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

                                  6544

                            I N  S E N A T E

                            January 25, 2016
                               ___________

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

AN ACT to amend the election  law,  in  relation  to  modernizing  voter
  registration, promoting access to voting for individuals with disabil-
  ities,  protecting the ability of individuals to exercise the right to
  vote in elections for local and state office; and making an  appropri-
  ation therefor

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

  Section 1. This act shall be known and may be cited as the "modernized
voter registration act of New York".
  S 2. The election law is amended by adding  ten  new  sections  5-200,
5-232, 5-234, 5-236, 5-238, 5-240, 5-242, 5-244, 5-246 and 5-248 to read
as follows:
  S  5-200.  AUTOMATED  VOTER REGISTRATION. 1. NOTWITHSTANDING ANY OTHER
MANNER OF REGISTRATION REQUIRED BY THIS  ARTICLE,  EACH  PERSON  IN  THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
  2. THE STATE BOARD OF ELECTIONS OR COUNTY  BOARD  OF  ELECTIONS  SHALL
REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF  THIS  ARTICLE  WHO
CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
  (A)  COMPLETES  AN  APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE,
NON-DRIVER  IDENTIFICATION  CARD,  PRE-LICENSING   COURSE   CERTIFICATE,
LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
MENT  OF  MOTOR  VEHICLES,  OR  NOTIFIES SUCH DEPARTMENT IN WRITING OF A
CHANGE OF HIS OR HER NAME OR ADDRESS;
  (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
  (C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES,  OR  CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13168-02-5
              

S. 6544                             2

MUNICIPAL HOUSING AUTHORITY AS SET FORTH  IN  ARTICLE  THIRTEEN  OF  THE
PUBLIC HOUSING LAW;
  (D)  REGISTERS  FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
NEW YORK OR THE CITY UNIVERSITY OF NEW YORK;
  (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
PAROLE;
  (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
  (G) BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF  MILITARY
AND NAVAL AFFAIRS; OR
  (H)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
THREE OF THIS SECTION.
  3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF  MILITARY  AND
NAVAL  AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B) THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE  AGEN-
CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
  (I)  THE  LIKELIHOOD  THAT  SOURCE  RECORDS  REFLECT A LARGE NUMBER OF
ELIGIBLE CITIZENS;
  (II) THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS  WHO
WOULD  NOT  OTHERWISE  BE  REGISTERED  UNDER  THE ACT TO MODERNIZE VOTER
REGISTRATION;
  (III) THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE  RECORDS;
AND
  (IV)  ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION OFFICIAL
AS REASONABLY RELATED TO  ACCOMPLISHING  THE  PURPOSES  OF  THE  ACT  TO
MODERNIZE VOTER REGISTRATION.
  4.  THE  STATE  BOARD OF ELECTIONS AND THE SOURCE AGENCIES SHALL ENTER
INTO AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN  SUBDIVISION
TWO  OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO THE
STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
  (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
  (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
  (C) DATE OF BIRTH;
  (D) CITIZENSHIP;
  (E) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION  CARD  NUMBER,  LAST
FOUR  DIGITS  OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE FOR THE
PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
  (F) POLITICAL PARTY ENROLLMENT, IF ANY;
  (G) AN INDICATION THAT THE PERSON INTENDS TO  APPLY  FOR  AN  ABSENTEE
BALLOT, IF ANY; AND
  (H) AN IMAGE OF THE PERSON'S SIGNATURE.
  IN  THE  EVENT  THAT ANY TRANSMISSION OF DATA PURSUANT TO THIS SECTION
FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
SIGNATURE SHALL NOT PRECLUDE THE REGISTRATION OF  AN  ELIGIBLE  CITIZEN.
THE  BOARD  OF  ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
CITIZEN, WHOSE INFORMATION IS TRANSMITTED PURSUANT TO THIS  SECTION  AND
WHOSE  INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A SIGNATURE
AT THE POLLING PLACE OR WITH  AN  APPLICATION  FOR  AN  ABSENTEE  BALLOT

S. 6544                             3

BEFORE  VOTING.  THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT PROVIDED A
SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
BALLOT TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR 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.
  5. IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING  THE
CITIZENSHIP  STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS SUFFICIENT
TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
ZENSHIP FOR EACH PERSON DESCRIBED IN SUBDIVISION TWO  OF  THIS  SECTION,
BUT  SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO AN
INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
  6. THE STATE BOARD  OF  ELECTIONS  SHALL  PREPARE  AND  DISTRIBUTE  TO
PARTICIPATING  AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION OF
THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING  PROGRAMS
FOR  EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING SHALL
INCLUDE REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE  TO
EACH  INDIVIDUAL  IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION THAT THE
SOURCE AGENCY MAINTAINS STRICT NEUTRALITY WITH  RESPECT  TO  A  PERSON'S
PARTY  ENROLLMENT  AND  ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
INFORMATION SHALL BE ADVISED THAT GOVERNMENT  SERVICES  ARE  NOT  CONDI-
TIONED  ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO VOTE.
NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
CANT FROM REGISTERING TO VOTE.
  7. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE  SOURCE
AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
TORY  INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION, ADDITIONAL
INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
TATING VOTER REGISTRATION, THE  FREQUENCY  OF  DATA  TRANSMISSIONS,  THE
PROCEDURES  AND  OTHER MEASURES THAT WILL BE USED TO ENSURE THE SECURITY
AND PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER  NECES-
SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
  8.  EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD OF
ELECTIONS AND COUNTY BOARD OF ELECTIONS TO FACILITATE THE  VOTER  REGIS-
TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
TO  ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH SUCH
PERSON TO VOTE OR  TO  UPDATE  EACH  SUCH  PERSON'S  VOTER  REGISTRATION
RECORD.
  9.  EACH  SOURCE  AGENCY  SHALL ENTER INTO AN AGREEMENT WITH THE STATE
BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
SMISSIONS REQUIRED BY THIS SECTION NO LATER THAN  SEPTEMBER  FIRST,  TWO
THOUSAND  SEVENTEEN;  PROVIDED, THAT EACH SOURCE AGENCY SHALL BE ABLE TO
COMPLY FULLY WITH  ALL  REQUIREMENTS  OF  THIS  SECTION,  INCLUDING  THE
COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
TO VOTE, BY JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  10. UPON RECEIVING INFORMATION FROM A SOURCE AGENCY WITH RESPECT TO AN
INDIVIDUAL,  THE  STATE  BOARD  OF ELECTIONS SHALL DETERMINE WHETHER THE
INDIVIDUAL IS INCLUDED IN THE COMPUTERIZED STATEWIDE VOTER  REGISTRATION
LIST.
  (A)  IF  AN  INDIVIDUAL FOR WHOM INFORMATION IS RECEIVED FROM A SOURCE
AGENCY IS ELIGIBLE TO VOTE IN ELECTIONS FOR FEDERAL OFFICE IN THE  STATE
AND  IS  NOT  ON THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST, THE
STATE BOARD OF ELECTIONS SHALL: (I) ENSURE THAT THE INDIVIDUAL IS REGIS-
TERED TO VOTE IN SUCH ELECTIONS NOT LATER THAN FIVE DAYS AFTER RECEIVING
THE INFORMATION, WITHOUT  REGARD  TO  WHETHER  OR  NOT  THE  INFORMATION
PROVIDED  BY THE SOURCE AGENCY INCLUDES THE INDIVIDUAL'S SIGNATURE; (II)

S. 6544                             4

UPDATE THE STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST TO INCLUDE THE
INDIVIDUAL; AND (III) NOTIFY  THE  INDIVIDUAL  THAT  THE  INDIVIDUAL  IS
REGISTERED TO VOTE IN ELECTIONS FOR FEDERAL OFFICE IN THE STATE.
  (B)  IF  A  SOURCE  AGENCY  PROVIDES THE STATE BOARD OF ELECTIONS WITH
INFORMATION WITH RESPECT TO AN INDIVIDUAL WHO  DID  NOT  CONSENT  TO  BE
REGISTERED  TO  VOTE,  THE  STATE  BOARD OF ELECTIONS SHALL NOT TAKE ANY
ACTION TO REGISTER THE INDIVIDUAL TO VOTE, EXCEPT THAT NO SUCH  INDIVID-
UAL  WHO  IS ALREADY INCLUDED ON THE COMPUTERIZED STATEWIDE VOTER REGIS-
TRATION LIST SHALL BE REMOVED FROM THE LIST SOLELY BECAUSE THE  INFORMA-
TION WAS INCORRECTLY PROVIDED.
  11.  IF  AN  INDIVIDUAL  WHO  IS  NOT  ELIGIBLE TO REGISTER TO VOTE IN
ELECTIONS FOR FEDERAL OFFICE IS REGISTERED TO VOTE IN SUCH ELECTIONS  BY
THE STATE BOARD OF ELECTIONS, THE INDIVIDUAL SHALL NOT BE SUBJECT TO ANY
PENALTY,  INCLUDING  THE  IMPOSITION  OF A FINE OR TERM OF IMPRISONMENT,
ADVERSE TREATMENT IN ANY IMMIGRATION OR  NATURALIZATION  PROCEEDING,  OR
THE DENIAL OF ANY STATUS UNDER IMMIGRATION LAWS, UNDER ANY LAW PROHIBIT-
ING  AN  INDIVIDUAL WHO IS NOT ELIGIBLE TO REGISTER TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE FROM REGISTERING TO VOTE IN SUCH  ELECTIONS.  NOTHING
IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO WAIVE THE LIABILITY OF ANY
INDIVIDUAL WHO  KNOWINGLY  PROVIDES  FALSE  INFORMATION  TO  ANY  PERSON
REGARDING  THE INDIVIDUAL'S ELIGIBILITY TO REGISTER TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE.
  12. NO PERSON MAY USE THE INFORMATION RECEIVED BY THE STATE  BOARD  OF
ELECTIONS  TO  DETERMINE  THE  CITIZENSHIP  STATUS OF ANY INDIVIDUAL FOR
IMMIGRATION ENFORCEMENT, CRIMINAL LAW ENFORCEMENT (OTHER  THAN  ENFORCE-
MENT  OF  THIS CHAPTER), OR ANY OTHER PURPOSE OTHER THAN VOTER REGISTRA-
TION OR ELECTION ADMINISTRATION. NO INFORMATION RELATING TO AN  INDIVID-
UAL'S   ABSENCE  FROM  THE  STATEWIDE  VOTER  REGISTRATION  LIST  OR  AN
INDIVIDUAL'S DECLINATION TO SUPPLY INFORMATION  FOR  VOTER  REGISTRATION
PURPOSES  TO  A  SOURCE  AGENCY MAY BE DISCLOSED TO THE PUBLIC FOR IMMI-
GRATION ENFORCEMENT, CRIMINAL LAW ENFORCEMENT OTHER THAN ENFORCEMENT  OF
LAWS  AGAINST  ELECTION CRIMES, OR USED FOR ANY PURPOSE OTHER THAN VOTER
REGISTRATION, ELECTION ADMINISTRATION, OR THE  ENFORCEMENT  OF  ELECTION
LAWS.
  13.  VOTER REGISTRATION INFORMATION COLLECTED UNDER THIS SECTION SHALL
NOT BE USED FOR COMMERCIAL PURPOSES INCLUDING FOR  COMPARISON  WITH  ANY
EXISTING COMMERCIAL LIST OR DATABASE.
  S  5-232.  AVAILABILITY  OF  ONLINE  REGISTRATION.  1.  EVERY ELECTION
DISTRICT SHALL ENSURE THAT THE FOLLOWING SERVICES ARE AVAILABLE  TO  THE
PUBLIC  AT  ANY  TIME ON THE OFFICIAL PUBLIC WEBSITES OF THE APPROPRIATE
LOCAL ELECTION OFFICIALS IN THE  STATE:  ONLINE  APPLICATION  FOR  VOTER
REGISTRATION,  ONLINE ASSISTANCE TO APPLICATIONS IN APPLYING TO REGISTER
TO VOTE, ONLINE COMPLETION AND SUBMISSION BY APPLICATIONS  OF  THE  MAIL
VOTER REGISTRATION APPLICATION FORM PURSUANT TO SECTION 5-210, INCLUDING
ASSISTANCE  WITH  PROVIDING  A  SIGNATURE IN ELECTRONIC FORM AS REQUIRED
UNDER SECTION 5-234 OF THIS TITLE, AND ONLINE RECEIPT OF COMPLETED VOTER
REGISTRATION APPLICATIONS.
  2. ANY COUNTY OR MUNICIPALITY SHALL ACCEPT AN ONLINE  VOTER  REGISTRA-
TION  APPLICATION  PROVIDED  BY  AN  INDIVIDUAL  UNDER THIS SECTION, AND
ENSURE THAT THE INDIVIDUAL IS REGISTERED TO VOTE IN THE  STATE,  IF  (A)
THE INDIVIDUAL MEETS THE SAME VOTER REGISTRATION REQUIREMENTS APPLICABLE
TO INDIVIDUALS WHO REGISTER TO VOTE BY MAIL IN ACCORDANCE WITH LAW USING
THE  MAIL  VOTER  REGISTRATION  APPLICATION FORM, AND (B) THE INDIVIDUAL
PROVIDES A SIGNATURE IN ELECTRONIC FORM PURSUANT  TO  SECTION  5-234  OF
THIS TITLE.

