S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4326
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO,  MONTESANO,  BRABENEC, B. MILLER,
   NORRIS, DiPIETRO, McDONOUGH, SALKA, REILLY, MANKTELOW, BYRNE, BLANKEN-
   BUSH, M. MILLER -- read once and referred to the Committee on Election
   Law
 
 AN ACT to amend the election law, the administrative code of the city of
   New York, the public health law and the vehicle and  traffic  law,  in
   relation to requiring a government issued photo identification card to
   be presented when casting a ballot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8-303 of the election law, as added by chapter  420
 of the laws of 2004 and subparagraph 1 of paragraph (b) of subdivision 3
 as  amended  by  chapter  160 of the laws of 2005, is amended to read as
 follows:
   § 8-303. [Initial voter] VOTER identification. 1. Applicability.  Each
 board  of  elections,  in  a uniform and nondiscriminatory manner, shall
 require a voter to meet the requirements  of  subdivision  two  of  this
 section [if:
   (a)  the individual registered to vote in a jurisdiction by mail on or
 after January first, two thousand three; and
   (b) the individual has not previously voted in an election for federal
 office in the jurisdiction of the board of elections].
   2. Requirements. (a) In general. An individual meets the  requirements
 of this subdivision if the individual:
   (1)  in  the case of an individual who votes in person[: (i)] presents
 to the appropriate election inspector, clerk or  coordinator  a  current
 and valid GOVERNMENT ISSUED photo identification; [or
   (ii)  presents to the appropriate election inspector, clerk or coordi-
 nator 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;] or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08113-01-1

 A. 4326                             2
 
   (2) in the case of an individual who votes by  mail,  submits  in  the
 outer  envelope with the envelope containing the ballot: [(i)] a copy of
 a current and valid GOVERNMENT ISSUED photo identification[; or
   (ii)  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].
   A  CURRENT  AND  VALID  GOVERNMENT  ISSUED  PHOTO IDENTIFICATION SHALL
 INCLUDE: A NEW YORK STATE DRIVER'S LICENSE OR NON-DRIVER  ID;  A  UNITED
 STATES PASSPORT; AN IDENTIFICATION CARD ISSUED BY A UNITED STATES EDUCA-
 TIONAL  INSTITUTION;  A  UNITED  STATES  MILITARY IDENTIFICATION CARD; A
 GOVERNMENT ISSUED MEDICAL CARD OR ANY IDENTIFICATION CARD ISSUED BY  THE
 UNITED STATES OR THE STATE OF NEW YORK.
   (b)  Fail-safe  voting.  [(1)]  An  individual  who desires to vote in
 person, but who does not meet the requirements of [subparagraph  one  of
 paragraph (a) of] this subdivision[,] may [cast an affidavit ballot, and
 notwithstanding this section of law, such affidavit ballot shall be duly
 cast and counted, even though such individual does not meet the require-
 ments of subparagraph one of paragraph (a) of this subdivision, provided
 such  individual  casting  such  ballot  is  an otherwise eligible voter
 pursuant to law, provided further that such  ballot  otherwise  complies
 with the requirements of law.
   (2)  An  individual  who desires to vote by mail but who does not meet
 the requirements of subparagraph two of paragraph (a) of  this  subdivi-
 sion  may  cast such a ballot by mail and such ballot shall be duly cast
 and counted, notwithstanding this section, provided the voter is  deter-
 mined  to  be  an  eligible  voter and provided further that such ballot
 otherwise complies with the requirements of law.
   3. Inapplicability. Subdivisions one and two of this section shall not
 apply in the case of a person: (a) who registers to  vote  by  mail  and
 submits as part of such registration either:
   (1) a copy of a current and valid photo identification; or
   (2)  a  copy  of  a  current  utility bill, bank statement, government
 check, paycheck, or government document that shows the name and  address
 of the voter;
   (b)  (1) who registers to vote by mail and submits with such registra-
 tion either:
   (i) a driver's license or a department of  motor  vehicles  non-driver
 photo ID number; or
   (ii) at least the last four digits of the individual's social security
 number; and
   (2) with respect to whom a local board of elections matches the infor-
 mation submitted under subparagraph one of this paragraph with an exist-
 ing  state  identification  record  bearing the number, name and date of
 birth of such voter; or
   (c) who is:  (1)  entitled  to  vote  by  absentee  ballot  under  the
 Uniformed  and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
 et seq.);
   (2) provided the right to vote otherwise than in person under  section
 3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Hand-
 icapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
   (3)  entitled to vote otherwise than in person under any other federal
 law] OBTAIN A NON-DRIVER IDENTIFICATION FROM  THE  DEPARTMENT  OF  MOTOR
 VEHICLES IF HE OR SHE DOES THE FOLLOWING:
   (1)  (I)  IF AN INDIVIDUAL DOES NOT POSSESS THE DOCUMENTATION ACCEPTED
 BY THE COMMISSIONER OF MOTOR VEHICLES TO RECEIVE A NON-DRIVER  IDENTIFI-
 CATION, PURSUANT TO SECTION FOUR HUNDRED NINETY OF THE VEHICLE AND TRAF-

