S T A T E O F N E W Y O R K
________________________________________________________________________
6450
2021-2022 Regular Sessions
I N S E N A T E
April 29, 2021
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Introduced by Sens. JORDAN, BORRELLO -- read twice and ordered printed,
and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to requirements for first
time voters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The election law is amended by adding a new section 8-303-a
to read as follows:
§ 8-303-A. VOTER IDENTIFICATION FOR FIRST TIME VOTERS. 1. APPLICABIL-
ITY. EACH BOARD OF ELECTIONS, IN A UNIFORM AND NONDISCRIMINATORY MANNER,
SHALL REQUIRE A VOTER TO MEET THE REQUIREMENTS OF SUBDIVISION TWO OF
THIS SECTION IF THE INDIVIDUAL HAS NOT PREVIOUSLY VOTED IN AN ELECTION
FOR LOCAL, STATE OR FEDERAL OFFICE.
2. REQUIREMENTS. (A) IN GENERAL. AN INDIVIDUAL MEETS THE REQUIREMENTS
OF THIS SUBDIVISION IF THE INDIVIDUAL:
(1) IN THE CASE OF AN INDIVIDUAL WHO VOTES IN PERSON PRESENTS TO THE
APPROPRIATE ELECTION INSPECTOR, CLERK OR COORDINATOR A CURRENT AND VALID
UNITED STATES PASSPORT, NEW YORK STATE ISSUED REAL ID, NEW YORK STATE
ENHANCED ID, SOCIAL SECURITY CARD, BIRTH CERTIFICATE, OR NATIONALIZATION
PAPERS; OR
(2) IN THE CASE OF AN INDIVIDUAL WHO VOTES BY MAIL, SUBMITS IN THE
OUTER ENVELOPE WITH THE ENVELOPE CONTAINING THE BALLOT A COPY OF A
CURRENT AND VALID UNITED STATES PASSPORT, NEW YORK STATE ISSUED REAL ID,
NEW YORK STATE ENHANCED ID, SOCIAL SECURITY CARD, BIRTH CERTIFICATE, OR
NATIONALIZATION PAPERS.
(B) FAIL-SAFE VOTING. (1) AN INDIVIDUAL WHO IS ATTEMPTING TO VOTE IN
PERSON, BUT WHO DOES NOT MEET THE REQUIREMENTS OF THIS SUBDIVISION, MAY
CAST AN AFFIDAVIT BALLOT, AND NOTWITHSTANDING THIS SECTION OF LAW, SUCH
AFFIDAVIT BALLOT SHALL BE DULY CAST AND COUNTED, EVEN THOUGH SUCH INDI-
VIDUAL DOES NOT MEET THE REQUIREMENTS OF SUBPARAGRAPH ONE OF PARAGRAPH
(A) OF THIS SUBDIVISION, PROVIDED SUCH INDIVIDUAL CASTING SUCH BALLOT IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10987-01-1
S. 6450 2
AN OTHERWISE ELIGIBLE VOTER PURSUANT TO LAW, PROVIDED FURTHER THAT SUCH
BALLOT OTHERWISE COMPLIES WITH THE REQUIREMENTS OF LAW.
(2) AN INDIVIDUAL WHO IS ATTEMPTING TO VOTE BY MAIL BUT WHO DOES NOT
MEET THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION MAY CAST SUCH
BALLOT BY MAIL AND SUCH BALLOT SHALL BE DULY CAST AND COUNTED, NOTWITH-
STANDING THIS SECTION, PROVIDED THE VOTER IS DETERMINED TO BE AN ELIGI-
BLE VOTER, PROVIDED FURTHER THAT SUCH BALLOT OTHERWISE COMPLIES WITH THE
REQUIREMENTS OF LAW.
§ 2. This act shall take effect immediately.