicant (optional).
[(xii)] (XI) A place for the applicant to execute the form on a line
which is clearly labeled "signature of applicant" preceded by the
following specific form of affirmation:
AFFIDAVIT: I swear or affirm that:
* I am a citizen of the United States.
* I will have lived in the county, city, or village for at least 30
days before the election.
* I meet all the requirements to register to vote in New York
State.
* This is my signature or mark on the line below.
* All the information contained on this application is true. I
understand that if it is not true I can be convicted and fined up
to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
A. 4346 12
[(xiii)] (XII) A space for the applicant to register in the New York
state donate life registry for organ and tissue donations established
pursuant to section forty-three hundred ten of the public health law.
(XIII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
(N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
SOURCE AGENCIES AND THE STATE OR COUNTY BOARDS OF ELECTIONS ARE NOT
REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION OF THE INFORMATION
REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VIII), (IX), (XI), OR
(XII) OF PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION
SHALL REFUSE TO REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF
ANY PERSON IN THE STATE WHOSE INFORMATION IS TRANSMITTED PURSUANT TO
SECTION 5-200 OF THIS TITLE FOR THE REASON THAT SUCH INFORMATION DOES
NOT INCLUDE THE INFORMATION REQUESTED BY PARAGRAPH (J) OR SUBPARAGRAPH
(I), (VIII), (IX), (XI), OR (XII) OF PARAGRAPH (K) OF THIS SUBDIVISION.
(O) THE VOTER REGISTRATION APPLICATION SHALL INCLUDE A SPACE FOR THE
APPLICANT TO PROVIDE (AT THE APPLICANT'S OPTION) AN ELECTRONIC MAIL
ADDRESS, TOGETHER WITH A STATEMENT THAT, IF THE APPLICANT SO REQUESTS,
INSTEAD OF USING REGULAR MAIL THE APPROPRIATE STATE AND LOCAL ELECTION
OFFICIALS SHALL PROVIDE TO THE APPLICANT, THROUGH ELECTRONIC MAIL SENT
TO THAT ADDRESS, ANY VOTING INFORMATION THAT WOULD OTHERWISE BE SENT
THROUGH THE REGULAR MAIL.
§ 8. The election law is amended by adding a new section 3-228 to read
as follows:
§ 3-228. BOARD OF ELECTIONS, REPORTS. 1. NOT LATER THAN NINETY DAYS
AFTER THE END OF EACH YEAR, THE BOARD SHALL SUBMIT TO THE LEGISLATURE
AND THE GOVERNOR A REPORT CONTAINING THE FOLLOWING CATEGORIES OF INFOR-
MATION FOR THE YEAR:
(A) THE NUMBER OF INDIVIDUALS WHO REGISTERED;
(B) THE NUMBER OF VOTER REGISTRATION APPLICATION FORMS COMPLETED BY
INDIVIDUALS THAT WERE TRANSMITTED BY THE DEPARTMENT OF MOTOR VEHICLES
AND VOTER REGISTRATION AGENCIES IN THE STATE TO THE BOARD, BROKEN DOWN
BY EACH SUCH AGENCY;
(C) THE NUMBER OF SUCH INDIVIDUALS WHOSE VOTER REGISTRATION APPLICA-
TION FORMS WERE ACCEPTED AND WHO WERE REGISTERED TO VOTE IN THE STATE
AND THE NUMBER OF SUCH INDIVIDUALS WHOSE FORMS WERE REJECTED AND WHO
WERE NOT REGISTERED TO VOTE IN THE STATE, BROKEN DOWN BY EACH SUCH AGEN-
CY;
(D) THE NUMBER OF CHANGE OF ADDRESS FORMS AND OTHER FORMS OF INFORMA-
TION INDICATING THAT AN INDIVIDUAL'S IDENTIFYING INFORMATION HAS BEEN
CHANGED THAT WERE TRANSMITTED BY THE DEPARTMENT OF MOTOR VEHICLES AND
VOTER REGISTRATION AGENCIES TO THE BOARD, BROKEN DOWN BY SUCH AGENCY AND
TYPE OF FORM SUBMITTED;
(E) THE NUMBER OF INDIVIDUALS ON THE STATEWIDE COMPUTERIZED VOTER
REGISTRATION LIST WHOSE VOTER REGISTRATION INFORMATION WAS REVISED BY
THE BOARD AS A RESULT OF THE FORMS TRANSMITTED TO THE BOARD BY THE
DEPARTMENT OF MOTOR VEHICLES AND VOTER REGISTRATION AGENCIES (AS
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION), BROKEN DOWN BY EACH
AGENCY AND THE TYPE OF FORM SUBMITTED;
(F) THE NUMBER OF INDIVIDUALS WHO REQUESTED THE BOARD TO REVISE VOTER
REGISTRATION INFORMATION ON SUCH LIST, AND THE NUMBER OF INDIVIDUALS
WHOSE INFORMATION WAS REVISED AS A RESULT OF SUCH REQUEST.
2. IN PREPARING THE REPORT UNDER THIS SECTION, THE STATE SHALL, FOR
EACH CATEGORY OF INFORMATION DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION, INCLUDE A BREAKDOWN BY RACE OF THE INDIVIDUALS WHOSE INFORMA-
TION IS INCLUDED IN THE CATEGORY, TO THE EXTENT THAT INFORMATION ON THE
RACE OF SUCH INDIVIDUALS IS AVAILABLE TO THE STATE.
A. 4346 13
3. IN PREPARING AND SUBMITTING A REPORT UNDER THIS SECTION, THE BOARD
SHALL ENSURE THAT NO INFORMATION REGARDING THE IDENTIFICATION OF ANY
INDIVIDUAL IS REVEALED.
§ 9. Section 5-202 of the election law is amended by adding a new
subdivision 7 to read as follows:
7. THE BOARD OF ELECTIONS IN EACH COUNTY SHALL ESTABLISH PROCEDURES
PROVIDING FOR ABSENTEE REGISTRATION, FOR ALL ELECTIONS HELD PURSUANT TO
THE PROVISIONS OF THIS CHAPTER, THROUGH MAIL AND/OR ELECTRONIC MEANS FOR
PERSONS WITH A DISABILITY. SUCH PROCEDURES SHALL BE SUBJECT TO APPROVAL
BY THE STATE BOARD OF ELECTIONS. SUCH BOARDS OF ELECTIONS SHALL FURTHER
BE RESPONSIBLE FOR PROVIDING INFORMATION REGARDING ABSENTEE REGISTRATION
FOR PERSONS WITH A DISABILITY TO SUCH PERSONS WITH RESPECT TO SUCH
ELECTIONS.
