NY State Senate Bill S1555A

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 28, 2021	signed chap.521
Oct 22, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.696 substituted for a465a
Jun 07, 2021	referred to election law returned to assembly repassed senate
Jun 01, 2021	amended on third reading 1555a
Jun 01, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 11, 2021	referred to election law delivered to assembly passed senate
May 05, 2021	advanced to third reading
May 04, 2021	2nd report cal.
May 03, 2021	1st report cal.875
Jan 13, 2021	referred to elections

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1555 - Details

See Assembly Version of this Bill:: A465
Law Section:: Election Law
Laws Affected:: Amd §5-508, El L
Versions Introduced in 2019-2020 Legislative Session:: A11052

S1555 - Summary

Relates to the confidentiality of registration records for victims of domestic violence; requires victims of domestic violence wishing to make their registration records confidential to deliver a signed written statement swearing or affirming that they are victims of domestic violence and due to the threat of physical or emotional harm they wish to keep their registration record confidential.

S1555 - Sponsor Memo

 
BILL NUMBER: S1555

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to the confidentiality of
registration records for victims of domestic violence

 
PURPOSE:

To ensure that the home addresses of domestic violence survivors is not
made public through voter records.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 2 of section 5-508 of the
election law to allow for a victim of domestic violence to opt in to
voter confidentiality by delivering to the Board of Elections a signed
written statement swearing or affirming:

* That they are the victim of domestic violence

* That because of the threat of physical or emotional harm to themself
or to family or household members, they wish for their registration
record to be kept confidential.

The Board of Election must keep this information confidential Section 2
establishes the effective date of the bill.

 
JUSTIFICATION:

Under current New York law, all voter records are public domain. This
makes a voter's place of residence publicly accessible to anyone who
knows how to search for it. If an abuse or domestic violence survivor
were to register to vote, their home address would become public and
readily available to an abuser, placing them in further danger. The
state's current voter confidentiality program requires the survivor go
to court to apply for confidentiality. This onerous, time consuming, and
difficult process leaves the burden on survivors and can oftentimes bar
them from safely registering to vote and exercising their constitutional
rights.

According to the CDC, 1 in 4 women and 1 in 7 men will experience severe
physical violence by an intimate partner in their lifetime.  The public
availability of voter information disenfranchises vulnerable New Yorkers
who are unable to register to vote without putting themselves in danger.

Further, survivors who are unaware that their residence is publicly
available are at risk.

This legislation would allow survivors to opt to have their voter
records private for their safety by signing an affidavit that they are a
survivor of domestic violence. This option would continue to allow for
localities to verify the voter's information while protecting them from
exposing their place of residence to their abuser. This change would
mimic the language and threshold for entry used in section 11-306 of the
election law which provides that a victim of domestic violence can
submit a written statement swearing or affirming they are a victim of
domestic violence and need a special ballot. This bill would streamline

the election law and provide the same standard for both sections of the
law.

 
LEGISLATIVE HISTORY:

Originally Assembly Bill 11052.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1555 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1555
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 the confidentiality  of
   registration records for victims of domestic violence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 5-508  of  the  election  law,  as
 amended  by  chapter  396  of  the  laws  of 2017, is amended to read as
 follows:
   2. (A) A VICTIM OF DOMESTIC VIOLENCE  MAY  DELIVER  TO  THE  BOARD  OF
 ELECTIONS,  IN  THE  COUNTY  WHEREIN SUCH VICTIM OF DOMESTIC VIOLENCE IS
 REGISTERED OR INTENDS TO BE REGISTERED  PURSUANT  TO  THIS  ARTICLE,  IN
 PERSON OR BY MAIL, A SIGNED WRITTEN STATEMENT SWEARING OR AFFIRMING:
   (I) THAT SUCH PERSON IS THE VICTIM OF DOMESTIC VIOLENCE; AND
   (II) THAT BECAUSE OF THE THREAT OF PHYSICAL OR EMOTIONAL HARM TO THEM-
 SELF  OR  TO  FAMILY  OR HOUSEHOLD MEMBERS, SUCH PERSON WISHES FOR THEIR
 REGISTRATION RECORD TO BE KEPT CONFIDENTIAL.
   (B) Upon application made to the  [supreme  court,  county  court,  or
 family  court,  in  the  county wherein a victim of domestic violence is
 registered pursuant to this  article,  the  court  may  issue  an  order
 requiring] BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION,  THE  BOARD OF ELECTIONS SHALL ENSURE that any registration record
 kept or maintained in accordance with this article and any other records
 with respect to such [an individual] VICTIM OF DOMESTIC VIOLENCE be kept
 separate and apart from other such records and not be made available for
 inspection or copying by the public or any other person, except election
 officials acting within the course and scope of  their  official  duties
 and only as pertinent and necessary in connection therewith.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03121-01-1

Co-Sponsors

S1555A (ACTIVE) - Details

See Assembly Version of this Bill:: A465
Law Section:: Election Law
Laws Affected:: Amd §5-508, El L
Versions Introduced in 2019-2020 Legislative Session:: A11052

S1555A (ACTIVE) - Summary

S1555A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1555A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to the confidentiality of
registration records for victims of domestic violence

 
PURPOSE:

To ensure that the home addresses of domestic violence survivors is not
made public through voter records

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 2 of section 5-508 of the
election law to allow for a victim of domestic violence to opt in to
voter confidentiality by delivering to the Board of Elections a signed
written statement swearing or affirming:

* That they are the victim of domestic violence

* That because of the threat of physical or emotional harm to themselves
or to family or household members, they wish for their registration
record to be kept confidential.

