S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8752
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 providing for automatic
   voter  registration  and  preregistration  for  persons  applying  for
   certain  department  of motor vehicles documentation, and for Medicaid
   enrollees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1, paragraphs (c), (d) and (e) of subdivision 6
 and  subdivisions  10  and  13  of section 5-900 of the election law, as
 amended by chapter 37 of the laws  of  2021,  are  amended  to  read  as
 follows:
   1.  In addition to any other method of voter registration provided for
 by this chapter, state and local  agencies  designated  in  subdivisions
 thirteen  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 submits a change of
 address or name form. [For the purposes of the department of motor vehi-
 cles, "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 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  transactions.  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 transmittal system. For
 purposes of this section, "agency" shall mean any state or local agency,
 department, division, office, institution or other entity designated  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14805-01-4
 S. 8752                             2
 
 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-registration pursuant to
 section 5-507 of this article.
   (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,  OR ITS SUBSTANTIAL EQUIVALENT, in prominent type,
 "IF YOU DO NOT CHECK THIS BOX, AND YOU PROVIDE  YOUR  SIGNATURE  ON  THE
 SPACE  BELOW, YOU WILL HAVE APPLIED TO REGISTER OR PRE-REGISTER TO VOTE,
 AND YOU WILL HAVE ATTESTED TO YOUR ELIGIBILITY TO REGISTER OR PRE-REGIS-
 TER TO VOTE."
   (d) include the following warning statement, OR ITS SUBSTANTIAL EQUIV-
 ALENT, 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 NATURALIZA-
 TION.";
   (e) include a space for the  applicant  to  indicate  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,  OR  ITS  SUBSTANTIAL  EQUIVALENT,  in  prominent  type "ONLY
 ENROLLED MEMBERS OF A POLITICAL PARTY MAY VOTE IN  THAT  PARTY'S  PRIMA-
 RIES".
   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, OR ITS SUBSTANTIAL EQUIV-
 ALENT: "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION AND PRE-REGIS-
 TRATION PURPOSES.  DO  NOT  FORWARD  MY  INFORMATION  TO  THE  BOARD  OF
 ELECTIONS."
   13.  [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 disability
 assistance,  the  department  of  labor,  the office of adult career and
 continuing education services - vocational  rehabilitation,  county  and
 city  departments  of  social  services,  and  the New York city housing
 authority, as well as any  other  agency  designated  by  the  governor.
 PROVIDED  THAT, ANY TRANSACTIONS WITH THE DEPARTMENT OF HEALTH OR COUNTY
 AND CITY DEPARTMENTS OF SOCIAL SERVICES  INVOLVING  MEDICAID  ENROLLMENT
 SHALL  BE  PROCESSED PURSUANT TO SECTION 5-901-A OF THIS TITLE, IN PLACE
 OF THIS SECTION. 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  employ-
 ees 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
 S. 8752                             3
 
 transmission of data through an  interface  with  the  electronic  voter
 registration transmittal system in a secure manner.
   § 2. The election law is amended by adding a new section 5-901 to read
 as follows:
   §  5-901.  PROCEDURES SPECIFIC TO THE DEPARTMENT OF MOTOR VEHICLES. 1.
 THE DEPARTMENT OF MOTOR  VEHICLES  SHALL  UTILIZE  THE  AUTOMATIC  VOTER
 REGISTRATION  PROCEDURES ESTABLISHED BY THIS SECTION FOR EACH PERSON WHO
 SUBMITS AN APPLICATION FOR A MOTOR VEHICLE DRIVER'S LICENSE, A  DRIVER'S
 LICENSE  RENEWAL,  OR  AN IDENTIFICATION CARD, OR ANY RENEWAL, RECERTIF-
 ICATION, OR REEXAMINATION TRANSACTION FOR SUCH DOCUMENTS, OR ANY  CHANGE
 OF ADDRESS OR NAME FORM FOR SUCH DOCUMENTS.
   2.  (A) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, WHERE
 A PERSON CONDUCTS A DEPARTMENT OF MOTOR VEHICLES TRANSACTION PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION AND SUCH PERSON HAS PROVIDED  DOCUMENTA-
 TION  TO  THE  DEPARTMENT  OF  MOTOR VEHICLES CONCLUSIVELY DEMONSTRATING
 UNITED STATES CITIZENSHIP AND IS OF SUFFICIENT AGE TO REGISTER  OR  PRE-
 REGISTER TO VOTE, THE DEPARTMENT OF MOTOR VEHICLES SHALL PROMPTLY TRANS-
 MIT  ELECTRONICALLY TO THE STATE BOARD OF ELECTIONS THE FOLLOWING INFOR-
 MATION REGARDING SUCH PERSON:
   (I) SUCH PERSON'S NAME;
   (II) SUCH PERSON'S DATE OF BIRTH;
   (III) SUCH PERSON'S DRIVER'S LICENSE OR STATE ID NUMBER;
   (IV) SUCH PERSON'S RESIDENCE ADDRESS, AND MAILING ADDRESS IF DIFFERENT
 FROM SUCH RESIDENCE ADDRESS;
   (V) SUCH PERSON'S COUNTY OF RESIDENCE;
   (VI) SUCH PERSON'S CITIZENSHIP STATUS;
   (VII) AN ELECTRONIC COPY OF SUCH PERSON'S MANUAL SIGNATURE THAT IS  IN
 THE CUSTODY OF THE DEPARTMENT OF MOTOR VEHICLES;
   (VIII)  THE  DATE  OF SUCH PERSON'S TRANSACTION WITH THE DEPARTMENT OF
 MOTOR VEHICLES;
   (IX) SUCH PERSON'S GENDER, IF AVAILABLE;
   (X) SUCH PERSON'S TELEPHONE NUMBER, IF AVAILABLE; AND
   (XI) SUCH PERSON'S E-MAIL ADDRESS, IF AVAILABLE.
