S T A T E   O F   N E W   Y O R K
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                                 5972--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M. of A. KAVANAGH, CUSICK, RIVERA, MOSLEY, THIELE, GOTT-
  FRIED, JAFFEE, FAHY,  LUPARDO,  ABINANTI,  WALKER,  ROSENTHAL,  SIMON,
  SEPULVEDA,  BENEDETTO,  LINARES, QUART, OTIS, ROZIC -- Multi-Sponsored
  by -- M. of A.  ENGLEBRIGHT, GLICK, MAYER, PEOPLES-STOKES -- read once
  and referred to the Committee on Election Law --  recommitted  to  the
  Committee  on  Election Law in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the election law, in relation to enacting the "voter
  empowerment act of New York"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "voter empowerment act of New York".
  S 2. Section 5-104 of the election law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION REGARD-
ING THE RIGHT OF STUDENTS TO REGISTER AND VOTE SHALL BE INTERPRETED IN A
MANNER  CONSISTENT WITH THE CONSTITUTIONAL REQUIREMENT THAT EACH CITIZEN
MUST BE PERMITTED TO VOTE IN THAT COMMUNITY WHICH IS THE "LOCUS  OF  ...
PRIMARY CONCERN" TO THAT CITIZEN AT THE TIME OF THE ELECTION. ACCORDING-
LY,  A  STUDENT ATTENDING A COLLEGE OR UNIVERSITY IN THIS STATE SHALL BE
PERMITTED TO RETAIN HIS OR HER PARENTAL RESIDENCE FOR VOTING PURPOSES IF
THE PARENTAL COMMUNITY  REMAINS  THE  LOCUS  OF  THE  STUDENT'S  PRIMARY
CONCERN OR, IN THE ALTERNATIVE, A STUDENT SHALL BE PERMITTED TO REGISTER
AND  VOTE  FROM  HIS  OR  HER RESIDENCE WITHIN THE COLLEGE OR UNIVERSITY
COMMUNITY IF HE OR SHE REGARDS THE COLLEGE OR UNIVERSITY AS THE COMMUNI-
TY OF PRIMARY CONCERN.
  S 3. The election law is amended by adding a new section 5-200 to read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03180-15-6

              

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  S 5-200. AUTOMATIC 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 DOES NOT ELECT TO DECLINE REGISTRATION TO VOTE
AT THE POINT OF SERVICE.
  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
DOES  NOT  ELECT TO DECLINE REGISTRATION TO VOTE OR UPDATE THE REGISTRA-
TION RECORD AT THE POINT OF SERVICE 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
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 AND 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

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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
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.  EACH  SOURCE  AGENCY  SHALL  INCLUDE  FOR EACH PERSON DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION A STATEMENT THAT  HE  OR  SHE  SHALL  BE
REGISTERED TO VOTE, IF HE OR SHE IS NOT ALREADY SO REGISTERED, PROVIDED,
HOWEVER,  THAT EACH SOURCE AGENCY SHALL PROVIDE EACH PERSON DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION THE  OPPORTUNITY  TO  ELECT  TO  DECLINE
REGISTRATION TO VOTE AT THE POINT OF SERVICE, AND UPON SUCH ELECTION, HE
OR  SHE  SHALL  NOT  BE REGISTERED TO VOTE PURSUANT TO THE PROCEDURES IN
THIS SECTION AT THAT TIME.
  7. 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.
  8. 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

A. 5972--A                          4

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.
  9. 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.
  10. 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.
  S 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
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] STATE, or for any voter who
[casts]  SUBMITS  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 OR WHICH TRANSMIT INFORMATION, that  the  voter  has
notified such agency of a change of address in the [same city or county]
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 registration from persons  already  registered
[in such county or city], or any other notices to correspondents sent to
the board of elections by such voters.
  6.  If a notice sent pursuant to [subdivision five of] this section is
returned [by the postal service] as undeliverable and without a forward-
ing address, the board of elections shall  return  the  registration  of
such  voter  to  the  original  address,  send such voter a confirmation
notice pursuant to the provisions of subdivision one of section 5-712 of
this [title] ARTICLE and place such voter in inactive status.
  S 5. Subdivision 3 of section 5-208 of the election law, as  added  by
chapter 659 of the laws of 1994, is amended to read as follows:
  3.  If  such  a notice is received at least [twenty] TEN days before a
primary, special or general election, such change  of  address  must  be
completed  before  such  election.  IF  SUCH A NOTICE IS NOT RECEIVED AT
LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR  GENERAL  ELECTION,  THEN  A
VOTER  MAY  VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF SECTION 8-302
OF THIS CHAPTER.