§ 10. The election law is amended by adding a new section 3-109 to
read as follows:
§ 3-109. PROHIBITION AGAINST VOTER CAGING. 1. DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) VOTER CAGING DOCUMENT MEANS
(I) A NONFORWARDABLE DOCUMENT THAT IS RETURNED TO THE SENDER OF A
THIRD PARTY AS UNDELIVERED OR UNDELIVERABLE DESPITE AN ATTEMPT TO DELIV-
ER SUCH DOCUMENT TO THE ADDRESS OF A REGISTERED VOTER OR APPLICANT; OR
(II) ANY DOCUMENT WITH INSTRUCTIONS TO AN ADDRESSEE THAT THE DOCUMENT
BE RETURNED TO THE SENDER OR A THIRD PARTY BUT IS NOT SO RETURNED,
DESPITE AN ATTEMPT TO DELIVER SUCH DOCUMENT TO THE ADDRESS OF A REGIS-
TERED VOTER OR APPLICANT, UNLESS AT LEAST TWO ELECTION CYCLES HAVE
PASSED SINCE THE DATE OF THE ATTEMPTED DELIVERY;
(B) VOTER CAGING LIST MEANS A LIST OF INDIVIDUALS COMPILED FROM VOTER
CAGING DOCUMENTS; AND
(C) UNVERIFIED MATCH LIST MEANS A LIST PRODUCED BY MATCHING THE INFOR-
MATION OF REGISTERED VOTERS OR APPLICANTS FOR VOTER REGISTRATION TO A
LIST OF INDIVIDUALS WHO ARE INELIGIBLE TO VOTE IN THE REGISTRAR'S JURIS-
DICTION, BY VIRTUE OF DEATH, CONVICTION, CHANGE OF ADDRESS, OR OTHER-
WISE; UNLESS ONE OF THE PIECES OF INFORMATION MATCHED INCLUDES A SIGNA-
TURE, PHOTOGRAPH, OR UNIQUE IDENTIFYING NUMBER ENSURING THAT THE
INFORMATION FROM EACH SOURCE REFERS TO THE SAME INDIVIDUAL.
2. PROHIBITION AGAINST VOTER CAGING. NOTWITHSTANDING THE PROVISIONS OF
SECTIONS 5-220, 8-504 OR 8-506 OF THIS CHAPTER, NO ELECTION OFFICIAL
SHALL PREVENT AN INDIVIDUAL FROM REGISTERING OR VOTING IN ANY ELECTION
OR PERMIT IN CONNECTION WITH ANY ELECTION A FORMAL CHALLENGE TO AN INDI-
VIDUAL'S REGISTRATION STATUS OR ELIGIBILITY TO VOTE, IF THE BASIS FOR
SUCH DECISION IS EVIDENCE CONSISTING OF:
(A) A VOTER CAGING DOCUMENT OR VOTER CAGING LIST;
(B) AN UNVERIFIED MATCH LIST;
(C) AN ERROR OR OMISSION ON ANY RECORD OR PAPER RELATING TO ANY APPLI-
CATION, REGISTRATION, OR OTHER ACT REQUISITE TO VOTING, IF SUCH ERROR OR
OMISSION IS NOT MATERIAL TO AN INDIVIDUAL'S ELIGIBILITY TO VOTE;
PROVIDED, HOWEVER, THAT THE ELECTION OFFICIAL MAY USE SUCH EVIDENCE IF
IT IS CORROBORATED BY INDEPENDENT EVIDENCE OF THE INDIVIDUAL'S INELIGI-
BILITY TO REGISTER OR VOTE.
3. PENALTIES FOR KNOWING MISCONDUCT. WHOEVER KNOWINGLY CHALLENGES THE
ELIGIBILITY OF ONE OR MORE INDIVIDUALS TO REGISTER OR VOTE OR KNOWINGLY
CAUSES THE ELIGIBILITY OF SUCH INDIVIDUALS TO BE CHALLENGED IN VIOLATION
OF THIS CHAPTER WITH THE INTENT THAT ONE OR MORE ELIGIBLE VOTERS BE
DISQUALIFIED, SHALL BE FINED OR IMPRISONED NOT MORE THAN ONE YEAR, OR BY
A. 4346 14
BOTH SUCH FINE AND IMPRISONMENT, FOR EACH SUCH VIOLATION. EACH VIOLATION
SHALL BE A SEPARATE OFFENSE.
§ 11. Section 17-154 of the election law is amended by adding a new
subdivision 6 to read as follows:
6. KNOWINGLY AND WILLFULLY DEPRIVE, DEFRAUD, OR ATTEMPT TO DEPRIVE OR
DEFRAUD ANY OTHER PERSON OF THEIR FREE AND FAIR EXERCISE OF THE RIGHT TO
VOTE BY THE COMMUNICATION OF ELECTION-RELATED INFORMATION THAT IS KNOWN
BY THE PERSON TO BE MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT. "ELEC-
TION-RELATED INFORMATION" SHALL MEAN ANY ORAL OR WRITTEN COMMUNICATION
REGARDING THE TIME OR PLACE OF AN ELECTION, CRIMINAL PENALTIES ASSOCI-
ATED WITH VOTING IN SUCH AN ELECTION, AN INDIVIDUAL'S VOTER REGISTRATION
STATUS OR ELIGIBILITY TO VOTE IN SUCH AN ELECTION, OR THE EXPLICIT
ENDORSEMENT OF ANY PERSON OR ORGANIZATION OF A CANDIDATE IN SUCH AN
ELECTION.
§ 12. Subdivision 1 of section 7-202 of the election law is amended by
adding a new paragraph a-1 to read as follows:
A-1. USE AN INDIVIDUAL, DURABLE, VOTER-VERIFIED, PAPER BALLOT OF THE
VOTER'S VOTE THAT SHALL BE MARKED AND MADE AVAILABLE FOR INSPECTION AND
VERIFICATION BY THE VOTER BEFORE THE VOTER'S VOTE IS CAST AND COUNTED,
AND WHICH SHALL BE COUNTED BY HAND OR READ BY AN OPTICAL CHARACTER
RECOGNITION DEVICE OR OTHER COUNTING DEVICE; SUCH BALLOTS SHALL BE THE
TRUE AND CORRECT RECORD OF THE VOTES CAST AND SHALL ALLOW A MANUAL AUDIT
AND BE PRESERVED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3-222 OF
THIS CHAPTER. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "INDIVIDUAL,
DURABLE, VOTER-VERIFIED, PAPER BALLOT" MEANS A PAPER BALLOT MARKED BY
THE VOTER BY HAND OR A PAPER BALLOT MARKED THROUGH THE USE OF A NONTABU-
LATING BALLOT MARKING DEVICE OR SYSTEM, SO LONG AS THE VOTER SHALL HAVE
THE OPTION TO MARK HIS OR HER BALLOT BY HAND;
§ 13. Paragraph j of subdivision 1 of section 7-202 of the election
law, as added by chapter 181 of the laws of 2005, is amended to read as
follows:
j. retain all paper ballots cast or produce and retain a voter veri-
fied permanent paper record which shall be presented to the voter from
behind a window or other device before the ballot is cast, in a manner
intended and designed to protect the privacy of the voter; such ballots
or record shall allow a manual audit and shall be preserved in accord-
ance with the provisions of section 3-222 of this chapter; PROVIDED,
HOWEVER, THE VOTING SYSTEM SHALL NOT PRESERVE THE VOTER-VERIFIED PAPER
BALLOTS IN ANY MANNER THAT MAKES IT POSSIBLE, AT ANY TIME AFTER THE
BALLOT HAS BEEN CAST, TO ASSOCIATE A VOTER WITH THE RECORD OF THE
VOTER'S VOTE WITHOUT THE VOTER'S CONSENT.
