NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6037
SPONSOR: Goodell TITLE OF BILL:
An act to amend the tax law, the real property tax law and the vehicle
and traffic law, in relation to enacting the "taxpayer voter registra-
tion act"
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to enable individuals to register to
vote when filing their income tax returns, paying their property taxes,
or filing a real estate transfer tax return.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 names the bill the "taxpayer voter registration act."
Section 2 requires all State income tax returns to allow.the.taxpayer to
register to vote by checking a box on the return and providing the rele-
vant registration information.
Section 3 requires that all property tax bills to allow the taxpayer to
register to vote by checking a box on the return and providing the rele-
vant registration information.
Section 4 requires all real estate transfer returns to allow the taxpay-
er to register to vote by- checking a box on the return and- providing
the relevant registration information.
Section 5 requires the tax department to transmit to the state board of
elections and the state board of elections to transmit to the local
boards of election relevant voter registration information, including an
electronic signature if ,available. It also requires the state board of
elections to follow-up with the taxpayer to verify the necessary regis-
tration information.
Section 6 requires the department of motor vehicles to provide an elec-
tronic version of an individual's signature to the state board of
elections upon request.
Section 7 makes the bill effective one year after it becomes law and
authorizes the state board of elections to make necessary regulations to
implement the provisions of this bill.
JUSTIFICATION:
Although the motor-voter provisions have significantly helped increase
the number of registered voters, there is still a need to reach out to
new potential voters. This legislation would enable people to register
to vote every year When they interact with the state department of taxa-
tion and finance, pay their property taxes, or transfer residential real
property.
PRIOR LEGISLATIVE HISTORY:
A.8624 2019/2020 - Held for consideration in Election Law,
A.4896 2021/2022 - Held for. consideration in Election Law
FISCAL IMPLICATIONS:
The department of tax and finance and the state board of elections will
incur additional staff and computer expenses.
EFFECTIVE DATE:
This act shall take effect one year after it becomes law, although the
state board of elections could immediately begin adopting necessary
rules and regulations to implement the provisions of the law.
STATE OF NEW YORK
________________________________________________________________________
6037
2023-2024 Regular Sessions
IN ASSEMBLY
March 31, 2023
___________
Introduced by M. of A. GOODELL, MAHER -- read once and referred to the
Committee on Election Law
AN ACT to amend the tax law, the real property tax law and the vehicle
and traffic law, in relation to enacting the "taxpayer voter registra-
tion act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "taxpayer voter registration act".
3 § 2. The tax law is amended by adding a new section 664 to read as
4 follows:
5 § 664. Voter registration. The commissioner shall require that all
6 income tax returns allow the taxpayer to register to vote by checking a
7 box, to be included on the return, that indicates that the applicant
8 would like to register to vote. Adjacent to such box, there shall be a
9 statement in prominent type, "IF YOU CHECK THIS BOX, YOU SWEAR OR AFFIRM
10 UNDER PENALTIES OF PERJURY THAT (1) YOU ARE A CITIZEN OF THE UNITED
11 STATES, (2) YOU WILL HAVE LIVED IN THE COUNTY, CITY OR VILLAGE LISTED AS
12 YOUR ADDRESS ON YOUR TAX RETURN FOR AT LEAST 30 DAYS BEFORE THE NEXT
13 ELECTION, (3) YOU MEET ALL THE REQUIREMENTS TO REGISTER, AND (4) YOUR
14 SIGNATURE OR MARK IS AFFIXED TO THIS TAX RETURN OR IS ON FILE WITH THE
15 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE OR THE NEW YORK STATE
16 DEPARTMENT OF MOTOR VEHICLES." The income tax returns shall also provide
17 a means for the individual to select a political party affiliation, if
18 so desired by the individual.
19 § 3. The real property tax law is amended by adding a new section 997
20 to read as follows:
21 § 997. Voter registration; general. The taxing entity shall include on
22 all tax bills issued under this chapter a check box, to be included on
23 the bill, that indicates that the applicant would like to register to
24 vote. Adjacent to such box, there shall be a statement in prominent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03484-01-3
A. 6037 2
1 type, "IF YOU CHECK THIS BOX, YOU SWEAR OR AFFIRM UNDER PENALTIES OF
2 PERJURY THAT (1) YOU ARE A CITIZEN OF THE UNITED STATES, (2) YOU WILL
3 HAVE LIVED IN THE COUNTY, CITY OR VILLAGE LISTED AS YOUR ADDRESS ON YOUR
4 TAX RETURN FOR AT LEAST 30 DAYS BEFORE THE NEXT ELECTION, (3) YOU MEET
5 ALL THE REQUIREMENTS TO REGISTER, AND (4) YOUR SIGNATURE OR MARK IS
6 AFFIXED TO THIS TAX RETURN OR IS ON FILE WITH THE NEW YORK STATE DEPART-
7 MENT OF TAXATION AND FINANCE OR THE NEW YORK STATE DEPARTMENT OF MOTOR
8 VEHICLES." The tax bill shall also provide a means for the individual to
9 select a political party affiliation, if so desired by the individual.