A. 5972--A                          5

  S 6. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1.  The  board  of elections, between August first and August fifth of
each year, shall send by first class mail on which is endorsed  "ADDRESS
CORRECTION  REQUESTED"  and  which contains a request that any such mail
received for persons not residing at the address be dropped back in  the
mail,  a  communication,  in  a  form  approved  by  the  state board of
elections, to every registered voter who has been registered  without  a
change  of  address  since  the  beginning of such year, except that the
board of elections shall not be required to send such communications  to
voters  in  inactive status. The communication shall notify the voter of
the days and hours of the ensuing primary  and  general  elections,  the
place  where  he  appears  by his registration records to be entitled to
vote, the fact that voters who have moved or will have  moved  from  the
address  where  they  were last registered must [re-register or, that if
such move was to another address in the same county or city,  that  such
voter  may]  either  notify the board of elections of his new address or
vote by paper ballot at the polling place for his new  address  even  if
such  voter  has  not  re-registered, or otherwise notified the board of
elections of the change of address. If the location of the polling place
for the voter's election district  has  been  moved,  the  communication
shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
indicate whether the polling place is accessible to physically  disabled
voters, that a voter who will be out of the city or county on the day of
the  primary  or  general  election  or a voter who is ill or physically
disabled may obtain an absentee ballot, that a physically disabled voter
whose polling place is not accessible may request that his  registration
record  be moved to an election district which has a polling place which
is accessible, the phone number to  call  for  applications  to  move  a
registration  record  or  for  absentee  ballot  applications, the phone
number to call for the location of registration and polling places,  the
phone  number  to call to indicate that the voter is willing to serve on
election day as an election inspector, poll  clerk,  interpreter  or  in
other  capacities, the phone number to call to obtain an application for
registration  by  mail,  and  such  other  information  concerning   the
elections  or  registration as the board may include. In lieu of sending
such communication to every registered voter, the board of elections may
send a single communication to a  household  containing  more  than  one
registered  voter,  provided that the names of all such voters appear as
part of the address on such communication.
  S 7. Paragraph (a) of subdivision 1 of section 5-400 of  the  election
law,  as  amended by chapter 659 of the laws of 1994, is amended to read
as follows:
  (a) Moved his OR HER residence outside the [city or county in which he
is registered] STATE.
  S 8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400  of
the  election  law,  paragraphs  (b)  and (d) as added by section 20 and
paragraph (c) as added and paragraph (d) as relettered by section 22  of
chapter 659 of the laws of 1994, are amended to read as follows:
  (b)  A  notice that the registrant has moved to an address outside the
[city or county] STATE which is signed by the registrant and sent to the
board of elections.
  (c) A notice signed by the registrant which states  that  such  regis-
trant  has  moved  to  an address outside the [city or county] STATE and
that such change of address is for voter registration purposes.

A. 5972--A                          6

  (d) A notice from a board of elections  or  other  voter  registration
officer  or  agency  that  such  person  has  registered to vote from an
address outside [such city or county] THE STATE.
  S 9. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 255 of the laws of 2015, is amended to read as follows:
  3.  Completed  application  forms,  when  received  by  any  board  of
elections and, with respect to  application  forms  promulgated  by  the
federal  election  commission,  when  received  by  the  state  board of
elections, or showing a dated cancellation mark  of  the  United  States
Postal  Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the [twenty-fifth] TENTH day  before
the  next  ensuing primary, general or special election, and received no
later than the [twentieth] FIFTH day before such election, or  delivered
in person to such board of elections not later than the tenth day before
a  special  election,  shall  entitle  the  applicant  to  vote  in such
election, if he or she is otherwise qualified, provided,  however,  such
applicant  shall  not vote on a voting machine until his or her identity
is verified. Any board of elections receiving an application form from a
person who does not reside in its jurisdiction but who does reside else-
where in the state of New York, shall forthwith forward such application
form to the proper board of elections. Each  board  of  elections  shall
make  an  entry  on  each  such  form of the date it is received by such
board.
  S 10. 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
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

A. 5972--A                          7

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.
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), (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  11. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
as amended by chapter 179 of the laws of 2005, are amended  to  read  as
follows:
  9. The county board of elections shall, promptly and in any event, not
later than twenty-one days after receipt by it of the application, veri-
fy  the  identity  of  the  applicant, EXCEPT IF SUCH BOARD RECEIVES THE
APPLICATION WITHIN TWENTY-ONE DAYS OF  A  SPECIAL,  PRIMARY  OR  GENERAL
ELECTION,  THE  BOARD  SHALL VERIFY THE IDENTITY OF THE APPLICANT WITHIN
FIVE DAYS OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER.  In  order
to  do  so,  the county board of elections shall utilize the information
provided in the application and shall attempt to verify such information