   (B) THE DEPARTMENT OF MOTOR VEHICLES AND THE STATE BOARD OF  ELECTIONS
 SHALL  JOINTLY  DETERMINE  WHICH  DOCUMENTS  ACCEPTABLE FOR TRANSACTIONS
 PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION  CONCLUSIVELY  DEMONSTRATE
 UNITED STATES CITIZENSHIP.
   (C)  THE  DEPARTMENT  OF MOTOR VEHICLES SHALL NOT TRANSMIT INFORMATION
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION FOR ANY PERSON  WHO  IS  A
 PROGRAM  PARTICIPANT  IN THE ADDRESS CONFIDENTIALITY PROGRAM PURSUANT TO
 SECTION ONE HUNDRED EIGHT OF THE EXECUTIVE LAW.
   (D) UPON RECEIVING INFORMATION  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION FOR A PERSON WHO IS NOT REGISTERED TO VOTE IN NEW YORK STATE
 AND WHO IS OF SUFFICIENT AGE TO REGISTER OR PRE-REGISTER TO VOTE, UNLESS
 THE  STATE BOARD OF ELECTIONS HAS EVIDENCE THAT SUCH PERSON IS A PROGRAM
 PARTICIPANT IN THE ADDRESS CONFIDENTIALITY PROGRAM PURSUANT  TO  SECTION
 ONE  HUNDRED  EIGHT  OF  THE EXECUTIVE LAW, THE STATE BOARD OF ELECTIONS
 SHALL ELECTRONICALLY FORWARD SUCH INFORMATION TO THE BOARD OF  ELECTIONS
 OF  THE  COUNTY OR THE CITY OF THE PERSON'S RESIDENCE ADDRESS FOR REGIS-
 TRATION OR PRE-REGISTRATION CONSISTENT WITH THIS CHAPTER.
   (E) (I) UPON RECEIVING INFORMATION PURSUANT TO PARAGRAPH (D)  OF  THIS
 SUBDIVISION,  A COUNTY OR CITY BOARD OF ELECTIONS SHALL REGISTER OR PRE-
 REGISTER THE PERSON TO VOTE PURSUANT TO SECTION 5-210  OF  THIS  ARTICLE
 EFFECTIVE  AS  OF THE DATE OF SUCH PERSON'S TRANSACTION WITH THE DEPART-
 MENT OF MOTOR VEHICLES. THE COUNTY OR  CITY  BOARD  OF  ELECTIONS  SHALL
 PROMPTLY SEND TO SUCH PERSON'S MAILING ADDRESS, BY NON-FORWARDABLE MAIL,
 S. 8752                             4
 
 A NOTICE THAT SUCH PERSON HAS BEEN REGISTERED TO VOTE, OR PRE-REGISTERED
 TO VOTE, IF APPLICABLE, THAT CONTAINS A POSTAGE PAID PREADDRESSED RETURN
 FORM  BY  WHICH  SUCH  PERSON MAY DECLINE TO BE REGISTERED OR PRE-REGIS-
 TERED.  SUCH  NOTICE SHALL BE COMBINED WITH THE NOTICE REQUIRED PURSUANT
 TO SUBDIVISION ONE OF SECTION 5-308 OF THIS ARTICLE AND SHALL ALSO OFFER
 SUCH PERSON THE OPPORTUNITY TO ENROLL WITH A PARTY.  SUCH  NOTICE  SHALL
 ALSO  INCLUDE  A  STATEMENT THAT, IF SUCH PERSON DECLINES TO REGISTER OR
 PRE-REGISTER TO VOTE, THE FACT THAT SUCH PERSON HAS  DECLINED  REGISTRA-
 TION  OR PRE-REGISTRATION WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY
 FOR ELECTION ADMINISTRATION PURPOSES, AND  A  STATEMENT  THAT,  IF  SUCH
 PERSON  DOES NOT DECLINE REGISTRATION OR PRE-REGISTRATION, THE OFFICE AT
 WHICH SUCH PERSON WAS REGISTERED OR PRE-REGISTERED WILL REMAIN CONFIDEN-
 TIAL AND WILL BE USED ONLY FOR ELECTION  ADMINISTRATION  PURPOSES.  SUCH
 NOTICE  SHALL ALSO PROVIDE INFORMATION AND PROCEDURES FOR ANYONE WISHING
 TO PREVENT DISCLOSURE OF THEIR RESIDENCE ADDRESS, INCLUDING  INFORMATION
 REGARDING  THE  ADDRESS  CONFIDENTIALITY PROGRAM FOR VICTIMS OF DOMESTIC
 VIOLENCE UNDER SECTION 5-508 OF THIS ARTICLE.  THE  NOTICE  REQUIRED  BY
 THIS  SUBPARAGRAPH  MAY  BE  COMBINED  WITH THE NOTICE PROVIDED TO NEWLY
 REGISTERED VOTERS PURSUANT TO SUBDIVISION NINE OF SECTION 5-210 OF  THIS
 ARTICLE.
