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

                                  3212

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sens.  MAZIARZ,  ALESI, GOLDEN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the election law, the education  law  and
  the  correction law, in relation to voting by level two or level three
  sex offenders

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

  Section  1. The penal law is amended by adding two new sections 145.75
and 145.80 to read as follows:
S 145.75 UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL  OR  FACILITY  FOR
           CHILDREN FOR THE PURPOSES OF VOTING IN THE SECOND DEGREE.
  1.  A PERSON IS GUILTY OF UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL
OR FACILITY FOR CHILDREN FOR  THE  PURPOSES  OF  VOTING  IN  THE  SECOND
DEGREE,  WHEN  BEING  A LEVEL TWO OR LEVEL THREE SEX OFFENDER, HE OR SHE
ENTERS OR REMAINS IN A SCHOOL OR FACILITY FOR CHILDREN FOR THE  PURPOSES
OF  CASTING  A  BALLOT  OR OTHERWISE VOTING DURING ANY PRIMARY, GENERAL,
SPECIAL, SCHOOL DISTRICT OR OTHER ELECTION IN  WHICH  RESIDENTS,  REGIS-
TERED OR QUALIFIED VOTERS ARE ENTITLED TO CAST BALLOTS.
  2. FOR THE PURPOSES OF THIS SECTION: (A) "LEVEL TWO OR LEVEL THREE SEX
OFFENDER"  SHALL  MEAN A PERSON REGISTERED OR REQUIRED TO REGISTER UNDER
SECTION ONE HUNDRED SIXTY-EIGHT-F OF THE CORRECTION LAW WHO HAS RECEIVED
A LEVEL TWO OR LEVEL THREE DESIGNATION PURSUANT TO SECTION  ONE  HUNDRED
SIXTY-EIGHT-L  OF  THE  CORRECTION  LAW; AND (B) "SCHOOL OR FACILITY FOR
CHILDREN" SHALL MEAN A  BUILDING,  STRUCTURE,  ATHLETIC  PLAYING  FIELD,
PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A
PUBLIC  OR  PRIVATE  ELEMENTARY,  PAROCHIAL,  INTERMEDIATE, JUNIOR HIGH,
VOCATIONAL, OR HIGH SCHOOL, OR ANY OTHER FACILITY OR INSTITUTION  PRIMA-
RILY USED FOR THE CARE OR TREATMENT OF PERSONS UNDER THE AGE OF EIGHTEEN
WHILE ONE OR MORE OF SUCH PERSONS UNDER THE AGE OF EIGHTEEN ARE PRESENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04410-01-9