 A. 4326                             3
 
 FIC LAW, SUCH INDIVIDUAL SHALL OBTAIN THE AFFIDAVIT PROVIDED IN SUBDIVI-
 SION  THREE  OF THIS SECTION FROM A COUNTY, CITY, TOWN OR VILLAGE CLERK,
 THE DEPARTMENT OF HEALTH, THE NEW YORK CITY DEPARTMENT OF MENTAL  HEALTH
 AND HYGIENE OR THE DEPARTMENT OF MOTOR VEHICLES.
   (II)  WHEN THE SIGNED AFFIDAVIT IS RECEIVED BY THE COUNTY, CITY, TOWN,
 OR VILLAGE WHERE THE INDIVIDUAL WAS BORN OR THE DEPARTMENT OF HEALTH  OR
 THE  NEW YORK CITY DEPARTMENT OF MENTAL HEALTH AND HYGIENE, IF THE INDI-
 VIDUAL WAS BORN IN THE CITY OF NEW YORK, NO LATER THAN THE  SEVENTH  DAY
 BEFORE THE ELECTION, IT SHALL BE THE DUTY OF THE CLERK OR THE DEPARTMENT
 TO  PROVIDE  THE  INDIVIDUAL A CERTIFIED COPY OR CERTIFIED TRANSCRIPT OF
 THE INDIVIDUAL'S RECORD OF BIRTH AT NO COST TO THE  REQUESTING  INDIVID-
 UAL, IF THE CLERK OR DEPARTMENT HAS ACCESS TO THE INDIVIDUAL'S RECORD OF
 BIRTH.
   (III)  NO LATER THAN THE SEVENTH DAY BEFORE THE ELECTION, THE INDIVID-
 UAL SHALL PRESENT HIS OR HER RECORD OF BIRTH AND THE SIGNED AFFIDAVIT TO
 THE DEPARTMENT OF MOTOR  VEHICLES.  UPON  RECEIPT  OF  THE  INDIVIDUAL'S
 RECORD  OF  BIRTH  AND  THE  SIGNED AFFIDAVIT, THE COMMISSIONER OF MOTOR
 VEHICLES SHALL ISSUE THE INDIVIDUAL A NON-DRIVER IDENTIFICATION CARD  AT
 NO  COST  TO  THE INDIVIDUAL, PURSUANT TO SECTION FOUR HUNDRED NINETY OF
 THE VEHICLE AND TRAFFIC LAW.
   (2) (I) IF AN INDIVIDUAL DOES POSSESS THE  DOCUMENTATION  ACCEPTED  BY
 THE  COMMISSIONER  OF MOTOR VEHICLES TO RECEIVE A NON-DRIVER IDENTIFICA-
 TION PURSUANT TO SECTION FOUR HUNDRED NINETY OF THE VEHICLE AND  TRAFFIC
 LAW,  SUCH  INDIVIDUAL SHALL OBTAIN AN AFFIDAVIT PROVIDED IN SUBDIVISION
 THREE OF THIS SECTION FROM A COUNTY, CITY, TOWN, OR VILLAGE  CLERK,  THE
 DEPARTMENT  OF HEALTH, THE NEW YORK CITY DEPARTMENT OF MENTAL HEALTH AND
 HYGIENE, OR THE DEPARTMENT OF MOTOR VEHICLES.
   (II) NO LATER THAN THE SEVENTH DAY BEFORE THE ELECTION, THE INDIVIDUAL
 SHALL PRESENT THE SIGNED AFFIDAVIT AND THE ACCEPTED DOCUMENTATION TO THE
 DEPARTMENT OF MOTOR VEHICLES. UPON RECEIPT OF THE INDIVIDUAL'S  DOCUMEN-
 TATION  AND  THE  SIGNED  AFFIDAVIT,  THE COMMISSIONER OF MOTOR VEHICLES
 SHALL ISSUE THE INDIVIDUAL A NON-DRIVER IDENTIFICATION CARD AT  NO  COST
 TO THE INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINETY OF THE VEHICLE
 AND TRAFFIC LAW.
   3.  AFFIDAVIT.  THE  BOARD  OF ELECTIONS SHALL FURNISH AN AFFIDAVIT TO
 COUNTY, CITY, TOWN AND VILLAGE CLERKS, AS WELL AS TO THE  DEPARTMENT  OF
 MOTOR  VEHICLES, THE DEPARTMENT OF HEALTH, AND THE NEW YORK CITY DEPART-
 MENT OF HEALTH AND MENTAL HYGIENE, WHICH AN INDIVIDUAL SHALL SIGN IN INK
 AND WHICH SHALL CONTAIN THE FOLLOWING INFORMATION AND  SUBSTANTIALLY  BE
 IN THE FOLLOWING FORM:
   I,  THE  UNDERSIGNED,  DO  HEREBY  SWEAR THAT IT IS SEVEN OR MORE DAYS
 BEFORE THE NEXT ELECTION ON ............................ AND  I  DO  NOT
 POSSESS  A  VALID  GOVERNMENT  ISSUED PHOTO FOR PURPOSES OF VOTING. I DO
 HEREBY REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE ME A NON-DRIVER
 IDENTIFICATION FOR PURPOSES OF VOTING IN THE NEXT ELECTION ON THE AFORE-
 MENTIONED DATE.
 
