S T A T E O F N E W Y O R K
________________________________________________________________________
6168
2023-2024 Regular Sessions
I N S E N A T E
March 31, 2023
___________
Introduced by Sen. COMRIE -- 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 notices to voters of
registration cancellation or inactive status
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5-213 of the election law is amended by adding a
new subdivision 6 to read as follows:
6. WHEN A BOARD OF ELECTIONS PLACES A VOTER'S REGISTRATION IN INACTIVE
STATUS, THE BOARD OF ELECTIONS SHALL NOTIFY THE VOTER IMMEDIATELY USING:
(A) FIRST CLASS FORWARDABLE MAIL ADDRESSED TO THE ADDRESS WHERE THE
BOARD BELIEVES THE VOTER NOW RESIDES; (B) FIRST CLASS FORWARDABLE MAIL
ADDRESSED TO THE ADDRESS WHERE THE VOTER IS REGISTERED; AND (C) ANY
EMAIL ADDRESSES AND TELEPHONE NUMBERS THAT ARE IN THE BOARD OF
ELECTIONS' REGISTRATION RECORDS FOR THE VOTER. SUCH NOTICES SHALL
EXPLAIN THE REASON WHY THE VOTER HAS BEEN PLACED IN INACTIVE STATUS. THE
STATE BOARD OF ELECTIONS SHALL ESTABLISH UNIFORM, STATEWIDE FORMS OF
NOTICE FOR THIS PURPOSE.
§ 2. Subdivisions 2 and 3 of section 5-402 of the election law, subdi-
vision 2 as amended by chapter 94 of the laws of 1997 and subdivision 3
as amended by chapter 373 of the laws of 1978, are amended and a new
subdivision 5 is added to read as follows:
2. Whenever the board has reason to believe that a registered voter is
no longer qualified to vote, it shall, before cancelling his OR HER
registration, notify him OR HER, in a UNIFORM, STATEWIDE form approved
by the state board of elections, [by first class forwardable mail to the
address from which he was last registered] USING ALL OF THE NOTIFICATION
METHODS PRESCRIBED BY SUBDIVISION FIVE OF THIS SECTION, WHICH SHALL
STATE THE REASON WHY THE VOTER'S REGISTRATION IS BEING CANCELLED AND
that he OR SHE may appear before the board or answer in writing by mail,
stating the reasons why his OR HER registration should not be cancelled.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10591-01-3
S. 6168 2
Such notice shall also state that if the voter does not appear or answer
in writing within fourteen days after such notice is mailed, his OR HER
registration [will] SHALL be cancelled. Such notice shall also advise
the voter of his OR HER right to reregister pursuant to the provisions
of this chapter and shall contain the phone number to call for the days
and hours of local registration and the location of local registration
places, the deadline for personal registration by mail for the next
general election and the phone number to call to obtain additional
applications for personal registration by mail. No such notice shall be
required in order to cancel the registration of a voter who has made a
personal request to be removed from the list of registered voters as
defined by subdivision two of section 5-400 of this title or the regis-
tration of a voter whose name has been in inactive status for at least
the period required by paragraph (f) of subdivision one of section 5-400
of this title or to cancel the registration of a voter who has died.
Together with such notice of cancellation, the board shall mail to such
voter a postage paid return card in a form approved by the state board
of elections. Such card shall provide a place for the voter to set forth
the reasons for his OR HER continued eligibility to vote in such county
or city and to indicate his OR HER current address in the county or city
and a statement that failure to return the card [will] SHALL result in
cancellation of registration. The card shall also inform the voter of
how to reregister if the voter has moved out of the county or city. If
such registered voter shall fail to appear or answer in writing within
such time or if, after he OR SHE so appears or writes, the board is not
satisfied that he OR SHE is qualified to remain registered, the board
shall cancel his OR HER registration.
3. The board of elections shall notify immediately every person whose
registration is cancelled [after such person has responded, in person or
by mail, to a notice sent pursuant to subdivision two of this section,]
of the action taken and the reason therefor, [by written notice to the
address from which he was last registered] USING ALL OF THE METHODS OF
NOTICE PRESCRIBED BY SUBDIVISION FIVE OF THIS SECTION. Such notice
shall advise such persons either of their right to reregister or their
right to apply to a court of law for reinstatement, whichever is appro-
priate.
