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

                                  4313

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M. of A. GALEF, DINOWITZ, BURLING, CHRISTENSEN, MILLMAN,
  MILLER, ARROYO, CAMARA, KOLB, REILLY, ALFANO, GIGLIO, KAVANAGH, JAFFEE
  -- Multi-Sponsored by -- M. of  A.  BACALLES,  BARRA,  BING,  BOYLAND,
  BROOK-KRASNY,  CAHILL,  CALHOUN, CLARK, COLTON, CONTE, DUPREY, FIELDS,
  FINCH, GOTTFRIED, JOHN, MAYERSOHN, McDONOUGH, MOLINARO, PAULIN,  PHEF-
  FER,  SAYWARD,  SCARBOROUGH,  SPANO,  THIELE,  WALKER -- read once and
  referred to the Committee on Election Law

AN ACT to amend  the  election  law,  in  relation  to  including  email
  addresses in voter registration data

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (k) and (l) of subdivision 5 of section 5-210 of
the election law, as amended by chapter 179 of the laws of 2005, subpar-
agraph (xii) of paragraph (k) as added by chapter 362  of  the  laws  of
2008, are amended to read as follows:
  (k)  The  form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) A SPACE FOR THE FURNISHING OF AN EMAIL ADDRESS,  THE  FURNISHING
OF  WHICH  SHALL  BE OPTIONAL, TOGETHER WITH A NOTICE STATING THAT IF AN
EMAIL ADDRESS IS FURNISHED, ALL  NOTICES  AND  COMMUNICATIONS  OTHERWISE
REQUIRED  TO  BE  SENT  BY  THE STATE BOARD OF ELECTIONS TO THE VOTER BY
POSTAL MAIL SHALL BE SENT BY EMAIL IN ADDITION TO  POSTAL  MAIL.  COUNTY
BOARDS  OF  ELECTIONS AND THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
SHALL HAVE THE OPTION OF SENDING NOTICES  AND  COMMUNICATIONS  OTHERWISE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01664-01-9
              

A. 4313                             2

REQUIRED  TO BE SENT TO THE VOTER BY POSTAL MAIL BY EMAIL IN ADDITION TO
POSTAL MAIL IF THE VOTER FURNISHES AN EMAIL ADDRESS.
  (IV) The date of birth of the applicant.
  [(iv)]  (V)  A space for the applicant to indicate his or her driver's
license or department of motor vehicles non-driver photo  ID  number  or
the  last  four  digits  of his or her social security number or, if the
applicant does not have either such number, a space for the applicant to
indicate he or she does not have either.
  [(v)] (VI) A space for the applicant to indicate whether or not he  or
she  is a citizen of the United States and the statement "If you checked
"no" in response to this question, do not complete this form."
  [(vi)] (VII) A space for the applicant to answer  the  question  "Will
you be 18 years of age on or before election day?" and the statement "If
you checked "no" in response to this question, do not complete this form
unless you will be 18 by the end of the year."
  [(vii)] (VIII) A statement informing the applicant that if the form is
submitted  by  mail and the applicant is registering for the first time,
certain information or documents must  be  submitted  with  the  mail-in
registration  form  in order to avoid additional identification require-
ments upon voting for the first time.  Such  information  and  documents
are:
  (A)  a  driver's  license  or  department of motor vehicles non-driver
photo ID number; or
  (B) the last four digits of the individual's social  security  number;
or
  (C) a copy of a current and valid photo identification; or
  (D)  a  copy  of  a  current  utility bill, bank statement, government
check, paycheck or other government document that  shows  the  name  and
address of the voter.
  [(viii)] (IX) The gender of the applicant (optional).
  [(ix)]  (X) A space for the applicant to indicate his or her choice of
party enrollment, with a clear alternative provided for the applicant to
decline to affiliate with any party.
  [(x)] (XI) The telephone number of the applicant (optional).
  [(xi)] (XII) A place for the applicant to execute the form on  a  line
which  is  clearly  labeled  "signature  of  applicant"  preceded by the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I meet all the requirements to  register  to  vote  in  New  York
       State.
     * This is my signature or mark on the line below.
     * All  the  information  contained  on  this application is true. I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date  and
the aforementioned line for the applicant's signature.
  [(xii)]  (XIII)  A space for the applicant to register in the New York
state donate life registry for organ and  tissue  donations  established
pursuant to section forty-three hundred ten of the public health law.
  (l)  The  mail  voter  registration  application form developed by the
federal election commission pursuant to the provisions of  section  nine
of  the National Voter Registration Act of 1993 42 USC 1973gg-7 shall be
deemed to meet the requirements of this  section.  Any  application  for

A. 4313                             3

registration  received  on such an application form shall be accepted if
the applicant is otherwise eligible to register to vote pursuant to  the
provisions  of  this  article.    A VOTER WHOSE REGISTRATION IS ACCEPTED
PURSUANT  TO  THE  PROVISIONS  OF  THIS  PARAGRAPH SHALL BE PERMITTED TO
FURNISH AN EMAIL ADDRESS TO THE BOARD  OF  ELECTIONS,  WHICH  FURNISHING
SHALL  CARRY  THE  SAME  NOTICE  AND HAVE THE SAME EFFECT AS PROVIDED BY
SUBPARAGRAPH (III) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S 2. Paragraph d of subdivision 4 of section  5-500  of  the  election
law,  as  amended by chapter 659 of the laws of 1994, is amended to read
as follows:
  d. The residence address at which the voter claims to reside and  post
office  address,  if  not the same; and the number or designation of the
room, apartment, or floor occupied by the voter if he OR  SHE  does  not
claim  the  entire  building  as  his OR HER residence; AND IN ADDITION,
SPACE FOR THE FURNISHING OF AN EMAIL ADDRESS, THE  FURNISHING  OF  WHICH
SHALL  BE  OPTIONAL,  TOGETHER  WITH  A  NOTICE STATING THAT IF AN EMAIL
ADDRESS IS FURNISHED, ALL NOTICES AND COMMUNICATIONS OTHERWISE  REQUIRED
TO  BE  SENT BY THE STATE BOARD OF ELECTIONS TO THE VOTER BY POSTAL MAIL
SHALL BE SENT BY EMAIL IN ADDITION TO  POSTAL  MAIL.  COUNTY  BOARDS  OF
ELECTIONS  AND THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL HAVE
THE OPTION OF SENDING NOTICES AND COMMUNICATIONS OTHERWISE  REQUIRED  TO
BE  SENT TO THE VOTER BY POSTAL MAIL BY EMAIL IN ADDITION TO POSTAL MAIL
IF THE VOTER FURNISHES AN EMAIL ADDRESS;
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided that the
state board of elections is authorized to promulgate any and  all  rules
and  regulations and take any other measures necessary to implement this
act on its effective date on or before such date.