A. 5972--A                          8

with the information provided  by  the  department  of  motor  vehicles,
social  security  administration and any other lawful available informa-
tion source. If the county board of elections is unable  to  verify  the
identity  of  the applicant within twenty-one days of the receipt of the
application, it shall immediately take steps to confirm that the  infor-
mation  provided by the applicant was accurately utilized by such county
board of elections,  was  accurately  verified  with  other  information
sources  and  that  no data entry error, or other similar type of error,
occurred. Following completion of the preceding steps, the county  board
of  elections  shall  mail (a) a notice of its approval, (b) a notice of
its approval which includes an indication that such board  has  not  yet
been able to verify the identity of the applicant and a request for more
information  so that such verification may be completed, or (c) a notice
of its rejection of the application to the applicant in a form  approved
by  the  state  board  of  elections.  Notices  of  approval, notices of
approval with requests for more  information  or  notices  of  rejection
shall be sent by nonforwardable first class or return postage guaranteed
mail  on  which  is  endorsed  "ADDRESS  CORRECTION REQUESTED" and which
contains a request that any such mail received for persons not  residing
at the address be dropped back in the mail. The voter's registration and
enrollment  shall  be  complete  upon  receipt of the application by the
appropriate county board of elections. The failure of a county board  of
elections  to  verify an applicant's identity shall not be the basis for
the rejection of a voter's application,  provided,  however,  that  such
verification  failure  shall  be the basis for requiring county board of
elections to take the additional verification  steps  provided  by  this
chapter.  The  notice  shall also advise the registrant of the date when
his registration and enrollment is effective, of the date and the  hours
of  the next regularly scheduled primary or general election in which he
will be eligible to vote, of the location of the polling  place  of  the
election  district  in which he is or will be a qualified voter, whether
such polling place is accessible to physically  handicapped  voters,  an
indication  that  physically handicapped voters or voters who are ill or
voters who will be out of the city or county on the day of  the  primary
or  general election, may obtain an absentee ballot and the phone number
to call for absentee ballot applications, the phone numbers to call  for
location  of  polling places, to obtain registration forms and the phone
number to call to indicate  that  the  voter  is  willing  to  serve  on
election  day  as an inspector, poll clerk or interpreter. The notice of
approval, notice of approval with request for more information or notice
of rejection shall also advise the applicant  to  notify  the  board  of
elections if there is any inaccuracy. The form of such mail notification
shall  be  prescribed  by the state board of elections and shall contain
such other information and instructions as it may reasonably require  to
carry out the purposes of this section. The request for more information
shall  inform  the  voter  that  "THE  FAILURE  TO  CONTACT THE BOARD OF
ELECTIONS AND CORRECT ANY INACCURACIES IN  THE  APPLICATION  OR  PROVIDE
REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
TION  AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such
notice is returned undelivered without a new address,  the  board  shall
forthwith  send  such  applicant  a  confirmation notice pursuant to the
provisions of section 5-712 of this article and place such applicant  in
inactive  status.  The  state  board  of elections shall prepare uniform
notices by this section as provided for in subdivision eight of  section
3-102 of this chapter.

