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

                                  7011

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced  by M. of A. BING, LANCMAN, ROSENTHAL, LUPARDO, COLTON, KOON,
  REILLY, HOYT, MENG -- Multi-Sponsored by -- M. of A. BRENNAN,  CAHILL,
  GOTTFRIED,  WEISENBERG  --  read once and referred to the Committee on
  Election Law

AN ACT to amend the election law, in relation to a  universal  jurisdic-
  tion voting act

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

  Section 1. Subdivisions 1, 4, and 8 of section 5-208 of  the  election
law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996,
subdivision  4  as added by chapter 659 of the laws of 1994, are amended
to read as follows:
  1. The board of elections shall transfer the registration and  enroll-
ment  of any voter for whom it receives a notice of change of address to
another address in [the same county or city] NEW YORK STATE, or for  any
voter  who  casts  a  ballot  in an affidavit ballot envelope which sets
forth such a new address.  Such notices shall include, but not be limit-
ed to, notices received from any state agency  which  conducts  a  voter
registration  program  pursuant  to the provisions of sections 5-211 and
5-212 of this title, that the voter has notified such agency of a change
of address in [the same city or county] NEW YORK STATE unless the  voter
has  indicated that such change of address is not for voter registration
purposes, notices of change of address from  the  United  States  Postal
Service  through the National Change of Address System, any notices of a
forwarding address on mail sent to a voter by the board of elections and
returned by the postal service, national  or  state  voter  registration
forms, confirmation mailing response cards, United States Postal Service
notices  to correspondents of change of address, applications for regis-
tration from persons already registered in [such  county  or  city]  NEW
YORK  STATE, or any other notices to correspondents sent to the board of
elections by such voters.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10231-01-9
              

A. 7011                             2

  4. If such application for registration from a  voter  already  regis-
tered  in [such county or city] NEW YORK STATE also reflects a change of
enrollment, the board of elections shall treat such  application  as  an
application  for  change of enrollment pursuant to section 5-304 of this
article.
  8.  If  the  board of elections receives notice of a change of address
within [such city or county] NEW YORK STATE from, or with respect to,  a
person  who it determines is not registered in [such county or city] NEW
YORK STATE, it shall forthwith send such person a notice to that  effect
in  a  form  approved by the state board of elections at the new address
set forth in such notice of change of address,  together  with  a  voter
registration form.
  S  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by chapter  200  of  the  laws  of
1996, is amended to read as follows:
  (ii)  He  may  swear to and subscribe an affidavit stating that he has
duly registered to vote, the address  in  such  election  district  from
which  he  registered,  that  he  remains a duly qualified voter in such
election district, that his registration poll record appears to be  lost
or  misplaced or that his name and/or his signature was omitted from the
computer generated registration list or that he has  moved  within  [the
county  or  city]  NEW  YORK STATE since he last registered, the address
from which he was previously registered and  the  address  at  which  he
currently  resides,  and at a primary election, the party in which he is
enrolled. The inspectors of election shall offer such  an  affidavit  to
each  such  voter  whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board  of
elections,  shall be printed on an envelope of the size and quality used
for an absentee ballot envelope, and  shall  contain  an  acknowledgment
that  the  affiant  understands that any false statement made therein is
perjury punishable according to law. The voter's name  and  the  entries
required shall then be entered without delay and without further inquiry
in  the  fourth section of the challenge report or in the place provided
at the end of the computer generated registration list, with  the  nota-
tion  that  the voter has executed the affidavit hereinabove prescribed,
or, if such person's name appears on the computer generated registration
list, the board of elections may provide a place to make such entry next
to his name on such list. The voter shall then, without further inquiry,
be permitted to vote an emergency ballot provided for by  this  chapter.
Such  ballot  shall  thereupon  be placed in the envelope containing his
affidavit, and  the  envelope  sealed  and  returned  to  the  board  of
elections  in the manner provided by this chapter for protested official
ballots, including a statement of the number of such ballots.
  S 3. This act shall take effect immediately.