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A02278 Summary:

BILL NOA02278
 
SAME ASSAME AS S03304
 
SPONSORKavanagh
 
COSPNSRCusick, Rivera, Mosley, Thiele, Gottfried, Jaffee, Fahy, Lupardo, Abinanti, Walker, Rosenthal L, Simon, Sepulveda, Benedetto, Quart, Rozic, Colton, Blake, Brindisi, Hyndman, Harris, Solages, Carroll, Gjonaj, Ortiz, Simotas, De La Rosa, Lifton, Vanel, Jean-Pierre
 
MLTSPNSREnglebright, Glick, Lentol, Mayer, Peoples-Stokes, Titone
 
Amd El L, generally
 
Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
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A02278 Actions:

BILL NOA02278
 
01/17/2017referred to election law
12/15/2017enacting clause stricken
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A02278 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2278
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  M. of A. KAVANAGH, CUSICK, RIVERA, MOSLEY, THIELE, GOTT-
          FRIED, JAFFEE, FAHY,  LUPARDO,  ABINANTI,  WALKER,  ROSENTHAL,  SIMON,
          SEPULVEDA,  BENEDETTO, QUART, ROZIC, COLTON, BLAKE, BRINDISI, HYNDMAN,
          HARRIS, SOLAGES -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT,  GLICK,
          MAYER,  PEOPLES-STOKES  --  read once and referred to the Committee on
          Election Law
 
        AN ACT to amend the election law, in relation  to  enacting  the  "voter
          empowerment act of New York"
 
          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 "voter empowerment act of New York".
     3    §  2.  Section  5-104  of  the election law is amended by adding a new
     4  subdivision 3 to read as follows:
     5    3. The provisions set forth in subdivision one of this section regard-
     6  ing the right of students to register and vote shall be interpreted in a
     7  manner consistent with the constitutional requirement that each  citizen
     8  must  be  permitted to vote in that community which is the "locus of ...
     9  primary concern" to that citizen at the time of the election. According-
    10  ly, a student attending a college or university in this state  shall  be
    11  permitted to retain his or her parental residence for voting purposes if
    12  the  parental  community  remains  the  locus  of  the student's primary
    13  concern or, in the alternative, a student shall be permitted to register
    14  and vote from his or her residence  within  the  college  or  university
    15  community if he or she regards the college or university as the communi-
    16  ty of primary concern.
    17    § 3. The election law is amended by adding a new section 5-200 to read
    18  as follows:
    19    §  5-200.  Automatic  voter registration. 1. Notwithstanding any other
    20  manner of registration required by this  article,  each  person  in  the
    21  state qualified to vote pursuant to section 5-102 of this article, shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03066-01-7

        A. 2278                             2
 
     1  be  automatically  registered  to  vote  as  provided  in  this section,
     2  provided that the person does not elect to decline registration to  vote
     3  at the point of service.
     4    2.  The  state  board  of elections or county board of elections shall
     5  register to vote or update the registration record of any person in  the
     6  state  qualified  to  vote pursuant to section 5-102 of this article who
     7  does not elect to decline registration to vote or update  the  registra-
     8  tion record at the point of service and does any of the following:
     9    (a)  completes  an  application for a new or renewed driver's license,
    10  non-driver  identification  card,  pre-licensing   course   certificate,
    11  learner's permit or certification of supervised driving with the depart-
    12  ment  of  motor  vehicles,  or  notifies such department in writing of a
    13  change of his or her name or address;
    14    (b) completes an application for services, renewal or  recertification
    15  for  services, or change of address relating to such services from agen-
    16  cies designated in section 5-211 of this title;
    17    (c) completes an application for services, renewal or  recertification
    18  for  services,  or  change of address relating to such services from any
    19  municipal housing authority as set forth  in  article  thirteen  of  the
    20  public housing law;
    21    (d)  registers  for classes at institutions of the state university of
    22  New York and the city university of New York;
    23    (e) completes a maximum sentence of imprisonment or is discharged from
    24  parole;
    25    (f) completes an application for unemployment insurance;
    26    (g) becomes a member or employee of the New York division of  military
    27  and naval affairs; or
    28    (h)  completes  an  application with any other state or federal agency
    29  designated as a source agency pursuant to paragraph (b)  of  subdivision
    30  three of this section.
    31    3. (a) The term "source agency" includes the department of motor vehi-
    32  cles, any government agency designated pursuant to section 5-211 of this
    33  title,  the  state university of New York and the city university of New
    34  York, all public housing authorities listed in article thirteen  of  the
    35  public  housing  law, the department of corrections and community super-
    36  vision, the department of labor, the New York division of  military  and
    37  naval  affairs and any agency designated by the state board of elections
    38  pursuant to paragraph (b) of this subdivision.
    39    (b) The state board of elections may designate additional state  agen-
    40  cies to serve as sources for voter registration. In designating an agen-
    41  cy under this paragraph, the state board of elections shall consider:
    42    (i)  the  likelihood  that  source  records  reflect a large number of
    43  eligible citizens;
    44    (ii) the extent to which source records reflect eligible citizens  who
    45  would  not  otherwise  be  registered  under  the act to modernize voter
    46  registration;
    47    (iii) the accuracy of personal identification data in source  records;
    48  and
    49    (iv)  any additional factors designated by the chief election official
    50  as reasonably related to  accomplishing  the  purposes  of  the  act  to
    51  modernize voter registration.
    52    4.  The  state  board of elections and the source agencies shall enter
    53  into agreements to ensure that for each person described in  subdivision
    54  two  of this section, each source agency electronically transmits to the
    55  state or local boards of elections the following information in a format
    56  that can be read by the computerized statewide voter registration list:

        A. 2278                             3
 
     1    (a) given name or names and surname or surnames;
     2    (b) mailing address and residential address;
     3    (c) date of birth;
     4    (d) citizenship;
     5    (e)  driver's  license  or non-driver identification card number, last
     6  four digits of the person's social security number, or a space  for  the
     7  person to indicate that he or she does not have any such number;
     8    (f) political party enrollment, if any;
     9    (g)  an  indication  that  the person intends to apply for an absentee
    10  ballot, if any; and
    11    (h) an image of the person's signature.
    12    In the event that any transmission of data pursuant  to  this  section
    13  fails to include an image of an individual's signature, the absence of a
    14  signature  shall  not  preclude the registration of an eligible citizen.
    15  The board of elections shall develop procedures to  enable  an  eligible
    16  citizen,  whose  information is transmitted pursuant to this section and
    17  whose information lacks an electronic signature, to provide a  signature
    18  at  the  polling  place  or  with  an application for an absentee ballot
    19  before voting. The board may require an elector who has not  provided  a
    20  signature before arriving at the polling place or submitting an absentee
    21  ballot  to present a current and valid photo identification or a copy of
    22  a current utility bill, bank statement, government check,  paycheck,  or
    23  other government document that shows the name and address of the voter.
    24    5.  If an agency does not routinely request information concerning the
    25  citizenship status of individuals, it shall maintain records  sufficient
    26  to transmit to the board of elections indications of United States citi-
    27  zenship  for  each  person described in subdivision two of this section,
    28  but shall not retain, use, or share any such information relating to  an
    29  individual's citizenship for any other purpose.
    30    6.  Each  source  agency  shall  include  for each person described in
    31  subdivision two of this section a statement that  he  or  she  shall  be
    32  registered to vote, if he or she is not already so registered, provided,
    33  however,  that each source agency shall provide each person described in
    34  subdivision two of this section the  opportunity  to  elect  to  decline
    35  registration to vote at the point of service, and upon such election, he
    36  or  she  shall  not  be registered to vote pursuant to the procedures in
    37  this section at that time.
    38    7. The state board  of  elections  shall  prepare  and  distribute  to
    39  participating  agencies written instructions as to the implementation of
    40  the program and shall be responsible for establishing training  programs
    41  for  employees of source agencies listed in this section. Training shall
    42  include requirements that employees of any source agency communicate  to
    43  each  individual  identified in subdivision two of this section that the
    44  source agency maintains strict neutrality with  respect  to  a  person's
    45  party  enrollment  and  all persons seeking voter registration forms and
    46  information shall be advised that government  services  are  not  condi-
    47  tioned  on being registered to vote, or eligibility to register to vote.
    48  No statement shall be made nor any action taken to discourage the appli-
    49  cant from registering to vote.
    50    8. The agreements between the state board of elections and the  source
    51  agencies shall include the format in which information will be transmit-
    52  ted, whether and how each entity will collect, in addition to the manda-
    53  tory  information listed in subdivision four of this section, additional
    54  information on a voluntary basis from persons for the purpose of facili-
    55  tating voter registration, the  frequency  of  data  transmissions,  the
    56  procedures,  and other measures that will be used to ensure the security

        A. 2278                             4
 
     1  and privacy of the information transmitted, and any other matter  neces-
     2  sary or helpful to implement the requirements of this section.
     3    9.  Each  source  agency  shall  cooperate  with  the  state  board of
     4  elections and county board of elections to facilitate the  voter  regis-
     5  tration of each person described in subdivision two of this section, and
     6  to  electronically transmit the information needed to register each such
     7  person to vote or  to  update  each  such  person's  voter  registration
     8  record.
     9    10.  Each  source  agency shall enter into an agreement with the state
    10  board of elections finalizing the format and content of electronic tran-
    11  smissions required by this section no later than  September  first,  two
    12  thousand  eighteen;  provided,  that each source agency shall be able to
    13  comply fully with  all  requirements  of  this  section,  including  the
    14  collection and transmission of all data required to register individuals
    15  to vote, by January first, two thousand nineteen.
    16    § 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
    17  vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
    18  as  added  by  chapter  659  of the laws of 1994, are amended to read as
    19  follows:
    20    1. The board of elections shall transfer the registration and  enroll-
    21  ment  of any voter for whom it receives a notice of change of address to
    22  another address in the [same county or city] state, or for any voter who
    23  [casts] submits a ballot in an  affidavit  ballot  envelope  which  sets
    24  forth such a new address.  Such notices shall include, but not be limit-
    25  ed  to,  notices  received  from any state agency which conducts a voter
    26  registration program pursuant to the provisions of  sections  5-211  and
    27  5-212  of  this  title or which transmit information, that the voter has
    28  notified such agency of a change of address in the [same city or county]
    29  state unless the voter has indicated that such change of address is  not
    30  for  voter  registration purposes, notices of change of address from the
    31  United States Postal Service through  the  National  Change  of  Address
    32  System,  any  notices of a forwarding address on mail sent to a voter by
    33  the board of elections and returned by the postal service,  national  or
    34  state  voter  registration  forms,  confirmation mailing response cards,
    35  United States Postal Service notices  to  correspondents  of  change  of
    36  address,  applications  for registration from persons already registered
    37  [in such county or city], or any other notices to correspondents sent to
    38  the board of elections by such voters.
    39    6. If a notice sent pursuant to [subdivision five of] this section  is
    40  returned [by the postal service] as undeliverable and without a forward-
    41  ing  address,  the  board  of elections shall return the registration of
    42  such voter to the original  address,  send  such  voter  a  confirmation
    43  notice pursuant to the provisions of subdivision one of section 5-712 of
    44  this [title] article and place such voter in inactive status.
    45    §  5.  Subdivision 3 of section 5-208 of the election law, as added by
    46  chapter 659 of the laws of 1994, is amended to read as follows:
    47    3. If such a notice is received at least [twenty] ten  days  before  a
    48  primary,  special  or  general  election, such change of address must be
    49  completed before such election. If such a  notice  is  not  received  at
    50  least  ten  days  before  a primary, special or general election, then a
    51  voter may vote in accordance with subdivision three-d of  section  8-302
    52  of this chapter.
    53    § 6. Subdivision 1 of section 4-117 of the election law, as amended by
    54  chapter 44 of the laws of 2016, is amended to read as follows:
    55    1.  The  board  of elections, between August first and August fifth of
    56  each year, shall send by mail on which is endorsed such language  desig-

