S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2538
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, DILAN, HASSELL-THOMPSON,
         HOYLMAN, KENNEDY,  KRUEGER,  MONTGOMERY,  PERALTA,  PERKINS,  SAMPSON,
         SERRANO,  STAVISKY, STEWART-COUSINS -- 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  enacting  the  "voter
         empowerment act of New York"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "voter empowerment act of New York".
    3    S  2.  Section  5-104  of  the election law is amended by adding a new
    4  subdivision 3 to read as follows:
    5    3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION REGARD-
    6  ING THE RIGHT OF STUDENTS TO REGISTER AND VOTE SHALL BE INTERPRETED IN A
    7  MANNER CONSISTENT WITH THE CONSTITUTIONAL REQUIREMENT THAT EACH  CITIZEN
    8  MUST  BE  PERMITTED TO VOTE IN THAT COMMUNITY WHICH IS THE "LOCUS OF ...
    9  PRIMARY CONCERN" TO THAT CITIZEN AT THE TIME OF THE ELECTION. ACCORDING-
   10  LY, A STUDENT ATTENDING A COLLEGE OR UNIVERSITY IN THIS STATE  SHALL  BE
   11  PERMITTED TO RETAIN HIS OR HER PARENTAL RESIDENCE FOR VOTING PURPOSES IF
   12  THE  PARENTAL  COMMUNITY  REMAINS  THE  LOCUS  OF  THE STUDENT'S PRIMARY
   13  CONCERN OR, IN THE ALTERNATIVE, A STUDENT SHALL BE PERMITTED TO REGISTER
   14  AND VOTE FROM HIS OR HER RESIDENCE  WITHIN  THE  COLLEGE  OR  UNIVERSITY
   15  COMMUNITY IF HE OR SHE REGARDS THE COLLEGE OR UNIVERSITY AS THE COMMUNI-
   16  TY OF PRIMARY CONCERN.
   17    S 3. The election law is amended by adding a new section 5-200 to read
   18  as follows:
   19    S  5-200.  AUTOMATED  VOTER REGISTRATION. 1. NOTWITHSTANDING ANY OTHER
   20  MANNER OF REGISTRATION REQUIRED BY THIS  ARTICLE,  EACH  PERSON  IN  THE
   21  STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
   22  BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
   23  PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03180-01-5
       S. 2538                             2
    1    2. THE STATE BOARD OF ELECTIONS OR COUNTY  BOARD  OF  ELECTIONS  SHALL
    2  REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE
    3  STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF  THIS  ARTICLE  WHO
    4  CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
    5    (A)  COMPLETES  AN  APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE,
    6  NON-DRIVER  IDENTIFICATION  CARD,  PRE-LICENSING   COURSE   CERTIFICATE,
    7  LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
    8  MENT  OF  MOTOR  VEHICLES,  OR  NOTIFIES SUCH DEPARTMENT IN WRITING OF A
    9  CHANGE OF HIS OR HER NAME OR ADDRESS;
   10    (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
   11  FOR  SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
   12  CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
   13    (C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
   14  FOR  SERVICES,  OR  CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY
   15  MUNICIPAL HOUSING AUTHORITY AS SET FORTH  IN  ARTICLE  THIRTEEN  OF  THE
   16  PUBLIC HOUSING LAW;
   17    (D)  REGISTERS  FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
   18  NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
   19    (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
   20  PAROLE;
   21    (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
   22    (G) BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF  MILITARY
   23  AND NAVAL AFFAIRS; OR
   24    (H)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
   25  DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
   26  THREE OF THIS SECTION.
   27    3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
   28  CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
   29  TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
   30  YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
   31  PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
   32  VISION, THE DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF  MILITARY  AND
   33  NAVAL  AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS
   34  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   35    (B) THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE  AGEN-
   36  CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
   37  CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
   38    (I)  THE  LIKELIHOOD  THAT  SOURCE  RECORDS  REFLECT A LARGE NUMBER OF
   39  ELIGIBLE CITIZENS;
   40    (II) THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS  WHO
   41  WOULD  NOT  OTHERWISE  BE  REGISTERED  UNDER  THE ACT TO MODERNIZE VOTER
   42  REGISTRATION;
   43    (III) THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE  RECORDS;
   44  AND
   45    (IV)  ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION OFFICIAL
   46  AS REASONABLY RELATED TO  ACCOMPLISHING  THE  PURPOSES  OF  THE  ACT  TO
   47  MODERNIZE VOTER REGISTRATION.
   48    4.  THE  STATE  BOARD OF ELECTIONS AND THE SOURCE AGENCIES SHALL ENTER
   49  INTO AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN  SUBDIVISION
   50  TWO  OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO THE
   51  STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
   52  THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
   53    (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
   54    (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
   55    (C) DATE OF BIRTH;
   56    (D) CITIZENSHIP;
       S. 2538                             3
    1    (E) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION  CARD  NUMBER,  LAST
    2  FOUR  DIGITS  OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE FOR THE
    3  PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
    4    (F) POLITICAL PARTY ENROLLMENT, IF ANY;
    5    (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
    6  BALLOT, IF ANY; AND
    7    (H) AN IMAGE OF THE PERSON'S SIGNATURE.
