NY State Senate Bill 2017-S5114

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
Mar 08, 2017	referred to elections

co-Sponsors

2017-S5114 (ACTIVE) - Details

See Assembly Version of this Bill:: A6283
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add Art 5 Title 9 §§5-900 - 5-908, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10371
2019-2020: A6222

2017-S5114 (ACTIVE) - Summary

Establishes an electronic registration process integrated within designated agency applications; makes related provisions.

2017-S5114 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5114

 TITLE OF BILL :

An act to amend the election law, in relation to establishing an
electronic registration process integrated within designated agency
applications

 PURPOSE OR GENERAL IDEA OF BILL :

To facilitate voter registration through an electronic agency
application process

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new title 9 to article 5 of the election
law as follows:

Section 5-900 requires that designated agencies shall ensure that
agency applications incorporate a voter registration application such
that by completing the agency application, the applicant is also
completing a voter registration. The voter shall be able to decline to
register by checking a box on the agency application. The requisite
voter information, including an electronic signature, as applicable,
and the relevant document images shall be transmitted to the state
board of elections which shall then forward to the applicable board of

elections for verification and processing. Any agency information that
is not relevant for voter registration purposes shall be redacted.
Designated agencies are those identified in sections 5-211 and 5212 of
the election law and any other agency designated by the state board of
elections.

Section 5-902 provides that any person whose maximum term of
imprisonment has expired or upon discharge from community supervision
and who is entitled to have his or her voting rights restored shall be
automatically reinstated as a voter unless such voter affirmatively
declines reinstatement.

Section 5-904 provides that the failure to provide an exemplar
signature shall not prevent registration and the voter shall be
provided a form to submit such signature or the voter's identity may
be verified upon appearing to vote pursuant to section 8-302 of the
election law.

Section 5-906 provides that anyone inadvertently registered to vote
pursuant to section 5-902 shall be afforded a rebuttable presumption
of innocence of false registration or illegal voting.

Section 5-908 provides that the state board of elections shall
promulgate rules and regulations and approve all agency forms and
notices required by this title.

Section 2 of the bill is the effective date.

 JUSTIFICATION :

The right to vote is a fundamental right. With the advance of
information technology, state and local governments have migrated to
on-line and electronic processes and have the ability to provide the
state board of elections with address and other information relevant
to voter registration collected by agencies as part of their normal
interactions with constituents and in a more timely fashion. By doing
so, the voter registration process can be both facilitated and
modernized for New York voters.

 PRIOR LEGISLATIVE HISTORY :
2016: A.10371 (Gantt) - Reported to Rules.

 FISCAL IMPLICATIONS :

Cost to implement designated agency processes. Costs may be reduced as
the process is simplified.

 EFFECTIVE DATE :
On the earlier of: two years after it shall become law, or five days
after certification by the state board of elections that the
information technology necessary to implement this act is functional.

2017-S5114 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5114
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  an  elec-
   tronic registration process integrated within designated agency appli-
   cations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 5 of the election law is amended by  adding  a  new
 title 9 to read as follows:
                                 TITLE IX
              ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
 SECTION 5-900. INTEGRATED   PERSONAL   VOTER   REGISTRATION  APPLICATION
                   REQUIRED.
         5-902. AUTOMATIC REINSTATEMENT AFTER FORFEITURE.
         5-904. FAILURE TO PROVIDE  EXEMPLAR  SIGNATURE  NOT  TO  PREVENT
                  REGISTRATION.
         5-906. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
         5-908. FORMS.
   §  5-900. INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION REQUIRED.
 1. IN ADDITION TO ANY OTHER METHOD OF VOTER REGISTRATION PROVIDED FOR BY
 THIS CHAPTER, STATE AND LOCAL AGENCIES DESIGNATED IN SUBDIVISION TEN  OF
 THIS  SECTION SHALL PROVIDE TO THE STATE BOARD OF ELECTIONS VOTER REGIS-
 TRATION  QUALIFICATION  INFORMATION  ASSOCIATED  WITH  EACH  PERSON  WHO
 SUBMITS  AN APPLICATION FOR SERVICES AT SUCH AGENCY, OR WHO NOTIFIES THE
 AGENCY OF A CHANGE OF ADDRESS OR NAME. SUCH  DESIGNATED  AGENCIES  SHALL
 ENSURE  AGENCY  APPLICATIONS  SUBSTANTIALLY  INCLUDE ALL OF THE ELEMENTS
 REQUIRED BY SECTION 5-210 OF THIS  ARTICLE,  INCLUDING  THE  APPROPRIATE
 ATTESTATION,  SO THAT PERSONS COMPLETING SUCH APPLICATIONS SHALL BE ABLE
 TO ALSO SUBMIT AN APPLICATION TO REGISTER TO VOTE THROUGH THE ELECTRONIC
 VOTER REGISTRATION TRANSMITTAL SYSTEM. FOR  PURPOSES  OF  THIS  SECTION,
 "AGENCY"  SHALL  MEAN  ANY  STATE OR LOCAL AGENCY, DEPARTMENT, DIVISION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09907-01-7

