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A08626 Summary:

BILL NOA08626
 
SAME ASSAME AS S06631
 
SPONSORWalker
 
COSPNSRPeoples-Stokes, Pichardo, Richardson, Barron, Solages, Davila, Mosley, Joyner, Perry, Sepulveda, Robinson, Hyndman, Rodriguez, Lupardo, Gottfried, Simon, Seawright, Steck, Jaffee, Cahill, Colton, Crespo, Bichotte, Blake, Rosenthal, Williams, Jean-Pierre
 
MLTSPNSRBuchwald, Cook, Englebright, Glick, Hooper, Lifton, Magee, Ramos, Ryan
 
Amd El L, generally
 
Relates to creating the "modernized voter registration act of New York"; modernizes voter registration; promotes access to voting for individuals with disabilities; protects the ability of individuals to exercise the right to vote in elections for local and state office and makes an appropriation therefor.
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A08626 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8626
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 23, 2015
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to  amend  the  election  law, in relation to modernizing voter
          registration, promoting access to voting for individuals with disabil-
          ities, protecting the ability of individuals to exercise the right  to
          vote  in elections for local and state office; and making an appropri-
          ation therefor
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the "modernized
     2  voter registration act of New York".
     3    §  2.  The  election  law is amended by adding ten new sections 5-200,
     4  5-232, 5-234, 5-236, 5-238, 5-240, 5-242, 5-244, 5-246 and 5-248 to read
     5  as follows:
     6    § 5-200. Automated voter registration. 1.  Notwithstanding  any  other
     7  manner  of  registration  required  by  this article, each person in the
     8  state qualified to vote pursuant to section 5-102 of this article, shall
     9  be automatically  registered  to  vote  as  provided  in  this  section,
    10  provided that the person consents to voter registration.
    11    2.  The  state  board  of elections or county board of elections shall
    12  register to vote or update the registration record of any person in  the
    13  state  qualified  to  vote pursuant to section 5-102 of this article who
    14  consents to the registration or update and does any of the following:
    15    (a) completes an application for a new or  renewed  driver's  license,
    16  non-driver   identification   card,  pre-licensing  course  certificate,
    17  learner's permit or certification of supervised driving with the depart-
    18  ment of motor vehicles, or notifies such  department  in  writing  of  a
    19  change of his or her name or address;
    20    (b)  completes an application for services, renewal or recertification
    21  for services, or change of address relating to such services from  agen-
    22  cies designated in section 5-211 of this title;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13168-02-5

        A. 8626                             2
 
     1    (c)  completes an application for services, renewal or recertification
     2  for services, or change of address relating to such  services  from  any
     3  municipal  housing  authority  as  set  forth in article thirteen of the
     4  public housing law;
     5    (d)  registers  for classes at institutions of the state university of
     6  New York or the city university of New York;
     7    (e) completes a maximum sentence of imprisonment or is discharged from
     8  parole;
     9    (f) completes an application for unemployment insurance;
    10    (g) becomes a member or employee of the New York division of  military
    11  and naval affairs; or
    12    (h)  completes  an  application with any other state or federal agency
    13  designated as a source agency pursuant to paragraph (b)  of  subdivision
    14  three of this section.
    15    3. (a) The term "source agency" includes the department of motor vehi-
    16  cles, any government agency designated pursuant to section 5-211 of this
    17  title,  the  state university of New York and the city university of New
    18  York, all public housing authorities listed in article thirteen  of  the
    19  public  housing  law, the department of corrections and community super-
    20  vision, the department of labor, the New York division of  military  and
    21  naval  affairs and any agency designated by the state board of elections
    22  pursuant to paragraph (b) of this subdivision.
    23    (b) The state board of elections may designate additional state  agen-
    24  cies to serve as sources for voter registration. In designating an agen-
    25  cy under this paragraph, the state board of elections shall consider:
    26    (i)  the  likelihood  that  source  records  reflect a large number of
    27  eligible citizens;
    28    (ii) the extent to which source records reflect eligible citizens  who
    29  would  not  otherwise  be  registered  under  the act to modernize voter
    30  registration;
    31    (iii) the accuracy of personal identification data in source  records;
    32  and
    33    (iv)  any additional factors designated by the chief election official
    34  as reasonably related to  accomplishing  the  purposes  of  the  act  to
    35  modernize voter registration.
    36    4.  The  state  board of elections and the source agencies shall enter
    37  into agreements to ensure that for each person described in  subdivision
    38  two  of this section, each source agency electronically transmits to the
    39  state or local boards of elections the following information in a format
    40  that can be read by the computerized statewide voter registration list:
    41    (a) given name or names and surname or surnames;
    42    (b) mailing address and residential address;
    43    (c) date of birth;
    44    (d) citizenship;
    45    (e) driver's license or non-driver identification  card  number,  last
    46  four  digits  of the person's social security number, or a space for the
    47  person to indicate that he or she does not have any such number;
    48    (f) political party enrollment, if any;
    49    (g) an indication that the person intends to  apply  for  an  absentee
    50  ballot, if any; and
    51    (h) an image of the person's signature.
    52    In  the  event  that any transmission of data pursuant to this section
    53  fails to include an image of an individual's signature, the absence of a
    54  signature shall not preclude the registration of  an  eligible  citizen.
    55  The  board  of  elections shall develop procedures to enable an eligible
    56  citizen, whose information is transmitted pursuant to this  section  and

        A. 8626                             3
 
     1  whose  information lacks an electronic signature, to provide a signature
     2  at the polling place or with  an  application  for  an  absentee  ballot
     3  before  voting.  The board may require an elector who has not provided a
     4  signature before arriving at the polling place or submitting an absentee
     5  ballot  to present a current and valid photo identification or a copy of
     6  a current utility bill, bank statement, government check,  paycheck,  or
     7  other government document that shows the name and address of the voter.
     8    5.  If an agency does not routinely request information concerning the
     9  citizenship status of individuals, it shall maintain records  sufficient
    10  to transmit to the board of elections indications of United States citi-
    11  zenship  for  each  person described in subdivision two of this section,
    12  but shall not retain, use, or share any such information relating to  an
    13  individual's citizenship for any other purpose.
    14    6.  The  state  board  of  elections  shall  prepare and distribute to
    15  participating agencies written instructions as to the implementation  of
    16  the  program and shall be responsible for establishing training programs
    17  for employees of source agencies listed in this section. Training  shall
    18  include  requirements that employees of any source agency communicate to
    19  each individual identified in subdivision two of this section  that  the
    20  source  agency  maintains  strict  neutrality with respect to a person's
    21  party enrollment and all persons seeking voter  registration  forms  and
    22  information  shall  be  advised  that government services are not condi-
    23  tioned on being registered to vote, or eligibility to register to  vote.
    24  No statement shall be made nor any action taken to discourage the appli-
    25  cant from registering to vote.
    26    7.  The agreements between the state board of elections and the source
    27  agencies shall include the format in which information will be transmit-
    28  ted, whether and how each entity will collect, in addition to the manda-
    29  tory information listed in subdivision four of this section,  additional
    30  information on a voluntary basis from persons for the purpose of facili-
    31  tating  voter  registration,  the  frequency  of data transmissions, the
    32  procedures and other measures that will be used to ensure  the  security
    33  and  privacy of the information transmitted, and any other matter neces-
    34  sary or helpful to implement the requirements of this section.
    35    8. Each  source  agency  shall  cooperate  with  the  state  board  of
    36  elections  and  county board of elections to facilitate the voter regis-
    37  tration of each person described in subdivision two of this section, and
    38  to electronically transmit the information needed to register each  such
    39  person  to  vote  or  to  update  each  such person's voter registration
    40  record.
    41    9. Each source agency shall enter into an  agreement  with  the  state
    42  board of elections finalizing the format and content of electronic tran-
    43  smissions  required  by  this section no later than September first, two
    44  thousand seventeen; provided, that each source agency shall be  able  to
    45  comply  fully  with  all  requirements  of  this  section, including the
    46  collection and transmission of all data required to register individuals
    47  to vote, by January first, two thousand eighteen.
    48    10. Upon receiving information from a source agency with respect to an
    49  individual, the state board of elections  shall  determine  whether  the
    50  individual  is included in the computerized statewide voter registration
    51  list.
    52    (a) If an individual for whom information is received  from  a  source
    53  agency  is eligible to vote in elections for federal office in the state
    54  and is not on the computerized statewide voter  registration  list,  the
    55  state board of elections shall: (i) ensure that the individual is regis-
    56  tered to vote in such elections not later than five days after receiving

