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This entry was published on 2023-03-31
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SECTION 5-212
Motor vehicle registration
Election (ELN) CHAPTER 17, ARTICLE 5, TITLE 2
§ 5-212. Motor vehicle registration. 1. In addition to any other
method of voter registration provided for in this article, any qualified
person may apply for registration and enrollment by application made
simultaneously and integrated with an application for a motor vehicle
driver's license, a driver's license renewal or an identification card
if such a card is issued by the department of motor vehicles in its
normal course of business.

2. The department of motor vehicles, with the approval of the state
board of elections, shall design a form or forms which shall, in
addition to eliciting such information as may be required by the
department of motor vehicles for a driver's license, a driver's license
renewal, a change of address notification or an identification card,
serve as an application for registration and enrollment, or a
registration necessitated by a change of residence. The cost of such
forms shall be borne by the department of motor vehicles.

3. The voter registration portion of such forms:

(a) shall not require any information that duplicates the information
required on the application for the driver license portion and shall
require only such additional information, including the applicant's
signature, as will enable election officials to assess the applicant's
eligibility to register to vote, prevent duplicate registration and to
administer voter registration and other parts of the election process.

(b) shall include a statement of the eligibility requirements for
voter registration and shall require the applicant to attest by his
signature that he meets those requirements under penalty of perjury.

(c) shall inform the applicant, in print identical to that used in the
attestation section of the following:

(i) voter eligibility requirements;

(ii) penalties for submission of false registration application;

(iii) that the office where applicant registers shall remain
confidential and the information be used only for voter registration
purposes;

(iv) if the applicant declines to register, his declination shall
remain confidential and be used only for voter registration purposes;

4. Included on the form or on a separate form shall be:

(a) the question, "If you are not registered to vote where you live
now, would you like to apply to register here today?"

(b) boxes for the applicant to check to indicate whether the applicant
would like to register or decline to register to vote.

(c) the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME."

(d) the statement, "If you would like help in filling out the voter
registration application form, we will help you. The decision whether to
seek or accept help is yours. You may fill out the application form in
private."

(e) the statement, "If you believe that someone has interfered with
your right to register or decline to register to vote, your right to
privacy in deciding whether to register or in applying to register to
vote, or your right to choose your own political party or other
political preference, you may file a complaint with the state board of
elections (address and toll free telephone number)."

(f) a toll free number at the state board of elections that can be
called for answers to registration questions.

5. The form containing the declination to register to vote shall be
retained by the department of motor vehicles for the same period of time
as such department retains the accompanying application for services or
for such shorter period of time as may be approved by the state board of
elections.

6. The department of motor vehicles shall transmit that portion of the
form which constitutes the completed application for registration or
change of address form to the appropriate board of elections not later
than ten days after receipt except that all such completed applications
and forms received by the department after the twentieth day prior to an
election and by the twelfth day before such election shall be
transmitted in such manner and at such time as to assure their receipt
by such board of elections as soon as practicable and not later than the
tenth day before such election. All transmittals shall include original
signatures.

7. Completed application forms received by the department of motor
vehicles not later than the twelfth day before the next ensuing primary,
general or special election and transmitted by such department to the
appropriate board of elections so that they are received not later than
the tenth day before such election shall entitle the applicant to vote
in such election provided the board determines that the applicant is
otherwise qualified.

8. Disclosure of voter registration information, including a
declination to register, by the department of motor vehicles, its agents
or employees, for other than voter registration purposes, shall be
deemed an unwarranted invasion of personal privacy pursuant to the
provisions of subdivision two of section eighty-nine of the public
officers law and shall constitute a violation of this chapter.

9. Application forms shall be processed by the board of elections in
the manner prescribed by section 5-210 of this title or, if the
applicant is already registered to vote from another address in such
county or city, in the manner prescribed by section 5-208 of this title.
The board shall send the appropriate notice of approval or rejection as
required by either subdivision nine of such section 5-210 or subdivision
five of such section 5-208.

10. Strict neutrality with respect to a person's party enrollment
shall be maintained and all persons seeking voter registration forms and
information shall be advised that government services are not
conditioned on being registered to vote.

11. No statement shall be made nor any action taken to discourage the
applicant from registering to vote.

12. The department of motor vehicles shall provide to each person who
chooses to register to vote the same level of assistance provided to
persons in connection with the completion of the agency's own forms,
unless such person refuses such assistance.

13. The state board shall adopt such rules and regulations as may be
necessary to carry out the requirements of this section. The board shall
also adopt such rules and regulations as may be necessary to require
county boards and the department of motor vehicles to provide the state
board with such information and data as the board deems necessary to
assess compliance with this section and to compile such statistics as
may be required by the federal elections commission.

14. The state board shall develop and distribute public information
and promotional materials relating to the purposes and implementation of
this program.

15. The state board shall prepare and distribute to the department of
motor vehicles written instructions as to the implementation of the
program and shall be responsible for establishing training programs for
employees of the department of motor vehicles involved in such program.

16. The commissioner of motor vehicles shall take all actions which
are necessary and proper for the implementation of this section. The
commissioner of motor vehicles shall designate one person within the
agency as the agency voter registration coordinator who will, under the
direction of the state board of elections, be responsible for the voter
registration program in such agency.