        A. 2278                             5
 
     1  nated  by  the  state board of elections to ensure postal authorities do
     2  not forward such mail but return it  to  the  board  of  elections  with
     3  forwarding  information,  when  it  cannot be delivered as addressed and
     4  which  contains  a  request  that any such mail received for persons not
     5  residing at the address be dropped back in the mail, a communication, in
     6  a form approved by the state board of  elections,  to  every  registered
     7  voter  who  has  been  registered  without a change of address since the
     8  beginning of such year, except that the board of elections shall not  be
     9  required  to  send such communications to voters in inactive status. The
    10  communication shall notify the voter of the days and hours of the  ensu-
    11  ing  primary  and  general  elections, the place where he appears by his
    12  registration records to be entitled to vote, the fact  that  voters  who
    13  have  moved  or  will  have  moved from the address where they were last
    14  registered must [re-register or,  that  if  such  move  was  to  another
    15  address  in  the same county or city, that such voter may] either notify
    16  the board of elections of his new address or vote by paper ballot at the
    17  polling place for his new address even if such voter has  not  re-regis-
    18  tered,  or  otherwise  notified  the board of elections of the change of
    19  address. If the location of the polling place for the  voter's  election
    20  district  has  been moved, the communication shall contain the following
    21  legend in bold type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW  VOTE
    22  AT..........".   The communication shall also indicate whether the poll-
    23  ing place is accessible to physically disabled voters, that a voter  who
    24  will  be  out of the city or county on the day of the primary or general
    25  election or a voter who is ill or  physically  disabled  may  obtain  an
    26  absentee ballot, that a physically disabled voter whose polling place is
    27  not  accessible  may request that his registration record be moved to an
    28  election district which has a polling place  which  is  accessible,  the
    29  phone  number  to call for applications to move a registration record or
    30  for absentee ballot applications, the  phone  number  to  call  for  the
    31  location of registration and polling places, the phone number to call to
    32  indicate  that  the  voter  is  willing  to  serve on election day as an
    33  election inspector, poll clerk, interpreter or in other capacities,  the
    34  phone  number to call to obtain an application for registration by mail,
    35  and such other information concerning the elections or  registration  as
    36  the  board  may  include. In lieu of sending such communication to every
    37  registered voter, the board of elections may send a single communication
    38  to a household containing more than one registered voter, provided  that
    39  the  names  of  all  such  voters  appear as part of the address on such
    40  communication.
    41    § 7. Paragraph (a) of subdivision 1 of section 5-400 of  the  election
    42  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    43  as follows:
    44    (a) Moved his or her residence outside the [city or county in which he
    45  is registered] state.
    46    § 8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400  of
    47  the  election  law,  paragraphs  (b)  and (d) as added by section 20 and
    48  paragraph (c) as added and paragraph (d) as relettered by section 22  of
    49  chapter 659 of the laws of 1994, are amended to read as follows:
    50    (b)  A  notice that the registrant has moved to an address outside the
    51  [city or county] state which is signed by the registrant and sent to the
    52  board of elections.
    53    (c) A notice signed by the registrant which states  that  such  regis-
    54  trant  has  moved  to  an address outside the [city or county] state and
    55  that such change of address is for voter registration purposes.

        A. 2278                             6
 
     1    (d) A notice from a board of elections  or  other  voter  registration
     2  officer  or  agency  that  such  person  has  registered to vote from an
     3  address outside [such city or county] the state.
     4    § 9. Subdivision 3 of section 5-210 of the election law, as amended by
     5  chapter 255 of the laws of 2015, is amended to read as follows:
     6    3.  Completed  application  forms,  when  received  by  any  board  of
     7  elections and, with respect to  application  forms  promulgated  by  the
     8  federal  election  commission,  when  received  by  the  state  board of
     9  elections, or showing a dated cancellation mark  of  the  United  States
    10  Postal  Service or contained in an envelope showing such a dated cancel-
    11  lation mark which is not later than the [twenty-fifth] tenth day  before
    12  the  next  ensuing primary, general or special election, and received no
    13  later than the [twentieth] fifth day before such election, or  delivered
    14  in person to such board of elections not later than the tenth day before
    15  a  special  election,  shall  entitle  the  applicant  to  vote  in such
    16  election, if he or she is otherwise qualified, provided,  however,  such
    17  applicant  shall  not vote on a voting machine until his or her identity
    18  is verified. Any board of elections receiving an application form from a
    19  person who does not reside in its jurisdiction but who does reside else-
    20  where in the state of New York, shall forthwith forward such application
    21  form to the proper board of elections. Each  board  of  elections  shall
    22  make  an  entry  on  each  such  form of the date it is received by such
    23  board.
    24    § 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of  the
    25  election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
    26  graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
    27  2008, are amended and a new paragraph (n) is added to read as follows:
    28    (g)  Notice that the applicant must be a citizen of the United States,
    29  is [or will be at least eighteen years old not later than December thir-
    30  ty-first of the calendar year in which he or  she  registers]  at  least
    31  sixteen  years  old when he or she submits an application to register to
    32  vote and a resident of the county or city to which application is made.
    33    (k) The form shall also include space for the  following  information,
    34  which must be contained on the inside of the form after it is folded for
    35  mailing:
    36    (i) A space for the applicant to indicate whether or not he or she has
    37  ever voted or registered to vote before and, if so, the approximate year
    38  in which such applicant last voted or registered and his or her name and
    39  address at the time.
    40    (ii) The name and residence address of the applicant including the zip
    41  code and apartment number, if any.
    42    (iii) The date of birth of the applicant.
    43    (iv) A space for the applicant to indicate his or her driver's license
    44  or  department  of motor vehicles non-driver photo ID number or the last
    45  four digits of his or her social security number or,  if  the  applicant
    46  does  not have either such number, a space for the applicant to indicate
    47  he or she does not have either.
    48    (v) A space for the applicant to indicate whether or not he or she  is
    49  a citizen of the United States and the statement "If you checked "no" in
    50  response to this question, do not complete this form."
    51    (vi) [A space for the applicant to answer the question "Will you be 18
    52  years  of  age  on  or  before  election day?" and the statement "If you
    53  checked "no" in response to this question, do  not  complete  this  form
    54  unless you will be 18 by the end of the year."
    55    (vii)] A statement informing the applicant that if the form is submit-
    56  ted by mail and the applicant is registering for the first time, certain

