•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

A05312 Summary:

BILL NOA05312
 
SAME ASNo Same As
 
SPONSORCusick
 
COSPNSRKavanagh, Walker, O'Donnell, Abinanti, Galef, Buchwald, Lifton, Zebrowski, Carroll, Lupardo, Skartados, Seawright, Blake, Paulin, Bronson, Jaffee, Rozic, Steck, Mosley, Simon, Gottfried, Otis, Hyndman, Gjonaj, Ortiz, Pichardo, Sepulveda, De La Rosa, Quart, Harris, Jean-Pierre, Vanel
 
MLTSPNSRLentol, Titone
 
Amd El L, generally; amd 75, add 510, Cor L; amd 42, Pub Off L
 
Establishes the New York votes act; relates to automatic voter registration, pre-registration, transfer of registration, access to voter registration records and moving deadlines (Part A); polling place registration (Part B); qualified voter absentee (Part C); completing and filing watcher certifications, challenges of voter qualifications (Part D); qualified absentee voters (Part E); the completing and filing watcher certificates and the form and manner of challenges of voter qualifications (Part F); mandatory core curriculum and language access (Part G); early voting (Part H); voting by convicted felons (Part I); voting and disasters (Part J); primary elections and deadlines for military ballots; and filling of vacancies (Part K); and reimbursement of counties and the city of New York of certain additional costs associated with implementation and administration of the New York votes act (Part L).
Go to top    

A05312 Actions:

BILL NOA05312
 
02/08/2017referred to election law
Go to top

A05312 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5312
 
SPONSOR: Cusick
  TITLE OF BILL: An act to amend the election law, in relation to establishing an electronic registration process integrated within desig- nated agency applications (Part A); to amend the election law, in relation to establishing an electronic personal voter registration and absentee ballot application process (Part B); to amend the election law, in relation to student voting, transfer of registrations, affidavit ballots, moving deadlines and access to records (Part C); to amend the election law, in relation to allowing for polling place voter registra- tion for any qualified person who is not registered to vote (Part D); to amend the election law, in relation to qualified absentee voters and to repeal certain provisions of such law relating thereto (Part E); to amend the election law, in relation to completing and filing watcher certificates and the form and manner of challenges of voter qualifica- tions (Part F); to amend the election law, in relation to mandatory core curriculum and language access; and to amend the election law, in relation to mandatory training curriculum for election commissioners, key staff of boards of elections and poll workers (Part G); to amend the election law, in relation to early voting (Part H); to amend the election law and the correction law, in relation to voting by convicted felons (Part I); to amend the election law, in relation to additional days of voting as a result of emergencies (Part J); to amend the election law, in relation to primary elections and amending certain deadlines to facilitate the timely transmission of ballots to military voters stationed overseas and in relation to date of primary elections; and to amend the public officers law, in relation to filling vacancies in elective offices (Part K); and to amend the election law, in relation to the reimbursement to counties and the city of New York of certain additional costs associated with implementation and administration of the New York votes act (Part L)   PURPOSE: The purpose of the New York Votes Act is to enhance the ability of every qualified New Yorker to exercise his or her fundamental right to vote by removing archaic and unnecessary barriers to the elective franchise, and by streamlining, modernizing and simplifying the systems currently in place for voter registration and for casting a ballot both on the date of, and prior to, an election.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 describes the structure of the Act as being comprised of twelve separate parts, each with its own effective date, as well as a general effective date as set forth in section four of the Act. Section 2 establishes the title of the Act as the "New York Votes Act." PART A Section 1 of Part "A" adds a new Title 9 ("Automatic Electronic Voter Registration Process") to Article 5 of the Election Law as follows: Section 5-900 requires that designated agencies ensure that agency applications incorporate a voter registration application such that by completing the agency application, the applicant is also completing a voter registration. The voter shall be able to decline to register by checking a box on the agency application. The requisite voter informa- tion, including an electronic signature, as applicable, and the relevant document images shall be transmitted to the State Board of Elections ("NYS BOE") which shall then forward to the applicable local board of elections for verification and processing. Any agency information that is not relevant for voter registration purposes shall be redacted. Designated agencies are those identified in sections 5-211 and 5-212 of the Election Law and any other agency designated by NYS BOE. Section 5-902 provides that any person whose voter registration is canceled pursuant to Election Law section 5-106 ("Qualifications of voters; reasons for exclusion") and who is entitled to have his or her voting rights restored, shall be automatically reinstated as a voter unless such voter affirmatively declines reinstatement. Section 5-902 also requires DOCCS to notify the board of elections, through the elec- tronic voter registration transmittal system established by Part "B" of this Act, when the forfeiture of voting rights shall end and provide an updated address for such person. Section 5-904 provides that the failure to provide an exemplar signature shall not prevent registration and the voter shall be provided a form to submit such signature or the voter's identity may be verified upon appearing to vote pursuant to section 8-302 of the Election Law. Section 5-906 provides that anyone inadvertently registered to vote pursuant to section 5-902 shall be afforded a rebuttable presumption of innocence of false registration or illegal voting. Section 5-908 provides that NYS BOE shall promulgate rules and regu- lations and approve all agency forms and notices required by this title. Section 2 is the effective date, which provides that the Part "A" shall take effect on the earlier to occur of the following: (a) two years after it shall have become a law, provided that NYS BOE is immediately authorized to implement necessary rules and regulations and take steps required to implement the bill; or (b) five days after NYS BOE certifies that the "information technology infrastructure to substantially imple- ment" the bill is functional. PART B Section 1 of Part "B" adds a new title 8 ("Electronic Personal Voter Registration and Absentee Ballot Application Process") to article 5 of the Election Law as follows: Section 5-800 provides for the establishment of an electronic voter registration system through which voters may register to vote online. Section 5-802 provides for an online voter registration application that includes all of the voter registration information required by section 5-210 of the Election Law, including a signature or the option of an electronic signature if necessary. Section 5-803 provides that, as part of or in addition to the electronic voter registration system established pursuant to Election Law section 5-800, NYS BOE shall provide a means by which qualified voters can access, complete and submit an online application for an absentee ballot. Section 5-804 provides that the failure to provide an exemplar signature shall not prevent registration and the voter shall be provided a form to submit such signature or the voter's identity may be verified upon appearing to vote pursuant to section 8-302 of the Election Law. Section 2 is the effective date, which provides that the Part shall take effect on the earlier to occur of the following: (a) two years after it shall have become a law, provided that NYS BOE is immediately authorized to implement necessary rules and regulations and take steps required to implement the bill; or (b) five days after NYS BOE certifies that the "information technology infrastructure to substantially implement" the bill is functional. PART C Section 1 of Part "C" amends section 5-104 of the Election Law to clari- fy that a student attending a college or university in NYS shall be permitted to retain his or her parental residence for voting purposes if the parental community remains the locus of the student's primary concern, or, in the alternative, may register and vote from his or her residence in the college or university community if the student regards the college or university as the community of primary concern. Section 2 amends subdivisions 1 and 6 of section 5-208 of the Election Law to require a local board of elections to transfer the voter regis- tration and enrollment of any voter for whom it receives notice of a voter's change of address to another address within New York State. (Current law requires such transfer only where the new address is in the same county or city.) Section 3 amends subdivision 3 of section 5-208 of the Election Law to allow voters who change their address to notify the board of elections up to 10 days (current law allows up to 20 days) prior to an election, and provides voters with the ability to vote in accordance with subdivi- sion three of section 8-302 if they fail to provide notice of an address change within the 10-day time frame. Section 4 amends section 4-117(1) of the Election Law to provide that a "mail check card" be mailed by the local board of elections between 65 and 70 days before a primary election to notify active registered voters of the days and hours of primary and general elections, polling places, other information informing voters of residency issues regarding voting, information regarding the accessibility of polling places and other information useful to voters interested in participating on Election Day. Sections 4 through 6 amend Election Law sections 4-117(1), 5-400(1)(a) and 5-400(2)(b), (2)(c) and (2)(d) to make conforming changes regarding the transfer of voter registration and enrollment required under section 2 of this Part. Section 7 amends subdivision 3 of section 5-210 of the Election Law to change the date by which a voter registration application, when sent by mail, must be postmarked from 25 days before the election to 10 days before the election, and to change the date by which the board of elections must have received such mailed application from 20 days before the election to 5 days before the election. Section 8 amends section 5-211 of the Election Law to add SUNY, CUNY, all public housing authorities listed in Article 13 of the Public Hous- ing Law, the Department of Corrections. and Community Supervision and the Division of Military and Naval Affairs to the list of entities designated as voter registration offices. Section 9 amends subdivision 3 of section 5-213 of the Election Law to change, from 20 days before an election to 10 days before an election, the date by which a board of elections, in order to restore to active status for that election the inactive registration status of a voter, receives notice that the voter actually resides at the address from which he or she is registered. Section 10 amends subdivision 3 of section 5-304 of the Election Law to allow already registered voters to change their party enrollment up to 120 days before the next ensuing election. The bill further amends such subdivision 3 to provide that enrollment changes shall be deemed to take effect on the 5th day after the change of enrollment is received by the board of elections or 10 days after the date such change (if by mail) is postmarked, whichever is earlier, except that no change shall take effect sooner than the 5th day after receipt of such change by the board of elections. Under existing law, a currently registered voter who seeks to change his or her party or newly enroll in a party in anticipation of a primary election must do so at least 25 days prior to the general election in the year prior to that primary. Section 11 amends the opening paragraph of paragraph (e) of subdivision 3 of section 8-302 of the Election Law to make a conforming change by adding a reference to subdivision 3-d of that section as newly added by section 14 this Part. Section 12 adds a new subdivision 3-d to section 8-302 of the Election Law to provide a mechanism for voting by affidavit ballot for prospec- tive voters whose names do not appear in poll ledger or computer gener- ated registration lists and who affirm that they interacted with an agency or entity designated in subdivision 10 of Election Law section 5-900 as added by this Act and consented to voter registration. Section 13 amends subdivision 3 of section 8-510 of the Election Law to include certain challenge and watcher affidavits, as well as affidavits completed pursuant to newly added subdivision 3-d of Election Law section 8-302, among the documents required to be sealed in a ledger by election inspectors. Section 14 amends subdivision 1 of section 3-220 of the Election Law to create confidentiality protections for certain personal information transmitted pursuant to Title 9 ("Automatic Electronic Voter Registra- tion Process") of article 5 of the Election Law as added by Part "A" of this Act. Section 15 amends subdivisions 9, 11 and 14 of section 5-210 of the Election Law to: (a) require the board of elections to verify the iden- tity of an applicant for voter registration on an expedited basis (with- in 5 days of receipt or before the election, whichever is earlier) where it receives the application within 21 days of an election; and (b) change the time periods within which a voter registration applicant must be notified of the board of elections' rejection of his or her applica- tion. Section 16 sets forth the effective date. PART D Section 1 of Part "D" adds a new subdivision 1-a to section 5-210 of the Election Law to provide for polling place (i.e., "same-day") voter registration for any qualified person who is not registered to vote and to require the board of elections to establish a procedure for such registration. Section 2 sets forth the effective date, which provides that this Part shall take effect on the first day of January next succeeding the date upon which the people shall approve and ratify amendments to section 5 of article 2 of the NYS Constitution by a majority of the electors voting thereon relating to the ten-day advance registration requirement. PART E Section 1 of Part "E" amends subdivisions 1 and 2 of section 8-400 of the Election Law to provide for "no excuse" absentee voting, and adds a cross reference to section 5-803 of the Election Law, as added by Part "B" of this Act, relating to the online completion and submission of absentee ballot applications. Section 2 repeals paragraphs (c) and (d) of subdivision 3 of section 8-400 of the Election Law, and also repeals subdivision 4 of that section. These repealed subdivisions relate to existing limitations on eligibility for absentee voting that would effectively be repealed by section one of this Part. Section 3 is the effective date, which provides that this Part shall take effect on the first day of January next succeeding the date upon which the people shall approve and ratify amendments to section 2 of article 2 of the NYS Constitution by a majority of the electors voting thereon relating to absentee voting. PART F Section 1 of Part "F" adds a new subdivision 4 to section 4-117 of the Election Law to provide that any person, other than an election officer, who mails or causes to be mailed, between August 1St and December 31st of any calendar year, any first class nonforwardable mail, where such person knows or reasonably should know that such nonforwardable mail: (a) is intended to be delivered to a registered voter; and (b) may be used by a challenger, other than an election officer, on election day to challenge the qualifications of a voter, shall file with the board of elections within 2 business days a duplicate copy of the nonforwardable mail, a duplicate copy of the names and addresses to which such mail was sent and a completed form as prescribed the board of elections. Failure to comply with the requirements of this newly added subdivision is made punishable as a misdemeanor. Section 2 amends subdivision 1-a of section 8-104 of the Election Law to add to the information required to be included on a "voter information posting" posted by election inspectors in the polling place before the polls open, information about the requirements for a challenge to a voter on election day pursuant to section 8-502 of the Election Law. Section 3 amends section 8-500 of the Election Law to require NYS BOE to prescribe the form and contents of a poll watcher certificate form, and to require that a completed poll watcher certificate be delivered by each watcher, upon entering the polling place, to the chairperson of the election inspectors at the applicable polling site. Section 4 amends section 8-502 of the Election Law to require any person, other than an election inspector, who challenges the qualifica- tions of a voter to complete, execute and deliver to the board of inspectors a challenge affidavit that satisfies the requirements of section 8-503 of the Election Law, as newly added by section 5 of this Part. Section 5 adds a new section 8-503 to the Election Law to: (a) require NYS BOE to prescribe the form and content of an election day challenge affidavit for use at any election and make the forms available to all qualified voters, and (b) establish the procedures to be followed by a person completing a challenge affidavit and by the election inspector administering the oath/affirmation required by that section. Section 6 amends 8-508 of the Election Law to require the challenge report to include, in addition to the name and address of the voter challenged, the name and address of the person who. challenged such voter, if such person is not an election inspector. Section 7 amends section 17-108 of the Election Law to add watcher certificates, challenge reports and challenge affidavits to the list of items in that section that, if willfully lost, altered, destroyed or mutilated by any person, constitutes a misdemeanor. Section 8 amends Election Law section 17-150 ("Duress and intimidation of voters") to create a rebuttable presumption that a person is guilty of intimidating voters under that section when such person, being other than an election inspector or clerk: (a) challenges the qualifications of 30 or more voters during an election, and where the board of elections, following an investigation, finds at least two-thirds of such challenged voters to be qualified voters; or (b) challenges the quali- fications of a voter at any election and, without good cause, fails to comply with the requirements of Election Law section 8-503, as added by section 5 of this Part. Section 9 amends Election Law section 17-154 ("Pernicious political activities") to apply to the voting-related offenses under that section the same rebuttable presumption referenced in section 8 of this Part. Section 10 sets forth the effective date. Part G Section 1 of Part "G" amends subdivision 1-a of section 3-412 of the Election Law: (a) to expand NYS BOE's mandatory core curriculum for poll worker training to include specific training in the proper operation of voting systems used in the election; procedures for expeditiously providing directions to voters about their assigned election district; ensuring polling sites are accessible to voters with disabilities or other specific needs; providing accommodation to persons who are illit- erate; the requirements for conducting signature verification of voters; the requirements for individuals seeking to challenge voter eligibility and the process for handling any such challenges; and security proce- dures for the election; and (b) to require local boards of election to develop and implement procedures to assist in the recruiting of new poll workers, including by focusing on recruitment of recent high school graduates, students attending orientation proceedings at state and public colleges and universities and newly naturalized citizens at naturalization proceedings. Section 2 adds a new section 3-213 to the Election Law to require election commissioners and board of elections employees to complete mandatory training within six months of appointment, and continuing education annually, with the curriculum to be established by the NYS BOE. Section 3 amends section 3-412 of the Election Law to require NYS BOE to establish and host an education and training institute to develop a curriculum for certified poll worker training and trainthe-trainer programs. The curriculum shall include a curriculum relating to a diverse electorate, professional delivery of services, providing assist- ance to voters with disabilities and limited English proficiency, use of all voting systems and shall utilize industry proven training tech- niques. Section 4 adds a new section 3-507 to the Election Law to require any county board of elections that finds that at least 3% of the voting-age residents of an election district in that county are non-English speak- ing or limited English proficient pursuant to U.S. Census Bureau data, to provide, in such election district, registration forms and notices and other materials relating to the electoral process, including ballots, in the language of the applicable minority language group. Section 5 sets forth the effective date. Part H Section 1 of Part "H" amends Section 3-400 of the Election Law by adding a new subdivision 9 to clarify the manner in which election inspectors and poll clerks are to be appointed for polling places for early voting, and setting a standard for wait times for early voting not to exceed 30 minutes. Section 2 amends section 4-117 of the Election Law by adding a new subdivision 1-a to require the board of elections to notify voters annu- ally of the days, hours; and locations of polling places for early voting. The board of elections may satisfy this requirement by providing instructions in the notice regarding how to get the information via the internet or by phone. Section 3 amends subdivision 2 of section 8-100 of the Election Law to establish statewide liniformity in poll hours for primary elections by requiring that polls for a primary election held anywhere in the State open at 6 a.m. and close at 9 p.m., and to state that early voting hours shall be as set forth in Election Law section 8-600. Section 4 amends subdivision 1 of section 8-102 of the Election Law by adding a new paragraph (k) to apply the provisions of article 8 of the election law to early voting, except for certain provisions related to tabulation and proclamation of results. Section 5 amends section 8-104 of the Election Law by adding a new subdivision 7 to note that section 8-104 applies on early voting days. Section 6 amends article 8 of the Election Law by adding a new title 6, with new sections 8-600 and 8-602, setting out the process for early voting as follows: Subdivision 1 of section 8-600 of the new title 6 specifies that early voting begins on the 14th day prior to any general, primary or special election and ends and includes the second day prior (i.e., on the Sunday before a Tuesday election day). The subdivision also requires boards of elections to establish procedures to ensure that persons who vote during the early voting period aren't permitted to vote subsequently in the same election. Subdivision 2 of section 8-600 specifies in paragraphs (a), (b), and (c) the number of required polling places for early voting. The required number depends on the number of registered voters in each county, with one polling place for each full increment of 50,000 registered voters, but no fewer than one and no more than seven sites required in each county. Counties would be able to add more at their discretion. Para- graph (c) of the subdivision requires locations to be chosen to give all eligible voters adequate, equitable access to early voting, to the extent practicable, and specifies certain factors to be considered in location decisions. Paragraph (c) also applies the provisions of section 4-104 of the Election Law to the designation of polling places for early voting; these are the existing requirements for siting polling places for election day voting. Subdivision 3 of section 8-600 requires that all voters should generally be able to vote at any polling place for early voting in their county, but allows for an exception if this would be impractical. Subdivision 4 of section 8-600 sets requirements for hours early voting must be available in each county, with substantial flexibility for the counties. Polls would be open for early voting for at least 8 hours between 6:00 a.m. and 9:00 p.m. on weekdays, provided that one site at which all eligible voters may vote shall remain open until at least 9:00 p.m. on at least two weekdays in each calendar week of the early voting period, and for at least 5 hours between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays, and legal holidays during the early voting period. Counties would have the option of providing additional hours as well. They would be required to designate the standard hours of operation for early voting by May 1st each year; this is the day boards of elections must designate polling places for the coming year under existing law. Subdivision 5 of section 8-600 requires each board of elections to create a communication plan to inform eligible voters of the opportunity to vote early. Subdivision 6 of section 8-600 applies existing requirements for paper ballots to those to be used for early voting. Subdivision 7 of section 8-600 applies existing requirements related to voter challenges to early voting. Subdivisions 8, 9, 10 and 11 of section 8-600 set out provisions for handling ballots and scanners at the end of each day of early voting and after the polls close on election day. Generally, the new subdivisions apply the same process for canvassing, tabulating, and announcing results that already apply on election day, with some minor adjustments to reflect that fact that early voting occurs over multiple days. No results for early voting would be tabulated before the polls close on election day. Section 8-602 of the new title 6 sets forth certain powers and duties of NYS BOE to make rules regarding early voting. Section 7 sets forth the effective date. Part I Section 1 of Part "I" amends subdivision two of section 5-106 of the Election Law by restoring voting rights to persons who have been released to community supervision (e.g., parole or post-release super- vision) from incarceration as the result of a state felony conviction, so that these individuals can exercise the civic responsibility of voting. Section 2 amends subdivision three of section 5-106 of the Election Law to restore voting rights to individuals with federal felony convictions who have been released to community supervision. Section 3 amends subdivision four of section 5-106 of the Election Law to restore voting rights to individuals with felony convictions in other states who have been released to community supervision. Section 4 amends section 75 of the Correction Law to require the Depart- ment of Corrections and Community Supervision to notify individuals being released from state correctional facilities of their right to vote and to provide such individuals with voter registration forms. Section 5 amends Article 20 of the Correction Law by adding a new section 510 that requires the chief administrative officer of a local correctional facility to notify individuals with felony convictions of their right to vote upon release and to make voter registration forms available to such individuals. Section 6 requires the NYS Department of Corrections and Community Supervision to notify all individuals under community supervision on the effective date of this Act of their right to vote and to provide voter registration forms to such individuals. Section 7 sets forth the effective date. Part J Section 1 of Part "J" amends section 3-108 of the Election Law to: (1) allow for an additional day of voting during a state of emergency in which it is determined that the ability of voters to vote has become or will imminently become impossible and cannot be mitigated in time for the scheduled voting; and (2) clarify and facilitate decision-making by boards of elections during an emergency and/or a declaration of a state of emergency as well as communication to voters and participants of a caucus when time is of the essence to protect voters' safety and enable them to vote when the emergency event is over. Section 2 sets forth the effective date. Part K Section 1 of Part "K" amends section 1-106(1) of the Election Law to provide that all certificates and petitions of designation, certificates of acceptance or declination of such designations, certificates of authorization for such designations, certificates of disqualification, certificates of substitution for such designations and objections and specifications of objections to such certificates and petitions required to be filed with the state board of elections or a board of elections outside of the City of New York shall be deemed timely filed and accepted for filing if sent by mail or overnight delivery service (allowed by subdivision 3 of this section) in an envelope postmarked or showing receipt by the overnight delivery service prior to midnight of the last day of filing, and received no later than two business days after the last day to file such certificates, petitions, objections or specifications. Section 2 amends section 4-104(1) of the Election Law to specify that polling places must be designated by March 15th each year which is a month and a half earlier than the current May 1st deadline. Section 3 amends section 4-106(1) and (2) of the Election Law to set February 1st in each year as the deadline for NYS BOE to transmit to each county a certificate stating each state and federal office to be voted upon in such general election. Section 3 further sets February 1 as the date that county boards of election must transmit a certificate containing complimentary information for local offices to NYS BOE. Section 4 amends section 4-108(1)(b) of the Election Law to provide that the certified text of any proposal, proposition, or referendum that is to be submitted to a vote of the people of a county, city, town, village, or special district at an election to be conducted by the board of elections shall be submitted to such board by the clerk of such poli- tical subdivision three months prior to the general election at which such proposal is to be voted upon. Section 5 amends section 4-110 of the Election Law to provide that NYS BOE shall certify to each county board of elections 55 days before a primary election or presidential primary the name, residence, title of office, name of party, and ballot order of each candidate to be voted for, within such county, who have filed a designation with NYS BOE. Section 6 amends section 4-112(1) of the Election Law to provide that NYS BOE shall certify to each county board of elections 55 days before a general election the name and residence of each candidate nominated via certificate filed with the state board or primary election canvassed by the state board, the title of office, name of party, the party emblem, as well as a notation as to whether any litigation is pending. Section 7 amends section 4-114 of the Election Law to provide that coun- ty boards of election shall determine the candidates duly nominated for public office and the questions that shall appear on the ballot within the jurisdiction of that board of election not later than 54 days before a primary or general election. Section 8 amends section 5-604(1) of the Election Law to provide that local boards of election shall publish updated enrollment lists before February 1 each year. Section 9 amends section 5-708(5) of the Election Law to specify that at least once a year during the month of February, each board of elections shall obtain through the National Change of Address system, the forward- ing address for every voter registered with such board of elections and the names of those voters who have moved and did not leave a forwarding address with the USPS. Section 10 amends section 6-108(1) of the Election Law to remove a reference to a "fall" primary and replace it with a reference to "the primary." Section 11 amends section 6-147(1) and (2) of the Election Law to provide that duly acknowledged certificates relating to grouping of candidates, candidates running for party positions with a group, or self-assignation of an election district by or running alone in multiple election districts shall be filed with the board of elections not later than the tenth Tuesday preceding the primary election. Section 12 amends section 6-158 of the Election Law to provide that: *In subdivision (1), designating petitions be filed between the thir- teenth Monday and the twelfth Thursday preceding a primary election. *In subdivision (4), opportunity to ballot petitions shall be filed not later than the eleventh Thursday preceding the primary election. Except in the case of a substitution of a designated person, that an opportu- nity to ballot petition may be filed not later than the tenth Thursday preceding such primary. *In subdivision (5), a judicial district convention shall be held not earlier than ten days following the state constitutional deadline for the vacancy in the office of the Supreme Court to occur and still be filled at the next general election, and not later than six days after the earliest date to hold such convention. *In subdivision (9), a petition for an independent nomination for an office to be filled at the time of a general election shall be filed not earlier than 23 weeks and not later than 22 weeks preceding such election. *In subdivision (11), certificates of acceptance or declination of an independent nomination for an office to be filled at the general election shall be filed not later than the third day after the twenty- second Tuesday preceding such election. *In subdivision (12), a certificate to fill a vacancy caused by a decli- nation of an independent nomination for an office to be filled at the time of a general election shall be filed not later than the sixth day after the twenty-second Tuesday preceding such election. *In subdivision (14), a vacancy occurring three months before the gener- al election in any year in any office authorized to be filled at a general election, except in the officers of governor, lieutenant-gover- nor, or United States senator shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election. Section 13 amends section 6-158(6) of the Election Law to provide that a certificate of a party nomination made other than at the primary election for an office to be filled at the time of a general election shall be filed not later than 30 days after the primary, except that a certificate of nomination for an office which becomes vacant after the seventh day preceding such primary election shall be filed not later than 30 days after the primary or ten days after the creation of such vacancy, whichever is later, and except further, that a certificate of party nomination of candidates for elector of president and vice-presi- dent of the United States shall be filed not later than 60 days before the general election. Section 14 amends section 8-100(1) of the Election Law to provide that a primary election shall be held on the fourth Tuesday in June before every general election unless otherwise changed by an act of the Legis- lature. This section also makes it clear that all nominations for public office required to be made at a primary election in such year shall be made at such primary and that all members of state and local party committees as well as other party offices shall be elected at such primary. Section 15 amends section 10-108(1)(a) of the Election Law to provide that ballots for military voters are sent out 46 days before a primary or general election. Section 16 amends section 11-204(4) of the Election Law to provide that ballots for overseas voters are sent out 46 days before a primary or general election. Section 17 amends section 42(1) and (4) of the Public Officers Law to provide that a vacancy occurring three months before general election in any year in any office authorized to be filled at a general election, except in the officers of governor, lieutenant-governor, or United States senator shall be filled at the general election held next there- after, unless otherwise provided by the constitution, or unless previ- ously filled at a special election. This three-month cut-off date is also inserted into the appropriate parts of subdivision 4 of section 42 of the Public Officer's Law. Section 18 sets forth the effective date. Part L Section 1 of Part "L" adds a new section 3-112 to the Election Law to require the State to reimburse all counties and NYC for any additional costs directly associated with the implementation and administration of: (a) early voting pursuant to Title VI of article 8 of the Election Law, as added by Part "H" of this Act; and (b) enhanced language access for certain limited English proficient and non-English speaking residents of such counties and NYC pursuant to Election Law section 3-507, as added by Part "G" of this Act. The newly added section 3-112 also would require the State to reimburse affected counties for additional costs directly associated with the expansion of primary election voting hours in those counties pursuant to an amendment to subdivision two of section 8-100 of the Election Law made by Part "H" of this Act. Reimbursement to localities under Section 3-112 would be for 100% of such additional costs incurred in complying with the aforementioned provisions of the Act. Section 2 sets forth the effective date. Section 3 of the Act sets forth a severability clause. Section 4 of the Act states that the Act shall take effect immediately, provided that the applicable effective dates of Parts "A" through "L" shall be as specifically set forth in the last section of such Parts.   JUSTIFICATION: The right to vote is fundamental to our democracy, yet New York State consistently has one of the lowest voter turnout rates in the country. Information gathered by the NYS Office of the Attorney General from investigating voter complaints across the State in the 2016 Primary and General Elections confirms that New York's current election system erects barriers to voter access in at least two major ways. First, as detailed in OAG's December, 2016, "Report on Voter Access in the 2016 Presidential Primary," the laws, procedures, and practices governing voter registration in the State prevented many New Yorkers from participating in that election. To participate in New York's Prima- ry, large numbers of registered voters not affiliated with the Democrat- ic or Republican Parties confronted extremely restrictive deadlines for party enrollment; were forced to rely on error-prone communication between State and local agencies, and were subject to processing by local Boards of Elections ("BOEs") that do not adhere to a single, statewide set of registration standards. Given the overly complicated nature of voter registration in New York, it is not surprising that just under two-thirds of the complaints recorded by OAG during the 2016 Pres- idential Primary came from voters who encountered registration-related problems at their poll sites. Second, some of the rules, laws, procedures and practices governing the voting process itself unduly restricted New York voters' ability to cast their ballot in the 2016 Primary. For instance, voters often were denied the opportunity to cast ballots by affidavit. Some local BOEs did not provide adequate notice to voters of their assigned polling site. Final- ly, many local BOEs across the State were prevented, by State law, from allowing voters the opportunity to cast ballots between 6:00 a.m. and 12:00 p.m. on Primary Day. Approximately 20% of the total number of 2016 Primary-related complaints documented by OAG concerned one of these issues. In addition, during the General Election on November 8th, 2016, scanning machines broke down in hundreds of polling sites across the State and some voters reported waiting in lines for up to three hours to cast their ballots. Many voters complained that they had to abandon the excessively long lines before they could vote due to childcare responsi- bilities, disabilities, or employment demands. While these issues gained significant attention in 2016, they are not new. In fact, the Office of the Attorney General has operated a voter hotline since 2012 and has received numerous complaints about these same issues -- and others -- over these past four years. For example, in November 2012, many voters displaced by Hurricane Sandy were denied the right to cast affidavit ballots, and broken voting machines and long lines were reported at poll sites across the state. Prior to the September 2013 Mayoral Primary in New York City, OAG fielded calls from voters who were unaware that the deadline for affiliating' with the two major parties was more than 330 days prior to Primary Day. Thus, the problems that New Yorkers experienced in 2016 are persistent, and reform is needed to eliminate New York's bathers to voting. Based on its experience fielding and troubleshooting voter issues across the State, the Office of the Attorney General now proposes a comprehen- sive legislative solution -- the "New York Votes Act" - that would significantly reduce problems in voting and help expand this fundamental right to all eligible New Yorkers. As described below, the voter regis- tration reforms proposed in the "New York Votes Act" ("NYVA") would increase opportunities for new voters to register and would minimize registration errors by: requiring designated state and local agencies, with which millions of New York citizens have contact each year, to automatically register the individual electronically with the Board of Elections unless he or she formally declines; implementing a personal online voter registration system and allowing new voters to register and vote on the same day. The bill also includes provisions to assist already-registered voters by eliminating automatic cancellation of a voter's registration record when he or she moves to a new address within the State and allowing registered voters to change their party enroll- ment closer to a primary day. The NYVA also would increase opportunities for New York voters to cast their ballot. The bill includes provisions to establish a system for early voting and "no excuse" absentee voting; ensure uniformity of poll site hours for primary elections across the State; consolidate all primaries on a single day; and establish procedures for voting in emer- gency situations. Finally, the NYVA would enhance access to the ballot by increasing language access for New Yorkers who are non-English speaking or limited English proficient; protecting voters from improper challenges on Election Day; restoring voting rights to citizens on parole; and improv- ing poll worker training and recruitment. I. VOTER REGISTRATION At least 2 million New Yorkers are eligible to vote but are not regis- tered. Since the inception of its voter hotline, OAG has received hundreds of complaints from otherwise eligible New Yorkers who sought to vote on an election day but had not registered by the applicable dead- line. This includes reports from citizens who had moved within the State and were surprised to fmd that their registrations were cancelled when they tried to vote. Many other New Yorkers have complained about errors in their voter records. During both the 2016 Presidential Primary and General Election, OAG received more than 700 complaints from New Yorkers who went to the polls on Election Day and found that their names were not on the voter rolls or their voting registration records were inaccu- rate, including misspelled names and incorrect addresses. Many of these voters were unable to vote on Election Day or had to vote by affidavit ballot. In the 2016 Presidential Primary, just over 21% of the State's voting- eligible population cast ballots. And according to the Pew Charitable Trust's Elections Performance Index, voter turnout in New York in the midterm 2014 elections was 29%, which ranked New York 41st in the nation for voter participation. 1. Automatic Registration of Eligible Voters (Part "A") To address these issues, Part "A" of the NYVA would amend the Election Law to implement "automatic voter registration" in the State. Under this Part, any state or local "designated agency" that collects information from a person who submits an application for services, or a change of name or address, to the agency, would be required to electronically transmit voter registration information from the person's agency appli- cation to the NYS Board of Elections ("NYS BOE"), which would then elec- tronically forward the information to the appropriate county (or NYC) Board of Elections for "filing, processing and verification" consistent with the Election Law. The bill requires that any such person be allowed to decline the opportunity to register to vote. The term "designated agency" is broadly defined by the bill to include all state and local agencies or entities required by existing NYS law to participate in "agency assisted" voter registration (e.g., NYS Depart- ment of Motor Vehicles, Department of Labor, Department of Health, Office of Mental Health, Office of Temporary and Disability Assistance, Office for People with Developmental Disabilities, Department of State, Office of Children and Family Services, Division of Veterans Affairs, and local departments of health and social services), as well as public housing authorities, the New York State. Department of Corrections and Community Supervision, the State University of New York, the City University of New York, and any other state or local "agency, depart- ment, division, office, institution or other entity" subsequently desig- nated by NYS BOE. This automatic system would supplement, not supplant, other methods of voter registration under existing state law. 2. Online Voter Registration and Absentee Ballot Applications (Part "B") New York recently implemented a system whereby voters could submit voter registration materials online through the NYS Department of Motor Vehi- cles. The online portal has been a convenient and effective way for voters with state identification to register to vote and update their address. However, the online portal has not afforded access to voters without identification obtained from DMV. As a result, even after the development of the online portal, many voters continued registering directly with their local Boards of Elections or with other state agen- cies, both of which conducted their registration process entirely using paper registration forms. Errors that often arose in these processes lead to inaccurate registration rolls. For example, OAG found that state agencies that received voter registrations sometimes did not forward them to the local Boards of Elections as they were received, and instead bundled registration forms together and mailed them to the appropriate BOE just before a registration deadline. The current online registration system housed at DMV relies on on-file signatures and therefore does not allow for personal online registration. OAG recently issued an advisory opinion confirming that New York state law does not prohibit a prospec- tive voter from electronically affixing his or her signature to a voter registration application. A comprehensive online registration system would not only help reduce the likelihood of delays in transmissions, it would also improve the accuracy of records entered directly by the voter, and it would provide an easy and convenient way for voters to correct errors should they arise. Accordingly, Part "B" of the NYVA would amend the Election Law to allow "electronic personal voter registration," so that any qualified regis- trant can complete the entire registration process via desktop computer or handheld device. Part "B" also would require that, as part of or in addition to its online voter registration system, NYS BOE provide a means by which qualified voters could access, complete and submit an absentee ballot application online. 3. Student Voter Registration (Part "C") The ability of otherwise eligible college students in New York to regis- ter to vote in the college community in which they study, live and work during most of the year, instead of the community of their parental residence, has been subject to repeated challenges by local boards of elections attempting to determine the "residence" of the student for voter registration purposes. In order to eliminate any potential ambigu- ity on this issue and protect the right of these students to register and vote, Part "C" of the NYVA would amend Election Law section 5-104 ("Qualifications of voters; residence, gaining or losing") to restate the applicable legal standard as established by federal case law. Specifically, the proposed amendment would clarify that "a student attending a college or university in this (S)tate shall be permitted to retain his or her parental residence for voting purposes if the parental community remains the locus of the student's primary concern or, in the alternative . . . be permitted to register and vote from his or her residence within the college or university community if he or she regards the college or university as the community of primary concern." 4. "Permanent" Voter Registration (Part "C") Currently, under the Election Law, if a voter (except in NYC) moves outside the county where he or she is currently registered, his or her voter registration is automatically cancelled. In order to remain regis- tered when moving within the State, a voter must submit another regis- tration form to his or her new county Board of Elections. During the 2016 Presidential Primary and General Election, OAG received complaints from voters confused about the requirement to re-register when moving within the State. Specifically, during the 2016 General Election, approximately 3% of voter complaints to OAG were from voters who had a change of address and experienced problems with their registration status. In some instances, the issues were attributable to delays in updating registration information by either the DMV or the local BOE. In other instances, however, voters were simply unaware that they needed to re-register if they moved within the State. To address this issue, Part "C" of the NYVA would implement a system of "permanent" voter registration in the State by requiring the Board of Elections to update the registration of any consenting voter who moves within the State and submits the appropriate change of address informa- tion to the Board or a "designated agency" under the Election Law. As so amended, the Election Law would provide for automatic cancellation of voter registration based on a change of address only when the voter moves outside the State. 5. Changing Party Enrollment Closer to Primary Day (Part "C") During the 2016 Presidential Primary in New York, hundreds of voters complained to OAG about New York's restrictive change-of-party enroll- ment rules, which are the most restrictive in the country. Because New York is a "closed primary" state, voters must have been members of the Republican or Democratic Parties in order to vote in these parties' 2016 Presidential Primaries. Many voters sought to enroll as Democrats or Republicans several months before the Presidential Primary, but were not allowed to vote because they missed the party enrollment deadline, which, under the current Election Law, was 193 days before the Presiden- tial Primary, in October 2015. The unusually early deadline for existing voters to change party enroll- ment required existing registrants to make a critical choice about whether and in which party to enroll more than half a year in advance of the 2016 Presidential Primary, long before the State's deadlines for the presidential candidates themselves to qualify for their party's ballot: To remedy this problem, Part "C" of the NYVA would amend the Election Law to allow already-registered voters to change their party affiliation up to 120 days prior to any primary election. 6. "Same Day" Voter Registration" (Part "D") OAG received more than 1,000 complaints from voters who learned only on Election Day that they missed voter registration deadlines or had errors in their registration records, and were thus prevented from voting. Allowing voters to register and vote on the same day would minimize the negative consequences of such registration errors and could increase voter turnout. Presently, 13 states and the District of Columbia offer same-day registration. Same-day registration improves access to the election process, increases voter turnout, and facilitates the remedi- ation of inaccuracies in the voter rolls. Part "D" of the NYVA would amend the Election Law to permit a qnalified person who is not registered to vote in the State to appear personally at the appropriate polling place on the day of any primary, general or special election, register to vote, and simultaneously cast his or her ballot. Once the registration is vetted, the voter's ballot would be counted, and the voter would be added to the voting rolls. Because New York State's Constitution currently requires that voter registration be completed at least 10 days before an election (other than a town and village election), Part "D" expressly provides, in the effective date clause, that this amendment shall not take effect until such time as the Constitution is duly amended to allow for same-day registration in the State. (That proposed constitutional amendment is being separately submitted by OAG as a companion bill to the NYVA.) II. INCREASED OPPORTUNITIES FOR VOTING 1. "No Excuse" Absentee Voting" (Part "E") While New York currently provides for absentee voting, it is one of 20 states that only permit access to such ballots under limited conditions. Currently, under the Election Law, voters must select from a short list of specifically enumerated reasons why an absentee ballot is necessary, including the voter's expected absence on Election Day from the county (or, for NYC voters, the city) in which the voter resides, or an illness or physical disability. This limited set of reasons excludes many indi- viduals who would benefit from absentee voting, including individuals with childcare responsibilities or demanding work schedules, and voters in rural parts of the State who must travel great distances to cast their ballots or lack a means of transportation. During the 2016 General Election, long lines at heavily-trafficked poll sites were especially difficult for voters for whom extended periods of standing was too strenuous. OAG received reports about long lines at sites in the Bronx, New York, Queens, and Suffolk Counties that created hardships for elderly voters who had difficulty standing for long peri- ods of time, including those using walkers and canes. In some cases, attentive poll workers came to the aid of such individuals, allowing them to come to the front of the line as an accommodation. However, too many voters left long lines without voting when an accommodation was not available. Such voters would have greatly benefited from an easy, "no-excuse" absentee voting process. States that have adopted "no-excuse" absentee voting, along with a long- er early-voting period or relaxed registration deadlines, have seen increases in turnout of about three percentage points. To date, more than half of the states have enacted this reform, and it has received broad, bi-partisan support. For these reasons, Part "E" of the NYVA would amend the Election Law by repealing, in its entirety, the current requirement that absentee ballots can only be obtained and cast by otherwise qualified voters if they meet one of several statutorily-enumerated justifications for obtaining such ballots. Under a separate provision of the NYVA (Part "B"), the bill also would provide for the online completion and submission of applications for absentee ballots. Currently, voters must either mail or personally deliver a completed application to the Board of Elections. Because New York's Constitution currently references the specific reasons for which absentee voting is permitted in the State, Part "E" expressly provides, in the effective date clause, that this amendment shall not take effect until such time as the Constitution is duly amended to specifically allow for "no excuse" absentee voting in the State. (That proposed constitutional amendment is being separately submitted by OAG as a companion bill to the NYVA.) 2. Early Voting (Part "H") In New York, all voters, save those casting absentee ballots, must vote in person on Election Day. As a result, voters often experience unac- ceptably long lines at poll sites. During the 2016 General Election, OAG received dozens of reports from voters regarding exceptionally long lines. One voter from New York City reported that the line to enter a poll site in midtown Manhattan stretched two city blocks. OAG received reports from voters in Queens, Brooklyn, and the Bronx of wait times eclipsing two hours. In Erie and Ulster counties, OAG received reports of voters waiting in line for more than 45 minutes. Malfunctioning scan- ning machines also contributed to the long waits during the 2016 General Election. OAG received more than 100 reports of scanning machines that failed to operate correctly. In New York City, where the majority of malfunctioning scanner reports were documented, the NYC BOE made concerted efforts to address these issues as they arose, dispatching maintenance teams to poll sites across the City. Nevertheless, the frequency of machine malfunctions led to widespread voter confusion and significant delays at polling sites. Authorizing early voting is a practical solution to the problems of long lines and overwhelmed poll sites. Currently, under the Election Law, the only way by which voters can cast a ballot early is by submitting an absentee ballot. Under existing law, however, access to absentee ballots is limited to a specific set of voter circumstances. (See, "No Excuse" Absentee Voting, Part "E," below.) As a result, New York is one of only 13 states that fails to provide all voters the opportunity to cast a ballot in person prior to an election day. Permitting early voting in New York would make voting more accessible while simultaneously allevi- ating some of the pressure on poll sites and workers caused by heavy Election Day traffic. Part "H" of the NYVA would amend the Election Law to permit a registered voter to vote at the local Board of Elections in the same county where the voter is registered, or at one or more other designated polling places in the county, seven days per week starting two weeks before an election. There would be at least one designated polling place for every 50,000 registered voters in a county, but no county would be required to have more than seven designated polling places for early voting. Any county with fewer than 50,000 registered voters would have at least one designated early voting polling place. Local Boards of Elections could opt to open more polling places than the minimum required. Each early voting polling place would be required to be open for at least 8 hours between 6 a.m. and 9 p.m. each weekday during the early voting period; and, at least one polling place would be required to remain open until 9 p.m. on at least two weekdays in each calendar week during the early voting period. Further, polls would be required to be open for at least five hours between 9 a.m. and 6 p.m. on each Saturday, Sunday and legal holiday during the early voting period. Local Boards of Elections would be required to provide timely, pre-election notice to all registered voters of the availability of early voting and related information, including the location, dates and hours of operation of all polling places for early voting. 3. Uniformity of Poll Site Hours Across the State (Part "H") With the exception of New York City, Nassau, Suffolk, Westchester, Rock- land, Orange, Putnam, and Erie Counties, poll sites in New York State do not open until noon on primary days. OAG has found that the delayed opening of polling places in most counties throughout the state hinders participation in primaries. The current law disadvantages voters in rural counties and in many large metropolitan and suburban counties throughout the State, including Monroe, Onondaga, Broome, Albany, Sche- nectady, Oneida, and Schoharie, among others. Since many people through- out the State work regular business hours, it is only appropriate to open all polls statewide in primary elections from 6:00 am to 9:00 pm, as they are during general elections. Having uniform poll site hours among the State's 62 counties increases fairness in the election system and, as a practical matter, decreases voter confusion about poll site hours. Accordingly, Part "H" of the NYVA would amend the Election Law to require all polling sites across the State to open at 6:00 a.m. and close at 9:00 p.m. during all primary elections. 4. Enhanced Disaster Preparedness Protections (Part "J") New York's Election Law currently does not provide local Boards of Elections or elected officials with the tools to respond to man-made or natural disasters that coincide with elections. Currently, the only relevant provision within the Election Law is § 3-108, which allows for an additional day of voting if a local BOE determines, subject to the approval of the NYS BOE, that less than 25% of the registered voters actually voted in a general election as the direct consequence of a natural or manmade disaster. The additional day of voting cannot be held more than 20 days after the original election date. The law also sets forth the notice, ballot, and registration procedures for the additional day of voting. New York State recently experienced two disasters that significantly disrupted elections. New York's Primary election in 2001 was scheduled for September 11, 2001. After the terrorist attacks that morning, the Governor cancelled the Primary, and subsequently, the Legislature rescheduled it. In 2012, Hurricane Sandy hit New York one week before the General Election. With significant populations across New York City and State still displaced on the day of the election, the Governor issued an Executive Order allowing voters from federally declared "disaster" counties to vote by affidavit at any poll site in the State. To ensure that New York has an adequate statutory framework to address a future crisis, Part "J" of the NYVA would amend the Election Law to: (1) allow for an additional day of voting during a state of emergency in which it is determined that the ability of voters to vote has become or will imminently become impossible and cannot be mitigated in time for the scheduled voting; and (2) clarify and facilitate decision-making by boards of elections during an emergency and/or a declaration of a state of emergency as well as communication to voters and participants of a caucus when time is of the essence to protect voters' safety and enable them to vote when the emergency event is over. 5. Consolidating Federal, State, and Local Primaries on a Single Day (Part "K") New York State held four elections in 2016: an April 19th Presidential Primary, a June 28th Congressional Primary in select counties, a Septem- ber 13th State and Local Primary and a November 8th General Election. Holding primary elections on several different days throughout the year creates confusion for voters, drives down turnout, and drains the resources of local Boards of Elections. In New York State, the estimated cost of holding a primary election in 2016 was $25 million. As a result, the State spent an estimated $50 million dollars in 2016 on administer- ing separate Federal Congressional and State and Local Primaries. Prior to 2012, New York held Federal Congressional, and State and Local Primaries on a single day in September. However, in that year, a federal court ruled that holding the Federal Congressional Primary in September did not comply with the federal Military and Overseas Voter Empowerment ("MOVE") Act. The court held that the proximity of the September Primary to the November General Election disenfranchised military voters over- seas because those voters would not receive General Election absentee ballots for federal contests in sufficient time to participate. As a result, the court ordered the State to move its Federal Congressional Primary to June to ensure compliance with the MOVE Act. However, the State did not change the date of its State and Local Primary. As a result, local BOEs have had to shoulder the additional cost of two sepa- rate primaries-and three, in a presidential election year. Moreover, military personnel now receive two sets of absentee ballots prior to a General Election -- one early ballot with Federal Congressional contests sent early enough to comply with the MOVE Act, and another ballot cover- ing only State and Local contests sent after the results in the Septem- ber primary are certified and after the MOVE Act's deadlines. Consolidating primary election days is a more efficient use of BOE resources and will save millions of dollars. It would realign the election calendar with voter expectations of the election cycle, and streamline voting for overseas military personnel who would receive only one set of absentee ballots at least 45 days prior to the general election. Part "K" of the NYVA would amend the Election Law accordingly to require the holding of all primary elections on one day in June before every general election and make conforming changes to several related provisions of the Election Law. III. ENHANCED ACCESS TO THE BALLOT 1. Protecting Voters from Improper Challenges (Part "F") Challenges to voter eligibility on an election day not only disrupt the electoral process but can also intimidate prospective voters. Histor- ically, challengers have targeted voters of color, student voters, and voters with disabilities. In the lead-up to New York's 2015 State and Local Primary, OAG received complaints about voter discrimination and intimidation against Chinese- American voters in Orange County, most of whom were college students. The challenger questioned both the citizenship and place of residence of the voters without supplying the legally required reason to question the students' citizenship. After the County Sheriff's Office erroneously reported that two of the students were not citizens, the Orange County Board of Elections cancelled their registrations. Only after OAG inter- vened were the registrations reinstated and the students permitted to vote. Challenges to voter eligibility are frequently based on allegations that voters fail to meet residency or citizenship requirements. Although Election Law § 5-220 provides certain protections for voters against baseless or otherwise improper challenges following the voter registra- tion process, it does not adequately protect such voters on Election Day. Under Election Law § 8-504, individuals who challenge a voter's eligibility on an election day must only indicate whether the reasons for the challenge are based on personal knowledge or information provided by another person. As a result, the proof and documentation required to challenge voters prior to an election day under section 5-220 of the Election Law are not required of challenges made to prospective voters at the polling place. This leaves voters vulnerable to improper challenges. To help ensure that qualified voters are not subjected to such chal- lenges at the polling place, Part "F" of the NYVA would amend the Election Law to, among other things, require any person, other than an election inspector, who challenges the qualifications of a voter at an election to complete, execute and deliver to the board of inspectors a "challenge affidavit" that includes specific identifying information about the affiant (e.g., name, residence and business address and employer) as well as a recital of the reasons and facts supporting the affiant's belief that the challenged voter lacks one or more of the legal qualifications for voting. Part "F" also would create a rebuttable presumption that any person (other than election inspector or clerk) who challenges the qualifications of 30 or more voters during an election, and where the board of elections, following an investigation, fmds at least two-thirds of such challenged voters to be qualified voters, is guilty of the Election Law offense of intimidating or attempting to intimidate voters. 2. Increased Language Access (Part "G") According to 2010 Census data, approximately 5.5 million New Yorkers do not speak English as their primary language. New York's current system for providing assistance and written election materials in languages other than English does not meet the needs of voters from such signif- icant language minority groups. Currently, under federal law, counties need to provide assistance and written materials in an alternative language if more than 10,000 voting-age citizens, or 5% of the total population, speak that alternative language, have depressed literacy rates, and do not speak English very well. As a result, Bronx, Kings, Nassau, Manhattan, Queens, Suffolk, and Westchester BOEs must all provide election materials in Spanish and interpreters who speak Span- ish. The Kings, New York, and Queens County BOEs additionally must provide materials and interpreters to serve its Chinese population, and the Queens County BOE must provide such services to its Korean and Bangladeshi populations. In addition, OAG has worked with BOEs in Montgomery, Putnam, Dutchess, Schenectady, Ulster, Rockland, Sullivan, and Chautauqua Counties to implement language access programs for Spanish-speaking voters. Never- theless, significant populations of language minorities across the State remain underserved. For instance, Orange, Onondaga, and Richmond Coun- ties have significant populations of Spanish-speakers who would benefit from translated materials and interpreters. By lowering the population threshold that triggers the translation and interpretation requirements described above, New York can improve ballot access for and participation by these communities. Other states have already done so. For example, Colorado and California lowered the thres- hold to 3% of the voting-age population, and provide services when organizations submit information demonstrating a need for assistance within a particular community. Part "G" of the NYVA would amend the Election Law to provide that when- ever any local BOE fmds that at least 3% of the voting-age residents of an election district in that county are limited English proficient or non-English speaking according to data made available by the U.S. Census Bureau, it shall provide ballots as well as registration or voting notices, forms, instructions, assistance, and other materials or infor- mation relating to the electoral process in the primary language of the population in question, in a manner that provides the same opportunity for access and participation as voters whose primary language is English. 3. Enhancing Poll Worker Training and Recruitment (Part "G") Trained poll workers are critical to ensuring that voters have access to the ballot. More than 5% of the voter complaints OAG received during the 2016 General Election concerned poll workers providing incorrect infor- mation about completing and casting a ballot. These complaints included reports that poll workers provided misinformation regarding registration statuses, inconsistent issuance of affidavit ballots, and, in some instances, inaccurate instructions that voters must vote "down the party line," meaning they could not split their votes among candidates from different parties, for their vote to count. Similarly, during the 2016 Presidential Primary, many poll workers were unaware of their legal obligations to provide affidavit ballots because they had not received clear and consistent written guidance on affidavit ballots. To help address these issues, Part "G" of the NYVA would strengthen the existing Election Law provision that requires NYS BOE to establish a "mandatory core curriculum" for poll worker training by directing that such core curriculum include specific training in areas such as the proper operation of voting systems used in the election, procedures for expeditiously providing directions to voters about their assigned election district, ensuring polling sites are accessible to voters with disabilities or other specific needs, providing accommodation to persons who are illiterate and the requirements and processes for individuals seeking to challenge voter eligibility. Part "G" also would require local boards of election to develop and implement procedures to assist in the recruiting of new poll workers, including by focusing on recruit- ment of recent high school graduates, students attending orientation proceedings at state and public colleges and universities and newly naturalized citizens at naturalization proceedings. Finally, Part "G" would require election commissioners and board of elections employees to complete mandatory training within six months of appointment, and continuing education annually, with the curriculum to be established by the NYS BOE, and also would require NYS BOE to estab- lish a training institute to develop a curriculum for certified poll worker training and train-the-trainer programs. The curriculum shall include a curriculum relating to a diverse electorate, professional delivery of services, providing assistance to voters with disabilities and limited English proficiency, use of all voting systems and shall utilize industry proven training techniques. 4. Restoring Voting Rights to Citizens on Parole (Part "I") Under current New York law, citizens are disenfranchised while they are incarcerated or on parole for felony convictions, but citizens convicted of felonies who are on probation are eligible to vote. New York's different voting eligibility rules for those on parole versus those on probation can lead to confusion among former offenders who wish to regain the right to vote, and among election officials responsible for implementing the laws. This confusion can exacerbate disenfranchisement if eligible citizens incorrectly believe they cannot vote. New York's existing felony disenfranchisement law also has a dispropor- tionate impact on people of color. According to the Brennan Center for Justice, as of 2015, nearly three-quarters of disenfranchised New York- ers on parole are African American or Latino. According to the New York State Department of Corrections and Community Supervision ("DOCCS"), there are currently 35,500 parolees in New York State. Amending the law would aid citizens in their reentry to their communities and, thus, potentially enhance public safety. Accordingly, Part "I" would amend the Election Law and the Correction Law to restore voting rights to parolees with felony convictions. Citi- zens released from prison would not be released from liability for payment of fees, fines, restitution, or other legal financial obli- gations, but the debt would not preclude exercise of the franchise. Part "I" would further provide (in tandem with Part "A," relating to "Auto- matic Electronic Voter Registration") that DOCCS shall: provide voter registration forms to persons upon their release; submit relevant infor- mation for each such person to NYS BOE through the automatic electronic voter registration system; notify NYS BOE of the person's release and notify persons on parole or other forms of community supervision on the effective date of Part "I" of their right to vote and provide them with a voter registration form. IV. REIMBURSEMENT TO LOCALITIES (Part "L") Although the provision of Part "K" of the NYVA that requires that prima- ry elections in the State be consolidated and held on a single day in June is certain to result in considerable cost savings to localities, implementation of other provisions of the bill, such as early voting and expanded primary hours under Part "H," and enhanced language access under Part "G," likely will result in additional costs to localities. To assist localities in meeting these additional costs, Part "L" of the NYVA would add a new section 3-112 to the Election Law to require the State, upon application by a locality to NYS BOE, to reimburse all coun- ties and New York City for any additional costs directly associated with the implementation and administration of both early voting as added by Part "H," and enhanced language access for certain limited English proficient and non-English speaking residents of such counties and NYC as added by Part "G." The new section 3-112 also would require the State to reimburse affected counties for additional costs directly associated with the expansion of primary election voting hours in those counties pursuant to Part "H." Reimbursement to localities under Section 3-112 would be for 100% of such additional costs incurred in complying with these provisions of the NYVA.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: It is anticipated that enactment and implementation of the provisions of Part "K" of the bill that require that all primary elections in the State be held on a single day in June will yield considerable cost savings to county boards of elections across the State. To further offset any additional costs to localities directly associated with the implementation of early voting and expanded primary hours under Part "H" of the bill, and enhanced language access under Part "G," the bill establishes, in Part "L," a reimbursement requirement whereby the State must, upon application of an affected locality to NYS BOE, reimburse 100% of such additional costs.   EFFECTIVE DATE: The bill takes effect immediately, provided that the applicable effec- tive dates of Parts "A" through "L" shall be as specifically set forth in the last section of such Parts.
Go to top

