S T A T E O F N E W Y O R K
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8624
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
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Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the tax law and the real property tax law, in relation
to enacting the "taxpayer voter registration act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "taxpayer voter registration act".
§ 2. The tax law is amended by adding a new section 664 to read as
follows:
§ 664. VOTER REGISTRATION. THE COMMISSIONER SHALL REQUIRE THAT ALL
INCOME TAX RETURNS ALLOW THE TAXPAYER TO REGISTER TO VOTE BY CHECKING A
BOX, TO BE INCLUDED ON THE RETURN, THAT INDICATES THAT THE APPLICANT
WOULD LIKE TO REGISTER TO VOTE. ADJACENT TO SUCH BOX, THERE SHALL BE A
STATEMENT IN PROMINENT TYPE, "IF YOU CHECK THIS BOX, YOU SWEAR OR AFFIRM
UNDER PENALTIES OF PERJURY THAT (1) YOU ARE A CITIZEN OF THE UNITED
STATES, (2) YOU WILL HAVE LIVED IN THE COUNTY, CITY OR VILLAGE LISTED AS
YOUR ADDRESS ON YOUR TAX RETURN FOR AT LEAST 30 DAYS BEFORE THE NEXT
ELECTION, (3) YOU MEET ALL THE REQUIREMENTS TO REGISTER, AND (4) YOUR
SIGNATURE OR MARK IS AFFIXED TO THIS TAX RETURN OR IS ON FILE WITH THE
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE OR THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES." THE INCOME TAX RETURNS SHALL ALSO PROVIDE
A MEANS FOR THE INDIVIDUAL TO SELECT A POLITICAL PARTY AFFILIATION, IF
SO DESIRED BY THE INDIVIDUAL.
§ 3. The real property tax law is amended by adding a new section 997
to read as follows:
§ 997. VOTER REGISTRATION; GENERAL. THE TAXING ENTITY SHALL INCLUDE ON
ALL TAX BILLS ISSUED UNDER THIS CHAPTER A CHECK BOX, TO BE INCLUDED ON
THE BILL, THAT INDICATES THAT THE APPLICANT WOULD LIKE TO REGISTER TO
VOTE. ADJACENT TO SUCH BOX, THERE SHALL BE A STATEMENT IN PROMINENT
TYPE, "IF YOU CHECK THIS BOX, YOU SWEAR OR AFFIRM UNDER PENALTIES OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13496-05-9
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PERJURY THAT (1) YOU ARE A CITIZEN OF THE UNITED STATES, (2) YOU WILL
HAVE LIVED IN THE COUNTY, CITY OR VILLAGE LISTED AS YOUR ADDRESS ON YOUR
TAX RETURN FOR AT LEAST 30 DAYS BEFORE THE NEXT ELECTION, (3) YOU MEET
ALL THE REQUIREMENTS TO REGISTER, AND (4) YOUR SIGNATURE OR MARK IS
AFFIXED TO THIS TAX RETURN OR IS ON FILE WITH THE NEW YORK STATE DEPART-
MENT OF TAXATION AND FINANCE OR THE NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES." THE TAX BILL SHALL ALSO PROVIDE A MEANS FOR THE INDIVIDUAL TO
SELECT A POLITICAL PARTY AFFILIATION, IF SO DESIRED BY THE INDIVIDUAL.
