S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6839
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2017
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to the  qualifications  of
   voters; and to amend the education law, in relation to civic education
   and student voter registration

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section  5-102  of  the  election  law  is
 amended to read as follows:
   1.  No  person  shall  be  qualified  to  register for and vote at any
 election unless [he] SUCH PERSON is a citizen of the United  States  and
 is  or  will be, on the day of such election, [eighteen] SEVENTEEN years
 of age or over, and a resident of this state and of the county, city  or
 village for a minimum of thirty days next preceding such election.
   §  2.  Paragraph (g) of subdivision 5 of section 5-210 of the election
 law, as amended by chapter 179 of the laws of 2005, is amended  to  read
 as follows:
   (g)  Notice that the applicant must be a citizen of the United States,
 is or will be at least [eighteen] SEVENTEEN years  old  not  later  than
 December  thirty-first of the calendar year in which he or she registers
 and a resident of the county or city to which application is made.
   § 3. Subdivision 3 of section 8-504 of the election law, as renumbered
 by chapter 373 of the laws of 1978, is amended to read as follows:
   3. After receiving the answers as above specified, of  any  applicant,
 the  board  shall,  if  it believes the applicant to be qualified or the
 challenge is withdrawn, permit him OR HER to vote. Otherwise, the  board
 shall  point out to him OR HER the qualifications, if any, in respect of
 which he OR SHE shall appear deficient. If, after such deficiencies have
 been so indicated, the applicant shall persist in his OR  HER  claim  to
 vote,  an  inspector  shall administer to him OR HER the following oath,
 which shall be known as "The Qualification  Oath":  "You  do  swear  (or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10507-03-7

 A. 6839                             2
 
 affirm)  that  you are [eighteen] SEVENTEEN years of age, that you are a
 citizen of the United States and that you have been a resident  of  this
 state, and of this county (of the city of New York) (village) for thirty
 days  next  preceding  this  election, that you still reside at the same
 address from which you  have  been  duly  registered  in  this  election
 district,  that you have not voted at this election, and that you do not
 know of any reason why you are not qualified to vote at  this  election.
 You do further declare that you are aware that it is a crime to make any
 false statement. That all the statements you have made to the board have
 been  true and that you understand that a false statement is perjury and
 you will be guilty of a misdemeanor."
   § 4. Subdivisions 1 and 3 of section 801  of  the  education  law,  as
 amended by chapter 574 of the laws of 1997, are amended and a new subdi-
 vision 6 is added to read as follows:
   1.  In  order  to  promote a spirit of patriotic and civic service and
 obligation and to foster in the children of the state moral  and  intel-
 lectual  qualities  which  are  essential in preparing to meet the obli-
 gations of citizenship in peace or in war, the regents of The University
 of the State of New York  shall  prescribe  courses  of  instruction  in
 patriotism,  citizenship  AND  CIVICS,  and  human  rights  issues, with
 particular attention to the study of the inhumanity of genocide, slavery
 (including the freedom trail and underground railroad),  the  Holocaust,
 and  the  mass starvation in Ireland from 1845 to 1850, to be maintained
 and followed in all the schools of the state. The  boards  of  education
 and  trustees  of  the  several cities and school districts of the state
 shall require instruction to be given in such courses, by  the  teachers
 employed in the schools therein. All pupils attending such schools, over
 the  age  of eight years, shall attend upon such instruction. ALL PUPILS
 IN THE NINTH AND HIGHER GRADES SHALL  RECEIVE  CIVIC  EDUCATION  FOR  AT
 LEAST EIGHT FULL CLASS PERIODS, IN ACCORDANCE WITH THE DEPARTMENT'S 9-12
 SOCIAL STUDIES FRAMEWORK.
   Similar  courses  of instruction shall be prescribed and maintained in
 private schools in the state, and all pupils in such schools  in  grades
 or  classes  corresponding  to  the instruction in the eighth and higher
 grades of the public schools shall attend upon  such  courses.  If  such
 courses  are  not  so  established  and  maintained in a private school,
 attendance upon instruction in such school shall not be deemed  substan-
 tially  equivalent  to instruction given to pupils in the public schools
 of the city or district in which such pupils reside.
   3. The regents shall determine the subjects to  be  included  in  such
 courses  of instruction in patriotism, citizenship AND CIVICS, and human
 rights issues, with particular attention to the study of the  inhumanity
 of  genocide, slavery (including the freedom trail and underground rail-
 road), the Holocaust, and the mass starvation in Ireland  from  1845  to
 1850,  and  in  the  history,  meaning,  significance  and effect of the
 provisions of the constitution of  the  United  States,  the  amendments
 thereto,  the declaration of independence, the constitution of the state
 of New York and the amendments thereto, and the period of instruction in
 each of the grades in such subjects. They shall  adopt  rules  providing
 for  attendance  upon such instruction and for such other matters as are
 required for carrying into effect  the  objects  and  purposes  of  this
 section.  The  commissioner  shall be responsible for the enforcement of
 such section and shall cause to be inspected and supervise the  instruc-
 tion  to  be  given  in  such  subjects.  The  commissioner  may, in his
 discretion, cause all or a portion of the  public  school  money  to  be
 apportioned  to  a  district  or  city to be withheld for failure of the