A05312 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5312
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2017
                                       ___________
 
        Introduced  by  M.  of A. CUSICK, KAVANAGH, WALKER, O'DONNELL, ABINANTI,
          GALEF, BUCHWALD, LIFTON, ZEBROWSKI, CARROLL  --  (at  request  of  the
          Department  of  Law)  --  read  once  and referred to the Committee on
          Election Law
 
        AN ACT to amend the election law, in relation to establishing  an  elec-
          tronic registration process integrated within designated agency appli-
          cations (Part A); to amend the election law, in relation to establish-
          ing  an  electronic  personal  voter  registration and absentee ballot
          application process (Part B); to amend the election law,  in  relation
          to  student  voting,  transfer  of  registrations,  affidavit ballots,
          moving deadlines and access to records (Part C); to amend the election
          law, in relation to allowing for polling place voter registration  for
          any  qualified person who is not registered to vote (Part D); to amend
          the election law, in relation to  qualified  absentee  voters  and  to
          repeal  certain  provisions  of such law relating thereto (Part E); to
          amend the election law, in relation to completing and  filing  watcher
          certificates and the form and manner of challenges of voter qualifica-
          tions  (Part  F);  to amend the election law, in relation to mandatory
          core curriculum and language access; and to amend the election law, in
          relation to mandatory training curriculum for election  commissioners,
          key  staff  of boards of elections and poll workers (Part G); to amend
          the election law, in relation to early voting (Part H); to  amend  the
          election  law  and  the  correction  law,  in  relation  to  voting by
          convicted felons (Part I); to amend the election law, in  relation  to
          additional  days  of  voting  as  a result of emergencies (Part J); to
          amend the election law, in relation to primary elections and  amending
          certain  deadlines to facilitate the timely transmission of ballots to
          military voters stationed overseas and in relation to date of  primary
          elections;  and to amend the public officers law, in relation to fill-
          ing vacancies in elective offices (Part K); and to amend the  election
          law,  in relation to the reimbursement to counties and the city of New
          York of certain additional costs associated  with  implementation  and
          administration of the New York votes act (Part L)
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07824-05-7

        A. 5312                             2
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to enact the New York votes act. Each  component  is
     3  wholly  contained  within  a  Part  identified as Parts A through L. The
     4  effective date for each particular provision contained within such  Part
     5  is  set  forth  in  the  last section of such Part. Any provision in any
     6  section contained within a Part, including the  effective  date  of  the
     7  Part,  which  makes  reference  to a section "of this act", when used in
     8  connection with that particular component, shall be deemed to  mean  and
     9  refer  to  the  corresponding  section of the Part in which it is found.
    10  Section four of this act sets forth the general effective date  of  this
    11  act.
    12    §  2.  This act shall be known and may be cited as the "New York votes
    13  act".
 
    14                                   PART A
 
    15    Section 1. Article 5 of the election law is amended by  adding  a  new
    16  title 9 to read as follows:
    17                                  TITLE IX
    18               AUTOMATIC ELECTRONIC VOTER REGISTRATION PROCESS
    19  Section 5-900. Integrated   personal   voter   registration  application
    20                    required.
    21          5-902. Automatic reinstatement after forfeiture.
    22          5-904. Failure to provide  exemplar  signature  not  to  prevent
    23                   registration.
    24          5-906. Presumption of innocent authorized error.
    25          5-908. Forms.
    26    §  5-900. Integrated personal voter registration application required.
    27  1. In addition to any other method of voter registration provided for by
    28  this chapter, state and local agencies designated in subdivision ten  of
    29  this  section shall provide to the state board of elections voter regis-
    30  tration  qualification  information  associated  with  each  person  who
    31  submits  an application for services at such agency, or who notifies the
    32  agency of a change of address or name. Such  designated  agencies  shall
    33  ensure  agency  applications  substantially  include all of the elements
    34  required by section 5-210 of this  article,  including  the  appropriate
    35  attestation,  so that persons completing such applications shall be able
    36  to also submit an application to register to vote through the electronic
    37  voter registration transmittal system. For  purposes  of  this  section,
    38  "agency"  shall  mean  any  state or local agency, department, division,
    39  office, institution or other entity designated by  the  state  board  of
    40  elections pursuant to subdivision ten of this section.
    41    2.  For  each  application  submitted to the agency, whether electron-
    42  ically or on paper, the agency shall transmit  to  the  state  board  of
    43  elections  through  an  interface with the electronic voter registration
    44  transmittal system established and maintained  by  the  state  board  of
    45  elections  that portion of the application that includes voter registra-
    46  tion information. The state  board  of  elections  shall  electronically
    47  forward  such  application  to the applicable board of elections of each
    48  county or the city of New York for filing, processing  and  verification
    49  consistent with this chapter.
    50    3.  An  integrated  voter  registration form submitted to an agency in
    51  paper format shall be  transmitted  to  the  state  board  of  elections

        A. 5312                             3
 
     1  through  an electronic voter registration transmittal system by convert-
     2  ing the paper form to an image file or a portable document  format  file
     3  which  shall  thereafter be deemed the original form for voter registra-
     4  tion  and  enrollment  purposes.  The  agency  shall retain the complete
     5  original paper application for no less than two years.  The  transmittal
     6  of the converted paper application may include or be accompanied by data
     7  elements  and transmittal information as required by the rules and regu-
     8  lations of the state board of elections.
     9    4. An integrated voter registration application submitted to an agency
    10  in an electronic format shall be  transmitted  to  the  state  board  of
    11  elections  through  the electronic voter registration transmittal system
    12  and shall include all of the voter registration data elements, including
    13  electronic signature, as applicable, and record of  attestation  of  the
    14  accuracy of the voter registration information and any relevant document
    15  images.
    16    5.  Information from the voter relevant to both voter registration and
    17  the agency application shall be entered by the voter only once  upon  an
    18  application.
    19    6.  The  agency  shall  redact or remove from the completed integrated
    20  application to be transmitted to the state board of elections any infor-
    21  mation solely applicable to the agency application.
    22    6-a. Information concerning the  citizenship  status  of  individuals,
    23  when  collected  and  transmitted  pursuant  to  subdivision one of this
    24  section, shall not be retained, used or shared  for  any  other  purpose
    25  except as may be required by law.
    26    7. A voter shall be able to decline to register to vote using an inte-
    27  grated application by selecting a single check box, or equivalent, which
    28  shall  read "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION PURPOSES.
    29  DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS".
    30    8. The voter shall be able to sign the voter registration  application
    31  and  the  agency  application  by means of a single manual or electronic
    32  signature unless the agency requires more than one signature  for  other
    33  agency purposes.
    34    9.  No  application  for  voter registration shall be submitted if the
    35  applicant declines registration or fails to sign the integrated applica-
    36  tion, whether on paper or online.
    37    10. Designated agencies for purposes of this section shall include all
    38  agencies designated as voter registration agencies in sections 5-211 and
    39  5-212 of this article, as well as any other  agency  designated  by  the
    40  state  board  of  elections.  Any  such designated agency shall take all
    41  actions that are necessary and proper for  the  implementation  of  this
    42  section,  including  facilitating  technological  capabilities  to allow
    43  transmission of data through an  interface  with  the  electronic  voter
    44  registration transmittal system in a secure manner.
    45    11.  Upon the release from a state correctional facility of any person
    46  serving a sentence of imprisonment on a felony conviction  or  any  time
    47  assessment referenced in subdivision two, three or four of section 5-106
    48  of this article, the department of corrections and community supervision
    49  shall provide such person a voter registration form, pursuant to section
    50  seventy-five  of the correction law and such form, if possible, shall be
    51  integrated with the release documents normally presented and signed upon
    52  release. The department of corrections and community  supervision  shall
    53  submit  relevant information for such person through the voter registra-
    54  tion transmittal system  and  notify  the  board  of  elections  of  the
    55  person's discharge.

