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

                                  1938

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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  including  e-mail
  addresses in voter registration data

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

  Section 1. Paragraphs (k) and (l) of subdivision 5 of section 5-210 of
the election law, as amended by chapter 179 of the laws of 2005, subpar-
agraph (xii) of paragraph (k) as added by chapter 362  of  the  laws  of
2008, are amended to read as follows:
  (k)  The  form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) A SPACE FOR THE FURNISHING OF AN E-MAIL ADDRESS, THE  FURNISHING
OF  WHICH  SHALL  BE OPTIONAL, TOGETHER WITH A NOTICE STATING THAT IF AN
E-MAIL ADDRESS IS FURNISHED, ALL NOTICES  AND  COMMUNICATIONS  OTHERWISE
REQUIRED  TO  BE  SENT  BY  THE STATE BOARD OF ELECTIONS TO THE VOTER BY
POSTAL MAIL SHALL BE SENT BY E-MAIL IN ADDITION TO POSTAL  MAIL.  COUNTY
BOARDS  OF  ELECTIONS AND THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
SHALL HAVE THE OPTION OF SENDING NOTICES  AND  COMMUNICATIONS  OTHERWISE
REQUIRED TO BE SENT TO THE VOTER BY POSTAL MAIL BY E-MAIL IN ADDITION TO
POSTAL MAIL IF THE VOTER FURNISHES AN EMAIL ADDRESS.
  (IV) The date of birth of the applicant.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04490-01-3
              

S. 1938                             2

  [(iv)]  (V)  A space for the applicant to indicate his or her driver's
license or department of motor vehicles non-driver photo  ID  number  or
the  last  four  digits  of his or her social security number or, if the
applicant does not have either such number, a space for the applicant to
indicate he or she does not have either.
  [(v)]  (VI) A space for the applicant to indicate whether or not he or
she is a citizen of the United States and the statement "If you  checked
"no" in response to this question, do not complete this form."
  [(vi)]  (VII)  A  space for the applicant to answer the question "Will
you be 18 years of age on or before election day?" and the statement "If
you checked "no" in response to this question, do not complete this form
unless you will be 18 by the end of the year."
  [(vii)] (VIII) A statement informing the applicant that if the form is
submitted by mail and the applicant is registering for the  first  time,
certain  information  or  documents  must  be submitted with the mail-in
registration form in order to avoid additional  identification  require-
ments  upon  voting  for  the first time. Such information and documents
are:
  (A) a driver's license or  department  of  motor  vehicles  non-driver
photo ID number; or
  (B)  the  last four digits of the individual's social security number;
or
  (C) a copy of a current and valid photo identification; or
  (D) a copy of a  current  utility  bill,  bank  statement,  government
check,  paycheck  or  other  government document that shows the name and
address of the voter.
  [(viii)] (IX) The gender of the applicant (optional).
  [(ix)] (X) A space for the applicant to indicate his or her choice  of
party enrollment, with a clear alternative provided for the applicant to
decline to affiliate with any party.
  [(x)] (XI) The telephone number of the applicant (optional).
  [(xi)]  (XII)  A place for the applicant to execute the form on a line
which is clearly  labeled  "signature  of  applicant"  preceded  by  the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I  meet  all  the  requirements  to  register to vote in New York
       State.
     * This is my signature or mark on the line below.
     * All the information contained on  this  application  is  true.  I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which  form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
  [(xii)] (XIII) A space for the applicant to register in the  New  York
state  donate  life  registry for organ and tissue donations established
pursuant to section forty-three hundred ten of the public health law.
  (l) The mail voter registration  application  form  developed  by  the
federal  election  commission pursuant to the provisions of section nine
of the National Voter Registration Act of 1993 42 USC 1973gg-7 shall  be
deemed  to  meet  the  requirements of this section. Any application for
registration received on such an application form shall be  accepted  if
the  applicant is otherwise eligible to register to vote pursuant to the
provisions of this article.   A VOTER  WHOSE  REGISTRATION  IS  ACCEPTED

S. 1938                             3

PURSUANT  TO  THE  PROVISIONS  OF  THIS  PARAGRAPH SHALL BE PERMITTED TO
FURNISH AN E-MAIL ADDRESS TO THE BOARD OF  ELECTIONS,  WHICH  FURNISHING
SHALL  CARRY  THE  SAME  NOTICE  AND HAVE THE SAME EFFECT AS PROVIDED BY
SUBPARAGRAPH (III) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S  2.  Paragraph  d  of subdivision 4 of section 5-500 of the election
law, as amended by chapter 659 of the laws of 1994, is amended  to  read
as follows:
  d.  The residence address at which the voter claims to reside and post
office address, if not the same; and the number or  designation  of  the
room,  apartment,  or  floor occupied by the voter if he OR SHE does not
claim the entire building as his OR  HER  residence;  AND  IN  ADDITION,
SPACE  FOR  THE FURNISHING OF AN E-MAIL ADDRESS, THE FURNISHING OF WHICH
SHALL BE OPTIONAL, TOGETHER WITH A NOTICE  STATING  THAT  IF  AN  E-MAIL
ADDRESS  IS FURNISHED, ALL NOTICES AND COMMUNICATIONS OTHERWISE REQUIRED
TO BE SENT BY THE STATE BOARD OF ELECTIONS TO THE VOTER BY  POSTAL  MAIL
SHALL  BE  SENT  BY  E-MAIL IN ADDITION TO POSTAL MAIL. COUNTY BOARDS OF
ELECTIONS AND THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL  HAVE
THE  OPTION  OF SENDING NOTICES AND COMMUNICATIONS OTHERWISE REQUIRED TO
BE SENT TO THE VOTER BY POSTAL MAIL BY E-MAIL IN ADDITION TO POSTAL MAIL
IF THE VOTER FURNISHES AN E-MAIL ADDRESS;
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided that the
state board of elections is authorized to promulgate any and  all  rules
and  regulations and take any other measures necessary to implement this
act on its effective date on or before such date.