NY State Senate Bill 2015-S858A

Senate Bill S858A

2015-2016 Legislative Session

Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if it's a new county

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2016	print number 858a
May 06, 2016	amend and recommit to elections
Jan 06, 2016	referred to elections
Jan 07, 2015	referred to elections

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S858 - Details

See Assembly Version of this Bill:: A5598
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-208 & 8-302, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7011
2011-2012: S5236, A1230, A8633
2013-2014: S1990, A83
2017-2018: S1732, A3411, A9826
2019-2020: S1099, A775

2015-S858 - Summary

Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if the voter moves to a new county.

2015-S858 - Sponsor Memo

                                BILL NUMBER:S858

TITLE OF BILL:

An act to amend the election law, in relation to a universal
jurisdiction voting act

PURPOSE:

To increase voter participation in the election process by allowing
those who move to another county or city within the state to vote in
their new election district.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivisions 1, 4 and 8 of section 5-208 of the
election law by replacing references to "city" and "county' with "New
York State."

Section 2. Amends subparagraph (ii) of paragraph (e) of subdivision 3
of section 8-302 of the election law by replacing references to "city"
and "county" with "New York State."

Section 3. Effective date.

JUSTIFICATION:

New York State's Election Law currently only allows those citizens who
move within a city or county to vote in their new election district.
Voters who move between the five boroughs of New York City and within
any county may show up at the correct polling center and vote via
affidavit ballot. Voters who move from Brooklyn to Suffolk County,
however, are barred from voting on Election Day unless they update
their registration in time for the election.

The Universal Jurisdiction voting Act will amend New York State's
Election Law by allowing voters who move anywhere within the State to
vote at the polling center in their new election district. This
legislation would verify affidavit ballots using the Statewide voter
file to enfranchise New Yorkers who have registered but have moved and
failed to update their address with the Board of Elections in a timely
manner.

LEGISLATIVE HISTORY:

2013-14: S1990/A83 - Elections/Election Law
2011-12: S5236/A8633 - Elections/Election Law

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S858 - Bill Text download pdf

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

                                   858

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by Sens. CARLUCCI, AVELLA, HASSELL-THOMPSON, PARKER, PERKINS
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Elections

AN ACT to amend the election law, in relation to a  universal  jurisdic-
  tion voting act

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

  Section 1. Subdivisions 1, 4, and 8 of section 5-208 of  the  election
law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996,
subdivision  4  as added by chapter 659 of the laws of 1994, are amended
to read as follows:
  1. The board of elections shall transfer the registration and  enroll-
ment  of any voter for whom it receives a notice of change of address to
another address in [the same county or city] NEW YORK STATE, or for  any
voter  who  casts  a  ballot  in an affidavit ballot envelope which sets
forth such a new address.  Such notices shall include, but not be limit-
ed to, notices received from any state agency  which  conducts  a  voter
registration  program  pursuant  to the provisions of sections 5-211 and
5-212 of this title, that the voter has notified such agency of a change
of address in [the same city or county] NEW YORK STATE unless the  voter
has  indicated that such change of address is not for voter registration
purposes, notices of change of address from  the  United  States  Postal
Service  through the National Change of Address System, any notices of a
forwarding address on mail sent to a voter by the board of elections and
returned by the postal service, national  or  state  voter  registration
forms, confirmation mailing response cards, United States Postal Service
notices  to correspondents of change of address, applications for regis-
tration from persons already registered in [such  county  or  city]  NEW
YORK  STATE, or any other notices to correspondents sent to the board of
elections by such voters.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03807-01-5

