NY State Senate Bill 2023-S6168

Current Bill Status - In Senate Committee Finance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2024	reported and committed to finance
Jan 03, 2024	referred to elections
Mar 31, 2023	referred to elections

Votes

- May 20, 2024 - Elections Committee Vote
  S6168
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 20, 2024
      
      aye (6)
      
      Borrello
      
      Kavanagh
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      aye wr (1)
      
      Weber

co-Sponsors

2023-S6168 (ACTIVE) - Details

See Assembly Version of this Bill:: A6764
Current Committee:: Senate Finance
Law Section:: Election Law
Laws Affected:: Amd §§5-213, 5-402 & 5-712, El L

2023-S6168 (ACTIVE) - Summary

Ensures that boards of elections provide adequate notice to each voter before and after a board cancels the voter's registration or places such voter in inactive status.

2023-S6168 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6168

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to notices to voters of
registration cancellation or inactive status

 
PURPOSE:

The purpose of this bill is to ensure that boards of elections provide
adequate notice to each voter before and after a board cancels the
voter's registration or places the voter's registration in inactive
status. The bill would ensure that boards of elections use all addresses
and communication methods in the voter's registration record to notify
the voter of cancellation or inactive status, including email address
and phone number when an email address or phone number is in the voter's
registration record. This bill would also ensure that each voter is
notified of the reason that the voter's registration has been cancelled
or placed in inactive status, and that boards of elections use uniform,
statewide forms of notice approved by the state board of elections for
notification purposes.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends § 5-213 of the election law by adding a new
subdivision 6. Subdivision 6 will provide that when a board of elections
places a voter's registration in inactive status, the board must notify
the voter using first-class forwardable mail addressed to the address
where the board believes the voter now resides and the address at which
the voter is registered, and any email addresses and telephone numbers
of the voter contained in the voter's registration record. The bill
provides that the notices must explain the reason why the voter has been
placed in inactive status. The bill also provides that boards of
elections must use uniform, state-wide forms of notice approved by the
state board of elections for this purpose.

Section 2 of the bill amends subdivisions 2 and 3 and adds a new subdi-
vision 5 to § 5-402 of the election law to provide that prior to, and
after, cancelling a voter's registration, boards of elections must
provide notices to voters using first-class forwardable mail addressed
to the address where the board believes the voter now resides and the
address at which the voter is registered, and any email addresses and
telephone numbers of the voter contained in the voter's registration
record. The bill provides that the notices must explain the reason why
the board intends to cancel the voter's registration. The bill also
provides that boards of elections must use uniform, state-wide forms of
notice approved by the state board of elections for this purpose.

Section 3 of the bill amends subdivisions 2, 3 and 5 of § 5-712 of the
election law to provide better notice to voters before they are placed
in inactive status. Subdivision 2(a) is amended to require that boards
of election must send a first notice to the voter at the voter's new
address by forwardable, first-class mail, and to any email addresses and
phone numbers in the voter's registration record. Subdivision 2(b) is
amended to require that, if the first notice is returned as undelivera-
ble, boards of election must send a second notice to the voter at the
voter's registration address by forwardable, first-class mail, and to
any email addresses and phone numbers in the voter's registration
record. The amendment to subdivision 3 of § 5-712 requires that the
notices sent by boards of election must be uniform, statewide forms
approved by the state board of elections.

Section 4 of the bill provides that the legislation will be effective
immediately.

 
JUSTIFICATION:

Many voters arrive at the polls only to find that, without their know-
ledge, their voter registration was cancelled or placed in inactive
status. This may occur even though there was no change in the voter's
residence or qualification to vote.

Some voters' registrations have been cancelled intentionally and ille-
gally. City and State reported that, prior to the 2016 election, the New
York City Board of Elections illegally purged 200,000 voters from the
poll books in Brooklyn, Queens and Manhattan. The NYC Board of Elections
subsequently settled a lawsuit over the purge by admitting that it broke
federal and state election laws.

Boards of elections can cancel voter registrations or place them in
inactive status based on information from the postal authorities and
other government agencies suggesting that the voter has a new address or
has asked for mail to be forwarded (Election Law 5-208, 5-402 & 5-712).
This information, however, may be incorrect. Voters sometimes forward
their mail, or move temporarily, without giving up their registration
address.

This bill would require more robust efforts by boards of elections to
notify voters before changing their registration status.