 S. 5114                             2
 
 OFFICE, INSTITUTION OR OTHER ENTITY DESIGNATED BY  THE  STATE  BOARD  OF
 ELECTIONS PURSUANT TO SUBDIVISION TEN OF THIS SECTION.
   2.  FOR  EACH  APPLICATION  SUBMITTED TO THE AGENCY, WHETHER ELECTRON-
 ICALLY OR ON PAPER, THE AGENCY SHALL TRANSMIT  TO  THE  STATE  BOARD  OF
 ELECTIONS  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER REGISTRATION
 TRANSMITTAL SYSTEM ESTABLISHED AND MAINTAINED  BY  THE  STATE  BOARD  OF
 ELECTIONS  THAT PORTION OF THE APPLICATION THAT INCLUDES VOTER REGISTRA-
 TION INFORMATION. THE STATE  BOARD  OF  ELECTIONS  SHALL  ELECTRONICALLY
 FORWARD  SUCH  APPLICATION  TO THE APPLICABLE BOARD OF ELECTIONS OF EACH
 COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING  AND  VERIFICATION
 CONSISTENT WITH THIS CHAPTER.
   3.  AN  INTEGRATED  VOTER  REGISTRATION FORM SUBMITTED TO AN AGENCY IN
 PAPER FORMAT SHALL BE  TRANSMITTED  TO  THE  STATE  BOARD  OF  ELECTIONS
 THROUGH  AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY CONVERT-
 ING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT  FORMAT  FILE
 WHICH  SHALL  THEREAFTER BE DEEMED THE ORIGINAL FORM FOR VOTER REGISTRA-
 TION AND ENROLLMENT PURPOSES.  THE  AGENCY  SHALL  RETAIN  THE  COMPLETE
 ORIGINAL  PAPER  APPLICATION FOR NO LESS THAN TWO YEARS. THE TRANSMITTAL
 OF THE CONVERTED PAPER APPLICATION MAY INCLUDE OR BE ACCOMPANIED BY DATA
 ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED BY THE RULES AND  REGU-
 LATIONS OF THE STATE BOARD OF ELECTIONS.
   4. AN INTEGRATED VOTER REGISTRATION APPLICATION SUBMITTED TO AN AGENCY
 IN  AN  ELECTRONIC  FORMAT  SHALL  BE  TRANSMITTED TO THE STATE BOARD OF
 ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION  TRANSMITTAL  SYSTEM
 AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS, INCLUDING
 ELECTRONIC  SIGNATURE,  AS  APPLICABLE, AND RECORD OF ATTESTATION OF THE
 ACCURACY OF THE VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT
 IMAGES.
   5. INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION  AND
 THE  AGENCY  APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE UPON AN
 APPLICATION.
   6. THE AGENCY SHALL REDACT OR REMOVE  FROM  THE  COMPLETED  INTEGRATED
 APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
 MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
   6-A.  INFORMATION  CONCERNING  THE  CITIZENSHIP STATUS OF INDIVIDUALS,
 WHEN COLLECTED AND TRANSMITTED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  SHALL  NOT  BE  RETAINED, USED OR SHARED FOR ANY OTHER PURPOSE
 EXCEPT AS MAY BE REQUIRED BY LAW.
   7. A VOTER SHALL BE ABLE TO DECLINE TO REGISTER TO VOTE USING AN INTE-
 GRATED APPLICATION BY SELECTING A SINGLE CHECK BOX, OR EQUIVALENT, WHICH
 SHALL READ "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION  PURPOSES.
 DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS".
   8.  THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION APPLICATION
 AND THE AGENCY APPLICATION BY MEANS OF A  SINGLE  MANUAL  OR  ELECTRONIC
 SIGNATURE  UNLESS  THE AGENCY REQUIRES MORE THAN ONE SIGNATURE FOR OTHER
 AGENCY PURPOSES.
   9. NO APPLICATION FOR VOTER REGISTRATION SHALL  BE  SUBMITTED  IF  THE
 APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
 TION, WHETHER ON PAPER OR ONLINE.
   10. DESIGNATED AGENCIES FOR PURPOSES OF THIS SECTION SHALL INCLUDE ALL
 AGENCIES DESIGNATED AS VOTER REGISTRATION AGENCIES IN SECTIONS 5-211 AND
 5-212  OF  THIS  ARTICLE,  AS WELL AS ANY OTHER AGENCY DESIGNATED BY THE
 STATE BOARD OF ELECTIONS. ANY SUCH  DESIGNATED  AGENCY  SHALL  TAKE  ALL
 ACTIONS  THAT  ARE  NECESSARY  AND PROPER FOR THE IMPLEMENTATION OF THIS
 SECTION, INCLUDING  FACILITATING  TECHNOLOGICAL  CAPABILITIES  TO  ALLOW

