S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7894
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sens.  PARKER, KRUEGER, SEPULVEDA, SERRANO -- 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 enacting  the  "Modern-
   ized Voter Registration Act of New York"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "Modernized
 Voter Registration Act of New York".
   § 2. Title 2 of article 5 of the election law  is  amended  by  adding
 four new sections 5-200, 5-201, 5-205 and 5-207 to read as follows:
   §  5-200.  AUTOMATED VOTER REGISTRATION.  1. NOTWITHSTANDING ANY OTHER
 MANNER OF REGISTRATION REQUIRED BY THIS  ARTICLE,  EACH  PERSON  IN  THE
 STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
 BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
 PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
   2. THE STATE BOARD OF ELECTIONS OR COUNTY  BOARD  OF  ELECTIONS  SHALL
 REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE
 STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF  THIS  ARTICLE  WHO
 CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
   (A)  COMPLETES  AN  APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE,
 NON-DRIVER  IDENTIFICATION  CARD,  PRE-LICENSING   COURSE   CERTIFICATE,
 LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
 MENT  OF  MOTOR  VEHICLES,  OR  NOTIFIES SUCH DEPARTMENT IN WRITING OF A
 CHANGE OF HIS OR HER NAME OR ADDRESS;
   (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
 FOR  SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
 CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
   (C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
 FOR  SERVICES,  OR  CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY
 MUNICIPAL HOUSING AUTHORITY AS SET FORTH  IN  ARTICLE  THIRTEEN  OF  THE
 PUBLIC HOUSING LAW;
   (D)  REGISTERS  FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
 NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05575-01-3
 S. 7894                             2
 
   (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
 PAROLE;
   (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
   (G) BECOMES A MEMBER OR EMPLOYEE OF THE DIVISION OF MILITARY AND NAVAL
 AFFAIRS; OR
   (H)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
 DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
 THREE OF THIS SECTION.
   3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
 CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
 TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
 YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
 PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION, THE DEPARTMENT OF LABOR, THE  DIVISION  OF  MILITARY  AND  NAVAL
 AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS PURSU-
 ANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (B)  THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN-
 CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
 CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
   (I) THE LIKELIHOOD THAT SOURCE  RECORDS  REFLECT  A  LARGE  NUMBER  OF
 ELIGIBLE CITIZENS;
   (II)  THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO
 WOULD NOT OTHERWISE BE REGISTERED  UNDER  THE  ACT  TO  MODERNIZE  VOTER
 REGISTRATION;
   (III)  THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS;
 AND
   (IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION  OFFICIAL
 AS  REASONABLY  RELATED  TO  ACCOMPLISHING  THE  PURPOSES  OF THE ACT TO
 MODERNIZE VOTER REGISTRATION.
   4. THE STATE BOARD OF ELECTIONS AND THE SOURCE  AGENCIES  SHALL  ENTER
 INTO  AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION
 TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO  THE
 STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
 THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
   (A) GIVEN NAME OR NAMES AND SURNAME OF SURNAMES;
   (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
   (C) DATE OF BIRTH;
   (D) CITIZENSHIP;
   (E)  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
 FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE  FOR  THE
 PERSON TO INDICATE THAT HER OR SHE DOESN'T NOT HAVE ANY SUCH NUMBER;
   (F) POLITICAL PARTY ENROLLMENT, IF ANY;
   (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
 BALLOT, IF ANY; AND
   (H) AN IMAGE OF THE PERSON'S SIGNATURE.
   IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT  TO  THIS  SECTION
 FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
 SIGNATURE  SHALL  NOT  PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
 THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO  ENABLE  AN  ELIGIBLE
 CITIZEN,  WHOSE  INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
 WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A  SIGNATURE
 AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
 BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT  PROVIDED  A
 SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
 BALLOT  TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
 S. 7894                             3
 
 A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,  PAYCHECK,  OR
 OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
   5. IF AN AGENCY DOES NOT  ROUTINELY REQUEST INFORMATION CONCERNING THE
 CITIZENSHIP  STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS SUFFICIENT
 TO TRANSMIT TO THE BOARD INDICATIONS OF UNITED  STATES  CITIZENSHIP  FOR
 EACH  PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, BUT SHALL NOT
 RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO  AN  INDIVIDUAL'S
 CITIZENSHIP FOR ANY OTHER PURPOSE.