For example, under current law, when a board believes a voter's regis-
tration should be cancelled because it has a new address for the voter,
the board is required to mail a notice only to the address where the
voter was last registered. (Election Law, 5-402) If the voter has moved
to a new address, the notice may not reach the voter.  This bill would
require the board to mail notice to the voter's last registered address

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6168 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6168
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 notices  to  voters  of
   registration cancellation or inactive status
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5-213 of the election law is amended  by  adding  a
 new subdivision 6 to read as follows:
   6. WHEN A BOARD OF ELECTIONS PLACES A VOTER'S REGISTRATION IN INACTIVE
 STATUS, THE BOARD OF ELECTIONS SHALL NOTIFY THE VOTER IMMEDIATELY USING:
 (A)  FIRST  CLASS  FORWARDABLE  MAIL  ADDRESSED TO THE ADDRESS WHERE THE
 BOARD BELIEVES THE VOTER NOW RESIDES; (B) FIRST CLASS  FORWARDABLE  MAIL
 ADDRESSED  TO  THE  ADDRESS  WHERE  THE VOTER IS REGISTERED; AND (C) ANY
 EMAIL  ADDRESSES  AND  TELEPHONE  NUMBERS  THAT  ARE  IN  THE  BOARD  OF
 ELECTIONS'  REGISTRATION  RECORDS  FOR  THE  VOTER.  SUCH  NOTICES SHALL
 EXPLAIN THE REASON WHY THE VOTER HAS BEEN PLACED IN INACTIVE STATUS. THE
 STATE BOARD OF ELECTIONS SHALL ESTABLISH  UNIFORM,  STATEWIDE  FORMS  OF
 NOTICE FOR THIS PURPOSE.
   § 2. Subdivisions 2 and 3 of section 5-402 of the election law, subdi-
 vision  2 as amended by chapter 94 of the laws of 1997 and subdivision 3
 as amended by chapter 373 of the laws of 1978, are  amended  and  a  new
 subdivision 5 is added to read as follows:
   2. Whenever the board has reason to believe that a registered voter is
 no  longer  qualified  to  vote,  it shall, before cancelling his OR HER
 registration, notify him OR HER, in a UNIFORM, STATEWIDE  form  approved
 by the state board of elections, [by first class forwardable mail to the
 address from which he was last registered] USING ALL OF THE NOTIFICATION
 METHODS  PRESCRIBED  BY  SUBDIVISION  FIVE  OF THIS SECTION, WHICH SHALL
 STATE THE REASON WHY THE VOTER'S REGISTRATION  IS  BEING  CANCELLED  AND
 that he OR SHE may appear before the board or answer in writing by mail,
 stating the reasons why his OR HER registration should not be cancelled.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10591-01-3

 S. 6168                             2
 
 Such notice shall also state that if the voter does not appear or answer
 in  writing within fourteen days after such notice is mailed, his OR HER
 registration [will] SHALL be cancelled. Such notice  shall  also  advise
 the  voter  of his OR HER right to reregister pursuant to the provisions
 of this chapter and shall contain the phone number to call for the  days
 and  hours  of local registration and the location of local registration
 places, the deadline for personal registration  by  mail  for  the  next
 general  election  and  the  phone  number  to call to obtain additional
 applications for personal registration by mail.  No such notice shall be
 required in order to cancel the registration of a voter who has  made  a
 personal  request  to  be  removed from the list of registered voters as
 defined by subdivision two of section 5-400 of this title or the  regis-
 tration  of  a voter whose name has been in inactive status for at least
 the period required by paragraph (f) of subdivision one of section 5-400
 of this title or to cancel the registration of a  voter  who  has  died.
 Together  with such notice of cancellation, the board shall mail to such
 voter a postage paid return card in a form approved by the  state  board
 of elections. Such card shall provide a place for the voter to set forth
 the  reasons for his OR HER continued eligibility to vote in such county
 or city and to indicate his OR HER current address in the county or city
 and a statement that failure to return the card [will] SHALL  result  in
 cancellation  of  registration.  The card shall also inform the voter of
 how to reregister if the voter has moved out of the county or  city.  If
 such  registered  voter shall fail to appear or answer in writing within
 such time or if, after he OR SHE so appears or writes, the board is  not
 satisfied  that  he  OR SHE is qualified to remain registered, the board
 shall cancel his OR HER registration.
   3. The board of elections shall notify immediately every person  whose
 registration is cancelled [after such person has responded, in person or
 by  mail, to a notice sent pursuant to subdivision two of this section,]
 of the action taken and the reason therefor, [by written notice  to  the
 address  from  which he was last registered] USING ALL OF THE METHODS OF
 NOTICE PRESCRIBED BY SUBDIVISION FIVE OF  THIS  SECTION.    Such  notice
 shall  advise  such persons either of their right to reregister or their
 right to apply to a court of law for reinstatement, whichever is  appro-
 priate.
   5.  WHEN  A BOARD OF ELECTIONS GIVES A VOTER NOTICE OF CANCELLATION OR
 NOTICE OF THE BOARD'S INTENT TO CANCEL A VOTER'S REGISTRATION, THE BOARD
 OF ELECTIONS SHALL IMMEDIATELY NOTIFY THE VOTER USING: (A)  FIRST  CLASS
 FORWARDABLE  MAIL  ADDRESSED TO THE ADDRESS WHERE THE BOARD BELIEVES THE
 VOTER NOW RESIDES; (B) FIRST CLASS FORWARDABLE  MAIL  ADDRESSED  TO  THE
 ADDRESS  WHERE  THE VOTER IS REGISTERED; AND (C) ANY EMAIL ADDRESSES AND
 TELEPHONE NUMBERS THAT ARE  IN  THE  BOARD  OF  ELECTIONS'  REGISTRATION
 RECORDS  FOR  THE  VOTER.  THE  STATE BOARD OF ELECTIONS SHALL ESTABLISH
 UNIFORM, STATEWIDE FORMS OF NOTICE FOR THIS PURPOSE.
   § 3. Subdivisions 2, 3 and 5 of section 5-712  of  the  election  law,
 subdivisions  2  and 3 as amended by chapter 200 of the laws of 1996 and
 subdivision 5 as added by chapter 659 of the laws of 1994,  are  amended
 to read as follows:
   2. (a) The board of elections shall also send a confirmation notice to
 every  registered  voter  for  whom  it  receives  a notice of change of
 address to an address not in such city or county which is not signed  by
 the  voter  BY  FIRST CLASS FORWARDABLE MAIL, AND TO ANY EMAIL ADDRESSES
 AND TELEPHONE NUMBERS THAT ARE IN THE BOARD OF  ELECTIONS'  REGISTRATION
 RECORDS FOR THE VOTER. Such change of address notices shall include, but
 not  be  limited  to,  notices of change of address received pursuant to
 S. 6168                             3
 
