S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6457
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to establishing  an  auto-
   matic  voter  registration process integrated within designated agency
   applications

   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 "New York automatic voter registration act of 2019".
   § 2. Article 5 of the election law is amended by adding a new title  9
 to read as follows:
                                 TITLE IX
                       AUTOMATIC VOTER REGISTRATION
 SECTION 5-900. INTEGRATED   PERSONAL   VOTER   REGISTRATION  APPLICATION
                   REQUIRED.
         5-902. FAILURE TO RECEIVE  EXEMPLAR  SIGNATURE  NOT  TO  PREVENT
                  REGISTRATION.
         5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
         5-906. 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  TWELVE
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05948-04-9

 S. 6457                             2
 
 "AGENCY"  SHALL  MEAN  ANY  STATE OR LOCAL AGENCY, DEPARTMENT, DIVISION,
 OFFICE, INSTITUTION OR OTHER ENTITY DESIGNATED BY  THE  STATE  BOARD  OF
 ELECTIONS PURSUANT TO SUBDIVISION TWELVE 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. THE VOTER REGISTRATION RELATED PORTION OF EACH AGENCY'S  INTEGRATED
 APPLICATION FOR SERVICES OR ASSISTANCE SHALL:
   (A)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
 REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER
 SIGNATURE  THAT  HE  OR  SHE  MEETS  THOSE REQUIREMENTS UNDER PENALTY OF
 PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
   (B) INFORM THE APPLICANT, IN PRINT  IDENTICAL  TO  THAT  USED  IN  THE
 ATTESTATION SECTION OF THE FOLLOWING:
   (I) VOTER ELIGIBILITY REQUIREMENTS;
   (II) PENALTIES FOR SUBMISSION OF A FALSE REGISTRATION APPLICATION;
   (III)  THAT  THE  OFFICE  WHERE THE APPLICANT APPLIES FOR REGISTRATION
 SHALL REMAIN CONFIDENTIAL AND THE VOTER REGISTRATION  INFORMATION  SHALL
 BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
   (IV) THAT IF THE APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
 SUCH  APPLICANT 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 OTHER AGENCY DESIG-
 NATED BY THIS SECTION, AS THE INDIVIDUAL'S VOTER  REGISTRATION  EXEMPLAR
 SIGNATURE  IF  THE INDIVIDUAL VOTER'S EXEMPLAR SIGNATURE IS NOT PROVIDED
 WITH THE VOTER REGISTRATION APPLICATION; AND
   (V) IF THE APPLICANT DECLINES TO REGISTER, SUCH  APPLICANT'S  DECLINA-
 TION  SHALL  REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION
 PURPOSES;
   (C) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE  WHETHER  THE
 APPLICANT  WOULD  LIKE  TO  DECLINE  TO  REGISTER TO VOTE ALONG WITH THE
 STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT  CHECK  THIS  BOX,  AND  YOU
 PROVIDE  YOUR  SIGNATURE  ON  THE SPACE BELOW, YOU WILL HAVE ATTESTED TO

 S. 6457                             3
 
 YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
 TER TO VOTE.";
   (D) INCLUDE 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 AND A STATEMENT IN PROMINENT TYPE
 "IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE  ABLE  TO  PARTICIPATE  IN
 PRIMARY ELECTIONS FOR THAT PARTY".
   (E)  INCLUDE  A STATEMENT THAT IF AN APPLICANT IS A VICTIM OF DOMESTIC
 VIOLENCE OR STALKING, HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS
 IN ORDER TO RECEIVE INFORMATION REGARDING  THE  ADDRESS  CONFIDENTIALITY
 PROGRAM  FOR  VICTIMS  OF  DOMESTIC VIOLENCE UNDER SECTION 5-508 OF THIS
 TITLE.
   6. INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION  AND
 THE  AGENCY  APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE UPON AN
 APPLICATION.
   7. 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.
   8.  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.
   9. 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".
   10. 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.
   11.  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.
   12. 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.   EACH AGENCY SHALL ENTER INTO AN AGREEMENT
 WITH THE STATE BOARD OF ELECTIONS FINALIZING THE FORMAT AND  CONTENT  OF
 ELECTRONIC  TRANSMISSIONS  REQUIRED BY THIS SECTION.  THE STATE BOARD OF
 ELECTIONS SHALL PREPARE AND DISTRIBUTE TO  DESIGNATED  AGENCIES  WRITTEN
 INSTRUCTIONS  AS  TO  THE  IMPLEMENTATION  OF  THE  PROGRAM AND SHALL BE
 RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS FOR EMPLOYEES  OF  DESIG-
 NATED  AGENCIES LISTED IN THIS SECTION. 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
 TRANSMISSION OF DATA THROUGH AN  INTERFACE  WITH  THE  ELECTRONIC  VOTER
 REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.
   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.
   §  5-902.  FAILURE TO RECEIVE 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