    8    IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT  TO  THIS  SECTION
    9  FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
   10  SIGNATURE  SHALL  NOT  PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
   11  THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO  ENABLE  AN  ELIGIBLE
   12  CITIZEN,  WHOSE  INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
   13  WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A  SIGNATURE
   14  AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
   15  BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT  PROVIDED  A
   16  SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
   17  BALLOT  TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
   18  A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,  PAYCHECK,  OR
   19  OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
   20    5.  IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING THE
   21  CITIZENSHIP STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS  SUFFICIENT
   22  TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
   23  ZENSHIP  FOR  EACH  PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
   24  BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO  AN
   25  INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
   26    6.  THE  STATE  BOARD  OF  ELECTIONS  SHALL  PREPARE AND DISTRIBUTE TO
   27  PARTICIPATING AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION  OF
   28  THE  PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS
   29  FOR EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING  SHALL
   30  INCLUDE  REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE TO
   31  EACH INDIVIDUAL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION  THAT  THE
   32  SOURCE  AGENCY  MAINTAINS  STRICT  NEUTRALITY WITH RESPECT TO A PERSON'S
   33  PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER  REGISTRATION  FORMS  AND
   34  INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
   35  TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO  VOTE.
   36  NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
   37  CANT FROM REGISTERING TO VOTE.
   38    7.  THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE
   39  AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
   40  TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
   41  TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION,  ADDITIONAL
   42  INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
   43  TATING  VOTER  REGISTRATION,  THE  FREQUENCY  OF DATA TRANSMISSIONS, THE
   44  PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE  SECURITY
   45  AND  PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
   46  SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
   47    8. EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD  OF
   48  ELECTIONS  AND  COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
   49  TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
   50  TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH  SUCH
   51  PERSON  TO  VOTE  OR  TO  UPDATE  EACH  SUCH PERSON'S VOTER REGISTRATION
   52  RECORD.
   53    9. EACH SOURCE AGENCY SHALL ENTER INTO AN  AGREEMENT  WITH  THE  STATE
   54  BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
   55  SMISSIONS  REQUIRED  BY  THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
   56  THOUSAND FOURTEEN; PROVIDED, THAT EACH SOURCE AGENCY SHALL  BE  ABLE  TO
       S. 2538                             4
    1  COMPLY  FULLY  WITH  ALL  REQUIREMENTS  OF  THIS  SECTION, INCLUDING THE
    2  COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
    3  TO VOTE, BY JANUARY FIRST, TWO THOUSAND FIFTEEN.
    4    S 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
    5  vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
    6  as  added  by  chapter  659  of the laws of 1994, are amended to read as
    7  follows:
    8    1. The board of elections shall transfer the registration and  enroll-
    9  ment  of any voter for whom it receives a notice of change of address to
   10  another address in the [same county or city] STATE, or for any voter who
   11  [casts] SUBMITS a ballot in an  affidavit  ballot  envelope  which  sets
   12  forth such a new address.  Such notices shall include, but not be limit-
   13  ed  to,  notices  received  from any state agency which conducts a voter
   14  registration program pursuant to the provisions of  sections  5-211  and
   15  5-212  of  this  title OR WHICH TRANSMIT INFORMATION, that the voter has
   16  notified such agency of a change of address in the [same city or county]
   17  STATE unless the voter has indicated that such change of address is  not
   18  for  voter  registration purposes, notices of change of address from the
   19  United States Postal Service through  the  National  Change  of  Address
   20  System,  any  notices of a forwarding address on mail sent to a voter by
   21  the board of elections and returned by the postal service,  national  or
   22  state  voter  registration  forms,  confirmation mailing response cards,
   23  United States Postal Service notices  to  correspondents  of  change  of
   24  address,  applications  for registration from persons already registered
   25  in such county or city, or any other notices to correspondents  sent  to
   26  the board of elections by such voters.
   27    6.  If a notice sent pursuant to [subdivision five of] this section is
   28  returned [by the postal service] as undeliverable and without a forward-
   29  ing address, the board of elections shall  return  the  registration  of
   30  such  voter  to  the  original  address,  send such voter a confirmation
   31  notice pursuant to the provisions of subdivision one of section 5-712 of
   32  this [title] ARTICLE and place such voter in inactive status.
   33    S 5. Subdivision 3 of section 5-208 of the election law, as  added  by
   34  chapter 659 of the laws of 1994, is amended to read as follows:
   35    3.  If  such  a notice is received at least [twenty] TEN days before a
   36  primary, special or general election, such change  of  address  must  be
   37  completed  before  such  election.  IF  SUCH A NOTICE IS NOT RECEIVED AT
   38  LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR  GENERAL  ELECTION,  THEN  A
   39  VOTER  MAY  VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF SECTION 8-302
   40  OF THIS CHAPTER.
   41    S 6. Subdivision 1 of section 4-117 of the election law, as amended by
   42  chapter 288 of the laws of 2009, is amended to read as follows:
   43    1. The board of elections, between August first and  August  fifth  of
   44  each  year, shall send by first class mail on which is endorsed "ADDRESS
   45  CORRECTION REQUESTED" and which contains a request that  any  such  mail
   46  received  for persons not residing at the address be dropped back in the
   47  mail, a communication,  in  a  form  approved  by  the  state  board  of
   48  elections,  to  every registered voter who has been registered without a
   49  change of address since the beginning of  such  year,  except  that  the
   50  board  of elections shall not be required to send such communications to
   51  voters in inactive status. The communication shall notify the  voter  of
   52  the  days  and  hours  of the ensuing primary and general elections, the
   53  place where he appears by his registration records  to  be  entitled  to
   54  vote,  the  fact  that voters who have moved or will have moved from the
   55  address where they were last registered must [re-register  or,  that  if
   56  such  move  was to another address in the same county or city, that such
       S. 2538                             5
    1  voter may] either notify the board of elections of his  new  address  or
    2  vote  by  paper  ballot at the polling place for his new address even if
    3  such voter has not re-registered, or otherwise  notified  the  board  of
    4  elections of the change of address. If the location of the polling place
    5  for  the  voter's  election  district  has been moved, the communication
    6  shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
    7  BEEN CHANGED. YOU NOW VOTE AT..........". The communication  shall  also
    8  indicate  whether the polling place is accessible to physically disabled
    9  voters, that a voter who will be out of the city or county on the day of
   10  the primary or general election or a voter  who  is  ill  or  physically
   11  disabled may obtain an absentee ballot, that a physically disabled voter
   12  whose  polling place is not accessible may request that his registration
   13  record be moved to an election district which has a polling place  which
   14  is  accessible,  the  phone  number  to  call for applications to move a
   15  registration record or  for  absentee  ballot  applications,  the  phone
   16  number  to call for the location of registration and polling places, the
   17  phone number to call to indicate that the voter is willing to  serve  on
   18  election  day  as  an  election inspector, poll clerk, interpreter or in
   19  other capacities, the phone number to call to obtain an application  for
   20  registration   by  mail,  and  such  other  information  concerning  the
   21  elections or registration as the board may include. In lieu  of  sending
   22  such communication to every registered voter, the board of elections may
   23  send  a  single  communication  to  a household containing more than one
   24  registered voter, provided that the names of all such voters  appear  as
   25  part of the address on such communication.
