S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    876
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  requiring a valid government issued photo identification
   card to be presented when casting a ballot

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 8-303 of the election law, as added by chapter 420
 of the laws of 2004, subparagraph 1 of paragraph (b) of subdivision 3 as
 amended by chapter 160 of the laws  of  2005,  is  amended  to  read  as
 follows:
   §  8-303. [Initial voter] VOTER identification. 1. Applicability. Each
 board of elections, in a uniform  and  nondiscriminatory  manner,  shall
 require  a  voter  to  meet  the requirements of subdivision two of this
 section [if:
   (a) the individual registered to vote in a jurisdiction by mail on  or
 after January first, two thousand three; and
   (b) the individual has not previously voted in an election for federal
 office in the jurisdiction of the board of elections].
   2.  Requirements. (a) In general. An individual meets the requirements
 of this subdivision if the individual:
   (1) in the case of an individual who votes in person[:  (i)], presents
 to the appropriate election inspector, clerk or  coordinator  a  current
 and valid GOVERNMENT ISSUED photo identification[; or
   (ii)  presents to the appropriate election inspector, clerk or coordi-
 nator a copy of a  current  utility  bill,  bank  statement,  government
 check,  paycheck,  or  other government document that shows the name and
 address of the voter]; or
   (2) in the case of an individual who votes by  mail,  submits  in  the
 outer  envelope with the envelope containing the ballot[: (i)] a copy of
 a current and valid GOVERNMENT ISSUED photo identification[; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03703-01-3
              

 S. 876                              2

   (ii) a copy of a current  utility  bill,  bank  statement,  government
 check,  paycheck,  or  other government document that shows the name and
 address of the voter].
   (3)  A  VALID AND CURRENT GOVERNMENT ISSUED PHOTO IDENTIFICATION SHALL
 INCLUDE: A NEW YORK STATE DRIVER'S LICENSE OR NON-DRIVER  ID;  A  UNITED
 STATES PASSPORT; AN IDENTIFICATION CARD ISSUED BY A UNITED STATES EDUCA-
 TIONAL  INSTITUTION;  A  UNITED  STATES  MILITARY IDENTIFICATION CARD; A
 GOVERNMENT ISSUED MEDICAL CARD OR ANY IDENTIFICATION CARD ISSUED BY  THE
 UNITED STATES OR THE STATE OF NEW YORK.
   (b) Fail-safe voting. (1) An individual who desires to vote in person,
 but [who does not meet the requirements of subparagraph one of paragraph
 (a) of this subdivision] DOES NOT POSSESS A CURRENT AND VALID GOVERNMENT
 ISSUED PHOTO IDENTIFICATION, may cast an affidavit ballot[, and notwith-
 standing this section of law, such]. SUCH affidavit ballot shall be duly
 cast  and  counted[,  even  though  such  individual  does  not meet the
 requirements of subparagraph one of paragraph (a) of this  subdivision,]
 provided  such  individual  casting such ballot is an otherwise eligible
 voter pursuant to law, provided further THAT THE INDIVIDUAL PRODUCES  TO
 THE LOCAL BOARD OF ELECTIONS A VALID AND CURRENT GOVERNMENT ISSUED PHOTO
 IDENTIFICATION  WITHIN  THREE  DAYS OF CASTING THAT BALLOT AND that such
 ballot otherwise complies with the requirements of law.
   (2) An individual who desires to vote by mail but who does  not  [meet
 the  requirements  of subparagraph two of paragraph (a) of this subdivi-
 sion] POSSESS A CURRENT AND VALID GOVERNMENT  ISSUED  PHOTO  IDENTIFICA-
 TION,  may cast such a ballot by mail and such ballot shall be duly cast
 and counted[, notwithstanding this  section,]  provided  [the  voter  is
 determined to be an eligible voter and provided further], THAT THE LOCAL
 BOARD  OF  ELECTIONS  DETERMINES  THE VALIDITY OF THE BALLOT BY MAIL AND
 that such ballot otherwise complies with the requirements of law.
   3. Inapplicability. Subdivisions one and two of this section shall not
 apply in the case of a person: (a) who registers to  vote  by  mail  and
 submits as part of such registration [either:
   (1)] a copy of a current and valid GOVERNMENT ISSUED photo identifica-
 tion; or
   [(2)  a  copy  of  a  current utility bill, bank statement, government
 check, paycheck, or government document that shows the name and  address
 of the voter;]
   (b)  [(1)]  who registers to vote by mail and submits with such regis-
 tration either:
   [(i)] (1) a driver's license or a department of  motor  vehicles  non-
 driver photo ID number; or
   [(ii)]  (2)  at  least the last four digits of the individual's social
 security number; and [(2)]  with  respect  to  whom  a  local  board  of
 elections  matches the information submitted under [subparagraph one of]
 this paragraph with an existing state identification record bearing  the
 number, name and date of birth of such voter; [or] AND
   [(c)  who  is:  (1)]  (3)  SUCH PERSON IS entitled to vote by absentee
 ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42
 U.S.C. 1973ff-1 et seq.); AND
   [(2)] (4) SUCH PERSON IS provided the right to vote otherwise than  in
 person  under section 3 (b) (2) (B) (ii) of the Voting Accessibility for
 the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2)  (B)  (ii));
 or
   [(3)] (5) IS entitled to vote otherwise than in person under any other
 federal law.
 S. 876                              3
 
   §  2.  Subdivision  2 of section 491 of the vehicle and traffic law is
 amended by adding a new paragraph (f) to read as follows:
   (F)  ANY ADULT CITIZEN WHOSE INCOME QUALIFIES HIM OR HER FOR MEDICAID,
 AS VERIFIED IN WRITING BY THE COUNTY'S DEPARTMENT  OF  SOCIAL  SERVICES,
 SHALL  NOT  BE  REQUIRED TO PAY ANY FEE FOR AN IDENTIFICATION CARD. THIS
 PROVISION SHALL NOT APPLY TO IDENTIFICATION CARDS DESCRIBED IN PARAGRAPH
 (E) OF THIS SUBDIVISION, WHICH CAN BE USED FOR CERTAIN BORDER CROSSINGS.
   § 3. This act shall take effect immediately.