        A. 5312                             4
 
     1    12.  The  state  board  of  elections shall promulgate rules and regu-
     2  lations for the creation and administration of an integrated  electronic
     3  voter registration process as provided for by this section.
     4    §  5-902.  Automatic  reinstatement after forfeiture. Any person whose
     5  voter registration is canceled pursuant to section 5-106 of this article
     6  shall be automatically reinstated as a  voter  upon  becoming  eligible,
     7  unless  such  voter  shall affirmatively decline such reinstatement. The
     8  department of corrections and community  supervision  shall  notify  the
     9  board  of elections through the voter registration transmittal system of
    10  the date when the forfeiture of voting rights shall end and  provide  an
    11  updated  address  for  such person, if known. If no new address for such
    12  voter is available at that time, such voter shall be reinstated  at  the
    13  address  of  the previously canceled registration; provided, however, if
    14  the mailed notification of such registration shall be returned  undeliv-
    15  erable  to the board of elections, such returned mail shall be processed
    16  in accordance with this article.
    17    § 5-904. Failure to provide exemplar signature not to  prevent  regis-
    18  tration.  If  a voter registration exemplar signature is not provided by
    19  an applicant who submits a voter registration  application  pursuant  to
    20  this  title  and such signature exemplar is not otherwise available from
    21  the statewide voter registration database or a state  or  local  agency,
    22  the  local board of elections shall, absent another reason to reject the
    23  application, proceed to register and, as applicable, enroll  the  appli-
    24  cant.  Within ten days of such action, the board of elections shall send
    25  a standard form promulgated by the state board of elections to the voter
    26  whose record lacks an exemplar signature, requiring such voter to submit
    27  a signature for identification purposes. The voter shall submit  to  the
    28  board of elections a voter registration exemplar signature by any one of
    29  the  following  methods:  in  person,  by  mail with return postage paid
    30  provided by the board of elections, by electronic mail, or by electronic
    31  upload to the board of elections through the electronic voter  registra-
    32  tion  transmittal  system.  If  such voter does not provide the required
    33  exemplar signature, when the voter appears to vote the  voter  shall  be
    34  entitled  to vote in the same manner as a voter with a notation indicat-
    35  ing the voter's identity  has  not  yet  been  verified  in  the  manner
    36  provided by section 8-302 of this chapter.
    37    §  5-906. Presumption of innocent authorized error. 1. If a person who
    38  is ineligible to vote becomes registered to  vote  pursuant  to  section
    39  5-902  of  this  title,  that person's registration shall be presumed to
    40  have been effected with official authorization and not the fault of that
    41  person. Such presumption may be rebutted with evidence  of  knowing  and
    42  willful intent to falsely register to vote.
    43    2.  If  a person who is ineligible becomes registered to vote pursuant
    44  to section 5-902 of this title and either votes or attempts to  vote  in
    45  an  election held after the effective date of the person's registration,
    46  that person shall be presumed to have acted with official  authorization
    47  and  shall  not  be  guilty of illegal voting or illegally attempting to
    48  vote. Such presumption may be rebutted  with  evidence  of  knowing  and
    49  willful  intent  to  vote  or  attempt  to vote with knowledge that such
    50  person is not qualified or entitled to vote.
    51    § 5-908. Forms. The state board of elections  shall  promulgate  rules
    52  and  regulations  to  implement this title. All agency forms and notices
    53  required by  this  title  shall  be  approved  by  the  state  board  of
    54  elections.  All applications and notices for use by a board of elections
    55  pursuant to this title shall  be  promulgated  by  the  state  board  of
    56  elections,  and  no  addition or alternation to such forms by a board of

        A. 5312                             5
 
     1  elections  shall  be  made  without  approval  of  the  state  board  of
     2  elections.
     3    § 2. This act shall take effect on the earlier occurrence of:  (i) two
     4  years  after  it  shall  have become a law; provided, however, the state
     5  board of elections shall be authorized to implement necessary rules  and
     6  regulations  and to take steps required to implement this act immediate-
     7  ly; or (ii) five days after the date of certification by the state board
     8  of elections that the information technology infrastructure to  substan-
     9  tially  implement  this  act is functional.   Provided, further that the
    10  state board of elections shall  notify  the  legislative  bill  drafting
    11  commission  upon  the  occurrence  of  the  enactment of the legislation
    12  provided for in this act in order that the commission  may  maintain  an
    13  accurate and timely effective data base of the official text of the laws
    14  of  the  state of New York in furtherance of effectuating the provisions
    15  of section 44 of the legislative law and  section  70-b  of  the  public
    16  officers law.
 
    17                                   PART B
 
    18    Section  1.  Article  5 of the election law is amended by adding a new
    19  title 8 to read as follows:
    20                                 TITLE VIII
    21                 ELECTRONIC PERSONAL VOTER REGISTRATION AND
    22                     ABSENTEE BALLOT APPLICATION PROCESS
    23  Section 5-800. Electronic voter registration transmittal system.
    24          5-802. Online voter registration application.
    25          5-803. Online absentee ballot application.
    26          5-804. Failure to provide  exemplar  signature  not  to  prevent
    27                   registration.
    28    § 5-800. Electronic voter registration transmittal system. In addition
    29  to  any  other means of voter registration provided for by this chapter,
    30  the state board of elections shall establish and maintain an  electronic
    31  voter registration transmittal system through which applicants may apply
    32  to  register  to vote online.   The state board of elections shall elec-
    33  tronically  transmit  such  applications  to  the  applicable  board  of
    34  elections  of each county or the city of New York for filing, processing
    35  and verification consistent with this chapter. In accordance with  tech-
    36  nical  specifications  provided  by  the  state board of elections, each
    37  board of elections shall maintain a voter registration system capable of
    38  receiving and processing  voter  registration  application  information,
    39  including  electronic signatures, from the electronic voter registration
    40  transmittal system established by the state board of elections. Notwith-
    41  standing any other inconsistent provision of this chapter,  applications
    42  filed  using  such  system shall be considered filed with the applicable
    43  board of elections on the calendar date  the  application  is  initially
    44  transmitted by the voter through the electronic voter registration tran-
    45  smittal system.
    46    § 5-802. Online  voter  registration  application. 1. A voter shall be
    47  able to apply to register to vote using a personal online  voter  regis-
    48  tration  application submitted through the electronic voter registration
    49  transmittal system when the voter:
    50    (a) completes an electronic voter registration application promulgated
    51  by the state board of elections which shall include  all  of  the  voter
    52  registration information required by section 5-210 of this article; and
    53    (b)  affirms, subject to penalty of perjury, by means of electronic or
    54  manual signature, that the information contained in the voter  registra-

        A. 5312                             6
 
     1  tion  application is true and that the applicant meets all of the quali-
     2  fications to become a registered voter; and
     3    (c)  consents  to  the  use  of an electronic copy of the individual's
     4  manual signature that is in the custody of the department of motor vehi-
     5  cles, the state board  of  elections,  or  other  agency  designated  by
     6  sections  5-211 or 5-212 of this title, as the individual's voter regis-
     7  tration exemplar signature, or  provides  such  a  signature  by  direct
     8  upload  in  a  manner  that  complies with the New York state electronic
     9  signature and records act and the rules and regulations  promulgated  by
    10  the state board of elections.
    11    2.  The  board  of  elections  shall provide the personal online voter
    12  registration application in any language required by the federal  Voting
    13  Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
    14    3.  The  online  voter  registration application process shall provide
    15  reasonable accommodations to  improve  accessibility  for  persons  with
    16  disabilities,  and  shall  be  compatible  for  use with standard online
    17  accessibility assistance tools for  persons  with  visual,  physical  or
    18  perceptive disabilities.
    19    4. The state board of elections shall promulgate rules and regulations
    20  for  the creation and administration of an online voter registration and
    21  absentee ballot application system pursuant to this section.
    22    § 5-803. Online absentee ballot application. As part of, or  in  addi-
    23  tion  to,  the  electronic  voter registration transmittal system estab-
    24  lished pursuant to section 5-800 of  this  title,  the  state  board  of
    25  elections  also  shall provide a means by which qualified voters seeking
    26  to vote by absentee ballot can access, complete  and  submit  online  an
    27  absentee ballot application.
    28    § 5-804. Failure  to  provide exemplar signature not to prevent regis-
    29  tration. If a voter registration exemplar signature is not  provided  by
    30  an  applicant  who  submits a voter registration application pursuant to
    31  this title and such signature exemplar is not otherwise  available  from
    32  the  statewide  voter  registration database or a state or local agency,
    33  the local board of elections shall, absent another reason to reject  the
    34  application,  proceed  to register and, as applicable, enroll the appli-
    35  cant. Within ten days of such action, the board of elections shall  send
    36  a standard form promulgated by the state board of elections to the voter
    37  whose record lacks an exemplar signature, requiring such voter to submit
    38  a  signature  for identification purposes. The voter shall submit to the
    39  board of elections a voter registration exemplar signature by any one of
    40  the following methods: in person,  by  mail  with  return  postage  paid
    41  provided by the board of elections, by electronic mail, or by electronic
    42  upload  to the board of elections through the electronic voter registra-
    43  tion transmittal system. If such voter does  not  provide  the  required
    44  exemplar  signature,  when  the voter appears to vote the voter shall be
    45  entitled to vote in the same manner as a voter with a notation  indicat-
    46  ing  the  voter's  identity  has  not  yet  been  verified in the manner
    47  provided by section 8-302 of this chapter.
    48    § 2. This act shall take effect on the earlier occurrence of:  (i) two
    49  years after it shall have become a law;  provided,  however,  the  state
    50  board  of elections shall be authorized to implement necessary rules and
    51  regulations and to take steps required to implement this act  immediate-
    52  ly; or (ii) five days after the date of certification by the state board
    53  of  elections that the information technology infrastructure to substan-
    54  tially implement this act is functional.   Provided,  further  that  the
    55  state  board  of  elections  shall  notify the legislative bill drafting
    56  commission upon the occurrence  of  the  enactment  of  the  legislation

        A. 5312                             7

     1  provided  for  in  this act in order that the commission may maintain an
     2  accurate and timely effective data base of the official text of the laws
     3  of the state of New York in furtherance of effectuating  the  provisions
     4  of  section  44  of  the  legislative law and section 70-b of the public
     5  officers law.
 
     6                                   PART C
 
     7    Section 1. Section 5-104 of the election law is amended  by  adding  a
     8  new subdivision 3 to read as follows:
     9    3. The provisions set forth in subdivision one of this section regard-
    10  ing the right of students to register and vote shall be interpreted in a
    11  manner  consistent with the constitutional requirement that each citizen
    12  must be permitted to vote in that community which is the "locus  of  ...
    13  primary concern" to that citizen at the time of the election. According-
    14  ly,  a  student attending a college or university in this state shall be
    15  permitted to retain his or her parental residence for voting purposes if
    16  the parental community  remains  the  locus  of  the  student's  primary
    17  concern or, in the alternative, a student shall be permitted to register
    18  and  vote  from  his  or  her residence within the college or university
    19  community if he or she regards the college or university as the communi-
    20  ty of primary concern.
    21    § 2. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
    22  vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
    23  as added by chapter 659 of the laws of 1994,  are  amended  to  read  as
    24  follows:
    25    1.  The board of elections shall transfer the registration and enroll-
    26  ment of any voter for whom it receives a notice of change of address  to
    27  another address in the [same county or city] state, or for any voter who
    28  [casts]  submits  a  ballot  in  an affidavit ballot envelope which sets
    29  forth such a new address.  Such notices shall include, but not be limit-
    30  ed to, notices received from any state agency  which  conducts  a  voter
    31  registration  program  pursuant  to the provisions of sections 5-211 and
    32  5-212 of this title or which transmits information, that the  voter  has
    33  notified such agency of a change of address in the [same city or county]
    34  state  unless the voter has indicated that such change of address is not
    35  for voter registration purposes, notices of change of address  from  the
    36  United  States  Postal  Service  through  the National Change of Address
    37  System, any notices of a forwarding address on mail sent to a  voter  by
    38  the  board  of elections and returned by the postal service, national or
    39  state voter registration forms,  confirmation  mailing  response  cards,
    40  United  States  Postal  Service  notices  to correspondents of change of
    41  address, applications for registration from persons  already  registered
    42  [in such county or city], or any other notices to correspondents sent to
    43  the board of elections by such voters.
    44    6.  If a notice sent pursuant to [subdivision five of] this section is
    45  returned [by the postal service] as undeliverable and without a forward-
    46  ing address, the board of elections shall  return  the  registration  of
    47  such  voter  to  the  original  address,  send such voter a confirmation
    48  notice pursuant to the provisions of subdivision one of section 5-712 of
    49  this [title] article and place such voter in inactive status.
    50    § 3. Subdivision 3 of section 5-208 of the election law, as  added  by
    51  chapter 659 of the laws of 1994, is amended to read as follows:
    52    3.  If  such  a notice is received at least [twenty] ten days before a
    53  primary, special or general election, such change  of  address  must  be
    54  completed  before  such  election.  If  such a notice is not received at

        A. 5312                             8
 
     1  least ten days before a primary, special or  general  election,  then  a
     2  voter  may vote in accordance with subdivision three of section 8-302 of
     3  this chapter.
     4    § 4. Subdivision 1 of section 4-117 of the election law, as amended by
     5  chapter 44 of the laws of 2016, is amended to read as follows:
     6    1.  The  board of elections, [between August first and August fifth of
     7  each year] not less than sixty-five days  nor  more  than  seventy  days
     8  before the primary election in each year, shall send by mail on which is
     9  endorsed  such  language  designated  by the state board of elections to
    10  ensure postal authorities do not forward such mail but return it to  the
    11  board of elections with forwarding information, when it cannot be deliv-
    12  ered  as  addressed  and  which  contains  a  request that any such mail
    13  received for persons not residing at the address be dropped back in  the
    14  mail,  a  communication,  in  a  form  approved  by  the  state board of
    15  elections, to every registered voter who has been registered  without  a
    16  change  of  address  since  the  beginning of such year, except that the
    17  board of elections shall not be required to send such communications  to
    18  voters  in  inactive status. The communication shall notify the voter of
    19  the days and hours of the ensuing primary  and  general  elections,  the
    20  place  where  he or she appears by his or her registration records to be
    21  entitled to vote, the fact that voters who have moved or will have moved
    22  from the address where they were last registered must  [re-register  or,
    23  that  if  such  move  was to another address in the same county or city,
    24  that such voter may] either notify the board of elections of his or  her
    25  new  address or vote by paper ballot at the polling place for his or her
    26  new address even if such voter has not re-registered, or otherwise noti-
    27  fied the board of elections of the change of address. If the location of
    28  the polling place for the voter's election district has been moved,  the
    29  communication  shall  contain  the  following legend in bold type: "YOUR
    30  POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".  The  commu-
    31  nication  shall also indicate whether the polling place is accessible to
    32  physically disabled voters, that a voter who will be out of the city  or
    33  county  on  the day of the primary or general election or a voter who is
    34  ill or physically disabled may obtain an absentee ballot, that  a  phys-
    35  ically  disabled voter whose polling place is not accessible may request
    36  that his or her registration record be moved  to  an  election  district
    37  which  has a polling place which is accessible, the phone number to call
    38  for applications to move a registration record or  for  absentee  ballot
    39  applications,  the phone number to call for the location of registration
    40  and polling places, the phone number to call to indicate that the  voter
    41  is  willing  to  serve  on  election  day as an election inspector, poll
    42  clerk, interpreter or in other capacities, the phone number to  call  to
    43  obtain  an application for registration by mail, and such other informa-
    44  tion concerning the elections or registration as the board may  include.
    45  In  lieu  of  sending  such communication to every registered voter, the
    46  board of elections may  send  a  single  communication  to  a  household
    47  containing  more  than  one registered voter, provided that the names of
    48  all such voters appear as part of the address on such communication.
    49    § 5. Paragraph (a) of subdivision 1 of section 5-400 of  the  election
    50  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    51  as follows:
    52    (a) Moved his or her residence outside the [city or county in which he
    53  is registered] state.
    54    § 6. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400  of
    55  the  election  law,  paragraphs  (b)  and (d) as added by section 20 and

        A. 5312                             9
 
     1  paragraph (c) as added and paragraph (d) as relettered by section 22  of
     2  chapter 659 of the laws of 1994, are amended to read as follows:
     3    (b)  A  notice that the registrant has moved to an address outside the
     4  [city or county] state which is signed by the registrant and sent to the
     5  board of elections.
     6    (c) A notice signed by the registrant which states  that  such  regis-
     7  trant  has  moved  to  an address outside the [city or county] state and
     8  that such change of address is for voter registration purposes.
     9    (d) A notice from a board of elections  or  other  voter  registration
    10  officer  or  agency  that  such  person  has  registered to vote from an
    11  address outside [such city or county] the state.
    12    § 7. Subdivision 3 of section 5-210 of the election law, as amended by
    13  chapter 255 of the laws of 2015, is amended to read as follows:
    14    3.  Completed  application  forms,  when  received  by  any  board  of
    15  elections  and,  with  respect  to  application forms promulgated by the
    16  federal election  commission,  when  received  by  the  state  board  of
    17  elections,  or  showing  a  dated cancellation mark of the United States
    18  Postal Service or contained in an envelope showing such a dated  cancel-
    19  lation  mark which is not later than the [twenty-fifth] tenth day before
    20  the next ensuing primary, general or special election, and  received  no
    21  later  than the [twentieth] fifth day before such election, or delivered
    22  in person to such board of elections not later than the tenth day before
    23  a special  election,  shall  entitle  the  applicant  to  vote  in  such
    24  election,  if  he or she is otherwise qualified, provided, however, such
    25  applicant shall not vote on a voting machine until his or  her  identity
    26  is verified. Any board of elections receiving an application form from a
    27  person who does not reside in its jurisdiction but who does reside else-
    28  where in the state of New York, shall forthwith forward such application
    29  form  to  the  proper  board of elections. Each board of elections shall
    30  make an entry on each such form of the  date  it  is  received  by  such
    31  board.
    32    §  8.  The  opening paragraph of section 5-211 of the election law, as
    33  amended by chapter 265 of the laws  of  2013,  is  amended  to  read  as
    34  follows:
    35    Each  agency designated as a participating agency under the provisions
    36  of this section shall implement and administer a program of distribution
    37  of voter registration forms pursuant to the provisions of this  section.
    38  The  following  offices  which  provide public assistance and/or provide
    39  state funded programs primarily engaged in providing services to persons
    40  with disabilities are hereby designated as voter registration  agencies:
    41  designated as the state agencies which provide public assistance are the
    42  office  of  children  and  family  services, the office of temporary and
    43  disability assistance and the department of health. Also  designated  as
    44  public  assistance  agencies  are  all agencies of local government that
    45  provide such assistance.  Designated  as  state  agencies  that  provide
    46  programs primarily engaged in providing services to people with disabil-
    47  ities  are  the  department  of labor, office for the aging, division of
    48  veterans' affairs, office of mental health,  office  of  vocational  and
    49  educational  services  for  individuals with disabilities, commission on
    50  quality of care for the mentally disabled, office [of mental retardation
    51  and] for people with  developmental  disabilities,  commission  for  the
    52  blind,  office of alcoholism and substance abuse services, the office of
    53  the advocate for the disabled and all offices which administer  programs
    54  established  or  funded  by  such  agencies. Additional [state] agencies
    55  designated as voter registration offices are  the  department  of  state
    56  [and],  the  division  of workers' compensation, the state university of

        A. 5312                            10
 
     1  New York, the city university of New York, all public  housing  authori-
     2  ties  listed  in article thirteen of the public housing law, the depart-
     3  ment of corrections and community supervision and the New York  division
     4  of  military and naval affairs. Such agencies shall be required to offer
     5  voter  registration  forms  to  persons  upon  initial  application  for
     6  services,  renewal or recertification for services and change of address
     7  relating to such services. Such agencies shall also be  responsible  for
     8  providing  assistance  to  applicants  in  completing voter registration
     9  forms, receiving and transmitting the completed  application  form  from
    10  all applicants who wish to have such form transmitted to the appropriate
    11  board  of  elections.  The state board of elections shall, together with
    12  representatives of the department  of  defense,  develop  and  implement
    13  procedures  for including recruitment offices of the armed forces of the
    14  United States as voter registration offices when  such  offices  are  so
    15  designated  by  federal  law. The state board shall also make request of
    16  the United States Immigration  and  Naturalization  Service  to  include
    17  applications for registration by mail with any materials which are given
    18  to  new  citizens. [All institutions of the state university of New York
    19  and the city university of New York, shall,  at  the  beginning  of  the
    20  school  year,  and  again in January of a year in which the president of
    21  the United States is to be elected, provide an application for registra-
    22  tion to each student in each  such  institution.]  The  state  board  of
    23  elections  may,  by  regulation,  grant  a waiver from any or all of the
    24  requirements of this section to any office or program of an  agency,  if
    25  it  determines  that  it  is  not feasible for such office or program to
    26  administer such requirement.
    27    § 9. Subdivision 3 of section 5-213 of the election law, as amended by
    28  chapter 200 of the laws of 1996, is amended to read as follows:
    29    3. The board of elections shall restore the registration of  any  such
    30  voter  to  active  status  if such voter notifies the board of elections
    31  that he resides at the address from which he is registered, or the board
    32  finds that such voter has validly signed  a  designating  or  nominating
    33  petition  which states that he resides at such address, or if such voter
    34  casts a ballot in an affidavit envelope which states that he resides  at
    35  such  address, or if the board receives notice that such voter has voted
    36  in an election conducted with registration lists  prepared  pursuant  to
    37  the  provisions of section 5-612 of this article.  If any such notifica-
    38  tion or information is received [twenty]  ten  days  or  more  before  a
    39  primary,  special or general election, the voter's name must be restored
    40  to active status for such election.
    41    § 10. Subdivision 3 of section 5-304 of the election law,  as  amended
    42  by chapter 90 of the laws of 1991, is amended to read as follows:
    43    3.  A change of enrollment received by the board of elections, showing
    44  a dated cancellation  mark  of  the  United  States  Postal  Service  or
    45  contained  in an envelope showing such cancellation mark which is dated,
    46  not later than the [twenty-fifth] one hundred twentieth day  before  the
    47  [general  election  shall be deposited in a sealed enrollment box, which
    48  shall not be opened until  the  first  Tuesday  following  such  general
    49  election. Such change of enrollment shall be then removed and entered as
    50  provided  in  this  article]  next  ensuing  primary, general or special
    51  election or delivered in person to such county board  of  elections  not
    52  later  than  the  one hundred twentieth day before a primary, general or
    53  special election, shall  be  effective  for  such  election.  Enrollment
    54  changes shall be entered as provided in this article and shall be deemed
    55  to  take  effect  on  the  fifth  day after such change of enrollment is
    56  received by the board of elections or if the change  of  enrollment,  or

        A. 5312                            11
 
     1  the  envelope  containing  it,  bears  a  dated cancellation mark of the
     2  United States Postal Service, such change shall be entered and shall  be
     3  deemed  to  take  effect  on  the tenth day after the date of such mark,
     4  whichever is earlier; except that no change will take effect sooner than
     5  the  fifth  day  after  the  receipt of such change of enrollment by the
     6  board of elections.
     7    § 11. The opening paragraph of  paragraph  (e)  of  subdivision  3  of
     8  section 8-302 of the election law, as amended by chapter 125 of the laws
     9  of 2011, is amended to read as follows:
    10    Whenever  a  voter  presents  himself  or herself and offers to cast a
    11  ballot, and he or she claims to live in the election district  in  which
    12  he or she seeks to vote but no registration poll record can be found for
    13  him  or her in the poll ledger or his or her name does not appear on the
    14  computer generated registration list or his or her  signature  does  not
    15  appear  next  to his or her name on such computer generated registration
    16  list or his or her registration poll record or  the  computer  generated
    17  registration  list  does not show him or her to be enrolled in the party
    18  in which he or she claims to be enrolled and the voter is not  otherwise
    19  eligible  to cast an affidavit ballot pursuant to subdivision three-d of
    20  this section, a poll clerk or election inspector shall  consult  a  map,
    21  street  finder  or  other  description  of all of the polling places and
    22  election districts  within  the  political  subdivision  in  which  said
    23  election  district  is  located  and  if necessary, contact the board of
    24  elections to obtain the relevant information and advise the voter of the
    25  correct polling place and election district for  the  residence  address
    26  provided  by  the voter to such poll clerk or election inspector. There-
    27  after, such voter shall be permitted to vote in said  election  district
    28  only as hereinafter provided:
    29    §  12.  Section  8-302  of the election law is amended by adding a new
    30  subdivision 3-d to read as follows:
    31    3-d. A person appearing on election day whose name cannot be found  in
    32  a  poll  ledger  or computer generated registration list and who affirms
    33  that he or she interacted with an agency designated in  subdivision  ten
    34  of  section  5-900  of  this chapter and consented to voter registration
    35  shall be permitted to cast an affidavit ballot.  Such  affidavit  ballot
    36  shall  be  counted if at the polling place, the person presents proof of
    37  identity and evidence of registering to vote or performing  an  activity
    38  specified in subdivision one of section 5-900 of this chapter, and there
    39  is  no  affirmative  proof  that the person is ineligible to register to
    40  vote or that the person did not register or perform any activity  speci-
    41  fied in subdivision one of section 5-900 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 activity specified in
    44  subdivision one of section 5-900 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  activity
    47  specified  in  subdivision  one of section 5-900 of this chapter for the
    48  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. 5312                            12
 