S. 3212                             2
              

  UNLAWFULLY  ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR CHILDREN
FOR THE PURPOSES OF VOTING IN THE SECOND DEGREE IS A CLASS  A  MISDEMEA-
NOR.
S  145.80  UNLAWFULLY  ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR
           CHILDREN FOR THE PURPOSES OF VOTING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL  OR
FACILITY  FOR  CHILDREN  FOR  THE PURPOSES OF VOTING IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF UNLAWFULLY ENTERING OR REMAINING  IN
A  SCHOOL  OR  FACILITY  FOR  CHILDREN FOR THE PURPOSES OF VOTING IN THE
SECOND DEGREE, HAVING PREVIOUSLY BEEN CONVICTED OF SUCH CRIME WITHIN THE
PRECEDING TEN YEARS.
  UNLAWFULLY ENTERING OR REMAINING IN A SCHOOL OR FACILITY FOR  CHILDREN
FOR THE PURPOSES OF VOTING IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  2.  Paragraph (f) of subdivision 1 of section 8-400 of the election
law is amended and a new paragraph (g) is added to read as follows:
  (f) absent from his voting residence because he is  detained  in  jail
awaiting action by a grand jury or awaiting trial, or confined in prison
after  a conviction for an offense other than a felony, provided that he
is qualified to vote in the election district of his residence[.]; OR
  (G) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING PLACE  OF  THE
ELECTION  DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE HE OR
SHE IS A LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS
LOCATED ON OR WITHIN A SCHOOL OR FACILITY FOR CHILDREN  AS    THE  TERMS
"LEVEL  TWO  AND  LEVEL  THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR
CHILDREN" ARE DEFINED IN SECTION 145.75 OF THE PENAL LAW.
  S 3. Subparagraph (vi) of paragraph (c) of subdivision  3  of  section
8-400  of  the  election  law is amended and a new subparagraph (vii) is
added to read as follows:
  (vi) absent from the county of his residence, or if a resident of  the
city  of New York absent from said city, because of his accompanying his
spouse, parent or child who falls within one of  the  foregoing  catego-
ries;  a  statement  that  the  applicant  resides  in the same election
district as such spouse, parent or child, the name and address  of  such
spouse,  parent  or  child,  and, unless the application accompanies the
application of such spouse, parent or child, the information as  to  the
status  of such spouse, parent or child required by the applicable cate-
gory[.]; OR
  (VII) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING PLACE OF THE
ELECTION DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE HE  OR
SHE IS A LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS
LOCATED  ON  OR  WITHIN  A  SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS
"LEVEL TWO AND LEVEL THREE SEX OFFENDER" AND  "SCHOOL  OR  FACILITY  FOR
CHILDREN" ARE DEFINED IN SECTION 145.75 OF THE PENAL LAW.
  S  4.  Section  8-400  of  the election law is amended by adding a new
subdivision 10 to read as follows:
  10. SIXTY DAYS BEFORE EACH  ELECTION  THE  BOARD  OF  ELECTIONS  SHALL
COMPILE A LIST OF ALL LEVEL TWO AND LEVEL THREE REGISTERED SEX OFFENDERS
ENTITLED  TO RECEIVE ABSENTEE BALLOTS PURSUANT TO THE PROVISIONS OF THIS
SECTION. THE BOARD OF ELECTIONS SHALL, BY MAIL  ADDRESSED  TO  SUCH  SEX
OFFENDER  AT  HIS OR HER REGISTERED ADDRESS, SEND AN ABSENTEE BALLOT FOR
THE ENSUING ELECTION TO SUCH PERSON IN THE SAME MANNER  AS  PROVIDED  IN
THIS  SECTION  FOR  A  QUALIFIED  VOTER  ENTITLED  TO AN ABSENTEE BALLOT
BECAUSE OF ILLNESS OR DISABILITY.
  S 5. Subdivision 2 of section 2018-a of the education law, as added by
chapter 219 of the laws of 1978, paragraphs a and b as amended by  chap-
ter 136 of the laws of 1991, paragraph c as amended by chapter 26 of the