S. 6544                             5

  3.  (A)  UPON  THE ONLINE SUBMISSION OF A COMPLETED VOTER REGISTRATION
APPLICATION BY AN INDIVIDUAL UNDER THIS SECTION, THE  APPROPRIATE  STATE
OR LOCAL ELECTION OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE CONFIRMING
THE STATE'S RECEIPT OF THE APPLICATION AND PROVIDING INSTRUCTIONS ON HOW
THE INDIVIDUAL MAY CHECK THE STATUS OF THE APPLICATION, AND
  (B)  AS  SOON  AS  THE  APPROPRIATE  ELECTION OFFICIAL HAS APPROVED OR
REJECTED AN APPLICATION SUBMITTED BY AN INDIVIDUAL UNDER  THIS  SECTION,
THE  OFFICIAL  SHALL  SEND THE INDIVIDUAL A NOTICE OF THE DISPOSITION OF
THE APPLICATION.
  S 5-234. SIGNATURES IN  ELECTRONIC  FORM.  AN  INDIVIDUAL  PROVIDES  A
SIGNATURE  IN  ELECTRONIC  FORM  BY EXECUTING A COMPUTERIZED MARK IN THE
SIGNATURE FIELD ON AN ONLINE VOTER REGISTRATION APPLICATION; OR  SUBMIT-
TING  WITH  THE APPLICATION AN ELECTRONIC COPY OF THE INDIVIDUAL'S HAND-
WRITTEN SIGNATURE THROUGH ELECTRONIC MEANS.
  S 5-236. NONPARTISAN MANNER. THE SERVICES MADE  AVAILABLE  UNDER  THIS
TITLE  SHALL BE PROVIDED IN A MANNER THAT ENSURES THAT THE ONLINE APPLI-
CATION DOES NOT SEEK TO INFLUENCE AN APPLICANT'S POLITICAL PREFERENCE OR
PARTY REGISTRATION AND THERE IS NO DISPLAY ON THE WEBSITE PROMOTING  ANY
POLITICAL  PREFERENCE  OR  PARTY ALLEGIANCE, EXCEPT THAT NOTHING IN THIS
SECTION MAY BE CONSTRUED TO PROHIBIT AN APPLICANT  FROM  REGISTERING  TO
VOTE AS A MEMBER OF A POLITICAL PARTY.
  S  5-238.  PROTECTION  OF  SECURITY  INFORMATION.  THE  STATE BOARD OF
ELECTIONS SHALL ESTABLISH APPROPRIATE TECHNOLOGICAL SECURITY MEASURES TO
PREVENT TO THE GREATEST EXTENT PRACTICABLE ANY  UNAUTHORIZED  ACCESS  TO
INFORMATION  PROVIDED  BY  INDIVIDUALS USING THE SERVICES MADE AVAILABLE
UNDER SECTION 5-232 OF THIS TITLE.
  S 5-240. USE  OF  ADDITIONAL  TELEPHONE-BASED  SYSTEM.  THE  BOARD  OF
ELECTIONS  SHALL  MAKE  THE SERVICES MADE AVAILABLE ONLINE UNDER SECTION
5-232 OF THIS TITLE AVAILABLE THROUGH THE  USE  OF  AN  AUTOMATED  TELE-
PHONE-BASED  SYSTEM, SUBJECT TO THE SAME TERMS AND CONDITIONS APPLICABLE
UNDER THIS SECTION TO THE SERVICES MADE AVAILABLE ONLINE, IN ADDITION TO
MAKING THE SERVICES AVAILABLE ONLINE IN ACCORDANCE WITH THE REQUIREMENTS
OF THIS SECTION.
  S 5-242. USE OF INTERNET TO UPDATE REGISTRATION  INFORMATION.  1.  THE
APPROPRIATE  STATE  OR  LOCAL  ELECTION  OFFICIAL  SHALL ENSURE THAT ANY
REGISTERED VOTER ON THE COMPUTERIZED LIST MAY AT  ANY  TIME  UPDATE  THE
VOTER'S  REGISTRATION  INFORMATION,  INCLUDING  THE  VOTER'S ADDRESS AND
ELECTRONIC MAIL ADDRESS, ONLINE THROUGH THE OFFICIAL PUBLIC  WEBSITE  OF
THE  ELECTION  OFFICIAL  RESPONSIBLE FOR THE MAINTENANCE OF THE LIST, SO
LONG AS THE VOTER ATTESTS TO THE CONTENTS OF THE UPDATE BY  PROVIDING  A
SIGNATURE IN ELECTRONIC FORM.
  2.  IF A REGISTERED VOTER UPDATES REGISTRATION INFORMATION, THE APPRO-
PRIATE STATE OR LOCAL ELECTION OFFICIAL SHALL REVISE ANY INFORMATION  ON
THE  COMPUTERIZED  LIST  TO REFLECT THE UPDATE MADE BY THE VOTER; AND IF
THE UPDATED REGISTRATION INFORMATION AFFECTS THE VOTER'S ELIGIBILITY  TO
VOTE  IN  AN  ELECTION,  ENSURE  THAT  THE INFORMATION IS PROCESSED WITH
RESPECT TO THE ELECTION IF THE VOTER UPDATES THE INFORMATION  NOT  LATER
THAN SEVEN DAYS BEFORE THE ELECTION.
  3.  UPON  THE ONLINE SUBMISSION OF UPDATED REGISTRATION INFORMATION BY
AN INDIVIDUAL  UNDER  THIS  SECTION,  THE  APPROPRIATE  STATE  OR  LOCAL
ELECTION  OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE CONFIRMING RECEIPT
OF THE UPDATED INFORMATION AND PROVIDING INSTRUCTIONS ON HOW  THE  INDI-
VIDUAL MAY CHECK THE STATUS OF THE UPDATE.
  4.  AS  SOON  AS  THE APPROPRIATE STATE OR LOCAL ELECTION OFFICIAL HAS
ACCEPTED OR REJECTED UPDATED  INFORMATION  SUBMITTED  BY  AN  INDIVIDUAL

S. 6544                             6

UNDER  THIS  SECTION, THE OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE OF
THE DISPOSITION OF THE UPDATE.
  5.  THE  APPROPRIATE  STATE  OR LOCAL ELECTION OFFICIAL SHALL SEND THE
NOTICES REQUIRED UNDER THIS SECTION BY REGULAR MAIL, AND, IN THE CASE OF
AN INDIVIDUAL WHO HAS REQUESTED THAT THE STATE PROVIDE  VOTER  REGISTRA-
TION  AND VOTING INFORMATION THROUGH ELECTRONIC MAIL, BY BOTH ELECTRONIC
MAIL AND REGULAR MAIL.
  S 5-244. LIST MAINTENANCE, PRIVACY AND SECURITY. 1. THE STATE BOARD OF
ELECTIONS SHALL PUBLISH ON THEIR WEBSITE ALL STANDARDS ESTABLISHED UNDER
THIS SECTION. THE STATE BOARD OF  ELECTIONS  SHALL  ESTABLISH  STANDARDS
GOVERNING  THE  COMPARISON  OF  DATA ON THE STATEWIDE COMPUTERIZED VOTER
REGISTRATION LIST, THE DATA PROVIDED BY VARIOUS  SOURCE  AGENCIES  UNDER
SECTION  5-200  OF  THIS TITLE, INCLUDING THE SPECIFIC DATA ELEMENTS AND
DATA MATCHING RULES TO BE USED FOR PURPOSES OF DETERMINING: (A)  WHETHER
A DATA RECORD FROM ANY SOURCE AGENCY REPRESENTS THE SAME INDIVIDUAL AS A
RECORD  IN ANOTHER SOURCE AGENCY OR ON THE STATEWIDE LIST; (B) WHETHER A
DATA RECORD FROM ANY SOURCE  AGENCY  REPRESENTS  AN  INDIVIDUAL  ALREADY
REGISTERED  TO  VOTE  IN  THE STATE; (C) WHETHER TWO DATA RECORDS IN THE
STATEWIDE  COMPUTERIZED  VOTER  REGISTRATION  LIST  REPRESENT  DUPLICATE
RECORDS  FOR  THE SAME INDIVIDUAL; (D) WHETHER A DATA RECORD SUPPLIED BY
ANY LIST MAINTENANCE SOURCE REPRESENTS AN INDIVIDUAL ALREADY  REGISTERED
TO  VOTE IN THE STATE; AND (E) WHICH INFORMATION WILL BE TREATED AS MORE
CURRENT AND RELIABLE WHEN DATA RECORDS  FROM  MULTIPLE  SOURCES  PRESENT
INFORMATION FOR THE SAME INDIVIDUAL.
  2.  THE  STATE BOARD OF ELECTIONS SHALL ESTABLISH UNIFORM AND NON-DIS-
CRIMINATORY STANDARDS DESCRIBING THE SPECIFIC CONDITIONS UNDER WHICH  AN
INDIVIDUAL WILL BE DETERMINED FOR LIST MAINTENANCE PURPOSES TO BE INELI-
GIBLE TO VOTE IN AN ELECTION.
  3.  THE  STATE  BOARD OF ELECTIONS SHALL PUBLISH AND ENFORCE A PRIVACY
AND SECURITY POLICY SPECIFYING  EACH  CLASS  OF  USERS  WHO  SHALL  HAVE
AUTHORIZED ACCESS TO THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST,
SPECIFYING FOR EACH SUCH CLASS THE PERMISSION AND LEVELS OF ACCESS TO BE
GRANTED,  AND  SETTING FORTH OTHER SAFEGUARDS TO PROTECT THE PRIVACY AND
SECURITY OF THE INFORMATION ON THE LIST. SUCH POLICY SHALL INCLUDE SECU-
RITY SAFEGUARDS TO PROTECT PERSONAL INFORMATION  IN  THE  DATA  TRANSFER
PROCESS, THE ONLINE OR TELEPHONE INTERFACE, THE MAINTENANCE OF THE VOTER
REGISTRATION  DATABASE,  AND AUDIT PROCEDURES TO TRACK INDIVIDUAL ACCESS
TO THE SYSTEM.
  4. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH POLICIES AND  ENFORCE-
MENT  PROCEDURES TO PREVENT UNAUTHORIZED ACCESS TO OR USE OF THE COMPUT-
ERIZED STATEWIDE VOTER REGISTRATION LIST, ANY LIST OR OTHER  INFORMATION
PROVIDED  BY  A  SOURCE  AGENCY, OR ANY MAINTENANCE SOURCE FOR THE LIST.
NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  PROHIBIT  ACCESS  TO
INFORMATION  REQUIRED FOR OFFICIAL PURPOSES FOR PURPOSES OF VOTER REGIS-
TRATION, ELECTION ADMINISTRATION, AND THE ENFORCEMENT OF ELECTION LAWS.
  5. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH POLICIES AND  ENFORCE-
MENT  PROCEDURES  TO  MAINTAIN SECURITY DURING INTER-AGENCY TRANSFERS OF
INFORMATION REQUIRED OR PERMITTED UNDER THIS CHAPTER. EACH STATE  AGENCY
AND THIRD PARTY PARTICIPATING IN SUCH INTER-AGENCY TRANSFERS OF INFORMA-
TION  SHALL  FACILITATE  AND  COMPLY WITH SUCH POLICIES. NOTHING IN THIS
SUBDIVISION SHALL PREVENT A SOURCE AGENCY FROM ESTABLISHING AND  ENFORC-
ING  ADDITIONAL  SECURITY  MEASURES  TO  PROTECT THE CONFIDENTIALITY AND
INTEGRITY OF INTER-AGENCY DATA TRANSFERS. NO  STATE  OR  LOCAL  ELECTION
OFFICIAL  SHALL  TRANSFER OR FACILITATE THE TRANSFER OF INFORMATION FROM
THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST TO ANY SOURCE AGENCY.