        A. 2278                             7

     1  information or documents must be submitted with the mail-in registration
     2  form  in  order  to  avoid  additional  identification requirements upon
     3  voting for the first time. Such information and documents are:
     4    (A)  a  driver's  license  or  department of motor vehicles non-driver
     5  photo ID number; or
     6    (B) the last four digits of the individual's social  security  number;
     7  or
     8    (C) a copy of a current and valid photo identification; or
     9    (D)  a  copy  of  a  current  utility bill, bank statement, government
    10  check, paycheck or other government document that  shows  the  name  and
    11  address of the voter.
    12    [(viii)] (vii) The gender of the applicant (optional).
    13    [(ix)]  (viii) A space for the applicant to indicate his or her choice
    14  of party enrollment, with a clear alternative provided for the applicant
    15  to decline to affiliate with any party.
    16    [(x)] (ix) The telephone number of the applicant (optional).
    17    [(xi)] (x) A place for the applicant to execute the  form  on  a  line
    18  which  is  clearly  labeled  "signature  of  applicant"  preceded by the
    19  following specific form of affirmation:
    20    AFFIDAVIT: I swear or affirm that:
    21       * I am a citizen of the United States.
    22       * I will have lived in the county, city, or village for at least 30
    23         days before the election.
    24       * I meet all the requirements to  register  to  vote  in  New  York
    25         State.
    26       * This is my signature or mark on the line below.
    27       * All  the  information  contained  on  this application is true. I
    28         understand that if it is not true I can be convicted and fined up
    29         to $5,000 and/or jailed for up to four years.
    30  which form of affirmation shall be followed by a space for the date  and
    31  the aforementioned line for the applicant's signature.
    32    [(xii)]  (xi)  A  space  for the applicant to register in the New York
    33  state donate life registry for organ and  tissue  donations  established
    34  pursuant to section forty-three hundred ten of the public health law.
    35    (xii) The email address of the applicant (optional).
    36    (n) Agreements adopted pursuant to section 5-200 of this title between
    37  source  agencies  and  the  state  or county boards of elections are not
    38  required to include the collection or transmission  of  the  information
    39  requested  in  paragraph (j) or subparagraph (i), (vii), (ix) or (xi) of
    40  paragraph (k) of this subdivision, and no board of election shall refuse
    41  to register to vote or update the registration record of any  person  in
    42  the state whose information is  transmitted pursuant to section 5-200 of
    43  this  title  for  the  reason that such information does not include the
    44  information requested by  paragraph  (j)  or  subparagraph  (i),  (vii),
    45  (viii), (ix) or (xi) of paragraph (k) of this subdivision.
    46    §  11. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
    47  subdivision 9 as amended by chapter 44 of the laws of 2016 and  subdivi-
    48  sions  11  and  14  as  amended  by chapter 179 of the laws of 2005, are
    49  amended to read as follows:
    50    9. The county board of elections shall, promptly and in any event, not
    51  later than twenty-one days after receipt by it of the application, veri-
    52  fy the identity of the applicant, except  if  such  board  receives  the
    53  application  within  twenty-one  days  of  a special, primary or general
    54  election, the board shall verify the identity of  the  applicant  within
    55  five  days  or before such election, whichever shall be sooner. In order
    56  to do so, the county board of elections shall  utilize  the  information

        A. 2278                             8
 
     1  provided in the application and shall attempt to verify such information
     2  with  the  information  provided  by  the  department of motor vehicles,
     3  social security administration and any other lawful  available  informa-
     4  tion  source.  If  the county board of elections is unable to verify the
     5  identity of the applicant within twenty-one days of the receipt  of  the
     6  application,  it shall immediately take steps to confirm that the infor-
     7  mation provided by the applicant was accurately utilized by such  county
     8  board  of  elections,  was  accurately  verified  with other information
     9  sources and that no data entry error, or other similar  type  of  error,
    10  occurred.  Following completion of the preceding steps, the county board
    11  of elections shall mail (a) a notice of its approval, (b)  a  notice  of
    12  its  approval  which  includes an indication that such board has not yet
    13  been able to verify the identity of the applicant and a request for more
    14  information so that such verification may be completed, or (c) a  notice
    15  of  its rejection of the application to the applicant in a form approved
    16  by the state  board  of  elections.  Notices  of  approval,  notices  of
    17  approval  with  requests  for  more  information or notices of rejection
    18  shall be sent by nonforwardable first class or return postage guaranteed
    19  mail on which is endorsed such language designated by the state board of
    20  elections to ensure postal authorities do  not  forward  such  mail  but
    21  return it to the board of elections with forwarding information, when it
    22  cannot  be  delivered as addressed and which contains a request that any
    23  such mail received for persons not residing at the  address  be  dropped
    24  back  in  the  mail.  The  voter's  registration and enrollment shall be
    25  complete upon receipt of the application by the appropriate county board
    26  of elections. The failure of a county board of elections  to  verify  an
    27  applicant's  identity  shall  not  be  the  basis for the rejection of a
    28  voter's application, provided, however, that such  verification  failure
    29  shall  be  the basis for requiring county board of elections to take the
    30  additional verification steps provided by this chapter. The notice shall
    31  also advise the registrant of the date when his registration and enroll-
    32  ment is effective, of the date and the hours of the next regularly sche-
    33  duled primary or general election in which he will be eligible to  vote,
    34  of  the  location of the polling place of the election district in which
    35  he is or will be a qualified voter, whether such polling place is acces-
    36  sible to physically handicapped voters, an  indication  that  physically
    37  handicapped  voters  or  voters who are ill or voters who will be out of
    38  the city or county on the day of the primary or  general  election,  may
    39  obtain  an  absentee  ballot  and  the phone number to call for absentee
    40  ballot applications, the phone numbers to call for location  of  polling
    41  places,  to  obtain  registration  forms and the phone number to call to
    42  indicate that the voter is willing  to  serve  on  election  day  as  an
    43  inspector,  poll clerk or interpreter. The notice of approval, notice of
    44  approval with request for more information or notice of rejection  shall
    45  also  advise  the applicant to notify the board of elections if there is
    46  any inaccuracy. The form of such mail notification shall  be  prescribed
    47  by the state board of elections and shall contain such other information
    48  and  instructions as it may reasonably require to carry out the purposes
    49  of this section. The request for more information shall inform the voter
    50  that "THE FAILURE TO CONTACT THE BOARD  OF  ELECTIONS  AND  CORRECT  ANY
    51  INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMA-
    52  TION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO
    53  CAST A VOTE ON A VOTING MACHINE." If such notice is returned undelivered
    54  without  a  new address, the board shall forthwith send such applicant a
    55  confirmation notice pursuant to the provisions of section 5-712 of  this
    56  article  and place such applicant in inactive status. The state board of

