S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5984
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 registration of  voters
   during early voting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (ii) of paragraph  (e)  of  subdivision  3  of
 section 8-302 of the election law, as amended by section 8 of part XX of
 chapter 55 of the laws of 2019, is amended to read as follows:
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or  she  has  duly  registered  to  vote,  the  address in such election
 district from which he or she registered, that he or she remains a  duly
 qualified  voter in such election district, that his or her registration
 poll record appears to be lost or misplaced or  that  his  or  her  name
 and/or  his  or  her  signature  was omitted from the computer generated
 registration list or such record indicates the voter already voted  when
 he  or  she  did  not  do so or that he or she has moved within New York
 state since he or she last registered, the address from which he or  she
 was  previously  registered and the address at which he or she currently
 resides, and at a primary election, the party in  which  he  or  she  is
 enrolled,  OR  THAT THEY ARE ELIGIBLE FOR CONDITIONAL VOTER REGISTRATION
 PURSUANT TO SECTION 8-604 OF THIS ARTICLE. The  inspectors  of  election
 shall offer such an affidavit to each such voter whose residence address
 is  in  such election district.   Each such affidavit shall be in a form
 prescribed by the state board of  elections,  shall  be  printed  on  an
 envelope  of  the size and quality used for an absentee ballot envelope,
 and shall contain an acknowledgment that the  affiant  understands  that
 any false statement made therein is perjury punishable according to law.
 Such  form  prescribed  by  the  state  board of elections shall request
 information required to register such  voter  should  the  county  board
 determine  that such voter is not YET registered and shall constitute an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08649-01-3
              

 S. 5984                             2
 
 application to register to  vote.  The  voter's  name  and  the  entries
 required shall then be entered without delay and without further inquiry
 in  the  fourth section of the challenge report or in the place provided
 in  the computer generated registration list, with the notation that the
 voter has executed the affidavit hereinabove  prescribed,  or,  if  such
 person's  name appears in such registration list, the board of elections
 may provide a place to make such entry next to his or her name  in  such
 list.  The  voter  shall  then, without further inquiry, be permitted to
 vote an affidavit ballot provided for by this chapter. Such ballot shall
 thereupon be placed in the envelope containing his or her affidavit, and
 the envelope sealed and returned to the board of elections in the manner
 provided by this chapter for protested  official  ballots,  including  a
 statement of the number of such ballots.  THE ELECTION INSPECTOR OR POLL
 CLERK  SHALL  ENSURE  THAT THE VOTER SEALS THE ENVELOPE AND IF THE VOTER
 DOES NOT SEAL THE ENVELOPE SHALL  IMMEDIATELY  SEAL  THE  ENVELOPE  UPON
 RECEIPT  FROM  THE  VOTER.    IF  A VOTER REGISTRATION APPLICATION FOR A
 PERSON WHO CASTS AN AFFIDAVIT BALLOT PURSUANT TO THIS  SUBPARAGRAPH  WAS
 RECEIVED BY A BOARD OF ELECTIONS BY THE TENTH DAY PRIOR TO THE ELECTION,
 THE  BOARD SHALL CAST AND COUNT AN AFFIDAVIT BALLOT FROM SUCH PERSON, IF
 OTHERWISE VALID, NOTWITHSTANDING THE FACT THAT  THE  PERSON'S  NAME  WAS
 OMITTED FROM A REGISTRATION POLL RECORD OR LIST OF REGISTERED VOTERS.
   § 2. The election law is amended by adding a new section 8-604 to read
 as follows:
   §  8-604.  REGISTRATION  DURING EARLY VOTING. 1.  IN ADDITION TO OTHER
 METHODS OF VOTER REGISTRATION PROVIDED UNDER THIS CHAPTER, A PERSON  WHO
 IS  NOT  REGISTERED  TO  VOTE IN THE STATE BUT IS OTHERWISE QUALIFIED TO
 REGISTER TO VOTE AND TO CAST A BALLOT MAY REGISTER TO VOTE AND ENROLL IN
 A POLITICAL PARTY AT AN EARLY VOTING POLLING  LOCATION  AS  PROVIDED  IN
 THIS SECTION DURING ANY DAY OF EARLY VOTING THAT OCCURS ON OR BEFORE THE
 TENTH DAY PRIOR TO AN ELECTION.
   2.  (A)  A QUALIFIED PERSON WHO IS NOT REGISTERED TO VOTE IN THE STATE
 WHO APPEARS AT AN EARLY VOTING POLLING PLACE DURING  ANY  DAY  OF  EARLY
 VOTING THAT OCCURS ON OR BEFORE THE TENTH DAY PRIOR TO AN ELECTION SHALL
 BE OFFERED THE OPPORTUNITY TO COMPLETE A CONDITIONAL VOTER REGISTRATION.