        A. 8626                             4
 
     1  the  information,  without  regard  to  whether  or  not the information
     2  provided by the source agency includes the individual's signature;  (ii)
     3  update the statewide computerized voter registration list to include the
     4  individual;  and  (iii)  notify  the  individual  that the individual is
     5  registered to vote in elections for federal office in the state.
     6    (b) If a source agency provides the  state  board  of  elections  with
     7  information  with  respect  to  an  individual who did not consent to be
     8  registered to vote, the state board of  elections  shall  not  take  any
     9  action  to register the individual to vote, except that no such individ-
    10  ual who is already included on the computerized statewide  voter  regis-
    11  tration  list shall be removed from the list solely because the informa-
    12  tion was incorrectly provided.
    13    11. If an individual who is  not  eligible  to  register  to  vote  in
    14  elections  for federal office is registered to vote in such elections by
    15  the state board of elections, the individual shall not be subject to any
    16  penalty, including the imposition of a fine  or  term  of  imprisonment,
    17  adverse  treatment  in  any immigration or naturalization proceeding, or
    18  the denial of any status under immigration laws, under any law prohibit-
    19  ing an individual who is not eligible to register to vote  in  elections
    20  for  federal  office from registering to vote in such elections. Nothing
    21  in this subdivision shall be construed to waive  the  liability  of  any
    22  individual  who  knowingly  provides  false  information  to  any person
    23  regarding the individual's eligibility to register to vote in  elections
    24  for federal office.
    25    12.  No  person may use the information received by the state board of
    26  elections to determine the citizenship  status  of  any  individual  for
    27  immigration  enforcement,  criminal law enforcement (other than enforce-
    28  ment of this chapter), or any other purpose other than  voter  registra-
    29  tion  or election administration. No information relating to an individ-
    30  ual's  absence  from  the  statewide  voter  registration  list  or   an
    31  individual's  declination  to  supply information for voter registration
    32  purposes to a source agency may be disclosed to  the  public  for  immi-
    33  gration  enforcement, criminal law enforcement other than enforcement of
    34  laws against election crimes, or used for any purpose other  than  voter
    35  registration,  election  administration,  or the enforcement of election
    36  laws.
    37    13. Voter registration information collected under this section  shall
    38  not  be  used  for commercial purposes including for comparison with any
    39  existing commercial list or database.
    40    § 5-232.  Availability  of  online  registration.  1.  Every  election
    41  district  shall  ensure that the following services are available to the
    42  public at any time on the official public websites  of  the  appropriate
    43  local  election  officials  in  the  state: online application for voter
    44  registration, online assistance to applications in applying to  register
    45  to  vote,  online  completion and submission by applications of the mail
    46  voter registration application form pursuant to section 5-210, including
    47  assistance with providing a signature in  electronic  form  as  required
    48  under section 5-234 of this title, and online receipt of completed voter
    49  registration applications.
    50    2.  Any  county or municipality shall accept an online voter registra-
    51  tion application provided by  an  individual  under  this  section,  and
    52  ensure  that  the  individual is registered to vote in the state, if (a)
    53  the individual meets the same voter registration requirements applicable
    54  to individuals who register to vote by mail in accordance with law using
    55  the mail voter registration application form,  and  (b)  the  individual

        A. 8626                             5

     1  provides  a  signature  in  electronic form pursuant to section 5-234 of
     2  this title.
     3    3.  (a)  Upon  the online submission of a completed voter registration
     4  application by an individual under this section, the  appropriate  state
     5  or local election official shall send the individual a notice confirming
     6  the state's receipt of the application and providing instructions on how
     7  the individual may check the status of the application, and
     8    (b)  as  soon  as  the  appropriate  election official has approved or
     9  rejected an application submitted by an individual under  this  section,
    10  the  official  shall  send the individual a notice of the disposition of
    11  the application.
    12    § 5-234. Signatures in  electronic  form.  An  individual  provides  a
    13  signature  in  electronic  form  by executing a computerized mark in the
    14  signature field on an online voter registration application; or  submit-
    15  ting  with  the application an electronic copy of the individual's hand-
    16  written signature through electronic means.
    17    § 5-236. Nonpartisan manner. The services made  available  under  this
    18  title  shall be provided in a manner that ensures that the online appli-
    19  cation does not seek to influence an applicant's political preference or
    20  party registration and there is no display on the website promoting  any
    21  political  preference  or  party allegiance, except that nothing in this
    22  section may be construed to prohibit an applicant  from  registering  to
    23  vote as a member of a political party.
    24    §  5-238.  Protection  of  security  information.  The  state board of
    25  elections shall establish appropriate technological security measures to
    26  prevent to the greatest extent practicable any  unauthorized  access  to
    27  information  provided  by  individuals using the services made available
    28  under section 5-232 of this title.
    29    § 5-240. Use  of  additional  telephone-based  system.  The  board  of
    30  elections  shall  make  the services made available online under section
    31  5-232 of this title available through the  use  of  an  automated  tele-
    32  phone-based  system, subject to the same terms and conditions applicable
    33  under this section to the services made available online, in addition to
    34  making the services available online in accordance with the requirements
    35  of this section.
    36    § 5-242. Use of internet to update registration  information.  1.  The
    37  appropriate  state  or  local  election  official  shall ensure that any
    38  registered voter on the computerized list may at  any  time  update  the
    39  voter's  registration  information,  including  the  voter's address and
    40  electronic mail address, online through the official public  website  of
    41  the  election  official  responsible for the maintenance of the list, so
    42  long as the voter attests to the contents of the update by  providing  a
    43  signature in electronic form.
    44    2.  If a registered voter updates registration information, the appro-
    45  priate state or local election official shall revise any information  on
    46  the  computerized  list  to reflect the update made by the voter; and if
    47  the updated registration information affects the voter's eligibility  to
    48  vote  in  an  election,  ensure  that  the information is processed with
    49  respect to the election if the voter updates the information  not  later
    50  than seven days before the election.
    51    3.  Upon  the online submission of updated registration information by
    52  an individual  under  this  section,  the  appropriate  state  or  local
    53  election  official shall send the individual a notice confirming receipt
    54  of the updated information and providing instructions on how  the  indi-
    55  vidual may check the status of the update.

        A. 8626                             6
 
     1    4.  As  soon  as  the appropriate state or local election official has
     2  accepted or rejected updated  information  submitted  by  an  individual
     3  under  this  section, the official shall send the individual a notice of
     4  the disposition of the update.
     5    5.  The  appropriate  state  or local election official shall send the
     6  notices required under this section by regular mail, and, in the case of
     7  an individual who has requested that the state provide  voter  registra-
     8  tion  and voting information through electronic mail, by both electronic
     9  mail and regular mail.
    10    § 5-244. List maintenance, privacy and security. 1. The state board of
    11  elections shall publish on their website all standards established under
    12  this section. The state board of  elections  shall  establish  standards
    13  governing  the  comparison  of  data on the statewide computerized voter
    14  registration list, the data provided by various  source  agencies  under
    15  section  5-200  of  this title, including the specific data elements and
    16  data matching rules to be used for purposes of determining: (a)  whether
    17  a data record from any source agency represents the same individual as a
    18  record  in another source agency or on the statewide list; (b) whether a
    19  data record from any source  agency  represents  an  individual  already
    20  registered  to  vote  in  the state; (c) whether two data records in the
    21  statewide  computerized  voter  registration  list  represent  duplicate
    22  records  for  the same individual; (d) whether a data record supplied by
    23  any list maintenance source represents an individual already  registered
    24  to  vote in the state; and (e) which information will be treated as more
    25  current and reliable when data records  from  multiple  sources  present
    26  information for the same individual.
    27    2.  The  state board of elections shall establish uniform and non-dis-
    28  criminatory standards describing the specific conditions under which  an
    29  individual will be determined for list maintenance purposes to be ineli-
    30  gible to vote in an election.
    31    3.  The  state  board of elections shall publish and enforce a privacy
    32  and security policy specifying  each  class  of  users  who  shall  have
    33  authorized access to the computerized statewide voter registration list,
    34  specifying for each such class the permission and levels of access to be
    35  granted,  and  setting forth other safeguards to protect the privacy and
    36  security of the information on the list. Such policy shall include secu-
    37  rity safeguards to protect personal information  in  the  data  transfer
    38  process, the online or telephone interface, the maintenance of the voter
    39  registration  database,  and audit procedures to track individual access
    40  to the system.
    41    4. The state board of elections shall establish policies and  enforce-
    42  ment  procedures to prevent unauthorized access to or use of the comput-
    43  erized statewide voter registration list, any list or other  information
    44  provided  by  a  source  agency, or any maintenance source for the list.
    45  Nothing in this subdivision shall be construed  to  prohibit  access  to
    46  information  required for official purposes for purposes of voter regis-
    47  tration, election administration, and the enforcement of election laws.
    48    5. The state board of elections shall establish policies and  enforce-
    49  ment  procedures  to  maintain security during inter-agency transfers of
    50  information required or permitted under this chapter. Each state  agency
    51  and third party participating in such inter-agency transfers of informa-
    52  tion  shall  facilitate  and  comply with such policies. Nothing in this
    53  subdivision shall prevent a source agency from establishing and  enforc-
    54  ing  additional  security  measures  to  protect the confidentiality and
    55  integrity of inter-agency data transfers. No  state  or  local  election

