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S02538 Summary:

BILL NOS02538C
 
SAME ASSAME AS A05972-A
 
SPONSORGIANARIS
 
COSPNSRADDABBO, AVELLA, COMRIE, DILAN, ESPAILLAT, HAMILTON, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KRUEGER, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS
 
MLTSPNSR
 
Amd El L, generally
 
Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
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S02538 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2538--C
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 26, 2015
                                       ___________
 
        Introduced by Sens. GIANARIS, ADDABBO, AVELLA, COMRIE, DILAN, ESPAILLAT,
          HAMILTON,  HASSELL-THOMPSON,  HOYLMAN,  KENNEDY,  KRUEGER, MONTGOMERY,
          PARKER, PERALTA, PERKINS, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Elections  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Elections in  accordance  with  Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend  the election law, in relation to enacting the "voter
          empowerment act of New York"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "voter empowerment act of New York".
     3    § 2. Section 5-104 of the election law is  amended  by  adding  a  new
     4  subdivision 3 to read as follows:
     5    3. The provisions set forth in subdivision one of this section regard-
     6  ing the right of students to register and vote shall be interpreted in a
     7  manner  consistent with the constitutional requirement that each citizen
     8  must be permitted to vote in that community which is the "locus  of  ...
     9  primary concern" to that citizen at the time of the election. According-
    10  ly,  a  student attending a college or university in this state shall be
    11  permitted to retain his or her parental residence for voting purposes if
    12  the parental community  remains  the  locus  of  the  student's  primary
    13  concern or, in the alternative, a student shall be permitted to register
    14  and  vote  from  his  or  her residence within the college or university
    15  community if he or she regards the college or university as the communi-
    16  ty of primary concern.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03180-16-6

        S. 2538--C                          2
 
     1    § 3. The election law is amended by adding a new section 5-200 to read
     2  as follows:
     3    §  5-200.  Automatic  voter registration. 1. Notwithstanding any other
     4  manner of registration required by this  article,  each  person  in  the
     5  state qualified to vote pursuant to section 5-102 of this article, shall
     6  be  automatically  registered  to  vote  as  provided  in  this section,
     7  provided that the person does not elect to decline registration to  vote
     8  at the point of service.
     9    2.  The  state  board  of elections or county board of elections shall
    10  register to vote or update the registration record of any person in  the
    11  state  qualified  to  vote pursuant to section 5-102 of this article who
    12  does not elect to decline registration to vote or update  the  registra-
    13  tion record at the point of service and does any of the following:
    14    (a)  completes  an  application for a new or renewed driver's license,
    15  non-driver  identification  card,  pre-licensing   course   certificate,
    16  learner's permit or certification of supervised driving with the depart-
    17  ment  of  motor  vehicles,  or  notifies such department in writing of a
    18  change of his or her name or address;
    19    (b) completes an application for services, renewal or  recertification
    20  for  services, or change of address relating to such services from agen-
    21  cies designated in section 5-211 of this title;
    22    (c) completes an application for services, renewal or  recertification
    23  for  services,  or  change of address relating to such services from any
    24  municipal housing authority as set forth  in  article  thirteen  of  the
    25  public housing law;
    26    (d)  registers  for classes at institutions of the state university of
    27  New York and the city university of New York;
    28    (e) completes a maximum sentence of imprisonment or is discharged from
    29  parole;
    30    (f) completes an application for unemployment insurance;
    31    (g) becomes a member or employee of the New York division of  military
    32  and naval affairs; or
    33    (h)  completes  an  application with any other state or federal agency
    34  designated as a source agency pursuant to paragraph (b)  of  subdivision
    35  three of this section.
    36    3. (a) The term "source agency" includes the department of motor vehi-
    37  cles, any government agency designated pursuant to section 5-211 of this
    38  title,  the  state university of New York and the city university of New
    39  York, all public housing authorities listed in article thirteen  of  the
    40  public  housing  law, the department of corrections and community super-
    41  vision, the department of labor, the New York division of  military  and
    42  naval  affairs and any agency designated by the state board of elections
    43  pursuant to paragraph (b) of this subdivision.
    44    (b) The state board of elections may designate additional state  agen-
    45  cies to serve as sources for voter registration. In designating an agen-
    46  cy under this paragraph, the state board of elections shall consider:
    47    (i)  the  likelihood  that  source  records  reflect a large number of
    48  eligible citizens;
    49    (ii) the extent to which source records reflect eligible citizens  who
    50  would  not  otherwise  be  registered  under  the act to modernize voter
    51  registration;
    52    (iii) the accuracy of personal identification data in source  records;
    53  and
    54    (iv)  any additional factors designated by the chief election official
    55  as reasonably related to  accomplishing  the  purposes  of  the  act  to
    56  modernize voter registration.