        A. 2278                             9
 
     1  elections shall prepare uniform notices by this section as provided  for
     2  in subdivision eight of section 3-102 of this chapter.
     3    11. If the county board of elections suspects or believes that for any
     4  reason  the applicant is not entitled to registration and enrollment, it
     5  shall make inquiry in reference thereto. If the board of elections shall
     6  find that the applicant is not qualified to  register  and  enroll,  the
     7  application  shall  be  rejected  and  the  applicant  notified  of such
     8  rejection and the reason therefor, no later than ten days before the day
     9  of the first primary or general election  occurring  at  least  [twenty-
    10  five]  ten  days after the filing of the application, except that if the
    11  application was submitted between twenty-five and ten  days  before  the
    12  day  of  the  first primary or general election, such board shall notify
    13  the applicant at least five days before such election.
    14    14. Notwithstanding the entry by the county board of elections on  the
    15  registration  poll record of the information contained on an application
    16  form prescribed by this section, such entry shall not preclude the coun-
    17  ty board of elections from subsequently rejecting the application if  it
    18  is  not  satisfied that the applicant is entitled to register and enroll
    19  as provided by this section, provided that the applicant is notified  of
    20  such  rejection  and  reasons therefor no later than ten days before the
    21  day of the first primary or general election occurring at  least  [twen-
    22  ty-five] ten days after the filing of such application form, except that
    23  if the application was submitted between twenty-five and ten days before
    24  the day of the first primary or general election, such board shall noti-
    25  fy the applicant at least five days before such election.
    26    §  12.  The  opening  paragraph  and subdivisions 11 and 12 of section
    27  5-211 of the election law, the opening paragraph as amended  by  chapter
    28  265 of the laws of 2013, subdivision 11 as amended by chapter 200 of the
    29  laws  of  1996 and subdivision 12 as added by chapter 659 of the laws of
    30  1994, are amended to read as follows:
    31    Each agency designated as a participating agency under the  provisions
    32  of this section shall implement and administer a program of distribution
    33  of  voter registration forms pursuant to the provisions of this section.
    34  The following offices which provide  public  assistance  and/or  provide
    35  state funded programs primarily engaged in providing services to persons
    36  with  disabilities are hereby designated as voter registration agencies:
    37  designated as the state agencies which provide public assistance are the
    38  office of children and family services,  the  office  of  temporary  and
    39  disability  assistance  and the department of health. Also designated as
    40  public assistance agencies are all agencies  of  local  government  that
    41  provide  such  assistance.  Designated  as  state  agencies that provide
    42  programs primarily engaged in providing services to people with disabil-
    43  ities are the department of labor, office for  the  aging,  division  of
    44  veterans'  affairs,  office  of  mental health, office of vocational and
    45  educational services for individuals with  disabilities,  commission  on
    46  quality of care for the mentally disabled, office [of mental retardation
    47  and]  for  people  with  developmental  disabilities, commission for the
    48  blind, office of alcoholism and substance abuse services, the office  of
    49  the  advocate for the disabled and all offices which administer programs
    50  established or funded by  such  agencies.  Additional  [state]  agencies
    51  designated  as  voter  registration  offices are the department of state
    52  [and], the division of workers' compensation, the  state  university  of
    53  New  York,  the city university of New York, all public housing authori-
    54  ties listed in article thirteen of the public housing law,  the  depart-
    55  ment  of corrections and community supervision and the New York division
    56  of military and naval affairs. Such agencies shall be required to  offer

        A. 2278                            10
 
     1  voter  registration  forms  to and provide for automatic voter registra-
     2  tion, pursuant to section 5-200 of this title, for persons upon  initial
     3  application  for  services,  renewal or recertification for services and
     4  change of address relating to such services. Such agencies shall also be
     5  responsible  for  providing assistance to applicants in completing voter
     6  registration forms, receiving and transmitting the completed application
     7  form from all applicants who wish to have such form transmitted  to  the
     8  appropriate  board  of  elections.  The  state board of elections shall,
     9  together with representatives of the department of defense, develop  and
    10  implement  procedures  for  including  recruitment  offices of the armed
    11  forces of the United States as  voter  registration  offices  when  such
    12  offices  are  so  designated  by federal law. The state board shall also
    13  make request of the United States Immigration and Naturalization Service
    14  to include applications for registration  by  mail  with  any  materials
    15  which  are given to new citizens. [All institutions of the state univer-
    16  sity of New York and the city university of  New  York,  shall,  at  the
    17  beginning  of  the  school year, and again in January of a year in which
    18  the president of the United States is to be elected, provide an applica-
    19  tion for registration to each student in  each  such  institution.]  The
    20  state  board of elections may, by regulation, grant a waiver from any or
    21  all of the requirements of this section to any office or program  of  an
    22  agency,  if  it  determines  that  it is not feasible for such office or
    23  program to administer such requirement.
    24    11. The participating agency shall transmit  [the  completed  applica-
    25  tions  for  registration  and  change  of address forms] all information
    26  collected pursuant to section 5-200 of this  title  to  the  appropriate
    27  board of elections not later than ten days after receipt except that all
    28  such completed applications and forms received by the agency between the
    29  thirtieth  and  twenty-fifth day before an election shall be transmitted
    30  in such manner and at such time as to assure their receipt by such board
    31  of elections not later than the twentieth day before such election.
    32    12. [Completed  application  forms,  when  received]  All  information
    33  collected  pursuant  to  section  5-200 of this title by a participating
    34  agency not later than the  twenty-fifth  day  before  the  next  ensuing
    35  primary,  general  or special election and transmitted by such agency to
    36  the appropriate board of elections so that they  are  received  by  such
    37  board  not later than the twentieth day before such election shall enti-
    38  tle the applicant to vote in such election provided the board determines
    39  that the applicant is otherwise qualified.
    40    § 13. Subdivisions 11 and 12 of section 5-211 of the election law,  as
    41  amended by section twelve of this act, are amended to read as follows:
    42    11.  The participating agency shall transmit all information collected
    43  pursuant to section 5-200 of this title  to  the  appropriate  board  of
    44  elections  not  later  than  ten days after receipt except that all such
    45  completed applications and forms received  by  the  agency  between  the
    46  [thirtieth]  fifteenth  and  [twenty-fifth] tenth day before an election
    47  shall be transmitted in such manner and at such time as to assure  their
    48  receipt  by such board of elections not later than the [twentieth] fifth
    49  day before such election.
    50    12. All information collected pursuant to section 5-200 of this  title
    51  by  a  participating  agency not later than the [twenty-fifth] tenth day
    52  before the next ensuing primary, general or special election and  trans-
    53  mitted by such agency to the appropriate board of elections so that they
    54  are  received  by  such  board  not later than the [twentieth] fifth day
    55  before such election  shall  entitle  the  applicant  to  vote  in  such