S. 6544                             7

  6. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  PREVENT  A  SOURCE
AGENCY FROM CONTRACTING WITH A THIRD PARTY TO ASSIST IN THE TRANSMISSION
OF  DATA  TO  THE  STATE  BOARD OF ELECTIONS, SO LONG AS THE DATA TRANS-
MISSION COMPLIES WITH THE APPLICABLE REQUIREMENTS OF THIS CHAPTER.
  7.  THE  STATE BOARD OF ELECTIONS SHALL ESTABLISH STANDARDS AND PROCE-
DURES TO MAINTAIN ALL ELECTION RECORDS REQUIRED  FOR  PURPOSES  OF  THIS
SECTION. RECORDS FOR INDIVIDUALS WHO HAVE BEEN RETAINED ON THE COMPUTER-
IZED STATEWIDE REGISTRATION LIST BUT IDENTIFIED AS INELIGIBLE TO VOTE IN
AN  ELECTION  OR  REMOVED  FROM  THE LIST DUE TO INELIGIBILITY, SHALL BE
MAINTAINED AND KEPT AVAILABLE UNTIL AT LEAST  THE  DATE  OF  THE  SECOND
GENERAL  ELECTION FOR FEDERAL OFFICE THAT OCCURS AFTER THE DATE THAT THE
INDIVIDUAL WAS IDENTIFIED AS INELIGIBLE.
  8. THE IDENTITY OF THE SPECIFIC SOURCE AGENCY THROUGH WHICH  AN  INDI-
VIDUAL  CONSENTED  TO  REGISTER  TO  VOTE  SHALL NOT BE DISCLOSED TO THE
PUBLIC AND SHALL NOT BE RETAINED AFTER THE INDIVIDUAL IS  ADDED  TO  THE
COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST.
  9.  THE STATE BOARD OF ELECTIONS SHALL ESTABLISH POLICIES AND ENFORCE-
MENT PROCEDURES TO ENSURE THAT PERSONAL INFORMATION PROVIDED  BY  SOURCE
AGENCIES  OR  OTHERWISE TRANSMITTED UNDER THIS SECTION IS KEPT CONFIDEN-
TIAL AND IS AVAILABLE ONLY TO AUTHORIZED USERS. FOR  PURPOSES  OF  THESE
POLICIES  AND  PROCEDURES,  THE TERM "PERSONAL INFORMATION" MEANS ANY OF
THE FOLLOWING:
  (A) ANY PORTION OF AN INDIVIDUAL'S SOCIAL SECURITY NUMBER;
  (B) ANY PORTION OF AN  INDIVIDUAL'S  MOTOR  VEHICLE  DRIVER'S  LICENSE
NUMBER OR STATE IDENTIFICATION CARD NUMBER;
  (C) AN INDIVIDUAL'S SIGNATURE;
  (D) AN INDIVIDUAL'S PERSONAL RESIDENCE AND CONTACT INFORMATION;
  (E) SENSITIVE INFORMATION RELATING TO PERSONS IN CATEGORIES DESIGNATED
CONFIDENTIAL  BY  FEDERAL  OR  STATE  LAW, INCLUDING VICTIMS OF DOMESTIC
VIOLENCE OR STALKING, PROSECUTORS AND  LAW  ENFORCEMENT  PERSONNEL,  AND
PARTICIPANTS IN A WITNESS PROTECTION PROGRAM;
  (F) AN INDIVIDUAL'S PHONE NUMBER;
  (G) AN INDIVIDUAL'S EMAIL ADDRESS;
  (H)  ANY INDICATION OF AN INDIVIDUAL'S STATUS AS A CITIZEN OR NONCITI-
ZEN OF THE UNITED STATES; AND
  (I) SUCH OTHER INFORMATION AS THE STATE BOARD  OF  THE  ELECTIONS  MAY
DESIGNATE  AS CONFIDENTIAL TO THE EXTENT REASONABLY NECESSARY TO PREVENT
IDENTITY THEFT OR IMPERSONATION, EXCEPT THAT SUCH BOARD MAY  NOT  DESIG-
NATE  AS  CONFIDENTIAL UNDER THIS SUBDIVISION THE NAME, ADDRESS, OR DATE
OF REGISTRATION OF AN INDIVIDUAL, OR WHERE APPLICABLE, THE  SELF-IDENTI-
FIED RACIAL OR ETHNIC CATEGORY OF THE INDIVIDUAL.
  10.  THE  STATE  BOARD OF ELECTIONS SHALL ENSURE THAT, WITH RESPECT TO
ANY INDIVIDUAL WHO DECLINES THE OPPORTUNITY TO  REGISTER  TO  VOTE,  THE
INDIVIDUAL'S  INFORMATION  IS NOT INCLUDED ON THE COMPUTERIZED STATEWIDE
VOTER REGISTRATION LIST AND IS NOT PROVIDED TO A THIRD PARTY (EXCEPT  TO
THE  EXTENT REQUIRED UNDER OTHER LAW). NOTHING IN THIS SUBDIVISION SHALL
BE CONSTRUED TO PRECLUDE AN INDIVIDUAL WHO HAS PREVIOUSLY  DECLINED  THE
OPPORTUNITY TO REGISTER TO VOTE FROM SUBSEQUENTLY REGISTERING TO VOTE.
  S  5-246. ACCURACY OF STATEWIDE VOTER REGISTRATION LISTS. 1. NOT LATER
THAN TWENTY-FOUR HOURS AFTER RECEIVING A CHANGE OF ADDRESS FORM  OR  ANY
OTHER  INFORMATION  INDICATING THAT IDENTIFYING INFORMATION WITH RESPECT
TO AN INDIVIDUAL WHICH IS INCLUDED IN THE RECORDS OF THE  DEPARTMENT  OF
MOTOR  VEHICLES  HAS  BEEN  CHANGED, SUCH DEPARTMENT SHALL TRANSMIT SUCH
FORM OR OTHER INFORMATION TO THE STATE BOARD OF ELECTIONS, UNLESS:
  (A) THE RECORDS OF THE DEPARTMENT INCLUDE INFORMATION INDICATING  THAT
THE INDIVIDUAL IS NOT ELIGIBLE TO REGISTER TO VOTE IN THE STATE; OR

S. 6544                             8

  (B)  THE INDIVIDUAL STATES ON THE FORM OR OTHERWISE INDICATES THAT THE
CHANGE OF ADDRESS OR OTHER INFORMATION IS  NOT  FOR  VOTER  REGISTRATION
PURPOSES.
  2. NOT LATER THAN TWENTY-FOUR AFTER RECEIVING A CHANGE OF ADDRESS FORM
OR  ANY  OTHER  INFORMATION INDICATING THAT IDENTIFYING INFORMATION WITH
RESPECT TO AN INDIVIDUAL WHICH IS INCLUDED IN THE  RECORDS  OF  A  VOTER
REGISTRATION  AGENCY  HAS BEEN CHANGED, THE APPROPRIATE OFFICIAL OF SUCH
AGENCY SHALL TRANSMIT SUCH FORM OR OTHER INFORMATION TO THE STATE  BOARD
OF ELECTIONS, UNLESS:
  (A)  THE RECORDS OF THE DEPARTMENT INCLUDE INFORMATION INDICATING THAT
THE INDIVIDUAL IS NOT ELIGIBLE TO REGISTER TO VOTE IN THE STATE; OR
  (B) THE INDIVIDUAL STATES ON THE FORM OR OTHERWISE INDICATES THAT  THE
CHANGE  OF  ADDRESS  OR  OTHER INFORMATION IS NOT FOR VOTER REGISTRATION
PURPOSES.
  3. NOT LATER THAN  TWENTY-FOUR  HOURS  AFTER  RECEIVING  A  CHANGE  OF
ADDRESS FORM OR ANY OTHER INFORMATION INDICATING THAT IDENTIFYING INFOR-
MATION WITH RESPECT TO AN INDIVIDUAL WHICH IS INCLUDED IN THE RECORDS OF
A SOURCE AGENCY HAS BEEN CHANGED, THE APPROPRIATE OFFICIAL OF SUCH AGEN-
CY  SHALL  TRANSMIT SUCH FORM OR OTHER INFORMATION TO THE STATE BOARD OF
ELECTIONS, UNLESS:
  (A) THE RECORDS OF THE DEPARTMENT INCLUDE INFORMATION INDICATING  THAT
THE INDIVIDUAL IS NOT ELIGIBLE TO REGISTER TO VOTE IN THE STATE; OR
  (B)  THE INDIVIDUAL STATES ON THE FORM OR OTHERWISE INDICATES THAT THE
CHANGE OF ADDRESS OR OTHER INFORMATION IS  NOT  FOR  VOTER  REGISTRATION
PURPOSES.
  4.  IF  THE DEPARTMENT OF MOTOR VEHICLES, A VOTER REGISTRATION AGENCY,
OR A SOURCE AGENCY TRANSMITS TO THE STATE BOARD OF ELECTIONS A CHANGE OF
ADDRESS FORM OR ANY OTHER INFORMATION INDICATING THAT IDENTIFYING INFOR-
MATION WITH RESPECT TO AN INDIVIDUAL HAS BEEN  CHANGED  THE  APPROPRIATE
STATE OR LOCAL ELECTION OFFICIAL SHALL:
  (A) DETERMINE WHETHER THE INDIVIDUAL APPEARS ON THE COMPUTERIZED LIST;
AND
  (B)  IF  THE  INDIVIDUAL  APPEARS  ON THE LIST, REVISE THE INFORMATION
RELATING TO THE INDIVIDUAL ON THE LIST TO REFLECT THE  INDIVIDUAL'S  NEW
ADDRESS OR OTHER CHANGED IDENTIFYING INFORMATION.
  5.  IF AN ELECTION OFFICIAL REVISES ANY VOTER REGISTRATION INFORMATION
ON THE COMPUTERIZED LIST WITH RESPECT TO ANY VOTER  (INCLUDING  REMOVING
THE  VOTER  FROM  THE LIST), IMMEDIATELY AFTER REVISING THE INFORMATION,
THE OFFICIAL SHALL SEND THE INDIVIDUAL A WRITTEN NOTICE OF THE  REVISION
WHICH INCLUDES THE FOLLOWING INFORMATION:
  (A)  THE VOTER'S NAME, DATE OF BIRTH, AND ADDRESS, AS REFLECTED IN THE
REVISED INFORMATION ON THE COMPUTERIZED LIST;
  (B) A STATEMENT THAT THE VOTER'S  REGISTRATION  INFORMATION  HAS  BEEN
UPDATED;
  (C)  INFORMATION  ON  HOW  TO  CORRECT INFORMATION ON THE COMPUTERIZED
LIST;
  (D) A STATEMENT OF THE ELIGIBILITY REQUIREMENTS FOR REGISTERED VOTERS;
  (E) A STATEMENT (IN LARGER FONT SIZE THAN THE OTHER STATEMENTS ON  THE
NOTICE)  THAT  IT  IS  ILLEGAL  FOR  AN INDIVIDUAL WHO DOES NOT MEET THE
ELIGIBILITY REQUIREMENTS FOR REGISTERED VOTERS IN THE STATE TO  VOTE  IN
SUCH STATE; AND
  (F)  A  STATEMENT  THAT  THE VOTER MAY TERMINATE THE VOTER'S STATUS AS
REGISTERED IN THE STATE, OR REQUEST A CHANGE IN THE VOTER'S VOTER REGIS-
TRATION INFORMATION AT ANY TIME BY CONTACTING THE APPROPRIATE  STATE  OR
LOCAL  ELECTION  OFFICIAL,  TOGETHER  WITH  CONTACT INFORMATION FOR SUCH

S. 6544                             9

OFFICIAL (INCLUDING ANY WEBSITE THROUGH WHICH THE VOTER MAY CONTACT  THE
OFFICIAL OR OBTAIN INFORMATION ON VOTER REGISTRATION IN THE STATE).
  6.  IF  AN  ELECTION  OFFICIAL  HAS AN ELECTRONIC MAIL ADDRESS FOR ANY
VOTER TO WHOM THE  OFFICIAL  IS  REQUIRED  TO  SEND  NOTICE  UNDER  THIS
SECTION, THE OFFICIAL MAY MEET THE REQUIREMENTS OF THIS SECTION BY SEND-
ING THE NOTICE TO THE VOTER IN ELECTRONIC FORM AT THAT ADDRESS, BUT ONLY
IF  PRIOR  TO  SENDING  THE NOTICE, THE OFFICIAL SENDS A TEST ELECTRONIC
MAIL TO THE VOTER AT THAT ADDRESS AND  RECEIVES  CONFIRMATION  THAT  THE
ADDRESS IS CURRENT AND VALID.
  S  5-248.  SAME DAY REGISTRATION. EACH COUNTY SHALL ALLOW ANY ELIGIBLE
INDIVIDUAL ON THE DAY OF AN ELECTION AND ON ANY DAY WHEN VOTING, INCLUD-
ING EARLY VOTING, TO REGISTER TO VOTE IN SUCH ELECTION  AT  THE  POLLING
PLACE AND TO CAST A VOTE IN SUCH ELECTION.
  S  3. Section 5-210 of the election law is amended by adding three new
subdivisions 16, 17 and 18 to read as follows:
  16. THE BOARD OF ELECTIONS SHALL ACCEPT AN ONLINE  VOTER  REGISTRATION
APPLICATION  PROVIDED  BY  AN  INDIVIDUAL  AND ENSURE THAT INDIVIDUAL IS
REGISTERED TO VOTE IN THE STATE IF (A) THE  INDIVIDUAL  MEETS  THE  SAME
VOTER  REGISTRATION  REQUIREMENTS APPLICABLE TO INDIVIDUALS WHO REGISTER
TO VOTE BY MAIL IN ACCORDANCE WITH THIS SECTION; AND (B) THE  INDIVIDUAL
PROVIDED A SIGNATURE IN ELECTRONIC FORM IN ACCORDANCE WITH SECTION 5-234
OF THIS TITLE.
  17.  UPON  THE  ONLINE  SUBMISSION  OF  A COMPLETED VOTER REGISTRATION
APPLICATION BY AN INDIVIDUAL, AN APPROPRIATE  ELECTION  PERSONNEL  SHALL
SEND  THE  INDIVIDUAL A NOTICE CONFIRMING THE BOARD OF ELECTIONS RECEIPT
OF THE APPLICATION AND PROVIDING INSTRUCTIONS ON HOW THE INDIVIDUAL  MAY
CHECK  ON  THE  STATUS  OF  THE  APPLICATION. AS SOON AS THE APPROPRIATE
ELECTION PERSONNEL HAS APPROVED OR REJECTED AN APPLICATION SUBMITTED  BY
AN  INDIVIDUAL,  THE PERSONNEL SHALL SEND THE INDIVIDUAL A NOTICE OF THE
DISPOSITION OF THE APPLICATION BY REGULAR MAIL UNLESS THE INDIVIDUAL HAS
REQUESTED VOTER INFORMATION TO BE SENT THROUGH ELECTRONIC MAIL, IN WHICH
CASE A COPY SHOULD BE SENT THROUGH BOTH REGULAR AND ELECTRONIC MAIL.
  18. IF AN INDIVIDUAL WHO IS A REGISTERED VOTER HAD PROVIDED THE  STATE
OR  LOCAL ELECTION OFFICIAL WITH AN ELECTRONIC MAIL ADDRESS FOR PURPOSES
OF RECEIVING VOTING INFORMATION, THE COUNTY BOARD OF ELECTIONS,  THROUGH
ELECTRONIC MAIL TRANSMITTED NOT LATER THAN SEVEN DAYS BEFORE THE DATE OF
THE  ELECTION INVOLVED, SHALL PROVIDE THE INDIVIDUAL WITH INFORMATION ON
HOW TO OBTAIN THE FOLLOWING INFORMATION BY  ELECTRONIC  MEANS:  (A)  THE
NAME  AND  ADDRESS  OF  THE  POLLING  PLACE  AT  WHICH THE INDIVIDUAL IS
ASSIGNED TO VOTE IN THE ELECTION; (B) THE HOURS  OF  OPERATION  FOR  THE
POLLING  PLACE;  AND  (C)  A  DESCRIPTION OF ANY IDENTIFICATION OR OTHER
INFORMATION THE INDIVIDUAL MAY BE REQUIRED TO  PRESENT  AT  THE  POLLING
PLACE.
  S  4. The election law is amended by adding two new sections 5-108 and
5-110 to read as follows:
  S 5-108. NONDISCRIMINATION. 1. THE  STATE  SHALL  TREAT  A  REGISTERED
VOTER  WHO  IS REGISTERED TO VOTE ONLINE IN ACCORDANCE WITH THIS CHAPTER
IN THE SAME MANNER AS THE STATE TREATS A REGISTERED VOTER WHO REGISTERED
TO VOTE BY MAIL.
  2. NO PERSON MAY DISCRIMINATE AGAINST ANY INDIVIDUAL ON THE  BASIS  OF
THE INDIVIDUAL'S ABSENCE FROM THE STATEWIDE VOTER REGISTRATION LIST, THE
INFORMATION SUPPLIED BY THE INDIVIDUAL FOR VOTER REGISTRATION PURPOSE TO
A SOURCE AGENCY, OR THE INDIVIDUAL'S DECLINATION TO SUPPLY SUCH INFORMA-
TION,  EXCEPT  AS  REQUIRED FOR PURPOSES OF VOTER REGISTRATION, ELECTION
ADMINISTRATION, AND THE ENFORCEMENT OF ELECTION LAWS.

