NY State Senate Bill 2023-S4380

Senate Bill S4380

2023-2024 Legislative Session

Allows any qualified person to apply for voter registration and enrollment by application made with an application for any hunting or fishing license

download bill text pdf

Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Feb 07, 2023	referred to elections

2023-S4380 (ACTIVE) - Details

See Assembly Version of this Bill:: A5061
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §5-217, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2960
2011-2012: A4222
2013-2014: A4903
2015-2016: A4982
2017-2018: A3562
2019-2020: S5303, A4985
2021-2022: S6248, A6422

2023-S4380 (ACTIVE) - Summary

Allows any qualified person to apply for voter registration and enrollment by application made with an application for any hunting or fishing license.

2023-S4380 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4380

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend the election law, in relation to the registration and
enrollment of voters

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow individuals the opportunity to register at the same time they
apply for a hunting license, fishing license, and any combination of
both.

 
SUMMARY OF PROVISIONS:

Section 1: Allows for any qualified individual to apply for voter regis-
tration simultaneously with their application for a hunting
license,fishing license, or any combination of both.

Section 2: Requires the Department of Environmental Conservation (DEC)
with the approval of the Board of Elections to design a form that will

serve as an application for registration and enrollment.  Clarifies that
DEC will incur the costs for the creation of such form.

Section 3: Outlines the required provisions of the voter registration
portion of the form.

Section 4: Requires the form to bear certain questions, statements, and
information.

Section 5: Requires DEC to retain the form that declines voter registra-
tion for a certain time period.

Section 6: Requires DEC to transmit the voter registration form to the
appropriate Board of Elections.

Section 7: Requires DEC to transmit applications within certain time
frames.

Section 8: Prohibits the disclosure of voter registration information
for any other purpose than voter registration by DEC or its employees.

Section 9: Requires Board of Elections to process the application and
send appropriate notice of approval or rejection.

Section 10: Requires strict neutrality with respect to an individual's
party enrollment and all individuals seeking registration shall be told
that government services are not conditioned on being registered to
vote.

Section 11: Prohibits any statement or action from being made to
discourage an individual from registering to vote.

Section 12: Requires DEC to provide any individual who chooses to regis-
ter to vote the same assistance as the individual would be given to fill
out the DEC forms.


Section 13: Requires the State Board of Elections to promulgate rules
and regulations that may be necessary to carry out the provisions of
this act.

Section 14: The State Board of Elections shall develop and distribute
public information and promotional material relating to the implementa-
tion of this program.

Section 15: Requires the State Board of Elections to prepare and
distribute written instruction to the DEC and shall be responsible for
establishing training programs for DEC employees.

Section 16: Requires DEC to take all actions which are necessary for the
implementation of the program. Directs the DEC to designate at least one
person within the agency as the voter registration coordinator.

 
JUSTIFICATION:

In 1993 the National Voter Registration Act was enacted by Congress.Part
of this law included provisions that required states to provide all
citizens the opportunity to register to vote when they apply for or
renew a driver's license. It then directs the Department of Motor Vehi-
cles to forward the application to the appropriate election official.
The enactment of the "motor voter" law has led to an increase in the
number of registered voters in New York State and throughout the coun-
try. While the "motor voter" law has been successful, there is still a
large population of individuals who do not operate a motor vehicle and
therefore do not have access to this convenient voter registration meth-
od.

This legislation is designed to expand on the ideas set forth in the
"motor voter" law to hunting and fishing licenses. Under this proposal,
the Department of Environmental Conservation must amend its hunting and
fishing license applications to include an application for voter regis-
tration, similar to the current driver's license application. In New
York State there are more than 2 million licensed hunters and anglers.
These citizens will have the opportunity to register to vote in a simi-
lar manner of ease as provided under the "motor voter" provisions. The
effect of this law will be far reaching as it will present New Yorkers
with a simple voter registration option which will increase the number
of registered voters in this state and help to further develop wide-
spread participation in New York State elections.

 
PRIOR LEGISLATIVE HISTORY:

2005-06 A10374 Held for consideration in Election law

2007-08 A3875 Held for consideration in Election law

2009-10 A2960 Held for consideration in election law

2011-12 A4222 Held for consideration in election law. Same as S.6351
Passed Senate 06/11/12

2013-14 A4903 Held for consideration in election law

2015-16 A4982 Held for consideration in election law

2017-18 A3562 Held for consideration in election law

2019-20 A4985 Held for consideration in election law

2021-2022 S6248 Referred to Elections

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
One hundred and eighty days after it shall have become a law; provided,
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.