        S. 2538--C                          3
 
     1    4.  The  state  board of elections and the source agencies shall enter
     2  into agreements to ensure that for each person described in  subdivision
     3  two  of this section, each source agency electronically transmits to the
     4  state or local boards of elections the following information in a format
     5  that can be read by the computerized statewide voter registration list:
     6    (a) given name or names and surname or surnames;
     7    (b) mailing address and residential address;
     8    (c) date of birth;
     9    (d) citizenship;
    10    (e)  driver's  license  or non-driver identification card number, last
    11  four digits of the person's social security number, or a space  for  the
    12  person to indicate that he or she does not have any such number;
    13    (f) political party enrollment, if any;
    14    (g)  an  indication  that  the person intends to apply for an absentee
    15  ballot, if any; and
    16    (h) an image of the person's signature.
    17    In the event that any transmission of data pursuant  to  this  section
    18  fails to include an image of an individual's signature, the absence of a
    19  signature  shall  not  preclude the registration of an eligible citizen.
    20  The board of elections shall develop procedures to  enable  an  eligible
    21  citizen,  whose  information is transmitted pursuant to this section and
    22  whose information lacks an electronic signature, to provide a  signature
    23  at  the  polling  place  or  with  an application for an absentee ballot
    24  before voting. The board may require an elector who has not  provided  a
    25  signature before arriving at the polling place or submitting an absentee
    26  ballot  to present a current and valid photo identification or a copy of
    27  a current utility bill, bank statement, government check,  paycheck,  or
    28  other government document that shows the name and address of the voter.
    29    5.  If an agency does not routinely request information concerning the
    30  citizenship status of individuals, it shall maintain records  sufficient
    31  to transmit to the board of elections indications of United States citi-
    32  zenship  for  each  person described in subdivision two of this section,
    33  but shall not retain, use, or share any such information relating to  an
    34  individual's citizenship for any other purpose.
    35    6.  Each  source  agency  shall  include  for each person described in
    36  subdivision two of this section a statement that  he  or  she  shall  be
    37  registered to vote, if he or she is not already so registered, provided,
    38  however,  that each source agency shall provide each person described in
    39  subdivision two of this section the  opportunity  to  elect  to  decline
    40  registration to vote at the point of service, and upon such election, he
    41  or  she  shall  not  be registered to vote pursuant to the procedures in
    42  this section at that time.
    43    7. The state board  of  elections  shall  prepare  and  distribute  to
    44  participating  agencies written instructions as to the implementation of
    45  the program and shall be responsible for establishing training  programs
    46  for  employees of source agencies listed in this section. Training shall
    47  include requirements that employees of any source agency communicate  to
    48  each  individual  identified in subdivision two of this section that the
    49  source agency maintains strict neutrality with  respect  to  a  person's
    50  party  enrollment  and  all persons seeking voter registration forms and
    51  information shall be advised that government  services  are  not  condi-
    52  tioned  on being registered to vote, or eligibility to register to vote.
    53  No statement shall be made nor any action taken to discourage the appli-
    54  cant from registering to vote.
    55    8. The agreements between the state board of elections and the  source
    56  agencies shall include the format in which information will be transmit-

        S. 2538--C                          4
 
     1  ted, whether and how each entity will collect, in addition to the manda-
     2  tory  information listed in subdivision four of this section, additional
     3  information on a voluntary basis from persons for the purpose of facili-
     4  tating  voter  registration,  the  frequency  of data transmissions, the
     5  procedures, and other measures that will be used to ensure the  security
     6  and  privacy of the information transmitted, and any other matter neces-
     7  sary or helpful to implement the requirements of this section.
     8    9. Each  source  agency  shall  cooperate  with  the  state  board  of
     9  elections  and  county board of elections to facilitate the voter regis-
    10  tration of each person described in subdivision two of this section, and
    11  to electronically transmit the information needed to register each  such
    12  person  to  vote  or  to  update  each  such person's voter registration
    13  record.
    14    10. Each source agency shall enter into an agreement  with  the  state
    15  board of elections finalizing the format and content of electronic tran-
    16  smissions  required  by  this section no later than September first, two
    17  thousand seventeen; provided, that each source agency shall be  able  to
    18  comply  fully  with  all  requirements  of  this  section, including the
    19  collection and transmission of all data required to register individuals
    20  to vote, by January first, two thousand eighteen.
    21    § 4. 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 transmit 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    § 5. 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
    55  least ten days before a primary, special or  general  election,  then  a