     1  indicating that the voter's identity was not yet verified as required by
     2  the federal Help America Vote Act.
     3    §  13.  Subdivision 3 of section 8-510 of the election law, as amended
     4  by chapter 43 of the laws of 1988, is amended to read as follows:
     5    3. The inspectors shall place such completed  report,  each  challenge
     6  affidavit  and watcher affidavit and each court order, if any, directing
     7  that a person be permitted to vote, as well as each affidavit  completed
     8  pursuant to subdivision three-d of section 8-302 of this article, inside
     9  a  ledger  of  registration  records  or computer generated registration
    10  lists between the front cover, and the  first  registration  record  and
    11  then shall close and seal each ledger of registration records or comput-
    12  er generated registration lists, affix their signature to the seal, lock
    13  such  ledger in the carrying case furnished for that purpose and enclose
    14  the keys in a sealed package or seal such list in the envelope  provided
    15  for that purpose.
    16    §  14.  Subdivision 1 of section 3-220 of the election law, as amended
    17  by chapter 104 of the laws of 2010, is amended to read as follows:
    18    1. All registration  records,  certificates,  lists,  and  inventories
    19  referred to in, or required by, this chapter shall be public records and
    20  open  to  public inspection under the immediate supervision of the board
    21  of elections or its employees and subject to such reasonable regulations
    22  as such board may impose, provided, however, that  no  data  transmitted
    23  pursuant  to title nine of article five of this chapter shall be consid-
    24  ered a public record open to public inspection solely by reason  of  its
    25  transmission  and  that  the following information shall not be released
    26  for public inspection:
    27    (a) any voter's signature;
    28    (b) the personal residence and contact information of  any  voter  for
    29  whom any provision of law requires confidentiality;
    30    (c)  any  portion of a voter's driver's license number, [department of
    31  motor vehicle] non-driver [photo ID] identification card number,  social
    32  security  number  and facsimile number [shall not be released for public
    33  inspection];
    34    (d) any voter's telephone number; and
    35    (e) any voter's email address.  No such records shall  be  handled  at
    36  any  time  by  any person other than a member of a registration board or
    37  board of inspectors  of  elections  or  board  of  elections  except  as
    38  provided by rules imposed by the board of elections.
    39    §  15. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
    40  subdivision 9 as amended by chapter 44 of the laws of 2016 and  subdivi-
    41  sions  11  and  14  as  amended  by chapter 179 of the laws of 2005, are
    42  amended to read as follows:
    43    9. The county board of elections shall, promptly and in any event, not
    44  later than twenty-one days after receipt by it of the application, veri-
    45  fy the identity of the applicant, except  if  such  board  receives  the
    46  application  within  twenty-one  days  of  a special, primary or general
    47  election, the board shall verify the identity of  the  applicant  within
    48  five  days  or before such election, whichever shall be sooner. In order
    49  to do so, the county board of elections shall  utilize  the  information
    50  provided in the application and shall attempt to verify such information
    51  with  the  information  provided  by  the  department of motor vehicles,
    52  social security administration and any other lawful  available  informa-
    53  tion  source.  If  the county board of elections is unable to verify the
    54  identity of the applicant within twenty-one days of the receipt  of  the
    55  application,  it shall immediately take steps to confirm that the infor-
    56  mation provided by the applicant was accurately utilized by such  county

        A. 5312                            13
 
     1  board  of  elections,  was  accurately  verified  with other information
     2  sources and that no data entry error, or other similar  type  of  error,
     3  occurred.  Following completion of the preceding steps, the county board
     4  of  elections  shall  mail (a) a notice of its approval, (b) a notice of
     5  its approval which includes an indication that such board  has  not  yet
     6  been able to verify the identity of the applicant and a request for more
     7  information  so that such verification may be completed, or (c) a notice
     8  of its rejection of the application to the applicant in a form  approved
     9  by  the  state  board  of  elections.  Notices  of  approval, notices of
    10  approval with requests for more  information  or  notices  of  rejection
    11  shall be sent by nonforwardable first class or return postage guaranteed
    12  mail on which is endorsed such language designated by the state board of
    13  elections  to  ensure  postal  authorities  do not forward such mail but
    14  return it to the board of elections with forwarding information, when it
    15  cannot be delivered as addressed and which contains a request  that  any
    16  such  mail  received  for persons not residing at the address be dropped
    17  back in the mail. The  voter's  registration  and  enrollment  shall  be
    18  complete upon receipt of the application by the appropriate county board
    19  of  elections.  The  failure of a county board of elections to verify an
    20  applicant's identity shall not be the  basis  for  the  rejection  of  a
    21  voter's  application,  provided, however, that such verification failure
    22  shall be the basis for requiring county board of elections to  take  the
    23  additional verification steps provided by this chapter. The notice shall
    24  also advise the registrant of the date when his registration and enroll-
    25  ment is effective, of the date and the hours of the next regularly sche-
    26  duled  primary or general election in which he will be eligible to vote,
    27  of the location of the polling place of the election district  in  which
    28  he is or will be a qualified voter, whether such polling place is acces-
    29  sible  to  physically  handicapped voters, an indication that physically
    30  handicapped voters or voters who are ill or voters who will  be  out  of
    31  the  city  or  county on the day of the primary or general election, may
    32  obtain an absentee ballot and the phone  number  to  call  for  absentee
    33  ballot  applications,  the phone numbers to call for location of polling
    34  places, to obtain registration forms and the phone  number  to  call  to
    35  indicate  that  the  voter  is  willing  to  serve on election day as an
    36  inspector, poll clerk or interpreter. The notice of approval, notice  of
    37  approval  with request for more information or notice of rejection shall
    38  also advise the applicant to notify the board of elections if  there  is
    39  any  inaccuracy.  The form of such mail notification shall be prescribed
    40  by the state board of elections and shall contain such other information
    41  and instructions as it may reasonably require to carry out the  purposes
    42  of this section. The request for more information shall inform the voter
    43  that  "THE  FAILURE  TO  CONTACT  THE BOARD OF ELECTIONS AND CORRECT ANY
    44  INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMA-
    45  TION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO
    46  CAST A VOTE ON A VOTING MACHINE." If such notice is returned undelivered
    47  without a new address, the board shall forthwith send such  applicant  a
    48  confirmation  notice pursuant to the provisions of section 5-712 of this
    49  article and place such applicant in inactive status. The state board  of
    50  elections  shall prepare uniform notices by this section as provided for
    51  in subdivision eight of section 3-102 of this chapter.
    52    11. If the county board of elections suspects or believes that for any
    53  reason the applicant is not entitled to registration and enrollment,  it
    54  shall make inquiry in reference thereto. If the board of elections shall
    55  find  that  the  applicant  is not qualified to register and enroll, the
    56  application shall  be  rejected  and  the  applicant  notified  of  such

        A. 5312                            14
 
     1  rejection and the reason therefor, no later than ten days before the day
     2  of  the  first  primary  or general election occurring at least [twenty-
     3  five] ten days after the filing of the application, except that  if  the
     4  application  was  submitted  between twenty-five and ten days before the
     5  day of the first primary or general election, such  board  shall  notify
     6  the applicant at least five days before such election.
     7    14.  Notwithstanding the entry by the county board of elections on the
     8  registration poll record of the information contained on an  application
     9  form prescribed by this section, such entry shall not preclude the coun-
    10  ty  board of elections from subsequently rejecting the application if it
    11  is not satisfied that the applicant is entitled to register  and  enroll
    12  as  provided by this section, provided that the applicant is notified of
    13  such rejection and reasons therefor no later than ten  days  before  the
    14  day  of  the first primary or general election occurring at least [twen-
    15  ty-five] ten days after the filing of such application form, except that
    16  if the application was submitted between twenty-five and ten days before
    17  the day of the first primary or general election, such board shall noti-
    18  fy the applicant at least five days before such election.
    19    § 16. This act shall take effect immediately; provided, however,  that
    20  sections one, two, four, five, six, eight, eleven and twelve of this act
    21  shall take effect January 1, 2018; provided further that sections three,
    22  seven,  nine,  ten  and fifteen of this act shall take effect January 1,
    23  2019.   Effective immediately, any  rules,  regulations  and  agreements
    24  necessary  to implement the provisions of this act on its effective date
    25  are authorized and directed to be completed on or before such date.
 
    26                                   PART D
 
    27    Section 1. Section 5-210 of the election law is amended  by  adding  a
    28  new subdivision 1-a to read as follows:
    29    1-a.  (a) Notwithstanding any other provision of this article relating
    30  to registration requirements, any qualified person who is not registered
    31  in this state may apply personally for registration  and  enrollment  by
    32  appearing  at the appropriate polling place for the election district in
    33  which he or she resides on any day of  election,  primary,  general,  or
    34  special, during the hours that such polling place is open for voting. To
    35  be  eligible  to  register  pursuant  to this subdivision, a person must
    36  provide acceptable forms of identification  containing  proof  of  resi-
    37  dence,  as  determined by state law implementing the Help Americans Vote
    38  Act of 2002 (Public Law 107-252). Any person who so  registers  to  vote
    39  shall  execute  the  following instrument in substantially the following
    40  form:
    41  "I, (name), do hereby certify, under penalty of perjury,  that,  to  the
    42  best  of  my knowledge, I am a qualified voter, having resided at (place
    43  of residence) for  at  least  thirty  days  immediately  preceding  this
    44  election,  that  I am not disqualified on any legal grounds from voting,
    45  and that I have not already voted at this election."
    46    (b) The board of elections shall establish  a  procedure  by  which  a
    47  person  who  registers pursuant to paragraph (a) of this subdivision may
    48  cast his or her vote at the appropriate polling place.
    49    (c) If a registrant is unable to provide valid proof of  residence  as
    50  provided  for  in paragraph (a) of this subdivision, such registrant may
    51  be allowed to register for and vote in any election by affidavit ballot.
    52  Such affidavit ballot shall not be counted until election officials  can
    53  determine such registrant's residence and eligibility to vote.

        A. 5312                            15
 
     1    §  2. This act shall take effect on the first of January next succeed-
     2  ing the date upon which the people shall approve and  ratify  amendments
     3  to section 5 of article 2 of the constitution by a majority of the elec-
     4  tors  voting  thereon  relating  to  the  ten  day  advance registration
     5  requirement.
 
     6                                   PART E
 
     7    Section  1. Subdivisions 1 and 2 of section 8-400 of the election law,
     8  subdivision 1 as amended by chapter 63 of the laws  of  2010,  paragraph
     9  (c)  of subdivision 1 as amended by chapter 375 of the laws of 2015, the
    10  opening paragraph of subdivision 2 as amended by chapter 216 of the laws
    11  of 1988, paragraph (a) of subdivision 2 as amended by chapter 263 of the
    12  laws of 1991, paragraph (c) of subdivision 2 as amended by  chapter  321
    13  of  the  laws  of  1988 and paragraph (d) of subdivision 2 as separately
    14  amended by chapters 97 and 104 of the laws of 2010, are amended to  read
    15  as follows:
    16    1.  A qualified voter may vote as an absentee voter under this chapter
    17  if[, on the occurrence of any village election conducted by the board of
    18  elections, primary election, special election, general election  or  New
    19  York  city  community  school  board  district or city of Buffalo school
    20  district election, he or she expects to be:
    21    (a) absent from the county of his or her residence, or, if a  resident
    22  of the city of New York absent from said city; or
    23    (b)  unable  to appear personally at the polling place of the election
    24  district in which he or she is a qualified voter because of  illness  or
    25  physical disability or duties related to the primary care of one or more
    26  individuals  who  are  ill  or physically disabled, or because he or she
    27  will be or is a patient in a hospital; or
    28    (c) a resident or patient of a veterans health  administration  hospi-
    29  tal; or
    30    (d)  absent  from  his  or  her  voting residence because he or she is
    31  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    32  confined  in jail or prison after a conviction for an offense other than
    33  a felony, provided that he or she is qualified to vote in  the  election
    34  district  of his or her residence] he or she requests an application for
    35  an absentee ballot on a form to be obtained and filed as provided herein
    36  or by letter as provided in paragraph (d) of  subdivision  two  of  this
    37  section.
    38    2.  A qualified voter desiring to vote at such election as an absentee
    39  voter [for any reason specified in subdivision  one  hereof]  must  make
    40  application for an absentee ballot on a form to be obtained and filed as
    41  provided herein or by letter as provided in paragraph (d) of this subdi-
    42  vision.
    43    (a)  Application  forms shall be furnished by and may be obtained from
    44  any board of elections at any time until the day before  such  election,
    45  and  shall also be available for online completion and submission pursu-
    46  ant to section 5-803 of this chapter.  Application forms shall  also  be
    47  supplied  by  the  board of inspectors of the election district in which
    48  applicant is a qualified voter on all of the  days  provided  for  local
    49  registration.  In addition, application forms shall be supplied upon the
    50  request of the person authorized to vote pursuant to this  section,  any
    51  such person's spouse, parent or child, a person residing with the appli-
    52  cant  as  a  member of his household, or the applicant's duly authorized
    53  agent. Application forms sent outside of the United States to a  country
    54  other  than  Canada  or  Mexico, shall be sent airmail. Any reference to

        A. 5312                            16
 
     1  "board of elections" in the remaining provisions of this section, except
     2  with respect to the furnishing and obtaining of applications for  absen-
     3  tee  ballots, means only the board of elections of the county or city in
     4  which the applicant is a qualified voter.
     5    (b) Applications may be filed either with the board of elections or in
     6  person  with  the  board of inspectors of the election district in which
     7  the applicant is a qualified voter, on one  of  the  days  provided  for
     8  local registration.
     9    (c) [All] Except as otherwise provided in paragraph (a) of this subdi-
    10  vision,  applications must be mailed to the board of elections not later
    11  than the seventh day before the election for which  a  ballot  is  first
    12  requested  or delivered to such board not later than the day before such
    13  election.
    14    (d) The board of elections shall mail  an  absentee  ballot  to  every
    15  qualified  voter otherwise eligible for such a ballot, who requests such
    16  an absentee ballot from such board of elections in writing in a  letter,
    17  telefax indicating the address, phone number and the telefax number from
    18  which  the  writing is sent or other written instrument, which is signed
    19  by the voter and received by the board of elections not earlier than the
    20  thirtieth day nor later than the seventh day  before  the  election  for
    21  which  the  ballot is first requested and which states the address where
    22  the voter is registered and the address to which the  ballot  is  to  be
    23  mailed;  provided,  however,  a  military  voter  may request a military
    24  ballot or voter registration application or an absentee ballot  applica-
    25  tion  in  a letter as provided in subdivision three of section 10-106 of
    26  this chapter; and provided further, a special federal voter may  request
    27  a  special federal ballot or voter registration application or an absen-
    28  tee ballot application in a letter as provided in paragraph d of  subdi-
    29  vision  one  of  section  11-202 of this chapter. The board of elections
    30  shall enclose with such ballot a form of application for absentee ballot
    31  if the applicant is registered with such board of elections.
    32    § 2. Paragraphs (c) and (d) of subdivision  3  and  subdivision  4  of
    33  section 8-400 of the election law are REPEALED.
    34    §  3. This act shall take effect on the first of January next succeed-
    35  ing the date upon which the people shall approve and  ratify  amendments
    36  to  section 2 of article 2 of the constitution by a majority of electors
    37  voting thereon relating to absentee voting.
 
    38                                   PART F
 
    39    Section 1. Section 4-117 of the election law is amended  by  adding  a
    40  new subdivision 4 to read as follows:
    41    4.  Any person, other than an election officer, who mails or causes to
    42  be mailed, between August first and December thirty-first of any  calen-
    43  dar  year,  any first class nonforwardable mail, where such person knows
    44  or reasonably should know that such nonforwardable mail: (a) is intended
    45  to be delivered to a registered voter or voter  registration  applicant;
    46  and  (b) may be used by a challenger, other than an election officer, on
    47  election day to challenge the qualifications  of  a  voter,  shall  file
    48  within  two  business  days  of  such  mailing, a duplicate copy of such
    49  nonforwardable mail, a duplicate copy of names and  addresses  to  which
    50  such  nonforwardable  mail  was sent, and a completed form prescribed by
    51  the state board of elections. The failure to comply with the  provisions
    52  of this subdivision shall be punishable as a misdemeanor.
    53    §  2. Subdivision 1-a of section 8-104 of the election law, as amended
    54  by chapter 164 of the laws of 2010, is amended to read as follows:

        A. 5312                            17

     1    1-a. The election inspectors shall conspicuously post in  the  polling
     2  place  before  the  opening  of  the polls, a voter information posting,
     3  which shall include: (a) the sample ballot and instructions for the  use
     4  of  ballot  scanners  and  ballot  marking  devices required pursuant to
     5  section  7-118  of this chapter; (b) a statement that "today is election
     6  day" and the hours  during  which  polling  places  will  be  open;  (c)
     7  instructions  on how to cast an affidavit ballot and a concise statement
     8  of a voter's right to  such  a  ballot;  (d)  instructions  relating  to
     9  requirements for voting on ballot scanners by those registrants who must
    10  provide  identification pursuant to the federal Help America Vote Act of
    11  2002; (e) instructions for first-time voters;  (f)  a  voter's  bill  of
    12  rights describing voter's rights under applicable federal and state law,
    13  including  the right of accessibility and alternate language accessibil-
    14  ity; (g) information pertaining to voting by election day paper  ballot,
    15  including  information  about  the  consequence  of casting an overvote,
    16  steps to prevent unintentional  undervoting  and  spoiled  ballots;  (h)
    17  instructions  on  how  to contact the appropriate officials if a voter's
    18  right to vote or right to otherwise participate in the electoral process
    19  has been violated; [and] (i) general information on  federal  and  state
    20  laws  regarding prohibitions on acts of fraud and misrepresentation; and
    21  (j) information about the requirements of a challenge on election day as
    22  provided in subdivision three of section 8-502 of  this  article.    The
    23  state  board  of  elections  shall prescribe the form and content of the
    24  voter information posting, which may be comprised of one or more  pages,
    25  provided  each  page  shall  be  posted  separately.  The state board of
    26  elections shall prescribe an official version of such voter  information
    27  posting  for  every  language  which  appears on any general, primary or
    28  special election ballot in any election district in the  state  and  for
    29  such other languages as such board, in its opinion, determines is appro-
    30  priate.  Such posting shall be used in all jurisdictions, and a separate
    31  posting shall be made by election inspectors for each language appearing
    32  on the ballot  and  for  such  additional  languages  as  the  board  of
    33  elections may require. A board of elections may modify or supplement the
    34  voter information posting used in its jurisdiction to provide additional
    35  or  local  information;  provided,  however,  any  such  modification or
    36  supplementation shall be submitted to the state board of  elections  for
    37  prior approval.
    38    § 3. Section 8-500 of the election law, as amended by chapter 9 of the
    39  laws of 1978, subdivisions 1 and 3 as amended by chapter 373 of the laws
    40  of  1978,  and  subdivision  4  as amended by chapter 254 of the laws of
    41  2014, is amended to read as follows:
    42    § 8-500. Watchers; provision for. 1. At any general, special, town  or
    43  village  election,  any party committee or independent body whose candi-
    44  dates are upon the ballot, and at any primary election, any two or  more
    45  candidates  and  any  political  committee  may  have  for each election
    46  district three watchers at any one time, not more than one of  whom  may
    47  be within the guard rail at any one time. Watchers shall be appointed by
    48  the  [chairman] chairperson or secretary of any such party, committee or
    49  independent body or by the candidates.
    50    2. Watchers may be present at  the  polling  place  at  least  fifteen
    51  minutes  before  the  unlocking and examination of any voting machine or
    52  ballot box at the opening of the polls, until after the signing  of  the
    53  inspectors'  returns  and proclamation of the result; provided, however,
    54  that upon entering any polling  place,  each  watcher  shall  deliver  a
    55  completed  certificate,  issued  pursuant  to  subdivision three of this
    56  section, to the appointed or  designated  chairperson  of  the  election