2023-S4380 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4380
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to  the  registration  and
   enrollment of voters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The election law is amended by adding a new  section  5-217
 to read as follows:
   §  5-217.  ADDITIONAL REGISTRATION. 1. IN ADDITION TO ANY OTHER METHOD
 OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED PERSON
 MAY APPLY FOR REGISTRATION AND ENROLLMENT BY APPLICATION MADE SIMULTANE-
 OUSLY AND INTEGRATED  WITH  AN  APPLICATION  FOR  ANY  TYPE  OF  HUNTING
 LICENSE, A FISHING LICENSE, AND ANY COMBINATION OF BOTH.
   2.  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WITH THE APPROVAL OF
 THE STATE BOARD OF ELECTIONS, SHALL DESIGN A FORM OR FORMS WHICH  SHALL,
 IN  ADDITION  TO  ELICITING  SUCH  INFORMATION AS MAY BE REQUIRED BY THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A  HUNTING  LICENSE  AND/OR
 FISHING  LICENSE,  SERVE  AS AN APPLICATION FOR REGISTRATION AND ENROLL-
 MENT, OR A REGISTRATION NECESSITATED BY A CHANGE OF RESIDENCE. THE  COST
 OF  SUCH FORMS SHALL BE BORNE BY THE DEPARTMENT OF ENVIRONMENTAL CONSER-
 VATION.
   3. THE VOTER REGISTRATION PORTION OF SUCH FORMS SHALL:
   (A) NOT  REQUIRE  ANY  INFORMATION  THAT  DUPLICATES  THE  INFORMATION
 REQUIRED  ON  THE  APPLICATION FOR THE 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)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
 REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04902-01-3
 S. 4380                             2

 
 SIGNATURE THAT HE OR SHE MEETS SUCH REQUIREMENTS UNDER PENALTY OF PERJU-
 RY; AND
   (C)  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  THE  APPLICANT  REGISTERS  SHALL  REMAIN
 CONFIDENTIAL  AND THE INFORMATION SHALL BE USED ONLY FOR VOTER REGISTRA-
 TION PURPOSES;
   (IV) IF THE APPLICANT DECLINES TO REGISTER,  HIS  OR  HER  DECLINATION
 SHALL  REMAIN  CONFIDENTIAL  AND  BE  USED  ONLY  FOR VOTER REGISTRATION
 PURPOSES.
   4. INCLUDED ON THE FORM OR ON A SEPARATE FORM SHALL BE:
   (A) THE QUESTION, "IF YOU ARE NOT REGISTERED TO VOTE  WHERE  YOU  LIVE
 NOW, WOULD YOU LIKE TO APPLY TO REGISTER HERE TODAY";
   (B) BOXES FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE APPLICANT
 WOULD LIKE TO REGISTER OR DECLINE TO REGISTER TO VOTE;
   (C)  THE STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK EITHER BOX,
 YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE  AT  THIS
 TIME.";
   (D)  THE  STATEMENT,  "IF YOU WOULD LIKE HELP IN FILLING OUT THE VOTER
 REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION WHETHER TO
 SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICATION  FORM  IN
 PRIVATE.";
   (E)  THE  STATEMENT,  "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED WITH
 YOUR RIGHT TO REGISTER OR DECLINE TO REGISTER TO  VOTE,  YOUR  RIGHT  TO
 PRIVACY  IN  DECIDING  WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO
 VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY  OR  OTHER  POLI-
 TICAL  PREFERENCE,  YOU  MAY  FILE  A  COMPLAINT WITH THE STATE BOARD OF
 ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER)."; AND
   (F) A TOLL FREE NUMBER AT THE STATE BOARD OF  ELECTIONS  THAT  CAN  BE
 CALLED FOR ANSWERS TO REGISTRATION QUESTIONS.
   5.  THE  FORM  CONTAINING THE DECLINATION TO REGISTER TO VOTE SHALL BE
 RETAINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  FOR  THE  SAME
 PERIOD  OF  TIME AS SUCH DEPARTMENT RETAINS THE ACCOMPANYING APPLICATION
 FOR SERVICES OR FOR SUCH SHORTER PERIOD OF TIME AS MAY  BE  APPROVED  BY
 THE STATE BOARD OF ELECTIONS.
   6.  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION SHALL TRANSMIT THAT
 PORTION OF THE FORM WHICH  CONSTITUTES  THE  COMPLETED  APPLICATION  FOR
 REGISTRATION  OR  CHANGE  OF  ADDRESS  FORM  TO THE APPROPRIATE BOARD OF
 ELECTIONS NOT LATER THAN TEN DAYS AFTER RECEIPT  EXCEPT  THAT  ALL  SUCH
 COMPLETED  APPLICATIONS AND FORMS RECEIVED BY THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION BETWEEN THE THIRTIETH AND TWENTY-FIFTH DAY BEFORE AN
 ELECTION SHALL BE TRANSMITTED IN SUCH MANNER AND  AT  SUCH  TIME  AS  TO
 ASSURE THEIR RECEIPT BY SUCH BOARD OF ELECTIONS NOT LATER THAN THE TWEN-
 TIETH  DAY BEFORE SUCH ELECTION. ALL TRANSMITTALS SHALL INCLUDE ORIGINAL
 SIGNATURES.
   7. COMPLETED APPLICATION FORMS RECEIVED BY THE DEPARTMENT OF  ENVIRON-
 MENTAL  CONSERVATION NOT LATER THAN THE TWENTY-FIFTH DAY BEFORE THE NEXT
 ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION  AND  TRANSMITTED  BY  SUCH
 DEPARTMENT  TO  THE  APPROPRIATE  BOARD  OF  ELECTIONS  SO THAT THEY ARE
 RECEIVED NOT LATER THAN THE TWENTIETH DAY  BEFORE  SUCH  ELECTION  SHALL
 ENTITLE THE APPLICANT TO VOTE IN SUCH ELECTION PROVIDED THE BOARD DETER-
 MINES THAT THE APPLICANT IS OTHERWISE QUALIFIED.
   8.  DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
 TION TO REGISTER, BY THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,  ITS
 S. 4380                             3
 