5. WHEN A BOARD OF ELECTIONS GIVES A VOTER NOTICE OF CANCELLATION OR
NOTICE OF THE BOARD'S INTENT TO CANCEL A VOTER'S REGISTRATION, THE BOARD
OF ELECTIONS SHALL IMMEDIATELY NOTIFY THE VOTER USING: (A) FIRST CLASS
FORWARDABLE MAIL ADDRESSED TO THE ADDRESS WHERE THE BOARD BELIEVES THE
VOTER NOW RESIDES; (B) FIRST CLASS FORWARDABLE MAIL ADDRESSED TO THE
ADDRESS WHERE THE VOTER IS REGISTERED; AND (C) ANY EMAIL ADDRESSES AND
TELEPHONE NUMBERS THAT ARE IN THE BOARD OF ELECTIONS' REGISTRATION
RECORDS FOR THE VOTER. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH
UNIFORM, STATEWIDE FORMS OF NOTICE FOR THIS PURPOSE.
§ 3. Subdivisions 2, 3 and 5 of section 5-712 of the election law,
subdivisions 2 and 3 as amended by chapter 200 of the laws of 1996 and
subdivision 5 as added by chapter 659 of the laws of 1994, are amended
to read as follows:
2. (a) The board of elections shall also send a confirmation notice to
every registered voter for whom it receives a notice of change of
address to an address not in such city or county which is not signed by
the voter BY FIRST CLASS FORWARDABLE MAIL, AND TO ANY EMAIL ADDRESSES
AND TELEPHONE NUMBERS THAT ARE IN THE BOARD OF ELECTIONS' REGISTRATION
RECORDS FOR THE VOTER. Such change of address notices shall include, but
not be limited to, notices of change of address received pursuant to
S. 6168 3
subdivision eleven of section 5-211 and subdivision six of section 5-212
of this article, notice of change of address from the United States
Postal Service through the National Change of Address System or from any
other agency of the federal government or any agency of any state or
local government and notice of a forwarding address on mail sent to a
voter by the board of elections and returned by the postal service. Such
confirmation notices shall be sent to such new address BY FIRST CLASS
FORWARDABLE MAIL, AND THE BOARD SHALL NOTIFY THE VOTER USING ANY EMAIL
ADDRESSES AND TELEPHONE NUMBERS THAT ARE IN THE BOARD OF ELECTIONS'
REGISTRATION RECORDS FOR THE VOTER.
(b) If a notice sent pursuant to paragraph (a) of this subdivision to
the voter at the new address is returned as undeliverable, the board of
elections shall send another SECOND such notice BY FIRST CLASS FORWARDA-
BLE MAIL, AND TO ANY EMAIL ADDRESSES AND TELEPHONE NUMBERS THAT ARE IN
THE BOARD OF ELECTIONS' REGISTRATION RECORDS FOR THE VOTER to the
address at which the voter was originally registered.
3. Such notices REQUIRED BY SUBDIVISIONS ONE AND TWO OF THIS SECTION
shall be [in a form] SENT USING UNIFORM, STATEWIDE FORMS prescribed by
the state board of elections and THE MAILED NOTICES shall include a
postage-paid return card on which the voter may confirm the fact that he
OR SHE still resides at the address to which the notice was sent, or
notify the board of any change of address. Such notices shall request
all voters who receive the notice to reply with their current addresses.
Such notices shall request all voters who receive the notice to reply
with their current addresses and shall state that voters who have not
moved or who have moved within the county or city and who do not respond
may be required to vote by affidavit ballot and that if they do not vote
in any election up to and including the second federal election after
such notice, their registrations may be cancelled. Such notices sent to
addresses in New York state shall also include a mail registration form
and information on how voters who have moved to a different city or
county may reregister.
5. All voters or applicants to whom a confirmation notice is sent,
pursuant to the provisions of this section, shall forthwith be placed in
inactive status. WHEN A VOTER IS PLACED IN INACTIVE STATUS, THE BOARD OF
ELECTIONS SHALL NOTIFY THE VOTER THAT THEY ARE NOW IN INACTIVE STATUS
USING ALL OF THE METHODS SET FORTH IN SUBDIVISION FIVE OF SECTION 5-402
OF THIS ARTICLE THAT MUST BE USED TO NOTIFY A VOTER THAT THEIR REGISTRA-
TION HAS BEEN CANCELLED AND THE NOTICES SHALL STATE THE REASON THAT THE
VOTER HAS BEEN PLACED IN INACTIVE STATUS. BOARDS OF ELECTIONS SHALL USE
A UNIFORM, STATEWIDE NOTICE APPROVED BY THE STATE BOARD OF ELECTIONS FOR
THIS PURPOSE.
§ 4. This act shall take effect immediately.