   (II)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, A PERSON OF
 SUFFICIENT AGE TO REGISTER TO VOTE WHOSE INFORMATION IS TRANSMITTED TO A
 COUNTY OR CITY BOARD PURSUANT TO  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH
 SHALL BE REGISTERED TO VOTE FOR AN ELECTION IF THE DATE OF SUCH PERSON'S
 TRANSACTION  WITH  THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION OCCURS BY THE TWELFTH DAY BEFORE SUCH  ELECTION
 AND SUCH PERSON'S INFORMATION IS TRANSMITTED TO THE COUNTY OR CITY BOARD
 BY  THE  TENTH DAY BEFORE SUCH ELECTION. A PERSON WHOSE TRANSACTION WITH
 THE DEPARTMENT OF  MOTOR  VEHICLES  OCCURS  WITHIN  THIRTY  DAYS  OF  AN
 ELECTION  SHALL BE REQUIRED TO AFFIRM BEFORE VOTING THAT SUCH PERSON HAS
 RESIDED IN SUCH PERSON'S COUNTY, CITY, OR VILLAGE FOR  AT  LEAST  THIRTY
 DAYS  BEFORE  SUCH  ELECTION. SUCH AFFIRMATION SHALL BE AVAILABLE AT THE
 TIME OF VOTING AND AT THE TIME OF REQUESTING AN EARLY MAIL  OR  ABSENTEE
 BALLOT.  A  VOTER WHO SIGNS AN AFFIRMATION PURSUANT TO THIS SUBPARAGRAPH
 SHALL NOT BE CHALLENGED OR REQUIRED TO VOTE AN AFFIDAVIT BALLOT  ON  THE
 GROUNDS THAT SUCH VOTER SIGNED SUCH AFFIRMATION.
   (F) (I) IF A PERSON RETURNS THE NOTICE PROVIDED UNDER SUBPARAGRAPH (I)
 OF  PARAGRAPH  (E)  OF THIS SUBDIVISION AND DECLINES TO BE REGISTERED OR
 PRE-REGISTERED TO VOTE, SUCH PERSON'S REGISTRATION  OR  PRE-REGISTRATION
 SHALL  BE  CANCELED,  AND SUCH PERSON SHALL BE DEEMED TO HAVE NOT REGIS-
 TERED OR PRE-REGISTERED.  HOWEVER,  IF  SUCH  PERSON  HAS  VOTED  IN  AN
 ELECTION  AFTER THE TRANSMISSION OF SUCH PERSON'S INFORMATION BUT BEFORE
 THE NOTICE IS RETURNED, THE RETURNED FORM SHALL BE OF NO EFFECT AND SUCH
 PERSON SHALL REMAIN REGISTERED AS OF THE DATE OF  SUCH  PERSON'S  TRANS-
 ACTION  WITH  THE  DEPARTMENT OF MOTOR VEHICLES. INFORMATION RELATING TO
 THE RETURN OF A NOTICE FORM DECLINING TO BE REGISTERED OR PRE-REGISTERED
 SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN ELECTION ADMINISTRATION.
   (II) NOTWITHSTANDING SUBDIVISION TWO OF SECTION 5-304 OF THIS ARTICLE,
 IF A PERSON RETURNS THE NOTICE PROVIDED UNDER SUBPARAGRAPH (I) OF  PARA-
 GRAPH  (E)  OF  THIS  SUBDIVISION  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  THE VOTER
 REACHES THE AGE OF ELIGIBILITY.
   (III) IF A PERSON RETURNS THE NOTICE PROVIDED UNDER  SUBPARAGRAPH  (I)
 OF  PARAGRAPH  (E)  OF THIS SUBDIVISION BUT DOES NOT SELECT ANY OPTIONS,
 THE RETURNED NOTICE SHALL BE OF NO FORCE AND  EFFECT,  AND  SUCH  PERSON
 S. 8752                             5
 
 SHALL  REMAIN REGISTERED TO VOTE, OR PRE-REGISTERED TO VOTE, IF APPLICA-
 BLE.
   3.  (A) THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT PROVIDE AN OPPORTU-
 NITY TO REGISTER OR PRE-REGISTER TO VOTE OR TRANSMIT ANY INFORMATION  TO
 THE BOARD OF ELECTIONS FOR PURPOSES OF VOTER REGISTRATION FOR ANY PERSON
 WHO, WHEN CONDUCTING A DEPARTMENT OF MOTOR VEHICLES TRANSACTION PURSUANT
 TO  SUBDIVISION ONE OF THIS SECTION, PROVIDES DOCUMENTATION CONCLUSIVELY
 DEMONSTRATING THAT SUCH PERSON IS  NOT  A  UNITED  STATES  CITIZEN.  THE
 DEPARTMENT  OF  MOTOR  VEHICLES  AND  THE STATE BOARD OF ELECTIONS SHALL
 JOINTLY DETERMINE WHICH DOCUMENTS ARE ACCEPTABLE  FOR  A  MOTOR  VEHICLE
 DRIVER'S  LICENSE, A DRIVER'S LICENSE RENEWAL, OR AN IDENTIFICATION CARD
 TO CONCLUSIVELY DEMONSTRATE THAT A PERSON IS NOT A UNITED  STATES  CITI-
 ZEN.