        A. 2278                            11
 
     1  election  provided  the board determines that the applicant is otherwise
     2  qualified.
     3    §  14. Subdivision 14 of section 5-211 of the election law, as amended
     4  by chapter 200 of the laws of 1996, is amended and two new  subdivisions
     5  18 and 19 are added to read as follows:
     6    14.  Applications  shall be processed by the board of elections in the
     7  manner prescribed by [section] sections 5-200 and 5-210  of  this  title
     8  or,  if the applicant is already registered to vote from another address
     9  in the county or city, in the manner prescribed by section 5-208 of this
    10  title.   The board shall send the  appropriate  notice  of  approval  or
    11  rejection  as  required by either subdivision nine of such section 5-210
    12  or subdivision five of such section 5-208.
    13    18. All colleges, universities and public school districts located  in
    14  this state shall make voter registration forms available to any students
    15  eligible  to  register  or  pre-register  to vote under paragraph (g) of
    16  subdivision five of section 5-210 of this title in the same  manner  and
    17  subject  to  the  same provisions and rules and regulations as all other
    18  designated agencies under this section; except that a college, universi-
    19  ty or public school district that  is  not  otherwise  designated  as  a
    20  source  agency  pursuant  to  section  5-200  of this title shall not be
    21  required to collect or maintain forms containing a person's  declination
    22  to  register  to vote as required by subdivision ten of this section, or
    23  to conduct a study and report thereon as required by subdivision  seven-
    24  teen of this section.
    25    19.  The state board of elections or, in the city of New York, the New
    26  York city board of elections, shall provide to public colleges,  univer-
    27  sities, and school districts a sufficient quantity of coded voter regis-
    28  tration  applications that identify each such application as originating
    29  from either a public college, university, or school district. The  state
    30  board of elections shall provide for the delivery of such coded applica-
    31  tions by the first day of August of each year to each college, universi-
    32  ty, or school district covered by this chapter, except that the New York
    33  city  board  of  elections  shall provide and deliver such forms to each
    34  participating public university, college, or school district located  in
    35  the  city of New York. Every board of elections scanning voter registra-
    36  tion forms shall capture any designated agency codes thereon and  report
    37  them on a monthly basis to the state board of elections which shall make
    38  such detailed information available to the public.
    39    §  15.  Subdivisions  6  and  7  of section 5-212 of the election law,
    40  subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
    41  sion 7 as added by chapter 659 of the laws of 1994, are amended to  read
    42  as follows:
    43    6.  The  department  of motor vehicles shall transmit [that portion of
    44  the form which constitutes the completed application for registration or
    45  change of address form] all information collected  pursuant  to  section
    46  5-200 of this title to the appropriate board of elections not later than
    47  ten  days  after receipt except that all such completed applications and
    48  forms received by the department between the thirtieth and  twenty-fifth
    49  day  before  an election shall be transmitted in such manner and at such
    50  time as to assure their receipt by such board  of  elections  not  later
    51  than  the  twentieth  day before such election.   All transmittals shall
    52  include original signatures or an electronic image thereof  as  required
    53  by subdivision four of section 5-200 of this title.
    54    7.  [Completed  application  forms received] All information collected
    55  pursuant to section 5-200 of this title by the department of motor vehi-
    56  cles not later than the twenty-fifth day before the next ensuing  prima-

        A. 2278                            12
 
     1  ry,  general  or  special election and transmitted by such department to
     2  the appropriate board of elections so that they are received  not  later
     3  than  the twentieth day before such election shall entitle the applicant
     4  to  vote  in such election provided the board determines that the appli-
     5  cant is otherwise qualified.
     6    § 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
     7  amended by section fifteen of this act, are amended to read as follows:
     8    6.  The  department  of  motor vehicles shall transmit all information
     9  collected pursuant to section 5-200 of this  title  to  the  appropriate
    10  board of elections not later than ten days after receipt except that all
    11  such completed applications and forms received by the department between
    12  the  [thirtieth]  fifteenth  and  [twenty-fifth]  tenth  day  before  an
    13  election shall be transmitted in such manner and  at  such  time  as  to
    14  assure  their  receipt  by  such  board  of elections not later than the
    15  [twentieth] fifth day before such  election.    All  transmittals  shall
    16  include  original  signatures or an electronic image thereof as required
    17  by subdivision four of section 5-200 of this title.
    18    7. All information collected pursuant to section 5-200 of  this  title
    19  by  the  department  of motor vehicles not later than the [twenty-fifth]
    20  tenth day before the next ensuing primary, general or  special  election
    21  and transmitted by such department to the appropriate board of elections
    22  so  that  they  are  received  not  later than the [twentieth] fifth day
    23  before such election  shall  entitle  the  applicant  to  vote  in  such
    24  election  provided  the board determines that the applicant is otherwise
    25  qualified.
    26    § 17. Subdivision 3 of section 5-213 of the election law,  as  amended
    27  by chapter 200 of the laws of 1996, is amended to read as follows:
    28    3.  The  board of elections shall restore the registration of any such
    29  voter to active status if such voter notifies  the  board  of  elections
    30  that he resides at the address from which he is registered, or the board
    31  finds  that  such  voter  has validly signed a designating or nominating
    32  petition which states that he resides at such address, or if such  voter
    33  casts  a ballot in an affidavit envelope which states that he resides at
    34  such address, or if the board receives notice that such voter has  voted
    35  in  an  election  conducted with registration lists prepared pursuant to
    36  the provisions of section 5-612 of this article.  If any such  notifica-
    37  tion  or  information  is  received  [twenty]  ten days or more before a
    38  primary, special or general election, the voter's name must be  restored
    39  to active status for such election.
    40    §  18.  Subdivision 3 of section 5-304 of the election law, as amended
    41  by chapter 90 of the laws of 1991, is amended to read as follows:
    42    3. A change of enrollment received by the board of elections,  showing
    43  a  dated  cancellation  mark  of  the  United  States  Postal Service or
    44  contained in an envelope showing such cancellation mark which is  dated,
    45  not  later  than the twenty-fifth day before the [general election shall
    46  be deposited in a sealed enrollment box, which shall not be opened until
    47  the first Tuesday  following  such  general  election.  Such  change  of
    48  enrollment  shall  be then removed and entered as provided in this arti-
    49  cle] next ensuing primary, general or special election, and received  no
    50  later  than the fifth day before such election or delivered in person to
    51  such county board of elections not later than the  tenth  day  before  a
    52  primary,  general  or  special  election,  shall  be  effective for such
    53  election. Enrollment changes shall be entered as provided in this  arti-
    54  cle  and  shall  be  deemed  to  take effect on the tenth day after such
    55  change of enrollment is received by the board of  elections  or  if  the
    56  change  of  enrollment,  or  the  envelope  containing it, bears a dated

