S T A T E   O F   N E W   Y O R K
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                                  10371

                          I N  A S S E M B L Y

                              May 24, 2016
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Election Law

AN ACT to amend the election law, in relation to establishing  an  elec-
  tronic registration process integrated within designated agency appli-
  cations

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

  Section 1. Article 5 of the election law is amended by  adding  a  new
title 9 to read as follows:
                                TITLE IX
             ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
SECTION 5-900. INTEGRATED   PERSONAL   VOTER   REGISTRATION  APPLICATION
                  REQUIRED.
        5-902. AUTOMATIC REINSTATEMENT AFTER FORFEITURE.
        5-904. FAILURE TO PROVIDE  EXEMPLAR  SIGNATURE  NOT  TO  PREVENT
                 REGISTRATION.
        5-906. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
        5-908. FORMS.
  S  5-900. INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION REQUIRED.
1. IN ADDITION TO ANY OTHER METHOD OF VOTER REGISTRATION PROVIDED FOR BY
THIS CHAPTER, STATE AND LOCAL AGENCIES DESIGNATED IN SUBDIVISION TEN  OF
THIS  SECTION SHALL PROVIDE TO THE STATE BOARD OF ELECTIONS VOTER REGIS-
TRATION  QUALIFICATION  INFORMATION  ASSOCIATED  WITH  EACH  PERSON  WHO
SUBMITS  AN APPLICATION FOR SERVICES AT SUCH AGENCY, OR WHO NOTIFIES THE
AGENCY OF A CHANGE OF ADDRESS OR NAME. SUCH  DESIGNATED  AGENCIES  SHALL
ENSURE  AGENCY  APPLICATIONS  SUBSTANTIALLY  INCLUDE ALL OF THE ELEMENTS
REQUIRED BY SECTION 5-210 OF THIS  ARTICLE,  INCLUDING  THE  APPROPRIATE
ATTESTATION,  SO THAT PERSONS COMPLETING SUCH APPLICATIONS SHALL BE ABLE
TO ALSO SUBMIT AN APPLICATION TO REGISTER TO VOTE THROUGH THE ELECTRONIC
VOTER REGISTRATION TRANSMITTAL SYSTEM. FOR  PURPOSES  OF  THIS  SECTION,
"AGENCY"  SHALL  MEAN  ANY  STATE OR LOCAL AGENCY, DEPARTMENT, DIVISION,
OFFICE, INSTITUTION OR OTHER ENTITY DESIGNATED BY  THE  STATE  BOARD  OF
ELECTIONS PURSUANT TO SUBDIVISION TEN OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15609-01-6
              

