S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3411
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. KAVANAGH, ROSENTHAL, LUPARDO, COLTON, MOSLEY,
   ENGLEBRIGHT, FAHY, ABINANTI, ZEBROWSKI, OTIS, SIMON, ROZIC,  BRINDISI,
   JAFFEE,  BUCHWALD,  RYAN, CUSICK, PAULIN, HEVESI, SKOUFIS, DINOWITZ --
   Multi-Sponsored by -- M. of  A.  CAHILL,  FARRELL,  GOTTFRIED,  MAGEE,
   THIELE -- read once and referred to the Committee on Election Law

 AN  ACT  to  amend  the  election law, in relation to voter registration
   transfers
 
   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 THIS  ARTICLE  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-
 ents  of  change  of address, applications for registration from persons
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01566-02-7

 A. 3411                             2
 
 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.
   §  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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.