   (B)  FOR ANY PERSON WHO CONDUCTS A DEPARTMENT OF MOTOR VEHICLES TRANS-
 ACTION PURSUANT TO SUBDIVISION ONE OF THIS SECTION WHOSE INFORMATION  IS
 NOT  ALREADY  SUBJECT  TO  TRANSMISSION  TO THE STATE BOARD OF ELECTIONS
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF  THIS  SECTION  AND  WHO
 DOES  NOT PROVIDE DOCUMENTATION AT THE TIME OF SUCH PERSON'S TRANSACTION
 CONCLUSIVELY DEMONSTRATING THAT SUCH PERSON IS NOT A UNITED STATES CITI-
 ZEN, THE DEPARTMENT OF MOTOR VEHICLES TRANSACTION SHALL PROVIDE AN INTE-
 GRATED VOTER REGISTRATION OPPORTUNITY AS PART OF SUCH TRANSACTION.   FOR
 PURPOSES  OF  THIS PARAGRAPH, REGISTRATION SHALL ALSO INCLUDE PRE-REGIS-
 TRATION PURSUANT TO SECTION 5-507 OF THIS ARTICLE.
   (C) THE DEPARTMENT SHALL ENSURE AGENCY APPLICATIONS PURSUANT TO  PARA-
 GRAPH  (B)  OF  THIS SUBDIVISION 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 REGIS-
 TRATION TRANSMITTAL SYSTEM.
   (D) THE INTEGRATED VOTER REGISTRATION OPPORTUNITY SHALL:
   (I) INCLUDE A STATEMENT OF  THE  ELIGIBILITY  REQUIREMENTS  FOR  VOTER
 REGISTRATION  AND  SHALL REQUIRE AN APPLICANT TO ATTEST THAT SUCH APPLI-
 CANT MEETS SUCH REQUIREMENTS UNDER PENALTY OF PERJURY;
   (II) INFORM AN APPLICANT, IN PRINT  IDENTICAL  TO  THAT  USED  IN  THE
 ATTESTATION SECTION, OF THE FOLLOWING:
   (A) VOTER ELIGIBILITY REQUIREMENTS;
   (B) PENALTIES FOR SUBMISSION OF A FALSE REGISTRATION APPLICATION;
   (C)  THAT  THE  OFFICE  WHERE  SUCH APPLICANT APPLIES FOR REGISTRATION
 SHALL REMAIN CONFIDENTIAL AND THE VOTER REGISTRATION  INFORMATION  SHALL
 BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
   (D) THAT IF SUCH APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
 SUCH APPLICANT THEREBY CONSENTS TO THE USE OF AN ELECTRONIC COPY OF SUCH
 APPLICANT'S MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT OF
 MOTOR  VEHICLES,  AS SUCH APPLICANT'S VOTER REGISTRATION EXEMPLAR SIGNA-
 TURE;
   (E) IF SUCH APPLICANT SIGNS THE APPLICATION AND AFFIRMATIVELY  SELECTS
 THE  VOTER  REGISTRATION  OPTION, SUCH APPLICANT THEREBY CONSENTS TO THE
 USE OF ANY INFORMATION  REQUIRED  TO  COMPLETE  THE  VOTER  REGISTRATION
 APPLICATION; AND
   (F)  IF SUCH APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S DECLINA-
 TION SHALL REMAIN CONFIDENTIAL AND BE USED ONLY FOR  VOTER  REGISTRATION
 PURPOSES;
   (III) REQUIRE AN APPLICANT WHO ATTESTS TO THE ELIGIBILITY REQUIREMENTS
 FOR  VOTER  REGISTRATION TO EITHER AFFIRMATIVELY SELECT OR AFFIRMATIVELY
 DECLINE VOTER REGISTRATION AS A  NECESSARY  CONDITION  TO  COMPLETE  THE
 APPLICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION;
 S. 8752                             6
 
   (IV)  INCLUDE  THE  FOLLOWING  WARNING  STATEMENT,  OR ITS SUBSTANTIAL
 EQUIVALENT, IN PROMINENT TYPE, "IF YOU ARE NOT A CITIZEN OF  THE  UNITED
 STATES,  DO  NOT SELECT THE OPTION TO REGISTER TO VOTE. 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 DEPORTA-
 TION OR REMOVAL, EXCLUSION FROM  ADMISSION  TO  THE  UNITED  STATES,  OR
 DENIAL OF NATURALIZATION.";
   (V)  INCLUDE  A  SPACE  FOR  AN APPLICANT TO INDICATE SUCH APPLICANT'S
 CHOICE OF PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED  FOR  SUCH
 APPLICANT  TO  DECLINE  TO  AFFILIATE  WITH  ANY PARTY AND THE FOLLOWING
 STATEMENT, OR  ITS  SUBSTANTIAL  EQUIVALENT,  IN  PROMINENT  TYPE  "ONLY
 ENROLLED  MEMBERS  OF  A POLITICAL PARTY MAY VOTE IN THAT PARTY'S PRIMA-
 RIES."; AND
   (VI) INCLUDE A STATEMENT THAT IF AN APPLICANT IS A VICTIM OF  DOMESTIC
 VIOLENCE  OR  STALKING,  SUCH  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 CONFIDENTIALITY
 PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE UNDER  SECTION  5-508  OF  THIS
 ARTICLE.