S. 858                              2

  4. If such application for registration from a  voter  already  regis-
tered  in [such county or city] NEW YORK STATE also reflects a change of
enrollment, the board of elections shall treat such  application  as  an
application  for  change of enrollment pursuant to section 5-304 of this
article.
  8.  If  the  board of elections receives notice of a change of address
within [such city or county] NEW YORK STATE from, or with respect to,  a
person  who it determines is not registered in [such county or city] NEW
YORK STATE, it shall forthwith send such person a notice to that  effect
in  a  form  approved by the state board of elections at the new address
set forth in such notice of change of address,  together  with  a  voter
registration form.
  S  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by chapter  164  of  the  laws  of
2010, is amended to read as follows:
  (ii) He or she may swear to and subscribe an affidavit stating that he
or  she  has  duly  registered  to  vote,  the  address in such election
district from which he or she registered, that he or she remains a  duly
qualified  voter in such election district, that his or her registration
poll record appears to be lost or misplaced or  that  his  or  her  name
and/or  his  or  her  signature  was omitted from the computer generated
registration list or that he or she has  moved  within  [the  county  or
city]  NEW  YORK STATE since he or she last registered, the address from
which he or she was previously registered and the address at which he or
she currently resides, and at a primary election, the party in which  he
or she is enrolled. The inspectors of election shall offer such an affi-
davit  to  each  such  voter whose residence address is in such election
district.  Each such affidavit shall be in  a  form  prescribed  by  the
state  board  of  elections, shall be printed on an envelope of the size
and quality used for an absentee ballot envelope, and shall  contain  an
acknowledgment  that  the  affiant  understands that any false statement
made  therein  is  perjury  punishable  according  to  law.  Such   form
prescribed  by  the  state  board of elections shall request information
required to register such voter should the county board  determine  that
such  voter  is  not  registered  and shall constitute an application to
register to vote. The voter's name and the entries required  shall  then
be  entered  without  delay  and  without  further inquiry in the fourth
section of the challenge report or in the place provided at the  end  of
the  computer  generated  registration  list, with the notation that the
voter has executed the affidavit hereinabove  prescribed,  or,  if  such
person's  name  appears on the computer generated registration list, the
board of elections may provide a place to make such entry next to his or
her name on such list.  The voter shall then, without  further  inquiry,
be  permitted  to vote an affidavit ballot provided for by this chapter.
Such ballot shall thereupon be placed in the envelope containing his  or
her  affidavit,  and  the  envelope  sealed and returned to the board of
elections in the manner provided by this chapter for protested  official
ballots, including a statement of the number of such ballots.
  S 3. This act shall take effect immediately.

co-Sponsors

2015-S858A (ACTIVE) - Details

See Assembly Version of this Bill:: A5598
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-208 & 8-302, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7011
2011-2012: S5236, A1230, A8633
2013-2014: S1990, A83
2017-2018: S1732, A3411, A9826
2019-2020: S1099, A775

2015-S858A (ACTIVE) - Summary

Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if the voter moves to a new county.

2015-S858A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S858A

 TITLE OF BILL :  An act to amend the election law, in relation to a
universal jurisdiction voting act

 PURPOSE :

To increase voter participation in the election process by allowing
those who move to another county or city within the state to vote in
their new election district.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivisions 1, 4 and 8 of section 5-208 of the
election law by replacing references to "city" and "county' with "New
York State." A new subdivision 9 is added to chapter 659 of the laws
of 1994 to allow the state board of elections to promulgate
regulations and procedures for transferring a voter from one county to
another.

Section 2. Amends subparagraph (ii) of paragraph (e) of subdivision 3
of section 8-302 of the election law by replacing references to "city"
and "county" with "New York State."

Section 3. Effective date.

 JUSTIFICATION :

New York State's Election Law currently only allows those citizens who
move within a city or county to vote in their new election district.
Voters who move between the five boroughs of New York City and within
any county may show up at the correct polling center and vote via
affidavit ballot. Voters who move from Brooklyn to Suffolk County,
however, are barred from voting on Election Day unless they update
their registration in time for the election.

The Universal Jurisdiction voting Act will amend New York State's
Election Law by allowing voters who move anywhere within the State to
vote at the polling center in their new election district. This
legislation would verify affidavit ballots using the Statewide voter
file to enfranchise New Yorkers who have registered but have moved and
failed to update their address with the Board of Elections in a timely
manner.

 LEGISLATIVE HISTORY :

2013-14: S1990/A83 - Elections/Election Law
2011-12: S5236/A8633 - Elections/Election Law

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S858A (ACTIVE) - Bill Text download pdf

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

                                 858--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by Sens. CARLUCCI, AVELLA, HASSELL-THOMPSON, PARKER, PERKINS
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on  Elections  --  recommitted  to  the  Committee  on
  Elections  in  accordance  with  Senate  Rule  6,  sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the election law, in relation to a  universal  jurisdic-
  tion voting act