        A. 8626                             7
 
     1  official  shall  transfer or facilitate the transfer of information from
     2  the computerized statewide voter registration list to any source agency.
     3    6.  Nothing  in  this  section  shall be construed to prevent a source
     4  agency from contracting with a third party to assist in the transmission
     5  of data to the state board of elections, so  long  as  the  data  trans-
     6  mission complies with the applicable requirements of this chapter.
     7    7.  The  state board of elections shall establish standards and proce-
     8  dures to maintain all election records required  for  purposes  of  this
     9  section. Records for individuals who have been retained on the computer-
    10  ized statewide registration list but identified as ineligible to vote in
    11  an  election  or  removed  from  the list due to ineligibility, shall be
    12  maintained and kept available until at least  the  date  of  the  second
    13  general  election for federal office that occurs after the date that the
    14  individual was identified as ineligible.
    15    8. The identity of the specific source agency through which  an  indi-
    16  vidual  consented  to  register  to  vote  shall not be disclosed to the
    17  public and shall not be retained after the individual is  added  to  the
    18  computerized statewide voter registration list.
    19    9.  The state board of elections shall establish policies and enforce-
    20  ment procedures to ensure that personal information provided  by  source
    21  agencies  or  otherwise transmitted under this section is kept confiden-
    22  tial and is available only to authorized users. For  purposes  of  these
    23  policies  and  procedures,  the term "personal information" means any of
    24  the following:
    25    (a) any portion of an individual's social security number;
    26    (b) any portion of an  individual's  motor  vehicle  driver's  license
    27  number or state identification card number;
    28    (c) an individual's signature;
    29    (d) an individual's personal residence and contact information;
    30    (e) sensitive information relating to persons in categories designated
    31  confidential  by  federal  or  state  law, including victims of domestic
    32  violence or stalking, prosecutors and  law  enforcement  personnel,  and
    33  participants in a witness protection program;
    34    (f) an individual's phone number;
    35    (g) an individual's email address;
    36    (h)  any indication of an individual's status as a citizen or nonciti-
    37  zen of the United States; and
    38    (i) such other information as the state board  of  the  elections  may
    39  designate  as confidential to the extent reasonably necessary to prevent
    40  identity theft or impersonation, except that such board may  not  desig-
    41  nate  as  confidential under this subdivision the name, address, or date
    42  of registration of an individual, or where applicable, the  self-identi-
    43  fied racial or ethnic category of the individual.
    44    10.  The  state  board of elections shall ensure that, with respect to
    45  any individual who declines the opportunity to  register  to  vote,  the
    46  individual's  information  is not included on the computerized statewide
    47  voter registration list and is not provided to a third party (except  to
    48  the  extent required under other law). Nothing in this subdivision shall
    49  be construed to preclude an individual who has previously  declined  the
    50  opportunity to register to vote from subsequently registering to vote.
    51    §  5-246. Accuracy of statewide voter registration lists. 1. Not later
    52  than twenty-four hours after receiving a change of address form  or  any
    53  other  information  indicating that identifying information with respect
    54  to an individual which is included in the records of the  department  of
    55  motor  vehicles  has  been  changed, such department shall transmit such
    56  form or other information to the state board of elections, unless:

        A. 8626                             8
 
     1    (a) the records of the department include information indicating  that
     2  the individual is not eligible to register to vote in the state; or
     3    (b)  the individual states on the form or otherwise indicates that the
     4  change of address or other information is  not  for  voter  registration
     5  purposes.
     6    2. Not later than twenty-four after receiving a change of address form
     7  or  any  other  information indicating that identifying information with
     8  respect to an individual which is included in the  records  of  a  voter
     9  registration  agency  has been changed, the appropriate official of such
    10  agency shall transmit such form or other information to the state  board
    11  of elections, unless:
    12    (a)  the records of the department include information indicating that
    13  the individual is not eligible to register to vote in the state; or
    14    (b) the individual states on the form or otherwise indicates that  the
    15  change  of  address  or  other information is not for voter registration
    16  purposes.
    17    3. Not later than  twenty-four  hours  after  receiving  a  change  of
    18  address form or any other information indicating that identifying infor-
    19  mation with respect to an individual which is included in the records of
    20  a source agency has been changed, the appropriate official of such agen-
    21  cy  shall  transmit such form or other information to the state board of
    22  elections, unless:
    23    (a) the records of the department include information indicating  that
    24  the individual is not eligible to register to vote in the state; or
    25    (b)  the individual states on the form or otherwise indicates that the
    26  change of address or other information is  not  for  voter  registration
    27  purposes.
    28    4.  If  the department of motor vehicles, a voter registration agency,
    29  or a source agency transmits to the state board of elections a change of
    30  address form or any other information indicating that identifying infor-
    31  mation with respect to an individual has been  changed  the  appropriate
    32  state or local election official shall:
    33    (a) determine whether the individual appears on the computerized list;
    34  and
    35    (b)  if  the  individual  appears  on the list, revise the information
    36  relating to the individual on the list to reflect the  individual's  new
    37  address or other changed identifying information.
    38    5.  If an election official revises any voter registration information
    39  on the computerized list with respect to any voter  (including  removing
    40  the  voter  from  the list), immediately after revising the information,
    41  the official shall send the individual a written notice of the  revision
    42  which includes the following information:
    43    (a)  the voter's name, date of birth, and address, as reflected in the
    44  revised information on the computerized list;
    45    (b) a statement that the voter's  registration  information  has  been
    46  updated;
    47    (c)  information  on  how  to  correct information on the computerized
    48  list;
    49    (d) a statement of the eligibility requirements for registered voters;
    50    (e) a statement (in larger font size than the other statements on  the
    51  notice)  that  it  is  illegal  for  an individual who does not meet the
    52  eligibility requirements for registered voters in the state to  vote  in
    53  such state; and
    54    (f)  a  statement  that  the voter may terminate the voter's status as
    55  registered in the state, or request a change in the voter's voter regis-
    56  tration information at any time by contacting the appropriate  state  or

        A. 8626                             9
 
     1  local  election  official,  together  with  contact information for such
     2  official (including any website through which the voter may contact  the
     3  official or obtain information on voter registration in the state).
     4    6.  If  an  election  official  has an electronic mail address for any
     5  voter to whom the  official  is  required  to  send  notice  under  this
     6  section, the official may meet the requirements of this section by send-
     7  ing the notice to the voter in electronic form at that address, but only
     8  if  prior  to  sending  the notice, the official sends a test electronic
     9  mail to the voter at that address and  receives  confirmation  that  the
    10  address is current and valid.
    11    §  5-248.  Same day registration. Each county shall allow any eligible
    12  individual on the day of an election and on any day when voting, includ-
    13  ing early voting, to register to vote in such election  at  the  polling
    14  place and to cast a vote in such election.
    15    §  3. Section 5-210 of the election law is amended by adding three new
    16  subdivisions 16, 17 and 18 to read as follows:
    17    16. The board of elections shall accept an online  voter  registration
    18  application  provided  by  an  individual  and ensure that individual is
    19  registered to vote in the state if (a) the  individual  meets  the  same
    20  voter  registration  requirements applicable to individuals who register
    21  to vote by mail in accordance with this section; and (b) the  individual
    22  provided a signature in electronic form in accordance with section 5-234
    23  of this title.
    24    17.  Upon  the  online  submission  of  a completed voter registration
    25  application by an individual, an appropriate  election  personnel  shall
    26  send  the  individual a notice confirming the board of elections receipt
    27  of the application and providing instructions on how the individual  may
    28  check  on  the  status  of  the  application. As soon as the appropriate
    29  election personnel has approved or rejected an application submitted  by
    30  an  individual,  the personnel shall send the individual a notice of the
    31  disposition of the application by regular mail unless the individual has
    32  requested voter information to be sent through electronic mail, in which
    33  case a copy should be sent through both regular and electronic mail.
    34    18. If an individual who is a registered voter had provided the  state
    35  or  local election official with an electronic mail address for purposes
    36  of receiving voting information, the county board of elections,  through
    37  electronic mail transmitted not later than seven days before the date of
    38  the  election involved, shall provide the individual with information on
    39  how to obtain the following information by  electronic  means:  (a)  the
    40  name  and  address  of  the  polling  place  at  which the individual is
    41  assigned to vote in the election; (b) the hours  of  operation  for  the
    42  polling  place;  and  (c)  a  description of any identification or other
    43  information the individual may be required to  present  at  the  polling
    44  place.
    45    §  4. The election law is amended by adding two new sections 5-108 and
    46  5-110 to read as follows:
    47    § 5-108. Nondiscrimination. 1. The  state  shall  treat  a  registered
    48  voter  who  is registered to vote online in accordance with this chapter
    49  in the same manner as the state treats a registered voter who registered
    50  to vote by mail.
    51    2. No person may discriminate against any individual on the  basis  of
    52  the individual's absence from the statewide voter registration list, the
    53  information supplied by the individual for voter registration purpose to
    54  a source agency, or the individual's declination to supply such informa-
    55  tion,  except  as  required for purposes of voter registration, election
    56  administration, and the enforcement of election laws.