§ 14. The election law is amended by adding a new section 3-508 to
read as follows:
§ 3-508. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT VERIFICATION
MECHANISMS. 1. THE STATE BOARD OF ELECTIONS SHALL MAKE GRANTS TO NOT
FEWER THAN THREE ELIGIBLE ENTITIES TO STUDY, TEST, AND DEVELOP ACCESSI-
BLE PAPER BALLOT VOTING, VERIFICATION, AND CASTING MECHANISMS AND
DEVICES AND BEST PRACTICES TO ENHANCE THE ACCESSIBILITY OF PAPER BALLOT
VOTING AND VERIFICATION MECHANISMS FOR INDIVIDUALS WITH DISABILITIES,
FOR VOTERS WHOSE PRIMARY LANGUAGE IS NOT ENGLISH, AND FOR VOTERS WITH
DIFFICULTIES IN LITERACY, INCLUDING BEST PRACTICES FOR THE MECHANISMS
THEMSELVES AND THE PROCESSES THROUGH WHICH THE MECHANISMS ARE USED.
2. AN ENTITY IS ELIGIBLE TO RECEIVE A GRANT UNDER THIS SECTION IF IT
SUBMITS TO THE BOARD (AT SUCH TIME AND IN SUCH FORM AS THE BOARD MAY
REQUIRE) AN APPLICATION CONTAINING:
A. 4346 15
(A) CERTIFICATIONS THAT THE ENTITY SHALL SPECIFICALLY INVESTIGATE
ENHANCED METHODS OR DEVICES, INCLUDING NON-ELECTRONIC DEVICES, THAT WILL
ASSIST SUCH INDIVIDUALS AND VOTERS IN MARKING VOTER-VERIFIED PAPER
BALLOTS AND PRESENTING OR TRANSMITTING THE INFORMATION PRINTED OR MARKED
ON SUCH BALLOTS BACK TO SUCH INDIVIDUALS AND VOTERS, AND CASTING SUCH
BALLOTS;
(B) A CERTIFICATION THAT THE ENTITY SHALL COMPLETE THE ACTIVITIES
CARRIED OUT WITH THE GRANT NOT LATER THAN DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-FOUR; AND
(C) SUCH OTHER INFORMATION AND CERTIFICATIONS AS THE BOARD MAY
REQUIRE.
3. ANY TECHNOLOGY DEVELOPED WITH THE GRANTS MADE UNDER THIS SECTION
SHALL BE TREATED AS NON-PROPRIETARY AND SHALL BE MADE AVAILABLE TO THE
PUBLIC, INCLUDING TO MANUFACTURERS OF VOTING SYSTEMS.
§ 15. Subdivision 1 of section 7-104 of the election law, as amended
by chapter 411 of the laws of 2019, is amended to read as follows:
1. (A) All ballots shall be printed and/or displayed in a format and
arrangement, of such uniform size and style as will fit the ballot, and
shall be in as plain and clear a type or display as the space will
reasonably permit, using only sans serif print fonts. ALL VOTER-VERI-
FIED PAPER BALLOTS REQUIRED TO BE USED UNDER THIS CHAPTER SHALL BE
MARKED OR PRINTED ON DURABLE PAPER. Such type or display on the ballot
shall satisfy all requirements and standards set forth pursuant to the
federal Help America Vote Act. FOR PURPOSES OF THIS SUBDIVISION, PAPER
IS "DURABLE" IF IT IS CAPABLE OF WITHSTANDING MULTIPLE COUNTS AND
RECOUNTS BY HAND WITHOUT COMPROMISING THE FUNDAMENTAL INTEGRITY OF THE
BALLOTS, AND CAPABLE OF RETAINING THE INFORMATION MARKED OR PRINTED ON
THEM FOR THE FULL DURATION OF A RETENTION AND PRESERVATION PERIOD OF
TWENTY-TWO MONTHS.
(B) ALL VOTER-VERIFIED PAPER BALLOTS COMPLETED BY THE VOTER THROUGH
THE USE OF A BALLOT MARKING DEVICE SHALL BE CLEARLY READABLE BY THE
VOTER WITHOUT ASSISTANCE (OTHER THAN EYEGLASSES OR OTHER PERSONAL VISION
ENHANCING DEVICES) AND BY AN OPTICAL CHARACTER RECOGNITION DEVICE OR
OTHER DEVICE EQUIPPED FOR INDIVIDUALS WITH DISABILITIES.
§ 16. Article 9 of the election law is amended by adding a new title 3
to read as follows:
TITLE III
MANDATORY MANUAL AUDITS
SECTION 9-300. REQUIRING AUDITS OF RESULTS OF ELECTIONS.
9-302. NUMBER OF BALLOTS COUNTED UNDER AUDIT.
9-304. PROCESS FOR ADMINISTERING AUDITS.
9-306. SELECTION OF ELECTION DISTRICTS.
9-308. PUBLICATION OF RESULTS.
§ 9-300. REQUIRING AUDITS OF RESULTS OF ELECTIONS. 1. IN ACCORDANCE
WITH THIS TITLE, THE STATE BOARD OF ELECTIONS SHALL ADMINISTER, WITHOUT
ADVANCE NOTICE TO THE LOCAL BOARDS OF ELECTIONS SELECTED, AUDITS OF THE
RESULTS OF ALL ELECTIONS FOR STATE AND LOCAL OFFICES HELD FOR EACH
ELECTION CONSISTING OF RANDOM HAND COUNTS OF THE VOTER-VERIFIED PAPER
BALLOTS REQUIRED TO BE USED AND PRESERVED PURSUANT TO THIS CHAPTER.
