NY State Senate Bill 2025-S4364

Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2025	referred to elections

co-Sponsors

2025-S4364 (ACTIVE) - Details

See Assembly Version of this Bill:: A2635
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-213, 5-402 & 5-712, El L
Versions Introduced in 2023-2024 Legislative Session:: S6168, A6764

2025-S4364 (ACTIVE) - Summary

Ensures that boards of elections provide adequate notice to each voter before and after a board cancels the voter's registration or places such voter in inactive status.

2025-S4364 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4364

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to notices to voters of
registration cancellation or inactive status

 
PURPOSE:

The purpose of this bill is to ensure that boards of elections provide
adequate notice to each voter before and after a board cancels the
voter's registration or places the voter's registration in inactive
status. The bill would ensure that boards of elections use all addresses
and communication methods in the voter's registration record to notify
the voter of cancellation or inactive status, including email address
and phone number when an email address or phone number is in the voter's
registration record. This bill would also ensure that each voter is
notified of the reason that the voter's registration has been cancelled
or placed in inactive status, and that boards of elections use uniform,
statewide forms of notice approved by the state board of elections for
notification purposes.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends § 5-213 of the election law by adding a new
subdivision 6. Subdivision 6 will provide that when a board of elections
places a voter's registration in inactive status, the board must notify
the voter using first-class forwardable mail addressed to the address
where the board believes the voter now resides and the address at which
the voter is registered, and any email addresses and telephone numbers
of the voter contained in the voter's registration record. The bill
provides that the notices must explain the reason why the voter has been
placed in inactive status. The bill also provides that boards of
elections must use uniform, state-wide forms of notice approved by the
state board of elections for this purpose.

Section 2 of the bill amends subdivisions 2 and 3 and adds a new subdi-
vision 5 to § 5-402 of the election law to provide that prior to, and
after, cancelling a voter's registration, boards of elections must
provide notices to voters using first-class forwardable mail addressed
to the address where the board believes the voter now resides and the
address at which the voter is registered, and any email addresses and
telephone numbers of the voter contained in the voter's registration
record. The bill provides that the notices must explain the reason why
the board intends to cancel the voter's registration. The bill also
provides that boards of elections must use uniform, state-wide forms of
notice approved by the state board of elections for this purpose.

Section 3 of the bill amends subdivisions 2, 3 and 5 of § 5-712 of the
election law to provide better notice to voters before they are placed
in inactive status. Subdivision 2(a) is amended to require that boards
of election must send a first notice to the voter at the voter's new
address by forwardable, first-class mail, and to any email addresses and
phone numbers in the voter's registration record.  Subdivision 2(b) is
amended to require that, if the first notice is returned as undelivera-
ble, boards of election must send a second notice to the voter at the
voter's registration address by forwardable, first-class mail, and to
any email addresses and phone numbers in the voter's registration
record. The amendment to subdivision 3 of § 5-712 requires that the
notices sent by boards of election must be uniform, statewide forms
approved by the state board of elections.

Section 4 of the bill provides that the legislation will be effective
immediately.

 
JUSTIFICATION:

Many voters arrive at the polls only to find that, without their know-
ledge, their voter registration was cancelled or placed in inactive
status. This may occur even though there was no change in the voter's
residence or qualification to vote.

Some voters' registrations have been cancelled intentionally and ille-
gally. City and State reported that, prior to the 2016 election, the New
York City Board of Elections illegally purged 200,000 voters from the
poll books in Brooklyn, Queens and Manhattan. The NYC Board of Elections
subsequently settled a lawsuit over the purge by admitting that it broke
federal and state election laws.

Boards of elections can cancel voter registrations or place them in
inactive status based on information from the postal authorities and
other government agencies suggesting that the voter has a new address or
has asked for mail to be forwarded (Election Law 5-208, 5-402 & 5-712).
This information, however, may be incorrect. Voters sometimes forward
their mail, or move temporarily, without giving up their registration
address.

This bill would require more robust efforts by boards of elections to
notify voters before changing their registration status.

For example, under current law, when a board believes a voter's regis-
tration should be cancelled because it has a new address for the voter,
the board is required to mail a notice only to the address where the
voter was last registered. (Election Law, 5-402) If the voter has moved
to a new address, the notice may not reach the voter.  This bill would
require the board to mail notice to the voter's last registered address

 
LEGISLATIVE HISTORY:

2024: S6168 Comrie/ A6764 Cunningham

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4364 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4364
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sens. COMRIE, JACKSON -- 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 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
 in writing by mail, stating the reasons why [his] SUCH VOTER'S registra-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05644-01-5

 S. 4364                             2
 
 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
 RECORDS FOR THE VOTER. Such change of address notices shall include, but
 S. 4364                             3

 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.

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Senate Bill S4364

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

2025-S4364 (ACTIVE) - Details

2025-S4364 (ACTIVE) - Summary

2025-S4364 (ACTIVE) - Sponsor Memo

2025-S4364 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4364

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Elections Committee

co-Sponsors

Robert Jackson

2025-S4364 (ACTIVE) - Details

2025-S4364 (ACTIVE) - Summary

2025-S4364 (ACTIVE) - Sponsor Memo

2025-S4364 (ACTIVE) - Bill Text download pdf

Comments