        A. 5312                            18
 
     1  inspectors,  as  provided  for in section 3-400 of this chapter, at each
     2  election district where such watcher  is  permitted  to  serve  by  such
     3  certificate.
     4    2-a.   The appointed or designated chairperson of the election inspec-
     5  tors, as provided for in section 3-400 of this  chapter,  shall  initial
     6  each  watcher  certificate upon delivery.   At the close of an election,
     7  the inspectors shall place each watcher certificate inside the ledger of
     8  registration  records  or  computer  generated  registration  list,   as
     9  provided for in section 8-510 of this title.
    10    3.  The appointment of watchers for any election shall be by a certif-
    11  icate in writing issued by the [chairman] chairperson  or  secretary  of
    12  the  political party, party committee or independent body, or the candi-
    13  dates. [Such certificate shall be  delivered  to  an  inspector  at  the
    14  election  district.]  The  state  board of elections shall prescribe the
    15  content and form  of  watcher  certificates  for  use  at  any  general,
    16  special,  town  or  village  election  and at any primary election.  The
    17  information provided on such  certificate  shall  include,  but  not  be
    18  limited to, the watcher's first and last name, the watcher's residential
    19  address,  the first and last name of the chairperson or secretary of the
    20  political party, committee or independent body, or the  candidates  that
    21  issued  such certificate, the signature of such chairperson or secretary
    22  of the political party, committee or independent body, and the  town  or
    23  city,  ward  (if applicable) and election district for which the watcher
    24  certificate was issued.
    25    4. Each watcher must be a qualified voter of the  city  or  county  in
    26  which  he  or  she is to serve. No person shall be appointed or act as a
    27  watcher who is a candidate for any public office to be voted for by  the
    28  voters of the election district in the same election in which the watch-
    29  er  is  to  serve.  Nothing  in  this  subdivision shall be construed as
    30  prohibiting any such candidate from visiting a  polling  place  in  such
    31  district on an election day while the polls are open.
    32    §  4.  Section 8-502 of the election law, as amended by chapter 373 of
    33  the laws of 1978, is amended to read as follows:
    34    § 8-502. Challenges; generally. 1. Before his or her vote is  cast  at
    35  an  election  any  person may, in accordance with the provisions of this
    36  section, be challenged as to his or her right to vote,  or  his  or  her
    37  right  to  vote by absentee, military, special federal or special presi-
    38  dential ballot. Such challenge may be made by an inspector or clerk,  by
    39  any  duly  appointed watcher, or by any registered voter properly in the
    40  polling place.
    41    2. An inspector shall challenge every person offering to vote, whom he
    42  or she shall know or suspect is not entitled to vote  in  the  district,
    43  and  every  person whose name appears on the list of persons to be chal-
    44  lenged on election day which is furnished by the board of elections.
    45    3. Any person, other than an inspector or  clerk,  may  challenge  the
    46  qualifications  of  a voter only by completing, executing and delivering
    47  to the board of inspectors a  challenge  affidavit  that  satisfies  the
    48  requirements of section 8-503 of this title.
    49    § 5. The election law is amended by adding a new section 8-503 to read
    50  as follows:
    51    §  8-503.  Challenge  affidavit. 1. The state board of elections shall
    52  prescribe the content and form of a challenge affidavit for use  at  any
    53  general,  special, town or village election and at any primary election.
    54  Such affidavit shall contain the affiant's  full  name,  residence,  and
    55  business  address,  the  name  of  his or her employer, the registration
    56  serial number of the person challenged and a recital of the reasons  and

        A. 5312                            19

     1  the  facts  supporting  the  affiant's belief that the person challenged
     2  lacks one or more of the qualifications for voting prescribed in section
     3  5-102 or 5-106 of this chapter and  specified  in  such  affidavit.  The
     4  affidavit  shall  state  if the reasons for challenge are based upon the
     5  affiant's personal knowledge, or upon information received from  another
     6  person.  If  the affiant's belief is based upon information furnished by
     7  another, the affidavit shall recite the name of  the  person  furnishing
     8  the  information  and  the  basis  for his or her information. After the
     9  affiant has signed such affidavit, an inspector shall read to him or her
    10  and request him or her to  sign  the  following  oath,  which  shall  be
    11  subscribed  by such affiant:  "I do solemnly swear (or affirm) that I am
    12  a qualified voter of the city or  county  in  which  this  affidavit  is
    13  signed and that the foregoing statement made by me on (insert day, month
    14  and  year)  is  a  truthful  disclosure of the reasons for my good faith
    15  belief that the registered voter  therein  named  is  not  qualified  to
    16  continue  to  vote  in  the  election district in which he or she is now
    17  registered." If the affiant shall take and sign such oath, an  inspector
    18  shall sign his or her name as a witness below the affiant's subscription
    19  to  such  oath.   Each challenge affidavit may only challenge the quali-
    20  fications of one voter.
    21    2. The board of elections shall make challenge affidavit forms  avail-
    22  able to all qualified voters.
    23    §  6.  Paragraphs (b) and (e) of subdivision 2 of section 8-508 of the
    24  election law, as amended by chapter 200 of the laws of 1996, are amended
    25  to read as follows:
    26    (b) The second section of such report shall be reserved for the  board
    27  of  inspectors to enter the name, address and registration serial number
    28  of each person who is challenged on the day of election or an any day in
    29  which there is early voting pursuant to section 8-600 of  this  article,
    30  together  with the reason for the challenge, the name and address of the
    31  person challenging the qualifications of  such  voter,  if  such  person
    32  challenging  the  qualifications  is  not an inspector or clerk, and the
    33  words "Permitted to Vote" or "Refused to take oath".  If no  voters  are
    34  challenged,  the  board  of  inspectors  shall enter the words "No Chal-
    35  lenges" across the space reserved for such names. In lieu  of  preparing
    36  section two of the challenge report, the board of elections may provide,
    37  next  to  the  name of each voter on the computer generated registration
    38  list, a place for the inspectors of election to record  the  information
    39  required  to  be  entered  in such section two, or provide at the end of
    40  such computer generated registration list, a place for the inspectors of
    41  election to enter such information.
    42    (e) At the foot of such report and at the end  of  any  such  computer
    43  generated  registration  list  shall  be printed a certificate that such
    44  report contains the names of all persons who were challenged on the  day
    45  of  election, and [that each voter so reported as having been challenged
    46  took the oaths as required] the reason for such challenge and the  names
    47  and  addresses of all challengers who are not inspectors or clerks, that
    48  such report contains the names of all voters to whom such board gave  or
    49  allowed assistance and lists the nature of the disability which required
    50  such  assistance  to  be given and the names and family relationship, if
    51  any, to the voter of the persons by whom such assistance  was  rendered;
    52  that  each such assisted voter informed such board under oath that he or
    53  she required such assistance and that each person rendering such assist-
    54  ance took the required oath; that such report contains the names of  all
    55  voters  who  were  permitted  to  vote  although their registration poll
    56  records were missing; that the entries made by such board are a true and

        A. 5312                            20
 
     1  accurate record of its proceedings with respect to the persons named  in
     2  such report.
     3    §  7.  Subdivisions  1 and 2 of section 17-108 of the election law, as
     4  amended by chapter 373 of the laws of  1978,  are  amended  to  read  as
     5  follows:
     6    1.  Any  person  who  wilfully  loses, alters, destroys or mutilates a
     7  watcher certificate, the list of voters or registration poll ledgers,  a
     8  challenge  affidavit, or a challenge report in any election district, or
     9  a certified copy thereof, is guilty of a misdemeanor.
    10    2. An applicant for registration who shall make, incorporate or  cause
    11  to  be  incorporated  a  material  false statement in an application for
    12  registration, or in any challenge or other  affidavit  required  for  or
    13  made  or filed in connection with registration or voting, and any person
    14  who knowingly takes a  false  oath  before  a  board  of  inspectors  of
    15  election,  and  any  person  who  makes  a material false statement in a
    16  medical certificate,  challenge  affidavit  or  an  affidavit  filed  in
    17  connection  with  an application for registration, is guilty of a misde-
    18  meanor.
    19    § 8. Section 17-150 of the election law is amended to read as follows:
    20    § 17-150. Duress and intimidation of voters. 1. Any person  or  corpo-
    21  ration who directly or indirectly:
    22    [1.] (a) Uses or threatens to use any force, violence or restraint, or
    23  inflicts or threatens to inflict any injury, damage, harm or loss, or in
    24  any  other  manner  practices intimidation upon or against any person in
    25  order to induce or compel such person to vote or refrain from voting for
    26  or against any particular person  or  for  or  against  any  proposition
    27  submitted  to voters at such election, or to place or cause to be placed
    28  or refrain from placing or causing to be placed his or her name  upon  a
    29  registry  of  voters,  or  on  account  of  such  person having voted or
    30  refrained from voting at such election, or  having  voted  or  refrained
    31  from  voting  for or against any particular person or persons, or for or
    32  against any proposition submitted to voters at such election, or  having
    33  registered or refrained from registering as a voter; or,
    34    [2.]  (b) By abduction, duress or any forcible or fraudulent device or
    35  contrivance whatever impedes, prevents or otherwise interferes with  the
    36  free  exercise  of  the  elective  franchise  by  any voter, or compels,
    37  induces or prevails upon any voter to give or refrain from giving his or
    38  her vote for or against any particular person at any election; or,
    39    [3.] (c) Being an employer pays his [employess] or her  employees  the
    40  salary  or  wages  due in "pay envelopes," in which there is enclosed or
    41  upon which there is written or printed political motto, device or  argu-
    42  ment  containing  threats, express or implied, intended or calculated to
    43  influence the political opinions or actions of such employees, or within
    44  ninety days of a general election puts  or  otherwise  exhibits  in  the
    45  establishment  or place where his or her employees are engaged in labor,
    46  any handbill or placard containing any threat,  notice  or  information,
    47  that  if any particular ticket or candidate is elected or defeated, work
    48  in his or her place or establishment will cease, in whole  or  in  part,
    49  his  or  her establishment will be closed up, or the wages of his or her
    50  employees reduced, or other threats, express  or  implied,  intended  or
    51  calculated  to influence the political opinions or actions of his or her
    52  employees, is guilty of a misdemeanor, and, if a corporation,  shall  in
    53  addition forfeit its charter.
    54    2. There shall be a rebuttable presumption that a person has practiced
    55  intimidation  upon  or  against  another  person in order to induce such
    56  other person to refrain from voting for or against any particular person

        A. 5312                            21
 
     1  or for or against any proposition, within the meaning of  paragraph  (a)
     2  of subdivision one of this section, where he or she:
     3    (a)  being other than an inspector or clerk, in the course of a single
     4  election, challenges the qualifications of thirty or more voters  during
     5  such  election,  and where the board of elections, following an investi-
     6  gation pursuant to paragraph (f) of subdivision two of section 8-508  of
     7  this  chapter, finds at least two-thirds of such challenged voters to be
     8  qualified voters; or
     9    (b) being other than an inspector or clerk, challenges the  qualifica-
    10  tions  of  a  voter  at  any  general, primary, special, town or village
    11  election and thereafter, without good cause, fails to  comply  with  the
    12  requirements of section 8-503 of this chapter.
    13    § 9. Subdivision 1 of section 17-154 of the election law is amended to
    14  read as follows:
    15    1.  (a)  Intimidate,  threaten or coerce, or to attempt to intimidate,
    16  threaten or coerce, any other person for the purpose of interfering with
    17  the right of such other person to register to vote, to vote, or to  vote
    18  as he or she may choose, or for the purpose of causing such other person
    19  to  vote for, or not to vote for, any candidate for the office of gover-
    20  nor, lieutenant-governor, attorney-general, comptroller,  judge  of  any
    21  court,  member  of the senate, or member of the assembly at any election
    22  held solely or in part for the purpose of selecting a governor, lieuten-
    23  ant-governor, attorney-general, comptroller, any judge or any member  of
    24  the senate or any member of the assembly; [or,]
    25    (b) There shall be a rebuttable presumption that a person has violated
    26  paragraph  (a)  of this subdivision when, during any election enumerated
    27  in such subdivision, he or she:
    28    (i) being other than an inspector or clerk, challenges the  qualifica-
    29  tions of thirty or more voters during such election, and where the board
    30  of  elections,  following  an investigation pursuant to paragraph (f) of
    31  subdivision two of section 8-508 of this chapter, finds  at  least  two-
    32  thirds of such challenged voters to be qualified voters; or
    33    (ii) being other than an inspector or clerk, challenges the qualifica-
    34  tions  of a voter at any such election and, without good cause, fails to
    35  comply with the requirements of section 8-503 of this chapter; or
    36    § 10. This act shall take effect one year after it shall have become a
    37  law.
 
    38                                   PART G
 
    39    Section 1. Subdivision 1-a of section 3-412 of the  election  law,  as
    40  added by chapter 181 of the laws of 2005, is amended to read as follows:
    41    1-a.  The  state  board  of elections shall establish a mandatory core
    42  curriculum for poll worker training which includes the  requirements  in
    43  subdivision two of this section, [as amended by a chapter of the laws of
    44  2005,]  and the rights of voters at the polls and obligation of election
    45  workers to protect those rights while maintaining the integrity  of  the
    46  franchise,  including [assisting] accommodating voters with disabilities
    47  or with limited or no proficiency in  the  English  language,  handling,
    48  processing and entitlement to ballots, including affidavit and emergency
    49  ballots,  proper  identification requirements, procedures to be followed
    50  with respect to voters whose names are not on  the  list  of  registered
    51  voters  or  whose  identities have not been verified, electioneering and
    52  other violations of the elective franchise as defined in  this  chapter,
    53  solicitation  by  individuals and groups at the polling place and proce-
    54  dures to be followed after the polls close.  Such core  curriculum  also

        A. 5312                            22
 
     1  shall  include  specific  training  in  the  proper  operation of voting
     2  systems used in the election;  procedures  for  expeditiously  providing
     3  directions  to  voters  about their assigned election district; ensuring
     4  polling  sites  are  accessible  to  voters  with  disabilities or other
     5  specific needs; providing accommodation to persons who  are  illiterate;
     6  the  requirements  for  conducting signature verification of voters; the
     7  requirements for individuals seeking to challenge voter eligibility  and
     8  the  process  for  handling any such challenges; and security procedures
     9  for the election. Each board of elections shall augment the core curric-
    10  ulum with local procedures not inconsistent  with  the  core  curriculum
    11  adopted  by  the  state board of elections and which includes procedures
    12  relating to proper operation of, and remedying problems with, the voting
    13  machine or system in use in that jurisdiction.  Each board of  elections
    14  shall  also develop and implement procedures to assist in the recruiting
    15  of new poll workers, including by focusing on recruitment of recent high
    16  school graduates, students attending orientation  proceedings  at  state
    17  and  public  colleges and universities and newly naturalized citizens at
    18  naturalization proceedings.
    19    § 2. The election law is amended by adding a new section 3-213 to read
    20  as follows:
    21    § 3-213.  Boards  of  elections;  mandatory  training  curriculum.  1.
    22  Election  commissioners  and  such other board of elections employees as
    23  determined by the state board of elections shall within six months after
    24  their first appointment complete a course of instruction on  the  opera-
    25  tion  of a board of elections which shall be provided by the state board
    26  of elections. The curriculum shall be established by the state board  of
    27  elections  in  consultation  with  election  commissioners and shall not
    28  exceed thirty hours of instruction.
    29    2. Annually, election  commissioners  and  other  board  of  elections
    30  employees  as determined by the state board of elections, shall complete
    31  before June first a continuing course of instruction on the operation of
    32  a board of elections which shall be  provided  by  the  state  board  of
    33  elections.  The  curriculum  shall  be established by the state board of
    34  elections in consultation with the election commissioners and shall  not
    35  exceed three hours of instruction.
    36    3. The state board of elections shall provide the training required by
    37  subdivision two of this section through, in addition to other methods it
    38  may choose, a web-based recorded format.
    39    4.  Upon  the  failure of a commissioner or other employee to complete
    40  the instruction within the time required  by  this  section,  the  state
    41  board of elections shall send a letter to the county legislature or city
    42  council and the respective county party chair of the jurisdiction of the
    43  commissioner stating the delinquency.
    44    §  3. Section 3-412 of the election law is amended by adding three new
    45  subdivisions 1-b, 1-c and 1-d to read as follows:
    46    1-b. The state board of elections shall establish and host  an  educa-
    47  tion  and training institute which shall be responsible for the develop-
    48  ment and implementation of  a  statewide  program  wherein  persons  can
    49  become  certified poll worker trainers. This institute shall also create
    50  a train-the-trainer program, in order for county boards of elections  to
    51  implement  an effective training program at their respective local level
    52  of program delivery.  The state board's trainers shall  include  in  the
    53  trainer curriculum to be developed, attention to, inter alia, poll work-
    54  er  ability  to  serve a diverse electorate with complete confidence and
    55  respect; professionalizing the delivery of all  election  day  services;
    56  providing  assistance to voters with disabilities and those with limited

        A. 5312                            23
 
     1  English language proficiency, ensuring the dignity and privacy  of  such
     2  individuals;  and  to  individuals  who  are members of racial or ethnic
     3  minorities, complete familiarity and comfort with all voting systems  in
     4  use   in   poll   sites,  including  ballot  marking  devices  or  other
     5  systems/services available to voters with disabilities; and poll  worker
     6  ability  to recognize and resolve a variety of issues which may arise in
     7  poll sites. The state board's trainers and  all  certified  poll  worker
     8  instructors  shall  utilize industry-proven training techniques aimed at
     9  adult learners  including  role-based  training  and  hands-on  training
    10  opportunities  using  official  election  day forms and poll site voting
    11  systems and may further include  a  web-based  component  and  companion
    12  video.
    13    1-c.  County boards shall enroll trainers in the program in such quan-
    14  tities to ensure that an adequate contingent of fully trained and certi-
    15  fied poll worker trainers are available to meet the  training  needs  of
    16  such  county.  Each county board of elections shall enroll not less than
    17  two persons designated by the county board on a bipartisan basis, in the
    18  state board of elections training  institute.  Certified  trainers  must
    19  maintain  their  certification  by  attending  once  every  two years, a
    20  continuing education program, to ensure the professionalism of the  poll
    21  worker  training  agenda  set by the state board of elections. Enrollees
    22  who have successfully completed the state board's training  program  and
    23  been  awarded a "certified poll worker instructor" certificate may serve
    24  at the county board as a trainer of poll workers as well as a trainer of
    25  other bi-partisan designees of the county board, however the  conferring
    26  of  the title "certified poll worker instructor" may be made only by the
    27  state board of elections.
    28    1-d. The state board of elections shall adopt  such  rules  and  regu-
    29  lations  which  may  be  necessary  to create the training institute and
    30  associated curricula provided for in subdivisions one-a, one-b and one-c
    31  of this section, including a process whereby attendees who  successfully
    32  complete  a  state  board-sponsored  training program shall be awarded a
    33  certificate conferring upon him or her, the  title  of  "certified  poll
    34  worker instructor".
    35    § 4. The election law is amended by adding a new section 3-507 to read
    36  as follows:
    37    § 3-507. Language access. 1. In addition to the requirements set forth
    38  in  section  3-506 of this title, whenever any county board of elections
    39  finds that at least three percent of  the  voting-age  residents  of  an
    40  election  district  in  that  county are non-English speaking or limited
    41  English proficient pursuant to data made available by the United  States
    42  Census  Bureau,  it shall provide in such election district registration
    43  or voting notices, forms, instructions, assistance, or  other  materials
    44  or  information relating to the electoral process, including ballots, in
    45  the language of the applicable minority language group, in a manner that
    46  provides the same opportunity for access and participation as for  other
    47  voters.  This  provision shall be subject to the requirements of federal
    48  law, including section 203 and section 4(f) of the Voting Rights Act  of
    49  1965, to the extent such laws are applicable.
    50    2. As used in this section, the terms "limited English proficient" and
    51  "non-English  speaking"  shall  refer  to a person whose native speaking
    52  language is a language other than English, and who continues to use  his
    53  or her native language as the primary means of oral and written communi-
    54  cation.
    55    §  5.  This act shall take effect immediately; provided, however, that
    56  sections two and three of this act shall take effect on the one  hundred

        A. 5312                            24
 
     1  eightieth  day after it shall have become a law; provided, however, that
     2  effective immediately, the addition, amendment and/or repeal of any rule
     3  or regulation necessary for the implementation of this act on its effec-
     4  tive  date  are  authorized  and directed to be made and completed on or
     5  before such effective date.
 
