S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6173
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law and the vehicle  and  traffic  law,  in
   relation to joining multistate voter list maintenance organizations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. A  multistate  voter  list
 maintenance  organization  is  a  coordinating entity between the states
 that aids them in removing ineligible voters from their voter rolls. The
 Electronic Registration Information Center (ERIC) is  a  public  charity
 non-profit membership organization comprising 32 states and the District
 of Columbia. ERIC's purpose is to assist states in improving the accura-
 cy  of America's voter rolls and increasing access to voter registration
 for all eligible citizens. Keeping voter rolls up to date is a challenge
 because, every day, voters move or pass away. Voters don't always remem-
 ber to update their registration. At least every 60  days,  each  member
 submits  their  voter registration data and licensing and identification
 data from departments of motor vehicles (DMV) to ERIC.   ERIC refers  to
 this data as Member Data. ERIC's technical staff uses sophisticated data
 matching  software  to compare Member Data from all member states, some-
 times with data from other sources, to create the following  four  "list
 maintenance"  reports. (1) Cross-State Movers Report:  Identifies voters
 who appear to have moved from one ERIC  state  to  another  using  voter
 registration  data and DMV data; (2) In-State Movers Report:  Identifies
 voters who appear to have moved within the state using  voter  registra-
 tion  and department of motor vehicle data; (3) Duplicate Report:  Iden-
 tifies voters with duplicate registrations in the same state using voter
 registration data; and (4) Deceased Report: Identifies voters  who  have
 died  using voter registration data and Social Security death data known
 as the Limited Access Death Master File. As the official record  of  all
 eligible  voters  in a state, a state's voter registration rolls are the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10609-01-3
              

 S. 6173                             2
 
 foundation of free, fair, and  accurate  elections.  Illegal  voting  is
 exceedingly rare but maintaining accurate voter rolls reduces the oppor-
 tunity  for  such  behavior  and  it  helps build confidence in election
 outcomes.
   § 2. Article 5 of the election law is amended by adding a new title 10
 to read as follows:
                                  TITLE X
  MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION MEMBERSHIP AUTHORIZATION
 SECTION 5-1000. JOINING  A  MULTISTATE  VOTER LIST MAINTENANCE ORGANIZA-
                   TION.
         5-1001. DESIGNATING A MEMBER REPRESENTATIVE.
         5-1002. AUTHORIZATION TO SHARE REGISTRATION RECORDS WITH  MULTI-
                   STATE VOTER LIST MAINTENANCE ORGANIZATION.
   §  5-1000.  JOINING  A MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION.
 THE CO-CHAIRS OF THE STATE BOARD OF ELECTIONS MAY JOIN THE  STATE  AS  A
 MEMBER  IN  ONE  OR MORE MULTISTATE VOTER LIST MAINTENANCE ORGANIZATIONS
 INCLUDING, BUT NOT LIMITED TO, THE ELECTRONIC  REGISTRATION  INFORMATION
 CENTER  OR ITS SUCCESSOR. THE COMMISSIONER IS AUTHORIZED TO EXPEND FUNDS
 AS AVAILABLE FOR MEMBERSHIP FEES, DUES AND  OTHER  EXPENSES  RELATED  TO
 SUCH MEMBERSHIP.
   §  5-1001.  DESIGNATING  A MEMBER REPRESENTATIVE. THE CO-CHAIRS OF THE
 STATE BOARD OF ELECTIONS SHALL DESIGNATE A MEMBER OF THE STATE BOARD  OF
 ELECTIONS  AS  A  REPRESENTATIVE TO THE BOARD OF DIRECTORS OF ANY MULTI-
 STATE VOTER LIST MAINTENANCE ORGANIZATION THAT THE STATE IS A MEMBER  OF
 INCLUDING,  BUT  NOT LIMITED TO, THE ELECTRONIC REGISTRATION INFORMATION
 CENTER OR ITS SUCCESSOR.
