S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 1718                                                  A. 1565
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Elections
 
 IN  ASSEMBLY  --  Introduced  by M. of A. GALEF, PEOPLES-STOKES, PAULIN,
   DINOWITZ, ARROYO, JAFFEE, WEPRIN, ABINANTI, SIMON, ORTIZ, NIOU, STECK,
   WRIGHT, MOSLEY, KOLB, GIGLIO, ASHBY -- Multi-Sponsored by -- M. of  A.
   CAHILL,  COLTON,  DE LA ROSA,  FINCH,  GOTTFRIED,  LENTOL,  McDONOUGH,
   B. MILLER, M. L. MILLER, THIELE --  read  once  and  referred  to  the
   Committee on Election Law
 
 AN  ACT  to  amend  the  election  law,  in relation to including e-mail
   addresses in voter registration data
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (k) and (l) of subdivision 5 of section 5-210 of
 the election law, as amended by chapter 179 of the laws of 2005, subpar-
 agraph  (xii)  of  paragraph  (k) as added by chapter 362 of the laws of
 2008, are amended to read as follows:
   (k) The form shall also include space for the  following  information,
 which must be contained on the inside of the form after it is folded for
 mailing:
   (i) A space for the applicant to indicate whether or not he or she has
 ever voted or registered to vote before and, if so, the approximate year
 in which such applicant last voted or registered and his or her name and
 address at the time.
   (ii) The name and residence address of the applicant including the zip
 code and apartment number, if any.
   (iii)  A SPACE FOR THE FURNISHING OF AN E-MAIL ADDRESS, THE FURNISHING
 OF WHICH SHALL BE OPTIONAL, TOGETHER WITH A NOTICE STATING  THAT  IF  AN
 E-MAIL  ADDRESS  IS  FURNISHED, ALL NOTICES AND COMMUNICATIONS OTHERWISE
 REQUIRED TO BE SENT BY THE STATE BOARD OF  ELECTIONS  TO  THE  VOTER  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00238-01-9

 S. 1718                             2                            A. 1565
 
 POSTAL  MAIL  SHALL BE SENT BY E-MAIL IN ADDITION TO POSTAL MAIL. COUNTY
 BOARDS OF ELECTIONS AND THE BOARD OF ELECTIONS OF THE CITY OF  NEW  YORK
 SHALL  HAVE  THE  OPTION OF SENDING NOTICES AND COMMUNICATIONS OTHERWISE
 REQUIRED TO BE SENT TO THE VOTER BY POSTAL MAIL BY E-MAIL IN ADDITION TO
 POSTAL MAIL IF THE VOTER FURNISHES AN EMAIL ADDRESS.
   (IV) The date of birth of the applicant.
   [(iv)]  (V)  A space for the applicant to indicate his or her driver's
 license or department of motor vehicles non-driver photo  ID  number  or
 the  last  four  digits  of his or her social security number or, if the
 applicant does not have either such number, a space for the applicant to
 indicate he or she does not have either.
   [(v)] (VI) A space for the applicant to indicate whether or not he  or
 she  is a citizen of the United States and the statement "If you checked
 "no" in response to this question, do not complete this form."
   [(vi)] (VII) A space for the applicant to answer  the  question  "Will
 you be 18 years of age on or before election day?" and the statement "If
 you checked "no" in response to this question, do not complete this form
 unless you will be 18 by the end of the year."
   [(vii)] (VIII) A statement informing the applicant that if the form is
 submitted  by  mail and the applicant is registering for the first time,
 certain information or documents must  be  submitted  with  the  mail-in
 registration  form  in order to avoid additional identification require-
 ments upon voting for the first time.  Such  information  and  documents
 are:
   (A)  a  driver's  license  or  department of motor vehicles non-driver
 photo ID number; or
   (B) the last four digits of the individual's social  security  number;
 or
   (C) a copy of a current and valid photo identification; or
   (D)  a  copy  of  a  current  utility bill, bank statement, government
 check, paycheck or other government document that  shows  the  name  and
 address of the voter.
   [(viii)] (IX) The gender of the applicant (optional).
   [(ix)]  (X) A space for the applicant to indicate his or her choice of
 party enrollment, with a clear alternative provided for the applicant to
 decline to affiliate with any party.
   [(x)] (XI) The telephone number of the applicant (optional).
   [(xi)] (XII) A place for the applicant to execute the form on  a  line
 which  is  clearly  labeled  "signature  of  applicant"  preceded by the
 following specific form of affirmation:
   AFFIDAVIT: I swear or affirm that:
      * I am a citizen of the United States.
      * I will have lived in the county, city, or village for at least 30
        days before the election.
      * I meet all the requirements to  register  to  vote  in  New  York
        State.
      * This is my signature or mark on the line below.
      * All  the  information  contained  on  this application is true. I
        understand that if it is not true I can be convicted and fined up
        to $5,000 and/or jailed for up to four years.
 which form of affirmation shall be followed by a space for the date  and
 the aforementioned line for the applicant's signature.
   [(xii)]  (XIII)  A space for the applicant to register in the New York
 state donate life registry for organ and  tissue  donations  established
 pursuant to section forty-three hundred ten of the public health law.