   (E)  FOR  EACH PERSON WHO COMPLETES AN APPLICATION TO REGISTER TO VOTE
 PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, WHO ATTESTS TO THE ELIGI-
 BILITY REQUIREMENTS FOR VOTER REGISTRATION,  AND  AFFIRMATIVELY  SELECTS
 VOTER  REGISTRATION  PURSUANT  TO SUBPARAGRAPH (III) OF PARAGRAPH (D) OF
 THIS SUBDIVISION, THE DEPARTMENT OF MOTOR VEHICLES SHALL  ELECTRONICALLY
 TRANSMIT  TO  THE STATE BOARD OF ELECTIONS THROUGH AN INTERFACE WITH THE
 ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM ESTABLISHED  AND  MAIN-
 TAINED  BY  THE STATE BOARD OF ELECTIONS SUCH PORTION OF THE APPLICATION
 THAT INCLUDES VOTER REGISTRATION INFORMATION.  IF  SUCH  PERSON  IS  NOT
 ALREADY  REGISTERED  TO  VOTE  IN  NEW  YORK  STATE,  THE STATE BOARD OF
 ELECTIONS SHALL ELECTRONICALLY FORWARD SUCH APPLICATION TO THE  APPLICA-
 BLE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK FOR REGIS-
 TRATION  CONSISTENT WITH THIS CHAPTER. THE DEPARTMENT SHALL NOT TRANSMIT
 TO THE STATE BOARD OF ELECTIONS AN APPLICATION FOR  REGISTRATION  FOR  A
 PERSON  WHO  INDICATES  ON  THE  INTEGRATED  PERSONAL VOTER REGISTRATION
 APPLICATION THAT SUCH PERSON DOES NOT MEET THE ELIGIBILITY  REQUIREMENTS
 FOR REGISTRATION.
   (F)  AN  INTEGRATED  VOTER  REGISTRATION  APPLICATION SUBMITTED TO THE
 DEPARTMENT OF MOTOR VEHICLES IN AN ELECTRONIC FORMAT SHALL BE  TRANSMIT-
 TED  TO THE STATE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGIS-
 TRATION TRANSMITTAL SYSTEM AND SHALL INCLUDE ALL OF THE VOTER  REGISTRA-
 TION  DATA  ELEMENTS, INCLUDING ELECTRONIC SIGNATURE, AS APPLICABLE, AND
 RECORD OF ATTESTATION OF THE ACCURACY OF THE VOTER REGISTRATION INFORMA-
 TION AND ANY RELEVANT DOCUMENT IMAGES.
   (G) AN INTEGRATED VOTER REGISTRATION FORM SUBMITTED TO THE  DEPARTMENT
 OF  MOTOR  VEHICLES  IN  PAPER  FORMAT SHALL BE TRANSMITTED TO THE STATE
 BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL
 SYSTEM BY CONVERTING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCU-
 MENT FORMAT FILE WHICH SHALL THEREAFTER BE DEEMED THE ORIGINAL FORM  FOR
 VOTER  REGISTRATION AND ENROLLMENT PURPOSES. THE DEPARTMENT SHALL RETAIN
 THE COMPLETE ORIGINAL PAPER APPLICATION FOR NO LESS THAN TWO YEARS.  THE
 TRANSMITTAL  OF THE CONVERTED PAPER APPLICATION MAY INCLUDE OR BE ACCOM-
 PANIED BY DATA ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED  BY  THE
 RULES AND REGULATIONS OF THE STATE BOARD OF ELECTIONS.
   (H)  THE  DEPARTMENT  SHALL  REDACT OR REMOVE FROM THE COMPLETED INTE-
 GRATED APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY
 INFORMATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
 S. 8752                             7
 
   (I) INFORMATION FROM AN APPLICANT RELEVANT TO BOTH VOTER  REGISTRATION
 AND  THE  DEPARTMENT  APPLICATION SHALL BE ENTERED BY THE APPLICANT ONLY
 ONCE UPON AN ELECTRONIC APPLICATION.
   (J) INFORMATION CONCERNING THE CITIZENSHIP STATUS OF INDIVIDUALS, WHEN
 COLLECTED  AND  TRANSMITTED  PURSUANT  TO THIS SUBDIVISION, SHALL NOT BE
 RETAINED, USED, OR SHARED  FOR  ANY  OTHER  PURPOSE  EXCEPT  AS  MAY  BE
 REQUIRED BY LAW.
   (K)  FOR  EACH  PERSON WHO ATTESTS TO THE ELIGIBILITY REQUIREMENTS FOR
 VOTER REGISTRATION, BUT WHO DOES NOT AFFIRMATIVELY SELECT  VOTER  REGIS-
 TRATION PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (D) OF THIS SUBDIVI-
 SION,  THE DEPARTMENT OF MOTOR VEHICLES SHALL ELECTRONICALLY 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 SUCH PORTION OF THE APPLICATION  THAT  INCLUDES
 VOTER REGISTRATION INFORMATION WITH A CLEAR DESIGNATION THAT SUCH INFOR-
 MATION SHALL BE USED ONLY FOR THE PURPOSE OF UPDATING EXISTING REGISTRA-
 TION RECORDS.