S. 6544                            10

  S 5-110. PROHIBITING USE OF ELECTRONIC MAIL ADDRESSES FOR  OTHER  THAN
OFFICIAL  PURPOSES.  THE  STATE BOARD OF ELECTIONS SHALL ENSURE THAT ANY
ELECTRONIC MAIL ADDRESSES PROVIDED BY AN APPLICANT  UNDER  THIS  CHAPTER
ARE  USED  ONLY FOR PURPOSES OF CARRYING OUT OFFICIAL DUTIES OF ELECTION
OFFICIALS  AND  ARE NOT TRANSMITTED BY ANY STATE OR LOCAL ELECTION OFFI-
CIAL (OR ANY AGENT OF SUCH AN OFFICIAL, INCLUDING A CONTRACTOR)  TO  ANY
PERSON  WHO  DOES  NOT  REQUIRE  THE  ADDRESS TO CARRY OUT SUCH OFFICIAL
DUTIES AND WHO IS NOT UNDER THE DIRECT  SUPERVISION  AND  CONTROL  OF  A
STATE OR LOCAL ELECTION OFFICIAL.
  S  5. Subdivision 5 of section 5-210 of the election law is amended by
adding a new paragraph (o) to read as follows:
  (O) THE VOTER REGISTRATION APPLICATION SHALL INCLUDE A SPACE  FOR  THE
APPLICANT  TO  PROVIDE  (AT  THE  APPLICANT'S OPTION) AN ELECTRONIC MAIL
ADDRESS, TOGETHER WITH A STATEMENT THAT, IF THE APPLICANT  SO  REQUESTS,
INSTEAD  OF  USING REGULAR MAIL THE APPROPRIATE STATE AND LOCAL ELECTION
OFFICIALS SHALL PROVIDE TO THE APPLICANT, THROUGH ELECTRONIC  MAIL  SENT
TO  THAT  ADDRESS,  ANY  VOTING INFORMATION THAT WOULD OTHERWISE BE SENT
THROUGH THE REGULAR MAIL.
  S 6. Subdivisions 1 and 2 of section 5-210 of  the  election  law,  as
amended  by  chapter  179  of  the  laws of 2005, are amended to read as
follows:
  1. In addition to local registration and veterans' absentee  registra-
tion  as  provided  in  this  chapter,  any  qualified  person may apply
personally for registration and enrollment, change of enrollment by mail
[or], by appearing at the board of elections on any day, except a day of
election, during the hours that such board  of  elections  is  open  for
business OR BY REGISTERING ONLINE.
  2.  (a)  Application  forms  for use pursuant to this section shall be
furnished by a county board of elections to any person  requesting  such
form  OR  SHALL  BE  AVAILABLE  ON THE COUNTY BOARD OF ELECTIONS WEBSITE
PURSUANT TO SECTION 5-232 OF THIS TITLE. Application forms sent  outside
of  the United States to a country other than Canada or Mexico, shall be
sent airmail. Each county board  of  elections  shall  also  cause  such
application forms to be as widely and freely distributed as possible.
  (b)  The board of elections shall mail an application for registration
by mail and information on how the person may re-register to each person
for whom it receives notice pursuant to the  provisions  of  subdivision
four  of  section  5-402 of this article that such person has moved into
such city or county unless such person is already  registered  from  the
address listed in such notice.
  S  7.  The  election  law is amended by adding a new section 17-172 to
read as follows:
  S 17-172. PENALTIES AGAINST LIST MAINTENANCE,  PRIVACY  AND  SECURITY.
ANY  PERSON  WHO KNOWINGLY USES INFORMATION OR PERMITS INFORMATION TO BE
USED IN VIOLATION OF SECTIONS 5-244 OR 5-108 OF THIS  CHAPTER  SHALL  BE
IMPRISONED  FOR  NOT MORE THAN ONE YEAR, FINED NOT LESS THAN ONE HUNDRED
DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, OR BOTH SUCH FINE AND IMPRI-
SONMENT.
  S 8. Paragraphs (g) and (k) of subdivision 5 of section 5-210  of  the
election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
2008, are amended and a new paragraph (n) is added to read as follows:
  (g)  Notice that the applicant must be a citizen of the United States,
is [or will be at least eighteen years old not later than December thir-
ty-first of the calendar year in which he or  she  registers]  AT  LEAST

S. 6544                            11

SIXTEEN  YEARS  OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO
VOTE and a resident of the county or city to which application is made.
  (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) The date of birth of the applicant.
  (iv) 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)  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) [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)] A statement informing the applicant that if the form is submit-
ted 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  requirements  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)] (VII) The gender of the applicant (optional).
  [(ix)]  (VIII) 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)] (IX) The telephone number of the applicant (optional).
  [(xi)] (X) 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.

S. 6544                            12

which form of affirmation shall be followed by a space for the date  and
the aforementioned line for the applicant's signature.
  [(xii)]  (XI)  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.
  (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
  (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
SOURCE  AGENCIES  AND  THE  STATE  OR COUNTY BOARDS OF ELECTIONS ARE NOT
REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION  OF  THE  INFORMATION
REQUESTED  IN  PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (VIII), (IX) OR
(XI) OF PARAGRAPH (K) OF THIS SUBDIVISION,  AND  NO  BOARD  OF  ELECTION
SHALL  REFUSE  TO  REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF
ANY PERSON IN THE STATE WHOSE INFORMATION  IS  TRANSMITTED  PURSUANT  TO
SECTION  5-200  OF  THIS TITLE FOR THE REASON THAT SUCH INFORMATION DOES
NOT INCLUDE THE INFORMATION REQUESTED BY PARAGRAPH (J)  OR  SUBPARAGRAPH
(I), (VII), (VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S 9. The election law is amended by adding a new section 3-228 to read
as follows:
  S  3-228.  BOARD  OF ELECTIONS, REPORTS. 1. NOT LATER THAN NINETY DAYS
AFTER THE END OF EACH YEAR, THE BOARD SHALL SUBMIT  TO  THE  LEGISLATURE
AND  THE GOVERNOR A REPORT CONTAINING THE FOLLOWING CATEGORIES OF INFOR-
MATION FOR THE YEAR:
  (A) THE NUMBER OF INDIVIDUALS WHO REGISTERED;
  (B) THE NUMBER OF VOTER REGISTRATION APPLICATION  FORMS  COMPLETED  BY
INDIVIDUALS  THAT  WERE  TRANSMITTED BY THE DEPARTMENT OF MOTOR VEHICLES
AND VOTER REGISTRATION AGENCIES IN THE STATE TO THE BOARD,  BROKEN  DOWN
BY EACH SUCH AGENCY;
  (C)  THE  NUMBER OF SUCH INDIVIDUALS WHOSE VOTER REGISTRATION APPLICA-
TION FORMS WERE ACCEPTED AND WHO WERE REGISTERED TO VOTE  IN  THE  STATE
AND  THE  NUMBER  OF  SUCH INDIVIDUALS WHOSE FORMS WERE REJECTED AND WHO
WERE NOT REGISTERED TO VOTE IN THE STATE, BROKEN DOWN BY EACH SUCH AGEN-
CY;
  (D) THE NUMBER OF CHANGE OF ADDRESS FORMS AND OTHER FORMS OF  INFORMA-
TION  INDICATING  THAT  AN INDIVIDUAL'S IDENTIFYING INFORMATION HAS BEEN
CHANGED THAT WERE TRANSMITTED BY THE DEPARTMENT OF  MOTOR  VEHICLES  AND
VOTER REGISTRATION AGENCIES TO THE BOARD, BROKEN DOWN BY SUCH AGENCY AND
TYPE OF FORM SUBMITTED;
  (E)  THE  NUMBER  OF  INDIVIDUALS  ON THE STATEWIDE COMPUTERIZED VOTER
REGISTRATION LIST WHOSE VOTER REGISTRATION INFORMATION  WAS  REVISED  BY
THE  BOARD  AS  A  RESULT  OF  THE FORMS TRANSMITTED TO THE BOARD BY THE
DEPARTMENT  OF  MOTOR  VEHICLES  AND  VOTER  REGISTRATION  AGENCIES  (AS
DESCRIBED  IN  SUBDIVISION  THREE  OF THIS SECTION), BROKEN DOWN BY EACH
AGENCY AND THE TYPE OF FORM SUBMITTED;
  (F) THE NUMBER OF INDIVIDUALS WHO REQUESTED THE BOARD TO REVISE  VOTER
REGISTRATION  INFORMATION  ON  SUCH  LIST, AND THE NUMBER OF INDIVIDUALS
WHOSE INFORMATION WAS REVISED AS A RESULT OF SUCH REQUEST.
  2. IN PREPARING THE REPORT UNDER THIS SECTION, THE  STATE  SHALL,  FOR
EACH  CATEGORY  OF  INFORMATION  DESCRIBED  IN  SUBDIVISION  ONE OF THIS
SECTION, INCLUDE A BREAKDOWN BY RACE OF THE INDIVIDUALS  WHOSE  INFORMA-
TION  IS INCLUDED IN THE CATEGORY, TO THE EXTENT THAT INFORMATION ON THE
RACE OF SUCH INDIVIDUALS IS AVAILABLE TO THE STATE.
  3. IN PREPARING AND SUBMITTING A REPORT UNDER THIS SECTION, THE  BOARD
SHALL  ENSURE  THAT  NO  INFORMATION REGARDING THE IDENTIFICATION OF ANY
INDIVIDUAL IS REVEALED.
  S 10. Section 5-202 of the election law is amended  by  adding  a  new
subdivision 7 to read as follows:

S. 6544                            13

  7.  THE  BOARD  OF ELECTIONS IN EACH COUNTY SHALL ESTABLISH PROCEDURES
PROVIDING FOR ABSENTEE REGISTRATION, FOR ALL ELECTIONS HELD PURSUANT  TO
THE PROVISIONS OF THIS CHAPTER, THROUGH MAIL AND/OR ELECTRONIC MEANS FOR
PERSONS  WITH A DISABILITY. SUCH PROCEDURES SHALL BE SUBJECT TO APPROVAL
BY  THE STATE BOARD OF ELECTIONS. SUCH BOARDS OF ELECTIONS SHALL FURTHER
BE RESPONSIBLE FOR PROVIDING INFORMATION REGARDING ABSENTEE REGISTRATION
FOR PERSONS WITH A DISABILITY TO  SUCH  PERSONS  WITH  RESPECT  TO  SUCH
ELECTIONS.
  S  11.  The  election  law is amended by adding a new section 3-109 to
read as follows:
  S 3-109. PROHIBITION AGAINST VOTER CAGING.  1.  DEFINITIONS.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) VOTER CAGING DOCUMENT MEANS
  (I) A NONFORWARDABLE DOCUMENT THAT IS RETURNED  TO  THE  SENDER  OF  A
THIRD PARTY AS UNDELIVERED OR UNDELIVERABLE DESPITE AN ATTEMPT TO DELIV-
ER SUCH DOCUMENT TO THE ADDRESS OF A REGISTERED VOTER OR APPLICANT; OR
  (II)  ANY DOCUMENT WITH INSTRUCTIONS TO AN ADDRESSEE THAT THE DOCUMENT
BE RETURNED TO THE SENDER OR A THIRD  PARTY  BUT  IS  NOT  SO  RETURNED,
DESPITE  AN  ATTEMPT TO DELIVER SUCH DOCUMENT TO THE ADDRESS OF A REGIS-
TERED VOTER OR APPLICANT, UNLESS  AT  LEAST  TWO  ELECTION  CYCLES  HAVE
PASSED SINCE THE DATE OF THE ATTEMPTED DELIVERY;
  (B)  VOTER CAGING LIST MEANS A LIST OF INDIVIDUALS COMPILED FROM VOTER
CAGING DOCUMENTS; AND
  (C) UNVERIFIED MATCH LIST MEANS A LIST PRODUCED BY MATCHING THE INFOR-
MATION OF REGISTERED VOTERS OR APPLICANTS FOR VOTER  REGISTRATION  TO  A
LIST OF INDIVIDUALS WHO ARE INELIGIBLE TO VOTE IN THE REGISTRAR'S JURIS-
DICTION,  BY  VIRTUE  OF DEATH, CONVICTION, CHANGE OF ADDRESS, OR OTHER-
WISE; UNLESS ONE OF THE PIECES OF INFORMATION MATCHED INCLUDES A  SIGNA-
TURE,  PHOTOGRAPH,  OR  UNIQUE  IDENTIFYING  NUMBER  ENSURING  THAT  THE
INFORMATION FROM EACH SOURCE REFERS TO THE SAME INDIVIDUAL.
  2. PROHIBITION AGAINST VOTER CAGING. NOTWITHSTANDING THE PROVISIONS OF
SECTIONS 5-220, 8-504 OR 8-506 OF THIS  CHAPTER,  NO  ELECTION  OFFICIAL
SHALL  PREVENT  AN INDIVIDUAL FROM REGISTERING OR VOTING IN ANY ELECTION
OR PERMIT IN CONNECTION WITH ANY ELECTION A FORMAL CHALLENGE TO AN INDI-
VIDUAL'S REGISTRATION STATUS OR ELIGIBILITY TO VOTE, IF  THE  BASIS  FOR
SUCH DECISION IS EVIDENCE CONSISTING OF:
  (A) A VOTER CAGING DOCUMENT OR VOTER CAGING LIST;
  (B) AN UNVERIFIED MATCH LIST;
  (C) AN ERROR OR OMISSION ON ANY RECORD OR PAPER RELATING TO ANY APPLI-
CATION, REGISTRATION, OR OTHER ACT REQUISITE TO VOTING, IF SUCH ERROR OR
OMISSION  IS  NOT  MATERIAL  TO  AN  INDIVIDUAL'S  ELIGIBILITY  TO VOTE;
PROVIDED, HOWEVER, THAT THE ELECTION OFFICIAL MAY USE SUCH  EVIDENCE  IF
IT  IS CORROBORATED BY INDEPENDENT EVIDENCE OF THE INDIVIDUAL'S INELIGI-
BILITY TO REGISTER OR VOTE.
  3. PENALTIES FOR KNOWING MISCONDUCT. WHOEVER KNOWINGLY CHALLENGES  THE
ELIGIBILITY  OF ONE OR MORE INDIVIDUALS TO REGISTER OR VOTE OR KNOWINGLY
CAUSES THE ELIGIBILITY OF SUCH INDIVIDUALS TO BE CHALLENGED IN VIOLATION
OF THIS CHAPTER WITH THE INTENT THAT ONE  OR  MORE  ELIGIBLE  VOTERS  BE
DISQUALIFIED, SHALL BE FINED OR IMPRISONED NOT MORE THAN ONE YEAR, OR BY
BOTH SUCH FINE AND IMPRISONMENT, FOR EACH SUCH VIOLATION. EACH VIOLATION
SHALL BE A SEPARATE OFFENSE.
  S  12.  Section  17-154 of the election law is amended by adding a new
subdivision 6 to read as follows:
  6. KNOWINGLY AND WILLFULLY DEPRIVE, DEFRAUD, OR ATTEMPT TO DEPRIVE  OR
DEFRAUD ANY OTHER PERSON OF THEIR FREE AND FAIR EXERCISE OF THE RIGHT TO

S. 6544                            14

VOTE  BY THE COMMUNICATION OF ELECTION-RELATED INFORMATION THAT IS KNOWN
BY THE PERSON TO BE MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT.  "ELEC-
TION-RELATED  INFORMATION"  SHALL MEAN ANY ORAL OR WRITTEN COMMUNICATION
REGARDING  THE  TIME OR PLACE OF AN ELECTION, CRIMINAL PENALTIES ASSOCI-
ATED WITH VOTING IN SUCH AN ELECTION, AN INDIVIDUAL'S VOTER REGISTRATION
STATUS OR ELIGIBILITY TO VOTE IN  SUCH  AN  ELECTION,  OR  THE  EXPLICIT
ENDORSEMENT  OF  ANY  PERSON  OR  ORGANIZATION OF A CANDIDATE IN SUCH AN
ELECTION.
  S 13. Subdivision 1 of section 7-202 of the election law is amended by
adding a new paragraph a-1 to read as follows:
  A-1. USE AN INDIVIDUAL, DURABLE, VOTER-VERIFIED, PAPER BALLOT  OF  THE
VOTER'S  VOTE THAT SHALL BE MARKED AND MADE AVAILABLE FOR INSPECTION AND
VERIFICATION BY THE VOTER BEFORE THE VOTER'S VOTE IS CAST  AND  COUNTED,
AND  WHICH  SHALL  BE  COUNTED  BY  HAND OR READ BY AN OPTICAL CHARACTER
RECOGNITION DEVICE OR OTHER COUNTING DEVICE; SUCH BALLOTS SHALL  BE  THE
TRUE AND CORRECT RECORD OF THE VOTES CAST AND SHALL ALLOW A MANUAL AUDIT
AND  BE  PRESERVED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3-222 OF
THIS CHAPTER. FOR PURPOSES OF  THIS  PARAGRAPH,  THE  TERM  "INDIVIDUAL,
DURABLE,  VOTER-VERIFIED,  PAPER  BALLOT" MEANS A PAPER BALLOT MARKED BY
THE VOTER BY HAND OR A PAPER BALLOT MARKED THROUGH THE USE OF A NONTABU-
LATING BALLOT MARKING DEVICE OR SYSTEM, SO LONG AS THE VOTER SHALL  HAVE
THE OPTION TO MARK HIS OR HER BALLOT BY HAND;
  S  14.  Paragraph  j of subdivision 1 of section 7-202 of the election
law, as added by chapter 181 of the laws of 2005, is amended to read  as
follows:
  j.  retain  all paper ballots cast or produce and retain a voter veri-
fied permanent paper record which shall be presented to the  voter  from
behind  a  window or other device before the ballot is cast, in a manner
intended and designed to protect the privacy of the voter; such  ballots
or  record  shall allow a manual audit and shall be preserved in accord-
ance with the provisions of section 3-222  of  this  chapter;  PROVIDED,
HOWEVER,  THE  VOTING SYSTEM SHALL NOT PRESERVE THE VOTER-VERIFIED PAPER
BALLOTS IN ANY MANNER THAT MAKES IT POSSIBLE,  AT  ANY  TIME  AFTER  THE
BALLOT  HAS  BEEN  CAST,  TO  ASSOCIATE  A  VOTER WITH THE RECORD OF THE
VOTER'S VOTE WITHOUT THE VOTER'S CONSENT.
  S 15. The election law is amended by adding a  new  section  3-508  to
read as follows:
  S  3-508.  STUDY  AND  REPORT  ON ACCESSIBLE PAPER BALLOT VERIFICATION
MECHANISMS. 1. THE STATE BOARD OF ELECTIONS SHALL  MAKE  GRANTS  TO  NOT
FEWER  THAN THREE ELIGIBLE ENTITIES TO STUDY, TEST, AND DEVELOP ACCESSI-
BLE PAPER  BALLOT  VOTING,  VERIFICATION,  AND  CASTING  MECHANISMS  AND
DEVICES  AND BEST PRACTICES TO ENHANCE THE ACCESSIBILITY OF PAPER BALLOT
VOTING AND VERIFICATION MECHANISMS FOR  INDIVIDUALS  WITH  DISABILITIES,
FOR  VOTERS  WHOSE  PRIMARY LANGUAGE IS NOT ENGLISH, AND FOR VOTERS WITH
DIFFICULTIES IN LITERACY, INCLUDING BEST PRACTICES  FOR  THE  MECHANISMS
THEMSELVES AND THE PROCESSES THROUGH WHICH THE MECHANISMS ARE USED.
  2.  AN  ENTITY IS ELIGIBLE TO RECEIVE A GRANT UNDER THIS SECTION IF IT
SUBMITS TO THE BOARD (AT SUCH TIME AND IN SUCH FORM  AS  THE  BOARD  MAY
REQUIRE) AN APPLICATION CONTAINING:
  (A)  CERTIFICATIONS  THAT  THE  ENTITY  SHALL SPECIFICALLY INVESTIGATE
ENHANCED METHODS OR DEVICES, INCLUDING NON-ELECTRONIC DEVICES, THAT WILL
ASSIST SUCH INDIVIDUALS  AND  VOTERS  IN  MARKING  VOTER-VERIFIED  PAPER
BALLOTS AND PRESENTING OR TRANSMITTING THE INFORMATION PRINTED OR MARKED
ON  SUCH  BALLOTS  BACK TO SUCH INDIVIDUALS AND VOTERS, AND CASTING SUCH
BALLOTS;

S. 6544                            15

  (B) A CERTIFICATION THAT THE  ENTITY  SHALL  COMPLETE  THE  ACTIVITIES
CARRIED  OUT  WITH  THE  GRANT NOT LATER THAN DECEMBER THIRTY-FIRST, TWO
THOUSAND EIGHTEEN; AND
  (C)  SUCH  OTHER  INFORMATION  AND  CERTIFICATIONS  AS  THE  BOARD MAY
REQUIRE.
  3. ANY TECHNOLOGY DEVELOPED WITH THE GRANTS MADE  UNDER  THIS  SECTION
SHALL  BE  TREATED AS NON-PROPRIETARY AND SHALL BE MADE AVAILABLE TO THE
PUBLIC, INCLUDING TO MANUFACTURERS OF VOTING SYSTEMS.
  S 16. Subdivision 1 of section 7-104 of the election law,  as  amended
by chapter 165 of the laws of 2010, is amended to read as follows:
  1.  (A)  All ballots shall be printed and/or displayed in a format and
arrangement, of such uniform size and  style  as  will  fit  the  ballot
frame, and shall be in as plain and clear a type or display as the space
will  reasonably permit. ALL VOTER-VERIFIED PAPER BALLOTS REQUIRED TO BE
USED UNDER THIS CHAPTER SHALL BE MARKED OR  PRINTED  ON  DURABLE  PAPER.
Such  type  or  display on the ballot shall satisfy all requirements and
standards set forth pursuant to the federal Help America Vote  Act.  FOR
PURPOSES  OF  THIS  SUBDIVISION,  PAPER IS "DURABLE" IF IT IS CAPABLE OF
WITHSTANDING MULTIPLE COUNTS AND RECOUNTS BY HAND  WITHOUT  COMPROMISING
THE  FUNDAMENTAL  INTEGRITY OF THE BALLOTS, AND CAPABLE OF RETAINING THE
INFORMATION MARKED OR PRINTED  ON  THEM  FOR  THE  FULL  DURATION  OF  A
RETENTION AND PRESERVATION PERIOD OF TWENTY-TWO MONTHS.
  (B)  ALL  VOTER-VERIFIED  PAPER BALLOTS COMPLETED BY THE VOTER THROUGH
THE USE OF A BALLOT MARKING DEVICE SHALL  BE  CLEARLY  READABLE  BY  THE
VOTER WITHOUT ASSISTANCE (OTHER THAN EYEGLASSES OR OTHER PERSONAL VISION
ENHANCING  DEVICES)  AND  BY  AN OPTICAL CHARACTER RECOGNITION DEVICE OR
OTHER DEVICE EQUIPPED FOR INDIVIDUALS WITH DISABILITIES.
  S 17. Article 9 of the election law is amended by adding a new title 3
to read as follows:
                                TITLE III
                         MANDATORY MANUAL AUDITS
SECTION 9-300. REQUIRING AUDITS OF RESULTS OF ELECTIONS.
        9-302. NUMBER OF BALLOTS COUNTED UNDER AUDIT.
        9-304. PROCESS FOR ADMINISTERING AUDITS.
        9-306. SELECTION OF ELECTION DISTRICTS.
        9-308. PUBLICATION OF RESULTS.
  S 9-300. REQUIRING AUDITS OF RESULTS OF ELECTIONS.  1.  IN  ACCORDANCE
WITH  THIS TITLE, THE STATE BOARD OF ELECTIONS SHALL ADMINISTER, WITHOUT
ADVANCE NOTICE TO THE LOCAL BOARDS OF ELECTIONS SELECTED, AUDITS OF  THE
RESULTS  OF  ALL  ELECTIONS  FOR  STATE  AND LOCAL OFFICES HELD FOR EACH
ELECTION CONSISTING OF RANDOM HAND COUNTS OF  THE  VOTER-VERIFIED  PAPER
BALLOTS REQUIRED TO BE USED AND PRESERVED PURSUANT TO THIS CHAPTER.
  2. THE STATE BOARD OF ELECTIONS SHALL NOT BE REQUIRED TO ADMINISTER AN
AUDIT  OF  THE  RESULTS  OF  AN ELECTION UNDER THIS TITLE IF THE WINNING
CANDIDATE IN THE ELECTION:
  (A) HAD NO OPPOSITION ON THE BALLOT; OR
  (B) RECEIVED EIGHTY PERCENT OR MORE OF THE TOTAL NUMBER OF VOTES  CAST
IN THE ELECTION, AS DETERMINED ON THE BASIS OF THE FINAL UNOFFICIAL VOTE
COUNT.
  3.  THE  STATE  BOARD  OF ELECTIONS SHALL ADMINISTER AUDITS UNDER THIS
TITLE THROUGH AN ELECTION AUDITING ENTITY SELECTED FOR SUCH  PURPOSE  BY
THE  STATE  BOARD  OF  ELECTIONS IN ACCORDANCE WITH SUCH CRITERIA AS THE
STATE BOARD OF  ELECTIONS  CONSIDERS  APPROPRIATE  CONSISTENT  WITH  THE
REQUIREMENTS  OF THIS TITLE, EXCEPT THAT SUCH ENTITY MUST MEET STANDARDS
TO ENSURE ITS INDEPENDENCE.

