S T A T E O F N E W Y O R K
________________________________________________________________________
1927
2025-2026 Regular Sessions
I N A S S E M B L Y
January 14, 2025
___________
Introduced by M. of A. SLATER, BEEPHAN, BENDETT, McDONOUGH -- read once
and referred to the Committee on Election Law
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05015-01-5
A. 1927 2
(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].
(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.