        A. 2278                            13
 
     1  cancellation mark of the United States Postal Service, such change shall
     2  be entered and shall be deemed to take effect on the tenth day after the
     3  date of such mark, whichever is earlier; except that no change will take
     4  effect  sooner  than  the  fifth day after the receipt of such change of
     5  enrollment by the board of elections.
     6    § 19. The opening paragraph of  paragraph  (e)  of  subdivision  3  of
     7  section 8-302 of the election law, as amended by chapter 125 of the laws
     8  of 2011, is amended to read as follows:
     9    Whenever  a  voter  presents  himself  or herself and offers to cast a
    10  ballot, and he or she claims to live in the election district  in  which
    11  he or she seeks to vote but no registration poll record can be found for
    12  him  or her in the poll ledger or his or her name does not appear on the
    13  computer generated registration list or his or her  signature  does  not
    14  appear  next  to his or her name on such computer generated registration
    15  list or his or her registration poll record or  the  computer  generated
    16  registration  list  does not show him or her to be enrolled in the party
    17  in which he or she claims to be enrolled and the voter is not  otherwise
    18  eligible  to cast an affidavit ballot pursuant to subdivision three-d of
    19  this section, a poll clerk or election inspector shall  consult  a  map,
    20  street  finder  or  other  description  of all of the polling places and
    21  election districts  within  the  political  subdivision  in  which  said
    22  election  district  is  located  and  if necessary, contact the board of
    23  elections to obtain the relevant information and advise the voter of the
    24  correct polling place and election district for  the  residence  address
    25  provided  by  the voter to such poll clerk or election inspector. There-
    26  after, such voter shall be permitted to vote in said  election  district
    27  only as hereinafter provided:
    28    §  20.  Section  8-302  of the election law is amended by adding a new
    29  subdivision 3-d to read as follows:
    30    3-d. A person appearing on election day whose name cannot be found  or
    31  whose  information  is  incomplete  or  incorrect on the statewide voter
    32  registration list and who affirms that that he or she interacted with  a
    33  source agency listed in subdivision three of section 5-200 of this chap-
    34  ter  and  consented  to voter registration shall be permitted to cast an
    35  affidavit ballot. Such affidavit ballot shall be counted if at the poll-
    36  ing place, the person presents proof of identity and evidence of  regis-
    37  tering to vote or performing any of the activities specified in subdivi-
    38  sion  two  of section 5-200 of this chapter, and there is no affirmative
    39  proof that the person is ineligible to register  to  vote  or  that  the
    40  person  did  not  register or perform any of the activities specified in
    41  subdivision two of section 5-200 of this chapter.
    42    (a) A person may swear to and subscribe to an affidavit  stating  that
    43  the  person has registered to vote or performed any of the activities in
    44  subdivision two of section 5-200 of this chapter and  consented  to  use
    45  agency  information  for  voter  registration.  That  affidavit shall be
    46  sufficient evidence of registering to vote  or  performing  any  of  the
    47  activities specified in subdivision two of section 5-200 of this chapter
    48  for the purposes of this section.
    49    (b)  A  person without identification may swear to and subscribe to an
    50  affidavit stating that the person did not present documentary  proof  of
    51  identity,  but  that all of the identifying information on the affidavit
    52  ballot envelope is complete and accurate. That affidavit shall be suffi-
    53  cient evidence of identity for the purposes of this section.  Nothing in
    54  this subdivision shall be deemed to override the provisions of  subdivi-
    55  sion two-a of this section governing the requirements for a person whose
    56  name appears in the computer generated registration list with a notation

        A. 2278                            14
 
     1  indicating that the voter's identity was not yet verified as required by
     2  the federal Help America Vote Act.
     3    § 21. Subdivision 11 of section 5-614 of the election law, as added by
     4  chapter 24 of the laws of 2005, is amended to read as follows:
     5    11.  The  state  board  of elections shall establish a statewide voter
     6  [hotline using information available through the statewide voter  regis-
     7  tration  list  for  voters  to  obtain information regarding their voter
     8  registration] registration information system available through a secure
     9  public website accessible  from  the  website  of  the  state  board  of
    10  elections  and  through  a  toll-free telephone number maintained by the
    11  state board of elections. The information system shall:
    12    a. allow any voter:
    13    (i) to review the voter registration information  represented  on  the
    14  statewide voter registration list for that voter;
    15    (ii) to submit a confidential request to correct or update the voter's
    16  voter  registration  information,  which shall be sent to the applicable
    17  county board of elections; and
    18    (iii) to determine the location of the  polling  place  to  which  the
    19  voter is assigned;
    20    b. provide an interface that allows any person:
    21    (i) to determine the location of the polling place associated with any
    22  residential address within the state; and
    23    (ii)  to  determine  whether he or she is represented on the statewide
    24  voter registration list; and
    25    c. provide a secure website interface that allows any eligible citizen
    26  who is not represented on the statewide voter registration list to  view
    27  the notices contained on an application form under section 5-210 of this
    28  article  and  to  confidentially submit, through the interface, the data
    29  collected on such application form to the state board of elections. Upon
    30  receipt of such data, the state board of  elections  shall  forward  the
    31  information  to the local board of elections of the county or city where
    32  the citizen resides. Such data shall be processed as an application form
    33  submitted by mail pursuant to section 5-210 of this article, subject  to
    34  the  requirements of section 303(b) of the Help America Vote Act of 2002
    35  (42 U.S.C. § 15483(b)), except that the absence of a  written  signature
    36  shall  not  render  the application incomplete or otherwise preclude the
    37  registration of an eligible citizen.
    38    For any eligible citizen attempting  to  use  the  system  established
    39  under  this subdivision to submit information that will not be processed
    40  as valid for the proximate election, the system must notify the  citizen
    41  at  the  time of the submission that the update will not take effect for
    42  the proximate election. If the citizen is attempting to use  the  system
    43  established  under this subdivision to correct or update voter registra-
    44  tion information under this section, the system  must  also  notify  the
    45  citizen  that  he  or she may use the election-day procedure provided in
    46  subdivision three-d of section 8-302 of this chapter.
    47    The board of elections shall develop procedures to enable an  eligible
    48  citizen  who  submits  an  application  pursuant to this subdivision and
    49  whose application lacks an electronic signature to provide  a  signature
    50  at  the  polling  place  or  with  an application for an absentee ballot
    51  before voting. The board of elections may require an elector who has not
    52  provided a signature before arriving at the polling place or  submitting
    53  an  absentee  ballot to present a current and valid photo identification
    54  or a copy of a current utility bill, bank statement,  government  check,
    55  paycheck,  or  other government document that shows the name and address
    56  of the voter.