   4. (A) IF INFORMATION IS RECEIVED BY THE STATE BOARD OF ELECTIONS FROM
 THE  DEPARTMENT  OF MOTOR VEHICLES PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
 SION TWO OR PARAGRAPH (E) OR (K) OF SUBDIVISION THREE  OF  THIS  SECTION
 FOR  A PERSON WHO IS ALREADY REGISTERED OR PRE-REGISTERED TO VOTE IN NEW
 YORK STATE, THE STATE BOARD OF ELECTIONS  SHALL  DETERMINE  WHETHER  THE
 INFORMATION  PROVIDED  TO  THE  DEPARTMENT OF MOTOR VEHICLES INDICATES A
 DIFFERENT NAME, RESIDENCE ADDRESS, OR MAILING ADDRESS FROM THAT ON  SUCH
 PERSON'S REGISTRATION RECORD.
   (B) IF INFORMATION PROVIDED TO THE DEPARTMENT OF MOTOR VEHICLES PURSU-
 ANT  TO  PARAGRAPH  (A)  OF  SUBDIVISION  TWO OR PARAGRAPH (E) OR (K) OF
 SUBDIVISION THREE OF THIS SECTION INDICATES A DIFFERENT NAME,  RESIDENCE
 ADDRESS,  OR  MAILING  ADDRESS  FOR A REGISTERED OR PRE-REGISTERED VOTER
 FROM THAT ON SUCH PERSON'S  REGISTRATION  RECORD,  THE  STATE  BOARD  OF
 ELECTIONS  SHALL ELECTRONICALLY TRANSMIT THE UPDATED NAME OR ADDRESS FOR
 SUCH PERSON TO THE APPROPRIATE BOARD  OF  ELECTIONS  FOR  SUCH  PERSON'S
 RESIDENCE.  IF  SUCH  PERSON  HAS  CHANGED  RESIDENCE FROM ONE COUNTY TO
 ANOTHER, THE STATE BOARD OF ELECTIONS SHALL ELECTRONICALLY TRANSMIT SUCH
 INFORMATION TO BOTH THE BOARD OF THE PREVIOUS COUNTY OR  CITY  OF  RESI-
 DENCE AND THE NEW COUNTY OR CITY OF RESIDENCE. THE BOARD OF ELECTIONS IN
 SUCH  PERSON'S  COUNTY  OR  CITY  OF RESIDENCE SHALL USE THE INFORMATION
 TRANSMITTED BY THE BOARD TO UPDATE SUCH PERSON'S EXISTING  VOTER  REGIS-
 TRATION  RECORD,  TRANSFER  THE  PERSON'S  REGISTRATION, IF INACTIVE, TO
 ACTIVE STATUS, AND SEND TO SUCH PERSON'S ADDRESS OF  RECORD  THE  NOTICE
 REQUIRED  UNDER  SUBDIVISION  FIVE OF SECTION 5-208 OF THIS ARTICLE. THE
 BOARD OF ELECTIONS IN ANY PREVIOUS COUNTY OR  CITY  OF  RESIDENCE  SHALL
 UPDATE  SUCH  PERSON'S  VOTER  REGISTRATION  RECORD TO REFLECT THAT SUCH
 PERSON HAS MOVED TO A DIFFERENT COUNTY.
   (C) IF A PERSON RETURNS THE NOTICE REQUIRED  UNDER  PARAGRAPH  (B)  OF
 THIS  SUBDIVISION  AND INDICATES THAT THE CHANGE TO SUCH PERSON'S REGIS-
 TRATION RECORD WAS  IN  ERROR,  THE  APPROPRIATE  BOARDS  OF  ELECTIONS,
 INCLUDING  THE  BOARD OF THE PREVIOUS COUNTY OR CITY OF RESIDENCE, SHALL
 PROMPTLY CORRECT SUCH PERSON'S PREVIOUSLY  UPDATED  INFORMATION  IN  THE
 STATEWIDE VOTER REGISTRATION LIST.
   (D)  ANY APPLICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
 INFORM THE APPLICANT THAT IF SUCH APPLICANT  IS  ALREADY  REGISTERED  OR
 PRE-REGISTERED  TO  VOTE IN NEW YORK STATE, THE NAME, RESIDENCE ADDRESS,
 AND MAILING ADDRESS PROVIDED ON THE APPLICATION SHALL BE USED TO  UPDATE
 SUCH  PERSON'S  REGISTRATION  RECORD  AND THAT SUCH PERSON SHALL RECEIVE
 S. 8752                             8
 
 NOTICE OF ANY UPDATE BY MAIL, ALONG WITH INFORMATION ON HOW  TO  CORRECT
 SUCH UPDATE, IF NEEDED.
   5.  THE  STATE  BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO THE
 DEPARTMENT OF MOTOR VEHICLES WRITTEN INSTRUCTIONS AS TO THE  IMPLEMENTA-
 TION  OF THIS SECTION AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING
 PROGRAMS FOR EMPLOYEES OF  THE  DEPARTMENT  OF  MOTOR  VEHICLES.    SUCH
 INSTRUCTIONS  AND SUCH TRAINING SHALL ENSURE USABILITY OF THE INTEGRATED
 APPLICATION IN SUBDIVISION THREE OF THIS SECTION FOR LOW-ENGLISH  PROFI-
 CIENCY  VOTERS.  THE DEPARTMENT OF MOTOR VEHICLES 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.
