S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7876
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen. WALCZYK -- 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  requiring  a  valid
   government issued photo identification card to be presented when cast-
   ing a ballot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8-303 of the election law, as added by chapter  420
 of the laws of 2004, subparagraph 1 of paragraph (b) of subdivision 3 as
 amended  by  chapter  160  of  the  laws  of 2005, is amended to read as
 follows:
   § 8-303. [Initial voter] VOTER identification. 1. Applicability.  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:
   (a)  the individual registered to vote in a jurisdiction by mail on or
 after January first, two thousand three; and
   (b) the individual has not previously voted in an election for federal
 office in the jurisdiction of the board of elections].
   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[:  (i)], presents
 to  the  appropriate  election inspector, clerk or coordinator a current
 and valid GOVERNMENT ISSUED photo identification[; or
   (ii) presents to the appropriate election inspector, clerk or  coordi-
 nator  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;] or
   (2)  in  the  case  of an individual who votes by mail, submits in the
 outer envelope with the envelope containing the ballot[: (i)] a copy  of
 a current and valid GOVERNMENT ISSUED photo identification[; or
   (ii)  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].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09014-01-3
 S. 7876                             2
 
   (3)  A  VALID AND CURRENT GOVERNMENT ISSUED PHOTO IDENTIFICATION SHALL
 INCLUDE: A NEW YORK STATE DRIVER'S LICENSE OR NON-DRIVER  ID;  A  UNITED
 STATES PASSPORT; AN IDENTIFICATION CARD ISSUED BY A UNITED STATES EDUCA-
 TIONAL  INSTITUTION;  A  UNITED  STATES  MILITARY IDENTIFICATION CARD; A
 GOVERNMENT  ISSUED MEDICAL CARD OR ANY IDENTIFICATION CARD ISSUED BY THE
 UNITED STATES OR THE STATE OF NEW YORK.
   (b) Fail-safe voting. (1) An individual who desires to vote in person,
 but [who does not meet the requirements of subparagraph one of paragraph
 (a) of this subdivision] DOES NOT POSSESS A CURRENT AND VALID GOVERNMENT
 ISSUED PHOTO IDENTIFICATION, may cast an affidavit ballot[, and notwith-
 standing this section of law, such]. SUCH affidavit ballot shall be duly
 cast and counted[,  even  though  such  individual  does  not  meet  the
 requirements  of subparagraph one of paragraph (a) of this subdivision,]
 provided such individual casting such ballot is  an  otherwise  eligible
 voter  pursuant  to  law,  [provided  further]  THAT  THE LOCAL BOARD OF
 ELECTIONS DETERMINES THE VALIDITY OF THE AFFIDAVIT BALLOT AND that  such
 ballot otherwise complies with the requirements of law.
   (2)  An  individual who desires to vote by mail but who does not [meet
 the requirements of subparagraph two of paragraph (a) of  this  subdivi-
 sion]  POSSESS  A  CURRENT AND VALID GOVERNMENT ISSUED PHOTO IDENTIFICA-
 TION, may cast such a ballot by mail and such ballot shall be duly  cast
 and  counted[,  notwithstanding  this  section,]  provided [the voter is
 determined to be an eligible voter and provided further], THAT THE LOCAL
 BOARD OF ELECTIONS DETERMINES THE VALIDITY OF THE  BALLOT  BY  MAIL  AND
 that such ballot otherwise complies with the requirements of law.
   3. Inapplicability. Subdivisions one and two of this section shall not
 apply  in  the  case  of a person: (a) who registers to vote by mail and
 submits as part of such registration [either:
   (1)] a copy of a current and valid GOVERNMENT ISSUED photo identifica-
 tion; or
   [(2) a copy of a current  utility  bill,  bank  statement,  government
 check,  paycheck, or government document that shows the name and address
 of the voter;]
   (b) [(1)] who registers to vote by mail and submits with  such  regis-
 tration either:
   [(i)]  (1)  a  driver's license or a department of motor vehicles non-
 driver photo ID number; or
   [(ii)] (2) at least the last four digits of  the  individual's  social
 security  number;  and  [(2)]  with  respect  to  whom  a local board of
 elections matches the information submitted under [subparagraph one  of]
 this  paragraph with an existing state identification record bearing the
 number, name and date of birth of such voter; [or
   (c) who is: (1)] (3) SUCH PERSON  IS  entitled  to  vote  by  absentee
 ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42
 U.S.C. 1973ff-1 et seq.);
   [(2)]  (4) SUCH PERSON IS provided the right to vote otherwise than in
 person under section 3 (b) (2) (B) (ii) of the Voting Accessibility  for
 the  Elderly  and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii));
 or
   [(3)] (5) SUCH PERSON IS entitled to vote  otherwise  than  in  person
 under any other federal law.
   § 2. This act shall take effect immediately.