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).
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.
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.