   6.  THE  STATE BOARD OF ELECTIONS MAY PROMULGATE RULES AND REGULATIONS
 FOR THE ADMINISTRATION OF THIS SECTION.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  REQUIRE  DOCUMENTARY
 PROOF  OF  CITIZENSHIP  FOR  VOTER REGISTRATION. NOTHING IN THIS SECTION
 SHALL BE CONSTRUED TO AUTHORIZE OR REQUIRE THE DEPARTMENT OF MOTOR VEHI-
 CLES TO REQUEST DOCUMENTATION ESTABLISHING  AN  APPLICANT'S  CITIZENSHIP
 SOLELY FOR THE PURPOSES OF VOTER REGISTRATION.
   8.  THE  STATE BOARD OF ELECTIONS SHALL PUBLICLY RELEASE DATA REPORTS,
 AS DESCRIBED IN THIS SUBDIVISION, ON A MONTHLY BASIS. SUCH DATA  REPORTS
 SHALL  NOT  INCLUDE  ANY  PERSONALLY  IDENTIFYING  INFORMATION, SHALL BE
 SUBCATEGORIZED BY GENDER AND AGE OF THE INDIVIDUALS INCLUDED, AND  SHALL
 INCLUDE ALL OF THE FOLLOWING INFORMATION:
   (A)  THE NUMBER OF INDIVIDUALS REGISTERED TO VOTE OR PRE-REGISTERED TO
 VOTE UNDER THE PROCEDURES IN SUBDIVISION TWO OF THIS SECTION.
   (B) THE NUMBER OF INDIVIDUALS REGISTERED TO VOTE OR PRE-REGISTERED  TO
 VOTE UNDER THE PROCEDURES IN SUBDIVISION THREE OF THIS SECTION.
   (C)  THE NUMBER OF INDIVIDUALS WHO DECLINED VOTER REGISTRATION OR PRE-
 REGISTRATION UNDER THE PROCEDURES IN SUBDIVISION TWO OF THIS SECTION.
   (D) THE NUMBER OF INDIVIDUALS WHO DECLINED VOTER REGISTRATION OR  PRE-
 REGISTRATION UNDER THE PROCEDURES IN SUBDIVISION THREE OF THIS SECTION.
   (E)  THE  NUMBER OF INDIVIDUALS WHOSE VOTER REGISTRATION OR PRE-REGIS-
 TRATION WAS UPDATED PURSUANT TO THE PROCEDURES IN  SUBDIVISION  FOUR  OF
 THIS SECTION.
   §  3.  The  election law is amended by adding a new section 5-901-a to
 read as follows:
   § 5-901-A. PROCEDURES SPECIFIC TO MEDICAID ENROLLMENT. 1.  SUBJECT  TO
 ANY  MODIFICATIONS  NECESSARY TO COMPLY WITH APPLICABLE FEDERAL LAWS AND
 REGULATIONS INCLUDING SUCH MODIFICATIONS UNDER SUBDIVISION TWO  OF  THIS
 SECTION,  THE  DEPARTMENT  OF  HEALTH AND COUNTY AND CITY DEPARTMENTS OF
 SOCIAL SERVICES SHALL  AUTOMATICALLY  AND  ELECTRONICALLY  TRANSMIT  THE
 FOLLOWING  INFORMATION  TO  THE STATE BOARD OF ELECTIONS FOR PURPOSES OF
 VOTER REGISTRATION AND PRE-REGISTRATION FOR EACH PERSON WHO APPLIES  FOR
 OR  RE-ENROLLS IN MEDICAID, WHO IS OF SUFFICIENT AGE TO REGISTER OR PRE-
 REGISTER TO VOTE, AND WHO IS EXTERNALLY  VERIFIED  AS  A  UNITED  STATES
 CITIZEN AS PART OF AN APPLICATION FOR MEDICAID:
   (A) SUCH PERSON'S NAME;
   (B) SUCH PERSON'S DATE OF BIRTH;
   (C) THE LAST FOUR DIGITS OF SUCH PERSON'S SOCIAL SECURITY NUMBER;
   (D)  SUCH PERSON'S RESIDENCE ADDRESS, AND MAILING ADDRESS IF DIFFERENT
 FROM THE RESIDENCE ADDRESS;
   (E) SUCH PERSON'S COUNTY OF RESIDENCE;
   (F) SUCH PERSON'S CITIZENSHIP STATUS;
 S. 8752                             9
 
   (G) AN ELECTRONIC COPY OF SUCH PERSON'S MANUAL  SIGNATURE,  IF  AVAIL-
 ABLE;
   (H)  THE  DATE  OF  SUCH  PERSON'S APPLICATION OR RE-ENROLLMENT TRANS-
 ACTION;
   (I) SUCH PERSON'S GENDER, IF AVAILABLE;
   (J) SUCH PERSON'S TELEPHONE NUMBER, IF AVAILABLE; AND
   (K) SUCH PERSON'S E-MAIL ADDRESS, IF AVAILABLE.