2. THE STATE BOARD OF ELECTIONS SHALL NOT BE REQUIRED TO ADMINISTER AN
AUDIT OF THE RESULTS OF AN ELECTION UNDER THIS TITLE IF THE WINNING
CANDIDATE IN THE ELECTION:
(A) HAD NO OPPOSITION ON THE BALLOT; OR
(B) RECEIVED EIGHTY PERCENT OR MORE OF THE TOTAL NUMBER OF VOTES CAST
IN THE ELECTION, AS DETERMINED ON THE BASIS OF THE FINAL UNOFFICIAL VOTE
COUNT.
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3. THE STATE BOARD OF ELECTIONS SHALL ADMINISTER AUDITS UNDER THIS
TITLE THROUGH AN ELECTION AUDITING ENTITY SELECTED FOR SUCH PURPOSE BY
THE STATE BOARD OF ELECTIONS IN ACCORDANCE WITH SUCH CRITERIA AS THE
STATE BOARD OF ELECTIONS CONSIDERS APPROPRIATE CONSISTENT WITH THE
REQUIREMENTS OF THIS TITLE, EXCEPT THAT SUCH ENTITY MUST MEET STANDARDS
TO ENSURE ITS INDEPENDENCE.
§ 9-302. NUMBER OF BALLOTS COUNTED UNDER AUDIT. 1. EXCEPT AS PROVIDED
IN SUBDIVISION TWO OF THIS SECTION, THE NUMBER OF VOTER-VERIFIED PAPER
BALLOTS WHICH WILL BE SUBJECT TO A HAND COUNT ADMINISTERED BY THE
ELECTION AUDITING ENTITY UNDER THIS TITLE WITH RESPECT TO AN ELECTION
SHALL BE DETERMINED AS FOLLOWS:
(A) IN THE EVENT THAT THE UNOFFICIAL COUNT AS DESCRIBED IN SUBDIVISION
ONE OF SECTION 9-304 OF THIS TITLE REVEALS THAT THE MARGIN OF VICTORY
BETWEEN THE TWO CANDIDATES RECEIVING THE LARGEST NUMBER OF VOTES IN THE
ELECTION IS LESS THAN ONE PERCENT OF THE TOTAL VOTES CAST IN THAT
ELECTION, THE HAND COUNTS OF THE VOTER-VERIFIED PAPER BALLOTS SHALL
OCCUR IN AT LEAST TEN PERCENT OF ALL ELECTION DISTRICTS (OR ALTERNATIVE
AUDIT UNITS USED IN ACCORDANCE WITH THE METHOD PROVIDED FOR UNDER SUBDI-
VISION TWO OF THIS SECTION) IN THE DISTRICT INVOLVED OR THE STATE.
(B) IN THE EVENT THAT THE UNOFFICIAL COUNT AS DESCRIBED IN SUBDIVISION
ONE OF SECTION 9-304 OF THIS TITLE REVEALS THAT THE MARGIN OF VICTORY
BETWEEN THE TWO CANDIDATES RECEIVING THE LARGEST NUMBER OF VOTES IN THE
ELECTION IS GREATER THAN OR EQUAL TO ONE PERCENT BUT LESS THAN TWO
PERCENT OF THE TOTAL VOTES CAST IN THAT ELECTION, THE HAND COUNTS OF THE
VOTER-VERIFIED PAPER BALLOTS SHALL OCCUR IN AT LEAST FIVE PERCENT OF ALL
ELECTION DISTRICTS (OR ALTERNATIVE AUDIT UNITS USED IN ACCORDANCE WITH
THE METHOD PROVIDED FOR UNDER SUBDIVISION TWO OF THIS SECTION) IN THE
DISTRICT INVOLVED OR THE STATE.
(C) IN THE EVENT THAT THE UNOFFICIAL COUNT AS DESCRIBED IN SUBDIVISION
ONE OF SECTION 9-304 OF THIS TITLE REVEALS THAT THE MARGIN OF VICTORY
BETWEEN THE TWO CANDIDATES RECEIVING THE LARGEST NUMBER OF VOTES IN THE
ELECTION IS EQUAL TO OR GREATER THAN TWO PERCENT OF THE TOTAL VOTES CAST
IN THAT ELECTION, THE HAND COUNTS OF THE VOTER-VERIFIED PAPER BALLOTS
SHALL OCCUR IN AT LEAST THREE PERCENT OF ALL ELECTION DISTRICTS (OR
ALTERNATIVE AUDIT UNITS USED IN ACCORDANCE WITH THE METHOD PROVIDED FOR
UNDER SUBDIVISION TWO OF THIS SECTION) IN THE DISTRICT INVOLVED OR THE
STATE.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE STATE BOARD OF
ELECTIONS MAY ADOPT AND APPLY AN ALTERNATIVE MECHANISM TO DETERMINE THE
NUMBER OF VOTER-VERIFIED PAPER BALLOTS WHICH WILL BE SUBJECT TO THE HAND
COUNTS REQUIRED UNDER THIS TITLE WITH RESPECT TO AN ELECTION, SO LONG AS
THE ALTERNATIVE MECHANISM USES THE VOTER-VERIFIED PAPER BALLOTS TO
CONDUCT THE AUDIT AND THE ALTERNATIVE MECHANISM IS IN ACCORDANCE WITH
THE PRINCIPLES SET FORTH IN THIS SUBDIVISION. IN APPROVING AN ALTERNA-
TIVE MECHANISM UNDER THIS SUBDIVISION, THE STATE BOARD OF ELECTIONS
SHALL ENSURE THAT THE AUDIT PROCEDURE WILL HAVE THE PROPERTY THAT FOR
EACH ELECTION:
(A) THE ALTERNATIVE MECHANISM WILL BE AT LEAST AS STATISTICALLY EFFEC-
TIVE IN ENSURING THE ACCURACY OF THE ELECTION RESULTS AS THE PROCEDURES
UNDER THIS SECTION; OR
(B) THE ALTERNATIVE MECHANISM WILL ACHIEVE AT LEAST A NINETY-FIVE
PERCENT CONFIDENCE INTERVAL (AS DETERMINED IN ACCORDANCE WITH CRITERIA
SET FORTH BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY) WITH
RESPECT TO THE OUTCOME OF THE ELECTION.