§ 4. The real property tax law is amended by adding a new section
997-a to read as follows:
§ 997-A. VOTER REGISTRATION; CHANGE OF ADDRESS. UPON A TRANSFER OF
RESIDENTIAL REAL PROPERTY, THE REAL ESTATE TRANSFER RETURN FILED WITH
THE COMMISSIONER AND SIGNED BY THE BUYER OF SUCH RESIDENTIAL REAL PROP-
ERTY SHALL INCLUDE A CHECK BOX, TO BE INCLUDED ON THE FORM ABOVE THE
SIGNATURE LINE WITH A STATEMENT IN PROMINENT TYPE, "NOTICE TO GRANTEE:
NEW YORK STATE ELECTION LAW REQUIRES YOU TO REREGISTER TO VOTE IF YOU
CHANGE YOUR ADDRESS. BY CHECKING THIS BOX AND SIGNING AND RETURNING THIS
FORM YOU WILL APPLY TO VOTE UNDER THE ADDRESS STATED ON THIS FORM UNLESS
YOU OPT-OUT. IF YOU ARE NOT A RESIDENT OF THE UNITED STATES OR NEW YORK
STATE, YOU CANNOT CHECK THIS BOX. BY CHECKING THIS BOX AND SIGNING BELOW
YOU SWEAR OR AFFIRM UNDER PENALTIES OF PERJURY THAT (1) YOU ARE A CITI-
ZEN OF THE UNITED STATES, (2) YOU WILL HAVE LIVED IN THE COUNTY, CITY OR
VILLAGE LISTED AS YOUR ADDRESS ON YOUR TAX RETURN FOR AT LEAST 30 DAYS
BEFORE THE NEXT ELECTION, (3) YOU MEET ALL THE REQUIREMENTS TO REGISTER,
AND (4) YOUR SIGNATURE OR MARK IS AFFIXED TO THIS TAX RETURN OR IS ON
FILE WITH THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE OR THE
NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES. THE REAL ESTATE TRANSFER
RETURN SHALL ALSO PROVIDE A MEANS FOR THE INDIVIDUAL TO SELECT A POLI-
TICAL PARTY AFFILIATION, IF SO DESIRED BY THE INDIVIDUAL."
§ 5. The tax law is amended by adding a new section 45 to read as
follows:
§ 45. VOTER REGISTRATION. (A) THE DEPARTMENT SHALL ELECTRONICALLY
TRANSMIT TO THE STATE BOARD OF ELECTIONS, AND THE STATE BOARD OF
ELECTIONS SHALL ELECTRONICALLY TRANSMIT TO LOCAL BOARDS OF ELECTION, TO
THE EXTENT SUCH INFORMATION IS AVAILABLE, IN A FORMAT THAT CAN BE READ
BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST THE FOLLOWING
INFORMATION FOR EACH PERSON DESCRIBED IN SECTION SIX HUNDRED SIXTY-FOUR
OF THIS CHAPTER AND SECTIONS NINE HUNDRED NINETY-SEVEN AND NINE HUNDRED
NINETY-SEVEN-A OF THE REAL PROPERTY TAX LAW:
(I) WHETHER SUCH PERSON CHECKED THE BOX TO INDICATE A DESIRE TO REGIS-
TER TO VOTE;
(II) GIVEN NAME OR SURNAME;
(III) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
(IV) DATE OF BIRTH;
(V) EVIDENCE OF UNITED STATES CITIZENSHIP, NEW YORK RESIDENCE, AND
ATTESTATION OF ELIGIBILITY;
(VI) AN ELECTRONIC COPY OF THE TAX PAYER'S SIGNATURE; AND
(VII) POLITICAL PARTY ENROLLMENT, IF ANY.
(B) THE STATE OR LOCAL BOARDS OF ELECTIONS SHALL:
(I) IDENTIFY ALL INDIVIDUALS WHOSE INFORMATION IS TRANSMITTED BY THE
DEPARTMENT PURSUANT TO THIS SECTION AND WHO ARE ELIGIBLE TO BE, BUT ARE
NOT CURRENTLY, REGISTERED TO VOTE IN THE STATE; AND
(II) PROMPTLY SEND EACH SUCH INDIVIDUAL WRITTEN NOTICE AND SHALL
INCLUDE:
(1) AN EXPLANATION THAT VOTER REGISTRATION IS VOLUNTARY;
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(2) A STATEMENT OFFERING THE INDIVIDUAL THE OPPORTUNITY TO ENROLL WITH
A POLITICAL PARTY OR TO DECLINE TO ENROLL WITH A POLITICAL PARTY, IF THE
INDIVIDUAL HAS NOT ALREADY ENROLLED WITH A POLITICAL PARTY;
(3) THE VOTER ELIGIBILITY REQUIREMENTS AND A STATEMENT THAT THE INDI-
VIDUAL MUST DECLINE REGISTRATION IF THEY DO NOT MEET SUCH REQUIREMENTS;
(4) A STATEMENT EXPLAINING THAT IF THE INDIVIDUAL APPLIES TO REGISTER
TO VOTE ELECTRONICALLY, SUCH INDIVIDUAL THEREBY CONSENTS TO THE USE OF
AN ELECTRONIC COPY OF THE INDIVIDUAL'S MANUAL SIGNATURE THAT IS IN THE
CUSTODY OF THE DEPARTMENT OF MOTOR VEHICLES, THE STATE BOARD OF
ELECTIONS OR THE LOCAL BOARDS OF ELECTION, AS THE INDIVIDUAL'S VOTER
REGISTRATION EXEMPLAR SIGNATURE IF THE INDIVIDUAL VOTER'S EXEMPLAR
SIGNATURE IS NOT PROVIDED WITH THE VOTER REGISTRATION APPLICATION;
(5) A REQUEST FOR DOCUMENTATION OF UNITED STATES CITIZENSHIP AND NEW
YORK STATE RESIDENCY, AS REQUIRED BY LAW OR REGULATION;
(6) PENALTIES FOR SUBMISSION OF FALSE INFORMATION FOR REGISTRATION TO
VOTE; AND
(7) INSTRUCTIONS FOR CORRECTING ERRONEOUS INFORMATION.