A. 5972--A                          9

  11. If the county board of elections suspects or believes that for any
reason  the applicant is not entitled to registration and enrollment, it
shall make inquiry in reference thereto. If the board of elections shall
find that the applicant is not qualified to  register  and  enroll,  the
application  shall  be  rejected  and  the  applicant  notified  of such
rejection and the reason therefor, no later than ten days before the day
of the first primary or general election  occurring  at  least  [twenty-
five]  TEN  days after the filing of the application, EXCEPT THAT IF THE
APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN  DAYS  BEFORE  THE
DAY  OF  THE  FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTIFY
THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  14. Notwithstanding the entry by the county board of elections on  the
registration  poll record of the information contained on an application
form prescribed by this section, such entry shall not preclude the coun-
ty board of elections from subsequently rejecting the application if  it
is  not  satisfied that the applicant is entitled to register and enroll
as provided by this section, provided that the applicant is notified  of
such  rejection  and  reasons therefor no later than ten days before the
day of the first primary or general election occurring at  least  [twen-
ty-five] TEN days after the filing of such application form, EXCEPT THAT
IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
  S  12.  The  opening  paragraph  and subdivisions 11 and 12 of section
5-211 of the election law, the opening paragraph as amended  by  chapter
265 of the laws of 2013, subdivision 11 as amended by chapter 200 of the
laws  of  1996 and subdivision 12 as added by chapter 659 of the laws of
1994, are amended to read as follows:
  Each agency designated as a participating agency under the  provisions
of this section shall implement and administer a program of distribution
of  voter registration forms pursuant to the provisions of this section.
The following offices which provide  public  assistance  and/or  provide
state funded programs primarily engaged in providing services to persons
with  disabilities are hereby designated as voter registration agencies:
designated as the state agencies which provide public assistance are the
office of children and family services,  the  office  of  temporary  and
disability  assistance  and the department of health. Also designated as
public assistance agencies are all agencies  of  local  government  that
provide  such  assistance.  Designated  as  state  agencies that provide
programs primarily engaged in providing services to people with disabil-
ities are the department of labor, office for  the  aging,  division  of
veterans'  affairs,  office  of  mental health, office of vocational and
educational services for individuals with  disabilities,  commission  on
quality of care for the mentally disabled, office [of mental retardation
and]  FOR  PEOPLE  WITH  developmental  disabilities, commission for the
blind, office of alcoholism and substance abuse services, the office  of
the  advocate for the disabled and all offices which administer programs
established or funded by  such  agencies.  Additional  [state]  agencies
designated  as  voter  registration  offices are the department of state
[and], the division of workers' compensation, THE  STATE  UNIVERSITY  OF
NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK, ALL PUBLIC HOUSING AUTHORI-
TIES LISTED IN ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW,  THE  DEPART-
MENT  OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE NEW YORK DIVISION
OF MILITARY AND NAVAL AFFAIRS. Such agencies shall be required to  offer
voter  registration  forms  to AND PROVIDE FOR AUTOMATIC VOTER REGISTRA-
TION, PURSUANT TO SECTION 5-200 OF THIS TITLE, FOR persons upon  initial

A. 5972--A                         10

application  for  services,  renewal or recertification for services and
change of address relating to such services. Such agencies shall also be
responsible for providing assistance to applicants in  completing  voter
registration forms, receiving and transmitting the completed application
form  from  all applicants who wish to have such form transmitted to the
appropriate board of elections. The  state  board  of  elections  shall,
together  with representatives of the department of defense, develop and
implement procedures for including  recruitment  offices  of  the  armed
forces  of  the  United  States  as voter registration offices when such
offices are so designated by federal law. The  state  board  shall  also
make request of the United States Immigration and Naturalization Service
to  include  applications  for  registration  by mail with any materials
which are given to new citizens. [All institutions of the state  univer-
sity  of  New  York  and  the city university of New York, shall, at the
beginning of the school year, and again in January of a  year  in  which
the president of the United States is to be elected, provide an applica-
tion  for  registration  to  each student in each such institution.] The
state board of elections may, by regulation, grant a waiver from any  or
all  of  the requirements of this section to any office or program of an
agency, if it determines that it is not  feasible  for  such  office  or
program to administer such requirement.
  11.  The  participating  agency shall transmit [the completed applica-
tions for registration and change  of  address  forms]  ALL  INFORMATION
COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE to the appropriate
board of elections not later than ten days after receipt except that all
such completed applications and forms received by the agency between the
thirtieth and twenty-fifth day before an election shall  be  transmitted
in such manner and at such time as to assure their receipt by such board
of elections not later than the twentieth day before such election.
  12.  [Completed  application  forms,  when  received]  ALL INFORMATION
COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  by  a  participating
agency  not  later  than  the  twenty-fifth  day before the next ensuing
primary, general or special election and transmitted by such  agency  to
the  appropriate  board  of  elections so that they are received by such
board not later than the twentieth day before such election shall  enti-
tle the applicant to vote in such election provided the board determines
that the applicant is otherwise qualified.
  S  13. Subdivisions 11 and 12 of section 5-211 of the election law, as
amended by section twelve of this act, are amended to read as follows:
  11. The participating agency shall transmit all information  collected
pursuant  to  section  5-200  of  this title to the appropriate board of
elections not later than ten days after receipt  except  that  all  such
completed  applications  and  forms  received  by the agency between the
[thirtieth] FIFTEENTH and [twenty-fifth] TENTH day  before  an  election
shall  be transmitted in such manner and at such time as to assure their
receipt by such board of elections not later than the [twentieth]  FIFTH
day before such election.
  12.  All information collected pursuant to section 5-200 of this title
by a participating agency not later than the  [twenty-fifth]  TENTH  day
before  the next ensuing primary, general or special election and trans-
mitted by such agency to the appropriate board of elections so that they
are received by such board not later  than  the  [twentieth]  FIFTH  day
before  such  election  shall  entitle  the  applicant  to  vote in such
election provided the board determines that the applicant  is  otherwise
qualified.