 subdivision eleven of section 5-211 and subdivision six of section 5-212
 of this article, notice of change of  address  from  the  United  States
 Postal Service through the National Change of Address System or from any
 other  agency  of  the  federal government or any agency of any state or
 local government and notice of a forwarding address on mail  sent  to  a
 voter by the board of elections and returned by the postal service. Such
 confirmation  notices  shall  be sent to such new address BY FIRST CLASS
 FORWARDABLE MAIL, AND THE BOARD SHALL NOTIFY THE VOTER USING  ANY  EMAIL
 ADDRESSES  AND  TELEPHONE  NUMBERS  THAT  ARE IN THE BOARD OF ELECTIONS'
 REGISTRATION RECORDS FOR THE VOTER.
   (b) If a notice sent pursuant to paragraph (a) of this subdivision  to
 the  voter at the new address is returned as undeliverable, the board of
 elections shall send another SECOND such notice BY FIRST CLASS FORWARDA-
 BLE MAIL, AND TO ANY EMAIL ADDRESSES AND TELEPHONE NUMBERS THAT  ARE  IN
 THE  BOARD  OF  ELECTIONS'  REGISTRATION  RECORDS  FOR  THE VOTER to the
 address at which the voter was originally registered.
   3. Such notices REQUIRED BY SUBDIVISIONS ONE AND TWO OF  THIS  SECTION
 shall  be  [in a form] SENT USING UNIFORM, STATEWIDE FORMS prescribed by
 the state board of elections and THE  MAILED  NOTICES  shall  include  a
 postage-paid return card on which the voter may confirm the fact that he
 OR  SHE  still  resides  at the address to which the notice was sent, or
 notify the board of any change of address. Such  notices  shall  request
 all voters who receive the notice to reply with their current addresses.
 Such  notices  shall  request all voters who receive the notice to reply
 with their current addresses and shall state that voters  who  have  not
 moved or who have moved within the county or city and who do not respond
 may be required to vote by affidavit ballot and that if they do not vote
 in  any  election  up to and including the second federal election after
 such notice, their registrations may be cancelled.  Such notices sent to
 addresses in New York state shall also include a mail registration  form
 and  information  on  how  voters  who have moved to a different city or
 county may reregister.
   5. All voters or applicants to whom a  confirmation  notice  is  sent,
 pursuant to the provisions of this section, shall forthwith be placed in
 inactive status. WHEN A VOTER IS PLACED IN INACTIVE STATUS, THE BOARD OF
 ELECTIONS  SHALL  NOTIFY  THE VOTER THAT THEY ARE NOW IN INACTIVE STATUS
 USING ALL OF THE METHODS SET FORTH IN SUBDIVISION FIVE OF SECTION  5-402
 OF THIS ARTICLE THAT MUST BE USED TO NOTIFY A VOTER THAT THEIR REGISTRA-
 TION  HAS BEEN CANCELLED AND THE NOTICES SHALL STATE THE REASON THAT THE
 VOTER HAS BEEN PLACED IN INACTIVE STATUS. BOARDS OF ELECTIONS SHALL  USE
 A UNIFORM, STATEWIDE NOTICE APPROVED BY THE STATE BOARD OF ELECTIONS FOR
 THIS PURPOSE.
   § 4. This act shall take effect immediately.

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Senate Bill S6168

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

May 20, 2024 - Elections Committee Vote

Elections Committee Vote: May 20, 2024

co-Sponsors

2023-S6168 (ACTIVE) - Details

2023-S6168 (ACTIVE) - Summary

2023-S6168 (ACTIVE) - Sponsor Memo

2023-S6168 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6168

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

Robert Jackson

2023-S6168 (ACTIVE) - Details

2023-S6168 (ACTIVE) - Summary

2023-S6168 (ACTIVE) - Sponsor Memo

2023-S6168 (ACTIVE) - Bill Text download pdf

Comments