S. 3212                             3

laws  of  1994, paragraph d as amended by chapter 72 of the laws of 1988
and paragraph g as amended by chapter  825  of  the  laws  of  1984,  is
amended to read as follows:
  2.  a. An applicant for such an absentee ballot shall submit an appli-
cation setting forth (1) his OR HER name and residence address,  includ-
ing  the street and number, if any, or town and rural delivery route, if
any; (2) that he OR SHE is or will be, on the day of the school district
election, a qualified voter of the school district in which  he  OR  SHE
resides  in  that  he  OR SHE is or will be, on such date, over eighteen
years of age, a citizen of the  United  States  and  has  or  will  have
resided  in  the  district for thirty days next preceding such date; (3)
whether he OR SHE is registered in the district; AND (4) that he OR  SHE
will  be  unable  to  appear  to vote in person on the day of the school
district election for which the absentee ballot is requested because  he
OR SHE is, or will be on such day (a) a patient in a hospital, or unable
to appear personally at the polling place on such day because of illness
or  physical disability [or]; (b) because his OR HER duties, occupation,
business, or studies will require him OR HER to be outside of the county
or city of his residence on such day[,]; (c) because he OR SHE  will  be
on  vacation  outside the county or city of his OR HER residence on such
day; [or,] (d) absent from his voting residence because  he  OR  SHE  is
detained in jail awaiting action by a grand jury or awaiting trial or is
confined  in prison after conviction for an offense other than a felony.
Such application must be received by the district clerk at  least  seven
days  before the election if the ballot is to be mailed to the voter, or
the day before the election, if the ballot is to be delivered personally
to the voter; OR (E) PROHIBITED FROM APPEARING PERSONALLY AT THE POLLING
PLACE OF THE ELECTION DISTRICT IN WHICH HE OR SHE IS A  QUALIFIED  VOTER
BECAUSE  HE  OR  SHE IS A LEVEL TWO OR LEVEL THREE SEX OFFENDER AND SUCH
POLLING PLACE IS LOCATED ON OR WITHIN A SCHOOL OR FACILITY FOR  CHILDREN
AS  THE  TERMS  "LEVEL  TWO AND LEVEL THREE SEX OFFENDER" AND "SCHOOL OR
FACILITY FOR CHILDREN" ARE DEFINED IN SECTION 145.75 OF THE PENAL LAW.
  b. (1) Where such duties, occupation, business, or studies are of such
a nature as ordinarily to require such absence, a brief  description  of
such duties, occupation, business, or studies shall be set forth in such
application. (2) Where such duties, occupation, business, or studies are
not  of such a nature as ordinarily to require such absence, such appli-
cation shall contain a statement of the special circumstances on account
of which such absence is required.
  c. Where the applicant expects in good faith to be absent on  the  day
of  the election because he OR SHE will be on vacation elsewhere on such
day, such application shall also contain the dates upon which he OR  SHE
expects  to begin and end such vacation, the place or places where he OR
SHE expects to be on such vacation, the name and address of his  OR  HER
employer,  if  any, and if self-employed or retired, a statement to that
effect.
  d. Where the absence is because of detention or confinement  to  jail,
such  application  shall  state  whether  the voter is detained awaiting
action of the grand jury or is confined after conviction for an  offense
other than a felony.
  e.  WHERE THE APPLICANT INDICATES HE OR SHE IS PROHIBITED FROM APPEAR-
ING PERSONALLY AT THE POLLING PLACE OF THE ELECTION DISTRICT IN WHICH HE
OR SHE IS A QUALIFIED VOTER BECAUSE HE OR SHE IS A LEVEL  TWO  OR  LEVEL
THREE  SEX  OFFENDER  AND  SUCH  POLLING PLACE IS LOCATED ON OR WITHIN A
SCHOOL OR FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO AND LEVEL  THREE
SEX  OFFENDER"  AND  "SCHOOL  OR  FACILITY  FOR CHILDREN" ARE DEFINED IN

S. 3212                             4

SECTION 145.75 OF THE PENAL LAW SUCH APPLICATION SHALL STATE WHETHER  OR
NOT THE VOTER IS CURRENTLY UNDER A SENTENCE OF IMPRISONMENT FOR A FELONY
OR ON PAROLE.
  F. Where a person is or would be, if he OR SHE were a qualified voter,
entitled  to  apply  for  the right to vote by absentee ballot under the
provisions of this section, his OR HER spouse, parent  or  child,  if  a
qualified  voter  and  a  resident of the same school district, shall be
entitled to vote as an absentee voter upon personally making and signing
an application in accordance  with  the  preceding  provisions  of  this
subdivision  and  showing  that  he OR SHE expects to be absent from the
school district on the day of the school district election by reason  of
accompanying  or  being with the spouse, child or parent who is or would
be, if he OR SHE were a qualified voter, so entitled to  apply  for  the
right  to  vote  by absentee ballot, and, in the event no application is
made by such spouse, child or parent, such further  information  as  the
board of registration shall require.
  [f.]  G.  Such application shall include the following statement to be
signed by the voter.
  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false  statement  in the foregoing statement of application for absentee
ballots, I shall be guilty of a misdemeanor.