A. 5972--A                         11

  S  14. Subdivision 14 of section 5-211 of the election law, as amended
by chapter 200 of the laws of 1996, is amended and two new  subdivisions
18 and 19 are added to read as follows:
  14.  Applications  shall be processed by the board of elections in the
manner prescribed by [section] SECTIONS 5-200 AND 5-210  of  this  title
or,  if the applicant is already registered to vote from another address
in the county or city, in the manner prescribed by section 5-208 of this
title.   The board shall send the  appropriate  notice  of  approval  or
rejection  as  required by either subdivision nine of such section 5-210
or subdivision five of such section 5-208.
  18. ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED  IN
THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS
ELIGIBLE  TO  REGISTER  OR  PRE-REGISTER  TO VOTE UNDER PARAGRAPH (G) OF
SUBDIVISION FIVE OF SECTION 5-210 OF THIS TITLE IN THE SAME  MANNER  AND
SUBJECT  TO  THE  SAME PROVISIONS AND RULES AND REGULATIONS AS ALL OTHER
DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
TY OR PUBLIC SCHOOL DISTRICT THAT  IS  NOT  OTHERWISE  DESIGNATED  AS  A
SOURCE  AGENCY  PURSUANT  TO  SECTION  5-200  OF THIS TITLE SHALL NOT BE
REQUIRED TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'S  DECLINATION
TO  REGISTER  TO VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS SECTION, OR
TO CONDUCT A STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION  SEVEN-
TEEN OF THIS SECTION.
  19.  THE STATE BOARD OF ELECTIONS OR, IN THE CITY OF NEW YORK, THE NEW
YORK CITY BOARD OF ELECTIONS, SHALL PROVIDE TO PUBLIC COLLEGES,  UNIVER-
SITIES, AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGIS-
TRATION  APPLICATIONS THAT IDENTIFY EACH SUCH APPLICATION AS ORIGINATING
FROM EITHER A PUBLIC COLLEGE, UNIVERSITY, OR SCHOOL DISTRICT. THE  STATE
BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO EACH COLLEGE, UNIVERSI-
TY, OR SCHOOL DISTRICT COVERED BY THIS CHAPTER, EXCEPT THAT THE NEW YORK
CITY  BOARD  OF  ELECTIONS  SHALL PROVIDE AND DELIVER SUCH FORMS TO EACH
PARTICIPATING PUBLIC UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT LOCATED  IN
THE  CITY OF NEW YORK. EVERY BOARD OF ELECTIONS SCANNING VOTER REGISTRA-
TION FORMS SHALL CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND  REPORT
THEM ON A MONTHLY BASIS TO THE STATE BOARD OF ELECTIONS WHICH SHALL MAKE
SUCH DETAILED INFORMATION AVAILABLE TO THE PUBLIC.
  S  15.  Subdivisions  6  and  7  of section 5-212 of the election law,
subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
sion 7 as added by chapter 659 of the laws of 1994, are amended to  read
as follows:
  6.  The  department  of motor vehicles shall transmit [that portion of
the form which constitutes the completed application for registration or
change of address form] ALL INFORMATION COLLECTED  PURSUANT  TO  SECTION
5-200 OF THIS TITLE to the appropriate board of elections not later than
ten  days  after receipt except that all such completed applications and
forms received by the department between the thirtieth and  twenty-fifth
day  before  an election shall be transmitted in such manner and at such
time as to assure their receipt by such board  of  elections  not  later
than  the  twentieth  day before such election.   All transmittals shall
include original signatures OR AN ELECTRONIC IMAGE THEREOF  AS  REQUIRED
BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS TITLE.
  7.  [Completed  application  forms received] ALL INFORMATION COLLECTED
PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
cles not later than the twenty-fifth day before the next ensuing  prima-
ry,  general  or  special election and transmitted by such department to
the appropriate board of elections so that they are received  not  later