   26    S  7.  Paragraph (a) of subdivision 1 of section 5-400 of the election
   27  law, as amended by chapter 659 of the laws of 1994, is amended  to  read
   28  as follows:
   29    (a) Moved his OR HER residence outside the [city or county in which he
   30  is registered] STATE.
   31    S  8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
   32  the election law, paragraphs (b) and (d) as  added  by  section  20  and
   33  paragraph  (c) as added and paragraph (d) as relettered by section 22 of
   34  chapter 659 of the laws of 1994, are amended to read as follows:
   35    (b) A notice that the registrant has moved to an address  outside  the
   36  [city or county] STATE which is signed by the registrant and sent to the
   37  board of elections.
   38    (c)  A  notice  signed by the registrant which states that such regis-
   39  trant has moved to an address outside the [city  or  county]  STATE  and
   40  that such change of address is for voter registration purposes.
   41    (d)  A  notice  from  a board of elections or other voter registration
   42  officer or agency that such  person  has  registered  to  vote  from  an
   43  address outside [such city or county] THE STATE.
   44    S 9. Subdivision 3 of section 5-210 of the election law, as amended by
   45  chapter 179 of the laws of 2005, is amended to read as follows:
   46    3.  Completed  application forms, when received by any county board of
   47  elections and, with respect to  application  forms  promulgated  by  the
   48  federal  election  commission,  when  received  by  the  state  board of
   49  elections, or showing a dated cancellation mark  of  the  United  States
   50  Postal  Service or contained in an envelope showing such a dated cancel-
   51  lation mark which is not later than the [twenty-fifth] TENTH day  before
   52  the  next  ensuing primary, general or special election, and received no
   53  later than the [twentieth] FIFTH day before such election, or  delivered
   54  in person to such county board of elections not later than the tenth day
   55  before  a  special election, shall entitle the applicant to vote in such
   56  election, if he or she is otherwise qualified, provided,  however,  such
       S. 2538                             6
    1  applicant  shall  not vote on a voting machine until his or her identity
    2  is verified. Any county board of elections receiving an application form
    3  from a person who does not reside  in  its  jurisdiction  but  who  does
    4  reside  elsewhere in the state of New York, shall forthwith forward such
    5  application form to the proper county board of elections. Each board  of
    6  elections  shall  make  an  entry  on  each  such form of the date it is
    7  received by such board.
    8    S 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of  the
    9  election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
   10  graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
   11  2008, are amended and a new paragraph (n) is added to read as follows:
   12    (g)  Notice that the applicant must be a citizen of the United States,
   13  is [or will be at least eighteen years old not later than December thir-
   14  ty-first of the calendar year in which he or  she  registers]  AT  LEAST
   15  SIXTEEN  YEARS  OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO
   16  VOTE and a resident of the county or city to which application is made.
   17    (k) The form shall also include space for the  following  information,
   18  which must be contained on the inside of the form after it is folded for
   19  mailing:
   20    (i) A space for the applicant to indicate whether or not he or she has
   21  ever voted or registered to vote before and, if so, the approximate year
   22  in which such applicant last voted or registered and his or her name and
   23  address at the time.
   24    (ii) The name and residence address of the applicant including the zip
   25  code and apartment number, if any.
   26    (iii) The date of birth of the applicant.
   27    (iv) A space for the applicant to indicate his or her driver's license
   28  or  department  of motor vehicles non-driver photo ID number or the last
   29  four digits of his or her social security number or,  if  the  applicant
   30  does  not have either such number, a space for the applicant to indicate
   31  he or she does not have either.
   32    (v) A space for the applicant to indicate whether or not he or she  is
   33  a citizen of the United States and the statement "If you checked "no" in
   34  response to this question, do not complete this form."
   35    (vi) [A space for the applicant to answer the question "Will you be 18
   36  years  of  age  on  or  before  election day?" and the statement "If you
   37  checked "no" in response to this question, do  not  complete  this  form
   38  unless you will be 18 by the end of the year."
   39    (vii)] A statement informing the applicant that if the form is submit-
   40  ted by mail and the applicant is registering for the first time, certain
   41  information or documents must be submitted with the mail-in registration
   42  form  in  order  to  avoid  additional  identification requirements upon
   43  voting for the first time. Such information and documents are:
   44    (A) a driver's license or  department  of  motor  vehicles  non-driver
   45  photo ID number; or
   46    (B)  the  last four digits of the individual's social security number;
   47  or
   48    (C) a copy of a current and valid photo identification; or
   49    (D) a copy of a  current  utility  bill,  bank  statement,  government
   50  check,  paycheck  or  other  government document that shows the name and
   51  address of the voter.
   52    [(viii)] (VII) The gender of the applicant (optional).
   53    [(ix)] (VIII) A space for the applicant to indicate his or her  choice
   54  of party enrollment, with a clear alternative provided for the applicant
   55  to decline to affiliate with any party.
