S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6764
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Election Law
 
 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
              

 A. 6764                             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
 A. 6764                             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.