S T A T E   O F   N E W   Y O R K
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                                  8633

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, LANCMAN, ROSENTHAL, LUPARDO, COLTON,
  REILLY, MENG, CASTRO, P. RIVERA -- Multi-Sponsored  by  --  M.  of  A.
  ABINANTI, BOYLAND, 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.
                                                           LBD01121-01-1
              

A. 8633                             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  164  of  the  laws  of
2010, is amended to read as follows:
  (ii) He or she may swear to and subscribe an affidavit stating that he
or  she  has  duly  registered  to  vote,  the  address in such election
district from which he or she registered, that he or she remains a  duly
qualified  voter in such election district, that his or her registration
poll record appears to be lost or misplaced or  that  his  or  her  name
and/or  his  or  her  signature  was omitted from the computer generated
registration list or that he or she has  moved  within  [the  county  or
city]  NEW  YORK STATE since he or she last registered, the address from
which he or she was previously registered and the address at which he or
she currently resides, and at a primary election, the party in which  he
or she is enrolled. The inspectors of election shall offer such an affi-
davit  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.  Such   form
prescribed  by  the  state  board of elections shall request information
required to register such voter should the county board  determine  that
such  voter  is  not  registered  and shall constitute an application to
register to vote. 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 notation 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 or
her name on such list.  The voter shall then, without  further  inquiry,
be  permitted  to vote an affidavit ballot provided for by this chapter.
Such ballot shall thereupon be placed in the envelope containing his  or
her  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.