 S. 5114                             3
 
 TRANSMISSION  OF  DATA  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER
 REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.
   11.  UPON  THE  DISCHARGE  FROM  A  STATE CORRECTIONAL FACILITY OF ANY
 PERSON WHOSE MAXIMUM SENTENCE OF IMPRISONMENT  HAS  EXPIRED  OR  UPON  A
 PERSON'S  DISCHARGE FROM COMMUNITY SUPERVISION AS DEFINED IN SUBDIVISION
 THREE OF SECTION TWO  HUNDRED  FIFTY-NINE  OF  THE  EXECUTIVE  LAW,  THE
 DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION SHALL PROVIDE SUCH
 PERSON A VOTER REGISTRATION FORM, PURSUANT TO  SECTION  SEVENTY-FIVE  OF
 THE  CORRECTION LAW AND SUCH FORM, IF POSSIBLE, SHALL BE INTEGRATED WITH
 THE RELEASE DOCUMENTS NORMALLY PRESENTED AND SIGNED  UPON  RELEASE.  THE
 DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION SHALL SUBMIT RELE-
 VANT INFORMATION FOR SUCH PERSON THROUGH THE VOTER  REGISTRATION  TRANS-
 MITTAL  SYSTEM  AND  NOTIFY  THE  BOARD  OF  ELECTIONS  OF  THE PERSON'S
 DISCHARGE.
   12. THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES  AND  REGU-
 LATIONS  FOR THE CREATION AND ADMINISTRATION OF AN INTEGRATED ELECTRONIC
 VOTER REGISTRATION PROCESS AS PROVIDED FOR BY THIS SECTION.
   § 5-902. AUTOMATIC REINSTATEMENT AFTER FORFEITURE.  ANY  PERSON  WHOSE
 VOTER REGISTRATION IS CANCELED PURSUANT TO SECTION 5-106 OF THIS ARTICLE
 SHALL  BE  AUTOMATICALLY  REINSTATED  AS A VOTER UPON BECOMING ELIGIBLE,
 UNLESS SUCH VOTER SHALL AFFIRMATIVELY DECLINE  SUCH  REINSTATEMENT.  THE
 DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION SHALL NOTIFY THE
 BOARD OF ELECTIONS THROUGH THE VOTER REGISTRATION TRANSMITTAL SYSTEM  OF
 THE  DATE  WHEN THE FORFEITURE OF VOTING RIGHTS SHALL END AND PROVIDE AN
 UPDATED ADDRESS FOR SUCH PERSON, IF KNOWN. IF NO NEW  ADDRESS  FOR  SUCH
 VOTER  IS  AVAILABLE AT THAT TIME, SUCH VOTER SHALL BE REINSTATED AT THE
 ADDRESS OF THE PREVIOUSLY CANCELED REGISTRATION; PROVIDED,  HOWEVER,  IF
 THE  MAILED NOTIFICATION OF SUCH REGISTRATION SHALL BE RETURNED UNDELIV-
 ERABLE TO THE BOARD OF ELECTIONS, SUCH RETURNED MAIL SHALL BE  PROCESSED
 IN ACCORDANCE WITH THIS ARTICLE.
   §  5-904.  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.
   § 5-906. PRESUMPTION OF INNOCENT AUTHORIZED ERROR. 1. IF A PERSON  WHO
 IS  INELIGIBLE  TO  VOTE  BECOMES REGISTERED TO VOTE PURSUANT TO SECTION
 5-902 OF THIS TITLE, THAT PERSON'S REGISTRATION  SHALL  BE  PRESUMED  TO
 HAVE BEEN EFFECTED WITH OFFICIAL AUTHORIZATION AND NOT THE FAULT OF THAT
 PERSON.  SUCH  PRESUMPTION  MAY BE REBUTTED WITH EVIDENCE OF KNOWING AND
 WILLFUL INTENT TO FALSELY REGISTER TO VOTE.

