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
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   (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
 A. 6111                             3

   (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.