        S. 2538--C                          5
 
     1  voter  may  vote in accordance with subdivision three-d of section 8-302
     2  of this chapter.
     3    § 6. Subdivision 1 of section 4-117 of the election law, as amended by
     4  chapter 288 of the laws of 2009, is amended to read as follows:
     5    1.  The  board  of elections, between August first and August fifth of
     6  each year, shall send by first class mail on which is endorsed  "ADDRESS
     7  CORRECTION  REQUESTED"  and  which contains a request that any such mail
     8  received for persons not residing at the address be dropped back in  the
     9  mail,  a  communication,  in  a  form  approved  by  the  state board of
    10  elections, to every registered voter who has been registered  without  a
    11  change  of  address  since  the  beginning of such year, except that the
    12  board of elections shall not be required to send such communications  to
    13  voters  in  inactive status. The communication shall notify the voter of
    14  the days and hours of the ensuing primary  and  general  elections,  the
    15  place  where  he  appears  by his registration records to be entitled to
    16  vote, the fact that voters who have moved or will have  moved  from  the
    17  address  where  they  were last registered must [re-register or, that if
    18  such move was to another address in the same county or city,  that  such
    19  voter  may]  either  notify the board of elections of his new address or
    20  vote by paper ballot at the polling place for his new  address  even  if
    21  such  voter  has  not  re-registered, or otherwise notified the board of
    22  elections of the change of address. If the location of the polling place
    23  for the voter's election district  has  been  moved,  the  communication
    24  shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
    25  BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
    26  indicate whether the polling place is accessible to physically  disabled
    27  voters, that a voter who will be out of the city or county on the day of
    28  the  primary  or  general  election  or a voter who is ill or physically
    29  disabled may obtain an absentee ballot, that a physically disabled voter
    30  whose polling place is not accessible may request that his  registration
    31  record  be moved to an election district which has a polling place which
    32  is accessible, the phone number to  call  for  applications  to  move  a
    33  registration  record  or  for  absentee  ballot  applications, the phone
    34  number to call for the location of registration and polling places,  the
    35  phone  number  to call to indicate that the voter is willing to serve on
    36  election day as an election inspector, poll  clerk,  interpreter  or  in
    37  other  capacities, the phone number to call to obtain an application for
    38  registration  by  mail,  and  such  other  information  concerning   the
    39  elections  or  registration as the board may include. In lieu of sending
    40  such communication to every registered voter, the board of elections may
    41  send a single communication to a  household  containing  more  than  one
    42  registered  voter,  provided that the names of all such voters appear as
    43  part of the address on such communication.
    44    § 7. Paragraph (a) of subdivision 1 of section 5-400 of  the  election
    45  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    46  as follows:
    47    (a) Moved his or her residence outside the [city or county in which he
    48  is registered] state.
    49    § 8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400  of
    50  the  election  law,  paragraphs  (b)  and (d) as added by section 20 and
    51  paragraph (c) as added and paragraph (d) as relettered by section 22  of
    52  chapter 659 of the laws of 1994, are amended to read as follows:
    53    (b)  A  notice that the registrant has moved to an address outside the
    54  [city or county] state which is signed by the registrant and sent to the
    55  board of elections.

        S. 2538--C                          6
 
     1    (c) A notice signed by the registrant which states  that  such  regis-
     2  trant  has  moved  to  an address outside the [city or county] state and
     3  that such change of address is for voter registration purposes.
     4    (d)  A  notice  from  a board of elections or other voter registration
     5  officer or agency that such  person  has  registered  to  vote  from  an
     6  address outside [such city or county] the state.
     7    § 9. Subdivision 3 of section 5-210 of the election law, as amended by
     8  chapter 255 of the laws of 2015, is amended to read as follows:
     9    3.  Completed  application  forms,  when  received  by  any  board  of
    10  elections and, with respect to  application  forms  promulgated  by  the
    11  federal  election  commission,  when  received  by  the  state  board of
    12  elections, or showing a dated cancellation mark  of  the  United  States
    13  Postal  Service or contained in an envelope showing such a dated cancel-
    14  lation mark which is not later than the [twenty-fifth] tenth day  before
    15  the  next  ensuing primary, general or special election, and received no
    16  later than the [twentieth] fifth day before such election, or  delivered
    17  in person to such board of elections not later than the tenth day before
    18  a  special  election,  shall  entitle  the  applicant  to  vote  in such
    19  election, if he or she is otherwise qualified, provided,  however,  such
    20  applicant  shall  not vote on a voting machine until his or her identity
    21  is verified. Any board of elections receiving an application form from a
    22  person who does not reside in its jurisdiction but who does reside else-
    23  where in the state of New York, shall forthwith forward such application
    24  form to the proper board of elections. Each  board  of  elections  shall
    25  make  an  entry  on  each  such  form of the date it is received by such
    26  board.
    27    § 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of  the
    28  election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
    29  graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
    30  2008, are amended and a new paragraph (n) is added to read as follows:
    31    (g)  Notice that the applicant must be a citizen of the United States,
    32  is [or will be at least eighteen years old not later than December thir-
    33  ty-first of the calendar year in which he or  she  registers]  at  least
    34  sixteen  years  old when he or she submits an application to register to
    35  vote and a resident of the county or city to which application is made.
    36    (k) The form shall also include space for the  following  information,
    37  which must be contained on the inside of the form after it is folded for
    38  mailing:
    39    (i) A space for the applicant to indicate whether or not he or she has
    40  ever voted or registered to vote before and, if so, the approximate year
    41  in which such applicant last voted or registered and his or her name and
    42  address at the time.
    43    (ii) The name and residence address of the applicant including the zip
    44  code and apartment number, if any.
    45    (iii) The date of birth of the applicant.
    46    (iv) A space for the applicant to indicate his or her driver's license
    47  or  department  of motor vehicles non-driver photo ID number or the last
    48  four digits of his or her social security number or,  if  the  applicant
    49  does  not have either such number, a space for the applicant to indicate
    50  he or she does not have either.
    51    (v) A space for the applicant to indicate whether or not he or she  is
    52  a citizen of the United States and the statement "If you checked "no" in
    53  response to this question, do not complete this form."
    54    (vi) [A space for the applicant to answer the question "Will you be 18
    55  years  of  age  on  or  before  election day?" and the statement "If you

