S T A T E   O F   N E W   Y O R K
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                                  2960

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BARCLAY, SCOZZAFAVA, OAKS, HAYES, KOLB, HAWLEY --
  Multi-Sponsored  by  --  M.  of  A. BACALLES, BURLING, CALHOUN, FINCH,
  GIGLIO, MOLINARO, QUINN, TOWNSEND, WALKER -- 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:

  Section 1. The election law is amended by adding a new  section  5-217
to read as follows:
  S  5-217.  ADDITIONAL REGISTRATION. 1. IN ADDITION TO ANY OTHER METHOD
OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED PERSON
MAY APPLY FOR REGISTRATION AND ENROLLMENT BY APPLICATION MADE SIMULTANE-
OUSLY AND INTEGRATED  WITH  AN  APPLICATION  FOR  ANY  TYPE  OF  HUNTING
LICENSE, A FISHING LICENSE, AND ANY COMBINATION OF BOTH.
  2.  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WITH THE APPROVAL OF
THE STATE BOARD OF ELECTIONS, SHALL DESIGN A FORM OR FORMS WHICH  SHALL,
IN  ADDITION  TO  ELICITING  SUCH  INFORMATION AS MAY BE REQUIRED BY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A  HUNTING  LICENSE  AND/OR
FISHING  LICENSE,  SERVE  AS AN APPLICATION FOR REGISTRATION AND ENROLL-
MENT, OR A REGISTRATION NECESSITATED BY A CHANGE OF RESIDENCE. THE  COST
OF  SUCH FORMS SHALL BE BORNE BY THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION.
  3. THE VOTER REGISTRATION PORTION OF SUCH FORMS SHALL:
  (A) NOT  REQUIRE  ANY  INFORMATION  THAT  DUPLICATES  THE  INFORMATION
REQUIRED  ON  THE  APPLICATION FOR THE LICENSE PORTION AND SHALL REQUIRE
ONLY SUCH ADDITIONAL INFORMATION, INCLUDING THE  APPLICANT'S  SIGNATURE,
AS  WILL ENABLE ELECTION OFFICIALS TO ASSESS THE APPLICANT'S ELIGIBILITY
TO REGISTER TO VOTE, PREVENT DUPLICATE REGISTRATION  AND  TO  ADMINISTER
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.
                                                           LBD03005-01-9

              

A. 2960                             2

  (B)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER
SIGNATURE THAT HE OR SHE MEETS SUCH REQUIREMENTS UNDER PENALTY OF PERJU-
RY; AND
  (C)  INFORM  THE  APPLICANT,  IN  PRINT  IDENTICAL TO THAT USED IN THE
ATTESTATION SECTION OF THE FOLLOWING:
  (I) VOTER ELIGIBILITY REQUIREMENTS;
  (II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
  (III) THAT THE OFFICE  WHERE  THE  APPLICANT  REGISTERS  SHALL  REMAIN
CONFIDENTIAL  AND THE INFORMATION SHALL BE USED ONLY FOR VOTER REGISTRA-
TION PURPOSES;
  (IV) IF THE APPLICANT DECLINES TO REGISTER,  HIS  OR  HER  DECLINATION
SHALL  REMAIN  CONFIDENTIAL  AND  BE  USED  ONLY  FOR VOTER REGISTRATION
PURPOSES.
  4. INCLUDED ON THE FORM OR ON A SEPARATE FORM SHALL BE:
  (A) THE QUESTION, "IF YOU ARE NOT REGISTERED TO VOTE  WHERE  YOU  LIVE
NOW, WOULD YOU LIKE TO APPLY TO REGISTER HERE TODAY";
  (B) BOXES FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE APPLICANT
WOULD LIKE TO REGISTER OR DECLINE TO REGISTER TO VOTE;
  (C)  THE STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE  AT  THIS
TIME.";
  (D)  THE  STATEMENT,  "IF YOU WOULD LIKE HELP IN FILLING OUT THE VOTER
REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION WHETHER TO
SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICATION  FORM  IN
PRIVATE.";
  (E)  THE  STATEMENT,  "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED WITH
YOUR RIGHT TO REGISTER OR DECLINE TO REGISTER TO  VOTE,  YOUR  RIGHT  TO
PRIVACY  IN  DECIDING  WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO
VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY  OR  OTHER  POLI-
TICAL  PREFERENCE,  YOU  MAY  FILE  A  COMPLAINT WITH THE STATE BOARD OF
ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER)."; AND
  (F) A TOLL FREE NUMBER AT THE STATE BOARD OF  ELECTIONS  THAT  CAN  BE
CALLED FOR ANSWERS TO REGISTRATION QUESTIONS.
  5.  THE  FORM  CONTAINING THE DECLINATION TO REGISTER TO VOTE SHALL BE
RETAINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  FOR  THE  SAME
PERIOD  OF  TIME AS SUCH DEPARTMENT RETAINS THE ACCOMPANYING APPLICATION
FOR SERVICES OR FOR SUCH SHORTER PERIOD OF TIME AS MAY  BE  APPROVED  BY
THE STATE BOARD OF ELECTIONS.
  6.  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION SHALL TRANSMIT THAT
PORTION OF THE FORM WHICH  CONSTITUTES  THE  COMPLETED  APPLICATION  FOR
REGISTRATION  OR  CHANGE  OF  ADDRESS  FORM  TO THE APPROPRIATE BOARD OF
ELECTIONS NOT LATER THAN TEN DAYS AFTER RECEIPT  EXCEPT  THAT  ALL  SUCH
COMPLETED  APPLICATIONS AND FORMS RECEIVED BY THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION BETWEEN THE THIRTIETH AND TWENTY-FIFTH DAY BEFORE AN
ELECTION SHALL BE TRANSMITTED IN SUCH MANNER AND  AT  SUCH  TIME  AS  TO
ASSURE THEIR RECEIPT BY SUCH BOARD OF ELECTIONS NOT LATER THAN THE TWEN-
TIETH  DAY BEFORE SUCH ELECTION. ALL TRANSMITTALS SHALL INCLUDE ORIGINAL
SIGNATURES.
  7. COMPLETED APPLICATION FORMS RECEIVED BY THE DEPARTMENT OF  ENVIRON-
MENTAL  CONSERVATION NOT LATER THAN THE TWENTY-FIFTH DAY BEFORE THE NEXT
ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION  AND  TRANSMITTED  BY  SUCH
DEPARTMENT  TO  THE  APPROPRIATE  BOARD  OF  ELECTIONS  SO THAT THEY ARE
RECEIVED NOT LATER THAN THE TWENTIETH DAY  BEFORE  SUCH  ELECTION  SHALL
ENTITLE THE APPLICANT TO VOTE IN SUCH ELECTION PROVIDED THE BOARD DETER-
MINES THAT THE APPLICANT IS OTHERWISE QUALIFIED.