        A. 8626                            10
 
     1    § 5-110. Prohibiting use of electronic mail addresses for  other  than
     2  official  purposes.  The  state board of elections shall ensure that any
     3  electronic mail addresses provided by an applicant  under  this  chapter
     4  are  used  only for purposes of carrying out official duties of election
     5  officials  and  are not transmitted by any state or local election offi-
     6  cial (or any agent of such an official, including a contractor)  to  any
     7  person  who  does  not  require  the  address to carry out such official
     8  duties and who is not under the direct  supervision  and  control  of  a
     9  state or local election official.
    10    §  5. Subdivision 5 of section 5-210 of the election law is amended by
    11  adding a new paragraph (o) to read as follows:
    12    (o) The voter registration application shall include a space  for  the
    13  applicant  to  provide  (at  the  applicant's option) an electronic mail
    14  address, together with a statement that, if the applicant  so  requests,
    15  instead  of  using regular mail the appropriate state and local election
    16  officials shall provide to the applicant, through electronic  mail  sent
    17  to  that  address,  any  voting information that would otherwise be sent
    18  through the regular mail.
    19    § 6. Subdivisions 1 and 2 of section 5-210 of  the  election  law,  as
    20  amended  by  chapter  179  of  the  laws of 2005, are amended to read as
    21  follows:
    22    1. In addition to local registration and veterans' absentee  registra-
    23  tion  as  provided  in  this  chapter,  any  qualified  person may apply
    24  personally for registration and enrollment, change of enrollment by mail
    25  [or], by appearing at the board of elections on any day, except a day of
    26  election, during the hours that such board  of  elections  is  open  for
    27  business or by registering online.
    28    2.  (a)  Application  forms  for use pursuant to this section shall be
    29  furnished by a county board of elections to any person  requesting  such
    30  form  or  shall  be  available  on the county board of elections website
    31  pursuant to section 5-232 of this title. Application forms sent  outside
    32  of  the United States to a country other than Canada or Mexico, shall be
    33  sent airmail. Each county board  of  elections  shall  also  cause  such
    34  application forms to be as widely and freely distributed as possible.
    35    (b)  The board of elections shall mail an application for registration
    36  by mail and information on how the person may re-register to each person
    37  for whom it receives notice pursuant to the  provisions  of  subdivision
    38  four  of  section  5-402 of this article that such person has moved into
    39  such city or county unless such person is already  registered  from  the
    40  address listed in such notice.
    41    §  7.  The  election  law is amended by adding a new section 17-172 to
    42  read as follows:
    43    § 17-172. Penalties against list maintenance,  privacy  and  security.
    44  Any  person  who knowingly uses information or permits information to be
    45  used in violation of sections 5-244 or 5-108 of this  chapter  shall  be
    46  imprisoned  for  not more than one year, fined not less than one hundred
    47  dollars nor more than five hundred dollars, or both such fine and impri-
    48  sonment.
    49    § 8. Paragraphs (g) and (k) of subdivision 5 of section 5-210  of  the
    50  election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
    51  graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
    52  2008, are amended and a new paragraph (n) is added to read as follows:
    53    (g)  Notice that the applicant must be a citizen of the United States,
    54  is [or will be at least eighteen years old not later than December thir-
    55  ty-first of the calendar year in which he or  she  registers]  at  least

        A. 8626                            11
 
     1  sixteen  years  old when he or she submits an application to register to
     2  vote and a resident of the county or city to which application is made.
     3    (k)  The  form shall also include space for the following information,
     4  which must be contained on the inside of the form after it is folded for
     5  mailing:
     6    (i) A space for the applicant to indicate whether or not he or she has
     7  ever voted or registered to vote before and, if so, the approximate year
     8  in which such applicant last voted or registered and his or her name and
     9  address at the time.
    10    (ii) The name and residence address of the applicant including the zip
    11  code and apartment number, if any.
    12    (iii) The date of birth of the applicant.
    13    (iv) A space for the applicant to indicate his or her driver's license
    14  or department of motor vehicles non-driver photo ID number or  the  last
    15  four  digits  of  his or her social security number or, if the applicant
    16  does not have either such number, a space for the applicant to  indicate
    17  he or she does not have either.
    18    (v)  A space for the applicant to indicate whether or not he or she is
    19  a citizen of the United States and the statement "If you checked "no" in
    20  response to this question, do not complete this form."
    21    (vi) [A space for the applicant to answer the question "Will you be 18
    22  years of age on or before election  day?"  and  the  statement  "If  you
    23  checked  "no"  in  response  to this question, do not complete this form
    24  unless you will be 18 by the end of the year."
    25    (vii)] A statement informing the applicant that if the form is submit-
    26  ted by mail and the applicant is registering for the first time, certain
    27  information or documents must be submitted with the mail-in registration
    28  form in order  to  avoid  additional  identification  requirements  upon
    29  voting for the first time. Such information and documents are:
    30    (A)  a  driver's  license  or  department of motor vehicles non-driver
    31  photo ID number; or
    32    (B) the last four digits of the individual's social  security  number;
    33  or
    34    (C) a copy of a current and valid photo identification; or
    35    (D)  a  copy  of  a  current  utility bill, bank statement, government
    36  check, paycheck or other government document that  shows  the  name  and
    37  address of the voter.
    38    [(viii)] (vii) The gender of the applicant (optional).
    39    [(ix)]  (viii) A space for the applicant to indicate his or her choice
    40  of party enrollment, with a clear alternative provided for the applicant
    41  to decline to affiliate with any party.
    42    [(x)] (ix) The telephone number of the applicant (optional).
    43    [(xi)] (x) A place for the applicant to execute the  form  on  a  line
    44  which  is  clearly  labeled  "signature  of  applicant"  preceded by the
    45  following specific form of affirmation:
    46    AFFIDAVIT: I swear or affirm that:
    47       * I am a citizen of the United States.
    48       * I will have lived in the county, city, or village for at least 30
    49         days before the election.
    50       * I meet all the requirements to  register  to  vote  in  New  York
    51         State.
    52       * This is my signature or mark on the line below.
    53       * All  the  information  contained  on  this application is true. I
    54         understand that if it is not true I can be convicted and fined up
    55         to $5,000 and/or jailed for up to four years.