 A. 6839                             3
 
 school authorities of such district or city to  provide  instruction  in
 such  courses  and to compel attendance upon such instruction, as herein
 prescribed, and for a non-compliance  with  the  rules  of  the  regents
 adopted as herein provided.
    6.  A.  THE  REGENTS,  IN  COLLABORATION  WITH  THE  STATE  BOARD  OF
 ELECTIONS, SHALL MAKE AVAILABLE TO EACH HIGH  SCHOOL  TWO  FORMS  TO  BE
 DISTRIBUTED  TO  ALL  PUPILS  WHO  SHALL BE SEVENTEEN YEARS OF AGE ON OR
 BEFORE DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH FORMS SHALL BE  DISTRIB-
 UTED ON ONE DATE BETWEEN THE SECOND AND FIFTH SCHOOL DAY IN THE MONTH OF
 JANUARY OF EACH YEAR.
   B. THE FIRST FORM TO BE DISTRIBUTED PURSUANT TO THIS SUBDIVISION SHALL
 BE  A STANDARD VOTER REGISTRATION FORM AS PRESCRIBED BY SECTION 5-210 OF
 THE ELECTION LAW. SUCH FORM SHALL BE COMPLETED FOR EACH ELIGIBLE  PUPIL,
 BY  SCHOOL ADMINISTRATORS WHO SHALL COMPLETE EACH FIELD OF THE REGISTRA-
 TION FORM EXCEPT THE FIELDS  PERTAINING  TO  CITIZENSHIP  STATUS,  PARTY
 AFFILIATION,  SIGNATURE  AND  DATE. THE CONTENT OF THE REGISTRATION FORM
 SHALL BE EXPLAINED TO ALL PUPILS  TO  WHOM  FORMS  ARE  DISTRIBUTED  AND
 PUPILS SHALL BE DIRECTED TO CORRECT ANY INCORRECT INFORMATION PREVIOUSLY
 COMPLETED BY SCHOOL ADMINISTRATORS.
   C.  THE  SECOND  FORM  TO  BE DISTRIBUTED PURSUANT TO THIS SUBDIVISION
 SHALL BE ENTITLED "VOTER REGISTRATION OPT-OUT FORM"  AND  SHALL  CONTAIN
 THE  FOLLOWING  STATEMENT: "I, THE UNDERSIGNED, DECLINE TO REGISTER AS A
 VOTER IN THE STATE OF NEW YORK AT THIS TIME,  AND  DEFER  MY  CHOICE  OF
 REGISTRATION  IN THE STATE OF NEW YORK TO A FUTURE DATE OF MY CHOOSING."
 SUCH FORM SHALL BE CREATED BY THE  REGENTS  IN  COLLABORATION  WITH  THE
 STATE BOARD OF ELECTIONS.
   D.  PUPILS  SHALL  BE  GIVEN CLASSROOM TIME TO HAVE THE OPPORTUNITY TO
 COMPLETE EITHER THE STANDARD VOTER REGISTRATION FORM OR THE VOTER REGIS-
 TRATION OPT-OUT FORM. AFTER PUPILS HAVE HAD TIME TO COMPLETE BOTH FORMS,
 SCHOOL ADMINISTRATORS SHALL COLLECT BOTH FORMS FROM ALL PUPILS  TO  WHOM
 THE  FORMS WERE DISTRIBUTED.  SCHOOL ADMINISTRATORS SHALL BE REQUIRED TO
 DISPOSE OF ALL VOTER REGISTRATION FORMS FOR  PUPILS  WHO  ELECT  TO  NOT
 REGISTER TO VOTE.
   §  5.  This  act  shall  take  effect on the same date as a concurrent
 resolution amending the constitution, entitled "CONCURRENT RESOLUTION OF
 THE SENATE AND ASSEMBLY proposing amendments to section 1 of  article  2
 of the constitution, in relation to the voting age".