(C) THE NOTICE REQUIRED BY PARAGRAPH (II) OF SUBDIVISION (B) OF THIS
SECTION SHALL INCLUDE A FORM THAT OFFERS THE INDIVIDUAL THE OPPORTUNITY
TO ELECT TO DECLINE TO REGISTER TO VOTE AND, IN A SEPARATE SECTION, THE
OPPORTUNITY TO ENROLL WITH A POLITICAL PARTY OR TO DECLINE TO ENROLL
WITH A POLITICAL PARTY IF THE INDIVIDUAL HAS NOT ALREADY SELECTED A
POLITICAL PARTY AFFILIATION, A LIST OF DOCUMENTS THAT CAN BE USED TO
ESTABLISH THE UNITES STATES CITIZENSHIP AND NEW YORK RESIDENCY, AND A
POSTAGE PRE-PAID ENVELOPE TO RETURN THE FORM.
(D) THE STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO THE
DEPARTMENT WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION OF THE
PROVISIONS OF THIS SECTION AND SHALL BE RESPONSIBLE FOR ESTABLISHING
TRAINING PROGRAMS FOR EMPLOYEES OF THE DEPARTMENT.
(E) THE AGREEMENT BETWEEN THE STATE BOARD OF ELECTIONS AND THE DEPART-
MENT SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMITTED,
THE FREQUENCY OF DATA TRANSMISSIONS, THE PROCEDURES, AND OTHER MEASURES
THAT WILL BE USED TO ENSURE THE SECURITY AND PRIVACY OF THE INFORMATION
TRANSMITTED, AND ANY OTHER MATTER NECESSARY OR HELPFUL TO IMPLEMENT THE
REQUIREMENTS OF THIS SECTION.
(F) THE DEPARTMENT SHALL COOPERATE WITH THE STATE BOARD OF ELECTIONS
AND COUNTY BOARDS OF ELECTIONS TO FACILITATE THE VOTER REGISTRATION OF
EACH PERSON DESCRIBED IN THIS SECTION, AND TO ELECTRONICALLY TRANSMIT
THE INFORMATION NEEDED TO REGISTER EACH SUCH PERSON TO VOTE OR TO UPDATE
EACH SUCH PERSON'S VOTER REGISTRATION RECORD.
(G) THE DEPARTMENT SHALL ENTER INTO AN AGREEMENT WITH THE STATE BOARD
OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRANS-
MISSIONS REQUIRED BY THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
THOUSAND TWENTY; PROVIDED, THAT THE DEPARTMENT SHALL BE ABLE TO COMPLY
FULLY WITH ALL REQUIREMENTS OF THIS SECTION, INCLUDING THE COLLECTION
AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS TO VOTE,
BY JANUARY FIRST, TWO THOUSAND TWENTY-ONE.
§ 6. The vehicle and traffic law is amended by adding a new section
201-a to read as follows:
§ 201-A. VOTER REGISTRATION. UPON THE REQUEST OF THE STATE BOARD OF
ELECTIONS, THE COMMISSIONER SHALL RELEASE AN ELECTRONIC VERSION OF THE
INDIVIDUAL'S MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT
AS THE INDIVIDUAL'S VOTER REGISTRATION EXEMPLAR SIGNATURE FOR PURPOSES
OF VOTER REGISTRATION PURSUANT TO SECTIONS FORTY-FIVE AND SIX HUNDRED
SIXTY-FOUR OF THE TAX LAW AND SECTIONS NINE HUNDRED NINETY-SEVEN AND
NINE HUNDRED NINETY-SEVEN-A OF THE REAL PROPERTY TAX LAW.
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§ 7. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.