Senate Bill S5021

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5021
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced by Sens. SEPULVEDA, PARKER -- 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 the registration status
   of voters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 17-106 of the election law, as amended by chapter 9
 of the laws of 1978, is amended to read as follows:
   § 17-106. Misconduct of election officers. Any  election  officer  who
 wilfully  refuses  to  accord  to  any duly accredited watcher or to any
 voter or candidate any right given [him] TO  SUCH  ELECTION  OFFICER  by
 this  chapter,  INCLUDING  THE CANCELLATION OF A VOTER'S REGISTRATION IN
 VIOLATION OF SECTION 5-400 OF THIS CHAPTER OR THE REFUSAL  TO  ALLOW  AN
 INDIVIDUAL  TO  VOTE  DUE  TO AN INACTIVE STATUS IN VIOLATION OF SECTION
 5-213 OF THIS CHAPTER, or who wilfully violates  any  provision  of  the
 election  law relative to the registration of electors or to the taking,
 recording, counting, canvassing, tallying or certifying of votes, or who
 wilfully neglects or refuses to perform any duty imposed on  [him]  SUCH
 ELECTION  OFFICER  by law, or is guilty of any fraud in the execution of
 the duties of [his] THEIR office, or connives in any electoral fraud, or
 knowingly permits any such fraud to be practiced, is guilty of a felony.
   § 2. Subdivision 1 of section 5-400 of the election law, as amended by
 chapter 659 of the laws of 1994, paragraph (a) as amended by  chapter  3
 of the laws of 2019, is amended to read as follows:
   1.  A  voter's registration[, including the registration of a voter in
 inactive status,] shall be cancelled if[,]: (A) since the time of  [his]
 SUCH VOTER'S last registration, [he] SUCH VOTER:
   [(a)] (I) Moved [his or her] THEIR residence outside the state[.];
   [(b)]  (II)  Was  convicted of a felony disqualifying [him] SUCH VOTER
 from voting pursuant to the provisions of section 5-106  of  this  arti-
 cle[.];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09712-01-5
              

 S. 5021                             2
 
   [(c)] (III) Has been adjudicated an incompetent[.];
   [(d)] (IV) Refused to take a challenge oath[.];
   [(e)] (V) Has died[.];
   [(f)  Did not vote in any election conducted by the board of elections
 during the period ending with  the  second  general  election  at  which
 candidates  for  federal  office  are  on  the ballot after his name was
 placed in inactive status and for whom the board of elections  did  not,
 during  such period, in any other way, receive any information that such
 voter still resides in the same county or city.
   (g)] (VI) Personally requested to have his name removed from the  list
 of registered voters[.];
   [(h)]  (VII)  For  any other reason, is no longer qualified to vote as
 provided in this chapter[.]; AND
   (B) THE BOARD OF ELECTIONS VERIFIES  THAT  ONE  OF  THE  CIRCUMSTANCES
 PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION HAS OCCURRED.
   § 3. Subdivisions 2 and 3 of section 5-213 of the election law, subdi-
 vision 2 as amended by chapter 200 of the laws of 1996 and subdivision 3
 as  amended  by  chapter 113 of the laws of 2023, are amended to read as
 follows:
   2. The registration poll records of all such voters shall  be  removed
 from the poll ledgers and [maintained at] COMPILED BY the offices of the
 board  of elections [in a file arranged alphabetically by] AND PLACED IN
 AN INACTIVE POLL LEDGER TO BE  DISTRIBUTED  TO  EACH  election  district
 WITHIN  A  COUNTY.    If such board uses computer generated registration
 lists, the names of such voters shall not be placed  on  such  lists  at
 subsequent   elections   other  than  lists  prepared  pursuant  to  the
 provisions of section 5-612 of this article but  shall  be  [kept  as  a
 computer record at the offices of such board] COMPILED BY THE OFFICES OF
 THE  BOARD  OF  ELECTIONS  AND  PLACED  IN AN INACTIVE POLL LEDGER TO BE
 DISTRIBUTED TO EACH ELECTION DISTRICT WITHIN A COUNTY.
   3. The board of elections shall restore the registration of  any  such
 voter  to  active  status  if such voter notifies the board of elections
 that they reside at the address from which they are registered,  or  the
 board finds that such voter has validly signed a designating or nominat-
 ing  petition  which states that they reside at such address, or if such
 voter casts a ballot in an affidavit envelope  which  states  that  they
 reside  at such address, or if the board receives notice that such voter
 has voted in an election  conducted  with  registration  lists  prepared
 pursuant  to  the  provisions of section 5-612 of this article.  IF SUCH
 VOTER CASTS A BALLOT IN AN AFFIDAVIT ENVELOPE AND SUCH BALLOT MEETS  ALL
 OTHER  REQUIREMENTS OF THIS CHAPTER, SUCH VOTER'S NAME SHALL BE RESTORED
 TO ACTIVE STATUS FOR SUCH ELECTION AND SUCH BALLOT SHALL BE COUNTED  FOR
 THE  ELECTION IN WHICH IT WAS CAST. If any such notification or informa-
 tion is received ten days or more before a primary, special  or  general
 election,  the  voter's  name must be restored to active status for such
 election.
   § 4. This act shall take effect immediately.