A. 10371                            2

  2.  FOR  EACH  APPLICATION  SUBMITTED TO THE AGENCY, WHETHER ELECTRON-
ICALLY OR ON PAPER, THE AGENCY SHALL TRANSMIT  TO  THE  STATE  BOARD  OF
ELECTIONS  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED AND MAINTAINED  BY  THE  STATE  BOARD  OF
ELECTIONS  THAT PORTION OF THE APPLICATION THAT INCLUDES VOTER REGISTRA-
TION INFORMATION. THE STATE  BOARD  OF  ELECTIONS  SHALL  ELECTRONICALLY
FORWARD  SUCH  APPLICATION  TO THE APPLICABLE BOARD OF ELECTIONS OF EACH
COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING  AND  VERIFICATION
CONSISTENT WITH THIS CHAPTER.
  3.  AN  INTEGRATED  VOTER  REGISTRATION FORM SUBMITTED TO AN AGENCY IN
PAPER FORMAT SHALL BE  TRANSMITTED  TO  THE  STATE  BOARD  OF  ELECTIONS
THROUGH  AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY CONVERT-
ING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT  FORMAT  FILE
WHICH  SHALL  THEREAFTER BE DEEMED THE ORIGINAL FORM FOR VOTER REGISTRA-
TION AND ENROLLMENT PURPOSES.  THE  AGENCY  SHALL  RETAIN  THE  COMPLETE
ORIGINAL  PAPER  APPLICATION FOR NO LESS THAN TWO YEARS. THE TRANSMITTAL
OF THE CONVERTED PAPER APPLICATION MAY INCLUDE OR BE ACCOMPANIED BY DATA
ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED BY THE RULES AND  REGU-
LATIONS OF THE STATE BOARD OF ELECTIONS.
  4. AN INTEGRATED VOTER REGISTRATION APPLICATION SUBMITTED TO AN AGENCY
IN  AN  ELECTRONIC  FORMAT  SHALL  BE  TRANSMITTED TO THE STATE BOARD OF
ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION  TRANSMITTAL  SYSTEM
AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS, INCLUDING
ELECTRONIC  SIGNATURE,  AS  APPLICABLE, AND RECORD OF ATTESTATION OF THE
ACCURACY OF THE VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT
IMAGES.
  5. INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION  AND
THE  AGENCY  APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE UPON AN
APPLICATION.
  6. THE AGENCY SHALL REDACT OR REMOVE  FROM  THE  COMPLETED  INTEGRATED
APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
  7. A VOTER SHALL BE ABLE TO DECLINE TO REGISTER TO VOTE USING AN INTE-
GRATED APPLICATION BY SELECTING A SINGLE CHECK BOX, OR EQUIVALENT, WHICH
SHALL  READ "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION PURPOSES.
DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS".
  8. THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION  APPLICATION
AND  THE  AGENCY  APPLICATION  BY MEANS OF A SINGLE MANUAL OR ELECTRONIC
SIGNATURE UNLESS THE AGENCY REQUIRES MORE THAN ONE SIGNATURE  FOR  OTHER
AGENCY PURPOSES.
  9.  NO  APPLICATION  FOR  VOTER REGISTRATION SHALL BE SUBMITTED IF THE
APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
TION, WHETHER ON PAPER OR ONLINE.
  10. DESIGNATED AGENCIES FOR PURPOSES OF THIS SECTION SHALL INCLUDE ALL
AGENCIES DESIGNATED AS VOTER REGISTRATION AGENCIES IN SECTIONS 5-211 AND
5-212 OF THIS ARTICLE, AS WELL AS ANY OTHER  AGENCY  DESIGNATED  BY  THE
STATE  BOARD  OF  ELECTIONS.  ANY  SUCH DESIGNATED AGENCY SHALL TAKE ALL
ACTIONS THAT ARE NECESSARY AND PROPER FOR  THE  IMPLEMENTATION  OF  THIS
SECTION,  INCLUDING  FACILITATING  TECHNOLOGICAL  CAPABILITIES  TO ALLOW
TRANSMISSION OF DATA THROUGH AN  INTERFACE  WITH  THE  ELECTRONIC  VOTER
REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.
  11.  UPON  THE  DISCHARGE  FROM  A  STATE CORRECTIONAL FACILITY OF ANY
PERSON WHOSE MAXIMUM SENTENCE OF IMPRISONMENT  HAS  EXPIRED  OR  UPON  A
PERSON'S  DISCHARGE FROM COMMUNITY SUPERVISION AS DEFINED IN SUBDIVISION
THREE OF SECTION TWO  HUNDRED  FIFTY-NINE  OF  THE  EXECUTIVE  LAW,  THE
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION SHALL PROVIDE SUCH

