NY State Senate Bill 2017-S1369

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
Jan 03, 2018	referred to elections
Jan 09, 2017	referred to elections

co-Sponsors

2017-S1369 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-212 & 5-500, add §5-507, El L
Versions Introduced in 2015-2016 Legislative Session:: S6075

2017-S1369 (ACTIVE) - Summary

Establishes automatic voter registration through the department of motor vehicles; provides for voter pre-registration and education on voter pre-registration for certain persons who are at least sixteen years of age.

2017-S1369 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1369

 TITLE OF BILL :  An act to amend the election law, in relation to
establishing automatic voter registration and voter pre-registration

 PURPOSE :

The purpose of this bill is to establish automatic voter registration,
voter pre-registration and voter preregistration and education.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivisions 1, 14 and 15 of section 5-212 of the
election law, as added by chapter 659 of the laws of 1994 to expand
methods of voter registration to include the department of motor
vehicles providing the appropriate board of elections with electronic
records of each person who qualifies to vote pursuant to subdivision
twelve-a of this section.

Section 2. Amends section 5-212 of the election law by adding a new
subdivision 12-a to state the department of motor vehicles shall
establish a process in which they provide to the state board of
elections, electronic records containing the legal name, age,
residence and citizenship information for, and the electronic
signature of, each person who is qualified to vote in New York State.
Furthermore, this section requires that the state board of elections

shall transmit the information to appropriate county board of
elections for them to send each person a notification directing him or
her to:

i) decline being registered as a voter; or
ii) adopt a political party affiliation.

If a person who is notified does not respond within 21 calendar days,
after the county board of elections issues the notification, the
person's electronic record and electronic signature submitted under
the provisions of this act will constitute a completed registration
application for the purposes of this section. The person shall then be
registered to vote.

Section 3. Amends paragraph o of section 5-500 of the election law,
and adds a new paragraph p to add a space for "remarks" for
pre-registering applicants to respond to the following question: "Are
you at least 16 years of age and understand that you must be 18 years
of age on or before election day to vote, and that until you reach the
age of 18 your registration will be marked as 'pending' and you will
be unable to cast a ballot in any election?"

Section 4. Adds a new section 5-507 to provide provisions for voter
pre-registration and education of voter pre-registration. A person who
is at least 16 years of age and who is otherwise qualified to register
to vote may pre-register to vote, and shall be automatically
registered upon reaching the age of eligibility, following
verification of the person's qualifications and address.

This section also provides for the encouragement of student voter
registration and pre-registration by local boards of educations. Local
boards of education would be required to adopt policies to promote
student voter registration and pre-registration and may include
collaboration with county boards of elections to conduct voter
registration and pre-registration in high schools.

Section 5. This act shall take effect immediately; provided, however
that section 1 of this act shall take effect on the ninetieth day
after it shall have become a law; and section two of this act shall
take effect on the first of January next succeeding the date on which
it shall become a law. Effective immediately, the commissioner of
motor vehicles and the commissioners of the state board of elections
shall promulgate rules and regulations necessary or appropriate to
carry out the provisions of this act.

 JUSTIFICATION :

In October of 2015 California became the second state to approve
legislation to automatically register residents to vote. The sponsor
of the legislation, California Secretary of State Alex Padilla stated
"Citizens should not be required to opt-in for their fundamental right
to vote. We do not have to opt-in to other rights, such as free speech
or due process. This right to vote should be no different."

Following the abysmal turn out in the Mid-Term elections of 2014, New
York State had the 4th worst voter turnout in the United States of
American with only 28.8% of registered voters going out to vote.
Furthermore, only 54% of eligible voters between 18-24 are registered
to vote in the Northeast. This legislation seeks to address this major
issue to ensure that all residents who want to vote are able to.

By providing a mechanism which would automatically register
individuals, pre-register 16 year olds and provide education on this
important issue, we can ensure all New Yorker's have the ability to
exercise their fundamental right to vote, if they choose to or not.

 LEGISLATIVE HISTORY :

2015-16: 56075 - elections

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however that section
1 of this act shall take effect on the ninetieth day after it shall
have become a law; and section two of this act shall take effect on
the first of January next succeeding the date on which it shall become
a law. Effective immediately, the commissioner of motor vehicles and
the commissioners of the state board of elections shall promulgate
rules and regulations necessary or appropriate to carry out the
provisions of this act.