 S. 6457                             4

 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 BY AFFIDAVIT BALLOT.
   § 5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.  1. NOTWITHSTANDING
 SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR ANY OTHER LAW TO THE
 CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO  FAILS  TO  DECLINE  TO
 REGISTER  TO  VOTE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND
 DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING THAT HE
 OR SHE IS NOT ELIGIBLE TO DO SO:
   (A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE  APPLICANT'S
 FAILURE TO MAKE SUCH DECLINATION;
   (B)  SHALL  BE  DEEMED  TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORI-
 ZATION; AND
   (C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO  CITIZEN-
 SHIP.
   2. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR
 ANY  OTHER  LAW  TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
 FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH  THE  PROVISIONS
 OF  THIS  SECTION,  WHO  THEN  EITHER  VOTES  OR  ATTEMPTS TO VOTE IN AN
 ELECTION HELD AFTER THE EFFECTIVE DATE OF  THAT  PERSON'S  REGISTRATION,
 AND WHO DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
 THAT  HE  OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT SUBSEQUENTLY VOTE
 OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
   (A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE  APPLICANT'S
 FAILURE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE;
   (B)  SHALL  BE  DEEMED  TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORI-
 ZATION; AND
   (C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO  CITIZEN-
 SHIP.
   §  5-906.  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.
   § 3. The election law is amended by adding a new section 5-308 to read
 as follows:
   § 5-308. ENROLLMENT; AUTOMATIC VOTER REGISTRATION.  1.  THE  BOARD  OF
 ELECTIONS  SHALL,  PROMPTLY  AND  NOT  LATER  THAN TWENTY-ONE DAYS AFTER
 RECEIPT OF A VOTER REGISTRATION APPLICATION SUBMITTED PURSUANT TO  TITLE
 NINE OF THIS ARTICLE BY A VOTER REGISTERING FOR THE FIRST TIME, SEND ANY
 SUCH VOTER WHO DID NOT ENROLL IN A PARTY A NOTICE AND A FORM TO INDICATE
 PARTY  ENROLLMENT,  WITH  RETURN POSTAGE PAID BY THE BOARD OF ELECTIONS.
 SUCH NOTICE SHALL OFFER THE VOTER THE OPPORTUNITY TO ENROLL WITH A PARTY
 OR TO DECLINE TO ENROLL WITH A PARTY AND CONTAIN A STATEMENT  IN  PROMI-