Date.....................Signature of Voter ............................

  [g.] H. An applicant whose ability to appear personally at the polling
place of the school district of which he OR SHE is a qualified voter  is
substantially  impaired by reason of permanent illness or physical disa-
bility and whose registration record has been marked "permanently  disa-
bled"  by  the  board  of  elections  pursuant  to the provisions of the
election law shall be entitled to receive an absentee ballot pursuant to
the provisions of this section without making separate  application  for
such  absentee  ballot, and the board of registration upon being advised
by the board of elections on or with the list of registered voters  that
the  registration  record  of  a  voter is marked "permanently disabled"
shall send an absentee ballot to such voter at his  OR  HER  last  known
address with a request to the postal authorities not to forward same but
to  return same in five days in the event that it cannot be delivered to
the addressee. The board  of  education  shall  determine  whether  such
ballot  shall  be  sent  by  first  class or by certified mail. All such
ballots shall be mailed in the same manner as determined by the board of
education. The board of registration shall make an appropriate entry  on
the  registration  indicating  the fact that an absentee ballot has been
sent and the date of mailing.
  S 6. Subdivision 2 of section 2018-b of the education law, as  amended
by  chapter 46 of the laws of 1992 and paragraph c as amended by chapter
26 of the laws of 1994, is amended to read as follows:
  2. a. An applicant for such an absentee ballot shall submit an  appli-
cation  setting forth (1) his OR HER name and residence address, includ-
ing the street and number, if any, or town and rural delivery route,  if
any; (2) that he OR SHE is or will be, on the day of the school district
election,  a  qualified  voter of the school district in which he OR SHE
resides in that he OR SHE is or will be, on  such  date,  over  eighteen
years  of  age,  a  citizen  of  the  United States and has or will have
resided in the district for thirty days next preceding  such  date;  AND
(3) that he OR SHE will be unable to appear to vote in person on the day

S. 3212                             5

of  the  school  district  election  for  which  the  absentee ballot is
requested because he OR SHE is, or will be on such day (a) a patient  in
a  hospital, or unable to appear personally at the polling place on such
day  because  of illness or physical disability [or]; (b) because his OR
HER duties, occupation, business, or studies will require him OR HER  to
be  outside  of  the county or city of his residence on such day[,]; (c)
because he OR SHE will be on vacation outside the county or city of  his
OR  HER  residence  on such day; [or,] (d) absent from his OR HER voting
residence because he OR SHE is detained in jail  awaiting  action  by  a
grand  jury  or awaiting trial or is confined in prison after conviction
for an offense other than a felony; OR  (E)  PROHIBITED  FROM  APPEARING
PERSONALLY  AT THE POLLING PLACE OF THE ELECTION DISTRICT IN WHICH HE OR
SHE IS A QUALIFIED VOTER BECAUSE HE OR SHE IS A LEVEL TWO OR LEVEL THREE
SEX OFFENDER AND SUCH POLLING PLACE IS LOCATED ON OR WITHIN A SCHOOL  OR
FACILITY FOR CHILDREN AS THE TERMS "LEVEL TWO AND LEVEL THREE SEX OFFEN-
DER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE DEFINED IN SECTION 145.75
OF  THE  PENAL  LAW.   Such application must be received by the district
clerk or designee of the trustees or school board at  least  seven  days
before  the  election if the ballot is to be mailed to the voter, or the
day before the election, if the ballot is to be delivered personally  to
the voter.
  b. (1) Where such duties, occupation, business, or studies are of such
a  nature  as ordinarily to require such absence, a brief description of
such duties, occupation, business, or studies shall be set forth in such
application.
  (2) Where such duties, occupation, business, or  studies  are  not  of
such  a  nature  as ordinarily to require such absence, such application
shall contain a statement of the special  circumstances  on  account  of
which such absence is required.
  c.  Where  the applicant expects in good faith to be absent on the day
of the election because he OR SHE will be on vacation elsewhere on  such
day,  such application shall also contain the dates upon which he OR SHE
expects to begin and end such vacation, the place or places where he  OR
SHE  expects  to be on such vacation, the name and address of his OR HER
employer, if any, and if self-employed or retired, a statement  to  that
effect.
  d.  Where  the absence is because of detention or confinement to jail,
such application shall state whether  the  voter  is  detained  awaiting
action  of the grand jury or is confined after conviction for an offense
other than a felony.
  e.  WHERE THE APPLICANT INDICATES THAT HE OR SHE  IS  PROHIBITED  FROM
APPEARING  PERSONALLY  AT  THE POLLING PLACE OF THE ELECTION DISTRICT IN
WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE HE OR SHE IS A LEVEL TWO OR
LEVEL THREE SEX OFFENDER AND SUCH POLLING PLACE IS LOCATED ON OR  WITHIN
A  SCHOOL  OR  FACILITY  FOR  CHILDREN AS THE TERMS "LEVEL TWO AND LEVEL
THREE SEX OFFENDER" AND "SCHOOL OR FACILITY FOR CHILDREN" ARE DEFINED IN
SECTION 145.75 OF THE PENAL LAW SUCH APPLICATION SHALL STATE WHETHER  OR
NOT THE VOTER IS CURRENTLY UNDER A SENTENCE OF IMPRISONMENT FOR A FELONY
OR ON PAROLE.
  F. Where a person is or would be, if he OR SHE were a qualified voter,
entitled  to  apply  for  the right to vote by absentee ballot under the
provisions of this section, his OR HER spouse, parent  or  child,  if  a
qualified  voter  and  a  resident of the same school district, shall be
entitled to vote as an absentee voter upon personally making and signing
an application in accordance  with  the  preceding  provisions  of  this
subdivision  and  showing  that  he OR SHE expects to be absent from the