        S. 2538--C                          7

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

        S. 2538--C                          8
 
     1  election, the board shall verify the identity of  the  applicant  within
     2  five  days  or before such election, whichever shall be sooner. In order
     3  to do so, the county board of elections shall  utilize  the  information
     4  provided in the application and shall attempt to verify such information
     5  with  the  information  provided  by  the  department of motor vehicles,
     6  social security administration and any other lawful  available  informa-
     7  tion  source.  If  the county board of elections is unable to verify the
     8  identity of the applicant within twenty-one days of the receipt  of  the
     9  application,  it shall immediately take steps to confirm that the infor-
    10  mation provided by the applicant was accurately utilized by such  county
    11  board  of  elections,  was  accurately  verified  with other information
    12  sources and that no data entry error, or other similar  type  of  error,
    13  occurred.  Following completion of the preceding steps, the county board
    14  of elections shall mail (a) a notice of its approval, (b)  a  notice  of
    15  its  approval  which  includes an indication that such board has not yet
    16  been able to verify the identity of the applicant and a request for more
    17  information so that such verification may be completed, or (c) a  notice
    18  of  its rejection of the application to the applicant in a form approved
    19  by the state  board  of  elections.  Notices  of  approval,  notices  of
    20  approval  with  requests  for  more  information or notices of rejection
    21  shall be sent by nonforwardable first class or return postage guaranteed
    22  mail on which is  endorsed  "ADDRESS  CORRECTION  REQUESTED"  and  which
    23  contains  a request that any such mail received for persons not residing
    24  at the address be dropped back in the mail. The voter's registration and
    25  enrollment shall be complete upon receipt  of  the  application  by  the
    26  appropriate  county board of elections. The failure of a county board of
    27  elections to verify an applicant's identity shall not be the  basis  for
    28  the  rejection  of  a  voter's application, provided, however, that such
    29  verification failure shall be the basis for requiring  county  board  of
    30  elections  to  take  the  additional verification steps provided by this
    31  chapter. The notice shall also advise the registrant of  the  date  when
    32  his  registration and enrollment is effective, of the date and the hours
    33  of the next regularly scheduled primary or general election in which  he
    34  will  be  eligible  to vote, of the location of the polling place of the
    35  election district in which he is or will be a qualified  voter,  whether
    36  such  polling  place  is accessible to physically handicapped voters, an
    37  indication that physically handicapped voters or voters who are  ill  or
    38  voters  who  will be out of the city or county on the day of the primary
    39  or general election, may obtain an absentee ballot and the phone  number
    40  to  call for absentee ballot applications, the phone numbers to call for
    41  location of polling places, to obtain registration forms and  the  phone
    42  number  to  call  to  indicate  that  the  voter  is willing to serve on
    43  election day as an inspector, poll clerk or interpreter. The  notice  of
    44  approval, notice of approval with request for more information or notice
    45  of  rejection  shall  also  advise  the applicant to notify the board of
    46  elections if there is any inaccuracy. The form of such mail notification
    47  shall be prescribed by the state board of elections  and  shall  contain
    48  such  other information and instructions as it may reasonably require to
    49  carry out the purposes of this section. The request for more information
    50  shall inform the voter  that  "THE  FAILURE  TO  CONTACT  THE  BOARD  OF
    51  ELECTIONS  AND  CORRECT  ANY  INACCURACIES IN THE APPLICATION OR PROVIDE
    52  REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
    53  TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such
    54  notice  is  returned  undelivered without a new address, the board shall
    55  forthwith send such applicant a  confirmation  notice  pursuant  to  the
    56  provisions  of section 5-712 of this article and place such applicant in

        S. 2538--C                          9
 
     1  inactive status. The state board  of  elections  shall  prepare  uniform
     2  notices  by this section as provided for in subdivision eight of section
     3  3-102 of this chapter.
     4    11. If the county board of elections suspects or believes that for any
     5  reason  the applicant is not entitled to registration and enrollment, it
     6  shall make inquiry in reference thereto. If the board of elections shall
     7  find that the applicant is not qualified to  register  and  enroll,  the
     8  application  shall  be  rejected  and  the  applicant  notified  of such
     9  rejection and the reason therefor, no later than ten days before the day
    10  of the first primary or general election  occurring  at  least  [twenty-
    11  five]  ten  days after the filing of the application, except that if the
    12  application was submitted between twenty-five and ten  days  before  the
    13  day  of  the  first primary or general election, such board shall notify
    14  the applicant at least five days before such election.
    15    14. Notwithstanding the entry by the county board of elections on  the
    16  registration  poll record of the information contained on an application
    17  form prescribed by this section, such entry shall not preclude the coun-
    18  ty board of elections from subsequently rejecting the application if  it
    19  is  not  satisfied that the applicant is entitled to register and enroll
    20  as provided by this section, provided that the applicant is notified  of
    21  such  rejection  and  reasons therefor no later than ten days before the
    22  day of the first primary or general election occurring at  least  [twen-
    23  ty-five] ten days after the filing of such application form, except that
    24  if the application was submitted between twenty-five and ten days before
    25  the day of the first primary or general election, such board shall noti-
    26  fy the applicant at least five days before such election.
    27    §  12.  The  opening  paragraph  and subdivisions 11 and 12 of section
    28  5-211 of the election law, the opening paragraph as amended  by  chapter
    29  265 of the laws of 2013, subdivision 11 as amended by chapter 200 of the
    30  laws  of  1996 and subdivision 12 as added by chapter 659 of the laws of
    31  1994, are amended to read as follows:
    32    Each agency designated as a participating agency under the  provisions
    33  of this section shall implement and administer a program of distribution
    34  of  voter registration forms pursuant to the provisions of this section.
    35  The following offices which provide  public  assistance  and/or  provide
    36  state funded programs primarily engaged in providing services to persons
    37  with  disabilities are hereby designated as voter registration agencies:
    38  designated as the state agencies which provide public assistance are the
    39  office of children and family services,  the  office  of  temporary  and
    40  disability  assistance  and the department of health. Also designated as
    41  public assistance agencies are all agencies  of  local  government  that
    42  provide  such  assistance.  Designated  as  state  agencies that provide
    43  programs primarily engaged in providing services to people with disabil-
    44  ities are the department of labor, office for  the  aging,  division  of
    45  veterans'  affairs,  office  of  mental health, office of vocational and
    46  educational services for individuals with  disabilities,  commission  on
    47  quality of care for the mentally disabled, office [of mental retardation
    48  and]  for  people  with  developmental  disabilities, commission for the
    49  blind, office of alcoholism and substance abuse services, the office  of
    50  the  advocate for the disabled and all offices which administer programs
    51  established or funded by  such  agencies.  Additional  [state]  agencies
    52  designated  as  voter  registration  offices are the department of state
    53  [and], the division of workers' compensation, the  state  university  of
    54  New  York,  the city university of New York, all public housing authori-
    55  ties listed in article thirteen of the public housing law,  the  depart-
    56  ment  of corrections and community supervision and the New York division