 S. 6457                             5
 
 NENT  TYPE "IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTIC-
 IPATE IN PRIMARY ELECTIONS FOR THAT PARTY." SUCH FORM  SHALL  PROVIDE  A
 CLEAR  ALTERNATIVE  FOR  THE  APPLICANT TO DECLINE TO AFFILIATE WITH ANY
 PARTY.  IF  THE  BOARD  OF  ELECTIONS HAS NOT RECEIVED A RESPONSE TO THE
 PARTY ENROLLMENT NOTICE AND FORM WITHIN FORTY-FIVE DAYS OF THE  APPLICA-
 TION,  THE  BOARD  SHALL  MAIL  A  SECOND SIMILAR NOTICE AND FORM TO THE
 VOTER.
   2. NOTWITHSTANDING SUBDIVISION TWO OF SECTION 5-304 OF THIS TITLE,  IF
 A VOTER WHO REGISTERED TO VOTE FOR THE FIRST TIME PURSUANT TO TITLE NINE
 OF  THIS  ARTICLE  RESPONDS TO THE NOTICE REQUIRED BY SUBDIVISION ONE OF
 THIS SECTION AND ELECTS TO ENROLL IN A PARTY, SUCH ENROLLMENT SHALL TAKE
 EFFECT IMMEDIATELY.
   3. IF A VOTER APPEARS AT A PRIMARY ELECTION  AND  VOTES  BY  AFFIDAVIT
 BALLOT  INDICATING  THE  INTENT  TO ENROLL IN SUCH PARTY, SUCH AFFIDAVIT
 BALLOT SHALL CAUSE THE VOTER TO BE ENROLLED IMMEDIATELY IN THAT PARTY IF
 THE BOARD OF ELECTIONS DETERMINES THAT THE VOTER REGISTERED TO VOTE  FOR
 THE FIRST TIME PURSUANT TO TITLE NINE OF THIS ARTICLE.
   4.  IF  A  VOTER  APPEARS AT A PRIMARY ELECTION AND VOTES BY AFFIDAVIT
 BALLOT INDICATING THE INTENT TO ENROLL IN  SUCH  PARTY,  SUCH  AFFIDAVIT
 BALLOT  SHALL  BE  CAST AND COUNTED IF THE BOARD OF ELECTIONS DETERMINES
 THAT THE VOTER REGISTERED TO VOTE AT LEAST TWENTY-FIVE DAYS BEFORE  THAT
 PRIMARY  PURSUANT TO TITLE NINE OF THIS ARTICLE AND SUCH VOTER IS OTHER-
 WISE QUALIFIED TO VOTE IN SUCH ELECTION.
   § 4. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
 law is amended by adding a new subparagraph (v) to read as follows:
   (V)  IF THE BOARD OF ELECTIONS FINDS THAT THE VOTER REGISTERED TO VOTE
 FOR THE FIRST TIME PURSUANT TO TITLE NINE OF ARTICLE FIVE OF THIS  CHAP-
 TER AT LEAST TWENTY-FIVE DAYS BEFORE A PRIMARY, APPEARED AT SUCH PRIMARY
 ELECTION,  AND  INDICATED ON THE AFFIDAVIT BALLOT ENVELOPE THE INTENT TO
 ENROLL IN SUCH PARTY, THE AFFIDAVIT BALLOT SHALL BE CAST AND COUNTED  IF
 THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN SUCH ELECTION.
   § 5. 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6457--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 Introduced by Sens. GIANARIS, BAILEY, GOUNARDES, KRUEGER, MYRIE, SALAZAR
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee on Rules -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to establishing  an  auto-
   matic  voter  registration process integrated within designated agency
   applications
 
   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 "New York automatic voter registration act of 2019".
   § 2. Article 5 of the election law is amended by adding a new title  9
 to read as follows:
                                 TITLE IX
                       AUTOMATIC VOTER REGISTRATION
 SECTION 5-900. INTEGRATED   PERSONAL   VOTER   REGISTRATION  APPLICATION
                   REQUIRED.
         5-902. FAILURE TO RECEIVE  EXEMPLAR  SIGNATURE  NOT  TO  PREVENT
                  REGISTRATION.
         5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
         5-906. 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  TWELVE
 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.
                                                            LBD05948-06-9

 S. 6457--A                          2
 
 OFFICE, INSTITUTION OR OTHER ENTITY DESIGNATED BY  THE  STATE  BOARD  OF
 ELECTIONS PURSUANT TO SUBDIVISION TWELVE 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. THE VOTER REGISTRATION RELATED PORTION OF EACH AGENCY'S  INTEGRATED
 APPLICATION FOR SERVICES OR ASSISTANCE SHALL:
   (A)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
 REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER
 SIGNATURE  THAT  HE  OR  SHE  MEETS  THOSE REQUIREMENTS UNDER PENALTY OF
 PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
   (B) INFORM THE APPLICANT, IN PRINT  IDENTICAL  TO  THAT  USED  IN  THE
 ATTESTATION SECTION OF THE FOLLOWING:
   (I) VOTER ELIGIBILITY REQUIREMENTS;
   (II) PENALTIES FOR SUBMISSION OF A FALSE REGISTRATION APPLICATION;
   (III)  THAT  THE  OFFICE  WHERE THE APPLICANT APPLIES FOR REGISTRATION
 SHALL REMAIN CONFIDENTIAL AND THE VOTER REGISTRATION  INFORMATION  SHALL
 BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
   (IV) THAT IF THE APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
 SUCH  APPLICANT 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 OTHER AGENCY DESIG-
 NATED BY THIS SECTION, AS THE INDIVIDUAL'S VOTER  REGISTRATION  EXEMPLAR
 SIGNATURE  IF  THE INDIVIDUAL VOTER'S EXEMPLAR SIGNATURE IS NOT PROVIDED
 WITH THE VOTER REGISTRATION APPLICATION; AND
   (V) IF THE APPLICANT DECLINES TO REGISTER, SUCH  APPLICANT'S  DECLINA-
 TION  SHALL  REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION
 PURPOSES;
   (C) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE  WHETHER  THE
 APPLICANT  WOULD  LIKE  TO  DECLINE  TO  REGISTER TO VOTE ALONG WITH THE
 STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT  CHECK  THIS  BOX,  AND  YOU
 PROVIDE  YOUR  SIGNATURE  ON  THE SPACE BELOW, YOU WILL HAVE ATTESTED TO