   (B) "CONDITIONAL VOTER REGISTRATION" MEANS A PROPERLY EXECUTED AFFIDA-
 VIT  IN  THE  FORM  DESCRIBED  IN  SUBPARAGRAPH (II) OF PARAGRAPH (E) OF
 SUBDIVISION THREE OF SECTION 8-302 OF THIS ARTICLE AT  AN  EARLY  VOTING
 POLLING  PLACE  AND  WHICH  MAY  BE  DEEMED EFFECTIVE AFTER THE BOARD OF
 ELECTIONS PROCESSES THE AFFIDAVIT.
   3. IF A CONDITIONAL REGISTRATION IS DEEMED  EFFECTIVE,  THE  BOARD  OF
 ELECTIONS  SHALL  ADD THE PERSON'S VOTER REGISTRATION INFORMATION TO THE
 STATEWIDE ELECTRONIC VOTER FILE AND INCLUDE THE CORRESPONDING BALLOT  IN
 THE OFFICIAL CANVASS, IF OTHERWISE VALID.
   4.  THE  BOARD  OF ELECTIONS SHALL CONDUCT THE RECEIPT AND HANDLING OF
 EACH CONDITIONAL VOTER REGISTRATION AND CORRESPONDING BALLOT IN A MANNER
 THAT PROTECTS THE SECRECY OF THE BALLOT AND ALLOWS THE  ELECTIONS  OFFI-
 CIAL TO PROCESS THE REGISTRATION AND INCLUDE THE CORRESPONDING BALLOT IN
 THE OFFICIAL CANVASS, IF OTHERWISE VALID.
   5.  THE  BOARD  OF ELECTIONS SHALL ADVISE A PERSON COMPLETING A CONDI-
 TIONAL VOTER REGISTRATION OF THE PROCEDURES FOR DETERMINING THE VALIDITY
 OF A CONDITIONAL VOTER REGISTRATION AND WHETHER THE PERSON'S BALLOT  WAS
 COUNTED.
   6. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
 TO IMPLEMENT THIS SECTION.
   §  3.  The  opening paragraph of section 9-209 of the election law, as
 added by chapter 763 of the laws of 2021, is amended to read as follows:
 S. 5984                             3
 
   Before completing the canvass of votes cast in any  primary,  general,
 special,  or  other  election at which voters are required to sign their
 registration poll records before voting, the board  of  elections  shall
 proceed in the manner hereinafter prescribed to review, cast and canvass
 any  absentee,  military, special presidential, special federal or other
 special ballots and any ballots cast in affidavit  envelopes,  INCLUDING
 BALLOTS  CAST BY VOTERS FILING A CONDITIONAL VOTER REGISTRATION PURSUANT
 TO SECTION 8-604 OF THIS CHAPTER. Each such ballot shall be retained  in
 the original envelope containing the voter's affidavit and signature, in
 which it is delivered to the board of elections until such time as it is
 to be reviewed, in order to be cast and canvassed.
   §  4.  Subdivision 7 of section 9-209 of the election law, as added by
 chapter 763 of the laws of 2021, paragraph (d) as amended by chapter 661
 of the laws of 2022, is amended to read as follows:
   7. Post-election review and canvassing of affidavit ballots. (a) With-
 in four business days of the election,  the  board  of  elections  shall
 review  all affidavit ballots cast in the election. If the central board
 of canvassers determines that a person was  entitled  to  vote  at  such
 election  it  shall  cast  and  canvass such affidavit ballot; provided,
 however, if the board of elections receives one or more timely  absentee
 ballots  from  a voter who also cast an affidavit ballot at a poll site,
 the last such timely absentee ballot received shall be canvassed and the
 affidavit ballot shall be set aside unopened; and provided further, if a
 voter was issued an absentee ballot and votes in person via an affidavit
 ballot and the board does not receive such absentee ballot, the  affida-
 vit  ballot  shall  be  canvassed if the voter is otherwise qualified to
 vote in such election.
   (b) Affidavit ballots are valid when cast at a polling site  permitted
 by  law by qualified voters: (i) who moved within the state after regis-
 tering; (ii) who are in inactive status; (iii)  whose  registration  was
 incorrectly  transferred  to  another  address  even though they did not
 move; (iv) whose registration poll records were missing on  the  day  of
 such  election; (v) who have not had their identity previously verified;
 (vi) whose registration poll records did not show them to be enrolled in
 the party in which they are enrolled; [and] (vii)  who  are  incorrectly
 identified  as  having  already  voted;  AND (VIII) WHO HAVE SUBMITTED A
 VALID  CONDITIONAL  REGISTRATION  PURSUANT  TO  SECTION  8-604  OF  THIS
 CHAPTER.
   (c)  Affidavit  ballots are valid to the extent that ministerial error
 by the board of elections or any of its  employees  caused  such  ballot
 envelope not to be valid on its face.