        S. 2538--C                         10
 
     1  of military and naval affairs. Such agencies shall be required to  offer
     2  voter  registration  forms  to and provide for automatic voter registra-
     3  tion, pursuant to section 5-200 of this title, for persons upon  initial
     4  application  for  services,  renewal or recertification for services and
     5  change of address relating to such services. Such agencies shall also be
     6  responsible for providing assistance to applicants in  completing  voter
     7  registration forms, receiving and transmitting the completed application
     8  form  from  all applicants who wish to have such form transmitted to the
     9  appropriate board of elections. The  state  board  of  elections  shall,
    10  together  with representatives of the department of defense, develop and
    11  implement procedures for including  recruitment  offices  of  the  armed
    12  forces  of  the  United  States  as voter registration offices when such
    13  offices are so designated by federal law. The  state  board  shall  also
    14  make request of the United States Immigration and Naturalization Service
    15  to  include  applications  for  registration  by mail with any materials
    16  which are given to new citizens. [All institutions of the state  univer-
    17  sity  of  New  York  and  the city university of New York, shall, at the
    18  beginning of the school year, and again in January of a  year  in  which
    19  the president of the United States is to be elected, provide an applica-
    20  tion  for  registration  to  each student in each such institution.] The
    21  state board of elections may, by regulation, grant a waiver from any  or
    22  all  of  the requirements of this section to any office or program of an
    23  agency, if it determines that it is not  feasible  for  such  office  or
    24  program to administer such requirement.
    25    11.  The  participating  agency shall transmit [the completed applica-
    26  tions for registration and change  of  address  forms]  all  information
    27  collected  pursuant  to  section  5-200 of this title to the appropriate
    28  board of elections not later than ten days after receipt except that all
    29  such completed applications and forms received by the agency between the
    30  thirtieth and twenty-fifth day before an election shall  be  transmitted
    31  in such manner and at such time as to assure their receipt by such board
    32  of elections not later than the twentieth day before such election.
    33    12.  [Completed  application  forms,  when  received]  All information
    34  collected pursuant to section 5-200 of this  title  by  a  participating
    35  agency  not  later  than  the  twenty-fifth  day before the next ensuing
    36  primary, general or special election and transmitted by such  agency  to
    37  the  appropriate  board  of  elections so that they are received by such
    38  board not later than the twentieth day before such election shall  enti-
    39  tle the applicant to vote in such election provided the board determines
    40  that the applicant is otherwise qualified.
    41    §  13. Subdivisions 11 and 12 of section 5-211 of the election law, as
    42  amended by section twelve of this act, are amended to read as follows:
    43    11. The participating agency shall transmit all information  collected
    44  pursuant  to  section  5-200  of  this title to the appropriate board of
    45  elections not later than ten days after receipt  except  that  all  such
    46  completed  applications  and  forms  received  by the agency between the
    47  [thirtieth] fifteenth and [twenty-fifth] tenth day  before  an  election
    48  shall  be transmitted in such manner and at such time as to assure their
    49  receipt by such board of elections not later than the [twentieth]  fifth
    50  day before such election.
    51    12.  All information collected pursuant to section 5-200 of this title
    52  by a participating agency not later than the  [twenty-fifth]  tenth  day
    53  before  the next ensuing primary, general or special election and trans-
    54  mitted by such agency to the appropriate board of elections so that they
    55  are received by such board not later  than  the  [twentieth]  fifth  day
    56  before  such  election  shall  entitle  the  applicant  to  vote in such

