S T A T E O F N E W Y O R K
________________________________________________________________________
6111
2023-2024 Regular Sessions
I N A S S E M B L Y
April 3, 2023
___________
Introduced by M. of A. NORRIS -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to voter identification
cards
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, 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 [photo] GOVERNMENT ISSUED 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
(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] GOVERNMENT ISSUED identification[; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10453-03-3
A. 6111 2
(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].
(3) A CURRENT AND VALID GOVERNMENT ISSUED IDENTIFICATION SHALL CONTAIN
A REGISTERED VOTER'S SIGNATURE AND OR PHOTO, AND SUCH IDENTIFICATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO: A NEW YORK STATE DRIVER'S LICENSE
OR NON-DRIVER ID; A UNITED STATES PASSPORT; AN IDENTIFICATION CARD
ISSUED BY A UNITED STATES EDUCATIONAL INSTITUTION; A UNITED STATES MILI-
TARY IDENTIFICATION CARD; A GOVERNMENT ISSUED MEDICAL CARD; ANY IDEN-
TIFICATION CARD ISSUED BY THE UNITED STATES OR THE STATE OF NEW YORK; OR
A NEW YORK STATE VOTER IDENTIFICATION CARD.
(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] DOES NOT POSSESS A CURRENT AND VALID GOVERNMENT
ISSUED IDENTIFICATION, may cast an affidavit ballot[, and notwithstand-
ing this section of law, such]. 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 THE INDIVIDUAL PRODUCES TO THE LOCAL BOARD
OF ELECTIONS A CURRENT AND VALID GOVERNMENT ISSUED IDENTIFICATION WITHIN
SEVEN DAYS OF CASTING THAT BALLOT AND that such ballot otherwise
complies with the requirements of law.
(2) An individual who desires to vote by [mail] ABSENTEE BALLOT but
who does not [meet the requirements of subparagraph two of paragraph (a)
of this subdivision] PROVIDE A COPY OF A CURRENT AND VALID GOVERNMENT
ISSUED IDENTIFICATION, may cast such a ballot by mail and such ballot
shall be duly cast and counted[, notwithstanding this section, provided
the voter is determined to be an eligible voter and] provided [further],
THAT THE INDIVIDUAL PRODUCES TO THE LOCAL BOARD OF ELECTIONS A CURRENT
AND VALID GOVERNMENT ISSUED IDENTIFICATION WITHIN SEVEN DAYS OF CASTING
THAT BALLOT AND that such ballot otherwise complies with the require-
ments 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
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(3) entitled to vote otherwise than in person under any other federal
law.]
§ 2. Subdivisions 16-a and 16-b of section 3-102 of the election law,
subdivision 16-a as amended by section 91 of subpart B of part C of
chapter 62 of the laws of 2011 and subdivision 16-b as added by chapter
103 of the laws of 2021, are amended and a new paragraph 16-c is added
to read as follows:
16-a. provide the department of corrections and community supervision
with a sufficient number of voter registration forms to allow the
department of corrections and community supervision to comply with the
duty to provide such voter registration forms to persons upon the expi-
ration of their maximum sentence of imprisonment. Such voter registra-
tion forms shall be addressed to the state board of elections[.]; OR
16-b. [Develop] DEVELOP and implement a program to educate attorneys,
judges, election officials, corrections officials, including parole and
probation officers, and members of the public regarding the requirements
of the chapter of the laws of two thousand twenty-one which added this
subdivision[.]; OR
16-C. PROMULGATE RULES AND REGULATIONS RELATING TO THE PROCESSING AND
ISSUING OF VOTER IDENTIFICATION CARDS UPON RECEIVING COMPLETED VOTER
REGISTRATION FORMS.
§ 3. The election law is amended by adding a new section 3-111 to
read as follows:
§ 3-111. VOTER IDENTIFICATION CARDS. 1. UPON RECEIPT OF A COMPLETED
VOTER REGISTRATION FORM AND UPON BEING SATISFIED THAT THE PERSON
DESCRIBED IS THE APPLICANT AND THAT SUCH APPLICANT MEETS THE REQUIRE-
MENTS SET FORTH IN ARTICLE FIVE OF THIS CHAPTER THE STATE BOARD OF
ELECTIONS SHALL ISSUE TO SUCH APPLICANT A VOTER IDENTIFICATION CARD FOR
THE PURPOSES OF VOTING.
2. VOTER IDENTIFICATION CARDS SHALL CONTAIN, AND PROMINENTLY DISPLAY,
A REGISTERED VOTERS NAME, ADDRESS, POLITICAL PARTY AFFILIATION, VOTER
STATUS, AND VOTER SIGNATURE WHICH HAS BEEN FILED WITH THE STATE BOARD OF
ELECTIONS.
3. NOTHING IN THIS SECTION SHALL PROHIBIT THE IDENTIFICATION CARD FROM
CONTAINING THE PHOTOGRAPH OF THE HOLDER PURSUANT TO REGULATIONS ESTAB-
LISHED BY THE STATE BOARD OF ELECTIONS.
4. THE STATE BOARD OF ELECTIONS SHALL NOT REQUIRE, NOR REQUEST, ANY
FEES FOR THE ISSUANCE OR REISSUANCE OF A VOTER IDENTIFICATION CARD.
§ 4. Section 8-410 of the election law, as amended by chapter 228 of
the laws of 2022, is amended to read as follows:
§ 8-410. Absentee voting; method of. The absentee voter shall mark an
absentee ballot as provided for paper ballots or ballots prepared for
counting by ballot counting machines. He or she shall make no mark or
writing whatsoever upon the ballot, except as above prescribed, and
shall see that it bears no such mark or writing. He or she shall make no
mark or writing whatsoever on the outside of the ballot. In cases where
the express intent of the voter is unambiguous, any stray marks or writ-
ing shall not be a basis for voiding a ballot. After marking the ballot
or ballots he or she shall fold each such ballot and enclose them in the
envelope and seal the envelope. He or she shall then take and subscribe
the oath on the envelope, with blanks properly filled in. The envelope,
containing the ballot or ballots AND A COPY OF A GOVERNMENT ISSUED IDEN-
TIFICATION CARD AS PRESCRIBED IN SECTION 8-303 OF THIS ARTICLE, shall
then be mailed or delivered to the board of elections of the county or
city of his or her residence.
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§ 5. Paragraph (b) of subdivision 3 of section 9-209 of the election
law, as added by chapter 763 of the laws of 2021, is amended to read as
follows:
(b) A curable defect includes instances where the ballot envelope: (i)
is unsigned; (ii) has a signature that does not correspond to the regis-
tration signature; (iii) has no required witness to a mark; (iv) is
returned without a ballot affirmation envelope in the return envelope;
(v) has a ballot affirmation envelope that is signed by the person that
has provided assistance to the voter but is not signed or marked by the
voter; [or] (vi) contains the signature of someone other than the voter
and not of the voter; OR (VII) DOES NOT INCLUDE A COPY OF A GOVERNMENT
ISSUED IDENTIFICATION CARD.
§ 6. This act shall take effect immediately.