   56    [(x)] (IX) The telephone number of the applicant (optional).
       S. 2538                             7
    1    [(xi)]  (X)  A  place  for the applicant to execute the form on a line
    2  which is clearly  labeled  "signature  of  applicant"  preceded  by  the
    3  following specific form of affirmation:
    4    AFFIDAVIT: I swear or affirm that:
    5       * I am a citizen of the United States.
    6       * I will have lived in the county, city, or village for at least 30
    7         days before the election.
    8       * I  meet  all  the  requirements  to  register to vote in New York
    9         State.
   10       * This is my signature or mark on the line below.
   11       * All the information contained on  this  application  is  true.  I
   12         understand that if it is not true I can be convicted and fined up
   13         to $5,000 and/or jailed for up to four years.
   14  which  form of affirmation shall be followed by a space for the date and
   15  the aforementioned line for the applicant's signature.
   16    [(xii)] (XI) A space for the applicant to register  in  the  New  York
   17  state  donate  life  registry for organ and tissue donations established
   18  pursuant to section forty-three hundred ten of the public health law.
   19    (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
   20    (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
   21  SOURCE AGENCIES AND THE STATE OR COUNTY  BOARDS  OF  ELECTIONS  ARE  NOT
   22  REQUIRED  TO  INCLUDE  THE COLLECTION OR TRANSMISSION OF THE INFORMATION
   23  REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR  (XI)  OF
   24  PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
   25  TO  REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN
   26  THE STATE WHOSE INFORMATION IS  TRANSMITTED PURSUANT TO SECTION 5-200 OF
   27  THIS TITLE FOR THE REASON THAT SUCH INFORMATION  DOES  NOT  INCLUDE  THE
   28  INFORMATION  REQUESTED  BY  PARAGRAPH  (J)  OR  SUBPARAGRAPH (I), (VII),
   29  (VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
   30    S 11. Subdivisions 9, 11 and 14 of section 5-210 of the election  law,
   31  as  amended  by  chapter 179 of the laws of 2005, are amended to read as
   32  follows:
   33    9. The county board of elections shall, promptly and in any event, not
   34  later than twenty-one days after receipt by it of the application, veri-
   35  fy the identity of the applicant, EXCEPT  IF  SUCH  BOARD  RECEIVES  THE
   36  APPLICATION  WITHIN  TWENTY-ONE  DAYS  OF  A SPECIAL, PRIMARY OR GENERAL
   37  ELECTION, THE BOARD SHALL VERIFY THE IDENTITY OF  THE  APPLICANT  WITHIN
   38  FIVE  DAYS  OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER. In order
   39  to do so, the county board of elections shall  utilize  the  information
   40  provided in the application and shall attempt to verify such information
   41  with  the  information  provided  by  the  department of motor vehicles,
   42  social security administration and any other lawful  available  informa-
   43  tion  source.  If  the county board of elections is unable to verify the
   44  identity of the applicant within twenty-one days of the receipt  of  the
   45  application,  it shall immediately take steps to confirm that the infor-
   46  mation provided by the applicant was accurately utilized by such  county
   47  board  of  elections,  was  accurately  verified  with other information
   48  sources and that no data entry error, or other similar  type  of  error,
   49  occurred.  Following completion of the preceding steps, the county board
   50  of elections shall mail (a) a notice of its approval, (b)  a  notice  of
   51  its  approval  which  includes an indication that such board has not yet
   52  been able to verify the identity of the applicant and a request for more
   53  information so that such verification may be completed, or (c) a  notice
   54  of  its rejection of the application to the applicant in a form approved
   55  by the state  board  of  elections.  Notices  of  approval,  notices  of
   56  approval  with  requests  for  more  information or notices of rejection
       S. 2538                             8
    1  shall be sent by nonforwardable first class or return postage guaranteed
    2  mail on which is  endorsed  "ADDRESS  CORRECTION  REQUESTED"  and  which
    3  contains  a request that any such mail received for persons not residing
    4  at the address be dropped back in the mail. The voter's registration and
    5  enrollment  shall  be  complete  upon  receipt of the application by the
    6  appropriate county board of elections. The failure of a county board  of
    7  elections  to  verify an applicant's identity shall not be the basis for
    8  the rejection of a voter's application,  provided,  however,  that  such
    9  verification  failure  shall  be the basis for requiring county board of
   10  elections to take the additional verification  steps  provided  by  this
   11  chapter.  The  notice  shall also advise the registrant of the date when
   12  his registration and enrollment is effective, of the date and the  hours
   13  of  the next regularly scheduled primary or general election in which he
   14  will be eligible to vote, of the location of the polling  place  of  the
   15  election  district  in which he is or will be a qualified voter, whether
   16  such polling place is accessible to physically  handicapped  voters,  an
   17  indication  that  physically handicapped voters or voters who are ill or
   18  voters who will be out of the city or county on the day of  the  primary
   19  or  general election, may obtain an absentee ballot and the phone number
   20  to call for absentee ballot applications, the phone numbers to call  for
   21  location  of  polling places, to obtain registration forms and the phone
   22  number to call to indicate  that  the  voter  is  willing  to  serve  on
   23  election  day  as an inspector, poll clerk or interpreter. The notice of
   24  approval, notice of approval with request for more information or notice
   25  of rejection shall also advise the applicant  to  notify  the  board  of
   26  elections if there is any inaccuracy. The form of such mail notification
   27  shall  be  prescribed  by the state board of elections and shall contain
   28  such other information and instructions as it may reasonably require  to
   29  carry out the purposes of this section. The request for more information
   30  shall  inform  the  voter  that  "THE  FAILURE  TO  CONTACT THE BOARD OF
   31  ELECTIONS AND CORRECT ANY INACCURACIES IN  THE  APPLICATION  OR  PROVIDE
   32  REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
   33  TION  AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such
   34  notice is returned undelivered without a new address,  the  board  shall
   35  forthwith  send  such  applicant  a  confirmation notice pursuant to the
   36  provisions of section 5-712 of this article and place such applicant  in
   37  inactive  status.  The  state  board  of elections shall prepare uniform
   38  notices by this section as provided for in subdivision eight of  section
   39  3-102 of this chapter.