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

  Section 1. Subdivisions 1, 4, and 8 of section 5-208 of  the  election
law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996,
subdivision  4  as added by chapter 659 of the laws of 1994, are amended
and a new subdivision 9 is added to read as follows:
  1. The board of elections shall transfer the registration and  enroll-
ment of any voter APPEARING ON A STATEWIDE VOTER LIST PURSUANT TO SUBDI-
VISION  ONE  OF SECTION 5-614 OF THE ELECTION LAW for whom it receives a
notice of change of address to another address in [the  same  county  or
city]  NEW YORK STATE, or for any voter who casts a ballot in an affida-
vit ballot envelope which sets forth such a new address.   Such  notices
shall  include,  but  not be limited to, notices received from any state
agency which conducts a  voter  registration  program  pursuant  to  the
provisions of sections 5-211 and 5-212 of this title, that the voter has
notified such agency of a change of address in [the same city or county]
NEW  YORK  STATE  unless  the  voter  has  indicated that such change of
address is not for voter registration purposes,  notices  of  change  of
address  from  the  United  States  Postal  Service through the National
Change of Address System, any notices of a forwarding  address  on  mail
sent  to  a  voter  by the board of elections and returned by the postal
service, national or state voter registration forms, confirmation  mail-
ing  response cards, United States Postal Service notices to correspond-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03807-03-6

S. 858--A                           2

ents of change of address, applications for  registration  from  persons
already registered in [such county or city] NEW YORK STATE, or any other
notices to correspondents sent to the board of elections by such voters.
  4.  If  such  application for registration from a voter already regis-
tered in [such county or city] NEW YORK STATE also reflects a change  of
enrollment,  the  board  of elections shall treat such application as an
application for change of enrollment pursuant to section 5-304  of  this
article.
  8.  If  the  board of elections receives notice of a change of address
within [such city or county] NEW YORK STATE from, or with respect to,  a
person  who it determines is not registered in [such county or city] NEW
YORK STATE, it shall forthwith send such person a notice to that  effect
in  a  form  approved by the state board of elections at the new address
set forth in such notice of change of address,  together  with  a  voter
registration form.
  9. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS AS TO THE
PROCEDURES FOR TRANSFERRING A VOTER FROM ONE COUNTY TO ANOTHER.
  S  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by chapter  164  of  the  laws  of
2010, is amended to read as follows:
  (ii) He or she may swear to and subscribe an affidavit stating that he
or  she  has  duly  registered  to  vote,  the  address in such election
district from which he or she registered, that he or she remains a  duly
qualified  voter in such election district, that his or her registration
poll record appears to be lost or misplaced or  that  his  or  her  name
and/or  his  or  her  signature  was omitted from the computer generated
registration list or that he or she has  moved  within  [the  county  or
city]  NEW  YORK STATE since he or she last registered, the address from
which he or she was previously registered and the address at which he or
she currently resides, and at a primary election, the party in which  he
or she is enrolled. The inspectors of election shall offer such an affi-
davit  to  each  such  voter whose residence address is in such election
district.  Each such affidavit shall be in  a  form  prescribed  by  the
state  board  of  elections, shall be printed on an envelope of the size
and quality used for an absentee ballot envelope, and shall  contain  an
acknowledgment  that  the  affiant  understands that any false statement
made  therein  is  perjury  punishable  according  to  law.  Such   form
prescribed  by  the  state  board of elections shall request information
required to register such voter should the county board  determine  that
such  voter  is  not  registered  and shall constitute an application to
register to vote. The voter's name and the entries required  shall  then
be  entered  without  delay  and  without  further inquiry in the fourth
section of the challenge report or in the place provided at the  end  of
the  computer  generated  registration  list, with the notation that the
voter has executed the affidavit hereinabove  prescribed,  or,  if  such
person's  name  appears on the computer generated registration list, the
board of elections may provide a place to make such entry next to his or
her name on such list.  The voter shall then, without  further  inquiry,
be  permitted  to vote an affidavit ballot provided for by this chapter.
Such ballot shall thereupon be placed in the envelope containing his  or
her  affidavit,  and  the  envelope  sealed and returned to the board of
elections in the manner provided by this chapter for protested  official
ballots, including a statement of the number of such ballots.
  S 3. This act shall take effect immediately.

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Senate Bill S858A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

2015-S858 - Details

2015-S858 - Summary

2015-S858 - Sponsor Memo

2015-S858 - Bill Text download pdf

co-Sponsors

2015-S858A (ACTIVE) - Details

2015-S858A (ACTIVE) - Summary

2015-S858A (ACTIVE) - Sponsor Memo

2015-S858A (ACTIVE) - Bill Text download pdf

Comments