S. 6544                            16

  S 9-302. NUMBER OF BALLOTS COUNTED UNDER AUDIT. 1. EXCEPT AS  PROVIDED
IN  SUBDIVISION  TWO OF THIS SECTION, THE NUMBER OF VOTER-VERIFIED PAPER
BALLOTS WHICH WILL BE SUBJECT  TO  A  HAND  COUNT  ADMINISTERED  BY  THE
ELECTION  AUDITING  ENTITY  UNDER THIS TITLE WITH RESPECT TO AN ELECTION
SHALL BE DETERMINED AS FOLLOWS:
  (A) IN THE EVENT THAT THE UNOFFICIAL COUNT AS DESCRIBED IN SUBDIVISION
ONE  OF  SECTION  9-304 OF THIS TITLE REVEALS THAT THE MARGIN OF VICTORY
BETWEEN THE TWO CANDIDATES RECEIVING THE LARGEST NUMBER OF VOTES IN  THE
ELECTION  IS  LESS  THAN  ONE  PERCENT  OF  THE TOTAL VOTES CAST IN THAT
ELECTION, THE HAND COUNTS OF  THE  VOTER-VERIFIED  PAPER  BALLOTS  SHALL
OCCUR  IN AT LEAST TEN PERCENT OF ALL ELECTION DISTRICTS (OR ALTERNATIVE
AUDIT UNITS USED IN ACCORDANCE WITH THE METHOD PROVIDED FOR UNDER SUBDI-
VISION TWO OF THIS SECTION) IN THE DISTRICT INVOLVED OR THE STATE.
  (B) IN THE EVENT THAT THE UNOFFICIAL COUNT AS DESCRIBED IN SUBDIVISION
ONE OF SECTION 9-304 OF THIS TITLE REVEALS THAT THE  MARGIN  OF  VICTORY
BETWEEN  THE TWO CANDIDATES RECEIVING THE LARGEST NUMBER OF VOTES IN THE
ELECTION IS GREATER THAN OR EQUAL TO  ONE  PERCENT  BUT  LESS  THAN  TWO
PERCENT OF THE TOTAL VOTES CAST IN THAT ELECTION, THE HAND COUNTS OF THE
VOTER-VERIFIED PAPER BALLOTS SHALL OCCUR IN AT LEAST FIVE PERCENT OF ALL
ELECTION  DISTRICTS  (OR ALTERNATIVE AUDIT UNITS USED IN ACCORDANCE WITH
THE METHOD PROVIDED FOR UNDER SUBDIVISION TWO OF THIS  SECTION)  IN  THE
DISTRICT INVOLVED OR THE STATE.
  (C) IN THE EVENT THAT THE UNOFFICIAL COUNT AS DESCRIBED IN SUBDIVISION
ONE  OF  SECTION  9-304 OF THIS TITLE REVEALS THAT THE MARGIN OF VICTORY
BETWEEN THE TWO CANDIDATES RECEIVING THE LARGEST NUMBER OF VOTES IN  THE
ELECTION IS EQUAL TO OR GREATER THAN TWO PERCENT OF THE TOTAL VOTES CAST
IN  THAT  ELECTION,  THE HAND COUNTS OF THE VOTER-VERIFIED PAPER BALLOTS
SHALL OCCUR IN AT LEAST THREE PERCENT  OF  ALL  ELECTION  DISTRICTS  (OR
ALTERNATIVE  AUDIT UNITS USED IN ACCORDANCE WITH THE METHOD PROVIDED FOR
UNDER SUBDIVISION TWO OF THIS SECTION) IN THE DISTRICT INVOLVED  OR  THE
STATE.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE STATE BOARD OF
ELECTIONS  MAY ADOPT AND APPLY AN ALTERNATIVE MECHANISM TO DETERMINE THE
NUMBER OF VOTER-VERIFIED PAPER BALLOTS WHICH WILL BE SUBJECT TO THE HAND
COUNTS REQUIRED UNDER THIS TITLE WITH RESPECT TO AN ELECTION, SO LONG AS
THE ALTERNATIVE MECHANISM  USES  THE  VOTER-VERIFIED  PAPER  BALLOTS  TO
CONDUCT  THE  AUDIT  AND THE ALTERNATIVE MECHANISM IS IN ACCORDANCE WITH
THE PRINCIPLES SET FORTH IN THIS SUBDIVISION. IN APPROVING  AN  ALTERNA-
TIVE  MECHANISM  UNDER  THIS  SUBDIVISION,  THE STATE BOARD OF ELECTIONS
SHALL ENSURE THAT THE AUDIT PROCEDURE WILL HAVE THE  PROPERTY  THAT  FOR
EACH ELECTION:
  (A) THE ALTERNATIVE MECHANISM WILL BE AT LEAST AS STATISTICALLY EFFEC-
TIVE  IN ENSURING THE ACCURACY OF THE ELECTION RESULTS AS THE PROCEDURES
UNDER THIS SECTION; OR
  (B) THE ALTERNATIVE MECHANISM WILL  ACHIEVE  AT  LEAST  A  NINETY-FIVE
PERCENT  CONFIDENCE  INTERVAL (AS DETERMINED IN ACCORDANCE WITH CRITERIA
SET FORTH BY THE NATIONAL INSTITUTE OF STANDARDS  AND  TECHNOLOGY)  WITH
RESPECT TO THE OUTCOME OF THE ELECTION.
  S 9-304. PROCESS FOR ADMINISTERING AUDITS. THE ELECTION AUDITING ENTI-
TY  SHALL  ADMINISTER  AN  AUDIT UNDER THIS SECTION OF THE RESULTS OF AN
ELECTION IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
  1. WITHIN TWENTY-FOUR HOURS AFTER THE FINAL UNOFFICIAL VOTE  COUNT  IS
RELEASED, THE ELECTION AUDITING ENTITY SHALL:
  (A) DETERMINE AND THEN ANNOUNCE THE ELECTION DISTRICTS (OR ALTERNATIVE
AUDIT  UNITS  USED IN ACCORDANCE WITH THE METHOD PROVIDED UNDER SUBDIVI-

S. 6544                            17

SION TWO OF SECTION 9-302 OF THIS TITLE) IN THE STATE IN WHICH  IT  WILL
ADMINISTER THE AUDITS; AND
  (B)  WITH  RESPECT TO VOTES CAST AT THE ELECTION DISTRICT ON OR BEFORE
THE DATE OF THE ELECTION (OTHER  THAN  AFFIDAVIT  BALLOTS  DESCRIBED  IN
SUBDIVISION  TWO OF THIS SECTION), BEGIN TO ADMINISTER THE HAND COUNT OF
THE VOTES ON THE VOTER-VERIFIED PAPER BALLOTS REQUIRED TO  BE  USED  AND
PRESERVED  UNDER  THIS  CHAPTER  AND  THE COMPARISON OF THE COUNT OF THE
VOTES ON THOSE BALLOTS WITH THE FINAL UNOFFICIAL COUNT OF SUCH VOTES  AS
ANNOUNCED BY THE BOARD OF ELECTIONS.
  2.  WITH  RESPECT TO VOTES CAST OTHER THAN AT THE ELECTION DISTRICT ON
THE DATE OF THE ELECTION (OTHER THAN VOTES CAST BEFORE THE DATE  OF  THE
ELECTION)  OR VOTES CAST BY AFFIDAVIT BALLOT ON THE DATE OF THE ELECTION
WHICH ARE CERTIFIED AND COUNTED BY THE BOARD OF ELECTIONS  ON  OR  AFTER
THE  DATE  OF  THE  ELECTION,  INCLUDING  VOTES CAST BY ABSENT UNIFORMED
SERVICES VOTERS AND OVERSEAS VOTERS UNDER  THE  UNIFORMED  AND  OVERSEAS
CITIZENS  ABSENTEE VOTING ACT, THE ELECTION AUDITING ENTITY SHALL ADMIN-
ISTER THE HAND COUNT OF THE VOTES ON THE APPLICABLE VOTER-VERIFIED PAPER
BALLOTS REQUIRED TO BE PRODUCED AND PRESERVED UNDER THIS CHAPTER AND THE
COMPARISON OF THE COUNT OF THE VOTES ON THOSE  BALLOTS  WITH  THE  FINAL
UNOFFICIAL COUNT OF SUCH VOTES AS ANNOUNCED BY THE BOARD OF ELECTIONS.
  3.  IN  ADMINISTERING  THE  AUDITS,  THE  ELECTION AUDITING ENTITY MAY
UTILIZE THE SERVICES OF THE PERSONNEL OF THE STATE OR  LOCAL  BOARDS  OF
ELECTIONS, INCLUDING ELECTION ADMINISTRATION PERSONNEL AND POLL WORKERS,
WITHOUT  REGARD TO WHETHER OR NOT THE PERSONNEL HAVE PROFESSIONAL AUDIT-
ING EXPERIENCE.
  4. THE ELECTION AUDITING  ENTITY  SHALL  ADMINISTER  AN  AUDIT  OF  AN
ELECTION:
  (A)  AT THE LOCATION WHERE THE BALLOTS CAST IN THE ELECTION ARE STORED
AND COUNTED AFTER THE DATE OF THE ELECTION OR SUCH OTHER APPROPRIATE AND
SECURE LOCATION AGREED UPON BY THE  ELECTION  AUDITING  ENTITY  AND  THE
STATE BOARD OF ELECTIONS; AND
  (B) IN THE PRESENCE OF THE PERSONNEL OF THE STATE BOARD OF ELECTIONS.
  5.  (A)  IF  THE  ELECTION  AUDITING ENTITY FINDS THAT ANY OF THE HAND
COUNTS ADMINISTERED UNDER THIS SECTION DO NOT MATCH THE FINAL UNOFFICIAL
TALLY OF THE RESULTS OF AN ELECTION, THE ELECTION AUDITING ENTITY  SHALL
ADMINISTER  HAND COUNTS OF SUCH ADDITIONAL ELECTION DISTRICTS (OR ALTER-
NATIVE AUDIT UNITS) AS THE ELECTION AUDITING ENTITY CONSIDERS  APPROPRI-
ATE  TO  RESOLVE  ANY  CONCERNS  RESULTING FROM THE AUDIT AND ENSURE THE
ACCURACY OF THE ELECTION RESULTS.
  (B) NOT LATER THAN AUGUST FIRST,  TWO  THOUSAND  NINETEEN,  THE  STATE
BOARD  OF  ELECTIONS SHALL ESTABLISH AND PUBLISH PROCEDURES FOR CARRYING
OUT THE ADDITIONAL AUDITS UNDER THIS SUBDIVISION, INCLUDING THE MEANS BY
WHICH THE STATE BOARD OF ELECTIONS SHALL RESOLVE ANY CONCERNS  RESULTING
FROM  THE  AUDIT  WITH  FINALITY AND ENSURE THE ACCURACY OF THE ELECTION
RESULTS.
  6. EACH AUDIT CONDUCTED UNDER THIS SECTION SHALL  BE  CONDUCTED  IN  A
MANNER THAT ALLOWS PUBLIC OBSERVATION OF THE ENTIRE PROCESS.
  S  9-306.  SELECTION  OF  ELECTION  DISTRICTS. 1. THE SELECTION OF THE
ELECTION DISTRICTS OR ALTERNATIVE AUDIT UNITS IN THE STATE IN WHICH  THE
ELECTION  AUDITING  ENTITY  SHALL  ADMINISTER THE HAND COUNTS UNDER THIS
TITLE SHALL BE MADE BY THE ELECTION AUDITING ENTITY ON  A  RANDOM  BASIS
EXCEPT  THAT  AT LEAST ONE ELECTION DISTRICT SHALL BE SELECTED AT RANDOM
IN EACH COUNTY, WITH  ADDITIONAL  ELECTION  DISTRICTS  SELECTED  BY  THE
ELECTION AUDITING ENTITY AT THE ELECTION AUDITING ENTITY'S DISCRETION.