 S. 6457--A                          3

 YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
 TER TO VOTE.";
   (D)  INCLUDE  A WARNING STATEMENT IN PROMINENT TYPE, "IF YOU ARE NOT A
 CITIZEN OF THE UNITED STATES, DO NOT CHECK THE  VOTER  REGISTRATION  BOX
 BELOW.  NON-CITIZENS  WHO  REGISTER  TO  VOTE MAY BE SUBJECT TO CRIMINAL
 PENALTIES AND SUCH VOTER  REGISTRATION  MAY  RESULT  IN  DEPORTATION  OR
 REMOVAL,  EXCLUSION  FROM  ADMISSION  TO THE UNITED STATES, OR DENIAL OF
 NATURALIZATION.";
   (E) INCLUDE 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 AND A STATEMENT  IN  PROMINENT  TYPE
 "IF  YOU  DO  NOT  CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTICIPATE IN
 PRIMARY ELECTIONS FOR THAT PARTY".
   (F) INCLUDE A STATEMENT THAT IF AN APPLICANT IS A VICTIM  OF  DOMESTIC
 VIOLENCE OR STALKING, HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS
 IN  ORDER  TO  RECEIVE INFORMATION REGARDING THE ADDRESS CONFIDENTIALITY
 PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE UNDER  SECTION  5-508  OF  THIS
 TITLE.
   6.  INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION AND
 THE AGENCY APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE  UPON  AN
 APPLICATION.
   7.  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.
   8. 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.
   9. 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".
   10. 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.
   11. 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.
   12. 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.   EACH AGENCY SHALL ENTER  INTO  AN  AGREEMENT
 WITH  THE  STATE BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF
 ELECTRONIC TRANSMISSIONS REQUIRED BY THIS SECTION.  THE STATE  BOARD  OF
 ELECTIONS  SHALL  PREPARE  AND DISTRIBUTE TO DESIGNATED AGENCIES WRITTEN
 INSTRUCTIONS AS TO THE  IMPLEMENTATION  OF  THE  PROGRAM  AND  SHALL  BE
 RESPONSIBLE  FOR  ESTABLISHING TRAINING PROGRAMS FOR EMPLOYEES OF DESIG-
 NATED AGENCIES LISTED IN THIS  SECTION.    SUCH  INSTRUCTIONS  AND  SUCH
 TRAINING  SHALL  ENSURE  USABILITY OF THE INTEGRATED APPLICATION FOR LOW
 ENGLISH PROFICIENCY VOTERS.  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
 TRANSMISSION  OF  DATA  THROUGH  AN  INTERFACE WITH THE ELECTRONIC VOTER
 REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.

 S. 6457--A                          4
 
   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.
   §  5-902.  FAILURE TO RECEIVE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
 TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT RECEIVED FROM
 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 BY AFFIDAVIT BALLOT.
   § 5-904. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.  1. NOTWITHSTANDING
 SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR ANY OTHER LAW TO THE
 CONTRARY,  A  PERSON  WHO  IS INELIGIBLE TO VOTE WHO FAILS TO DECLINE TO
 REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THIS  SECTION  AND
 DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING THAT HE
 OR SHE IS NOT ELIGIBLE TO DO SO:
   (A)  SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
 FAILURE TO MAKE SUCH DECLINATION;
   (B) SHALL BE DEEMED TO HAVE BEEN  REGISTERED  WITH  OFFICIAL  AUTHORI-
 ZATION; AND
   (C)  SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
 SHIP.
   2. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS ARTICLE OR
 ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE  TO  VOTE  WHO
 FAILS  TO  DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
 OF THIS SECTION, WHO THEN  EITHER  VOTES  OR  ATTEMPTS  TO  VOTE  IN  AN
 ELECTION  HELD  AFTER  THE EFFECTIVE DATE OF THAT PERSON'S REGISTRATION,
 AND WHO DID NOT WILLFULLY AND KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
 THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT  SUBSEQUENTLY  VOTE
 OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
   (A)  SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
 FAILURE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE;
   (B) SHALL BE DEEMED TO HAVE BEEN  REGISTERED  WITH  OFFICIAL  AUTHORI-
 ZATION; AND
   (C)  SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
 SHIP.
   § 5-906. 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.