   40    11. If the county board of elections suspects or believes that for any
   41  reason  the applicant is not entitled to registration and enrollment, it
   42  shall make inquiry in reference thereto. If the board of elections shall
   43  find that the applicant is not qualified to  register  and  enroll,  the
   44  application  shall  be  rejected  and  the  applicant  notified  of such
   45  rejection and the reason therefor, no later than ten days before the day
   46  of the first primary or general election  occurring  at  least  [twenty-
   47  five]  TEN  days after the filing of the application, EXCEPT THAT IF THE
   48  APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN  DAYS  BEFORE  THE
   49  DAY  OF  THE  FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTIFY
   50  THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
   51    14. Notwithstanding the entry by the county board of elections on  the
   52  registration  poll record of the information contained on an application
   53  form prescribed by this section, such entry shall not preclude the coun-
   54  ty board of elections from subsequently rejecting the application if  it
   55  is  not  satisfied that the applicant is entitled to register and enroll
   56  as provided by this section, provided that the applicant is notified  of
       S. 2538                             9
    1  such  rejection  and  reasons therefor no later than ten days before the
    2  day of the first primary or general election occurring at  least  [twen-
    3  ty-five] TEN days after the filing of such application form, EXCEPT THAT
    4  IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
    5  THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
    6  FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
    7    S  12.  Subdivisions  11  and 12 of section 5-211 of the election law,
    8  subdivision 11 as amended by chapter 200 of the laws of 1996 and  subdi-
    9  vision  12  as  added by chapter 659 of the laws of 1994, are amended to
   10  read as follows:
   11    11. The participating agency shall transmit  [the  completed  applica-
   12  tions  for  registration  and  change  of address forms] ALL INFORMATION
   13  COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  to  the  appropriate
   14  board of elections not later than ten days after receipt except that all
   15  such completed applications and forms received by the agency between the
   16  thirtieth  and  twenty-fifth day before an election shall be transmitted
   17  in such manner and at such time as to assure their receipt by such board
   18  of elections not later than the twentieth day before such election.
   19    12. [Completed  application  forms,  when  received]  ALL  INFORMATION
   20  COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE by a participating
   21  agency not later than the  twenty-fifth  day  before  the  next  ensuing
   22  primary,  general  or special election and transmitted by such agency to
   23  the appropriate board of elections so that they  are  received  by  such
   24  board  not later than the twentieth day before such election shall enti-
   25  tle the applicant to vote in such election provided the board determines
   26  that the applicant is otherwise qualified.
   27    S 13. Subdivisions 11 and 12 of section 5-211 of the election law,  as
   28  amended by section twelve of this act, are amended to read as follows:
   29    11.  The participating agency shall transmit all information collected
   30  pursuant to section 5-200 of this title  to  the  appropriate  board  of
   31  elections  not  later  than  ten days after receipt except that all such
   32  completed applications and forms received  by  the  agency  between  the
   33  [thirtieth]  FIFTEENTH  and  [twenty-fifth] TENTH day before an election
   34  shall be transmitted in such manner and at such time as to assure  their
   35  receipt  by such board of elections not later than the [twentieth] FIFTH
   36  day before such election.
   37    12. All information collected pursuant to section 5-200 of this  title
   38  by  a  participating  agency not later than the [twenty-fifth] TENTH day
   39  before the next ensuing primary, general or special election and  trans-
   40  mitted by such agency to the appropriate board of elections so that they
   41  are  received  by  such  board  not later than the [twentieth] FIFTH day
   42  before such election  shall  entitle  the  applicant  to  vote  in  such
   43  election  provided  the board determines that the applicant is otherwise
   44  qualified.
   45    S 14. Subdivision 14 of section 5-211 of the election law, as  amended
   46  by  chapter 200 of the laws of 1996, is amended and two new subdivisions
   47  18 and 19 are added to read as follows:
   48    14. Applications shall be processed by the board of elections  in  the
   49  manner  prescribed  by  [section] SECTIONS 5-200 AND 5-210 of this title
   50  or, if the applicant is already registered to vote from another  address
   51  in the county or city, in the manner prescribed by section 5-208 of this
   52  title.    The  board  shall  send  the appropriate notice of approval or
   53  rejection as required by either subdivision nine of such  section  5-210
   54  or subdivision five of such section 5-208.
