S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2635
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 Introduced  by  M. of A. CUNNINGHAM, PAULIN, R. CARROLL, GONZALEZ-ROJAS,
   BICHOTTE HERMELYN, MEEKS -- read once and referred to the Committee on
   Election Law
 
 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] SUCH
 VOTER'S registration, notify [him] SUCH VOTER, in a  UNIFORM,  STATEWIDE
 form approved by the state board of elections, [by first class forwarda-
 ble  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] SUCH VOTER may appear before the board or answer
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05644-01-5
              

 A. 2635                             2
 
 in writing by mail, stating the reasons why [his] SUCH VOTER'S registra-
 tion  should  not be cancelled. 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] SUCH VOTER'S registration [will] SHALL be
 cancelled. Such notice shall also advise the voter of [his] SUCH VOTER'S
 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  regis-
 tration  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 registration of a voter whose name
 has  been  in  inactive status for at least the period required by para-
 graph (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]  SUCH
 VOTER'S  continued  eligibility  to  vote  in such county or city and to
 indicate [his] SUCH VOTER'S current address in the county or city and  a
 statement that failure to return the card [will] SHALL result in cancel-
 lation  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] SUCH VOTER so appears or writes, the board is not
 satisfied that [he] SUCH VOTER is qualified to  remain  registered,  the
 board shall cancel [his] SUCH VOTER'S 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
 A. 2635                             3

 RECORDS FOR THE VOTER. Such change of address notices shall include, but
 not be limited to, notices of change of  address  received  pursuant  to
 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]  SUCH  VOTER  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.