10 § 4. The real property tax law is amended by adding a new section
11 997-a to read as follows:
12 § 997-a. Voter registration; change of address. Upon a transfer of
13 residential real property, the real estate transfer return filed with
14 the commissioner and signed by the buyer of such residential real prop-
15 erty shall include a check box, to be included on the form above the
16 signature line with a statement in prominent type, "NOTICE TO GRANTEE:
17 New York State Election Law requires you to reregister to vote if you
18 change your address. By checking this box and signing and returning this
19 form you will apply to vote under the address stated on this form unless
20 you opt-out. If you are not a resident of the United States or New York
21 State, you cannot check this box. By checking this box and signing below
22 you swear or affirm under penalties of perjury that (1) you are a citi-
23 zen of the United States, (2) you will have lived in the county, city or
24 village listed as your address on your tax return for at least 30 days
25 before the next election, (3) you meet all the requirements to register,
26 and (4) your signature or mark is affixed to this tax return or is on
27 file with the New York State Department of Taxation and Finance or the
28 New York State Department of Motor Vehicles. The real estate transfer
29 return shall also provide a means for the individual to select a poli-
30 tical party affiliation, if so desired by the individual."
31 § 5. The tax law is amended by adding a new section 48 to read as
32 follows:
33 § 48. Voter registration. (a) The department shall electronically
34 transmit to the state board of elections, and the state board of
35 elections shall electronically transmit to local boards of election, to
36 the extent such information is available, in a format that can be read
37 by the computerized statewide voter registration list the following
38 information for each person described in section six hundred sixty-four
39 of this chapter and sections nine hundred ninety-seven and nine hundred
40 ninety-seven-a of the real property tax law:
41 (i) whether such person checked the box to indicate a desire to regis-
42 ter to vote;
43 (ii) given name or surname;
44 (iii) mailing address and residential address;
45 (iv) date of birth;
46 (v) evidence of United States citizenship, New York residence, and
47 attestation of eligibility;
48 (vi) an electronic copy of the tax payer's signature; and
49 (vii) political party enrollment, if any.
50 (b) The state or local boards of elections shall:
51 (i) identify all individuals whose information is transmitted by the
52 department pursuant to this section and who are eligible to be, but are
53 not currently, registered to vote in the state; and
54 (ii) promptly send each such individual written notice and shall
55 include:
56 (1) an explanation that voter registration is voluntary;
A. 6037 3
1 (2) a statement offering the individual the opportunity to enroll with
2 a political party or to decline to enroll with a political party, if the
3 individual has not already enrolled with a political party;
4 (3) the voter eligibility requirements and a statement that the indi-
5 vidual must decline registration if they do not meet such requirements;
6 (4) a statement explaining that if the individual applies to register
7 to vote electronically, such individual thereby consents to the use of
8 an electronic copy of the individual's manual signature that is in the
9 custody of the department of motor vehicles, the state board of
10 elections or the local boards of election, as the individual's voter
11 registration exemplar signature if the individual voter's exemplar
12 signature is not provided with the voter registration application;
13 (5) a request for documentation of United States citizenship and New
14 York state residency, as required by law or regulation;
15 (6) penalties for submission of false information for registration to
16 vote; and
17 (7) instructions for correcting erroneous information.
18 (c) The notice required by paragraph (ii) of subdivision (b) of this
19 section shall include a form that offers the individual the opportunity
20 to elect to decline to register to vote and, in a separate section, the
21 opportunity to enroll with a political party or to decline to enroll
22 with a political party if the individual has not already selected a
23 political party affiliation, a list of documents that can be used to
24 establish the United States citizenship and New York residency, and a
25 postage pre-paid envelope to return the form.
26 (d) The state board of elections shall prepare and distribute to the
27 department written instructions as to the implementation of the
28 provisions of this section and shall be responsible for establishing
29 training programs for employees of the department.
30 (e) The agreement between the state board of elections and the depart-
31 ment shall include the format in which information will be transmitted,
32 the frequency of data transmissions, the procedures, and other measures
33 that will be used to ensure the security and privacy of the information
34 transmitted, and any other matter necessary or helpful to implement the
35 requirements of this section.
36 (f) The department shall cooperate with the state board of elections
37 and county boards of elections to facilitate the voter registration of
38 each person described in this section, and to electronically transmit
39 the information needed to register each such person to vote or to update
40 each such person's voter registration record.
41 (g) The department shall enter into an agreement with the state board
42 of elections finalizing the format and content of electronic trans-
43 missions required by this section no later than September first, two
44 thousand twenty-four; provided, that the department shall be able to
45 comply fully with all requirements of this section, including the
46 collection and transmission of all data required to register individuals
47 to vote, by January first, two thousand twenty-five.
48 § 6. The vehicle and traffic law is amended by adding a new section
49 201-a to read as follows:
50 § 201-a. Voter registration. Upon the request of the state board of
51 elections, the commissioner shall release an electronic version of the
52 individual's manual signature that is in the custody of the department
53 as the individual's voter registration exemplar signature for purposes
54 of voter registration pursuant to sections forty-eight and six hundred
55 sixty-four of the tax law and sections nine hundred ninety-seven and
56 nine hundred ninety-seven-a of the real property tax law.
A. 6037 4
1 § 7. This act shall take effect one year after it shall have become a
2 law. Effective immediately, the addition, amendment and/or repeal of
3 any rule or regulation necessary for the implementation of this act on
4 its effective date are authorized to be made and completed on or before
5 such effective date.