     6                                   PART H
 
     7    Section 1. Section 3-400 of the election law is amended  by  adding  a
     8  new subdivision 9 to read as follows:
     9    9.  Notwithstanding  any  inconsistent  provisions  of  this  article,
    10  election inspectors or poll clerks, if any, at polling places for  early
    11  voting,  shall  consist of either board of elections employees who shall
    12  be appointed by the commissioners of such board or duly qualified  indi-
    13  viduals, appointed in the manner set forth in this section. Appointments
    14  to the offices of election inspector or poll clerk in each polling place
    15  for  early  voting  shall be equally divided between the major political
    16  parties. The board of elections  shall  assign  staff  and  provide  the
    17  resources they require to ensure wait times at early voting sites do not
    18  exceed thirty minutes.
    19    §  2.  Section  4-117  of  the election law is amended by adding a new
    20  subdivision 1-a to read as follows:
    21    1-a. The notice required by subdivision  one  of  this  section  shall
    22  include  the  dates, hours and locations of early voting for the general
    23  and primary election. The board of  elections  may  satisfy  the  notice
    24  requirement  of this subdivision by providing in the notice instructions
    25  to obtain the required early voting information from a  website  of  the
    26  board  of elections and providing a phone number to call for such infor-
    27  mation.
    28    § 3. Subdivision 2 of section 8-100 of the election law, as amended by
    29  chapter 335 of the laws of 2000, is amended to read as follows:
    30    2. Polls shall be open for voting during the following hours: a prima-
    31  ry election from [twelve o'clock noon until nine o'clock in the evening,
    32  except in the city of New York and  the  counties  of  Nassau,  Suffolk,
    33  Westchester,  Rockland,  Orange,  Putnam  and  Erie, and in such city or
    34  county from] six o'clock in the morning until nine o'clock in the  even-
    35  ing;  the  general  election  from six o'clock in the morning until nine
    36  o'clock in the evening; a special election called by the governor pursu-
    37  ant to the public officers law, and, except  as  otherwise  provided  by
    38  law,  every  other  election, from six o'clock in the morning until nine
    39  o'clock in the evening; early voting  hours  shall  be  as  provided  in
    40  section 8-600 of this article.
    41    §  4. Subdivision 1 of section 8-102 of the election law is amended by
    42  adding a new paragraph (k) to read as follows:
    43    (k) Voting at each polling place for early voting shall  be  conducted
    44  in  a  manner  consistent  with the provisions of this article, with the
    45  exception of the tabulation and proclamation of election  results  which
    46  shall  be  completed according to subdivisions eight and nine of section
    47  8-600 of this article.
    48    § 5. Section 8-104 of the election law is  amended  by  adding  a  new
    49  subdivision 7 to read as follows:
    50    7.  This  section shall apply on all early voting days as provided for
    51  in section 8-600 of this article.
    52    § 6. Article 8 of the election law is amended by adding a new title  6
    53  to read as follows:

        A. 5312                            25
 
     1                                  TITLE VI
     2                                EARLY VOTING
     3  Section 8-600. Early voting.
     4          8-602. State  board  of  elections;  powers and duties for early
     5                   voting.
     6    § 8-600. Early voting. 1. Beginning the fourteenth day  prior  to  any
     7  general, primary or special election for any public or party office, and
     8  ending on and including the second day prior to such general, primary or
     9  special  election  for  such public or party office, persons duly regis-
    10  tered and eligible to vote at such election shall be permitted  to  vote
    11  as  provided  in this title.   The board of elections of each county and
    12  the city of New York shall establish procedures, subject to approval  of
    13  the state board of elections, to ensure that persons who vote during the
    14  early  voting  period shall not be permitted to vote subsequently in the
    15  same election.
    16    2. (a) The board of elections of each county or the city of  New  York
    17  shall  designate  polling  places for early voting in each county, which
    18  may include the offices of the board of elections, for persons  to  vote
    19  early  pursuant  to  this section. There shall be so designated at least
    20  one early voting polling place for every full increment of  fifty  thou-
    21  sand  registered voters in each county; provided, however, the number of
    22  early voting polling places in a county shall  not  be  required  to  be
    23  greater  than  seven, and a county with fewer than fifty thousand voters
    24  shall have at least one early voting polling place.
    25    (b) The board of elections of each county or the city of New York  may
    26  establish  additional  polling  places for early voting in excess of the
    27  minimum number required by  this  subdivision  for  the  convenience  of
    28  eligible voters wishing to vote during the early voting period.
    29    (c) Polling places for early voting shall be located to ensure, to the
    30  extent practicable, that eligible voters have adequate equitable access,
    31  taking into consideration population density, travel time to the polling
    32  place,  proximity  to  other  locations  or commonly used transportation
    33  routes and such other factors the board of elections of  the  county  or
    34  the  city of New York deems appropriate. The provisions of section 4-104
    35  of this chapter, except subdivisions four  and  five  of  such  section,
    36  shall apply to the designation of polling places for early voting except
    37  to the extent such provisions are inconsistent with this section.
    38    3.  Any  person permitted to vote early may do so at any polling place
    39  for early voting established pursuant to subdivision two of this section
    40  in the county where such voter is registered to vote. Provided, however,
    41  (a) if it is impractical to provide each polling place for early  voting
    42  all  appropriate ballots for each election to be voted on in the county,
    43  or (b) if permitting such persons to vote early  at  any  polling  place
    44  established  for  early  voting would make it impractical to ensure that
    45  such voter has not previously voted  early  during  such  election,  the
    46  board  of  elections  may  designate each polling place for early voting
    47  only for those voters registered to vote in a portion of the  county  to
    48  be  served  by  such  polling  place for early voting, provided that all
    49  voters in each county shall have one or more  polling  places  at  which
    50  they  are  eligible  to  vote  throughout  the  early voting period on a
    51  substantially equal basis.
    52    4. (a) Polls shall be open for early voting for at least  eight  hours
    53  between  six o'clock in the morning and nine o'clock in the evening each
    54  week day during the early voting period.
    55    (b) At least one polling place for  early  voting  shall  remain  open
    56  until  nine  o'clock  in  the  evening on at least two week days in each

        A. 5312                            26
 
     1  calendar week during the early voting period.   If  polling  places  for
     2  early voting are limited to voters from certain areas pursuant to subdi-
     3  vision three of this section, polling places that remain open until nine
     4  o'clock  shall be designated such that any person entitled to vote early
     5  may vote until nine o'clock in the evening on at  least  two  week  days
     6  during the early voting period.
     7    (c)  Polls  shall  be  open  for  early voting for at least five hours
     8  between nine o'clock in the morning and six o'clock in  the  evening  on
     9  each Saturday, Sunday and legal holiday during the early voting period.
    10    (d)  Nothing  in this section shall be construed to prohibit any board
    11  of elections from establishing a greater  number  of  hours  for  voting
    12  during  the  early  voting period beyond the number of hours required in
    13  this subdivision.
    14    (e) Early voting polling places and their hours of operation for early
    15  voting at a general election shall be designated by May  first  of  each
    16  year  pursuant  to  subdivision  one  of  section 4-104 of this chapter.
    17  Notwithstanding the provisions of subdivision one of  section  4-104  of
    18  this  chapter requiring poll site designation by May first, early voting
    19  polling places and their hours of  operation  for  early  voting  for  a
    20  primary or special election shall be made not later than forty-five days
    21  before such primary or special election.
    22    5. Each board of elections shall create a communication plan to inform
    23  eligible voters of the opportunity to vote early.  Such plan may utilize
    24  any  and all media outlets, including social media, and shall publicize:
    25  the location and dates and hours of operation of all polling places  for
    26  early  voting; an indication of whether each polling place is accessible
    27  to voters with physical disabilities; a clear and unambiguous notice  to
    28  voters  that  if  they cast a ballot during the early voting period they
    29  will not be allowed to vote election day;  and  if  polling  places  for
    30  early voting are limited to voters from certain areas pursuant to subdi-
    31  vision  three  of  this  section, the location of the polling places for
    32  early voting serving the voters of each particular city, town  or  other
    33  political subdivision.
    34    6.  The  form  of paper ballots used in early voting shall comply with
    35  the provisions of article seven of this chapter that are  applicable  to
    36  voting  by paper ballot on election day and such ballot shall be cast in
    37  the same manner as provided  for  in  section  8-312  of  this  article,
    38  provided,  however,  that  ballots  cast  during the early voting period
    39  shall be secured in the manner of voted ballots cast on election day and
    40  such ballots shall not be canvassed or examined until after the close of
    41  the polls on election day, and no  unofficial  tabulations  of  election
    42  results  shall  be printed or viewed in any manner until after the close
    43  of polls on election day.
    44    7. Voters casting ballots pursuant to this title shall be  subject  to
    45  challenge  as provided in sections 8-500, 8-502, 8-503 and 8-504 of this
    46  article.
    47    8. Notwithstanding any other provisions of this chapter, at the end of
    48  each day of early voting, any early voting ballots that  have  not  been
    49  scanned because a ballot scanner was not available or because the ballot
    50  has been abandoned by the voter at the ballot scanner shall be cast in a
    51  manner  consistent  with section 9-110 of this chapter, except that such
    52  ballots which cannot then be cast on a  ballot  scanner  shall  be  held
    53  inviolate and unexamined and shall be duly secured until after the close
    54  of  polls  on  election  day  when  such  ballots  shall be examined and
    55  canvassed in a manner consistent with subdivision two of  section  9-110
    56  of this chapter.

        A. 5312                            27
 
     1    9.  The  board of elections shall secure all ballots and scanners used
     2  for early voting from the beginning of the early voting  period  through
     3  the  close  of  the  polls on election day; provided, however, the state
     4  board of elections may by regulation duly adopted by a majority of  such
     5  board  establish  a  procedure  whereby  ballot  scanners used for early
     6  voting may also be used on election day if the portable  memory  devices
     7  used  during  early voting containing the early voting election informa-
     8  tion and vote tabulations are properly secured apart from the  scanners,
     9  and  the  results  therefrom  shall be duly canvassed after the close of
    10  polls on election day.
    11    10. After the close of polls on election day, inspectors or  board  of
    12  elections  employees  appointed  to  canvass  ballots  cast during early
    13  voting shall follow all relevant provisions  of  article  nine  of  this
    14  chapter  that  are  not  inconsistent with this section, for canvassing,
    15  processing, recording, and announcing results of voting at polling plac-
    16  es for early voting, and securing ballots, scanners, and other  election
    17  materials.  Such  canvass  may  occur  at  the  offices  of the board of
    18  elections, at the early voting polling  place  or  such  other  location
    19  designated by the board of elections.
    20    11.  Notwithstanding  the  requirements  of  this  title requiring the
    21  canvass of ballots cast during early voting after the close of polls  on
    22  election day, such canvass may begin one hour before the scheduled close
    23  of  polls  on election day provided the board of elections adopts proce-
    24  dures to prevent the public release of election  results  prior  to  the
    25  close  of  polls on election day and such procedures shall be consistent
    26  with the regulations of the state board of elections and shall be  filed
    27  with the state board of elections at least thirty days before they shall
    28  be effective.
    29    § 8-602. State board of elections; powers and duties for early voting.
    30  Any   rule  or  regulation  necessary  for  the  implementation  of  the
    31  provisions of this title shall be promulgated  by  the  state  board  of
    32  elections  provided  that  such  rules  and  regulations  shall  include
    33  provisions to ensure that ballots cast  early,  by  any  method  allowed
    34  under  law,  are  counted  and canvassed as if cast on election day. The
    35  state board of elections shall promulgate  any  other  rules  and  regu-
    36  lations  necessary  to ensure an efficient and fair early voting process
    37  that respects the privacy of the voter.  Provided,  further,  that  such
    38  rules  and  regulations shall require that the voting history record for
    39  each voter be continually updated to  reflect  each  instance  of  early
    40  voting by such voter.
    41    §  7. This act shall take effect on the first of January next succeed-
    42  ing the date on which it shall have become a law and shall apply to  any
    43  election held 120 days or more after it shall have taken effect.
 
    44                                   PART I
 
    45    Section  1.  Subdivision  2  of  section 5-106 of the election law, as
    46  amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
    47  follows:
    48    2.  No  person  who  has been convicted of a felony and sentenced to a
    49  period of imprisonment for such felony pursuant  to  the  laws  of  this
    50  state,  shall  have  the  right  to register for or vote at any election
    51  unless he [shall have been pardoned or restored to the rights  of  citi-
    52  zenship  by  the  governor,  or his maximum sentence of imprisonment has
    53  expired, or he has been discharged from parole. The  governor,  however,
    54  may  attach  as a condition to any such pardon a provision that any such

        A. 5312                            28

     1  person shall not have the right of suffrage until  it  shall  have  been
     2  separately  restored to him] or she has been released from incarceration
     3  for such felony or released from serving a time assessment  pursuant  to
     4  subparagraph  (x)  of  paragraph (f) of subdivision three of section two
     5  hundred fifty-nine-i of the executive law.
     6    § 2. Subdivision 3 of section 5-106 of the election law is amended  to
     7  read as follows:
     8    3.  No  person who has been convicted in a federal court, of a felony,
     9  or a crime or offense which would constitute a felony under the laws  of
    10  this  state,  and sentenced to a period of imprisonment for such felony,
    11  shall have the right to register for or vote at any election  unless  he
    12  [shall  have  been  pardoned or restored to the rights of citizenship by
    13  the president of the United States, or his maximum sentence of imprison-
    14  ment has expired, or he has been discharged from parole] or she has been
    15  released from incarceration for such felony or released from  serving  a
    16  time  assessment  pursuant  to  a  violation of parole supervision under
    17  federal jurisdiction.
    18    § 3. Subdivision 4 of section 5-106 of the election law is amended  to
    19  read as follows:
    20    4.  No  person  who has been convicted in another state for a crime or
    21  offense which would constitute a felony under the laws of this state and
    22  sentenced to a period of imprisonment for such felony,  shall  have  the
    23  right  to  register  for or vote at any election in this state unless he
    24  shall have been pardoned or restored to the rights of citizenship by the
    25  governor or other appropriate authority of such other state, or  his  or
    26  her  maximum  sentence  has  expired,  or  he  [has been discharged from
    27  parole] or she has been released from incarceration for such  felony  or
    28  released from serving a time assessment for a violation of parole super-
    29  vision   under   the   jurisdiction  of  courts,  paroling  authorities,
    30  corrections or other criminal justice agencies.
    31    § 4. Section 75 of the correction law, as amended  by  section  18  of
    32  subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
    33  read as follows:
    34    § 75. Notice of voting rights. Upon the  [discharge]  release  from  a
    35  correctional facility of any person [whose maximum sentence of imprison-
    36  ment  has  expired  or  upon  a person's discharge from community super-
    37  vision,] the department shall notify such person of his or her right  to
    38  vote and provide such person with a form of application for voter regis-
    39  tration  together  with  written information distributed by the board of
    40  elections on the importance and the mechanics of voting.
    41    § 5. The correction law is amended by adding a new section 510 to read
    42  as follows:
    43    § 510. Voting upon release. Upon the release from a local correctional
    44  facility of any person convicted of a felony  the  chief  administrative
    45  officer shall notify such person of his or her right to vote and provide
    46  such  person  with a form of application for voter registration together
    47  with written information distributed by the board of  elections  on  the
    48  importance and the mechanics of voting.
    49    §  6.  The  department  of corrections and community supervision shall
    50  notify each person serving a period  of  community  supervision  on  the
    51  effective  date of this act of his or her right to vote and provide such
    52  person with a form of application for voter registration  together  with
    53  written  information distributed by the board of elections on the impor-
    54  tance and the mechanics of voting.

        A. 5312                            29
 
     1    § 7. This act shall take effect immediately, provided,  however,  that
     2  sections  four,  five,  and six of this act shall take effect on the one
     3  hundred twentieth day after it shall have become a law.
 
     4                                   PART J
 
     5    Section  1.  Section 3-108 of the election law, subdivision 5 as added
     6  by chapter 394 of the laws of 2008, is amended to read as follows:
     7    § 3-108. Disaster; additional day for voting. 1.  A  county  board  of
     8  elections,  or  the state board of elections with respect to an election
     9  conducted in a district in the jurisdiction  of  more  than  one  county
    10  board  of  elections, may determine that, as the direct consequence of a
    11  fire, earthquake, tornado, explosion, power failure,  act  of  sabotage,
    12  enemy attack or other disaster[, less than twenty-five per centum of the
    13  registered  voters  of  any city, town or village, or if the city of New
    14  York, or any county therein, actually voted in any general election]  or
    15  state  of  emergency,  the ability of voters to vote has become, or will
    16  imminently become, impossible and such impossibility cannot be mitigated
    17  during the scheduled course of voting. Such a determination by a  county
    18  board  of  elections  shall be subject to approval by the state board of
    19  elections. If the state board of elections makes such  a  determination,
    20  it  shall notify the [board] boards of elections having jurisdiction [in
    21  that county] over that election that an additional day of election shall
    22  be held, which notice shall show: the nature of the disaster; the  coun-
    23  ty,  city,  town or village affected thereby; the number of persons duly
    24  registered to vote therein at such [general] election; and the number of
    25  persons who voted therein at such [general] election.
    26    2. The county board of elections, or the state board of elections,  as
    27  applicable, shall thereafter set a date for an additional day for voting
    28  in  the  county,  city, town or village affected by the statement, which
    29  shall not be more than twenty  days  after  the  original  date  of  the
    30  [general]  election and shall determine the hours during which the polls
    31  shall remain open on such additional day for voting; provided,  however,
    32  that  in  any event the polls shall remain open for not less than eleven
    33  hours. [The] Each county board of  elections  having  jurisdiction  over
    34  such  election shall [publish notice thereof not less than twice in each
    35  week preceding the date for the additional day for  voting,  in]  notify
    36  newspapers  as  designated  in this chapter[, and] in the week preceding
    37  the date of the additional day of voting. Such notice shall be  provided
    38  to  all  media  outlets  and  county,  town, city and village clerks and
    39  municipal attorneys not less than one week preceding  the  date  of  the
    40  additional  day  of voting and shall be posted on the board's website as
    41  soon as possible. To the extent practicable, the board shall notify  all
    42  registered  voters  by  mail. Such notice shall also direct attention to
    43  any change of polling places and shall contain such other and additional
    44  information as in the judgment of the board of elections shall be neces-
    45  sary and proper.
    46    3. Official ballots shall be provided at public expense at each  poll-
    47  ing  place for such additional day of election. In any election district
    48  in which voting machines were used upon the original day of voting, they
    49  shall be used for the additional day for  voting.  The  [original  seal]
    50  security  seals  on  such  machines  shall  not be removed nor shall the
    51  machines be unlocked until the opening of the polls  on  the  additional
    52  day  for voting and the board of elections shall provide [an] additional
    53  [seal] security seals to be used as soon as the polls are closed on such
    54  day.

        A. 5312                            30
 
     1    4. Only those persons duly registered to vote upon the  original  date
     2  of  the  [general] election who did not vote on such date shall be enti-
     3  tled to vote on the additional day for voting. Voting on the  additional
     4  day  provided  for in this section shall be accomplished solely by phys-
     5  ically  appearing  at  the  polling  place and nothing contained in this
     6  section shall be construed to extend the time set by law for casting  or
     7  canvassing  a  special,  military,  absentee, special federal or special
     8  presidential ballot; provided, however, that  nothing  contained  herein
     9  shall  be  deemed  to invalidate any special, military, absentee, [mili-
    10  tary] special federal or special presidential ballot  duly  received  on
    11  the original date of the [general] election.
    12    5.  (a)  A  county board of elections, or the state board of elections
    13  with respect to an election conducted in a political subdivision in  the
    14  jurisdiction  of  more than one county board of elections, may determine
    15  that, as the direct consequence of a fire, earthquake,  tornado,  explo-
    16  sion,  power failure, act of sabotage, enemy attack or other disaster or
    17  state of emergency, the ability to make a filing  with  respect  to  any
    18  provision of this chapter was substantially impaired. Upon making such a
    19  finding,  a  county  board of elections, or the state board of elections
    20  shall extend for a reasonable time the period for making such filing. An
    21  extension granted pursuant to this  subdivision  [granted  by  a  county
    22  board  of  elections] shall not be [subject to the approval of the state
    23  board of elections if such extension is] longer than [one] two  business
    24  [day] days.
    25    (b)  A county board of elections, or the state board of elections with
    26  respect to an election conducted  in  a  political  subdivision  in  the
    27  jurisdiction  of  more than one county board of elections, may determine
    28  that, as the direct consequence of a fire, earthquake,  tornado,  explo-
    29  sion,  power failure, act of sabotage, enemy attack or other disaster or
    30  state of emergency, the ability to convene a party caucus  on  the  date
    31  scheduled  for such caucus and make the required filings for the purpose
    32  of nominating one or more candidates was substantially impaired.    Upon
    33  making  such  a finding, a county board of elections, or the state board
    34  of elections, shall postpone for a reasonable  time  the  date  of  said
    35  party caucus and required filings. An extension granted pursuant to this
    36  subdivision  shall  not  be  longer  than  one week from the date of the
    37  originally-scheduled party caucus.
    38    (c) If an extension is granted pursuant to  this  subdivision  by  the
    39  state  board of elections, such board shall notify the respective county
    40  boards of elections of such  extension  and  post  such  notice  on  its
    41  website.
    42    (d)  The  county  board  of  elections  shall immediately notify media
    43  outlets of the extensions provided pursuant to this section,  post  such
    44  notice  to  its website and, to the extent practicable for the extension
    45  of a party caucus, post such notice at the location of  the  originally-
    46  scheduled caucus. The county board of elections shall also provide writ-
    47  ten  notice to all appropriate county, town, city and village clerks and
    48  municipal attorneys.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART K
 
    51    Section 1. Subdivision 1 of section 1-106  of  the  election  law,  as
    52  amended  by  chapter  700  of  the  laws  of 1977, is amended to read as
    53  follows:

        A. 5312                            31
 
     1    1. All papers required to be filed pursuant to the provisions of  this
     2  chapter  shall, unless otherwise provided, be filed between the hours of
     3  nine A.M. and five P.M. If the last day  for  filing  shall  fall  on  a
     4  Saturday,  Sunday  or  legal holiday, the next business day shall become
     5  the  last  day  for filing. All papers sent by mail in an envelope post-
     6  marked prior to midnight of the last day of filing shall be deemed time-
     7  ly filed and accepted for filing when received, except that all  certif-
     8  icates  and  petitions  of  designation  or  nomination, certificates of
     9  acceptance or declination of such designations or  nominations,  certif-
    10  icates  of  authorization  for such designations or nominations, certif-
    11  icates of disqualification, certificates of substitution for such desig-
    12  nations or nominations and objections and specifications  of  objections
    13  to  such  certificates and petitions required to be filed with the state
    14  board of elections or a board of elections outside of the  city  of  New
    15  York  shall  be  deemed  timely filed and accepted for filing if sent by
    16  mail or designated delivery service permitted by  subdivision  three  of
    17  this  section,  in  an envelope postmarked prior to midnight of the last
    18  day of filing and received no later than two  business  days  after  the
    19  last  day to file such certificates, petitions, objections or specifica-
    20  tions. Failure of the post office or  any  other  person  or  entity  to
    21  deliver  any  such  petition,  certificate or objection to such board of
    22  elections outside the city of New York no later than two  business  days
    23  after  the  last day to file such certificates, petitions, objections or
    24  specifications shall be  a  fatal  defect.  Excepted  further  that  all
    25  certificates and petitions of designation or nomination, certificates of
    26  acceptance  or declination of such designations and nominations, certif-
    27  icates  of  substitution  for  such  designations  or  nominations   and
    28  objections  and  specifications  of  objections to such certificates and
    29  petitions required to be filed with the board of elections of  the  city
    30  of New York must be actually received by such city board of elections on
    31  or  before  the  last  day  to  file  any  such petition, certificate or
    32  objection and such  office  shall  be  open  for  the  receipt  of  such
    33  petitions, certificates and objections until midnight on the last day to
    34  file  any  such  petition, certificate or objection. Failure of the post
    35  office or any other person or  entity  to  deliver  any  such  petition,
    36  certificate  or  objection  to such city board of elections on or before
    37  such last day shall be a fatal defect.
    38    § 2. Subdivision 1 of section 4-104 of the election law, as amended by
    39  chapter 180 of the laws of 2005, is amended to read as follows:
    40    1. Every board of elections shall, in  consultation  with  each  city,
    41  town and village, designate the polling places in each election district
    42  in  which  the  meetings  for  the  registration  of voters, and for any
    43  election may be held. The board of trustees of  each  village  in  which
    44  general  and  special  village  elections  conducted  by  the  board  of
    45  elections are held at a time other than the time of a  general  election
    46  shall submit such a list of polling places for such village elections to
    47  the  board  of  elections.  A polling place may be located in a building
    48  owned by a religious organization or used by it as a place  of  worship.
    49  If  such  a  building  is designated as a polling place, it shall not be
    50  required to be open for voter registration on any Saturday  if  this  is
    51  contrary to the religious beliefs of the religious organization. In such
    52  a  situation,  the  board  of  elections  shall  designate  an alternate
    53  location to be used for voter registration. Such polling places must  be
    54  designated  by  [May  first] March fifteenth, of each year, and shall be
    55  effective for one year thereafter. Such a list required to be  submitted
    56  by  a  village  board of trustees must be submitted at least four months