        A. 2278                            15
 
     1    § 22. Subdivision 3 of section 8-510 of the election law,  as  amended
     2  by chapter 43 of the laws of 1988, is amended to read as follows:
     3    3.  The  inspectors  shall place such completed report, and each court
     4  order, if any, directing that a person be permitted to  vote,  and  each
     5  affidavit  completed pursuant to subdivision three-d of section 8-302 of
     6  this article, inside a ledger of registration records or computer gener-
     7  ated registration lists between the front cover, and the first registra-
     8  tion record and then shall close and seal each  ledger  of  registration
     9  records  or computer generated registration lists, affix their signature
    10  to the seal, lock such ledger in the carrying case  furnished  for  that
    11  purpose  and  enclose  the keys in a sealed package or seal such list in
    12  the envelope provided for that purpose.
    13    § 23. The election law is amended by adding a new  section  17-138  to
    14  read as follows:
    15    §  17-138. Discrimination and harassment. No person acting under color
    16  of any provision of law may harass or  discriminate  against  or  assist
    17  others in harassing or discriminating against any person on the basis of
    18  the  information supplied by the person for voter registration purposes,
    19  a person's declination to register to vote or to supply information  for
    20  voter  registration  purposes,  or a person's absence from the statewide
    21  voter registration list except as required to  administer  elections  or
    22  enforce election laws.
    23    §  24.  Subdivision 1 of section 3-220 of the election law, as amended
    24  by chapter 104 of the laws of 2010, is amended to read as follows:
    25    1. All registration  records,  certificates,  lists,  and  inventories
    26  referred to in, or required by, this chapter shall be public records and
    27  open  to  public inspection under the immediate supervision of the board
    28  of elections or its employees and subject to such reasonable regulations
    29  as such board may impose, provided, however, that  no  data  transmitted
    30  pursuant  to  section 5-200 of this chapter shall be considered a public
    31  record open to public inspection solely by reason  of  its  transmission
    32  and  that  the  following  information  shall not be released for public
    33  inspection:
    34    (a) any voter's signature;
    35    (b) the personal residence and contact information of  any  voter  for
    36  whom any provision of law requires confidentiality;
    37    (c)  any  portion of a voter's driver's license number, [department of
    38  motor vehicle] non-driver [photo ID] identification card number,  social
    39  security  number  and facsimile number [shall not be released for public
    40  inspection];
    41    (d) any voter's telephone number; and
    42    (e) any voter's email address.  No such records shall  be  handled  at
    43  any  time  by  any person other than a member of a registration board or
    44  board of inspectors  of  elections  or  board  of  elections  except  as
    45  provided by rules imposed by the board of elections.
    46    § 25. Subdivision 4 of section 3-212 of the election law is amended by
    47  adding two new paragraphs (c) and (d) to read as follows:
    48    (c)  Said annual report, as required by paragraph (a) of this subdivi-
    49  sion, shall also include:
    50    (1) the number of records that have been received, transmitted, trans-
    51  ferred, updated, or corrected pursuant to section 5-200 of this chapter,
    52  by source;
    53    (2) the number of records received under section 5-200 of  this  chap-
    54  ter,  by source, that do not relate to persons identified as eligible to
    55  vote;

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     1    (3) the number of persons who have contacted the board to opt  out  of
     2  voter registration;
     3    (4)  the  number  of voters who submit voter registration forms and/or
     4  requests to update or correct voter registration information  using  the
     5  system described in section 5-614 of this chapter; and
     6    (5)  the  number  of voters who correct voter registration information
     7  using the election-day procedure described  in  section  8-302  of  this
     8  chapter.
     9    (d)  Said annual report, as required by paragraph (a) of this subdivi-
    10  sion, shall exclude  any  information  that  personally  identifies  any
    11  person other than an election official or other government official.
    12    §  26.  Section  17-104  of  the  election  law  is amended to read as
    13  follows:
    14    § 17-104. False registration. 1. Any person who:
    15    [1.] (a) Registers or attempts to register as an elector in more  than
    16  one  election  district  for the same election, or more than once in the
    17  same election district; or,
    18    [2.] (b) Registers or attempts to register as an elector, knowing that
    19  he will not be a qualified voter in the district  at  the  election  for
    20  which such registration is made; or
    21    [3.]  (c)  Registers  or  attempts to register as an elector under any
    22  name but his or her own; or
    23    [4.] (d)  Knowingly  gives  a  false  residence  within  the  election
    24  district when registering as an elector; or
    25    [5.]  (e)  Knowingly permits, aids, assists, abets, procures, commands
    26  or advises another to commit any such act, is guilty of a felony.
    27    2. Notwithstanding any other provision  of  this  chapter,  no  person
    28  shall  be  liable  for an error in the statewide voter registration list
    29  unless such person knowingly and willfully makes a  false  statement  in
    30  order  to  effectuate  or perpetuate voter registration. An error in the
    31  statewide voter registration list shall not constitute a  fraudulent  or
    32  false claim to citizenship.
    33    §  27.  Subdivision 17 of section 3-102 of the election law, as renum-
    34  bered by chapter 23 of the laws of 2005, is  renumbered  subdivision  21
    35  and  four  new  subdivisions  17,  18,  19  and  20 are added to read as
    36  follows:
    37    17. ensure that, upon receipt and verification of a  person's  express
    38  request  to  opt out of voter registration, the person's name and regis-
    39  tration record will not be added to the county or statewide voter regis-
    40  tration lists;
    41    18. ensure that election officials shall not provide the record of any
    42  person who has opted out of voter registration, in whole or in part,  to
    43  any  third  party  for  any purpose other than the compilation of a jury
    44  list;
    45    19. publish and enforce a privacy and security policy specifying  each
    46  class  of  users who shall have authorized access to the statewide voter
    47  registration list, preventing unauthorized access to the statewide voter
    48  registration list and to any list provided by a source  agency  or  list
    49  maintenance  source,  and  setting forth other safeguards to protect the
    50  privacy and security of the information on the statewide voter registra-
    51  tion list;
    52    20. promulgate rules regarding the notification of voters of  transfer
    53  of address by electronic mail; and
    54    §  28. This act shall take effect immediately; provided, however, that
    55  sections two, three, four, six, seven,  eight,  ten,  twelve,  fourteen,
    56  fifteen,  nineteen,  twenty, twenty-one, twenty-two, and twenty-three of

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     1  this act shall take  effect  January  1,  2018;  provided  further  that
     2  sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
     3  of this act shall take effect January 1, 2019.   Effective  immediately,
     4  any  rules,  regulations  and  agreements  necessary  to  implement  the
     5  provisions of this act on its effective date are authorized and directed
     6  to be completed on or before such date.
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