S T A T E   O F   N E W   Y O R K
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                                  5382--A
                                                         Cal. No. 384
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced by M. of A. CUSICK, SEPULVEDA, LIFTON, CARROLL, GALEF, ORTIZ,
   ABINANTI, COLTON, SEAWRIGHT, RAMOS, HARRIS, SIMON, VANEL, OTIS, LUPAR-
   DO -- Multi-Sponsored by -- M. of A. BRONSON -- read once and referred
   to  the  Committee  on  Election  Law  --  ordered to a third reading,
   amended and ordered reprinted, retaining its place  on  the  order  of
   third reading
 
 AN  ACT  to  amend  the  election law, in relation to enacting the Voter
   Enfranchisement Modernization Act of 2018; in relation to establishing
   the electronic personal voter registration process
 
   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 as and may be cited as
 the "Voter Enfranchisement Modernization Act of 2018 (VEMA)".
   §  2. Declaration of Legislative Intent. The right to vote is a funda-
 mental right, the well-spring of all others, secured by the federal  and
 state constitutions. On-line forms of communication and conducting tran-
 sactions  did  not exist at the time New York's paper-based voter regis-
 tration system was enacted. In the last twenty years,  many  paper-based
 processes  have  migrated  to  on-line  processes,  including filing tax
 returns, applying for social security benefits, routine  banking  trans-
 actions, official communications and purchase transactions of all types.
 This  on-line migration has improved cost efficiency, increased accessi-
 bility and provided greater convenience to the public in many  contexts.
 The  predominantly paper-based voter registration application process in
 New York is antiquated and  must  be  supplemented  with  on-line  voter
 registration.  To remove unnecessary burdens to the fundamental right of
 the  people  to  vote,  the State Board of Elections shall establish the
 Voter Enfranchisement Modernization Program for the purpose of  increas-
 ing  opportunities for voter registration by any person who is qualified
 to be a voter under Article II of the New York State Constitution.  This
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09394-02-8

