S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2688
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to  amend  the election law and the vehicle and traffic law, in
   relation to requiring the board of elections to check  all  registered
   voter's  citizenship and lawful permanent resident status and requires
   showing government issued identification to vote
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 5-714
 to read as follows:
   § 5-714. CHECK OF  CITIZENSHIP.  THE  BOARD  OF  ELECTIONS,  WITH  THE
 DEPARTMENT OF MOTOR VEHICLES, SHALL CHECK ALL REGISTERED VOTER'S AND ALL
 PERSONS  ATTEMPTING  TO REGISTER TO VOTE'S CITIZENSHIP AND LAWFUL PERMA-
 NENT RESIDENT STATUS USING DEPARTMENT OF MOTOR VEHICLE RECORDS. WHENEVER
 IT APPEARS TO THE SATISFACTION OF A BOARD OF ELECTIONS THAT ANY VOTER OR
 WITNESS HAS MADE A FALSE STATEMENT, WHETHER OR NOT UNDER OATH, AFFECTING
 A PERSONS QUALIFICATIONS TO BE REGISTERED OR HAS GIVEN  FALSE  TESTIMONY
 AT  ANY  HEARING AFFECTING SUCH REGISTRATION, SUCH BOARD FORTHWITH SHALL
 FORWARD SUCH STATEMENT OR TESTIMONY TO THE DISTRICT ATTORNEY.
   § 2. 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].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03064-01-5
              

 A. 2688                             2
 
   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
   (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]
 A. 2688                             3
 
 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)  SUCH  PERSON  IS entitled to vote otherwise than in person
 under any other federal law.
   § 3. 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 SUCH CITIZEN FOR MEDI-
 CAID, 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.
   § 4. This act shall take effect immediately.