S. 6544                            18

  2. THE RANDOM SELECTION OF ELECTION DISTRICTS UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE CONDUCTED IN PUBLIC, AT A TIME AND PLACE ANNOUNCED
IN ADVANCE.
  S  9-308.  PUBLICATION OF RESULTS. 1. AS SOON AS PRACTICABLE AFTER THE
COMPLETION OF AN AUDIT UNDER THIS TITLE, THE  ELECTION  AUDITING  ENTITY
SHALL  SUBMIT  TO THE STATE BOARD OF ELECTIONS THE RESULTS OF THE AUDIT,
AND SHALL INCLUDE IN THE SUBMISSION A COMPARISON OF THE RESULTS  OF  THE
ELECTION IN THE ELECTION DISTRICT AS DETERMINED BY THE ELECTION AUDITING
ENTITY  UNDER  THE  AUDIT  AND  THE  FINAL  UNOFFICIAL VOTE COUNT IN THE
ELECTION DISTRICT AS ANNOUNCED BY THE BOARD OF ELECTIONS AND ALL  UNDER-
VOTES,  OVERVOTES,  BLANK  BALLOTS,  AND  SPOILED,  VOIDED, OR CANCELLED
BALLOTS, AS WELL AS A LIST OF ANY DISCREPANCIES DISCOVERED  BETWEEN  THE
INITIAL,  SUBSEQUENT, AND FINAL HAND COUNTS ADMINISTERED BY THE ELECTION
AUDITING ENTITY AND SUCH FINAL UNOFFICIAL VOTE COUNT AND ANY EXPLANATION
FOR SUCH DISCREPANCIES, BROKEN DOWN BY THE CATEGORIES OF VOTES DESCRIBED
IN SUBDIVISIONS ONE AND TWO OF SECTION 9-304 OF THIS TITLE.
  2. IMMEDIATELY AFTER RECEIVING THE SUBMISSION OF  THE  RESULTS  OF  AN
AUDIT  FROM  THE  ELECTION AUDITING ENTITY UNDER SUBDIVISION ONE OF THIS
SECTION, THE STATE  BOARD  OF  ELECTIONS  SHALL  PUBLICLY  ANNOUNCE  AND
PUBLISH THE INFORMATION CONTAINED IN THE SUBMISSION.
  3. THE RESULTS OF ANY ELECTION WHICH IS SUBJECT TO AN AUDIT UNDER THIS
TITLE SHALL NOT BE CERTIFIED PRIOR TO:
  (A)  TO  THE COMPLETION OF THE AUDIT (AND, IF REQUIRED, ANY ADDITIONAL
AUDIT CONDUCTED UNDER SUBDIVISION FIVE OF SECTION 9-304 OF  THIS  TITLE)
AND THE ANNOUNCEMENT AND SUBMISSION OF THE RESULTS OF EACH SUCH AUDIT TO
THE STATE BOARD OF ELECTIONS FOR PUBLICATION OF THE INFORMATION REQUIRED
UNDER THIS SECTION; AND
  (B)  THE COMPLETION OF ANY PROCEDURE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS PURSUANT TO SUBDIVISION FIVE OF SECTION 9-304 OF THIS TITLE TO
RESOLVE DISCREPANCIES AND ENSURE THE ACCURACY OF RESULTS.
  S 18. Subdivision 3-a of section 3-100 of the election law  is  renum-
bered  subdivision  3-b  and  a  new subdivision 3-a is added to read as
follows:
  3-A. (A) IT SHALL BE UNLAWFUL FOR A  MEMBER  OF  THE  STATE  BOARD  OF
ELECTIONS  TO  TAKE AN ACTIVE PART IN POLITICAL MANAGEMENT OR IN A POLI-
TICAL CAMPAIGN WITH  RESPECT  TO  ANY  ELECTION  HELD  PURSUANT  TO  THE
PROVISIONS  OF  THIS CHAPTER OR FOR FEDERAL OFFICE OVER WHICH SUCH OFFI-
CIAL HAS SUPERVISORY AUTHORITY.   PROVIDED, HOWEVER, THAT  THIS  SECTION
SHALL  NOT  APPLY TO SUCH OFFICIALS WITH RESPECT TO AN ELECTION IN WHICH
THE OFFICIAL OR AN IMMEDIATE FAMILY MEMBER OF THE OFFICIAL IS  A  CANDI-
DATE.
  (B)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (I) "ACTIVE PART" SHALL MEAN SERVICE AS  A  MEMBER  OF  AN  AUTHORIZED
COMMITTEE  OF  A  CANDIDATE FOR OFFICE; THE USE OF OFFICIAL AUTHORITY OR
INFLUENCE FOR THE PURPOSE OF INTERFERING WITH OR AFFECTING THE RESULT OF
AN ELECTION; AND THE SOLICITATION, ACCEPTANCE, OR RECEIPT OF A  CONTRIB-
UTION FROM ANY PERSON ON BEHALF OF A CANDIDATE FOR OFFICE.
  (II)  "IMMEDIATE FAMILY MEMBER" SHALL MEAN A CANDIDATE'S FATHER, MOTH-
ER, SON, DAUGHTER, BROTHER,  SISTER,  HUSBAND,  WIFE,  FATHER-IN-LAW  OR
MOTHER-IN-LAW.
  S 19. Subdivision 11 of section 5-614 of the election law, as added by
chapter 24 of the laws of 2005, is amended to read as follows:
  11.  A. The state board of elections shall establish a statewide voter
hotline [using information available through the statewide voter  regis-
tration  list]  for  [voters to obtain information regarding their voter

S. 6544                            19

registration] RESPONDING TO QUESTIONS AND  COMPLAINTS  FROM  INDIVIDUALS
VOTING OR SEEKING TO VOTE, OR REGISTERING TO VOTE OR SEEKING TO REGISTER
TO  VOTE,  IN  ELECTIONS  HELD  PURSUANT  TO  THIS CHAPTER OR IN FEDERAL
ELECTIONS. SUCH HOTLINE SHALL PROVIDE SAME-DAY, AND IMMEDIATE ASSISTANCE
TO  SUCH  INDIVIDUALS, INCLUDING INFORMATION ON HOW TO REGISTER TO VOTE,
THE LOCATION AND HOURS OF OPERATION OF POLLING PLACES, AND HOW TO OBTAIN
ABSENTEE BALLOTS, AND ASSISTANCE TO SUCH INDIVIDUALS ENCOUNTERING  PROB-
LEMS  WITH REGISTERING TO VOTE OR VOTING, INCLUDING INDIVIDUALS ENCOUNT-
ERING INTIMIDATION OR DECEPTIVE PRACTICES.
  B. SUCH VOTER HOTLINE SHALL OPERATE IN  A  MANNER  THAT  ENSURES  THAT
INDIVIDUALS  WITH  DISABILITIES AND INDIVIDUALS WITH LIMITED PROFICIENCY
IN THE ENGLISH LANGUAGE ARE FULLY ABLE TO USE THE SERVICE.
  C. THE STATE BOARD OF ELECTIONS SHALL FURNISH TO THE TEMPORARY  PRESI-
DENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR, A
BI-ANNUAL REPORT DETAILING THE NUMBER AND TYPE OF CALLS RECEIVED BY  THE
SERVICE,  A  COMPILATION  AND  DESCRIPTION  OF  THE  REPORTS MADE TO THE
SERVICE  BY  INDIVIDUALS  CITING  INSTANCES  OF  VOTER  INTIMIDATION  OR
SUPPRESSION, AN ASSESSMENT OF THE EFFECTIVENESS OF THE SERVICE IN MAKING
INFORMATION  AVAILABLE TO ALL HOUSEHOLDS WITH TELEPHONE SERVICE, AND ANY
RECOMMENDATIONS TO IMPROVE THE SERVICE.
  S 20. Article 8 of the election law is amended by adding a new title 6
to read as follows:
                                TITLE VI
                     EARLY VOTING AND VOTING BY MAIL
SECTION 8-600. EARLY VOTING; GENERAL.
        8-601. EARLY VOTING; LENGTH OF PERIOD.
        8-602. POLLING PLACE REQUIREMENTS.
        8-603. EARLY VOTING; STATE BOARD OF ELECTIONS.
        8-604. VOTING BY MAIL.
  S 8-600. EARLY VOTING; GENERAL. A VOTER SHALL BE PERMITTED TO VOTE  IN
ANY  ELECTION  HELD PURSUANT TO THE PROVISIONS OF THIS CHAPTER DURING AN
EARLY VOTING PERIOD WHICH OCCURS PRIOR TO THE DATE OF THE  ELECTION,  IN
THE SAME MANNER AS VOTING IS ALLOWED ON SUCH DATE.
  S  8-601.  EARLY  VOTING; LENGTH OF PERIOD. 1. THE EARLY VOTING PERIOD
REQUIRED UNDER SECTION 8-600 OF THIS TITLE, SHALL CONSIST OF A PERIOD OF
CONSECUTIVE DAYS, INCLUDING WEEKENDS, WHICH BEGINS ON THE FIFTEENTH  DAY
BEFORE THE DATE OF THE ELECTION AND ENDS ON THE DATE OF THE ELECTION.
  2.  SUCH  EARLY  VOTING PERIOD MAY COMMENCE PRIOR TO THE FIFTEENTH DAY
BEFORE THE DATE OF THE ELECTION.
  S 8-602. POLLING PLACE  REQUIREMENTS.  1.  EACH  POLLING  PLACE  WHICH
ALLOWS  VOTING DURING AN EARLY VOTING PERIOD UNDER SECTION 8-600 OF THIS
TITLE SHALL:
  A. ALLOW SUCH VOTING FOR NO LESS THAN FOUR HOURS ON EACH  DAY,  EXCEPT
SUCH  POLLING  PLACE  MAY ALLOW SUCH VOTING FOR FEWER THAN FOUR HOURS ON
SUNDAYS; AND
  B. HAVE UNIFORM HOURS EACH DAY FOR WHICH SUCH VOTING OCCURS.
  2. TO THE GREATEST EXTENT PRACTICABLE, EACH POLLING PLACE WHICH ALLOWS
VOTING DURING AN EARLY VOTING PERIOD UNDER SECTION 8-600 OF THIS  TITLE,
SHALL BE LOCATED WITHIN WALKING DISTANCE OF A STOP ON A PUBLIC TRANSPOR-
TATION ROUTE.
  S 8-603. EARLY VOTING; STATE BOARD OF ELECTIONS. 1. THE STATE BOARD OF
ELECTIONS  SHALL  ISSUE STANDARDS FOR THE ADMINISTRATION OF EARLY VOTING
FOR A STATE OR LOCAL ELECTION. SUCH STANDARDS SHALL INCLUDE THE  NONDIS-
CRIMINATORY  GEOGRAPHIC PLACEMENT OF POLLING PLACES AT WHICH SUCH VOTING
OCCURS.