 S. 5114                             4
 
   2. IF A PERSON WHO IS INELIGIBLE BECOMES REGISTERED TO  VOTE  PURSUANT
 TO  SECTION  5-902  OF THIS TITLE EITHER VOTES OR ATTEMPTS TO VOTE IN AN
 ELECTION HELD AFTER THE EFFECTIVE DATE  OF  THE  PERSON'S  REGISTRATION,
 THAT  PERSON SHALL BE PRESUMED TO HAVE ACTED WITH OFFICIAL AUTHORIZATION
 AND  SHALL  NOT  BE  GUILTY OF ILLEGAL VOTING OR ILLEGALLY ATTEMPTING TO
 VOTE. SUCH PRESUMPTION MAY BE REBUTTED  WITH  EVIDENCE  OF  KNOWING  AND
 WILLFUL  INTENT  TO  VOTE  OR  ATTEMPT  TO VOTE WITH KNOWLEDGE THAT SUCH
 PERSON IS NOT QUALIFIED OR ENTITLED TO VOTE.
   § 5-908. FORMS. THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES
 AND  REGULATIONS  TO  IMPLEMENT THIS TITLE. ALL AGENCY FORMS AND NOTICES
 REQUIRED BY  THIS  TITLE  SHALL  BE  APPROVED  BY  THE  STATE  BOARD  OF
 ELECTIONS.  ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF ELECTIONS
 PURSUANT TO THIS TITLE SHALL  BE  PROMULGATED  BY  THE  STATE  BOARD  OF
 ELECTIONS,  AND  NO  ADDITION OR ALTERNATION TO SUCH FORMS BY A BOARD OF
 ELECTIONS  SHALL  BE  MADE  WITHOUT  APPROVAL  OF  THE  STATE  BOARD  OF
 ELECTIONS.
   § 2. 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.

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Senate Bill S5114

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2017-S5114 (ACTIVE) - Details

2017-S5114 (ACTIVE) - Summary

2017-S5114 (ACTIVE) - Sponsor Memo

2017-S5114 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5114

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Marisol Alcantara

Luis R. Sepúlveda

2017-S5114 (ACTIVE) - Details

2017-S5114 (ACTIVE) - Summary

2017-S5114 (ACTIVE) - Sponsor Memo

2017-S5114 (ACTIVE) - Bill Text download pdf

Comments