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§ 9-304. PROCESS FOR ADMINISTERING AUDITS. THE ELECTION AUDITING ENTI-
TY SHALL ADMINISTER AN AUDIT UNDER THIS SECTION OF THE RESULTS OF AN
ELECTION IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
1. WITHIN TWENTY-FOUR HOURS AFTER THE FINAL UNOFFICIAL VOTE COUNT IS
RELEASED, THE ELECTION AUDITING ENTITY SHALL:
(A) DETERMINE AND THEN ANNOUNCE THE ELECTION DISTRICTS (OR ALTERNATIVE
AUDIT UNITS USED IN ACCORDANCE WITH THE METHOD PROVIDED UNDER SUBDIVI-
SION TWO OF SECTION 9-302 OF THIS TITLE) IN THE STATE IN WHICH IT WILL
ADMINISTER THE AUDITS; AND
(B) WITH RESPECT TO VOTES CAST AT THE ELECTION DISTRICT ON OR BEFORE
THE DATE OF THE ELECTION (OTHER THAN AFFIDAVIT BALLOTS DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION), BEGIN TO ADMINISTER THE HAND COUNT OF
THE VOTES ON THE VOTER-VERIFIED PAPER BALLOTS REQUIRED TO BE USED AND
PRESERVED UNDER THIS CHAPTER AND THE COMPARISON OF THE COUNT OF THE
VOTES ON THOSE BALLOTS WITH THE FINAL UNOFFICIAL COUNT OF SUCH VOTES AS
ANNOUNCED BY THE BOARD OF ELECTIONS.
2. WITH RESPECT TO VOTES CAST OTHER THAN AT THE ELECTION DISTRICT ON
THE DATE OF THE ELECTION (OTHER THAN VOTES CAST BEFORE THE DATE OF THE
ELECTION) OR VOTES CAST BY AFFIDAVIT BALLOT ON THE DATE OF THE ELECTION
WHICH ARE CERTIFIED AND COUNTED BY THE BOARD OF ELECTIONS ON OR AFTER
THE DATE OF THE ELECTION, INCLUDING VOTES CAST BY ABSENT UNIFORMED
SERVICES VOTERS AND OVERSEAS VOTERS UNDER THE UNIFORMED AND OVERSEAS
CITIZENS ABSENTEE VOTING ACT, THE ELECTION AUDITING ENTITY SHALL ADMIN-
ISTER THE HAND COUNT OF THE VOTES ON THE APPLICABLE VOTER-VERIFIED PAPER
BALLOTS REQUIRED TO BE PRODUCED AND PRESERVED UNDER THIS CHAPTER AND THE
COMPARISON OF THE COUNT OF THE VOTES ON THOSE BALLOTS WITH THE FINAL
UNOFFICIAL COUNT OF SUCH VOTES AS ANNOUNCED BY THE BOARD OF ELECTIONS.
3. IN ADMINISTERING THE AUDITS, THE ELECTION AUDITING ENTITY MAY
UTILIZE THE SERVICES OF THE PERSONNEL OF THE STATE OR LOCAL BOARDS OF
ELECTIONS, INCLUDING ELECTION ADMINISTRATION PERSONNEL AND POLL WORKERS,
WITHOUT REGARD TO WHETHER OR NOT THE PERSONNEL HAVE PROFESSIONAL AUDIT-
ING EXPERIENCE.
4. THE ELECTION AUDITING ENTITY SHALL ADMINISTER AN AUDIT OF AN
ELECTION:
(A) AT THE LOCATION WHERE THE BALLOTS CAST IN THE ELECTION ARE STORED
AND COUNTED AFTER THE DATE OF THE ELECTION OR SUCH OTHER APPROPRIATE AND
SECURE LOCATION AGREED UPON BY THE ELECTION AUDITING ENTITY AND THE
STATE BOARD OF ELECTIONS; AND
(B) IN THE PRESENCE OF THE PERSONNEL OF THE STATE BOARD OF ELECTIONS.
5. (A) IF THE ELECTION AUDITING ENTITY FINDS THAT ANY OF THE HAND
COUNTS ADMINISTERED UNDER THIS SECTION DO NOT MATCH THE FINAL UNOFFICIAL
TALLY OF THE RESULTS OF AN ELECTION, THE ELECTION AUDITING ENTITY SHALL
ADMINISTER HAND COUNTS OF SUCH ADDITIONAL ELECTION DISTRICTS (OR ALTER-
NATIVE AUDIT UNITS) AS THE ELECTION AUDITING ENTITY CONSIDERS APPROPRI-
ATE TO RESOLVE ANY CONCERNS RESULTING FROM THE AUDIT AND ENSURE THE
ACCURACY OF THE ELECTION RESULTS.
(B) NOT LATER THAN AUGUST FIRST, TWO THOUSAND TWENTY-FIVE, THE STATE
BOARD OF ELECTIONS SHALL ESTABLISH AND PUBLISH PROCEDURES FOR CARRYING
OUT THE ADDITIONAL AUDITS UNDER THIS SUBDIVISION, INCLUDING THE MEANS BY
WHICH THE STATE BOARD OF ELECTIONS SHALL RESOLVE ANY CONCERNS RESULTING
FROM THE AUDIT WITH FINALITY AND ENSURE THE ACCURACY OF THE ELECTION
RESULTS.
6. EACH AUDIT CONDUCTED UNDER THIS SECTION SHALL BE CONDUCTED IN A
MANNER THAT ALLOWS PUBLIC OBSERVATION OF THE ENTIRE PROCESS.
§ 9-306. SELECTION OF ELECTION DISTRICTS. 1. THE SELECTION OF THE
ELECTION DISTRICTS OR ALTERNATIVE AUDIT UNITS IN THE STATE IN WHICH THE
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ELECTION AUDITING ENTITY SHALL ADMINISTER THE HAND COUNTS UNDER THIS
TITLE SHALL BE MADE BY THE ELECTION AUDITING ENTITY ON A RANDOM BASIS
EXCEPT THAT AT LEAST ONE ELECTION DISTRICT SHALL BE SELECTED AT RANDOM
IN EACH COUNTY, WITH ADDITIONAL ELECTION DISTRICTS SELECTED BY THE
ELECTION AUDITING ENTITY AT THE ELECTION AUDITING ENTITY'S DISCRETION.
2. THE RANDOM SELECTION OF ELECTION DISTRICTS UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE CONDUCTED IN PUBLIC, AT A TIME AND PLACE ANNOUNCED
IN ADVANCE.
§ 9-308. PUBLICATION OF RESULTS. 1. AS SOON AS PRACTICABLE AFTER THE
COMPLETION OF AN AUDIT UNDER THIS TITLE, THE ELECTION AUDITING ENTITY
SHALL SUBMIT TO THE STATE BOARD OF ELECTIONS THE RESULTS OF THE AUDIT,
AND SHALL INCLUDE IN THE SUBMISSION A COMPARISON OF THE RESULTS OF THE
ELECTION IN THE ELECTION DISTRICT AS DETERMINED BY THE ELECTION AUDITING
ENTITY UNDER THE AUDIT AND THE FINAL UNOFFICIAL VOTE COUNT IN THE
ELECTION DISTRICT AS ANNOUNCED BY THE BOARD OF ELECTIONS AND ALL UNDER-
VOTES, OVERVOTES, BLANK BALLOTS, AND SPOILED, VOIDED, OR CANCELLED
BALLOTS, AS WELL AS A LIST OF ANY DISCREPANCIES DISCOVERED BETWEEN THE
INITIAL, SUBSEQUENT, AND FINAL HAND COUNTS ADMINISTERED BY THE ELECTION
AUDITING ENTITY AND SUCH FINAL UNOFFICIAL VOTE COUNT AND ANY EXPLANATION
FOR SUCH DISCREPANCIES, BROKEN DOWN BY THE CATEGORIES OF VOTES DESCRIBED
IN SUBDIVISIONS ONE AND TWO OF SECTION 9-304 OF THIS TITLE.
