S T A T E   O F   N E W   Y O R K
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                                 172--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. KAVANAGH, BOYLAND, CAHILL, ENGLEBRIGHT, GALEF,
  KELLNER, PAULIN, ROBINSON, ROSENTHAL, WRIGHT, QUART -- Multi-Sponsored
  by -- M. of A.  BRENNAN, FARRELL, GOTTFRIED, LAVINE, LIFTON,  LUPARDO,
  THIELE  --  read once and referred to the Committee on Election Law --
  recommitted to the Committee on Election Law in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the election law, in relation to allowing for polling
  place voter registration for any qualified person who  is  not  regis-
  tered to vote

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

  Section 1. Section 5-210 of the election law is amended  by  adding  a
new subdivision 1-a to read as follows:
  1-A.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE RELATING
TO REGISTRATION REQUIREMENTS, ANY QUALIFIED PERSON WHO IS NOT REGISTERED
IN THIS STATE MAY APPLY PERSONALLY FOR REGISTRATION  AND  ENROLLMENT  BY
APPEARING  AT THE APPROPRIATE POLLING PLACE FOR THE ELECTION DISTRICT IN
WHICH HE OR SHE RESIDES ON THE DAY OF ANY PRIMARY,  GENERAL  OR  SPECIAL
ELECTION DURING THE HOURS THAT SUCH POLLING PLACE IS OPEN FOR VOTING. TO
BE  ELIGIBLE  TO  REGISTER  PURSUANT  TO THIS SUBDIVISION, A PERSON MUST
PROVIDE ACCEPTABLE FORMS OF IDENTIFICATION  CONTAINING  PROOF  OF  RESI-
DENCE,  AS  DETERMINED BY STATE LAW IMPLEMENTING THE HELP AMERICANS VOTE
ACT OF 2002 (PUBLIC LAW 107-252). ANY PERSON WHO SO  REGISTERS  TO  VOTE
SHALL  EXECUTE  THE  FOLLOWING INSTRUMENT IN SUBSTANTIALLY THE FOLLOWING
FORM:
  "I, (NAME), DO HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT, TO  THE
BEST  OF  MY KNOWLEDGE, I AM A QUALIFIED VOTER, HAVING RESIDED AT (PLACE
OF RESIDENCE) FOR  AT  LEAST  THIRTY  DAYS  IMMEDIATELY  PRECEDING  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01376-03-4
              

A. 172--A                           2

ELECTION,  THAT  I  AM NOT DISQUALIFIED ON ANY LEGAL GROUNDS FROM VOTING
AND THAT I HAVE NOT ALREADY VOTED AT THIS ELECTION."
  (B)  IF  A REGISTRANT IS UNABLE TO PROVIDE VALID PROOF OF RESIDENCE AS
REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION, SUCH  REGISTRANT  MAY  BE
ALLOWED  TO  REGISTER  FOR AND VOTE IN ANY ELECTION BY AFFIDAVIT BALLOT.
SUCH AFFIDAVIT BALLOT SHALL NOT BE COUNTED UNTIL ELECTION OFFICIALS  CAN
DETERMINE SUCH REGISTRANT'S RESIDENCE AND ELIGIBILITY TO VOTE.
  (C)  THE  BOARD  OF  ELECTIONS  SHALL ESTABLISH A PROCEDURE BY WHICH A
PERSON WHO REGISTERS PURSUANT TO THIS SUBDIVISION MAY CAST  HIS  OR  HER
VOTE AT THE APPROPRIATE POLLING PLACE.
  S 2. This act shall take effect January 1, 2015.