S. 6544                            20

  2. THE STANDARDS DESCRIBED IN SUBDIVISION ONE OF  THIS  SECTION  SHALL
PERMIT  THE  BOARDS OF ELECTIONS, UPON PROVIDING ADEQUATE PUBLIC NOTICE,
TO DEVIATE FROM ANY REQUIREMENT IN THE CASE OF UNFORESEEN  CIRCUMSTANCES
SUCH AS A NATURAL DISASTER, TERRORIST ATTACK, OR A CHANGE IN VOTER TURN-
OUT.
  S  8-604.  VOTING BY MAIL. A VOTER QUALIFIED TO CAST A VOTE IN A STATE
OR LOCAL ELECTION SHALL NOT BE RESTRICTED BY  ADDITIONAL  CONDITIONS  OR
REQUIREMENTS  ON  THE ELIGIBILITY OF SUCH VOTER TO VOTE IN SUCH ELECTION
BY MAIL, EXCEPT TO THE EXTENT THE BOARD OF ELECTIONS IMPOSES A  DEADLINE
FOR  REQUESTING  THE BALLOT AND RELATED VOTING MATERIALS FROM THE APPRO-
PRIATE ELECTION OFFICIAL AND FOR RETURNING THE BALLOT TO THE APPROPRIATE
OFFICIAL.
  S 21. Section 8-400 of the election law is amended  by  adding  a  new
subdivision 6-a to read as follows:
  6-A.  AN  ABSENTEE  BALLOT MAY NOT BE ACCEPTED OR PROCESSED UNLESS THE
INDIVIDUAL'S IDENTITY IS VERIFIED BY COMPARING THE  INDIVIDUAL'S  SIGNA-
TURE ON THE ABSENTEE BALLOT WITH THE INDIVIDUAL'S SIGNATURE ON THE OFFI-
CIAL  LIST  OF  REGISTERED  VOTERS,  IN  ACCORDANCE WITH SUCH PROCEDURES
ADOPTED BY THE STATE BOARD OF ELECTIONS.
  S 22. Section 5-104 of the election law is amended  by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  FOR  THE  PURPOSE OF REGISTERING AND VOTING, NO SPOUSE, DOMESTIC
PARTNER, OR DEPENDENT OF A PERSON  WHO  IS  ABSENT  FROM  THE  STATE  IN
COMPLIANCE WITH MILITARY OR NAVAL ORDERS SHALL, SOLELY BY REASON OF THAT
PERSON'S ABSENCE AND WITHOUT REGARD TO WHETHER OR NOT SUCH FAMILY MEMBER
IS ACCOMPANYING THAT PERSON BE DEEMED TO HAVE:
  A.  LOST  A  RESIDENCE  OR  DOMICILE  IN THIS STATE, WITHOUT REGARD TO
WHETHER OR NOT THE PERSON INTENDS TO RETURN;
  B. ACQUIRED A RESIDENCE OR DOMICILE IN ANY OTHER STATE; OR
  C. BECOME A RESIDENT IN OR A RESIDENT OF ANY OTHER STATE.
  S 23. Section 10-124 of the election law is amended  by  adding  three
new subdivisions 3, 4 and 5 to read as follows:
  3.  NOT  LATER  THAN  FORTY-FIVE  DAYS  BEFORE ANY REGULARLY SCHEDULED
GENERAL ELECTION THE STATE BOARD OF ELECTIONS SHALL SUBMIT A  REPORT  TO
THE  GOVERNOR  AND ATTORNEY GENERAL AND MAKE THAT REPORT PUBLICLY AVAIL-
ABLE THAT SAME DAY, CERTIFYING THAT ABSENTEE BALLOTS  FOR  THE  ELECTION
ARE  OR  WILL BE AVAILABLE FOR TRANSMISSION TO ABSENT UNIFORMED SERVICES
VOTERS AND OVERSEAS VOTERS BY NO LATER THAN THE AMOUNT OF DAYS PRIOR  TO
THE  ELECTION AS OUTLINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
10-108 OF THIS ARTICLE.  THE REPORT SHALL BE IN A FORM PRESCRIBED JOINT-
LY BY THE GOVERNOR AND ATTORNEY  GENERAL  AND  SHALL  REQUIRE  CERTIFIED
SPECIFIC  INFORMATION  ABOUT BALLOT AVAILABILITY FROM EACH UNIT OF LOCAL
GOVERNMENT WHICH WILL ADMINISTER THE ELECTION.
  4. NOT LATER THAN TWELVE DAYS BEFORE ANY REGULARLY  SCHEDULED  GENERAL
ELECTION  THE  STATE  BOARD  OF  ELECTIONS  SHALL SUBMIT A REPORT TO THE
GOVERNOR AND ATTORNEY GENERAL AND MAKE THAT  REPORT  PUBLICLY  AVAILABLE
THAT  SAME DAY, CERTIFYING WHETHER ALL ABSENTEE BALLOTS HAVE BEEN TRANS-
MITTED BY NO LATER THAN THE AMOUNT OF DAYS  PRIOR  TO  THE  ELECTION  AS
OUTLINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 10-108 OF THIS
ARTICLE TO ALL QUALIFIED ABSENT UNIFORMED SERVICES AND  OVERSEAS  VOTERS
WHOSE  REQUESTS  WERE  RECEIVED PRIOR TO SUCH DATES BEFORE THE ELECTION.
THE REPORT SHALL BE IN A FORM PRESCRIBED JOINTLY  BY  THE  GOVERNOR  AND
ATTORNEY  GENERAL AND SHALL REQUIRE CERTIFIED SPECIFIC INFORMATION ABOUT
BALLOT AVAILABILITY FROM EACH UNIT OF LOCAL GOVERNMENT WHICH WILL ADMIN-
ISTER THE ELECTION.

S. 6544                            21

  5. NOT LATER THAN NINETY DAYS AFTER THE DATE OF EACH REGULARLY  SCHED-
ULED  GENERAL  ELECTION  THE  STATE AND COUNTY BOARDS OF ELECTIONS WHICH
ADMINISTERED SUCH ELECTION SHALL SUBMIT A REPORT  TO  THE  GOVERNOR  AND
ATTORNEY  GENERAL ON THE COMBINED NUMBER OF ABSENTEE BALLOTS TRANSMITTED
TO ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS FOR THE ELECTION
AND  THE  COMBINED  NUMBER  OF  SUCH BALLOTS WHICH WERE RETURNED BY SUCH
VOTERS AND CAST IN THE ELECTION, AND SHALL MAKE SUCH REPORT AVAILABLE TO
THE GENERAL PUBLIC THAT SAME DAY.
  S 24. Section 10-108 of the election law is amended by  adding  a  new
subdivision 2-a to read as follows:
  2-A.  (A) IN THE EVENT THAT THE BOARD OF ELECTIONS IN ANY COUNTY FAILS
TO MEET THE REQUIREMENTS OF PARAGRAPH (A) OF  SUBDIVISION  ONE  OF  THIS
SECTION  THE BOARD OF ELECTIONS IN SUCH COUNTY SHALL TRANSMIT THE BALLOT
TO THE VOTER BY EXPRESS DELIVERY OR IN THE  CASE  OF  A  VOTER  WHO  HAS
DESIGNATED  THAT  ABSENTEE  BALLOTS  BE  TRANSMITTED ELECTRONICALLY, THE
BOARD OF ELECTIONS OF SUCH COUNTY SHALL TRANSMIT THE BALLOT TO THE VOTER
ELECTRONICALLY.
  (B) IF, IN CARRYING OUT THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
VISION, A COUNTY BOARD OF ELECTIONS TRANSMITS AN ABSENTEE BALLOT  TO  AN
ABSENT  UNIFORMED SERVICES VOTER OR OVERSEAS VOTER FEWER THAN SEVEN DAYS
BEFORE THE ELECTION, THE COUNTY BOARD  OF  ELECTIONS  SHALL  ENABLE  THE
BALLOT TO BE RETURNED BY THE VOTER BY EXPRESS DELIVERY.
  S  25.  Section  10-106 of the election law is amended by adding a new
subdivision 9 to read as follows:
  9. (A) IF AN APPLICATION SUBMITTED BY  AN  ABSENT  UNIFORMED  SERVICES
VOTER  OR  OVERSEAS VOTER HAS BEEN ACCEPTED AND SUCH VOTER REQUESTS THAT
THE APPLICATION BE CONSIDERED AN APPLICATION FOR AN ABSENTEE BALLOT  FOR
EACH  SUBSEQUENT  ELECTION, AN ABSENTEE BALLOT SHALL BE PROVIDED TO SUCH
VOTER FOR EACH SUBSEQUENT ELECTION.
  (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY WITH RESPECT  TO
A VOTER REGISTERED TO VOTE IN ANY ELECTION HELD AFTER THE VOTER NOTIFIES
THE  BOARD OF ELECTIONS THAT THE VOTER NO LONGER WISHES TO BE REGISTERED
TO VOTE IN THIS STATE OR SUCH COUNTY OR AFTER  THE  BOARD  OF  ELECTIONS
DETERMINES  THAT  THE  VOTER  HAS REGISTERED TO VOTE IN ANOTHER STATE OR
COUNTY OR IS OTHERWISE NO LONGER ELIGIBLE TO VOTE.
  (C) A VALID VOTER REGISTRATION APPLICATION OR ABSENTEE BALLOT APPLICA-
TION SUBMITTED BY AN ABSENT UNIFORMED SERVICES VOTER OR  OVERSEAS  VOTER
SHALL  NOT BE REFUSED ON THE GROUNDS THAT THE VOTER SUBMITTED THE APPLI-
CATION BEFORE THE FIRST DATE ON WHICH SUCH APPLICATIONS ARE ACCEPTED  OR
PROCESSED  BY  ABSENTEE  VOTERS  WHO  ARE  NOT  MEMBERS OF THE UNIFORMED
SERVICES OR OVERSEAS CITIZENS.
  S 26. Section 3-404 of the election law is amended  by  adding  a  new
subdivision 8 to read as follows:
  8.  (A)  AN  EMPLOYEE IN OR UNDER A STATE AGENCY IS ENTITLED TO LEAVE,
WITHOUT LOSS OF OR REDUCTION IN PAY, LEAVE TO WHICH OTHERWISE  ENTITLED,
CREDIT  FOR TIME OR SERVICE, OR PERFORMANCE OR EFFICIENCY RATING, NOT TO
EXCEED SIX DAYS IN A LEAVE YEAR, IN ORDER TO PROVIDE  ELECTION  ADMINIS-
TRATION  ASSISTANCE  AT  A POLLING PLACE ON THE DATE OF ANY ELECTION FOR
PUBLIC OFFICE OR TO RECEIVE ANY TRAINING  WITHOUT  WHICH  SUCH  EMPLOYEE
WOULD BE INELIGIBLE TO PROVIDE SUCH ASSISTANCE.
  (B)  THE DEPARTMENT OF CIVIL SERVICE MAY PRESCRIBE REGULATIONS FOR THE
ADMINISTRATION OF THIS SUBDIVISION, INCLUDING REGULATIONS SETTING  FORTH
THE  TERMS  AND  CONDITIONS OF THE ELECTION ADMINISTRATION ASSISTANCE AN
EMPLOYEE MAY PROVIDE FOR PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION.
  S 27. Title 4 of article 3 of the election law is amended by adding  a
new section 3-422 to read as follows:

S. 6544                            22

  S  3-422.  MODEL  POLL  WORKER TRAINING PROGRAM. 1. THE STATE BOARD OF
ELECTIONS SHALL DEVELOP AND PROVIDE TO EACH COUNTY MATERIALS FOR A MODEL
POLL WORKER TRAINING PROGRAM WHICH THE COUNTIES MAY USE TO  TRAIN  INDI-
VIDUALS TO SERVE AS POLL WORKERS IN STATE AND COUNTY ELECTIONS.
  2.  THE MATERIALS FOR THE MODEL POLL WORKER TRAINING PROGRAM DEVELOPED
UNDER THIS SECTION SHALL INCLUDE  MATERIALS  TO  PROVIDE  TRAINING  WITH
RESPECT TO THE FOLLOWING:
  (A)  THE  RELEVANT  PROVISIONS OF THE LAWS WHICH APPLY TO THE ADMINIS-
TRATION OF ELECTIONS, INCLUDING BUT NOT LIMITED TO THE VOTING RIGHTS ACT
OF 1965 AND THE HELP AMERICA VOTE ACT OF 2002;
  (B) THE PROVISION OF ACCESS TO VOTING TO INDIVIDUALS WITH DISABILITIES
IN A MANNER WHICH PRESERVES THE DIGNITY AND PRIVACY OF SUCH INDIVIDUALS;
  (C) THE PROVISION OF ACCESS TO  VOTING  TO  INDIVIDUALS  WITH  LIMITED
ENGLISH  LANGUAGE  PROFICIENCY,  AND  TO  INDIVIDUALS WHO ARE MEMBERS OF
RACIAL OR ETHNIC MINORITIES, CONSISTENT WITH  THE  PROTECTIONS  PROVIDED
FOR SUCH INDIVIDUALS UNDER RELEVANT LAW, IN A MANNER WHICH PRESERVES THE
DIGNITY OF SUCH INDIVIDUALS;
  (D)  PRACTICAL  EXPERIENCE IN THE USE OF VOTING MACHINES WHICH WILL BE
USED IN THE ELECTION INVOLVED, INCLUDING THE ACCESSIBILITY  FEATURES  OF
SUCH MACHINES; AND
  (E)  SUCH OTHER ELECTION ADMINISTRATION SUBJECTS AS THE STATE BOARD OF
ELECTIONS CONSIDERS APPROPRIATE TO ENSURE THAT POLL WORKERS ARE ABLE  TO
EFFICIENTLY ASSIST WITH THE ADMINISTRATION OF ELECTIONS.
  S  28.  Section  3-212  of the election law is amended by adding a new
subdivision 6 to read as follows:
  6. BEFORE THE STATE BOARD OF ELECTIONS OR ANY LOCAL BOARD OF ELECTIONS
MAKES ANY CHANGES IN ADMINISTRATION,  REGULATIONS,  POLICIES,  PRACTICES
AND  PROCEDURES  AFFECTING  COUNTIES  WITH  AT LEAST TEN PERCENT AFRICAN
AMERICAN, HISPANIC, ASIAN AND/OR NATIVE AMERICAN REGISTERED  VOTERS  WHO
AVERAGE  FIFTY  PERCENT OR LESS VOTER TURNOUT OVER THE PAST FIVE GENERAL
ELECTIONS AND/OR  HAVE  ANY  MINORITY  VOTER  COMPLAINTS  OR  GOVERNMENT
ENFORCEMENT  ACTIONS WITHIN THE PAST TEN YEARS, MUST SUBMIT SUCH CHANGES
TO THE  CIVIL  RIGHTS  BUREAU  OF  THE  ATTORNEY  GENERAL'S  OFFICE  FOR
APPROVAL. THIS SHALL NOT APPLY TO ANY CHANGES MADE PURSUANT TO LAW.
  S 29. The sum of five million dollars ($5,000,000) is hereby appropri-
ated  to  the  state  board  of elections out of any moneys in the state
treasury in the general  fund  to  the  credit  of  the  state  purposes
account, not otherwise appropriated, and made immediately available, for
the  purpose  of  carrying  out  the  provisions of section 3-508 of the
election law.  Such moneys shall be payable on the audit and warrant  of
the  comptroller  on vouchers certified or approved by a majority of the
commissioners of the state board of elections in the  manner  prescribed
by law.
  S  30.  This  act shall take effect immediately and shall apply to all
elections conducted in 2018  and  thereafter.  Provided,  however,  that
section  twenty-seven  of this act shall take effect one year after this
act takes effect.