2. IMMEDIATELY AFTER RECEIVING THE SUBMISSION OF THE RESULTS OF AN
AUDIT FROM THE ELECTION AUDITING ENTITY UNDER SUBDIVISION ONE OF THIS
SECTION, THE STATE BOARD OF ELECTIONS SHALL PUBLICLY ANNOUNCE AND
PUBLISH THE INFORMATION CONTAINED IN THE SUBMISSION.
3. THE RESULTS OF ANY ELECTION WHICH IS SUBJECT TO AN AUDIT UNDER THIS
TITLE SHALL NOT BE CERTIFIED PRIOR TO:
(A) TO THE COMPLETION OF THE AUDIT (AND, IF REQUIRED, ANY ADDITIONAL
AUDIT CONDUCTED UNDER SUBDIVISION FIVE OF SECTION 9-304 OF THIS TITLE)
AND THE ANNOUNCEMENT AND SUBMISSION OF THE RESULTS OF EACH SUCH AUDIT TO
THE STATE BOARD OF ELECTIONS FOR PUBLICATION OF THE INFORMATION REQUIRED
UNDER THIS SECTION; AND
(B) THE COMPLETION OF ANY PROCEDURE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS PURSUANT TO SUBDIVISION FIVE OF SECTION 9-304 OF THIS TITLE TO
RESOLVE DISCREPANCIES AND ENSURE THE ACCURACY OF RESULTS.
§ 17. Subdivision 3-a of section 3-100 of the election law is renum-
bered subdivision 3-b and a new subdivision 3-a is added to read as
follows:
3-A. (A) IT SHALL BE UNLAWFUL FOR A MEMBER OF THE STATE BOARD OF
ELECTIONS TO TAKE AN ACTIVE PART IN POLITICAL MANAGEMENT OR IN A POLI-
TICAL CAMPAIGN WITH RESPECT TO ANY ELECTION HELD PURSUANT TO THE
PROVISIONS OF THIS CHAPTER OR FOR FEDERAL OFFICE OVER WHICH SUCH OFFI-
CIAL HAS SUPERVISORY AUTHORITY. PROVIDED, HOWEVER, THAT THIS SECTION
SHALL NOT APPLY TO SUCH OFFICIALS WITH RESPECT TO AN ELECTION IN WHICH
THE OFFICIAL OR AN IMMEDIATE FAMILY MEMBER OF THE OFFICIAL IS A CANDI-
DATE.
(B) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "ACTIVE PART" SHALL MEAN SERVICE AS A MEMBER OF AN AUTHORIZED
COMMITTEE OF A CANDIDATE FOR OFFICE; THE USE OF OFFICIAL AUTHORITY OR
INFLUENCE FOR THE PURPOSE OF INTERFERING WITH OR AFFECTING THE RESULT OF
AN ELECTION; AND THE SOLICITATION, ACCEPTANCE, OR RECEIPT OF A CONTRIB-
UTION FROM ANY PERSON ON BEHALF OF A CANDIDATE FOR OFFICE.
(II) "IMMEDIATE FAMILY MEMBER" SHALL MEAN A CANDIDATE'S FATHER, MOTH-
ER, SON, DAUGHTER, BROTHER, SISTER, HUSBAND, WIFE, FATHER-IN-LAW OR
MOTHER-IN-LAW.
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§ 18. Subdivision 11 of section 5-614 of the election law, as added by
chapter 24 of the laws of 2005, is amended to read as follows:
11. A. The state board of elections shall establish a statewide voter
hotline [using information available through the statewide voter regis-
tration list] for [voters to obtain information regarding their voter
registration] RESPONDING TO QUESTIONS AND COMPLAINTS FROM INDIVIDUALS
VOTING OR SEEKING TO VOTE, OR REGISTERING TO VOTE OR SEEKING TO REGISTER
TO VOTE, IN ELECTIONS HELD PURSUANT TO THIS CHAPTER OR IN FEDERAL
ELECTIONS. SUCH HOTLINE SHALL PROVIDE SAME-DAY, AND IMMEDIATE ASSISTANCE
TO SUCH INDIVIDUALS, INCLUDING INFORMATION ON HOW TO REGISTER TO VOTE,
THE LOCATION AND HOURS OF OPERATION OF POLLING PLACES, AND HOW TO OBTAIN
ABSENTEE BALLOTS, AND ASSISTANCE TO SUCH INDIVIDUALS ENCOUNTERING PROB-
LEMS WITH REGISTERING TO VOTE OR VOTING, INCLUDING INDIVIDUALS ENCOUNT-
ERING INTIMIDATION OR DECEPTIVE PRACTICES.
B. SUCH VOTER HOTLINE SHALL OPERATE IN A MANNER THAT ENSURES THAT
INDIVIDUALS WITH DISABILITIES AND INDIVIDUALS WITH LIMITED PROFICIENCY
IN THE ENGLISH LANGUAGE ARE FULLY ABLE TO USE THE SERVICE.
C. THE STATE BOARD OF ELECTIONS SHALL FURNISH TO THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR, A
BI-ANNUAL REPORT DETAILING THE NUMBER AND TYPE OF CALLS RECEIVED BY THE
SERVICE, A COMPILATION AND DESCRIPTION OF THE REPORTS MADE TO THE
SERVICE BY INDIVIDUALS CITING INSTANCES OF VOTER INTIMIDATION OR
SUPPRESSION, AN ASSESSMENT OF THE EFFECTIVENESS OF THE SERVICE IN MAKING
INFORMATION AVAILABLE TO ALL HOUSEHOLDS WITH TELEPHONE SERVICE, AND ANY
RECOMMENDATIONS TO IMPROVE THE SERVICE.
§ 19. Section 8-400 of the election law is amended by adding a new
subdivision 6-a to read as follows:
6-A. AN ABSENTEE BALLOT MAY NOT BE ACCEPTED OR PROCESSED UNLESS THE
INDIVIDUAL'S IDENTITY IS VERIFIED BY COMPARING THE INDIVIDUAL'S SIGNA-
TURE ON THE ABSENTEE BALLOT WITH THE INDIVIDUAL'S SIGNATURE ON THE OFFI-
CIAL LIST OF REGISTERED VOTERS, IN ACCORDANCE WITH SUCH PROCEDURES
ADOPTED BY THE STATE BOARD OF ELECTIONS.