   55    18.  ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN
   56  THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS
       S. 2538                            10
    1  ELIGIBLE TO REGISTER OR PRE-REGISTER TO  VOTE  UNDER  PARAGRAPH  (G)  OF
    2  SUBDIVISION  FIVE  OF SECTION 5-210 OF THIS TITLE IN THE SAME MANNER AND
    3  SUBJECT TO THE SAME PROVISIONS AND RULES AND REGULATIONS  AS  ALL  OTHER
    4  DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
    5  TY  OR  PUBLIC  SCHOOL  DISTRICT  THAT  IS NOT OTHERWISE DESIGNATED AS A
    6  SOURCE AGENCY PURSUANT TO SECTION 5-200  OF  THIS  TITLE  SHALL  NOT  BE
    7  REQUIRED  TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'S DECLINATION
    8  TO REGISTER TO VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS  SECTION,  OR
    9  TO  CONDUCT A STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION SEVEN-
   10  TEEN OF THIS SECTION.
   11    19. THE STATE BOARD OF ELECTIONS OR, IN THE CITY OF NEW YORK, THE  NEW
   12  YORK  CITY BOARD OF ELECTIONS, SHALL PROVIDE TO PUBLIC COLLEGES, UNIVER-
   13  SITIES, AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGIS-
   14  TRATION APPLICATIONS THAT IDENTIFY EACH SUCH APPLICATION AS  ORIGINATING
   15  FROM  EITHER A PUBLIC COLLEGE, UNIVERSITY, OR SCHOOL DISTRICT. THE STATE
   16  BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
   17  TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO EACH COLLEGE, UNIVERSI-
   18  TY, OR SCHOOL DISTRICT COVERED BY THIS CHAPTER, EXCEPT THAT THE NEW YORK
   19  CITY BOARD OF ELECTIONS SHALL PROVIDE AND DELIVER  SUCH  FORMS  TO  EACH
   20  PARTICIPATING  PUBLIC UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT LOCATED IN
   21  THE CITY OF NEW YORK. EVERY BOARD OF ELECTIONS SCANNING VOTER  REGISTRA-
   22  TION  FORMS SHALL CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT
   23  THEM ON A MONTHLY BASIS TO THE STATE BOARD OF ELECTIONS WHICH SHALL MAKE
   24  SUCH DETAILED INFORMATION AVAILABLE TO THE PUBLIC.
   25    S 15. Subdivisions 6 and 7 of  section  5-212  of  the  election  law,
   26  subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
   27  sion  7 as added by chapter 659 of the laws of 1994, are amended to read
   28  as follows:
   29    6. The department of motor vehicles shall transmit  [that  portion  of
   30  the form which constitutes the completed application for registration or
   31  change  of  address  form] ALL INFORMATION COLLECTED PURSUANT TO SECTION
   32  5-200 OF THIS TITLE to the appropriate board of elections not later than
   33  ten days after receipt except that all such completed  applications  and
   34  forms  received by the department between the thirtieth and twenty-fifth
   35  day before an election shall be transmitted in such manner and  at  such
   36  time  as  to  assure  their receipt by such board of elections not later
   37  than the twentieth day before such election.    All  transmittals  shall
   38  include  original  signatures OR AN ELECTRONIC IMAGE THEREOF AS REQUIRED
   39  BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS TITLE.
   40    7. [Completed application forms received]  ALL  INFORMATION  COLLECTED
   41  PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
   42  cles  not later than the twenty-fifth day before the next ensuing prima-
   43  ry, general or special election and transmitted by  such  department  to
   44  the  appropriate  board of elections so that they are received not later
   45  than the twentieth day before such election shall entitle the  applicant
   46  to  vote  in such election provided the board determines that the appli-
   47  cant is otherwise qualified.
   48    S 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
   49  amended by section fifteen of this act, are amended to read as follows:
   50    6.  The  department  of  motor vehicles shall transmit all information
   51  collected pursuant to section 5-200 of this  title  to  the  appropriate
   52  board of elections not later than ten days after receipt except that all
   53  such completed applications and forms received by the department between
   54  the  [thirtieth]  FIFTEENTH  and  [twenty-fifth]  TENTH  day  before  an
   55  election shall be transmitted in such manner and  at  such  time  as  to
   56  assure  their  receipt  by  such  board  of elections not later than the
       S. 2538                            11
    1  [twentieth] FIFTH day before such  election.    All  transmittals  shall
    2  include  original  signatures or an electronic image thereof as required
    3  by subdivision four of section 5-200 of this title.
    4    7.  All  information collected pursuant to section 5-200 of this title
    5  by the department of motor vehicles not later  than  the  [twenty-fifth]
    6  TENTH  day  before the next ensuing primary, general or special election
    7  and transmitted by such department to the appropriate board of elections
    8  so that they are received not  later  than  the  [twentieth]  FIFTH  day
    9  before  such  election  shall  entitle  the  applicant  to  vote in such
   10  election provided the board determines that the applicant  is  otherwise
   11  qualified.
   12    S  17.  Subdivision 3 of section 5-213 of the election law, as amended
   13  by chapter 200 of the laws of 1996, is amended to read as follows:
   14    3. The board of elections shall restore the registration of  any  such
   15  voter  to  active  status  if such voter notifies the board of elections
   16  that he resides at the address from which he is registered, or the board
   17  finds that such voter has validly signed  a  designating  or  nominating
   18  petition  which states that he resides at such address, or if such voter
   19  casts a ballot in an affidavit envelope which states that he resides  at
   20  such  address, or if the board receives notice that such voter has voted
   21  in an election conducted with registration lists  prepared  pursuant  to
   22  the  provisions of section 5-612 of this article.  If any such notifica-
   23  tion or information is received [twenty]  TEN  days  or  more  before  a
   24  primary,  special or general election, the voter's name must be restored
   25  to active status for such election.
   26    S 18. Subdivision 3 of section 5-304 of the election law,  as  amended
   27  by chapter 90 of the laws of 1991, is amended to read as follows:
   28    3.  A change of enrollment received by the board of elections, SHOWING
   29  A DATED CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL  SERVICE  OR
   30  CONTAINED  IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS DATED,
   31  not later than the twenty-fifth day before the [general  election  shall
   32  be deposited in a sealed enrollment box, which shall not be opened until
   33  the  first  Tuesday  following  such  general  election.  Such change of
   34  enrollment shall be then removed and entered as provided in  this  arti-
   35  cle]  NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED NO
   36  LATER THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON  TO
   37  SUCH  COUNTY  BOARD  OF  ELECTIONS NOT LATER THAN THE TENTH DAY BEFORE A
   38  PRIMARY, GENERAL OR  SPECIAL  ELECTION,  SHALL  BE  EFFECTIVE  FOR  SUCH
   39  ELECTION.  ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED IN THIS ARTI-
   40  CLE AND SHALL BE DEEMED TO TAKE EFFECT  ON  THE  TENTH  DAY  AFTER  SUCH
   41  CHANGE  OF  ENROLLMENT  IS  RECEIVED BY THE BOARD OF ELECTIONS OR IF THE
   42  CHANGE OF ENROLLMENT, OR THE  ENVELOPE  CONTAINING  IT,  BEARS  A  DATED
   43  CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL
   44  BE ENTERED AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE
   45  DATE OF SUCH MARK, WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE
   46  EFFECT  SOONER  THAN  THE  FIFTH DAY AFTER THE RECEIPT OF SUCH CHANGE OF
   47  ENROLLMENT BY THE BOARD OF ELECTIONS.
   48    S 19. The opening paragraph of  paragraph  (e)  of  subdivision  3  of
   49  section 8-302 of the election law, as amended by chapter 125 of the laws
   50  of 2011, is amended to read as follows:
   51    Whenever  a  voter  presents  himself  or herself and offers to cast a
   52  ballot, and he or she claims to live in the election district  in  which
   53  he or she seeks to vote but no registration poll record can be found for
   54  him  or her in the poll ledger or his or her name does not appear on the
   55  computer generated registration list or his or her  signature  does  not
   56  appear  next  to his or her name on such computer generated registration
       S. 2538                            12
    1  list or his or her registration poll record or  the  computer  generated
    2  registration  list  does not show him or her to be enrolled in the party
    3  in which he or she claims to be enrolled AND THE VOTER IS NOT  OTHERWISE
    4  ELIGIBLE  TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
    5  THIS SECTION, a poll clerk or election inspector shall  consult  a  map,
    6  street  finder  or  other  description  of all of the polling places and
    7  election districts  within  the  political  subdivision  in  which  said
    8  election  district  is  located  and  if necessary, contact the board of
    9  elections to obtain the relevant information and advise the voter of the
   10  correct polling place and election district for  the  residence  address
   11  provided  by  the voter to such poll clerk or election inspector. There-
   12  after, such voter shall be permitted to vote in said  election  district
   13  only as hereinafter provided:
   14    S  20.  Section  8-302  of the election law is amended by adding a new
   15  subdivision 3-d to read as follows:
   16    3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND  OR
   17  WHOSE  INFORMATION  IS  INCOMPLETE  OR  INCORRECT ON THE STATEWIDE VOTER
   18  REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH  A
   19  SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
   20  TER  AND  CONSENTED  TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN
   21  AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
   22  ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF  REGIS-
   23  TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
   24  SION  TWO  OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE
   25  PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER  TO  VOTE  OR  THAT  THE
   26  PERSON  DID  NOT  REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN
   27  SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
   28    (A) A PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT  STATING  THAT
   29  THE  PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES IN
   30  SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND  CONSENTED  TO  USE
   31  AGENCY  INFORMATION  FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT SHALL BE
   32  SUFFICIENT EVIDENCE OF REGISTERING TO VOTE  OR  PERFORMING  ANY  OF  THE
   33  ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
   34  FOR THE PURPOSES OF THIS SECTION.
   35    (B)  A  PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE TO AN
   36  AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY  PROOF  OF
   37  IDENTITY,  BUT  THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
   38  BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
   39  CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
   40  THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF  SUBDIVI-
   41  SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
   42  NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
   43  INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
   44  THE FEDERAL HELP AMERICA VOTE ACT.
   45    S 21. Subdivision 11 of section 5-614 of the election law, as added by
   46  chapter 24 of the laws of 2005, is amended to read as follows:
   47    11.  The  state  board  of elections shall establish a statewide voter
   48  [hotline using information available through the statewide voter  regis-
   49  tration  list  for  voters  to  obtain information regarding their voter
   50  registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
   51  PUBLIC WEBSITE ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE  BOARD  OF
   52  ELECTIONS  AND  THROUGH  A  TOLL-FREE TELEPHONE NUMBER MAINTAINED BY THE
   53  STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
   54    A. ALLOW ANY VOTER:
   55    (I) TO REVIEW THE VOTER REGISTRATION INFORMATION  REPRESENTED  ON  THE
   56  STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
       S. 2538                            13
    1    (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
    2  VOTER  REGISTRATION  INFORMATION,  WHICH SHALL BE SENT TO THE APPLICABLE
    3  COUNTY BOARD OF ELECTIONS; AND
    4    (III)  TO  DETERMINE  THE  LOCATION  OF THE POLLING PLACE TO WHICH THE
    5  VOTER IS ASSIGNED;
    6    B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
    7    (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
    8  RESIDENTIAL ADDRESS WITHIN THE STATE; AND
    9    (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED  ON  THE  STATEWIDE
   10  VOTER REGISTRATION LIST; AND
   11    C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
   12  WHO  IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW
   13  THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
   14  ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE  INTERFACE,  THE  DATA