        S. 2538--C                         11
 
     1  election provided the board determines that the applicant  is  otherwise
     2  qualified.
     3    §  14. Subdivision 14 of section 5-211 of the election law, as amended
     4  by chapter 200 of the laws of 1996, is amended and two new  subdivisions
     5  18 and 19 are added to read as follows:
     6    14.  Applications  shall be processed by the board of elections in the
     7  manner prescribed by [section] sections 5-200 and 5-210  of  this  title
     8  or,  if the applicant is already registered to vote from another address
     9  in the county or city, in the manner prescribed by section 5-208 of this
    10  title.   The board shall send the  appropriate  notice  of  approval  or
    11  rejection  as  required by either subdivision nine of such section 5-210
    12  or subdivision five of such section 5-208.
    13    18. All colleges, universities and public school districts located  in
    14  this state shall make voter registration forms available to any students
    15  eligible  to  register  or  pre-register  to vote under paragraph (g) of
    16  subdivision five of section 5-210 of this title in the same  manner  and
    17  subject  to  the  same provisions and rules and regulations as all other
    18  designated agencies under this section; except that a college, universi-
    19  ty or public school district that  is  not  otherwise  designated  as  a
    20  source  agency  pursuant  to  section  5-200  of this title shall not be
    21  required to collect or maintain forms containing a person's  declination
    22  to  register  to vote as required by subdivision ten of this section, or
    23  to conduct a study and report thereon as required by subdivision  seven-
    24  teen of this section.
    25    19.  The state board of elections or, in the city of New York, the New
    26  York city board of elections, shall provide to public colleges,  univer-
    27  sities, and school districts a sufficient quantity of coded voter regis-
    28  tration  applications that identify each such application as originating
    29  from either a public college, university, or school district. The  state
    30  board of elections shall provide for the delivery of such coded applica-
    31  tions by the first day of August of each year to each college, universi-
    32  ty, or school district covered by this chapter, except that the New York
    33  city  board  of  elections  shall provide and deliver such forms to each
    34  participating public university, college, or school district located  in
    35  the  city of New York. Every board of elections scanning voter registra-
    36  tion forms shall capture any designated agency codes thereon and  report
    37  them on a monthly basis to the state board of elections which shall make
    38  such detailed information available to the public.
    39    §  15.  Subdivisions  6  and  7  of section 5-212 of the election law,
    40  subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
    41  sion 7 as added by chapter 659 of the laws of 1994, are amended to  read
    42  as follows:
    43    6.  The  department  of motor vehicles shall transmit [that portion of
    44  the form which constitutes the completed application for registration or
    45  change of address form] all information collected  pursuant  to  section
    46  5-200 of this title to the appropriate board of elections not later than
    47  ten  days  after receipt except that all such completed applications and
    48  forms received by the department between the thirtieth and  twenty-fifth
    49  day  before  an election shall be transmitted in such manner and at such
    50  time as to assure their receipt by such board  of  elections  not  later
    51  than  the  twentieth  day before such election.   All transmittals shall
    52  include original signatures or an electronic image thereof  as  required
    53  by subdivision four of section 5-200 of this title.
    54    7.  [Completed  application  forms received] All information collected
    55  pursuant to section 5-200 of this title by the department of motor vehi-
    56  cles not later than the twenty-fifth day before the next ensuing  prima-

        S. 2538--C                         12
 
     1  ry,  general  or  special election and transmitted by such department to
     2  the appropriate board of elections so that they are received  not  later
     3  than  the twentieth day before such election shall entitle the applicant
     4  to  vote  in such election provided the board determines that the appli-
     5  cant is otherwise qualified.
     6    § 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
     7  amended by section fifteen of this act, are amended to read as follows:
     8    6.  The  department  of  motor vehicles shall transmit all information
     9  collected pursuant to section 5-200 of this  title  to  the  appropriate
    10  board of elections not later than ten days after receipt except that all
    11  such completed applications and forms received by the department between
    12  the  [thirtieth]  fifteenth  and  [twenty-fifth]  tenth  day  before  an
    13  election shall be transmitted in such manner and  at  such  time  as  to
    14  assure  their  receipt  by  such  board  of elections not later than the
    15  [twentieth] fifth day before such  election.    All  transmittals  shall
    16  include  original  signatures or an electronic image thereof as required
    17  by subdivision four of section 5-200 of this title.
    18    7. All information collected pursuant to section 5-200 of  this  title
    19  by  the  department  of motor vehicles not later than the [twenty-fifth]
    20  tenth day before the next ensuing primary, general or  special  election
    21  and transmitted by such department to the appropriate board of elections
    22  so  that  they  are  received  not  later than the [twentieth] fifth day
    23  before such election  shall  entitle  the  applicant  to  vote  in  such
    24  election  provided  the board determines that the applicant is otherwise
    25  qualified.
    26    § 17. Subdivision 3 of section 5-213 of the election law,  as  amended
    27  by chapter 200 of the laws of 1996, is amended to read as follows:
    28    3.  The  board of elections shall restore the registration of any such
    29  voter to active status if such voter notifies  the  board  of  elections
    30  that he resides at the address from which he is registered, or the board
    31  finds  that  such  voter  has validly signed a designating or nominating
    32  petition which states that he resides at such address, or if such  voter
    33  casts  a ballot in an affidavit envelope which states that he resides at
    34  such address, or if the board receives notice that such voter has  voted
    35  in  an  election  conducted with registration lists prepared pursuant to
    36  the provisions of section 5-612 of this article.  If any such  notifica-
    37  tion  or  information  is  received  [twenty]  ten days or more before a
    38  primary, special or general election, the voter's name must be  restored
    39  to active status for such election.
    40    §  18.  Subdivision 3 of section 5-304 of the election law, as amended
    41  by chapter 90 of the laws of 1991, is amended to read as follows:
    42    3. A change of enrollment received by the board of elections,  showing
    43  a  dated  cancellation  mark  of  the  United  States  Postal Service or
    44  contained in an envelope showing such cancellation mark which is  dated,
    45  not  later  than the twenty-fifth day before the [general election shall
    46  be deposited in a sealed enrollment box, which shall not be opened until
    47  the first Tuesday  following  such  general  election.  Such  change  of
    48  enrollment  shall  be then removed and entered as provided in this arti-
    49  cle] next ensuing primary, general or special election, and received  no
    50  later  than the fifth day before such election or delivered in person to
    51  such county board of elections not later than the  tenth  day  before  a
    52  primary,  general  or  special  election,  shall  be  effective for such
    53  election. Enrollment changes shall be entered as provided in this  arti-
    54  cle  and  shall  be  deemed  to  take effect on the tenth day after such
    55  change of enrollment is received by the board of  elections  or  if  the
    56  change  of  enrollment,  or  the  envelope  containing it, bears a dated