§ 20. Section 5-104 of the election law is amended by adding a new
subdivision 1-a to read as follows:
1-A. FOR THE PURPOSE OF REGISTERING AND VOTING, NO SPOUSE, DOMESTIC
PARTNER, OR DEPENDENT OF A PERSON WHO IS ABSENT FROM THE STATE IN
COMPLIANCE WITH MILITARY OR NAVAL ORDERS SHALL, SOLELY BY REASON OF THAT
PERSON'S ABSENCE AND WITHOUT REGARD TO WHETHER OR NOT SUCH FAMILY MEMBER
IS ACCOMPANYING THAT PERSON BE DEEMED TO HAVE:
A. LOST A RESIDENCE OR DOMICILE IN THIS STATE, WITHOUT REGARD TO
WHETHER OR NOT THE PERSON INTENDS TO RETURN;
B. ACQUIRED A RESIDENCE OR DOMICILE IN ANY OTHER STATE; OR
C. BECOME A RESIDENT IN OR A RESIDENT OF ANY OTHER STATE.
§ 21. Section 10-124 of the election law is amended by adding three
new subdivisions 3, 4 and 5 to read as follows:
3. NOT LATER THAN FORTY-FIVE DAYS BEFORE ANY REGULARLY SCHEDULED
GENERAL ELECTION THE STATE BOARD OF ELECTIONS SHALL SUBMIT A REPORT TO
THE GOVERNOR AND ATTORNEY GENERAL AND MAKE THAT REPORT PUBLICLY AVAIL-
ABLE THAT SAME DAY, CERTIFYING THAT ABSENTEE BALLOTS FOR THE ELECTION
ARE OR WILL BE AVAILABLE FOR TRANSMISSION TO ABSENT UNIFORMED SERVICES
VOTERS AND OVERSEAS VOTERS BY NO LATER THAN THE AMOUNT OF DAYS PRIOR TO
THE ELECTION AS OUTLINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
10-108 OF THIS ARTICLE. THE REPORT SHALL BE IN A FORM PRESCRIBED JOINT-
LY BY THE GOVERNOR AND ATTORNEY GENERAL AND SHALL REQUIRE CERTIFIED
SPECIFIC INFORMATION ABOUT BALLOT AVAILABILITY FROM EACH UNIT OF LOCAL
GOVERNMENT WHICH WILL ADMINISTER THE ELECTION.
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4. NOT LATER THAN TWELVE DAYS BEFORE ANY REGULARLY SCHEDULED GENERAL
ELECTION THE STATE BOARD OF ELECTIONS SHALL SUBMIT A REPORT TO THE
GOVERNOR AND ATTORNEY GENERAL AND MAKE THAT REPORT PUBLICLY AVAILABLE
THAT SAME DAY, CERTIFYING WHETHER ALL ABSENTEE BALLOTS HAVE BEEN TRANS-
MITTED BY NO LATER THAN THE AMOUNT OF DAYS PRIOR TO THE ELECTION AS
OUTLINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 10-108 OF THIS
ARTICLE TO ALL QUALIFIED ABSENT UNIFORMED SERVICES AND OVERSEAS VOTERS
WHOSE REQUESTS WERE RECEIVED PRIOR TO SUCH DATES BEFORE THE ELECTION.
THE REPORT SHALL BE IN A FORM PRESCRIBED JOINTLY BY THE GOVERNOR AND
ATTORNEY GENERAL AND SHALL REQUIRE CERTIFIED SPECIFIC INFORMATION ABOUT
BALLOT AVAILABILITY FROM EACH UNIT OF LOCAL GOVERNMENT WHICH WILL ADMIN-
ISTER THE ELECTION.
5. NOT LATER THAN NINETY DAYS AFTER THE DATE OF EACH REGULARLY SCHED-
ULED GENERAL ELECTION THE STATE AND COUNTY BOARDS OF ELECTIONS WHICH
ADMINISTERED SUCH ELECTION SHALL SUBMIT A REPORT TO THE GOVERNOR AND
ATTORNEY GENERAL ON THE COMBINED NUMBER OF ABSENTEE BALLOTS TRANSMITTED
TO ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS FOR THE ELECTION
AND THE COMBINED NUMBER OF SUCH BALLOTS WHICH WERE RETURNED BY SUCH
VOTERS AND CAST IN THE ELECTION, AND SHALL MAKE SUCH REPORT AVAILABLE TO
THE GENERAL PUBLIC THAT SAME DAY.
§ 22. Section 10-108 of the election law is amended by adding a new
subdivision 2-a to read as follows:
2-A. (A) IN THE EVENT THAT THE BOARD OF ELECTIONS IN ANY COUNTY FAILS
TO MEET THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION THE BOARD OF ELECTIONS IN SUCH COUNTY SHALL TRANSMIT THE BALLOT
TO THE VOTER BY EXPRESS DELIVERY OR IN THE CASE OF A VOTER WHO HAS
DESIGNATED THAT ABSENTEE BALLOTS BE TRANSMITTED ELECTRONICALLY, THE
BOARD OF ELECTIONS OF SUCH COUNTY SHALL TRANSMIT THE BALLOT TO THE VOTER
ELECTRONICALLY.
(B) IF, IN CARRYING OUT THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
VISION, A COUNTY BOARD OF ELECTIONS TRANSMITS AN ABSENTEE BALLOT TO AN
ABSENT UNIFORMED SERVICES VOTER OR OVERSEAS VOTER FEWER THAN SEVEN DAYS
BEFORE THE ELECTION, THE COUNTY BOARD OF ELECTIONS SHALL ENABLE THE
BALLOT TO BE RETURNED BY THE VOTER BY EXPRESS DELIVERY.
§ 23. Section 10-106 of the election law is amended by adding a new
subdivision 9 to read as follows:
9. (A) IF AN APPLICATION SUBMITTED BY AN ABSENT UNIFORMED SERVICES
VOTER OR OVERSEAS VOTER HAS BEEN ACCEPTED AND SUCH VOTER REQUESTS THAT
THE APPLICATION BE CONSIDERED AN APPLICATION FOR AN ABSENTEE BALLOT FOR
EACH SUBSEQUENT ELECTION, AN ABSENTEE BALLOT SHALL BE PROVIDED TO SUCH
VOTER FOR EACH SUBSEQUENT ELECTION.