   § 5-1002. AUTHORIZATION TO SHARE REGISTRATION RECORDS WITH  MULTISTATE
 VOTER  LIST  MAINTENANCE  ORGANIZATION.  1.    NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, THE MEMBER  REPRESENTATIVE  DESIGNATED  UNDER  SECTION
 5-1001  OF  THIS  TITLE MAY PROVIDE TO THE MULTISTATE VOTER LIST MAINTE-
 NANCE ORGANIZATION THAT THEY ARE A MEMBER OF THE BOARD OF  DIRECTORS  OF
 THE  FOLLOWING INFORMATION FROM THE STATEWIDE VOTER REGISTRATION LIST AS
 DEFINED IN SECTION 5-614 OF THIS ARTICLE:
   (A) ALL NAME FIELDS;
   (B) ALL ADDRESS FIELDS;
   (C) ACTIVITY DATES AS DEFINED BY THE MULTISTATE VOTER LIST MAINTENANCE
 ORGANIZATION'S BOARD OF DIRECTORS;
   (D) AFFIRMATIVE DOCUMENTATION OF CITIZENSHIP,  PROVIDED,  HOWEVER,  NO
 DOCUMENTATION  SHALL  BE  SENT  TO ANY MULTISTATE VOTER LIST MAINTENANCE
 ORGANIZATION AFFIRMING THAT A PERSON IS NOT A CITIZEN; AND
   (E) TYPE OF DOCUMENTATION OF CITIZENSHIP PRESENTED, IF ANY.
   2. THE MEMBER REPRESENTATIVE DESIGNATED UNDER SECTION 5-1001  OF  THIS
 TITLE  MAY  ALSO  PROVIDE  ANY  INFORMATION TO THE MULTISTATE VOTER LIST
 MAINTENANCE ORGANIZATION PROVIDED TO SUCH MEMBER REPRESENTATIVE FROM THE
 DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SECTION TWO HUNDRED  NINETEEN-A
 OF THE VEHICLE AND TRAFFIC LAW.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 219-a to read as follows:
   § 219-A. STATE MEMBERSHIP  IN  A  MULTISTATE  VOTER  LIST  MAINTENANCE
 ORGANIZATION.  1.  THE  COMMISSIONER  IS  AUTHORIZED  TO  PROVIDE TO THE
 STATE'S MEMBER REPRESENTATIVE TO A  MULTISTATE  VOTER  LIST  MAINTENANCE
 ORGANIZATION,  DESIGNATED  UNDER SECTION 5-1001 OF THE ELECTION LAW, THE
 FOLLOWING INFORMATION: (A) ALL NAME FIELDS; (B) ALL ADDRESS FIELDS;  (C)
 AFFIRMATIVE  DOCUMENTATION  OF CITIZENSHIP; (D) TYPE OF DOCUMENTATION OF
 CITIZENSHIP PRESENTED; (E) DMV ID NUMBER; (F) LAST FOUR  DIGITS  OF  THE
 VOTER'S  SOCIAL  SECURITY  NUMBER;  (G) CURRENT RECORD STATUS; (H) PHONE
 S. 6173                             3
 
 NUMBER; AND (I) E-MAIL ADDRESS, PROVIDED THAT THE CONDITIONS  AND  TERMS
 OF  MEMBERSHIP  ARE  CONSISTENT  WITH THE PROVISIONS OF THIS CHAPTER AND
 TITLE TEN OF ARTICLE FIVE OF THE ELECTION LAW PERTAINING TO SUCH MEMBER-
 SHIP OR RECIPROCAL RECOGNITION OF VEHICLE REGISTRATIONS.
   § 4. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6173--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Elections  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- committee discharged, bill amended,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Elections in accordance with Senate Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the election law and the vehicle  and  traffic  law,  in
   relation to joining multistate voter list maintenance organizations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent.  As the official record of
 all eligible voters in a state, a state's voter registration  rolls  are
 the  foundation of free, fair, and accurate elections. Illegal voting is
 exceedingly rare but maintaining accurate voter rolls reduces the oppor-
 tunity for such behavior and  it  helps  build  confidence  in  election
 outcomes.  However,  keeping  voter  rolls  up  to  date  is a challenge
 because, every day, voters move or die. Voters do not always remember to
 update their registration when they move. These challenges are especial-
 ly acute in states with large and  highly  mobile  populations.  Partic-
 ipation  in a multistate voter list maintenance organization can improve
 the accuracy of New York's voter registration rolls. A multistate  voter
 list  maintenance  organization  is a coordinating entity between states
 that aids them in identifying voters who may no longer  be  eligible  to
 vote,  who have moved, or who have died. A voter list maintenance organ-
 ization may also offer  other  information  useful  to  improving  voter
 registration or enhancing the integrity of election administration.