The Board of Election must keep this information confidential. This
section also specifies that the confidentiality application expires
after four years. After such expiration, one may re apply.

Section 2 establishes the effective date of the bill.

 
JUSTIFICATION:

Under current New York law, all voter records are public domain. This
makes a voter's place of residence publicly accessible to anyone who
knows how to search for it. If an abuse or domestic violence survivor
were to register to vote, their home address would become public and
readily available to an in on survivors and can often times bar them
from safely registering to vote and exercising their constitutional
rights.

According to the CDC, 1 in 4 women and 1 in 7 men will experience severe
physical violence by an intimate partner in their lifetime.  The public
availability of voter information disenfranchises vulnerable New Yorkers
who are unable to register to vote without putting themselves in danger.

Further, survivors who are unaware that their residence is publicly
available are at risk.

This legislation would allow survivors to opt to have their voter
records private for their safety by signing an affidavit that they are a
survivor of domestic violence. This option would continue to allow for
localities to verify the voter's information while protecting them from
exposing their place of residence to their abuser. This change would
mimic the language and threshold for entry used in section 11-306 of the
election law which provides that a victim of domestic violence can
submit a written statement swearing or affirming they are a victim of
domestic, violence and need a special ballot. This bill would streamline
the election law and provide the same standard for both sections of the
law.

 
LEGISLATIVE HISTORY:

2020: A11052 (Rozic) - Election Law

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1555A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1555--A
     Cal. No. 875
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced by Sens. MYRIE, BIAGGI -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections -- reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT to amend the election law, in relation to the confidentiality of
   registration records for victims of domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 5-508 of the election law, as
 amended by chapter 396 of the laws  of  2017,  is  amended  to  read  as
 follows:
   2.  (A)  A  VICTIM  OF  DOMESTIC  VIOLENCE MAY DELIVER TO THE BOARD OF
 ELECTIONS, IN THE COUNTY WHEREIN SUCH VICTIM  OF  DOMESTIC  VIOLENCE  IS
 REGISTERED  OR  INTENDS  TO  BE  REGISTERED PURSUANT TO THIS ARTICLE, IN
 PERSON OR BY MAIL, A SIGNED WRITTEN STATEMENT SWEARING OR AFFIRMING:
   (I) THAT SUCH PERSON IS THE VICTIM OF DOMESTIC VIOLENCE; AND
   (II) THAT BECAUSE OF THE THREAT OF PHYSICAL OR EMOTIONAL HARM TO THEM-
 SELF OR TO FAMILY OR HOUSEHOLD MEMBERS, SUCH  PERSON  WISHES  FOR  THEIR
 REGISTRATION RECORD TO BE KEPT CONFIDENTIAL.
   (B)  Upon  application  made  to  the [supreme court, county court, or
 family court, in the county wherein a victim  of  domestic  violence  is
 registered  pursuant  to  this  article,  the  court  may issue an order
 requiring] BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION, THE BOARD OF ELECTIONS SHALL ENSURE that any  registration  record
 kept or maintained in accordance with this article and any other records
 with respect to such [an individual] VICTIM OF DOMESTIC VIOLENCE be kept
 separate and apart from other such records and not be made available for
 inspection or copying by the public or any other person, except election
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03121-02-1

 S. 1555--A                          2
 
 officials  acting  within  the course and scope of their official duties
 and only as pertinent and necessary in connection therewith.  THE CONFI-
 DENTIALITY OF SUCH REGISTRATION RECORDS SHALL  BEGIN  UPON  THE  BOARD'S
 ACCEPTANCE OF SUCH SWORN STATEMENT AND CONTINUE FOR FOUR YEARS FROM SUCH
 DATE. A NEW APPLICATION MAY BE MADE PRIOR TO THE EXPIRATION OF SUCH FOUR
 YEAR PERIOD.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S1555A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 7, 2021 - floor Vote

Floor Vote: Jun 7, 2021

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

May 3, 2021 - Elections committee Vote

Committee Vote: May 3, 2021

Bill Amendments

Co-Sponsors

S1555 - Details

S1555 - Summary

S1555 - Sponsor Memo

S1555 - Bill Text download pdf

Co-Sponsors

S1555A (ACTIVE) - Details

S1555A (ACTIVE) - Summary

S1555A (ACTIVE) - Sponsor Memo

S1555A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1555A

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Sponsored By

Zellnor Myrie

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 7, 2021 - floor Vote

Floor Vote: Jun 7, 2021

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

May 3, 2021 - Elections committee Vote

Committee Vote: May 3, 2021

Bill Amendments

Co-Sponsors

Alessandra Biaggi

S1555 - Details

S1555 - Summary

S1555 - Sponsor Memo

S1555 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

S1555A (ACTIVE) - Details

S1555A (ACTIVE) - Summary

S1555A (ACTIVE) - Sponsor Memo

S1555A (ACTIVE) - Bill Text download pdf

Comments