S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7325
 
                             I N  S E N A T E
 
                             January 17, 2020
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13496-05-9

 S. 7325                             2
 
 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;
   (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

 S. 7325                             3
 
 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.
   § 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.