        A. 8626                            12
 
     1  which form of affirmation shall be followed by a space for the date  and
     2  the aforementioned line for the applicant's signature.
     3    [(xii)]  (xi)  A  space  for the applicant to register in the New York
     4  state donate life registry for organ and  tissue  donations  established
     5  pursuant to section forty-three hundred ten of the public health law.
     6    (xii) The email address of the applicant (optional).
     7    (n) Agreements adopted pursuant to section 5-200 of this title between
     8  source  agencies  and  the  state  or county boards of elections are not
     9  required to include the collection or transmission  of  the  information
    10  requested  in  paragraph (j) or subparagraph (i), (vii), (viii), (ix) or
    11  (xi) of paragraph (k) of this subdivision,  and  no  board  of  election
    12  shall  refuse  to  register to vote or update the registration record of
    13  any person in the state whose information  is  transmitted  pursuant  to
    14  section  5-200  of  this title for the reason that such information does
    15  not include the information requested by paragraph (j)  or  subparagraph
    16  (i), (vii), (viii), (ix) or (xi) of paragraph (k) of this subdivision.
    17    § 9. The election law is amended by adding a new section 3-228 to read
    18  as follows:
    19    §  3-228.  Board  of elections, reports. 1. Not later than ninety days
    20  after the end of each year, the board shall submit  to  the  legislature
    21  and  the governor a report containing the following categories of infor-
    22  mation for the year:
    23    (a) the number of individuals who registered;
    24    (b) the number of voter registration application  forms  completed  by
    25  individuals  that  were  transmitted by the department of motor vehicles
    26  and voter registration agencies in the state to the board,  broken  down
    27  by each such agency;
    28    (c)  the  number of such individuals whose voter registration applica-
    29  tion forms were accepted and who were registered to vote  in  the  state
    30  and  the  number  of  such individuals whose forms were rejected and who
    31  were not registered to vote in the state, broken down by each such agen-
    32  cy;
    33    (d) the number of change of address forms and other forms of  informa-
    34  tion  indicating  that  an individual's identifying information has been
    35  changed that were transmitted by the department of  motor  vehicles  and
    36  voter registration agencies to the board, broken down by such agency and
    37  type of form submitted;
    38    (e)  the  number  of  individuals  on the statewide computerized voter
    39  registration list whose voter registration information  was  revised  by
    40  the  board  as  a  result  of  the forms transmitted to the board by the
    41  department  of  motor  vehicles  and  voter  registration  agencies  (as
    42  described  in  subdivision  three  of this section), broken down by each
    43  agency and the type of form submitted;
    44    (f) the number of individuals who requested the board to revise  voter
    45  registration  information  on  such  list, and the number of individuals
    46  whose information was revised as a result of such request.
    47    2. In preparing the report under this section, the  state  shall,  for
    48  each  category  of  information  described  in  subdivision  one of this
    49  section, include a breakdown by race of the individuals  whose  informa-
    50  tion  is included in the category, to the extent that information on the
    51  race of such individuals is available to the state.
    52    3. In preparing and submitting a report under this section, the  board
    53  shall  ensure  that  no  information regarding the identification of any
    54  individual is revealed.
    55    § 10. Section 5-202 of the election law is amended  by  adding  a  new
    56  subdivision 7 to read as follows:

        A. 8626                            13
 
     1    7.  The  board  of elections in each county shall establish procedures
     2  providing for absentee registration, for all elections held pursuant  to
     3  the provisions of this chapter, through mail and/or electronic means for
     4  persons  with a disability. Such procedures shall be subject to approval
     5  by  the state board of elections. Such boards of elections shall further
     6  be responsible for providing information regarding absentee registration
     7  for persons with a disability to  such  persons  with  respect  to  such
     8  elections.
     9    §  11.  The  election  law is amended by adding a new section 3-109 to
    10  read as follows:
    11    § 3-109. Prohibition against voter caging.  1.  Definitions.  For  the
    12  purposes  of  this section, the following terms shall have the following
    13  meanings:
    14    (a) Voter caging document means
    15    (i) a nonforwardable document that is returned  to  the  sender  of  a
    16  third party as undelivered or undeliverable despite an attempt to deliv-
    17  er such document to the address of a registered voter or applicant; or
    18    (ii)  any document with instructions to an addressee that the document
    19  be returned to the sender or a third  party  but  is  not  so  returned,
    20  despite  an  attempt to deliver such document to the address of a regis-
    21  tered voter or applicant, unless  at  least  two  election  cycles  have
    22  passed since the date of the attempted delivery;
    23    (b)  Voter caging list means a list of individuals compiled from voter
    24  caging documents; and
    25    (c) Unverified match list means a list produced by matching the infor-
    26  mation of registered voters or applicants for voter  registration  to  a
    27  list of individuals who are ineligible to vote in the registrar's juris-
    28  diction,  by  virtue  of death, conviction, change of address, or other-
    29  wise; unless one of the pieces of information matched includes a  signa-
    30  ture,  photograph,  or  unique  identifying  number  ensuring  that  the
    31  information from each source refers to the same individual.
    32    2. Prohibition against voter caging. Notwithstanding the provisions of
    33  sections 5-220, 8-504 or 8-506 of this  chapter,  no  election  official
    34  shall  prevent  an individual from registering or voting in any election
    35  or permit in connection with any election a formal challenge to an indi-
    36  vidual's registration status or eligibility to vote, if  the  basis  for
    37  such decision is evidence consisting of:
    38    (a) a voter caging document or voter caging list;
    39    (b) an unverified match list;
    40    (c) an error or omission on any record or paper relating to any appli-
    41  cation, registration, or other act requisite to voting, if such error or
    42  omission  is  not  material  to  an  individual's  eligibility  to vote;
    43  provided, however, that the election official may use such  evidence  if
    44  it  is corroborated by independent evidence of the individual's ineligi-
    45  bility to register or vote.
    46    3. Penalties for knowing misconduct. Whoever knowingly challenges  the
    47  eligibility  of one or more individuals to register or vote or knowingly
    48  causes the eligibility of such individuals to be challenged in violation
    49  of this chapter with the intent that one  or  more  eligible  voters  be
    50  disqualified, shall be fined or imprisoned not more than one year, or by
    51  both such fine and imprisonment, for each such violation. Each violation
    52  shall be a separate offense.
    53    §  12.  Section  17-154 of the election law is amended by adding a new
    54  subdivision 6 to read as follows:
    55    6. Knowingly and willfully deprive, defraud, or attempt to deprive  or
    56  defraud any other person of their free and fair exercise of the right to

        A. 8626                            14
 
     1  vote  by the communication of election-related information that is known
     2  by the person to be materially false, fictitious, or fraudulent.  "Elec-
     3  tion-related  information"  shall mean any oral or written communication
     4  regarding  the  time or place of an election, criminal penalties associ-
     5  ated with voting in such an election, an individual's voter registration
     6  status or eligibility to vote in  such  an  election,  or  the  explicit
     7  endorsement  of  any  person  or  organization of a candidate in such an
     8  election.
     9    § 13. Subdivision 1 of section 7-202 of the election law is amended by
    10  adding a new paragraph a-1 to read as follows:
    11    a-1. use an individual, durable, voter-verified, paper ballot  of  the
    12  voter's  vote that shall be marked and made available for inspection and
    13  verification by the voter before the voter's vote is cast  and  counted,
    14  and  which  shall  be  counted  by  hand or read by an optical character
    15  recognition device or other counting device; such ballots shall  be  the
    16  true and correct record of the votes cast and shall allow a manual audit
    17  and  be  preserved in accordance with the provisions of section 3-222 of
    18  this chapter. For purposes of  this  paragraph,  the  term  "individual,
    19  durable,  voter-verified,  paper  ballot" means a paper ballot marked by
    20  the voter by hand or a paper ballot marked through the use of a nontabu-
    21  lating ballot marking device or system, so long as the voter shall  have
    22  the option to mark his or her ballot by hand;
    23    §  14.  Paragraph  j of subdivision 1 of section 7-202 of the election
    24  law, as added by chapter 181 of the laws of 2005, is amended to read  as
    25  follows:
    26    j.  retain  all paper ballots cast or produce and retain a voter veri-
    27  fied permanent paper record which shall be presented to the  voter  from
    28  behind  a  window or other device before the ballot is cast, in a manner
    29  intended and designed to protect the privacy of the voter; such  ballots
    30  or  record  shall allow a manual audit and shall be preserved in accord-
    31  ance with the provisions of section 3-222  of  this  chapter;  provided,
    32  however,  the  voting system shall not preserve the voter-verified paper
    33  ballots in any manner that makes it possible,  at  any  time  after  the
    34  ballot  has  been  cast,  to  associate  a  voter with the record of the
    35  voter's vote without the voter's consent.
    36    § 15. The election law is amended by adding a  new  section  3-508  to
    37  read as follows:
    38    §  3-508.  Study  and  report  on accessible paper ballot verification
    39  mechanisms. 1. The state board of elections shall  make  grants  to  not
    40  fewer  than three eligible entities to study, test, and develop accessi-
    41  ble paper  ballot  voting,  verification,  and  casting  mechanisms  and
    42  devices  and best practices to enhance the accessibility of paper ballot
    43  voting and verification mechanisms for  individuals  with  disabilities,
    44  for  voters  whose  primary language is not English, and for voters with
    45  difficulties in literacy, including best practices  for  the  mechanisms
    46  themselves and the processes through which the mechanisms are used.
    47    2.  An  entity is eligible to receive a grant under this section if it
    48  submits to the board (at such time and in such form  as  the  board  may
    49  require) an application containing:
    50    (a)  certifications  that  the  entity  shall specifically investigate
    51  enhanced methods or devices, including non-electronic devices, that will
    52  assist such individuals  and  voters  in  marking  voter-verified  paper
    53  ballots and presenting or transmitting the information printed or marked
    54  on  such  ballots  back to such individuals and voters, and casting such
    55  ballots;