   6.  THE  STATE  BOARD  OF  ELECTIONS  SHALL  PREPARE AND DISTRIBUTE TO
 PARTICIPATING AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION  OF
 THE  PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS
 FOR EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING  SHALL
 INCLUDE  REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE TO
 EACH INDIVIDUAL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION  THAT  THE
 SOURCE  AGENCY  MAINTAINS  STRICT  NEUTRALITY WITH RESPECT TO A PERSON'S
 PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER  REGISTRATION  FORMS  AND
 INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
 TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO  VOTE.
 NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
 CANT FROM REGISTERING TO VOTE.
   7.  THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE
 AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
 TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
 TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION,  ADDITIONAL
 INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
 TATING  VOTER  REGISTRATION,  THE  FREQUENCY  OF DATA TRANSMISSIONS, THE
 PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE  SECURITY
 AND  PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
 SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
   8. EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD  OF
 ELECTIONS  AND  COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
 TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
 TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH  SUCH
 PERSON  TO  VOTE  OR  TO  UPDATE  EACH  SUCH PERSON'S VOTER REGISTRATION
 RECORD.
   9. EACH SOURCE AGENCY SHALL ENTER INTO AN  AGREEMENT  WITH  THE  STATE
 BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
 SMISSIONS  REQUIRED  BY  THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
 THOUSAND TWENTY-FIVE; PROVIDED, THAT EACH SOURCE AGENCY SHALL BE ABLE TO
 COMPLY FULLY WITH  ALL  REQUIREMENTS  OF  THIS  SECTION,  INCLUDING  THE
 COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
 TO VOTE, BY JANUARY FIRST, TWO THOUSAND TWENTY-SIX.
   §  5-201.  SAME DAY REGISTRATION. EACH COUNTY SHALL ALLOW ANY ELIGIBLE
 INDIVIDUAL ON THE DAY OF AN ELECTION AND ON ANY DAY WHEN VOTING, INCLUD-
 ING EARLY VOTING, TO REGISTER TO VOTE IN SUCH ELECTION  AT  THE  POLLING
 PLACE AND TO CAST A VOTE IN SUCH ELECTION.
   §  5-205.  INTERNET  REGISTRATION.  1. THE BOARD SHALL ENSURE THAT THE
 FOLLOWING SERVICES ARE AVAILABLE TO THE PUBLIC AT ANY TIME ON THE  OFFI-
 CIAL  PUBLIC  WEBSITES OF THE APPROPRIATE COUNTY OR MUNICIPALITY, IN THE
 SAME MANNER AND SUBJECT TO THE SAME TERMS AND CONDITIONS AS THE SERVICES
 PROVIDED BY VOTER REGISTRATION REGULATIONS: (A) ONLINE  APPLICATION  FOR
 VOTER  REGISTRATION;  (B) ONLINE ASSISTANCE TO APPLICANTS IN APPLYING TO
 REGISTER TO VOTE; (C) ONLINE COMPLETION AND SUBMISSION BY APPLICANTS  OF
 THE  MAIL  VOTER  REGISTRATION  APPLICATION  INCLUDING  ASSISTANCE  WITH
 PROVIDING A SIGNATURE IN ELECTRONIC FORM;  AND  (D)  ONLINE  RECEIPT  OF
 COMPLETED VOTER REGISTRATION APPLICATIONS.
 S. 7894                             4
 
   2.  ANY  COUNTY OR MUNICIPALITY SHALL ACCEPT AN ONLINE VOTER REGISTRA-
 TION APPLICATION PROVIDED BY  AN  INDIVIDUAL  UNDER  THIS  SECTION,  AND
 ENSURE  THAT  THE  INDIVIDUAL IS REGISTERED TO VOTE IN THE STATE, IF (A)
 THE INDIVIDUAL MEETS THE SAME VOTER REGISTRATION REQUIREMENTS APPLICABLE
 TO  INDIVIDUALS  WHO REGISTER TO VOTE BY MAIL IN ACCORDANCE WITH THE LAW
 USING THE MAIL VOTER REGISTRATION APPLICATION FORM AND (B) THE  INDIVID-
 UAL PROVIDES A SIGNATURE IN ELECTRONIC FORM.
   3. FOR PURPOSES OF THIS SECTION, AN INDIVIDUAL PROVIDES A SIGNATURE IN
 ELECTRONIC  FORM  BY  (A) EXECUTING A COMPUTERIZED MARK IN THE SIGNATURE
 FIELD ON AN ONLINE VOTER REGISTRATION APPLICATION; OR
   (B) SUBMITTING WITH THE APPLICATION AN ELECTRONIC COPY OF THE INDIVID-
 UAL'S HANDWRITTEN SIGNATURE THROUGH ELECTRONIC MEANS.
