S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5435
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in relation to the registration status
   of voters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 17-106 of the election law, as amended by chapter 9
 of the laws of 1978, is amended to read as follows:
   §  17-106.  Misconduct  of election officers. Any election officer who
 wilfully refuses to accord to any duly  accredited  watcher  or  to  any
 voter  or  candidate  any right given him by this chapter, INCLUDING THE
 CANCELLATION OF A VOTER'S REGISTRATION IN VIOLATION OF SECTION 5-400  OF
 THIS  CHAPTER  OR  THE  REFUSAL TO ALLOW AN INDIVIDUAL TO VOTE DUE TO AN
 INACTIVE STATUS IN VIOLATION OF SECTION 5-213 OF THIS  CHAPTER,  or  who
 wilfully  violates  any  provision  of  the election law relative to the
 registration of electors or to the taking, recording, counting, canvass-
 ing, tallying or certifying  of  votes,  or  who  wilfully  neglects  or
 refuses  to  perform any duty imposed on him by law, or is guilty of any
 fraud in the execution of the duties of his office, or connives  in  any
 electoral fraud, or knowingly permits any such fraud to be practiced, is
 guilty of a felony.
   § 2. Subdivision 1 of section 5-400 of the election law, as amended by
 chapter  659 of the laws of 1994 and paragraph (a) as amended by chapter
 3 of the laws of 2019, is amended to read as follows:
   1. A voter's registration[, including the registration of a  voter  in
 inactive  status,]  shall  be cancelled if[,]: (A) since the time of his
 last registration, he:
   [(a)] (I) Moved his or her residence outside the state[.];
   [(b)] (II) Was convicted of a felony  disqualifying  him  from  voting
 pursuant to the provisions of section 5-106 of this article[.];
   [(c)] (III) Has been adjudicated an incompetent[.];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08974-01-1

 A. 5435                             2
 
   [(d)] (IV) Refused to take a challenge oath[.];
   [(e)] (V) Has died[.];
   [(f)  Did not vote in any election conducted by the board of elections
 during the period ending with  the  second  general  election  at  which
 candidates  for  federal  office  are  on  the ballot after his name was
 placed in inactive status and for whom the board of elections  did  not,
 during  such period, in any other way, receive any information that such
 voter still resides in the same county or city.
   (g)] (VI) Personally requested to have his name removed from the  list
 of registered voters[.];
   [(h)]  (VII)  For  any other reason, is no longer qualified to vote as
 provided in this chapter[.]; AND
   (B) THE BOARD OF ELECTIONS VERIFIES  THAT  ONE  OF  THE  CIRCUMSTANCES
 PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION HAS OCCURRED.
   §  3.  Subdivisions  2  and 3 of section 5-213 of the election law, as
 amended by chapter 200 of the laws of  1996,  are  amended  to  read  as
 follows:
   2.  The  registration poll records of all such voters shall be removed
 from the poll ledgers and [maintained at] COMPILED BY the offices of the
 board of elections [in a file arranged alphabetically by] AND PLACED  IN
 AN  INACTIVE  POLL  LEDGER  TO  BE DISTRIBUTED TO EACH election district
 WITHIN A COUNTY.   If such board uses  computer  generated  registration
 lists,  the  names  of  such voters shall not be placed on such lists at
 subsequent  elections  other  than  lists  prepared  pursuant   to   the
 provisions  of  section  5-612  of  this article but shall be [kept as a
 computer record at the offices of such board] COMPILED BY THE OFFICES OF
 THE BOARD OF ELECTIONS AND PLACED IN  AN  INACTIVE  POLL  LEDGER  TO  BE
 DISTRIBUTED TO EACH ELECTION DISTRICT WITHIN A COUNTY.
   3.  The  board of elections shall restore the registration of any such
 voter to active status if such voter notifies  the  board  of  elections
 that he resides at the address from which he is registered, or the board
 finds  that  such  voter  has validly signed a designating or nominating
 petition which states that he resides at such address, or if such  voter
 casts  a ballot in an affidavit envelope which states that he resides at
 such address, or if the board receives notice that such voter has  voted
 in  an  election  conducted with registration lists prepared pursuant to
 the provisions of section 5-612 of this article.  IF SUCH VOTER CASTS  A
 BALLOT IN AN AFFIDAVIT ENVELOPE AND SUCH BALLOT MEETS ALL OTHER REQUIRE-
 MENTS  OF  THIS  CHAPTER,  SUCH VOTER'S NAME SHALL BE RESTORED TO ACTIVE
 STATUS FOR SUCH ELECTION AND  SUCH  BALLOT  SHALL  BE  COUNTED  FOR  THE
 ELECTION  IN  WHICH IT WAS CAST. If any such notification or information
 is received twenty days or more before a  primary,  special  or  general
 election,  the  voter's  name must be restored to active status for such
 election.
   § 4. This act shall take effect immediately.