2017-S1369 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1369
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 establishing  automatic
   voter registration and voter pre-registration
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 14 and 15 of section 5-212 of the  election
 law, as added by chapter 659 of the laws of 1994, are amended to read as
 follows:
   1.  In addition to any other method of voter registration provided for
 in this article, any qualified person may  apply  for  registration  and
 enrollment EITHER by application made simultaneously and integrated with
 an  application for a motor vehicle driver's license, a driver's license
 renewal or an identification card if  such  a  card  is  issued  by  the
 department  of motor vehicles in its normal course of business OR BY THE
 DEPARTMENT  OF  MOTOR  VEHICLES  PROVIDING  THE  APPROPRIATE  BOARD   OF
 ELECTIONS  WITH ELECTRONIC RECORDS OF EACH PERSON WHO QUALIFIES TO VOTE,
 PURSUANT TO SUBDIVISION TWELVE-A OF THIS SECTION.
   14. The state board shall develop and  distribute  public  information
 and promotional materials relating to the purposes and implementation of
 [this program] THESE PROGRAMS.
   15.  The state board shall prepare and distribute to the department of
 motor vehicles written instructions as to  the  implementation  of  [the
 program] THESE PROGRAMS and shall be responsible for establishing train-
 ing  programs for employees of the department of motor vehicles involved
 in such [program] PROGRAMS.
   § 2. Section 5-212 of the election law is  amended  by  adding  a  new
 subdivision 12-a to read as follows:
   12-A.  IN  ADDITION  TO COMPLETING AN APPLICATION FOR REGISTRATION AND
 ENROLLMENT BY APPLICATION, A PERSON MAY ALSO BE REGISTERED  TO  VOTE  IN
 THE FOLLOWING MANNER:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02011-01-7

