S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2076
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation  to  the  automatic  voter
   registration process
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Title 9 of article 5 of the election law,  as  added  by  a
 chapter of the laws of 2020 amending the election law relating to estab-
 lishing an automatic voter registration process integrated within desig-
 nated  agency  applications,  as  proposed  in legislative bills numbers
 S.8806 and A.8280-C, is amended 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
 such  agency,  including  a  renewal,  recertification, or reexamination
 transaction at such agency, and each person who [notifies the agency of]
 SUBMITS a change of address or name FORM.    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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07188-01-1

 S. 2076                             2
 
 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 tran-
 sactions.  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  transmit-
 tal  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-registra-
 tion 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]
 THE APPLICANT'S signature that [he or she]  THE  APPLICANT  meets  those
 requirements  under  penalty  of  perjury AND IS APPLYING TO REGISTER OR
 PRE-REGISTER TO VOTE 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;

 S. 2076                             3
 
   (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 SIGNS THE APPLICATION AND DOES NOT CHECK THE  BOX
 DECLINING  TO  REGISTER  TO VOTE, SUCH APPLICANT THEREBY CONSENTS TO THE
 USE OF ANY INFORMATION  REQUIRED  TO  COMPLETE  THE  VOTER  REGISTRATION
 APPLICATION;
   (VI)  if the applicant declines to register, such applicant's declina-
 tion shall remain confidential and be used only for  voter  registration
 purposes; and
   [(vi)]  (VII)  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, AND YOU WILL
 HAVE ATTESTED TO YOUR ELIGIBILITY 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]  THE
 APPLICANT'S  choice  of  party  enrollment,  with  a  clear  alternative
 provided for the applicant to decline to affiliate with  any  party  and
 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]
 ONLY  ENROLLED  MEMBERS  OF  A  POLITICAL PARTY MAY VOTE IN THAT PARTY'S
 PRIMARIES".
   (f) include a statement that if an applicant is a victim  of  domestic
 violence  or  stalking,  [he or she] THE APPLICANT may contact the state
 board of elections BEFORE OR AFTER  REGISTERING  OR  PRE-REGISTERING  TO
 VOTE in order to receive information regarding the address confidential-
 ity 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
 ELECTRONIC 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,

 S. 2076                             4
 
 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,
 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]  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE,
 DESIGNATED agencies for purposes  of  this  section  shall  include  the
 department  of motor vehicles[,].  BEGINNING JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR, DESIGNATED AGENCIES FOR THE PURPOSES OF THIS SECTION  SHALL
 ALSO INCLUDE the department of health, the office of temporary and disa-
 bility  assistance,  the  department of labor, [the office of vocational
 and educational services for individuals with disabilities,] THE  OFFICE
 OF ADULT CAREER AND CONTINUING EDUCATION SERVICES - VOCATIONAL REHABILI-
 TATION, county and city departments of social services, and the New York
 city  housing  authority,  as well as any other agency designated by the
 governor. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE,  DESIGNATED
 AGENCIES  FOR  THE PURPOSES OF THIS SECTION SHALL ALSO INCLUDE THE STATE
 UNIVERSITY OF NEW YORK. 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  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.
   14.  [Each]  EVERY  OTHER year, the governor shall conduct a review of
 each participating 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 appropri-
 ate.  The  governor  shall  designate  each  participating  agency  that
 collects  information or documents that would provide proof of eligibil-
 ity 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 registration 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 certification by the state board of elections that the  informa-

 S. 2076                             5
 
 tion 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
 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] THE PERSON 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]  THE  PERSON  is  not

 S. 2076                             6
 
 eligible  to  do  so,  and  did not subsequently vote or attempt to vote
 knowing that [he or she] THE PERSON 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
 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.
   §  2.  Section 5-308 of the election law, as added by a chapter of the
 laws of 2020 amending the election law relating to establishing an auto-
 matic voter registration process  integrated  within  designated  agency
 applications,  as  proposed  in  legislative  bills  numbers  S.8806 and
 A.8280-C, is amended 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] ONLY ENROLLED MEMBERS  OF  A  POLI-
 TICAL PARTY MAY VOTE IN THAT PARTY'S PRIMARIES." 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  (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] THE
 VOTER 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-

 S. 2076                             7
 
 five days before that primary pursuant to title nine of this article and
 such voter is otherwise qualified to vote in such election.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2020 amending the election law relat-
 ing to establishing an automatic voter registration  process  integrated
 within  designated agency applications, as proposed in legislative bills
 numbers S.8806 and A.8280-C, takes effect.