        A. 8626                            15
 
     1    (b) a certification that the  entity  shall  complete  the  activities
     2  carried  out  with  the  grant not later than December thirty-first, two
     3  thousand eighteen; and
     4    (c)  such  other  information  and  certifications  as  the  board may
     5  require.
     6    3. Any technology developed with the grants made  under  this  section
     7  shall  be  treated as non-proprietary and shall be made available to the
     8  public, including to manufacturers of voting systems.
     9    § 16. Subdivision 1 of section 7-104 of the election law,  as  amended
    10  by chapter 165 of the laws of 2010, is amended to read as follows:
    11    1.  (a)  All ballots shall be printed and/or displayed in a format and
    12  arrangement, of such uniform size and  style  as  will  fit  the  ballot
    13  frame, and shall be in as plain and clear a type or display as the space
    14  will  reasonably permit. All voter-verified paper ballots required to be
    15  used under this chapter shall be marked or  printed  on  durable  paper.
    16  Such  type  or  display on the ballot shall satisfy all requirements and
    17  standards set forth pursuant to the federal Help America Vote  Act.  For
    18  purposes  of  this  subdivision,  paper is "durable" if it is capable of
    19  withstanding multiple counts and recounts by hand  without  compromising
    20  the  fundamental  integrity of the ballots, and capable of retaining the
    21  information marked or printed  on  them  for  the  full  duration  of  a
    22  retention and preservation period of twenty-two months.
    23    (b)  All  voter-verified  paper ballots completed by the voter through
    24  the use of a ballot marking device shall  be  clearly  readable  by  the
    25  voter without assistance (other than eyeglasses or other personal vision
    26  enhancing  devices)  and  by  an optical character recognition device or
    27  other device equipped for individuals with disabilities.
    28    § 17. Article 9 of the election law is amended by adding a new title 3
    29  to read as follows:
    30                                  TITLE III
    31                           MANDATORY MANUAL AUDITS
    32  Section 9-300. Requiring audits of results of elections.
    33          9-302. Number of ballots counted under audit.
    34          9-304. Process for administering audits.
    35          9-306. Selection of election districts.
    36          9-308. Publication of results.
    37    § 9-300. Requiring audits of results of elections.  1.  In  accordance
    38  with  this title, the state board of elections shall administer, without
    39  advance notice to the local boards of elections selected, audits of  the
    40  results  of  all  elections  for  state  and local offices held for each
    41  election consisting of random hand counts of  the  voter-verified  paper
    42  ballots required to be used and preserved pursuant to this chapter.
    43    2. The state board of elections shall not be required to administer an
    44  audit  of  the  results  of  an election under this title if the winning
    45  candidate in the election:
    46    (a) had no opposition on the ballot; or
    47    (b) received eighty percent or more of the total number of votes  cast
    48  in the election, as determined on the basis of the final unofficial vote
    49  count.
    50    3.  The  state  board  of elections shall administer audits under this
    51  title through an election auditing entity selected for such  purpose  by
    52  the  state  board  of  elections in accordance with such criteria as the
    53  state board of  elections  considers  appropriate  consistent  with  the
    54  requirements  of this title, except that such entity must meet standards
    55  to ensure its independence.

        A. 8626                            16
 
     1    § 9-302. Number of ballots counted under audit. 1. Except as  provided
     2  in  subdivision  two of this section, the number of voter-verified paper
     3  ballots which will be subject  to  a  hand  count  administered  by  the
     4  election  auditing  entity  under this title with respect to an election
     5  shall be determined as follows:
     6    (a) In the event that the unofficial count as described in subdivision
     7  one  of  section  9-304 of this title reveals that the margin of victory
     8  between the two candidates receiving the largest number of votes in  the
     9  election  is  less  than  one  percent  of  the total votes cast in that
    10  election, the hand counts of  the  voter-verified  paper  ballots  shall
    11  occur  in at least ten percent of all election districts (or alternative
    12  audit units used in accordance with the method provided for under subdi-
    13  vision two of this section) in the district involved or the state.
    14    (b) In the event that the unofficial count as described in subdivision
    15  one of section 9-304 of this title reveals that the  margin  of  victory
    16  between  the two candidates receiving the largest number of votes in the
    17  election is greater than or equal to  one  percent  but  less  than  two
    18  percent of the total votes cast in that election, the hand counts of the
    19  voter-verified paper ballots shall occur in at least five percent of all
    20  election  districts  (or alternative audit units used in accordance with
    21  the method provided for under subdivision two of this  section)  in  the
    22  district involved or the state.
    23    (c) In the event that the unofficial count as described in subdivision
    24  one  of  section  9-304 of this title reveals that the margin of victory
    25  between the two candidates receiving the largest number of votes in  the
    26  election is equal to or greater than two percent of the total votes cast
    27  in  that  election,  the hand counts of the voter-verified paper ballots
    28  shall occur in at least three percent  of  all  election  districts  (or
    29  alternative  audit units used in accordance with the method provided for
    30  under subdivision two of this section) in the district involved  or  the
    31  state.
    32    2. Notwithstanding subdivision one of this section, the state board of
    33  elections  may adopt and apply an alternative mechanism to determine the
    34  number of voter-verified paper ballots which will be subject to the hand
    35  counts required under this title with respect to an election, so long as
    36  the alternative mechanism  uses  the  voter-verified  paper  ballots  to
    37  conduct  the  audit  and the alternative mechanism is in accordance with
    38  the principles set forth in this subdivision. In approving  an  alterna-
    39  tive  mechanism  under  this  subdivision,  the state board of elections
    40  shall ensure that the audit procedure will have the  property  that  for
    41  each election:
    42    (a) the alternative mechanism will be at least as statistically effec-
    43  tive  in ensuring the accuracy of the election results as the procedures
    44  under this section; or
    45    (b) the alternative mechanism will  achieve  at  least  a  ninety-five
    46  percent  confidence  interval (as determined in accordance with criteria
    47  set forth by the National Institute of Standards  and  Technology)  with
    48  respect to the outcome of the election.
    49    § 9-304. Process for administering audits. The election auditing enti-
    50  ty  shall  administer  an  audit under this section of the results of an
    51  election in accordance with the following procedures:
    52    1. Within twenty-four hours after the final unofficial vote  count  is
    53  released, the election auditing entity shall:
    54    (a) determine and then announce the election districts (or alternative
    55  audit  units  used in accordance with the method provided under subdivi-

        A. 8626                            17
 
     1  sion two of section 9-302 of this title) in the state in which  it  will
     2  administer the audits; and
     3    (b)  with  respect to votes cast at the election district on or before
     4  the date of the election (other  than  affidavit  ballots  described  in
     5  subdivision  two of this section), begin to administer the hand count of
     6  the votes on the voter-verified paper ballots required to  be  used  and
     7  preserved  under  this  chapter  and  the comparison of the count of the
     8  votes on those ballots with the final unofficial count of such votes  as
     9  announced by the board of elections.
    10    2.  With  respect to votes cast other than at the election district on
    11  the date of the election (other than votes cast before the date  of  the
    12  election)  or votes cast by affidavit ballot on the date of the election
    13  which are certified and counted by the board of elections  on  or  after
    14  the  date  of  the  election,  including  votes cast by absent uniformed
    15  services voters and overseas voters under  the  Uniformed  and  Overseas
    16  Citizens  Absentee Voting Act, the election auditing entity shall admin-
    17  ister the hand count of the votes on the applicable voter-verified paper
    18  ballots required to be produced and preserved under this chapter and the
    19  comparison of the count of the votes on those  ballots  with  the  final
    20  unofficial count of such votes as announced by the board of elections.
    21    3.  In  administering  the  audits,  the  election auditing entity may
    22  utilize the services of the personnel of the state or  local  boards  of
    23  elections, including election administration personnel and poll workers,
    24  without  regard to whether or not the personnel have professional audit-
    25  ing experience.
    26    4. The election auditing  entity  shall  administer  an  audit  of  an
    27  election:
    28    (a)  at the location where the ballots cast in the election are stored
    29  and counted after the date of the election or such other appropriate and
    30  secure location agreed upon by the  election  auditing  entity  and  the
    31  state board of elections; and
    32    (b) in the presence of the personnel of the state board of elections.
    33    5.  (a)  If  the  election  auditing entity finds that any of the hand
    34  counts administered under this section do not match the final unofficial
    35  tally of the results of an election, the election auditing entity  shall
    36  administer  hand counts of such additional election districts (or alter-
    37  native audit units) as the election auditing entity considers  appropri-
    38  ate  to  resolve  any  concerns  resulting from the audit and ensure the
    39  accuracy of the election results.
    40    (b) Not later than August first,  two  thousand  nineteen,  the  state
    41  board  of  elections shall establish and publish procedures for carrying
    42  out the additional audits under this subdivision, including the means by
    43  which the state board of elections shall resolve any concerns  resulting
    44  from  the  audit  with  finality and ensure the accuracy of the election
    45  results.
    46    6. Each audit conducted under this section shall  be  conducted  in  a
    47  manner that allows public observation of the entire process.
    48    §  9-306.  Selection  of  election  districts. 1. The selection of the
    49  election districts or alternative audit units in the state in which  the
    50  election  auditing  entity  shall  administer the hand counts under this
    51  title shall be made by the election auditing entity on  a  random  basis
    52  except  that  at least one election district shall be selected at random
    53  in each county, with  additional  election  districts  selected  by  the
    54  election auditing entity at the election auditing entity's discretion.