 DATE: .............................
                                       ..................................
                                             (SIGNATURE OF APPLICANT)
 
 ON THE DATE ABOVE INDICATED BEFORE  ME  PERSONALLY  CAME  THE  APPLICANT
 WHOSE  SIGNATURE  APPEARS ON THIS AFFIDAVIT, WHO SIGNED SAME IN MY PRES-
 ENCE AND WHO, BEING BY ME DULY SWORN, SAID THAT THE FOREGOING  STATEMENT
 MADE AND SUBSCRIBED BY HIM OR HER, WAS TRUE.

 A. 4326                             4
 
 DATE:..................
                                         ................................
                                           (SIGNATURE AND OFFICIAL TITLE
                                           OF OFFICER ADMINISTERING OATH)
 
   §  2. Subdivision 2 of section 8-400 of the election law is amended by
 adding a new paragraph (e) to read as follows:
   (E) ALL APPLICATIONS SHALL BE ACCOMPANIED BY A COPY OF THE APPLICANT'S
 VALID GOVERNMENT ISSUED PHOTO  IDENTIFICATION  AS  REQUIRED  BY  SECTION
 8-303  OF  THIS  ARTICLE.  AN  INDIVIDUAL  MAY OBTAIN A VALID GOVERNMENT
 ISSUED PHOTO IDENTIFICATION FOR NO CHARGE AS PRESCRIBED IN PARAGRAPH (B)
 OF SUBDIVISION TWO OF SECTION 8-303 OF THIS ARTICLE.
   § 3. Subdivision a of section 17-169 of the administrative code of the
 city of New York is amended by adding a new paragraph  1-a  to  read  as
 follows:
   1-A.  A  CERTIFIED COPY OR CERTIFIED TRANSCRIPT OF THE RECORD OF BIRTH
 SHALL BE ISSUED UPON RECEIPT OF AN AFFIDAVIT SIGNED BY A PERSON,  SIGNED
 NO  LATER THAN THE SEVENTH DAY BEFORE AN ELECTION, PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION TWO OF SECTION 8-303 OF THE  ELECTION  LAW.  IN  SUCH
 INSTANCE,  SUCH  BIRTH  CERTIFICATE  SHALL  BE  ISSUED AT NO COST TO THE
 PERSON.
   § 4. Subdivision 1 of section 4174 of the public health law is amended
 by adding a new paragraph (b-1) to read as follows:
   (B-1) UPON RECEIPT OF AN AFFIDAVIT SIGNED BY AN APPLICANT,  SIGNED  NO
 LATER THAN THE SEVENTH DAY BEFORE AN ELECTION, PURSUANT TO PARAGRAPH (B)
 OF SUBDIVISION TWO OF SECTION 8-303 OF THE ELECTION LAW, EITHER A CERTI-
 FIED COPY OR CERTIFIED TRANSCRIPT OF SUCH APPLICANT'S BIRTH CERTIFICATE.
 IN  SUCH  INSTANCE, SUCH BIRTH CERTIFICATE SHALL BE ISSUED AT NO COST TO
 THE APPLICANT;
   § 5. Paragraph (a) of subdivision 3 of section 490 of the vehicle  and
 traffic  law  is  amended  by  adding a new subparagraph (iv) to read as
 follows:
   (IV) IN THE CASE OF A PERSON WHO IS ISSUED AN IDENTIFICATION CARD  FOR
 PURPOSES  OF  VOTING  PURSUANT TO SECTION 8-303 OF THE ELECTION LAW, THE
 COMMISSIONER SHALL ISSUE AN IDENTIFICATION CARD WITHOUT THE  PAYMENT  OF
 ANY  FEE,  UPON SUCH PERSON SUBMITTING A SWORN AFFIDAVIT, AS PROVIDED IN
 SECTION 8-303 OF THE ELECTION LAW AND A  CERTIFICATE  OF  BIRTH  OR  ANY
 OTHER  FORM  OF  DOCUMENTATION ACCEPTED BY THE COMMISSIONER TO PROVE THE
 PERSON'S IDENTITY. AN IDENTIFICATION ISSUED PURSUANT  TO  THIS  SUBPARA-
 GRAPH SHALL EXPIRE FOUR YEARS AFTER THE DATE OF ISSUANCE.
   § 6. This act shall take effect immediately.