   4. (A) UPON THE ONLINE SUBMISSION OF A  COMPLETED  VOTER  REGISTRATION
 APPLICATION  BY  AN INDIVIDUAL UNDER THIS SECTION, THE APPROPRIATE STATE
 OR LOCAL ELECTION OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE CONFIRMING
 THE STATE'S RECEIPT OF THE APPLICATION AND PROVIDING INSTRUCTIONS ON HOW
 THE INDIVIDUAL MAY CHECK THE STATUS OF THE APPLICATION, AND (B) AS  SOON
 AS  THE APPROPRIATE ELECTION OFFICIAL HAS APPROVED OR REJECTED AN APPLI-
 CATION SUBMITTED BY AN INDIVIDUAL UNDER THIS SECTION, THE OFFICIAL SHALL
 SEND THE INDIVIDUAL A NOTICE OF THE DISPOSITION OF THE APPLICATION.
   5. ANY COUNTY OR MUNICIPALITY SHALL MAKE THE SERVICES  MADE  AVAILABLE
 ONLINE  UNDER  SUBDIVISION ONE OF THIS SECTION AVAILABLE THROUGH THE USE
 OF AN AUTOMATED TELEPHONE-BASED SYSTEM, SUBJECT TO THE  SAME  TERMS  AND
 CONDITIONS  APPLICABLE UNDER THIS SECTION TO THE SERVICES MADE AVAILABLE
 ONLINE, IN ADDITION TO MAKING THE SERVICES AVAILABLE ONLINE  IN  ACCORD-
 ANCE WITH THE REQUIREMENTS OF THIS SECTION.
   §  5-207.  UPDATING  REGISTRATION INFORMATION THROUGH THE INTERNET. 1.
 THE BOARD SHALL ENSURE THAT ANY REGISTERED  VOTER  ON  THE  COMPUTERIZED
 LIST  MAY  AT  ANY  TIME  UPDATE  THE  VOTER'S REGISTRATION INFORMATION,
 INCLUDING THE  VOTER'S  ADDRESS  AND  ELECTRONIC  MAIL  ADDRESS,  ONLINE
 THROUGH THE OFFICIAL PUBLIC WEBSITE OF THE ELECTION OFFICIAL RESPONSIBLE
 FOR  THE  MAINTENANCE  OF  THE LIST, SO LONG AS THE VOTER ATTESTS TO THE
 CONTENTS OF THE UPDATE BY PROVIDING A SIGNATURE IN  ELECTRONIC  FORM  IN
 THE SAME MANNER REQUIRED UNDER THE LAW.
   2.  APPLICATIONS  FOR  VOTER  REGISTRATION SHALL PROVIDE AN OPTION FOR
 VOTERS TO RECEIVE VOTER INFORMATION AND FUTURE REGISTRATION  INFORMATION
 AND CORRESPONDENCE BY EMAIL.
   3.  THE  BOARD OF ELECTIONS SHALL NOTIFY EVERY REGISTERED VOTER OF THE
 OPTION TO REGISTER AND MAKE CHANGES TO THEIR VOTER INFORMATION ELECTRON-
 ICALLY.
   § 3. Subdivision 5 of section 5-210 of the election law is amended  by
 adding a new paragraph (n) to read as follows:
   (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
 SOURCE  AGENCIES  AND  THE  STATE  OR COUNTY BOARDS OF ELECTIONS ARE NOT
 REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION  OF  THE  INFORMATION
 REQUESTED  IN  PARAGRAPH (J) OR SUBPARAGRAPH (I), (V), (XI) OR (XIII) OF
 PARAGRAPH (K) OF THIS SUBDIVISION,  AND  NO  BOARD  OF  ELECTIONS  SHALL
 REFUSE  TO  REGISTER  TO  VOTE  OR UPDATE THE REGISTRATION RECORD OF ANY
 PERSON IN THE STATE WHOSE INFORMATION IS TRANSMITTED PURSUANT TO SECTION
 5-200 OF THIS TITLE FOR  THE  REASON  THAT  SUCH  INFORMATION  DOES  NOT
 INCLUDE  THE INFORMATION REQUESTED BY PARAGRAPH (J) OR SUBPARAGRAPH (I),
 (V), (X), (XI) OR (XIII) OF PARAGRAPH (K) OF THIS SUBDIVISION.
   § 4. This act shall take effect immediately.