S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8180
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by M. of A. MIKULIN -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation  to  requiring  voters  to
   provide  a  current  and  valid  social security number when casting a
   ballot to vote
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 5-212 of the election law, as
 added by chapter 659 of the laws of 1994, is amended to read as follows:
   3. The voter registration portion of such forms:
   (a) shall not require any information that duplicates the  information
 required  on  the  application  for the driver license portion and shall
 require only such  additional  information,  including  the  applicant's
 signature,  as  will enable election officials to assess the applicant's
 eligibility to register to vote, prevent duplicate registration  and  to
 administer voter registration and other parts of the election process.
   (b)  shall  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.
   (c) shall 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 false registration application;
   (iii) that the office where applicant registers shall remain confiden-
 tial and the information be used only for voter registration purposes;
   (iv) if the applicant declines to register,  his  OR  HER  declination
 shall  remain  confidential  and  be  used  only  for voter registration
 purposes[;].
   (D) NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  SHALL
 REQUIRE THE APPLICANT TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11211-01-1

 A. 8180                             2
 
   § 2. Section 8-303 of the election law, as added by chapter 420 of the
 laws  of  2004,  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 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 [photo identification] GOVERNMENT ISSUED SOCIAL SECURITY CARD; 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
   (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 [photo identification] GOVERNMENT ISSUED SOCIAL SECU-
 RITY CARD; 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.
   (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 notwithstand-
 ing  this  section  of law, such affidavit ballot shall be duly cast and
 counted, even though such individual does not meet the  requirements  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]  GOVERNMENT
 ISSUED SOCIAL SECURITY CARD; 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 securi-
 ty number; and

 A. 8180                             3
 
   (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.
   §  3.  Paragraph (d) of subdivision 3 of section 8-400 of the election
 law, as amended by chapter 63 of the laws of 2010, is amended to read as
 follows:
   (d) A COPY OF A CURRENT AND VALID SOCIAL SECURITY CARD.
   (E) Such application shall permit the applicant to apply for an absen-
 tee ballot for either a primary election or the general election in  any
 year  and  for  those persons who will be continuously absent from their
 county of residence during the period between the fall primary  election
 and  the general election in any year to apply for ballots for both such
 elections in such year. A voter who applies for an absentee ballot shall
 be sent an absentee ballot for any special election  or  winter  primary
 that occurs during the period of absence specified in the application.
   § 4. This act shall take effect immediately.