A. 5972--A                         12

than  the twentieth day before such election shall entitle the applicant
to vote in such election provided the board determines that  the  appli-
cant is otherwise qualified.
  S  16.  Subdivisions  6 and 7 of section 5-212 of the election law, as
amended by section fifteen of this act, are amended to read as follows:
  6. The department of motor vehicles  shall  transmit  all  information
collected  pursuant  to  section  5-200 of this title to the appropriate
board of elections not later than ten days after receipt except that all
such completed applications and forms received by the department between
the  [thirtieth]  FIFTEENTH  and  [twenty-fifth]  TENTH  day  before  an
election  shall  be  transmitted  in  such manner and at such time as to
assure their receipt by such board  of  elections  not  later  than  the
[twentieth]  FIFTH  day  before  such election.   All transmittals shall
include original signatures or an electronic image thereof  as  required
by subdivision four of section 5-200 of this title.
  7.  All  information collected pursuant to section 5-200 of this title
by the department of motor vehicles not later  than  the  [twenty-fifth]
TENTH  day  before the next ensuing primary, general or special election
and transmitted by such department to the appropriate board of elections
so that they are received not  later  than  the  [twentieth]  FIFTH  day
before  such  election  shall  entitle  the  applicant  to  vote in such
election provided the board determines that the applicant  is  otherwise
qualified.
  S  17.  Subdivision 3 of section 5-213 of the election law, as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  3. The board of elections shall restore the registration of  any  such
voter  to  active  status  if such voter notifies the board of elections
that he resides at the address from which he is registered, or the board
finds that such voter has validly signed  a  designating  or  nominating
petition  which states that he resides at such address, or if such voter
casts a ballot in an affidavit envelope which states that he resides  at
such  address, or if the board receives notice that such voter has voted
in an election conducted with registration lists  prepared  pursuant  to
the  provisions of section 5-612 of this article.  If any such notifica-
tion or information is received [twenty]  TEN  days  or  more  before  a
primary,  special or general election, the voter's name must be restored
to active status for such election.
  S 18. Subdivision 3 of section 5-304 of the election law,  as  amended
by chapter 90 of the laws of 1991, is amended to read as follows:
  3.  A change of enrollment received by the board of elections, SHOWING
A DATED CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL  SERVICE  OR
CONTAINED  IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS DATED,
not later than the twenty-fifth day before the [general  election  shall
be deposited in a sealed enrollment box, which shall not be opened until
the  first  Tuesday  following  such  general  election.  Such change of
enrollment shall be then removed and entered as provided in  this  arti-
cle]  NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED NO
LATER THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON  TO
SUCH  COUNTY  BOARD  OF  ELECTIONS NOT LATER THAN THE TENTH DAY BEFORE A
PRIMARY, GENERAL OR  SPECIAL  ELECTION,  SHALL  BE  EFFECTIVE  FOR  SUCH
ELECTION.  ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED IN THIS ARTI-
CLE AND SHALL BE DEEMED TO TAKE EFFECT  ON  THE  TENTH  DAY  AFTER  SUCH
CHANGE  OF  ENROLLMENT  IS  RECEIVED BY THE BOARD OF ELECTIONS OR IF THE
CHANGE OF ENROLLMENT, OR THE  ENVELOPE  CONTAINING  IT,  BEARS  A  DATED
CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL
BE ENTERED AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE

A. 5972--A                         13

DATE OF SUCH MARK, WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE
EFFECT  SOONER  THAN  THE  FIFTH DAY AFTER THE RECEIPT OF SUCH CHANGE OF
ENROLLMENT BY THE BOARD OF ELECTIONS.
  S  19.  The  opening  paragraph  of  paragraph (e) of subdivision 3 of
section 8-302 of the election law, as amended by chapter 125 of the laws
of 2011, is amended to read as follows:
  Whenever a voter presents himself or herself  and  offers  to  cast  a
ballot,  and  he or she claims to live in the election district in which
he or she seeks to vote but no registration poll record can be found for
him or her in the poll ledger or his or her name does not appear on  the
computer  generated  registration  list or his or her signature does not
appear next to his or her name on such computer  generated  registration
list  or  his  or her registration poll record or the computer generated
registration list does not show him or her to be enrolled in  the  party
in  which he or she claims to be enrolled AND THE VOTER IS NOT OTHERWISE
ELIGIBLE TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D  OF
THIS  SECTION,  a  poll clerk or election inspector shall consult a map,
street finder or other description of all  of  the  polling  places  and
election  districts  within  the  political  subdivision  in  which said
election district is located and if  necessary,  contact  the  board  of
elections to obtain the relevant information and advise the voter of the
correct  polling  place  and election district for the residence address
provided by the voter to such poll clerk or election  inspector.  There-
after,  such  voter shall be permitted to vote in said election district
only as hereinafter provided:
  S 20. Section 8-302 of the election law is amended  by  adding  a  new
subdivision 3-d to read as follows:
  3-D.  A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND OR
WHOSE INFORMATION IS INCOMPLETE OR  INCORRECT  ON  THE  STATEWIDE  VOTER
REGISTRATION  LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH A
SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
TER AND CONSENTED TO VOTER REGISTRATION SHALL BE PERMITTED  TO  CAST  AN
AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
ING  PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF REGIS-
TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
SION TWO OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS  NO  AFFIRMATIVE
PROOF  THAT  THE  PERSON  IS  INELIGIBLE TO REGISTER TO VOTE OR THAT THE
PERSON DID NOT REGISTER OR PERFORM ANY OF THE  ACTIVITIES  SPECIFIED  IN
SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
  (A)  A  PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT STATING THAT
THE PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES  IN
SUBDIVISION  TWO  OF  SECTION 5-200 OF THIS CHAPTER AND CONSENTED TO USE
AGENCY INFORMATION FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT  SHALL  BE
SUFFICIENT  EVIDENCE  OF  REGISTERING  TO  VOTE OR PERFORMING ANY OF THE
ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
FOR THE PURPOSES OF THIS SECTION.
  (B) A PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE  TO  AN
AFFIDAVIT  STATING  THAT THE PERSON DID NOT PRESENT DOCUMENTARY PROOF OF
IDENTITY, BUT THAT ALL OF THE IDENTIFYING INFORMATION ON  THE  AFFIDAVIT
BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
THIS  SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF SUBDIVI-
SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
THE FEDERAL HELP AMERICA VOTE ACT.