   § 2. Article 5 of the election law is amended by adding a new title 10
 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10609-10-3
 S. 6173--B                          2
              

 
                                  TITLE X
  MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION MEMBERSHIP AUTHORIZATION
 SECTION 5-1000. JOINING  A  MULTISTATE  VOTER LIST MAINTENANCE ORGANIZA-
                   TION.
         5-1001. DESIGNATING A MEMBER REPRESENTATIVE.
         5-1002. AUTHORIZATION TO SHARE REGISTRATION RECORDS WITH  MULTI-
                   STATE VOTER LIST MAINTENANCE ORGANIZATION.
         5-1003. USE  OF INFORMATION FROM A MULTISTATE VOTER LIST MAINTE-
                   NANCE ORGANIZATION.
   § 5-1000. JOINING A MULTISTATE VOTER  LIST  MAINTENANCE  ORGANIZATION.
 THE  STATE BOARD OF ELECTIONS SHALL JOIN THE STATE AS A MEMBER IN ONE OR
 MORE MULTISTATE VOTER LIST MAINTENANCE ORGANIZATIONS INCLUDING, BUT  NOT
 LIMITED  TO,  THE  ELECTRONIC  REGISTRATION  INFORMATION  CENTER  OR ITS
 SUCCESSOR. THE STATE BOARD OF ELECTIONS SHALL EXPEND FUNDS  FOR  MEMBER-
 SHIP FEES, DUES AND OTHER EXPENSES RELATED TO SUCH MEMBERSHIP.
   §  5-1001.  DESIGNATING  A  MEMBER  REPRESENTATIVE. THE STATE BOARD OF
 ELECTIONS SHALL DESIGNATE THE CHIEF ELECTION OFFICIAL OF  THE  STATE  OF
 NEW  YORK  AS THE REPRESENTATIVE TO THE BOARD OF DIRECTORS OF ANY MULTI-
 STATE VOTER LIST MAINTENANCE ORGANIZATION THAT THE STATE IS A MEMBER  OF
 INCLUDING,  BUT  NOT LIMITED TO, THE ELECTRONIC REGISTRATION INFORMATION
 CENTER OR ITS SUCCESSOR.
   § 5-1002. AUTHORIZATION TO SHARE REGISTRATION RECORDS WITH  MULTISTATE
 VOTER  LIST  MAINTENANCE  ORGANIZATION.  1.    NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, THE MEMBER  REPRESENTATIVE  DESIGNATED  UNDER  SECTION
 5-1001  OF  THIS  TITLE MAY PROVIDE TO THE MULTISTATE VOTER LIST MAINTE-
 NANCE ORGANIZATION THAT THEY ARE A MEMBER OF THE  FOLLOWING  INFORMATION
 FROM  THE  STATEWIDE VOTER REGISTRATION LIST AS DEFINED IN SECTION 5-614
 OF THIS ARTICLE:
   (A) ALL NAME FIELDS;
   (B) ALL ADDRESS FIELDS;
   (C) DATE OF BIRTH;
   (D) STATE VOTER IDENTIFICATION NUMBER;
   (E) VOTER'S LAST REGISTRATION DATE;
   (F) ACTIVITY DATES AS DEFINED BY THE MULTISTATE VOTER LIST MAINTENANCE
 ORGANIZATION; AND
   (G) VOTER HISTORY.
