S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6222
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Election Law
 
 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 8 to read as follows:
                                TITLE VIII
              ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
 SECTION 5-800. INTEGRATED  PERSONAL   VOTER   REGISTRATION   APPLICATION
                   REQUIRED.
         5-802. AUTOMATIC REINSTATEMENT AFTER FORFEITURE.
         5-804. FAILURE  TO  PROVIDE  EXEMPLAR  SIGNATURE  NOT TO PREVENT
                  REGISTRATION.
         5-806. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
         5-808. FORMS.
   § 5-800. 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 ELEVEN
 OF THIS SECTION SHALL PROVIDE TO THE  STATE  BOARD  OF  ELECTIONS  VOTER
 REGISTRATION  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.
              

                                                            LBD05948-01-9

 A. 6222                             2
 
 OFFICE,  INSTITUTION  OR  OTHER  ENTITY DESIGNATED BY THE STATE BOARD OF
 ELECTIONS PURSUANT TO SUBDIVISION ELEVEN 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.
   7.  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.
   8. 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".
   9.  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.
   10. 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.
   11. 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

 A. 6222                             3
 
 TRANSMISSION  OF  DATA  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER
 REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.
   12.  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.
   13. 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.
   § 5-802. 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.
   §  5-804.  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.
   § 5-806. PRESUMPTION OF INNOCENT AUTHORIZED ERROR. 1. IF A PERSON  WHO
 IS  INELIGIBLE  TO  VOTE  BECOMES REGISTERED TO VOTE PURSUANT TO SECTION
 5-802 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.

 A. 6222                             4
 
   2. IF A PERSON WHO IS INELIGIBLE BECOMES REGISTERED TO  VOTE  PURSUANT
 TO  SECTION  5-802  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.
   § 5-808. 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.