S. 3212                             6

school district on the day of the school district election by reason  of
accompanying  or  being with the spouse, child or parent who is or would
be, if he OR SHE were a qualified voter, so entitled to  apply  for  the
right  to  vote  by absentee ballot, and, in the event no application is
made by such spouse, child or parent, such further  information  as  the
clerk of the school district or designee of the trustees or school board
shall require.
  [f.]  G.  Such application shall include the following statement to be
signed by the voter.

  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false  statement  in the foregoing statement of application for absentee
ballots, I shall be guilty of a misdemeanor.

Date......................Signature of Voter ...........................

  [g.] H. The clerk of the school district or a designee of the trustees
or school board shall request  registration  lists  from  the  board  of
elections pursuant to subdivision three of section 5-612 of the election
law  for  those voters whose registration record has been marked "perma-
nently disabled". An applicant whose ability to appear personally at the
polling place of the school district of which he OR SHE is  a  qualified
voter  is substantially impaired by reason of permanent illness or phys-
ical disability and whose registration record has  been  marked  "perma-
nently disabled" as determined by the board of elections pursuant to the
provisions  of this chapter and who has previously applied for an absen-
tee ballot shall be entitled  to  receive  subsequent  absentee  ballots
pursuant  to  the  provisions  of  this  section without making separate
application for such absentee  ballot,  and  the  clerk  of  the  school
district  or  a  designee  of the trustees or school board shall send an
absentee ballot to such voter at his OR HER last known  address  with  a
request to the postal authorities not to forward same but to return same
in  five days in the event that it cannot be delivered to the addressee.
The clerk of the school district or a designee of the trustees or school
board shall determine whether such ballot shall be sent by  first  class
or  by  certified  mail.  All  such  ballots shall be mailed in the same
manner as determined by the trustees or the board of education.
  S 7. Subdivision 1 of section 168-q of the correction law, as  amended
by chapter 106 of the laws of 2006, is amended to read as follows:
  1.  The  division shall maintain a subdirectory of level two and three
sex offenders. The subdirectory shall include the exact address, address
of the offender's place of employment and photograph of the sex offender
along with the  following  information,  if  available:  name,  physical
description,   age  and  distinctive  markings.  Background  information
including the sex offender's crime of conviction,  modus  of  operation,
type  of  victim  targeted,  the  name and address of any institution of
higher education at which the sex  offender  is  enrolled,  attends,  is
employed  or  resides and a description of special conditions imposed on
the sex offender shall also be included. The subdirectory shall have sex
offender listings categorized by county and zip  code.  A  copy  of  the
subdirectory  shall  annually  be  distributed  to  the offices of local
village, town, city,  county  or  state  law  enforcement  agencies  for
purposes  of public access AND TO EACH COUNTY BOARD OF ELECTIONS AND THE
BOARD OF ELECTIONS OF THE CITY OF NEW YORK.  The division shall distrib-
ute monthly updates to the offices of local village, town, city,  county