A. 2960                             3

  8.  DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
TION TO REGISTER, BY THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,  ITS
AGENTS  OR  EMPLOYEES, FOR OTHER THAN VOTER REGISTRATION PURPOSES, SHALL
BE DEEMED AN UNWARRANTED INVASION OF PERSONAL PRIVACY  PURSUANT  TO  THE
PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFI-
CERS LAW AND SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
  9.  APPLICATION  FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN
THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF  THE  APPLI-
CANT  IS  ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH COUNTY
OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF  THIS  TITLE.  THE
BOARD  SHALL  SEND  THE  APPROPRIATE  NOTICE OF APPROVAL OR REJECTION AS
REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION
FIVE OF SUCH SECTION 5-208.
  10. STRICT NEUTRALITY WITH RESPECT  TO  A  PERSON'S  PARTY  ENROLLMENT
SHALL BE MAINTAINED AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE.
  11. NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE  THE
APPLICANT FROM REGISTERING TO VOTE.
  12. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL PROVIDE TO EACH
PERSON  WHO  CHOOSES  TO  REGISTER  TO VOTE THE SAME LEVEL OF ASSISTANCE
PROVIDED TO PERSONS IN CONNECTION WITH THE COMPLETION  OF  THE  AGENCY'S
OWN FORMS, UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE.
  13.  THE  STATE  BOARD  OF  ELECTIONS SHALL ADOPT SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY  TO  CARRY  OUT  THE  REQUIREMENTS  OF  THIS
SECTION. THE BOARD SHALL ALSO ADOPT SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY  TO  REQUIRE COUNTY BOARDS AND THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION TO PROVIDE THE STATE BOARD WITH SUCH INFORMATION  AND  DATA
AS  THE BOARD DEEMS NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION AND
TO COMPILE SUCH STATISTICS AS MAY BE REQUIRED BY THE  FEDERAL  ELECTIONS
COMMISSION.
  14.  THE  STATE BOARD OF ELECTIONS SHALL DEVELOP AND DISTRIBUTE PUBLIC
INFORMATION AND PROMOTIONAL  MATERIALS  RELATING  TO  THE  PURPOSES  AND
IMPLEMENTATION OF THIS PROGRAM.
  15.  THE  STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION WRITTEN INSTRUCTIONS AS TO  THE
IMPLEMENTATION  OF THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING
TRAINING PROGRAMS FOR  EMPLOYEES  OF  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION INVOLVED IN SUCH PROGRAM.
  16.  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION SHALL TAKE ALL
ACTIONS WHICH ARE NECESSARY AND PROPER FOR THE  IMPLEMENTATION  OF  THIS
SECTION.  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL DESIGNATE
ONE PERSON WITHIN THE AGENCY AS THE AGENCY VOTER REGISTRATION  COORDINA-
TOR  WHO  WILL,  UNDER THE DIRECTION OF THE STATE BOARD OF ELECTIONS, BE
RESPONSIBLE FOR THE VOTER REGISTRATION PROGRAM IN SUCH AGENCY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.