A. 5972--A                         14

  S 21. 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.  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
registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
PUBLIC WEBSITE ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE  BOARD  OF
ELECTIONS  AND  THROUGH  A  TOLL-FREE TELEPHONE NUMBER MAINTAINED BY THE
STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
  A. ALLOW ANY VOTER:
  (I) TO REVIEW THE VOTER REGISTRATION INFORMATION  REPRESENTED  ON  THE
STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
  (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
VOTER  REGISTRATION  INFORMATION,  WHICH SHALL BE SENT TO THE APPLICABLE
COUNTY BOARD OF ELECTIONS; AND
  (III) TO DETERMINE THE LOCATION OF THE  POLLING  PLACE  TO  WHICH  THE
VOTER IS ASSIGNED;
  B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
  (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
RESIDENTIAL ADDRESS WITHIN THE STATE; AND
  (II)  TO  DETERMINE  WHETHER HE OR SHE IS REPRESENTED ON THE STATEWIDE
VOTER REGISTRATION LIST; AND
  C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
WHO IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO  VIEW
THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
ARTICLE  AND  TO  CONFIDENTIALLY SUBMIT, THROUGH THE INTERFACE, THE DATA
COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
RECEIPT OF SUCH DATA, THE STATE BOARD OF  ELECTIONS  SHALL  FORWARD  THE
INFORMATION  TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY WHERE
THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
SUBMITTED BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT  TO
THE  REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF 2002
(42 U.S.C. S 15483(B)), EXCEPT THAT THE ABSENCE OF A  WRITTEN  SIGNATURE
SHALL  NOT  RENDER  THE APPLICATION INCOMPLETE OR OTHERWISE PRECLUDE THE
REGISTRATION OF AN ELIGIBLE CITIZEN.
  FOR ANY ELIGIBLE CITIZEN ATTEMPTING  TO  USE  THE  SYSTEM  ESTABLISHED
UNDER  THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE PROCESSED
AS VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE  CITIZEN
AT  THE  TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE EFFECT FOR
THE PROXIMATE ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE  THE  SYSTEM
ESTABLISHED  UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER REGISTRA-
TION INFORMATION UNDER THIS SECTION, THE SYSTEM  MUST  ALSO  NOTIFY  THE
CITIZEN  THAT  HE  OR SHE MAY USE THE ELECTION-DAY PROCEDURE PROVIDED IN
SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
  THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN  ELIGIBLE
CITIZEN  WHO  SUBMITS  AN  APPLICATION  PURSUANT TO THIS SUBDIVISION AND
WHOSE APPLICATION LACKS AN ELECTRONIC SIGNATURE TO PROVIDE  A  SIGNATURE
AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
BEFORE VOTING. THE BOARD OF ELECTIONS 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.
  S 22. Subdivision 3 of section 8-510 of the election law,  as  amended
by chapter 43 of the laws of 1988, is amended to read as follows:

A. 5972--A                         15

  3.  The  inspectors  shall place such completed report, and each court
order, if any, directing that a person be permitted to  vote,  AND  EACH
AFFIDAVIT  COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302 OF
THIS ARTICLE, inside a ledger of registration records or computer gener-
ated registration lists between the front cover, and the first registra-
tion  record  and  then shall close and seal each ledger of registration
records or computer generated registration lists, affix their  signature
to  the  seal,  lock such ledger in the carrying case furnished for that
purpose and enclose the keys in a sealed package or seal  such  list  in
the envelope provided for that purpose.
  S  23.  The  election law is amended by adding a new section 17-138 to
read as follows:
  S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER  COLOR
OF  ANY  PROVISION  OF  LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION  PURPOSES,
A  PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE  FROM  THE  STATEWIDE
VOTER  REGISTRATION  LIST  EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
ENFORCE ELECTION LAWS.
  S 24. Subdivision 1 of section 3-220 of the election law,  as  amended
by chapter 104 of the laws of 2010, is amended to read as follows:
  1.  All  registration  records,  certificates,  lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of  the  board
of elections or its employees and subject to such reasonable regulations
as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
RECORD  OPEN  TO  PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANSMISSION
AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR  PUBLIC
INSPECTION:
  (A) ANY VOTER'S SIGNATURE;
  (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
  (C) ANY PORTION OF a voter's driver's license number,  [department  of
motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
security number and facsimile number [shall not be released  for  public
inspection];
  (D) ANY VOTER'S TELEPHONE NUMBER; AND
  (E)  ANY  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
any time by any person other than a member of a  registration  board  or
board  of  inspectors  of  elections  or  board  of  elections except as
provided by rules imposed by the board of elections.
  S 25. Subdivision 4 of section 3-212 of the election law is amended by
adding two new paragraphs (c) and (d) to read as follows:
  (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
SION, SHALL ALSO INCLUDE:
  (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
BY SOURCE;
  (2)  THE  NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP-
TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE  TO
VOTE;
  (3)  THE  NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
VOTER REGISTRATION;

A. 5972--A                         16

  (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER  REGISTRATION  FORMS  AND/OR
REQUESTS  TO  UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
  (5)  THE  NUMBER  OF VOTERS WHO CORRECT VOTER REGISTRATION INFORMATION
USING THE ELECTION-DAY PROCEDURE DESCRIBED  IN  SECTION  8-302  OF  THIS
CHAPTER.
  (D)  SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION, SHALL EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY  IDENTIFIES  ANY
PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
  S  26.  Section  17-104  of  the  election  law  is amended to read as
follows:
  S 17-104. False registration. 1. Any person who:
  [1.] (A) Registers or attempts to register as an elector in more  than
one  election  district  for the same election, or more than once in the
same election district; or,
  [2.] (B) Registers or attempts to register as an elector, knowing that
he will not be a qualified voter in the district  at  the  election  for
which such registration is made; or
  [3.]  (C)  Registers  or  attempts to register as an elector under any
name but his OR HER own; or
  [4.] (D)  Knowingly  gives  a  false  residence  within  the  election
district when registering as an elector; or
  [5.]  (E)  Knowingly permits, aids, assists, abets, procures, commands
or advises another to commit any such act, is guilty of a felony.
  2. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER,  NO  PERSON
SHALL  BE  LIABLE  FOR AN ERROR IN THE STATEWIDE VOTER REGISTRATION LIST
UNLESS SUCH PERSON KNOWINGLY AND WILLFULLY MAKES A  FALSE  STATEMENT  IN
ORDER  TO  EFFECTUATE  OR PERPETUATE VOTER REGISTRATION. AN ERROR IN THE
STATEWIDE VOTER REGISTRATION LIST SHALL NOT CONSTITUTE A  FRAUDULENT  OR
FALSE CLAIM TO CITIZENSHIP.
  S  27.  Subdivision 17 of section 3-102 of the election law, as renum-
bered by chapter 23 of the laws of 2005, is  renumbered  subdivision  21
and  four  new  subdivisions  17,  18,  19  and  20 are added to read as
follows:
  17. ENSURE THAT, UPON RECEIPT AND VERIFICATION OF A  PERSON'S  EXPRESS
REQUEST  TO  OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME AND REGIS-
TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
TRATION LISTS;
  18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
PERSON WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART,  TO
ANY  THIRD  PARTY  FOR  ANY PURPOSE OTHER THAN THE COMPILATION OF A JURY
LIST;
  19. PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING  EACH
CLASS  OF  USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
REGISTRATION LIST AND TO ANY LIST PROVIDED BY A SOURCE  AGENCY  OR  LIST
MAINTENANCE  SOURCE,  AND  SETTING FORTH OTHER SAFEGUARDS TO PROTECT THE
PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
TION LIST;
  20. PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF  TRANSFER
OF ADDRESS BY ELECTRONIC MAIL; AND
  S  28. This act shall take effect immediately; provided, however, that
sections two, three, four, six, seven,  eight,  ten,  twelve,  fourteen,
fifteen,  nineteen,  twenty, twenty-one, twenty-two, and twenty-three of
this act shall take  effect  January  1,  2017;  provided  further  that
sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen

A. 5972--A                         17

of this act shall take effect January 1, 2018.   Effective  immediately,
any  rules,  regulations  and  agreements  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.