S. 3212                             7

or  state  law  enforcement agencies for purposes of public access. Such
departments shall require that a person in writing  provide  their  name
and address prior to viewing the subdirectory. Any information identify-
ing  the  victim  by  name,  birth  date, address or relation to the sex
offender  shall  be  excluded  from  the  subdirectory  distributed  for
purposes of public access. The subdirectory provided for herein shall be
updated  monthly  to maintain its efficiency and usefulness and shall be
computer accessible. Such subdirectory shall be made  available  at  all
times on the internet via the division homepage.
  S  8.  The  election  law is amended by adding a new section 17-172 to
read as follows:
  S 17-172. IMMUNITY AND DEFENSE FOR POLL WORKERS AND OTHERS RELATED  TO
ADMITTANCE  OF  SEX  OFFENDERS  TO POLLING PLACES. 1. NO PERSON SHALL BE
CIVILLY LIABLE FOR REFUSING ADMITTANCE OF A LEVEL TWO OR LEVEL THREE SEX
OFFENDER TO A POLLING PLACE WHICH IS OR IS WITHIN A SCHOOL  OR  FACILITY
FOR  CHILDREN  AS THOSE TERMS ARE DEFINED IN SECTION 145.75 OF THE PENAL
LAW, WHEN SUCH PERSON IS ACTING IN GOOD FAITH AND IN THE PERFORMANCE  OF
THEIR DUTIES. FOR THE PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED
TO  BE ACTING IN GOOD FAITH IF THE NAME AND ADDRESS OR NAME AND APPROXI-
MATE ADDRESS BASED ON ZIP CODE OF THE VOTER REFUSED ADMISSION APPEARS ON
A LIST OF LEVEL TWO OR LEVEL THREE SEX OFFENDERS PROVIDED BY A BOARD  OF
ELECTIONS OR THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  2.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO ANY CHARGE OF VIOLATING THE
ELECTIVE FRANCHISE OF A VOTER BASED UPON THE REFUSING OF ADMITTANCE OF A
LEVEL TWO OR LEVEL THREE SEX OFFENDER TO A POLLING PLACE WHICH IS OR  IS
WITHIN  A  SCHOOL OR FACILITY FOR CHILDREN AS THOSE TERMS ARE DEFINED IN
SECTION 145.75 OF THE PENAL LAW, THAT THE NAME AND ADDRESS OR  NAME  AND
APPROXIMATE  ADDRESS  BASED  ON  ZIP CODE OF THE VOTER REFUSED ADMISSION
APPEARS ON A LIST OF LEVEL TWO OR LEVEL THREE SEX OFFENDERS PROVIDED  BY
A BOARD OF ELECTIONS OR THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S  9.  This  act  shall  take  effect  immediately  and shall apply to
elections held on and after January 1, 2010,  provided  that  the  state
board  of  elections  shall be authorized to promulgate any rules, regu-
lations, forms, or notices required to carry out the provisions of  this
act prior to such effective date.