 S. 1718                             3                            A. 1565
 
   (l)  The  mail  voter  registration  application form developed by the
 federal election commission pursuant to the provisions of  section  nine
 of  the National Voter Registration Act of 1993 42 USC 1973gg-7 shall be
 deemed to meet the requirements of this  section.  Any  application  for
 registration  received  on such an application form shall be accepted if
 the applicant is otherwise eligible to register to vote pursuant to  the
 provisions  of  this  article.    A VOTER WHOSE REGISTRATION IS ACCEPTED
 PURSUANT TO THE PROVISIONS OF  THIS  PARAGRAPH  SHALL  BE  PERMITTED  TO
 FURNISH  AN  E-MAIL  ADDRESS TO THE BOARD OF ELECTIONS, WHICH FURNISHING
 SHALL CARRY THE SAME NOTICE AND HAVE THE  SAME  EFFECT  AS  PROVIDED  BY
 SUBPARAGRAPH (III) OF PARAGRAPH (K) OF THIS SUBDIVISION.
   §  2.  Paragraph  d  of subdivision 4 of section 5-500 of the election
 law, as amended by chapter 659 of the laws of 1994, is amended  to  read
 as follows:
   d.  The residence address at which the voter claims to reside and post
 office address, if not the same; and the number or  designation  of  the
 room,  apartment,  or  floor occupied by the voter if he OR SHE does not
 claim the entire building as his OR  HER  residence;  AND  IN  ADDITION,
 SPACE  FOR  THE FURNISHING OF AN E-MAIL ADDRESS, THE FURNISHING OF WHICH
 SHALL BE OPTIONAL, TOGETHER WITH A NOTICE  STATING  THAT  IF  AN  E-MAIL
 ADDRESS  IS FURNISHED, ALL NOTICES AND COMMUNICATIONS OTHERWISE REQUIRED
 TO BE SENT BY THE STATE BOARD OF ELECTIONS TO THE VOTER BY  POSTAL  MAIL
 SHALL  BE  SENT  BY  E-MAIL IN ADDITION TO POSTAL MAIL. COUNTY BOARDS OF
 ELECTIONS AND THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL  HAVE
 THE  OPTION  OF SENDING NOTICES AND COMMUNICATIONS OTHERWISE REQUIRED TO
 BE SENT TO THE VOTER BY POSTAL MAIL BY E-MAIL IN ADDITION TO POSTAL MAIL
 IF THE VOTER FURNISHES AN E-MAIL ADDRESS;
   § 3. This act shall take effect one year after it shall have become  a
 law; provided that the state board of elections is authorized to promul-
 gate  any  and  all  rules  and  regulations and take any other measures
 necessary to implement this act on its effective date on or before  such
 date.