 A. 5382--A                          2
 
 effort  modernizes  voter  registration  and  supplements the methods of
 voter registration provided under current law.
   §  3. Article 5 of the election law is amended by adding a new title 8
 to read as follows:
                                TITLE VIII
              ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
 SECTION 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM.
         5-802. ONLINE VOTER REGISTRATION APPLICATION.
         5-804. FAILURE TO PROVIDE  EXEMPLAR  SIGNATURE  NOT  TO  PREVENT
                  REGISTRATION.
   § 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM. IN ADDITION
 TO  ANY  OTHER MEANS OF VOTER REGISTRATION PROVIDED FOR BY THIS CHAPTER,
 THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN  ELECTRONIC
 VOTER REGISTRATION TRANSMITTAL SYSTEM THROUGH WHICH APPLICANTS MAY APPLY
 TO  REGISTER  TO VOTE ONLINE.   THE STATE BOARD OF ELECTIONS SHALL ELEC-
 TRONICALLY  TRANSMIT  SUCH  APPLICATIONS  TO  THE  APPLICABLE  BOARD  OF
 ELECTIONS  OF EACH COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING
 AND VERIFICATION CONSISTENT WITH THIS CHAPTER. IN ACCORDANCE WITH  TECH-
 NICAL  SPECIFICATIONS  PROVIDED  BY  THE  STATE BOARD OF ELECTIONS, EACH
 BOARD OF ELECTIONS SHALL MAINTAIN A VOTER REGISTRATION SYSTEM CAPABLE OF
 RECEIVING AND PROCESSING  VOTER  REGISTRATION  APPLICATION  INFORMATION,
 INCLUDING  ELECTRONIC SIGNATURES, FROM THE ELECTRONIC VOTER REGISTRATION
 TRANSMITTAL SYSTEM ESTABLISHED BY THE STATE BOARD OF ELECTIONS. NOTWITH-
 STANDING ANY OTHER INCONSISTENT PROVISION OF THIS CHAPTER,  APPLICATIONS
 FILED  USING  SUCH  SYSTEM SHALL BE CONSIDERED FILED WITH THE APPLICABLE
 BOARD OF ELECTIONS ON THE CALENDAR DATE  THE  APPLICATION  IS  INITIALLY
 TRANSMITTED BY THE VOTER THROUGH THE ELECTRONIC VOTER REGISTRATION TRAN-
 SMITTAL SYSTEM.
   §  5-802.  ONLINE  VOTER REGISTRATION APPLICATION. 1. A VOTER SHALL BE
 ABLE TO APPLY TO REGISTER TO VOTE USING A PERSONAL ONLINE  VOTER  REGIS-
 TRATION  APPLICATION SUBMITTED THROUGH THE ELECTRONIC VOTER REGISTRATION
 TRANSMITTAL SYSTEM WHEN THE VOTER:
   (A) COMPLETES AN ELECTRONIC VOTER REGISTRATION APPLICATION PROMULGATED
 BY THE STATE BOARD OF ELECTIONS WHICH SHALL INCLUDE  ALL  OF  THE  VOTER
 REGISTRATION INFORMATION REQUIRED BY SECTION 5-210 OF THIS ARTICLE; AND
   (B)  AFFIRMS, SUBJECT TO PENALTY OF PERJURY, BY MEANS OF ELECTRONIC OR
 MANUAL SIGNATURE, THAT THE INFORMATION CONTAINED IN THE VOTER  REGISTRA-
 TION  APPLICATION IS TRUE AND THAT THE APPLICANT MEETS ALL OF THE QUALI-
 FICATIONS TO BECOME A REGISTERED VOTER; AND
   (C) CONSENTS TO THE USE OF AN  ELECTRONIC  COPY  OF  THE  INDIVIDUAL'S
 MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT OF MOTOR VEHI-
 CLES,  THE  STATE  BOARD  OF  ELECTIONS,  OR  OTHER AGENCY DESIGNATED BY
 SECTIONS 5-211 OR 5-212 OF  THIS  ARTICLE,  AS  THE  INDIVIDUAL'S  VOTER
 REGISTRATION  EXEMPLAR SIGNATURE, OR PROVIDES SUCH A SIGNATURE BY DIRECT
 UPLOAD IN A MANNER THAT COMPLIES WITH  THE  NEW  YORK  STATE  ELECTRONIC
 SIGNATURE  AND  RECORDS ACT AND THE RULES AND REGULATIONS PROMULGATED BY
 THE STATE BOARD OF ELECTIONS.
   2. THE BOARD OF ELECTIONS SHALL  PROVIDE  THE  PERSONAL  ONLINE  VOTER
 REGISTRATION  APPLICATION IN ANY LANGUAGE REQUIRED BY THE FEDERAL VOTING
 RIGHTS ACT OF 1965 (52 U.S.C. SEC. 10503) IN ANY COUNTY IN THE STATE.
   3. THE ONLINE VOTER REGISTRATION  APPLICATION  PROCESS  SHALL  PROVIDE
 REASONABLE  ACCOMMODATIONS  TO  IMPROVE  ACCESSIBILITY  FOR PERSONS WITH
 DISABILITIES, AND SHALL BE  COMPATIBLE  FOR  USE  WITH  STANDARD  ONLINE
 ACCESSIBILITY  ASSISTANCE  TOOLS  FOR  PERSONS  WITH VISUAL, PHYSICAL OR
 PERCEPTIVE DISABILITIES.

 A. 5382--A                          3
 
   4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
 FOR THE CREATION AND ADMINISTRATION  OF  AN  ONLINE  VOTER  REGISTRATION
 SYSTEM PURSUANT TO THIS SECTION.
   §  5-804.  FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
 TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT  PROVIDED  BY
 AN  APPLICANT  WHO  SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
 THIS TITLE AND SUCH SIGNATURE EXEMPLAR IS NOT OTHERWISE  AVAILABLE  FROM
 THE  STATEWIDE  VOTER  REGISTRATION DATABASE OR A STATE OR LOCAL AGENCY,
 THE LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT  THE
 APPLICATION,  PROCEED  TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
 CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL  SEND
 A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
 WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
 A  SIGNATURE  FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
 BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
 THE FOLLOWING METHODS: IN PERSON,  BY  MAIL  WITH  RETURN  POSTAGE  PAID
 PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
 UPLOAD  TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
 TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES  NOT  PROVIDE  THE  REQUIRED
 EXEMPLAR  SIGNATURE,  WHEN  THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
 ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION  INDICAT-
 ING  THE  VOTER'S  IDENTITY  HAS  NOT  YET  BEEN  VERIFIED IN THE MANNER
 PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
   § 4.  This act shall take effect on the earlier occurrence  of:    (i)
 two years after it shall have become a law; provided, however, the state
 board  of elections shall be authorized to implement necessary rules and
 regulations and to take steps required to implement this act  immediate-
 ly; or (ii) five days after the date of certification by the state board
 of  elections that the information technology infrastructure to substan-
 tially implement this act is functional.   Provided,  further  that  the
 state  board  of  elections  shall  notify the legislative bill drafting
 commission upon the occurrence  of  the  enactment  of  the  legislation
 provided  for  in  this act in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.