        S. 2538--C                         13
 
     1  cancellation mark of the United States Postal Service, such change shall
     2  be entered and shall be deemed to take effect on the tenth day after the
     3  date of such mark, whichever is earlier; except that no change will take
     4  effect  sooner  than  the  fifth day after the receipt of such change of
     5  enrollment by the board of elections.
     6    § 19. The opening paragraph of  paragraph  (e)  of  subdivision  3  of
     7  section 8-302 of the election law, as amended by chapter 125 of the laws
     8  of 2011, is amended to read as follows:
     9    Whenever  a  voter  presents  himself  or herself and offers to cast a
    10  ballot, and he or she claims to live in the election district  in  which
    11  he or she seeks to vote but no registration poll record can be found for
    12  him  or her in the poll ledger or his or her name does not appear on the
    13  computer generated registration list or his or her  signature  does  not
    14  appear  next  to his or her name on such computer generated registration
    15  list or his or her registration poll record or  the  computer  generated
    16  registration  list  does not show him or her to be enrolled in the party
    17  in which he or she claims to be enrolled and the voter is not  otherwise
    18  eligible  to cast an affidavit ballot pursuant to subdivision three-d of
    19  this section, a poll clerk or election inspector shall  consult  a  map,
    20  street  finder  or  other  description  of all of the polling places and
    21  election districts  within  the  political  subdivision  in  which  said
    22  election  district  is  located  and  if necessary, contact the board of
    23  elections to obtain the relevant information and advise the voter of the
    24  correct polling place and election district for  the  residence  address
    25  provided  by  the voter to such poll clerk or election inspector. There-
    26  after, such voter shall be permitted to vote in said  election  district
    27  only as hereinafter provided:
    28    §  20.  Section  8-302  of the election law is amended by adding a new
    29  subdivision 3-d to read as follows:
    30    3-d. A person appearing on election day whose name cannot be found  or
    31  whose  information  is  incomplete  or  incorrect on the statewide voter
    32  registration list and who affirms that that he or she interacted with  a
    33  source agency listed in subdivision three of section 5-200 of this chap-
    34  ter  and  consented  to voter registration shall be permitted to cast an
    35  affidavit ballot. Such affidavit ballot shall be counted if at the poll-
    36  ing place, the person presents proof of identity and evidence of  regis-
    37  tering to vote or performing any of the activities specified in subdivi-
    38  sion  two  of section 5-200 of this chapter, and there is no affirmative
    39  proof that the person is ineligible to register  to  vote  or  that  the
    40  person  did  not  register or perform any of the activities specified in
    41  subdivision two of section 5-200 of this chapter.
    42    (a) A person may swear to and subscribe to an affidavit  stating  that
    43  the  person has registered to vote or performed any of the activities in
    44  subdivision two of section 5-200 of this chapter and  consented  to  use
    45  agency  information  for  voter  registration.  That  affidavit shall be
    46  sufficient evidence of registering to vote  or  performing  any  of  the
    47  activities specified in subdivision two of section 5-200 of this chapter
    48  for the purposes of this section.
    49    (b)  A  person without identification may swear to and subscribe to an
    50  affidavit stating that the person did not present documentary  proof  of
    51  identity,  but  that all of the identifying information on the affidavit
    52  ballot envelope is complete and accurate. That affidavit shall be suffi-
    53  cient evidence of identity for the purposes of this section.  Nothing in
    54  this subdivision shall be deemed to override the provisions of  subdivi-
    55  sion two-a of this section governing the requirements for a person whose
    56  name appears in the computer generated registration list with a notation