 S. 1369                             2
 
   (A)  THE  DEPARTMENT  OF  MOTOR VEHICLES SHALL ESTABLISH A SCHEDULE BY
 WHICH IT PROVIDES TO THE STATE BOARD  OF  ELECTIONS  ELECTRONIC  RECORDS
 CONTAINING  THE  LEGAL  NAME, AGE, RESIDENCE AND CITIZENSHIP INFORMATION
 FOR, AND THE ELECTRONIC SIGNATURE OF, EACH PERSON WHO  IS  QUALIFIED  TO
 VOTE UNDER SECTION 5-102 OF THIS ARTICLE.
   (B) UPON RECEIVING THE ELECTRONIC RECORD FOR, AND ELECTRONIC SIGNATURE
 OF,  A  PERSON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE STATE
 BOARD OF ELECTIONS SHALL PROVIDE  THE  INFORMATION  TO  THE  APPROPRIATE
 COUNTY  BOARD  OF  ELECTIONS  IN WHICH THE PERSON MAY BE REGISTERED AS A
 VOTER. THE APPROPRIATE COUNTY BOARD OF ELECTIONS SHALL SEND EACH  PERSON
 A NOTIFICATION DIRECTING HIM OR HER TO:
   (I) DECLINE BEING REGISTERED AS A VOTER; OR
   (II) ADOPT A POLITICAL PARTY AFFILIATION.
   (C)  IF A PERSON NOTIFIED UNDER PARAGRAPH (B) OF THIS SUBDIVISION DOES
 NOT DECLINE TO BE REGISTERED AS A VOTER WITHIN TWENTY-ONE CALENDAR  DAYS
 AFTER  THE  COUNTY  BOARD  OF  ELECTIONS  ISSUES  THE  NOTIFICATION, THE
 PERSON'S ELECTRONIC RECORD  AND  ELECTRONIC  SIGNATURE  SUBMITTED  UNDER
 PARAGRAPH  (A) OF THIS SUBDIVISION WILL CONSTITUTE A COMPLETED REGISTRA-
 TION APPLICATION FOR THE PERSON FOR  PURPOSES  OF  THIS  SECTION.    THE
 PERSON  SHALL  BE  REGISTERED  TO  VOTE IF THE COUNTY BOARD OF ELECTIONS
 DETERMINES THAT THE PERSON IS QUALIFIED  TO  VOTE  PURSUANT  TO  SECTION
 5-102 OF THIS ARTICLE, AND THE PERSON IS NOT ALREADY REGISTERED TO VOTE.
   (D)  A COUNTY BOARD OF ELECTIONS MAY NOT SEND A BALLOT TO, OR ADD TO A
 VOTER REGISTRATION LIST, A PERSON  WHO  MEETS  ELIGIBILITY  REQUIREMENTS
 UNTIL  AT  LEAST  TWENTY-ONE  CALENDAR  DAYS  AFTER  THE COUNTY BOARD OF
 ELECTIONS PROVIDED NOTIFICATION TO THE PERSON AS DESCRIBED IN  PARAGRAPH
 (B) OF THIS SUBDIVISION.
   §  3.    Paragraph o of subdivision 4 of section 5-500 of the election
 law, as amended by chapter 659 of the laws of 1994, is amended and a new
 paragraph p is added to read as follows:
   o. A space for "remarks" regarding other facts required by this  chap-
 ter to be recorded or appropriate to identify the voter[.];
   P.  A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
 QUESTION: "ARE YOU AT LEAST 16 YEARS OF AGE AND UNDERSTAND THAT YOU MUST
 BE 18 YEARS OF AGE ON OR BEFORE ELECTION DAY TO VOTE, AND THAT UNTIL YOU
 REACH THE AGE OF 18 YOUR REGISTRATION WILL BE MARKED  AS  'PENDING'  AND
 YOU WILL BE UNABLE TO CAST A BALLOT IN ANY ELECTION?".
   § 4. The election law is amended by adding a new section 5-507 to read
 as follows:
   §  5-507.  VOTER PRE-REGISTRATION AND EDUCATION ON VOTER PRE-REGISTRA-
 TION. 1. PRE-REGISTRATION.  A PERSON WHO IS AT LEAST  SIXTEEN  YEARS  OF
 AGE  AND WHO IS OTHERWISE QUALIFIED TO REGISTER TO VOTE MAY PRE-REGISTER
 TO VOTE, AND SHALL BE AUTOMATICALLY REGISTERED UPON REACHING THE AGE  OF
 ELIGIBILITY,  FOLLOWING  VERIFICATION OF THE PERSON'S QUALIFICATIONS AND
 ADDRESS.
   2. ENCOURAGEMENT OF STUDENT VOTER REGISTRATION  AND  PRE-REGISTRATION.
 LOCAL  BOARDS  OF  EDUCATION  ARE  REQUIRED TO ADOPT POLICIES TO PROMOTE
 STUDENT VOTER REGISTRATION  AND  PRE-REGISTRATION.  THESE  POLICIES  MAY
 INCLUDE  COLLABORATION  WITH COUNTY BOARDS OF ELECTIONS TO CONDUCT VOTER
 REGISTRATION  AND  PRE-REGISTRATION  IN  HIGH  SCHOOLS.  COMPLETION  AND
 SUBMISSION  OF VOTER REGISTRATION OR PRE-REGISTRATION FORMS SHALL NOT BE
 A COURSE REQUIREMENT OR GRADED ASSIGNMENT FOR STUDENTS.
   § 5. This act shall take effect immediately;  provided,  however  that
 section  one of this act shall take effect on the ninetieth day after it
 shall have become a law; and section two of this act shall  take  effect
 on  the first of January next succeeding the date on which it shall have

 S. 1369                             3
 
 become a law. Effective immediately, the commissioner of motor  vehicles
 and  the  commissioners of the state board of elections shall promulgate
 rules  and  regulations  necessary  or  appropriate  to  carry  out  the
 provisions of this act.

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Senate Bill S1369

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2017-S1369 (ACTIVE) - Details

2017-S1369 (ACTIVE) - Summary

2017-S1369 (ACTIVE) - Sponsor Memo

2017-S1369 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1369

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Jose Peralta

2017-S1369 (ACTIVE) - Details

2017-S1369 (ACTIVE) - Summary

2017-S1369 (ACTIVE) - Sponsor Memo

2017-S1369 (ACTIVE) - Bill Text download pdf

Comments