 AGENTS  OR  EMPLOYEES, FOR OTHER THAN VOTER REGISTRATION PURPOSES, SHALL
 BE DEEMED AN UNWARRANTED INVASION OF PERSONAL PRIVACY  PURSUANT  TO  THE
 PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFI-
 CERS LAW AND SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
   9.  APPLICATION  FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN
 THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF  THE  APPLI-
 CANT  IS  ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH COUNTY
 OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF  THIS  TITLE.  THE
 BOARD  SHALL  SEND  THE  APPROPRIATE  NOTICE OF APPROVAL OR REJECTION AS
 REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION
 FIVE OF SUCH SECTION 5-208.
   10. STRICT NEUTRALITY WITH RESPECT  TO  A  PERSON'S  PARTY  ENROLLMENT
 SHALL BE MAINTAINED AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
 INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
 TIONED ON BEING REGISTERED TO VOTE.
   11. NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE  THE
 APPLICANT FROM REGISTERING TO VOTE.
   12. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL PROVIDE TO EACH
 PERSON  WHO  CHOOSES  TO  REGISTER  TO VOTE THE SAME LEVEL OF ASSISTANCE
 PROVIDED TO PERSONS IN CONNECTION WITH THE COMPLETION  OF  THE  AGENCY'S
 OWN FORMS, UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE.
   13.  THE  STATE  BOARD  OF  ELECTIONS SHALL ADOPT SUCH RULES AND REGU-
 LATIONS AS MAY BE NECESSARY  TO  CARRY  OUT  THE  REQUIREMENTS  OF  THIS
 SECTION. THE BOARD SHALL ALSO ADOPT SUCH RULES AND REGULATIONS AS MAY BE
 NECESSARY  TO  REQUIRE COUNTY BOARDS AND THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION TO PROVIDE THE STATE BOARD WITH SUCH INFORMATION  AND  DATA
 AS  THE BOARD DEEMS NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION AND
 TO COMPILE SUCH STATISTICS AS MAY BE REQUIRED BY THE  FEDERAL  ELECTIONS
 COMMISSION.
   14.  THE  STATE BOARD OF ELECTIONS SHALL DEVELOP AND DISTRIBUTE PUBLIC
 INFORMATION AND PROMOTIONAL  MATERIALS  RELATING  TO  THE  PURPOSES  AND
 IMPLEMENTATION OF THIS PROGRAM.
   15.  THE  STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION WRITTEN INSTRUCTIONS AS TO  THE
 IMPLEMENTATION  OF THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING
 TRAINING PROGRAMS FOR  EMPLOYEES  OF  THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION INVOLVED IN SUCH PROGRAM.
   16.  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION SHALL TAKE ALL
 ACTIONS WHICH ARE NECESSARY AND PROPER FOR THE  IMPLEMENTATION  OF  THIS
 SECTION.  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL DESIGNATE
 ONE PERSON WITHIN THE AGENCY AS THE AGENCY VOTER REGISTRATION  COORDINA-
 TOR  WHO  WILL,  UNDER THE DIRECTION OF THE STATE BOARD OF ELECTIONS, BE
 RESPONSIBLE FOR THE VOTER REGISTRATION PROGRAM IN SUCH AGENCY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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