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

                                  5236

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01121-01-1
              

S. 5236                             2

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.