        A. 5312                            32

     1  before each general village election and shall be effective  until  four
     2  months before the subsequent general village election. No place in which
     3  a business licensed to sell alcoholic beverages for on premises consump-
     4  tion is conducted on any day of local registration or of voting shall be
     5  so  designated.  If,  within  the discretion of the board of elections a
     6  particular polling place so  designated  is  subsequently  found  to  be
     7  unsuitable  or  unsafe  or should circumstances arise that make a desig-
     8  nated polling place unsuitable or unsafe, then the board of elections is
     9  empowered to select an alternative meeting place. In  the  city  of  New
    10  York,  the  board  of  elections shall designate such polling places and
    11  alternate registration places if the polling place cannot  be  used  for
    12  voter registration on Saturdays.
    13    § 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
    14  vision  2  as amended by chapter 635 of the laws of 1990, are amended to
    15  read as follows:
    16    1. The state board of elections shall, [at least eight  months  before
    17  each]  by  February first in the year of each general election, make and
    18  transmit to the board of elections of each county, a certificate stating
    19  each office, except county, city, village and town offices to  be  voted
    20  for at such election in such county.
    21    2.  Each  county, city, village and town clerk, [at least eight months
    22  before each] by February first in the year  of  each  general  election,
    23  shall  make and transmit to the board of elections a certificate stating
    24  each county, city, village or town office, respectively to be voted  for
    25  at  each  such election. Each village clerk, at least five months before
    26  each general village election conducted by the board of elections, shall
    27  make, and transmit to such board, a  certificate  stating  each  village
    28  office to be filled at such election.
    29    §  4.    Paragraph b of subdivision 1 of section 4-108 of the election
    30  law, as amended by chapter 117 of the laws of 1985, is amended  to  read
    31  as follows:
    32    b. Whenever any proposal, proposition or referendum as provided by law
    33  is  to  be  submitted  to  a vote of the people of a county, city, town,
    34  village or special district, at an election conducted by  the  board  of
    35  elections, the clerk of such political subdivision, at least [thirty-six
    36  days] three months prior to the general election at which such proposal,
    37  proposition  or  referendum  is  to be submitted, shall transmit to each
    38  board of elections a certified copy of the text of such proposal, propo-
    39  sition or referendum and a statement of the form in which it  is  to  be
    40  submitted.  If  a special election is to be held, such transmittal shall
    41  also give the date of such election.
    42    § 5.  Section 4-110 of the election law, as amended by chapter 434  of
    43  the laws of 1984, is amended to read as follows:
    44    §  4-110. Certification of primary election candidates; state board of
    45  elections. The state board of  elections  not  later  than  [thirty-six]
    46  fifty-five  days before a primary election, shall certify to each county
    47  board of elections: The name and residence of each candidate to be voted
    48  for within the political subdivision of such board  for  whom  a  desig-
    49  nation  has  been filed with the state board; the title of the office or
    50  position for which the candidate is designated; the name  of  the  party
    51  upon whose primary ballot his or her name is to be placed; and the order
    52  in  which the names of the candidates are to be printed as determined by
    53  the state board. Where  an  office  or  position  is  uncontested,  such
    54  certification shall state such fact.
    55    § 6. Subdivision 1 of section 4-112 of the election law, as amended by
    56  chapter 4 of the laws of 2011, is amended to read as follows:

        A. 5312                            33
 
     1    1.  The  state  board of elections, not later than [thirty-six] fifty-
     2  five days before a  general  election,  or  fifty-three  days  before  a
     3  special  election,  shall  certify to each county board of elections the
     4  name and residence of each candidate nominated in any valid  certificate
     5  filed with it or by the returns canvassed by it, the title of the office
     6  for which nominated; the name of the party or body specified of which he
     7  or  she  is a candidate; the emblem chosen to distinguish the candidates
     8  of the party or body; and a notation as to whether or not any litigation
     9  is pending concerning the candidacy. Upon the  completion  of  any  such
    10  litigation,  the  state  board  of  elections shall forthwith notify the
    11  appropriate county boards of elections of  the  results  of  such  liti-
    12  gation.
    13    §  7.    Section 4-114 of the election law, as amended by chapter 4 of
    14  the laws of 2011, is amended to read as follows:
    15    § 4-114. Determination of candidates and questions;  county  board  of
    16  elections.  The  county  board of elections, not later than the [thirty-
    17  fifth] fifty-fourth day before the day of a primary or general election,
    18  or the fifty-third day before a special election,  shall  determine  the
    19  candidates duly nominated for public office and the questions that shall
    20  appear on the ballot within the jurisdiction of that board of elections.
    21    § 8. Subdivision 1 of section 5-604 of the election law, as amended by
    22  chapter 28 of the laws of 2010, is amended to read as follows:
    23    1.  The  board  of elections shall also cause to be published for each
    24  election district a complete list  of  the  registered  voters  of  each
    25  election  district.  Such  list  shall,  in  addition to the information
    26  required for registration lists, include the party  enrollment  of  each
    27  voter.  At  least  as  many copies of such list shall be prepared as the
    28  required minimum number of registration lists.
    29    Lists for all the election districts in a ward  or  assembly  district
    30  may  be  bound together in one volume. The board of elections shall also
    31  cause to be published a complete list of names and  residence  addresses
    32  of  the registered voters, including the party enrollment of each voter,
    33  for each town and city over which the board has jurisdiction. The  names
    34  for each town and city may be arranged according to street and number or
    35  alphabetically.  Such  lists  shall be published before the first day of
    36  [April] February.  The board shall keep at least five copies for  public
    37  inspection  at  each  main office or branch office of the board. Surplus
    38  copies of the lists shall be sold at a charge not exceeding the cost  of
    39  publication.
    40    §  9.  Paragraph  a  of subdivision 5 of section 5-708 of the election
    41  law, as added by chapter 659 of the laws of 1994, is amended to read  as
    42  follows:
    43    a.  At  least  once each year during the month of [May] February, each
    44  board of elections shall obtain through the National Change  of  Address
    45  System,  the  forwarding  address  for  every voter registered with such
    46  board of elections for whom the United States Postal Service has such  a
    47  forwarding  address  together  with the name of each such voter whom the
    48  Postal Service records indicate has moved from the address at  which  he
    49  is registered without leaving a forwarding address.
    50    §  10.  Subdivision 1 of section 6-108 of the election law, as amended
    51  by chapter 160 of the laws of 1996, is amended to read as follows:
    52    1. In any town in a county having a population of over  seven  hundred
    53  fifty  thousand inhabitants, as shown by the latest federal decennial or
    54  special population census, party  nominations  of  candidates  for  town
    55  offices  shall  be  made  at  the primary preceding the election. In any
    56  other town, nominations of candidates for town offices shall be made  by

        A. 5312                            34
 
     1  caucus  or  primary  election as the rules of the county committee shall
     2  provide, except that the members of the county committee from a town may
     3  adopt by a two-thirds vote, a rule providing that the  party  candidates
     4  for  town  offices shall be nominated at the primary election. If a rule
     5  adopted by the county committee of a political party or by  the  members
     6  of  the county committee from a town, provides that party candidates for
     7  town offices, shall be nominated at a primary election, such rule  shall
     8  not  apply  to  nor  affect a primary held less than four months after a
     9  certified copy of the rule shall have  been  filed  with  the  board  of
    10  elections.  After  the filing of such a rule, the rule shall continue in
    11  force until a certified copy of a rule revoking the same shall have been
    12  filed with such board at least four months before a subsequent  primary.
    13  Such  a  caucus  shall  be  held  no earlier than the first day on which
    14  designating petitions for the [fall] primary election may be signed.
    15    § 11. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
    16  amended  by  chapter  434  of  the  laws of 1984, are amended to read as
    17  follows:
    18    1. The name of a person designated on more  than  one  petition  as  a
    19  candidate for a party position to be filled by two or more persons shall
    20  be  printed on the ballot with the group of candidates designated by the
    21  petition first filed unless such person, in a certificate duly  acknowl-
    22  edged by him or her and filed with the board of elections not later than
    23  the  [eighth]  tenth Tuesday preceding the primary election or five days
    24  after the board of elections mails such person  notice  of  his  or  her
    25  designation in more than one group, whichever is later, specifies anoth-
    26  er group in which his or her name shall be printed.
    27    2.  A  person  designated as a candidate for the position of member of
    28  the county committee in more than one election district shall be  deemed
    29  to  have been designated in the lowest numbered election district unless
    30  such person, in a certificate duly acknowledged by him or her, and filed
    31  with the board of elections not later than the  [eighth]  tenth  Tuesday
    32  preceding the primary election or five days after the board of elections
    33  mails  such  person  notice  of  his or her designation in more than one
    34  election district whichever is later, specifies that he or she wishes to
    35  be deemed designated in a different election district.
    36    § 12. Subdivisions 1, 4, 5, 9, 11, 12 and 14 of section 6-158  of  the
    37  election  law, subdivisions 1, 4, 11 and 12 as amended by chapter 434 of
    38  the laws of 1984 and subdivision 9 as amended by chapter 517 of the laws
    39  of 1986, are amended to read as follows:
    40    1. A designating petition shall be filed not earlier than the  [tenth]
    41  thirteenth  Monday before, and not later than the [ninth] twelfth Thurs-
    42  day preceding the primary election.
    43    4. A petition of enrolled members of a party requesting an opportunity
    44  to write in the name of an undesignated candidate for a public office or
    45  party position at a primary election shall be filed not later  than  the
    46  [eighth]  eleventh  Thursday  preceding  the  primary election. However,
    47  where a designating petition has been filed and the person named therein
    48  has declined such designation and another person has been designated  to
    49  fill  the  vacancy, then in that event, a petition for an opportunity to
    50  ballot in a primary election shall be filed not later than the [seventh]
    51  tenth Thursday preceding such primary election.
    52    5. A judicial district convention shall be held not earlier than  [the
    53  Tuesday  following  the  third Monday in September preceding the general
    54  election and not later than the fourth  Monday  in  September  preceding
    55  such election] ten days following the deadline pursuant to section twen-
    56  ty-one  of  article  VI of the state constitution for the vacancy in the

        A. 5312                            35
 
     1  office of the supreme court to occur and still be  filled  at  the  next
     2  general election and not later than six days after such earliest date to
     3  hold such convention.
     4    9. A petition for an independent nomination for an office to be filled
     5  at  the  time  of  a  general  election  shall be filed not earlier than
     6  [twelve] twenty-three weeks and not later than [eleven] twenty-two weeks
     7  preceding such election. A petition for an independent nomination for an
     8  office to be filled at a special election shall be filed not later  than
     9  twelve  days  following the issuance of a proclamation of such election.
    10  [A petition for trustee of the Long  Island  Power  Authority  shall  be
    11  filed  not earlier than seven weeks and not later than six weeks preced-
    12  ing the day of the election of such trustees.]
    13    11. A certificate of acceptance or declination of an independent nomi-
    14  nation for an office to be filled at the  time  of  a  general  election
    15  shall  be  filed not later than the third day after the [eleventh] twen-
    16  ty-second Tuesday preceding such election except that  a  candidate  who
    17  files  such  a  certificate  of acceptance for an office for which there
    18  have been filed certificates or  petitions  designating  more  than  one
    19  candidate for the nomination of any party, may thereafter file a certif-
    20  icate  of  declination  not  later  than the third day after the primary
    21  election.  A certificate of acceptance or declination of an  independent
    22  nomination  for  an  office  to be filled at a special election shall be
    23  filed not later than fourteen days following the issuance of a proclama-
    24  tion of such election.
    25    12. A certificate to fill a vacancy caused  by  a  declination  of  an
    26  independent  nomination  for  an  office  to  be filled at the time of a
    27  general election shall be filed not later than the sixth day  after  the
    28  [eleventh]  twenty-second Tuesday preceding such election. A certificate
    29  to fill a vacancy caused by a declination of an  independent  nomination
    30  for  an  office  to  be  filled at a special election shall be filed not
    31  later than sixteen days following the issuance of a proclamation of such
    32  election.
    33    14. A vacancy occurring three months before [September  twentieth  of]
    34  the  general  election in any year in any office authorized to be filled
    35  at a general election, except in the offices  of  governor,  lieutenant-
    36  governor,  or  United  States  senator  shall  be  filled at the general
    37  election held next thereafter, unless otherwise provided by the  consti-
    38  tution, or unless previously filled at a special election.
    39    §  13.  Subdivision 6 of section 6-158 of the election law, as amended
    40  by chapter 79 of the laws of 1992, is amended to read as follows:
    41    6. (a) A certificate of a party nomination  made  other  than  at  the
    42  primary  election  for  an  office to be filled at the time of a general
    43  election shall be filed not later than [seven]  thirty  days  after  the
    44  fall  primary  election, (b) except that a certificate of nomination for
    45  an office which becomes vacant after  the  seventh  day  preceding  such
    46  primary  election  shall  be filed not later than [fourteen] thirty days
    47  after the primary election or ten days after the creation of such vacan-
    48  cy, whichever is later, and (c) except, further, that a  certificate  of
    49  party  nomination of candidates for elector of president and vice-presi-
    50  dent of the United States shall be filed not later than [fourteen] sixty
    51  days [after the fall primary]  before  the  general  election,  and  (d)
    52  except  still  further  that a certificate of party nomination made at a
    53  judicial district convention shall be filed not later than the day after
    54  the last day to hold such convention and the minutes of such convention,
    55  duly certified by the chairman and  secretary,  shall  be  filed  within
    56  seventy-two  hours after adjournment of the convention. A certificate of

        A. 5312                            36
 
     1  party nomination for an office to be filled at a special election  shall
     2  be  filed  not later than ten days following the issuance of a proclama-
     3  tion of such election.
     4    § 14.  Paragraph (a) of subdivision 1 of section 8-100 of the election
     5  law, as amended by chapter 17 of the laws of 2007, is amended to read as
     6  follows:
     7    (a)  A  primary  election[, to be known as the fall primary,] shall be
     8  held on the [first] fourth Tuesday [after the second Monday] in [Septem-
     9  ber] June before every general election unless otherwise changed  by  an
    10  act  of  the legislature. Members of the state and county committees and
    11  assembly district leaders and associate district leaders and  all  other
    12  party  positions  to be elected shall be elected at such primary and all
    13  nominations for public office required to be made at a primary  election
    14  in  such year shall be made at such primary. In each year in which elec-
    15  tors of president and vice president of the  United  States  are  to  be
    16  elected an additional primary election, to be known as the spring prima-
    17  ry,  shall  be  held  on  the first Tuesday in February unless otherwise
    18  changed by an act of the legislature, for the purpose of electing deleg-
    19  ates to the national convention[, members of state and county committees
    20  and assembly district leaders and associate assembly district leaders].
    21    § 15.   Paragraph (a) of  subdivision  1  of  section  10-108  of  the
    22  election law, as amended by chapter 4 of the laws of 2011, is amended to
    23  read as follows:
    24    (a)  Ballots for military voters shall be mailed or otherwise distrib-
    25  uted by the board of elections, in accordance with the preferred  method
    26  of  transmission  designated  by the voter pursuant to section 10-107 of
    27  this article, as soon as practicable but in any  event  not  later  than
    28  [thirty-two] forty-six days before a primary or general election[; twen-
    29  ty-five days before], a New York city community school board district or
    30  city of Buffalo school district election; fourteen days before a village
    31  election conducted by the board of elections; and forty-five days before
    32  a  special  election.  A voter who submits a military ballot application
    33  shall be entitled to a military ballot thereafter  for  each  subsequent
    34  election  through and including the next two regularly scheduled general
    35  elections held in even numbered years, including any run-offs which  may
    36  occur;  provided,  however,  such application shall not be valid for any
    37  election held within seven days after its receipt.   Ballots shall  also
    38  be  mailed to any qualified military voter who is already registered and
    39  who requests such military ballot from such  board  of  elections  in  a
    40  letter,  which  is  signed  by  the  voter  and received by the board of
    41  elections not later than the seventh day before the election  for  which
    42  the  ballot is requested and which states the address where the voter is
    43  registered and the address to which the ballot  is  to  be  mailed.  The
    44  board  of elections shall enclose with such ballot a form of application
    45  for military ballot. In the case of a primary election, the board  shall
    46  deliver  only  the  ballot of the party with which the military voter is
    47  enrolled according to the military voter's registration records. In  the
    48  event a primary election is uncontested in the military voter's election
    49  district  for  all  offices  or  positions  except the party position of
    50  member of the ward, town, city or county committee, no ballot  shall  be
    51  delivered  to  such  military  voter for such election; and the military
    52  voter shall be advised of the reason why he or she will  not  receive  a
    53  ballot.
    54    § 16.  Subdivision 4 of section 11-204 of the election law, as amended
    55  by chapter 4 of the laws of 2011, is amended to read as follows:

        A. 5312                            37
 
     1    4. If the board of elections shall determine that the applicant making
     2  the application provided for in this section is qualified to receive and
     3  vote a special federal ballot, it shall, as soon as practicable after it
     4  shall  have so determined, or not later than [thirty-two] forty-six days
     5  before  each  general  or  primary  election [and forty-five days before
     6  each] or special election in which such applicant is qualified to  vote,
     7  or  three days after receipt of such an application, whichever is later,
     8  mail to him or her at the residence address outside  the  United  States
     9  shown  in  his  or  her  application, a special federal ballot, an inner
    10  affirmation envelope and an outer envelope, or otherwise distribute same
    11  to the voter in accordance with the  preferred  method  of  transmission
    12  designated  by  the  voter pursuant to section 11-203 of this title. The
    13  board of elections shall also mail, or otherwise distribute  in  accord-
    14  ance  with  the preferred method of transmission designated by the voter
    15  pursuant to section 11-203 of this title, a special  federal  ballot  to
    16  every  qualified special federal voter who is already registered and who
    17  requests such special federal ballot from such board of elections  in  a
    18  letter,  which  is  signed  by  the  voter  and received by the board of
    19  elections not later than the seventh day before the election  for  which
    20  the  ballot  is  first  requested and which states the address where the
    21  voter is registered and the address to which the ballot is to be mailed.
    22  The board of elections shall enclose with such ballot a form of applica-
    23  tion for a special federal ballot.
    24    § 17. Subdivisions 1 and 4 of section 42 of the public  officers  law,
    25  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
    26  sion  4  as  amended  by chapter 317 of the laws of 1954, are amended to
    27  read as follows:
    28    1. A vacancy occurring three months before  [September  twentieth  of]
    29  the  general  election in any year in any office authorized to be filled
    30  at a general election, except in the offices of governor or  lieutenant-
    31  governor,  shall be filled at the general election held next thereafter,
    32  unless otherwise provided by  the  constitution,  or  unless  previously
    33  filled at a special election.
    34    4.  A  special  election  shall  not  be held to fill a vacancy in the
    35  office of a representative in congress unless such vacancy occurs on  or
    36  before  the first day of July of the last year of the term of office, or
    37  unless it occurs thereafter and a special session of congress is  called
    38  to  meet before the next general election, or be called after [September
    39  nineteenth of] three months before the general election  in  such  year;
    40  nor to fill a vacancy in the office of state senator or in the office of
    41  member  of  assembly,  unless the vacancy occurs before the first day of
    42  April of the last year of the term of  office,  or  unless  the  vacancy
    43  occurs in either such office of senator or member of assembly after such
    44  first day of April and a special session of the legislature be called to
    45  meet between such first day of April and the next general election or be
    46  called after three months before the next general election [or be called
    47  after  September nineteenth] in such year. If a special election to fill
    48  an office shall not be held as required by  law,  the  office  shall  be
    49  filled at the next general election.
    50    § 18. This act shall take effect immediately.
 
    51                                   PART L
 
    52    Section  1.  The election law is amended by adding a new section 3-112
    53  to read as follows:

        A. 5312                            38
 
     1    § 3-112. State reimbursement for additional expenses relating to early
     2  voting, enhanced language access and  expanded  primary  hours.  1.  The
     3  state  shall  reimburse counties and the city of New York for additional
     4  costs directly associated with the implementation and administration of:
     5    (a)  early voting pursuant to title six of article eight of this chap-
     6  ter; and
     7    (b) enhanced language access for certain  limited  English  proficient
     8  and  non-English speaking residents of such counties or city pursuant to
     9  section 3-507 of this chapter.
    10    2. The state also shall reimburse  affected  counties  for  additional
    11  costs  directly associated with the implementation and administration of
    12  that portion of section three of part H of a chapter of the laws of  two
    13  thousand seventeen entitled the "New York votes act" that amended subdi-
    14  vision  two of section 8-100 of this chapter to expand hours for primary
    15  elections held in such counties.
    16    3. Reimbursement of expenses by the state pursuant to subdivisions one
    17  and two of this section shall be made only upon written  application  of
    18  such  counties  or  the  city  of New York filed with the state board of
    19  elections. Such application shall, at  a  minimum,  include  a  detailed
    20  description  and  itemization  of  the additional costs and expenses for
    21  which reimbursement is sought and such other information  as  the  state
    22  board of elections may require. To the extent applicable, such reimburs-
    23  able costs may include additional clerical costs, maintenance and opera-
    24  tion  costs,  as well as salaries of local board of elections personnel,
    25  poll inspectors, ballot and sample  ballot  production  and  such  other
    26  additional  costs  that  may accrue in fulfilling the statutory require-
    27  ments referenced in subdivisions one and two of this section.
    28    4. The state board  of  elections  shall  approve  such  reimbursement
    29  provided  it  conforms  to  standards  relating to the administration of
    30  elections.
    31    5. State aid shall be granted to the city of New York and the  respec-
    32  tive counties outside the city of New York pursuant to this section only
    33  to  the  extent  of reimbursing one hundred per centum of the additional
    34  expenditures incurred by the county or city in complying with the statu-
    35  tory requirements  referenced  in  subdivisions  one  and  two  of  this
    36  section.
    37    6. The state board of elections shall promulgate rules and regulations
    38  in  furtherance  of these provisions in accordance with section 3-102 of
    39  this title.
    40    § 2. This act shall take effect immediately.
    41    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    42  sion, section or part of this act shall be  adjudged  by  any  court  of
    43  competent  jurisdiction  to be invalid, such judgement shall not affect,
    44  impair, or invalidate the remainder thereof, but shall  be  confined  in
    45  its  operation  to the clause, sentence, paragraph, subdivision, section
    46  or part thereof directly involved  in  the  controversy  in  which  such
    47  judgement  shall  have  been  rendered.  It is hereby declared to be the
    48  intent of the legislature that this act would have been enacted even  if
    49  such invalid provisions had not been included herein.
    50    §  4.  This  act shall take effect immediately provided, however, that
    51  the applicable effective date of Parts A through L of this act shall  be
    52  as specifically set forth in the last section of such Parts.
Go to top