        A. 8626                            18
 
     1    2. The random selection of election districts under subdivision one of
     2  this section shall be conducted in public, at a time and place announced
     3  in advance.
     4    §  9-308.  Publication of results. 1. As soon as practicable after the
     5  completion of an audit under this title, the  election  auditing  entity
     6  shall  submit  to the state board of elections the results of the audit,
     7  and shall include in the submission a comparison of the results  of  the
     8  election in the election district as determined by the election auditing
     9  entity  under  the  audit  and  the  final  unofficial vote count in the
    10  election district as announced by the board of elections and all  under-
    11  votes,  overvotes,  blank  ballots,  and  spoiled,  voided, or cancelled
    12  ballots, as well as a list of any discrepancies discovered  between  the
    13  initial,  subsequent, and final hand counts administered by the election
    14  auditing entity and such final unofficial vote count and any explanation
    15  for such discrepancies, broken down by the categories of votes described
    16  in subdivisions one and two of section 9-304 of this title.
    17    2. Immediately after receiving the submission of  the  results  of  an
    18  audit  from  the  election auditing entity under subdivision one of this
    19  section, the state  board  of  elections  shall  publicly  announce  and
    20  publish the information contained in the submission.
    21    3. The results of any election which is subject to an audit under this
    22  title shall not be certified prior to:
    23    (a)  to  the completion of the audit (and, if required, any additional
    24  audit conducted under subdivision five of section 9-304 of  this  title)
    25  and the announcement and submission of the results of each such audit to
    26  the state board of elections for publication of the information required
    27  under this section; and
    28    (b)  the completion of any procedure established by the state board of
    29  elections pursuant to subdivision five of section 9-304 of this title to
    30  resolve discrepancies and ensure the accuracy of results.
    31    § 18. Subdivision 3-a of section 3-100 of the election law  is  renum-
    32  bered  subdivision  3-b  and  a  new subdivision 3-a is added to read as
    33  follows:
    34    3-a. (a) It shall be unlawful for a  member  of  the  state  board  of
    35  elections  to  take an active part in political management or in a poli-
    36  tical campaign with  respect  to  any  election  held  pursuant  to  the
    37  provisions  of  this chapter or for federal office over which such offi-
    38  cial has supervisory authority.   Provided, however, that  this  section
    39  shall  not  apply to such officials with respect to an election in which
    40  the official or an immediate family member of the official is  a  candi-
    41  date.
    42    (b)  For  the purposes of this section, the following terms shall have
    43  the following meanings:
    44    (i) "Active part" shall mean service as  a  member  of  an  authorized
    45  committee  of  a  candidate for office; the use of official authority or
    46  influence for the purpose of interfering with or affecting the result of
    47  an election; and the solicitation, acceptance, or receipt of a  contrib-
    48  ution from any person on behalf of a candidate for office.
    49    (ii)  "Immediate family member" shall mean a candidate's father, moth-
    50  er, son, daughter, brother,  sister,  husband,  wife,  father-in-law  or
    51  mother-in-law.
    52    § 19. Subdivision 11 of section 5-614 of the election law, as added by
    53  chapter 24 of the laws of 2005, is amended to read as follows:
    54    11.  a. The state board of elections shall establish a statewide voter
    55  hotline [using information available through the statewide voter  regis-
    56  tration  list]  for  [voters to obtain information regarding their voter

        A. 8626                            19

     1  registration] responding to questions and  complaints  from  individuals
     2  voting or seeking to vote, or registering to vote or seeking to register
     3  to  vote,  in  elections  held  pursuant  to  this chapter or in federal
     4  elections. Such hotline shall provide same-day, and immediate assistance
     5  to  such  individuals, including information on how to register to vote,
     6  the location and hours of operation of polling places, and how to obtain
     7  absentee ballots, and assistance to such individuals encountering  prob-
     8  lems  with registering to vote or voting, including individuals encount-
     9  ering intimidation or deceptive practices.
    10    b. Such voter hotline shall operate in  a  manner  that  ensures  that
    11  individuals  with  disabilities and individuals with limited proficiency
    12  in the English language are fully able to use the service.
    13    c. The state board of elections shall furnish to the temporary  presi-
    14  dent  of  the  senate,  the speaker of the assembly, and the governor, a
    15  bi-annual report detailing the number and type of calls received by  the
    16  service,  a  compilation  and  description  of  the  reports made to the
    17  service  by  individuals  citing  instances  of  voter  intimidation  or
    18  suppression, an assessment of the effectiveness of the service in making
    19  information  available to all households with telephone service, and any
    20  recommendations to improve the service.
    21    § 20. Article 8 of the election law is amended by adding a new title 6
    22  to read as follows:
    23                                  TITLE VI
    24                       EARLY VOTING AND VOTING BY MAIL
    25  Section 8-600. Early voting; general.
    26          8-601. Early voting; length of period.
    27          8-602. Polling place requirements.
    28          8-603. Early voting; state board of elections.
    29          8-604. Voting by mail.
    30    § 8-600. Early voting; general. A voter shall be permitted to vote  in
    31  any  election  held pursuant to the provisions of this chapter during an
    32  early voting period which occurs prior to the date of the  election,  in
    33  the same manner as voting is allowed on such date.
    34    §  8-601.  Early  voting; length of period. 1. The early voting period
    35  required under section 8-600 of this title, shall consist of a period of
    36  consecutive days, including weekends, which begins on the fifteenth  day
    37  before the date of the election and ends on the date of the election.
    38    2.  Such  early  voting period may commence prior to the fifteenth day
    39  before the date of the election.
    40    § 8-602. Polling place  requirements.  1.  Each  polling  place  which
    41  allows  voting during an early voting period under section 8-600 of this
    42  title shall:
    43    a. allow such voting for no less than four hours on each  day,  except
    44  such  polling  place  may allow such voting for fewer than four hours on
    45  Sundays; and
    46    b. have uniform hours each day for which such voting occurs.
    47    2. To the greatest extent practicable, each polling place which allows
    48  voting during an early voting period under section 8-600 of this  title,
    49  shall be located within walking distance of a stop on a public transpor-
    50  tation route.
    51    § 8-603. Early voting; state board of elections. 1. The state board of
    52  elections  shall  issue standards for the administration of early voting
    53  for a state or local election. Such standards shall include the  nondis-
    54  criminatory  geographic placement of polling places at which such voting
    55  occurs.