   2. THE MEMBER REPRESENTATIVE DESIGNATED UNDER SECTION 5-1001  OF  THIS
 TITLE  MAY  ALSO  PROVIDE  ANY  INFORMATION TO THE MULTISTATE VOTER LIST
 MAINTENANCE ORGANIZATION PROVIDED TO SUCH MEMBER REPRESENTATIVE FROM THE
 DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SECTION TWO HUNDRED  NINETEEN-A
 OF THE VEHICLE AND TRAFFIC LAW.
   3.  THE  STATE BOARD OF ELECTIONS SHALL NOT PROVIDE ANY INFORMATION ON
 ANY PERSON IN THE CONFIDENTIAL VOTER PROGRAM PURSUANT TO  SECTION  5-508
 OF  THIS ARTICLE FOR ANY PURPOSE UNDER THIS TITLE. NOTHING IN THIS TITLE
 SHALL BE CONSTRUED TO  REQUIRE  THE  DEPARTMENT  OF  MOTOR  VEHICLES  TO
 PROVIDE ANY INFORMATION ON ANY PERSON IN SUCH PROGRAM.
   4.  THE  STATE BOARD OF ELECTIONS IS AUTHORIZED TO PROMULGATE ANY RULE
 OR REGULATION NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS TITLE.
   § 5-1003. USE OF INFORMATION FROM A MULTISTATE VOTER LIST  MAINTENANCE
 ORGANIZATION.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 THE STATE BOARD OF ELECTIONS SHALL USE ANY  INFORMATION  PROVIDED  BY  A
 MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION THAT THE STATE HAS JOINED
 PURSUANT  TO SECTION 5-1001 OF THIS TITLE, INCLUDING BUT NOT LIMITED TO,
 THE USE OF SUCH INFORMATION IN  LIST  MAINTENANCE  ACTIVITIES  PERFORMED
 PURSUANT TO SECTION 5-614 OF THIS ARTICLE.
 S. 6173--B                          3
 
   2. TO AVOID INADVERTENT OR ACCIDENTAL REGISTRATION OF PERSONS INELIGI-
 BLE  TO  REGISTER  TO  VOTE, ANY MAILING TO ANY POTENTIALLY ELIGIBLE BUT
 UNREGISTERED PERSON SHALL STATE THE VOTER REGISTRATION CRITERIA, INCLUD-
 ING BUT NOT LIMITED TO, ANY CITIZENSHIP REQUIREMENTS.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 219-a to read as follows:
   § 219-A. STATE MEMBERSHIP  IN  A  MULTISTATE  VOTER  LIST  MAINTENANCE
 ORGANIZATION.  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE
 CONTRARY, THE COMMISSIONER IS  AUTHORIZED  TO  PROVIDE  TO  THE  STATE'S
 REPRESENTATIVE  TO  A  MULTISTATE  VOTER  LIST MAINTENANCE ORGANIZATION,
 DESIGNATED UNDER SECTION 5-1001  OF  THE  ELECTION  LAW,  THE  FOLLOWING
 INFORMATION:  (A)  ALL  NAME  FIELDS; (B) ALL ADDRESS FIELDS; (C) DMV ID
 NUMBER; (D) LAST FOUR DIGITS OF THE  DMV  ID  HOLDER'S  SOCIAL  SECURITY
 NUMBER;  (E) DATE OF BIRTH; (F) CURRENT RECORD STATUS; (G) PHONE NUMBER;
 AND (H) E-MAIL ADDRESS,  PROVIDED  THAT  THE  CONDITIONS  AND  TERMS  OF
 MEMBERSHIP  ARE CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER AND TITLE
 TEN OF ARTICLE FIVE OF THE ELECTION LAW PERTAINING TO SUCH MEMBERSHIP OR
 RECIPROCAL RECOGNITION OF VEHICLE REGISTRATIONS.
   2. THE COMMISSIONER SHALL NOT PROVIDE ANY INFORMATION PURSUANT TO THIS
 SECTION OF PERSONS WHO ARE NOT CITIZENS.
   § 4. New York state shall join a  multistate  voter  list  maintenance
 organization  promptly  after  the  effective date of this act and shall
 complete its registration  with  a  multistate  voter  list  maintenance
 organization on or before July 31, 2025.
   § 5. This act shall take effect immediately.