 S. 6457--A                          5
 
   § 3. The election law is amended by adding a new section 5-308 to read
 as follows:
   §  5-308.  ENROLLMENT;  AUTOMATIC  VOTER REGISTRATION. 1. THE BOARD OF
 ELECTIONS SHALL, PROMPTLY AND  NOT  LATER  THAN  TWENTY-ONE  DAYS  AFTER
 RECEIPT  OF A VOTER REGISTRATION APPLICATION SUBMITTED PURSUANT TO TITLE
 NINE OF THIS ARTICLE BY A VOTER REGISTERING FOR THE FIRST TIME, SEND ANY
 SUCH VOTER WHO DID NOT ENROLL IN A PARTY A NOTICE AND A FORM TO INDICATE
 PARTY ENROLLMENT, WITH RETURN POSTAGE PAID BY THE  BOARD  OF  ELECTIONS.
 SUCH NOTICE SHALL OFFER THE VOTER THE OPPORTUNITY TO ENROLL WITH A PARTY
 OR  TO  DECLINE TO ENROLL WITH A PARTY AND CONTAIN A STATEMENT IN PROMI-
 NENT TYPE "IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE ABLE TO  PARTIC-
 IPATE  IN  PRIMARY  ELECTIONS FOR THAT PARTY." SUCH FORM SHALL PROVIDE A
 CLEAR ALTERNATIVE FOR THE APPLICANT TO DECLINE  TO  AFFILIATE  WITH  ANY
 PARTY.  IF  THE  BOARD  OF  ELECTIONS HAS NOT RECEIVED A RESPONSE TO THE
 PARTY ENROLLMENT NOTICE AND FORM WITHIN FORTY-FIVE DAYS OF THE  APPLICA-
 TION,  THE  BOARD  SHALL  MAIL  A  SECOND SIMILAR NOTICE AND FORM TO THE
 VOTER.
   2. NOTWITHSTANDING SUBDIVISION TWO OF SECTION 5-304 OF THIS TITLE,  IF
 A VOTER WHO REGISTERED TO VOTE FOR THE FIRST TIME PURSUANT TO TITLE NINE
 OF  THIS  ARTICLE  RESPONDS TO THE NOTICE REQUIRED BY SUBDIVISION ONE OF
 THIS SECTION AND ELECTS TO ENROLL IN A PARTY, SUCH ENROLLMENT SHALL TAKE
 EFFECT IMMEDIATELY.
   3. IF A VOTER APPEARS AT A PRIMARY ELECTION  AND  VOTES  BY  AFFIDAVIT
 BALLOT  INDICATING  THE  INTENT  TO ENROLL IN SUCH PARTY, SUCH AFFIDAVIT
 BALLOT SHALL CAUSE THE VOTER TO BE ENROLLED IMMEDIATELY IN THAT PARTY IF
 THE BOARD OF ELECTIONS DETERMINES THAT THE VOTER REGISTERED TO VOTE  FOR
 THE FIRST TIME PURSUANT TO TITLE NINE OF THIS ARTICLE.
   4.  IF  A  VOTER  APPEARS AT A PRIMARY ELECTION AND VOTES BY AFFIDAVIT
 BALLOT INDICATING THE INTENT TO ENROLL IN  SUCH  PARTY,  SUCH  AFFIDAVIT
 BALLOT  SHALL  BE  CAST AND COUNTED IF THE BOARD OF ELECTIONS DETERMINES
 THAT THE VOTER REGISTERED TO VOTE AT LEAST TWENTY-FIVE DAYS BEFORE  THAT
 PRIMARY  PURSUANT TO TITLE NINE OF THIS ARTICLE AND SUCH VOTER IS OTHER-
 WISE QUALIFIED TO VOTE IN SUCH ELECTION.
   § 4. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
 law is amended by adding a new subparagraph (v) to read as follows:
   (V)  IF THE BOARD OF ELECTIONS FINDS THAT THE VOTER REGISTERED TO VOTE
 FOR THE FIRST TIME PURSUANT TO TITLE NINE OF ARTICLE FIVE OF THIS  CHAP-
 TER AT LEAST TWENTY-FIVE DAYS BEFORE A PRIMARY, APPEARED AT SUCH PRIMARY
 ELECTION,  AND  INDICATED ON THE AFFIDAVIT BALLOT ENVELOPE THE INTENT TO
 ENROLL IN SUCH PARTY, THE AFFIDAVIT BALLOT SHALL BE CAST AND COUNTED  IF
 THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN SUCH ELECTION.
   § 5. 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.