   (d)  If  the  central board of canvassers determines that a person was
 entitled to vote at such election, the board shall cast and canvass such
 affidavit ballot if such board finds that the voter appeared at a  poll-
 ing place, in the correct county, which is designated as a polling place
 for the correct assembly district, regardless of the fact that the voter
 may  have  appeared in the incorrect election district or polling place,
 and regardless of whether the voter's name was in the registration  poll
 record; provided, however, that in the event such ballot includes one or
 more  offices  for  which  such  person  is not entitled to vote at such
 election, such ballot shall only be cast and canvassed for  the  offices
 for which such person is entitled to vote at such election.
   (e)  If the central board of canvassers finds that a voter submitted a
 voter registration application through the electronic voter registration
 transmittal system pursuant to title eight of article five of this chap-
 ter and signed the affidavit ballot, the board shall  cast  and  canvass
 S. 5984                             4
 
 such  affidavit  ballot  if  the voter is otherwise qualified to vote in
 such election.
   (f)  If  the  central board of canvassers determines that a person was
 entitled to vote at such election, the board shall cast and canvass such
 affidavit ballot if  such  board  finds  that  the  voter  substantially
 complied  with  the  requirements  of this chapter. For purposes of this
 paragraph, "substantially complied" shall mean the board  can  determine
 the voter's eligibility based on the statement of the affiant or records
 of the board.
   (g)  If the central board of canvassers finds that the statewide voter
 registration list supplies sufficient information to identify  a  voter,
 failure  by  the  voter  to include on the affidavit ballot envelope the
 address where such voter was previously registered shall not be a  fatal
 defect and the board shall cast and canvass such affidavit ballot.
   (h)  (I) IF A VOTER REGISTRATION APPLICATION FOR A PERSON WAS RECEIVED
 BY A BOARD OF ELECTIONS BY THE TENTH DAY PRIOR TO THE ELECTION, AN AFFI-
 DAVIT BALLOT FROM THE PERSON SHALL BE CAST AND COUNTED IF THE  VOTER  IS
 OTHERWISE  QUALIFIED  TO VOTE IN SUCH ELECTION, NOTWITHSTANDING THE FACT
 THAT THE PERSON'S NAME WAS OMITTED FROM A REGISTRATION  POLL  RECORD  OR
 LIST OF REGISTERED VOTERS.
   (II)  If  the  central board of canvassers finds that the voter regis-
 tered or pre-registered to vote for the first  time  pursuant  to  title
 nine  of article five of this chapter at least twenty-five days before a
 primary, appeared at such primary election, and indicated on the affida-
 vit ballot envelope the intent to enroll in such  party,  the  affidavit
 ballot  shall  be cast and canvassed if the voter is otherwise qualified
 to vote in such election.
   (i) A CONDITIONAL VOTER REGISTRATION SUBMITTED BY A PERSON REGISTERING
 TO VOTE AT AN EARLY VOTING POLLING LOCATION ON OR BEFORE THE  TENTH  DAY
 PRIOR  TO AN ELECTION PURSUANT TO SECTION 8-604 OF THIS CHAPTER SHALL BE
 PROCESSED AND AN AFFIDAVIT BALLOT FROM SUCH PERSON  SHALL  BE  CAST  AND
 CANVASSED  IF THE VOTER IS OTHERWISE QUALIFIED TO VOTE IN SUCH ELECTION,
 NOTWITHSTANDING THE FACT THAT THE PERSON'S NAME IS NOT ON A REGISTRATION
 POLL RECORD OR LIST OF REGISTERED VOTERS.
   (J) When the central board of canvassers determines that an  affidavit
 ballot  is  invalid  due  to a missing signature on the affidavit ballot
 envelope, or because the signature on the affidavit ballot envelope does
 not correspond to the registration  signature,  such  ballots  shall  be
 subject to the cure procedure in subdivision three of this section.  THE
 ABSENCE  OF A SIGNATURE ON A REGISTRATION POLL RECORD OR COMPUTER GENER-
 ATED LIST OF REGISTERED VOTERS SHALL NOT PROVIDE A BASIS  FOR  REJECTING
 CONDITIONAL  VOTER  REGISTRATIONS  AND  CORRESPONDING  BALLOTS SUBMITTED
 PURSUANT TO SECTION 8-604 OF THIS CHAPTER.
   [(j)] (K) At the meeting required pursuant to paragraph (a) of  subdi-
 vision eight of this section, each candidate, political party, and inde-
 pendent  body  shall  be  entitled  to object to the board of elections'
 determination that an affidavit ballot is invalid.  Such  ballots  shall
 not  be  counted  absent  an order of the court. In no event may a court
 order a ballot that has been counted to be uncounted.
   [(k)] (L) The board of elections  shall  enter  information  into  the
 ballot  tracking system, as defined in section 8-414 of this chapter, to
 allow a voter who cast a ballot in an affidavit envelope to determine if
 the vote was counted.
   § 5. This act shall take effect immediately.