        S. 2538--C                         14
 
     1  indicating that the voter's identity was not yet verified as required by
     2  the federal Help America Vote Act.
     3    § 21. Subdivision 11 of section 5-614 of the election law, as added by
     4  chapter 24 of the laws of 2005, is amended to read as follows:
     5    11.  The  state  board  of elections shall establish a statewide voter
     6  [hotline using information available through the statewide voter  regis-
     7  tration  list  for  voters  to  obtain information regarding their voter
     8  registration] registration information system available through a secure
     9  public website accessible  from  the  website  of  the  state  board  of
    10  elections  and  through  a  toll-free telephone number maintained by the
    11  state board of elections. The information system shall:
    12    a. allow any voter:
    13    (i) to review the voter registration information  represented  on  the
    14  statewide voter registration list for that voter;
    15    (ii) to submit a confidential request to correct or update the voter's
    16  voter  registration  information,  which shall be sent to the applicable
    17  county board of elections; and
    18    (iii) to determine the location of the  polling  place  to  which  the
    19  voter is assigned;
    20    b. provide an interface that allows any person:
    21    (i) to determine the location of the polling place associated with any
    22  residential address within the state; and
    23    (ii)  to  determine  whether he or she is represented on the statewide
    24  voter registration list; and
    25    c. provide a secure website interface that allows any eligible citizen
    26  who is not represented on the statewide voter registration list to  view
    27  the notices contained on an application form under section 5-210 of this
    28  article  and  to  confidentially submit, through the interface, the data
    29  collected on such application form to the state board of elections. Upon
    30  receipt of such data, the state board of  elections  shall  forward  the
    31  information  to the local board of elections of the county or city where
    32  the citizen resides. Such data shall be processed as an application form
    33  submitted by mail pursuant to section 5-210 of this article, subject  to
    34  the  requirements of section 303(b) of the Help America Vote Act of 2002
    35  (42 U.S.C. § 15483(b)), except that the absence of a  written  signature
    36  shall  not  render  the application incomplete or otherwise preclude the
    37  registration of an eligible citizen.
    38    For any eligible citizen attempting  to  use  the  system  established
    39  under  this subdivision to submit information that will not be processed
    40  as valid for the proximate election, the system must notify the  citizen
    41  at  the  time of the submission that the update will not take effect for
    42  the proximate election. If the citizen is attempting to use  the  system
    43  established  under this subdivision to correct or update voter registra-
    44  tion information under this section, the system  must  also  notify  the
    45  citizen  that  he  or she may use the election-day procedure provided in
    46  subdivision three-d of section 8-302 of this chapter.
    47    The board of elections shall develop procedures to enable an  eligible
    48  citizen  who  submits  an  application  pursuant to this subdivision and
    49  whose application lacks an electronic signature to provide  a  signature
    50  at  the  polling  place  or  with  an application for an absentee ballot
    51  before voting. The board of elections may require an elector who has not
    52  provided a signature before arriving at the polling place or  submitting
    53  an  absentee  ballot to present a current and valid photo identification
    54  or a copy of a current utility bill, bank statement,  government  check,
    55  paycheck,  or  other government document that shows the name and address
    56  of the voter.

        S. 2538--C                         15
 
     1    § 22. Subdivision 3 of section 8-510 of the election law,  as  amended
     2  by chapter 43 of the laws of 1988, is amended to read as follows:
     3    3.  The  inspectors  shall place such completed report, and each court
     4  order, if any, directing that a person be permitted to  vote,  and  each
     5  affidavit  completed pursuant to subdivision three-d of section 8-302 of
     6  this article, inside a ledger of registration records or computer gener-
     7  ated registration lists between the front cover, and the first registra-
     8  tion record and then shall close and seal each  ledger  of  registration
     9  records  or computer generated registration lists, affix their signature
    10  to the seal, lock such ledger in the carrying case  furnished  for  that
    11  purpose  and  enclose  the keys in a sealed package or seal such list in
    12  the envelope provided for that purpose.
    13    § 23. The election law is amended by adding a new  section  17-138  to
    14  read as follows:
    15    §  17-138. Discrimination and harassment. No person acting under color
    16  of any provision of law may harass or  discriminate  against  or  assist
    17  others in harassing or discriminating against any person on the basis of
    18  the  information supplied by the person for voter registration purposes,
    19  a person's declination to register to vote or to supply information  for
    20  voter  registration  purposes,  or a person's absence from the statewide
    21  voter registration list except as required to  administer  elections  or
    22  enforce election laws.
    23    §  24.  Subdivision 1 of section 3-220 of the election law, as amended
    24  by chapter 104 of the laws of 2010, is amended to read as follows:
    25    1. All registration  records,  certificates,  lists,  and  inventories
    26  referred to in, or required by, this chapter shall be public records and
    27  open  to  public inspection under the immediate supervision of the board
    28  of elections or its employees and subject to such reasonable regulations
    29  as such board may impose, provided, however, that  no  data  transmitted
    30  pursuant  to  section 5-200 of this chapter shall be considered a public
    31  record open to public inspection solely by reason  of  its  transmission
    32  and  that  the  following  information  shall not be released for public
    33  inspection:
    34    (a) any voter's signature;
    35    (b) the personal residence and contact information of  any  voter  for
    36  whom any provision of law requires confidentiality;
    37    (c)  any  portion of a voter's driver's license number, [department of
    38  motor vehicle] non-driver [photo ID] identification card number,  social
    39  security  number  and facsimile number [shall not be released for public
    40  inspection];
    41    (d) any voter's telephone number; and
    42    (e) any voter's email address.  No such records shall  be  handled  at
    43  any  time  by  any person other than a member of a registration board or
    44  board of inspectors  of  elections  or  board  of  elections  except  as
    45  provided by rules imposed by the board of elections.
    46    § 25. Subdivision 4 of section 3-212 of the election law is amended by
    47  adding two new paragraphs (c) and (d) to read as follows:
    48    (c)  Said annual report, as required by paragraph (a) of this subdivi-
    49  sion, shall also include:
    50    (1) the number of records that have been received, transmitted, trans-
    51  ferred, updated, or corrected pursuant to section 5-200 of this chapter,
    52  by source;
    53    (2) the number of records received under section 5-200 of  this  chap-
    54  ter,  by source, that do not relate to persons identified as eligible to
    55  vote;

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

        S. 2538--C                         17
 
     1  this act shall take  effect  January  1,  2017;  provided  further  that
     2  sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
     3  of this act shall take effect January 1, 2018.   Effective  immediately,
     4  any  rules,  regulations  and  agreements  necessary  to  implement  the
     5  provisions of this act on its effective date are authorized and directed
     6  to be completed on or before such date.
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