(B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY WITH RESPECT TO
A VOTER REGISTERED TO VOTE IN ANY ELECTION HELD AFTER THE VOTER NOTIFIES
THE BOARD OF ELECTIONS THAT THE VOTER NO LONGER WISHES TO BE REGISTERED
TO VOTE IN THIS STATE OR SUCH COUNTY OR AFTER THE BOARD OF ELECTIONS
DETERMINES THAT THE VOTER HAS REGISTERED TO VOTE IN ANOTHER STATE OR
COUNTY OR IS OTHERWISE NO LONGER ELIGIBLE TO VOTE.
(C) A VALID VOTER REGISTRATION APPLICATION OR ABSENTEE BALLOT APPLICA-
TION SUBMITTED BY AN ABSENT UNIFORMED SERVICES VOTER OR OVERSEAS VOTER
SHALL NOT BE REFUSED ON THE GROUNDS THAT THE VOTER SUBMITTED THE APPLI-
CATION BEFORE THE FIRST DATE ON WHICH SUCH APPLICATIONS ARE ACCEPTED OR
PROCESSED BY ABSENTEE VOTERS WHO ARE NOT MEMBERS OF THE UNIFORMED
SERVICES OR OVERSEAS CITIZENS.
§ 24. Section 3-404 of the election law is amended by adding a new
subdivision 8 to read as follows:
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8. (A) AN EMPLOYEE IN OR UNDER A STATE AGENCY IS ENTITLED TO LEAVE,
WITHOUT LOSS OF OR REDUCTION IN PAY, LEAVE TO WHICH OTHERWISE ENTITLED,
CREDIT FOR TIME OR SERVICE, OR PERFORMANCE OR EFFICIENCY RATING, NOT TO
EXCEED SIX DAYS IN A LEAVE YEAR, IN ORDER TO PROVIDE ELECTION ADMINIS-
TRATION ASSISTANCE AT A POLLING PLACE ON THE DATE OF ANY ELECTION FOR
PUBLIC OFFICE OR TO RECEIVE ANY TRAINING WITHOUT WHICH SUCH EMPLOYEE
WOULD BE INELIGIBLE TO PROVIDE SUCH ASSISTANCE.
(B) THE DEPARTMENT OF CIVIL SERVICE MAY PRESCRIBE REGULATIONS FOR THE
ADMINISTRATION OF THIS SUBDIVISION, INCLUDING REGULATIONS SETTING FORTH
THE TERMS AND CONDITIONS OF THE ELECTION ADMINISTRATION ASSISTANCE AN
EMPLOYEE MAY PROVIDE FOR PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION.
§ 25. The election law is amended by adding a new section 3-422 to
read as follows:
§ 3-422. MODEL POLL WORKER TRAINING PROGRAM. 1. THE STATE BOARD OF
ELECTIONS SHALL DEVELOP AND PROVIDE TO EACH COUNTY MATERIALS FOR A MODEL
POLL WORKER TRAINING PROGRAM WHICH THE COUNTIES MAY USE TO TRAIN INDI-
VIDUALS TO SERVE AS POLL WORKERS IN STATE AND COUNTY ELECTIONS.
2. THE MATERIALS FOR THE MODEL POLL WORKER TRAINING PROGRAM DEVELOPED
UNDER THIS SECTION SHALL INCLUDE MATERIALS TO PROVIDE TRAINING WITH
RESPECT TO THE FOLLOWING:
(A) THE RELEVANT PROVISIONS OF THE LAWS WHICH APPLY TO THE ADMINIS-
TRATION OF ELECTIONS, INCLUDING BUT NOT LIMITED TO THE VOTING RIGHTS ACT
OF 1965 AND THE HELP AMERICA VOTE ACT OF 2002;
(B) THE PROVISION OF ACCESS TO VOTING TO INDIVIDUALS WITH DISABILITIES
IN A MANNER WHICH PRESERVES THE DIGNITY AND PRIVACY OF SUCH INDIVIDUALS;
(C) THE PROVISION OF ACCESS TO VOTING TO INDIVIDUALS WITH LIMITED
ENGLISH LANGUAGE PROFICIENCY, AND TO INDIVIDUALS WHO ARE MEMBERS OF
RACIAL OR ETHNIC MINORITIES, CONSISTENT WITH THE PROTECTIONS PROVIDED
FOR SUCH INDIVIDUALS UNDER RELEVANT LAW, IN A MANNER WHICH PRESERVES THE
DIGNITY OF SUCH INDIVIDUALS;
(D) PRACTICAL EXPERIENCE IN THE USE OF VOTING MACHINES WHICH WILL BE
USED IN THE ELECTION INVOLVED, INCLUDING THE ACCESSIBILITY FEATURES OF
SUCH MACHINES; AND
(E) SUCH OTHER ELECTION ADMINISTRATION SUBJECTS AS THE STATE BOARD OF
ELECTIONS CONSIDERS APPROPRIATE TO ENSURE THAT POLL WORKERS ARE ABLE TO
EFFICIENTLY ASSIST WITH THE ADMINISTRATION OF ELECTIONS.
§ 26. Section 3-212 of the election law is amended by adding a new
subdivision 6 to read as follows:
6. BEFORE THE STATE BOARD OF ELECTIONS OR ANY LOCAL BOARD OF ELECTIONS
MAKES ANY CHANGES IN ADMINISTRATION, REGULATIONS, POLICIES, PRACTICES
AND PROCEDURES AFFECTING COUNTIES WITH AT LEAST TEN PERCENT AFRICAN
AMERICAN, HISPANIC, ASIAN AND/OR NATIVE AMERICAN REGISTERED VOTERS WHO
AVERAGE FIFTY PERCENT OR LESS VOTER TURNOUT OVER THE PAST FIVE GENERAL
ELECTIONS AND/OR HAVE ANY MINORITY VOTER COMPLAINTS OR GOVERNMENT
ENFORCEMENT ACTIONS WITHIN THE PAST TEN YEARS, MUST SUBMIT SUCH CHANGES
TO THE CIVIL RIGHTS BUREAU OF THE ATTORNEY GENERAL'S OFFICE FOR
APPROVAL. THIS SHALL NOT APPLY TO ANY CHANGES MADE PURSUANT TO LAW.
§ 27. The sum of five million dollars ($5,000,000) is hereby appropri-
ated to the state board of elections out of any moneys in the state
treasury in the general fund to the credit of the state purposes
account, not otherwise appropriated, and made immediately available, for
the purpose of carrying out the provisions of section 3-508 of the
election law. Such moneys shall be payable on the audit and warrant of
the comptroller on vouchers certified or approved by a majority of the
commissioners of the state board of elections in the manner prescribed
by law.
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§ 28. This act shall take effect immediately and shall apply to all
elections conducted in 2024 and thereafter; provided, however, that
section twenty-five of this act shall take effect one year after this
act takes effect.