A. 10371                            3

PERSON A VOTER REGISTRATION FORM, PURSUANT TO  SECTION  SEVENTY-FIVE  OF
THE  CORRECTION LAW AND SUCH FORM, IF POSSIBLE, SHALL BE INTEGRATED WITH
THE RELEASE DOCUMENTS NORMALLY PRESENTED AND SIGNED  UPON  RELEASE.  THE
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION SHALL SUBMIT RELE-
VANT INFORMATION FOR SUCH PERSON THROUGH THE VOTER  REGISTRATION  TRANS-
MITTAL  SYSTEM  AND  NOTIFY  THE  BOARD  OF  ELECTIONS  OF  THE PERSON'S
DISCHARGE.
  12. THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES  AND  REGU-
LATIONS  FOR THE CREATION AND ADMINISTRATION OF AN INTEGRATED ELECTRONIC
VOTER REGISTRATION PROCESS AS PROVIDED FOR BY THIS SECTION.
  S 5-902. AUTOMATIC REINSTATEMENT AFTER FORFEITURE.  ANY  PERSON  WHOSE
VOTER REGISTRATION IS CANCELED PURSUANT TO SECTION 5-106 OF THIS ARTICLE
SHALL  BE  AUTOMATICALLY  REINSTATED  AS A VOTER UPON BECOMING ELIGIBLE,
UNLESS SUCH VOTER SHALL AFFIRMATIVELY DECLINE  SUCH  REINSTATEMENT.  THE
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION SHALL NOTIFY THE
BOARD OF ELECTIONS THROUGH THE VOTER REGISTRATION TRANSMITTAL SYSTEM  OF
THE  DATE  WHEN THE FORFEITURE OF VOTING RIGHTS SHALL END AND PROVIDE AN
UPDATED ADDRESS FOR SUCH PERSON, IF KNOWN. IF NO NEW  ADDRESS  FOR  SUCH
VOTER  IS  AVAILABLE AT THAT TIME, SUCH VOTER SHALL BE REINSTATED AT THE
ADDRESS OF THE PREVIOUSLY CANCELED REGISTRATION; PROVIDED,  HOWEVER,  IF
THE  MAILED NOTIFICATION OF SUCH REGISTRATION SHALL BE RETURNED UNDELIV-
ERABLE TO THE BOARD OF ELECTIONS, SUCH RETURNED MAIL SHALL BE  PROCESSED
IN ACCORDANCE WITH THIS ARTICLE.
  S  5-904.  FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT  PROVIDED  BY
AN  APPLICANT  WHO  SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE AND SUCH SIGNATURE EXEMPLAR IS NOT OTHERWISE  AVAILABLE  FROM
THE  STATEWIDE  VOTER  REGISTRATION DATABASE OR A STATE OR LOCAL AGENCY,
THE LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT  THE
APPLICATION,  PROCEED  TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL  SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A  SIGNATURE  FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON,  BY  MAIL  WITH  RETURN  POSTAGE  PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD  TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES  NOT  PROVIDE  THE  REQUIRED
EXEMPLAR  SIGNATURE,  WHEN  THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION  INDICAT-
ING  THE  VOTER'S  IDENTITY  HAS  NOT  YET  BEEN  VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
  S 5-906. PRESUMPTION OF INNOCENT AUTHORIZED ERROR. 1. IF A PERSON  WHO
IS  INELIGIBLE  TO  VOTE  BECOMES REGISTERED TO VOTE PURSUANT TO SECTION
5-902 OF THIS TITLE, THAT PERSON'S REGISTRATION  SHALL  BE  PRESUMED  TO
HAVE BEEN EFFECTED WITH OFFICIAL AUTHORIZATION AND NOT THE FAULT OF THAT
PERSON.  SUCH  PRESUMPTION  MAY BE REBUTTED WITH EVIDENCE OF KNOWING AND
WILLFUL INTENT TO FALSELY REGISTER TO VOTE.
  2. IF A PERSON WHO IS INELIGIBLE BECOMES REGISTERED TO  VOTE  PURSUANT
TO  SECTION  5-902  OF THIS TITLE EITHER VOTES OR ATTEMPTS TO VOTE IN AN
ELECTION HELD AFTER THE EFFECTIVE DATE  OF  THE  PERSON'S  REGISTRATION,
THAT  PERSON SHALL BE PRESUMED TO HAVE ACTED WITH OFFICIAL AUTHORIZATION
AND SHALL NOT BE GUILTY OF ILLEGAL VOTING  OR  ILLEGALLY  ATTEMPTING  TO
VOTE.  SUCH  PRESUMPTION  MAY  BE  REBUTTED WITH EVIDENCE OF KNOWING AND

A. 10371                            4

WILLFUL INTENT TO VOTE OR ATTEMPT  TO  VOTE  WITH  KNOWLEDGE  THAT  SUCH
PERSON IS NOT QUALIFIED OR ENTITLED TO VOTE.
  S  5-908.  FORMS.  THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES
AND REGULATIONS TO IMPLEMENT THIS TITLE. ALL AGENCY  FORMS  AND  NOTICES
REQUIRED  BY  THIS  TITLE  SHALL  BE  APPROVED  BY  THE  STATE  BOARD OF
ELECTIONS. ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF  ELECTIONS
PURSUANT  TO  THIS  TITLE  SHALL  BE  PROMULGATED  BY THE STATE BOARD OF
ELECTIONS, AND NO ADDITION OR ALTERNATION TO SUCH FORMS BY  A  BOARD  OF
ELECTIONS  SHALL  BE  MADE  WITHOUT  APPROVAL  OF  THE  STATE  BOARD  OF
ELECTIONS.
  S 2. This act shall take effect on the earlier occurrence of:  (i) two
years after it shall have become a law;  provided,  however,  the  state
board  of elections shall be authorized to implement necessary rules and
regulations and to take steps required to implement this act  immediate-
ly; or (ii) five days after the date of certification by the state board
of  elections that the information technology infrastructure to substan-
tially implement this act is functional.   Provided,  further  that  the
state  board  of  elections  shall  notify the legislative bill drafting
commission upon the occurrence  of  the  enactment  of  the  legislation
provided  for  in  this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating  the  provisions
of  section  44  of  the  legislative law and section 70-b of the public
officers law.