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A05061 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      March 2, 2023
          LEMONDES, SIMPSON, GALLAHAN, BRABENEC -- Multi-Sponsored by --  M.  of
          A.  K. BROWN,  DeSTEFANO -- read once and referred to the Committee on
          Election Law

        AN ACT to amend the election law, in relation to  the  registration  and
          enrollment of voters
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The election law is amended by adding a new  section  5-217
     2  to read as follows:
     3    §  5-217.  Additional registration. 1. In addition to any other method
     4  of voter registration provided for in this article, any qualified person
     5  may apply for registration and enrollment by application made simultane-
     6  ously and integrated  with  an  application  for  any  type  of  hunting
     7  license, a fishing license, and any combination of both.
     8    2.  The department of environmental conservation, with the approval of
     9  the state board of elections, shall design a form or forms which  shall,
    10  in  addition  to  eliciting  such  information as may be required by the
    11  department of environmental conservation for a  hunting  license  and/or
    12  fishing  license,  serve  as an application for registration and enroll-
    13  ment, or a registration necessitated by a change of residence. The  cost
    14  of  such forms shall be borne by the department of environmental conser-
    15  vation.
    16    3. The voter registration portion of such forms shall:
    17    (a) not  require  any  information  that  duplicates  the  information
    18  required  on  the  application for the license portion and shall require
    19  only such additional information, including the  applicant's  signature,
    20  as  will enable election officials to assess the applicant's eligibility
    21  to register to vote, prevent duplicate registration  and  to  administer
    22  voter registration and other parts of the election process;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5061                             2
     1    (b)  include  a  statement  of  the eligibility requirements for voter
     2  registration and shall require the applicant to attest  by  his  or  her
     3  signature that he or she meets such requirements under penalty of perju-
     4  ry; and
     5    (c)  inform  the  applicant,  in  print  identical to that used in the
     6  attestation section of the following:
     7    (i) voter eligibility requirements;
     8    (ii) penalties for submission of false registration application;
     9    (iii) that the office  where  the  applicant  registers  shall  remain
    10  confidential  and the information shall be used only for voter registra-
    11  tion purposes;
    12    (iv) if the applicant declines to register,  his  or  her  declination
    13  shall  remain  confidential  and  be  used  only  for voter registration
    14  purposes.
    15    4. Included on the form or on a separate form shall be:
    16    (a) the question, "If you are not registered to vote  where  you  live
    17  now, would you like to apply to register here today";
    18    (b) boxes for the applicant to check to indicate whether the applicant
    19  would like to register or decline to register to vote;
    20    (c)  the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
    22  TIME.";
    23    (d)  the  statement,  "If you would like help in filling out the voter
    24  registration application form, we will help you. The decision whether to
    25  seek or accept help is yours. You may fill out the application  form  in
    26  private.";
    27    (e)  the  statement,  "If you believe that someone has interfered with
    28  your right to register or decline to register to  vote,  your  right  to
    29  privacy  in  deciding  whether to register or in applying to register to
    30  vote, or your right to choose your own political party  or  other  poli-
    31  tical  preference,  you  may  file  a  complaint with the state board of
    32  elections (address and toll free telephone number)."; and
    33    (f) a toll free number at the state board of  elections  that  can  be
    34  called for answers to registration questions.
    35    5.  The  form  containing the declination to register to vote shall be
    36  retained by the department of environmental conservation  for  the  same
    37  period  of  time as such department retains the accompanying application
    38  for services or for such shorter period of time as may  be  approved  by
    39  the state board of elections.
    40    6.  The  department  of environmental conservation shall transmit that
    41  portion of the form which  constitutes  the  completed  application  for
    42  registration  or  change  of  address  form  to the appropriate board of
    43  elections not later than ten days after receipt  except  that  all  such
    44  completed  applications and forms received by the department of environ-
    45  mental conservation between the thirtieth and twenty-fifth day before an
    46  election shall be transmitted in such manner and  at  such  time  as  to
    47  assure their receipt by such board of elections not later than the twen-
    48  tieth  day before such election. All transmittals shall include original
    49  signatures.
    50    7. Completed application forms received by the department of  environ-
    51  mental  conservation not later than the twenty-fifth day before the next
    52  ensuing primary, general or special election  and  transmitted  by  such
    53  department  to  the  appropriate  board  of  elections  so that they are
    54  received not later than the twentieth day  before  such  election  shall
    55  entitle the applicant to vote in such election provided the board deter-
    56  mines that the applicant is otherwise qualified.

        A. 5061                             3
     1    8.  Disclosure of voter registration information, including a declina-
     2  tion to register, by the department of environmental  conservation,  its
     3  agents  or  employees, for other than voter registration purposes, shall
     4  be deemed an unwarranted invasion of personal privacy  pursuant  to  the
     5  provisions of subdivision two of section eighty-nine of the public offi-
     6  cers law and shall constitute a violation of this chapter.
     7    9.  Application  forms shall be processed by the board of elections in
     8  the manner prescribed by section 5-210 of this title or, if  the  appli-
     9  cant  is  already registered to vote from another address in such county
    10  or city, in the manner prescribed by section 5-208 of  this  title.  The
    11  board  shall  send  the  appropriate  notice of approval or rejection as
    12  required by either subdivision nine of such section 5-210 or subdivision
    13  five of such section 5-208.
    14    10. Strict neutrality with respect  to  a  person's  party  enrollment
    15  shall be maintained and all persons seeking voter registration forms and
    16  information  shall  be  advised  that government services are not condi-
    17  tioned on being registered to vote.
    18    11. No statement shall be made nor any action taken to discourage  the
    19  applicant from registering to vote.
    20    12. The department of environmental conservation shall provide to each
    21  person  who  chooses  to  register  to vote the same level of assistance
    22  provided to persons in connection with the completion  of  the  agency's
    23  own forms, unless such person refuses such assistance.
    24    13.  The  state  board  of  elections shall adopt such rules and regu-
    25  lations as may be necessary  to  carry  out  the  requirements  of  this
    26  section. The board shall also adopt such rules and regulations as may be
    27  necessary  to  require county boards and the department of environmental
    28  conservation to provide the state board with such information  and  data
    29  as  the board deems necessary to assess compliance with this section and
    30  to compile such statistics as may be required by the  federal  elections
    31  commission.
    32    14.  The  state board of elections shall develop and distribute public
    33  information and promotional  materials  relating  to  the  purposes  and
    34  implementation of this program.
    35    15.  The  state board of elections shall prepare and distribute to the
    36  department of environmental conservation written instructions as to  the
    37  implementation  of the program and shall be responsible for establishing
    38  training programs for  employees  of  the  department  of  environmental
    39  conservation involved in such program.
    40    16.  The  commissioner  of  environmental  conservation shall take all
    41  actions which are necessary and proper for the  implementation  of  this
    42  section.  The commissioner of environmental conservation shall designate
    43  one person within the agency as the agency voter registration  coordina-
    44  tor  who  will,  under the direction of the state board of elections, be
    45  responsible for the voter registration program in such agency.
    46    § 2. This act shall take effect on the one hundred eightieth day after
    47  it shall have become a law. Effective immediately, the addition,  amend-
    48  ment and/or repeal of any rule or regulation necessary for the implemen-
    49  tation  of  this act on its effective date are authorized to be made and
    50  completed on or before such effective date.
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