        A. 8626                            20
 
     1    2. The standards described in subdivision one of  this  section  shall
     2  permit  the  boards of elections, upon providing adequate public notice,
     3  to deviate from any requirement in the case of unforeseen  circumstances
     4  such as a natural disaster, terrorist attack, or a change in voter turn-
     5  out.
     6    §  8-604.  Voting by mail. A voter qualified to cast a vote in a state
     7  or local election shall not be restricted by  additional  conditions  or
     8  requirements  on  the eligibility of such voter to vote in such election
     9  by mail, except to the extent the board of elections imposes a  deadline
    10  for  requesting  the ballot and related voting materials from the appro-
    11  priate election official and for returning the ballot to the appropriate
    12  official.
    13    § 21. Section 8-400 of the election law is amended  by  adding  a  new
    14  subdivision 6-a to read as follows:
    15    6-a.  An  absentee  ballot may not be accepted or processed unless the
    16  individual's identity is verified by comparing the  individual's  signa-
    17  ture on the absentee ballot with the individual's signature on the offi-
    18  cial  list  of  registered  voters,  in  accordance with such procedures
    19  adopted by the state board of elections.
    20    § 22. Section 5-104 of the election law is amended  by  adding  a  new
    21  subdivision 1-a to read as follows:
    22    1-a.  For  the  purpose of registering and voting, no spouse, domestic
    23  partner, or dependent of a person  who  is  absent  from  the  state  in
    24  compliance with military or naval orders shall, solely by reason of that
    25  person's absence and without regard to whether or not such family member
    26  is accompanying that person be deemed to have:
    27    a.  lost  a  residence  or  domicile  in this state, without regard to
    28  whether or not the person intends to return;
    29    b. acquired a residence or domicile in any other state; or
    30    c. become a resident in or a resident of any other state.
    31    § 23. Section 10-124 of the election law is amended  by  adding  three
    32  new subdivisions 3, 4 and 5 to read as follows:
    33    3.  Not  later  than  forty-five  days  before any regularly scheduled
    34  general election the state board of elections shall submit a  report  to
    35  the  governor  and attorney general and make that report publicly avail-
    36  able that same day, certifying that absentee ballots  for  the  election
    37  are  or  will be available for transmission to absent uniformed services
    38  voters and overseas voters by no later than the amount of days prior  to
    39  the  election as outlined in paragraph (a) of subdivision one of section
    40  10-108 of this article.  The report shall be in a form prescribed joint-
    41  ly by the governor and attorney  general  and  shall  require  certified
    42  specific  information  about ballot availability from each unit of local
    43  government which will administer the election.
    44    4. Not later than twelve days before any regularly  scheduled  general
    45  election  the  state  board  of  elections  shall submit a report to the
    46  governor and attorney general and make that  report  publicly  available
    47  that  same day, certifying whether all absentee ballots have been trans-
    48  mitted by no later than the amount of days  prior  to  the  election  as
    49  outlined  in  paragraph (a) of subdivision one of section 10-108 of this
    50  article to all qualified absent uniformed services and  overseas  voters
    51  whose  requests  were  received prior to such dates before the election.
    52  The report shall be in a form prescribed jointly  by  the  governor  and
    53  attorney  general and shall require certified specific information about
    54  ballot availability from each unit of local government which will admin-
    55  ister the election.

        A. 8626                            21
 
     1    5. Not later than ninety days after the date of each regularly  sched-
     2  uled  general  election  the  state and county boards of elections which
     3  administered such election shall submit a report  to  the  governor  and
     4  attorney  general on the combined number of absentee ballots transmitted
     5  to absent uniformed services voters and overseas voters for the election
     6  and  the  combined  number  of  such ballots which were returned by such
     7  voters and cast in the election, and shall make such report available to
     8  the general public that same day.
     9    § 24. Section 10-108 of the election law is amended by  adding  a  new
    10  subdivision 2-a to read as follows:
    11    2-a.  (a) In the event that the board of elections in any county fails
    12  to meet the requirements of paragraph (a) of  subdivision  one  of  this
    13  section  the board of elections in such county shall transmit the ballot
    14  to the voter by express delivery or in the  case  of  a  voter  who  has
    15  designated  that  absentee  ballots  be  transmitted electronically, the
    16  board of elections of such county shall transmit the ballot to the voter
    17  electronically.
    18    (b) If, in carrying out the provisions of paragraph (a) of this subdi-
    19  vision, a county board of elections transmits an absentee ballot  to  an
    20  absent  uniformed services voter or overseas voter fewer than seven days
    21  before the election, the county board  of  elections  shall  enable  the
    22  ballot to be returned by the voter by express delivery.
    23    §  25.  Section  10-106 of the election law is amended by adding a new
    24  subdivision 9 to read as follows:
    25    9. (a) If an application submitted by  an  absent  uniformed  services
    26  voter  or  overseas voter has been accepted and such voter requests that
    27  the application be considered an application for an absentee ballot  for
    28  each  subsequent  election, an absentee ballot shall be provided to such
    29  voter for each subsequent election.
    30    (b) Paragraph (a) of this subdivision shall not apply with respect  to
    31  a voter registered to vote in any election held after the voter notifies
    32  the  board of elections that the voter no longer wishes to be registered
    33  to vote in this state or such county or after  the  board  of  elections
    34  determines  that  the  voter  has registered to vote in another state or
    35  county or is otherwise no longer eligible to vote.
    36    (c) A valid voter registration application or absentee ballot applica-
    37  tion submitted by an absent uniformed services voter or  overseas  voter
    38  shall  not be refused on the grounds that the voter submitted the appli-
    39  cation before the first date on which such applications are accepted  or
    40  processed  by  absentee  voters  who  are  not  members of the uniformed
    41  services or overseas citizens.
    42    § 26. Section 3-404 of the election law is amended  by  adding  a  new
    43  subdivision 8 to read as follows:
    44    8.  (a)  An  employee in or under a state agency is entitled to leave,
    45  without loss of or reduction in pay, leave to which otherwise  entitled,
    46  credit  for time or service, or performance or efficiency rating, not to
    47  exceed six days in a leave year, in order to provide  election  adminis-
    48  tration  assistance  at  a polling place on the date of any election for
    49  public office or to receive any training  without  which  such  employee
    50  would be ineligible to provide such assistance.
    51    (b)  The department of civil service may prescribe regulations for the
    52  administration of this subdivision, including regulations setting  forth
    53  the  terms  and  conditions of the election administration assistance an
    54  employee may provide for purposes of paragraph (a) of this subdivision.
    55    § 27. Title 4 of article 3 of the election law is amended by adding  a
    56  new section 3-422 to read as follows:

        A. 8626                            22
 
     1    §  3-422.  Model  poll  worker training program. 1. The state board of
     2  elections shall develop and provide to each county materials for a model
     3  poll worker training program which the counties may use to  train  indi-
     4  viduals to serve as poll workers in state and county elections.
     5    2.  The materials for the model poll worker training program developed
     6  under this section shall include  materials  to  provide  training  with
     7  respect to the following:
     8    (a)  the  relevant  provisions of the laws which apply to the adminis-
     9  tration of elections, including but not limited to the Voting Rights Act
    10  of 1965 and the Help America Vote Act of 2002;
    11    (b) the provision of access to voting to individuals with disabilities
    12  in a manner which preserves the dignity and privacy of such individuals;
    13    (c) the provision of access to  voting  to  individuals  with  limited
    14  English  language  proficiency,  and  to  individuals who are members of
    15  racial or ethnic minorities, consistent with  the  protections  provided
    16  for such individuals under relevant law, in a manner which preserves the
    17  dignity of such individuals;
    18    (d)  practical  experience in the use of voting machines which will be
    19  used in the election involved, including the accessibility  features  of
    20  such machines; and
    21    (e)  such other election administration subjects as the state board of
    22  elections considers appropriate to ensure that poll workers are able  to
    23  efficiently assist with the administration of elections.
    24    §  28.  Section  3-212  of the election law is amended by adding a new
    25  subdivision 6 to read as follows:
    26    6. Before the state board of elections or any local board of elections
    27  makes any changes in administration,  regulations,  policies,  practices
    28  and  procedures  affecting  counties  with  at least ten percent African
    29  American, Hispanic, Asian and/or Native American registered  voters  who
    30  average  fifty  percent or less voter turnout over the past five general
    31  elections and/or  have  any  minority  voter  complaints  or  government
    32  enforcement  actions within the past ten years, must submit such changes
    33  to the  civil  rights  bureau  of  the  attorney  general's  office  for
    34  approval. This shall not apply to any changes made pursuant to law.
    35    § 29. The sum of five million dollars ($5,000,000) is hereby appropri-
    36  ated  to  the  state  board  of elections out of any moneys in the state
    37  treasury in the general  fund  to  the  credit  of  the  state  purposes
    38  account, not otherwise appropriated, and made immediately available, for
    39  the  purpose  of  carrying  out  the  provisions of section 3-508 of the
    40  election law.  Such moneys shall be payable on the audit and warrant  of
    41  the  comptroller  on vouchers certified or approved by a majority of the
    42  commissioners of the state board of elections in the  manner  prescribed
    43  by law.
    44    §  30.  This  act shall take effect immediately and shall apply to all
    45  elections conducted in 2018  and  thereafter.  Provided,  however,  that
    46  section  twenty-seven  of this act shall take effect one year after this
    47  act takes effect.
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