   2. IF NECESSARY TO COMPLY WITH  FEDERAL  LAW,  BEFORE  TRANSMITTING  A
 PERSON'S  INFORMATION  TO  THE  STATE BOARD OF ELECTIONS FOR PURPOSES OF
 VOTER REGISTRATION PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION,  THE
 DEPARTMENT  OF HEALTH AND COUNTY AND CITY DEPARTMENTS OF SOCIAL SERVICES
 OR THEIR DESIGNEES SHALL, WITHIN FIFTEEN DAYS OF SUCH PERSON'S  APPLICA-
 TION OR RE-ENROLLMENT TRANSACTION, NOTIFY BY MAIL SUCH PERSON WHOSE DATA
 IS  SUBJECT  TO TRANSMISSION PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 AND PROVIDE SUCH PERSON AN OPPORTUNITY TO DECLINE  TRANSMISSION.    SUCH
 NOTICE SHALL BE SENT TO SUCH PERSON'S MAILING ADDRESS BY NON-FORWARDABLE
 MAIL,  NOTIFY  SUCH PERSON THAT SUCH PERSON'S INFORMATION WILL BE SHARED
 WITH ELECTION OFFICIALS  FOR  PURPOSES  OF  KEEPING  VOTER  REGISTRATION
 RECORDS  COMPLETE  AND ACCURATE, AND CONTAIN A POSTAGE PAID PREADDRESSED
 RETURN FORM BY WHICH  SUCH  PERSON  MAY  DECLINE  TRANSMISSION  OF  SUCH
 PERSON'S  DATA  TO  THE STATE BOARD OF ELECTIONS. IF SUCH PERSON RETURNS
 SUCH NOTICE WITHIN SEVENTEEN DAYS OF MAILING AND  DECLINES  TRANSMISSION
 OF  SUCH  PERSON'S  INFORMATION,  SUCH PERSON'S INFORMATION SHALL NOT BE
 TRANSMITTED TO THE STATE BOARD OF ELECTIONS FOR PURPOSES OF VOTER REGIS-
 TRATION. IF SUCH PERSON DOES NOT RETURN THE NOTICE PROVIDED  UNDER  THIS
 SUBDIVISION AND DECLINES TRANSMISSION OF SUCH PERSON'S INFORMATION WITH-
 IN  SEVENTEEN DAYS OF MAILING, SUCH PERSON'S INFORMATION SHALL BE TRANS-
 MITTED TO THE STATE BOARD OF ELECTIONS WITHIN THREE DAYS FOR PURPOSES OF
 VOTER REGISTRATION.
   3. IN PROCESSING INFORMATION RECEIVED THE  DEPARTMENT  OF  HEALTH  AND
 COUNTY  AND  CITY DEPARTMENTS OF SOCIAL SERVICES PURSUANT TO SUBDIVISION
 ONE OF THIS  SECTION,  THE  STATE  BOARD  OF  ELECTIONS  AND  BOARDS  OF
 ELECTIONS  FOR EACH COUNTY OR THE CITY OF NEW YORK SHALL COMPLY WITH THE
 REQUIREMENTS ESTABLISHED IN SUBDIVISIONS TWO AND FOUR OF  SECTION  5-901
 OF THIS TITLE.  PROVIDED THAT, A PERSON OF SUFFICIENT AGE TO REGISTER TO
 VOTE WHOSE INFORMATION IS TRANSMITTED TO A COUNTY OR CITY BOARD PURSUANT
 TO  THIS  SECTION  SHALL  BE  REGISTERED  TO VOTE FOR AN ELECTION IF THE
 INFORMATION IS TRANSMITTED TO THE COUNTY OR CITY BOARD BY THE TENTH  DAY
 BEFORE SUCH ELECTION.
   §  4.  Section  5-902 of the election law, as amended by chapter 37 of
 the laws of 2021, is amended to read as follows:
   § 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  OR IS OTHERWISE REGISTERED OR PRE-REGISTERED TO VOTE pursuant to
 this title and such signature exemplar is not otherwise  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, requir-
 ing such voter to submit a signature for  identification  purposes.  The
 voter shall submit to the board of elections a voter registration exemp-
 lar  signature  by  any one of the following methods: in person, by mail
 with return postage paid provided by the board of  elections,  by  elec-
 S. 8752                            10
 
 tronic  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.  The opening paragraphs of subdivisions 1 and 2 of section 5-904
 of the election law, as amended by chapter 37 of the laws of  2021,  are
 amended to read as follows:
   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] TITLE OR WHO IS OTHERWISE REGISTERED OR
 PRE-REGISTERED TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THIS  TITLE,
 and WHO did not willfully and knowingly seek to register or pre-register
 to vote knowing that the person is not eligible to do so:
   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] TITLE OR WHO IS OTHERWISE REGISTERED OR
 PRE-REGISTERED TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THIS  TITLE,
 AND  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  will-
 fully  and  knowingly  seek  to register or pre-register to vote knowing
 that the person is not eligible to do so, and did not subsequently  vote
 or attempt to vote knowing that the person is not eligible to do so:
   §  6.  Subdivisions  1  and 2 of section 5-308 of the election law, as
 amended by chapter 37 of the laws  of  2021,  are  amended  to  read  as
 follows:
   1.  The  board of elections shall, promptly and not later than twenty-
 one days after receipt  of  a  voter  registration  or  pre-registration
 application  submitted 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. 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 "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 SENT PURSUANT TO THIS SUBDIVISION, OR
 TO A NOTICE SENT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (E) OF SUBDI-
 VISION TWO OF SECTION 5-901 OF THIS ARTICLE WITHIN FORTY-FIVE DAYS OF  A
 PERSON'S  REGISTRATION,  THE  BOARD SHALL MAIL A SECOND PARTY ENROLLMENT
 NOTICE AND FORM TO SUCH PERSON.
   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  EITHER  OF  the
 [notice]  NOTICES 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 the voter reaches the age of eligibility.
   § 7. This act shall take effect January 1, 2026.