   15  COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
   16  RECEIPT  OF  SUCH  DATA,  THE STATE BOARD OF ELECTIONS SHALL FORWARD THE
   17  INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY  WHERE
   18  THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
   19  SUBMITTED  BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO
   20  THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF  2002
   21  (42  U.S.C.  S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE
   22  SHALL NOT RENDER THE APPLICATION INCOMPLETE OR  OTHERWISE  PRECLUDE  THE
   23  REGISTRATION OF AN ELIGIBLE CITIZEN.
   24    FOR  ANY  ELIGIBLE  CITIZEN  ATTEMPTING  TO USE THE SYSTEM ESTABLISHED
   25  UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE  PROCESSED
   26  AS  VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN
   27  AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE  EFFECT  FOR
   28  THE  PROXIMATE  ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM
   29  ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER  REGISTRA-
   30  TION  INFORMATION  UNDER  THIS  SECTION, THE SYSTEM MUST ALSO NOTIFY THE
   31  CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY  PROCEDURE  PROVIDED  IN
   32  SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
   33    THE  BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
   34  CITIZEN WHO SUBMITS AN APPLICATION  PURSUANT  TO  THIS  SUBDIVISION  AND
   35  WHOSE  APPLICATION  LACKS AN ELECTRONIC SIGNATURE TO PROVIDE A SIGNATURE
   36  AT THE POLLING PLACE OR WITH  AN  APPLICATION  FOR  AN  ABSENTEE  BALLOT
   37  BEFORE VOTING. THE BOARD OF ELECTIONS MAY REQUIRE AN ELECTOR WHO HAS NOT
   38  PROVIDED  A SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING
   39  AN ABSENTEE BALLOT TO PRESENT A CURRENT AND VALID  PHOTO  IDENTIFICATION
   40  OR  A  COPY OF A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,
   41  PAYCHECK, OR OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME  AND  ADDRESS
   42  OF THE VOTER.
   43    S  22.  Subdivision 3 of section 8-510 of the election law, as amended
   44  by chapter 43 of the laws of 1988, is amended to read as follows:
   45    3. The inspectors shall place such completed report,  and  each  court
   46  order,  if  any,  directing that a person be permitted to vote, AND EACH
   47  AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302  OF
   48  THIS ARTICLE, inside a ledger of registration records or computer gener-
   49  ated registration lists between the front cover, and the first registra-
   50  tion  record  and  then shall close and seal each ledger of registration
   51  records or computer generated registration lists, affix their  signature
   52  to  the  seal,  lock such ledger in the carrying case furnished for that
   53  purpose and enclose the keys in a sealed package or seal  such  list  in
   54  the envelope provided for that purpose.
   55    S  23.  The  election law is amended by adding a new section 17-138 to
   56  read as follows:
       S. 2538                            14
    1    S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER  COLOR
    2  OF  ANY  PROVISION  OF  LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
    3  OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
    4  THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION  PURPOSES,
    5  A  PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
    6  VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE  FROM  THE  STATEWIDE
    7  VOTER  REGISTRATION  LIST  EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
    8  ENFORCE ELECTION LAWS.
    9    S 24. Subdivision 1 of section 3-220 of the election law,  as  amended
   10  by chapter 104 of the laws of 2010, is amended to read as follows:
   11    1.  All  registration  records,  certificates,  lists, and inventories
   12  referred to in, or required by, this chapter shall be public records and
   13  open to public inspection under the immediate supervision of  the  board
   14  of elections or its employees and subject to such reasonable regulations
   15  as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
   16  PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
   17  RECORD  OPEN  TO  PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANSMISSION
   18  AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR  PUBLIC
   19  INSPECTION:
   20    (A) ANY VOTER'S SIGNATURE;
   21    (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
   22  WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
   23    (C) ANY PORTION OF a voter's driver's license number,  [department  of
   24  motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
   25  security number and facsimile number [shall not be released  for  public
   26  inspection];
   27    (D) ANY VOTER'S TELEPHONE NUMBER; AND
   28    (E)  ANY  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
   29  any time by any person other than a member of a  registration  board  or
   30  board  of  inspectors  of  elections  or  board  of  elections except as
   31  provided by rules imposed by the board of elections.
   32    S 25. Subdivision 4 of section 3-212 of the election law is amended by
   33  adding two new paragraphs (c) and (d) to read as follows:
   34    (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
   35  SION, SHALL ALSO INCLUDE:
   36    (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
   37  FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
   38  BY SOURCE;
   39    (2)  THE  NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP-
   40  TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE  TO
   41  VOTE;
   42    (3)  THE  NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
   43  VOTER REGISTRATION;
   44    (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER  REGISTRATION  FORMS  AND/OR
   45  REQUESTS  TO  UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
   46  SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
   47    (5) THE NUMBER OF VOTERS WHO CORRECT  VOTER  REGISTRATION  INFORMATION
   48  USING  THE  ELECTION-DAY  PROCEDURE  DESCRIBED  IN SECTION 8-302 OF THIS
   49  CHAPTER.
   50    (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
   51  SION,  SHALL  EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY IDENTIFIES ANY
   52  PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
   53    S 26. Section 17-104 of  the  election  law  is  amended  to  read  as
   54  follows:
   55    S 17-104. False registration. 1. Any person who:
       S. 2538                            15
    1    [1.]  (A) Registers or attempts to register as an elector in more than
    2  one election district for the same election, or more than  once  in  the
    3  same election district; or,
    4    [2.] (B) Registers or attempts to register as an elector, knowing that
    5  he  will  not  be  a qualified voter in the district at the election for
    6  which such registration is made; or
    7    [3.] (C) Registers or attempts to register as  an  elector  under  any
    8  name but his OR HER own; or
    9    [4.]  (D)  Knowingly  gives  a  false  residence  within  the election
   10  district when registering as an elector; or
   11    [5.] (E) Knowingly permits, aids, assists, abets,  procures,  commands
   12  or advises another to commit any such act, is guilty of a felony.
   13    2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, NO PERSON
   14  SHALL BE LIABLE FOR AN ERROR IN THE STATEWIDE  VOTER  REGISTRATION  LIST
   15  UNLESS  SUCH  PERSON  KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT IN
   16  ORDER TO EFFECTUATE OR PERPETUATE VOTER REGISTRATION. AN  ERROR  IN  THE
   17  STATEWIDE  VOTER  REGISTRATION LIST SHALL NOT CONSTITUTE A FRAUDULENT OR
   18  FALSE CLAIM TO CITIZENSHIP.
   19    S 27. Subdivision 17 of section 3-102 of the election law,  as  renum-
   20  bered  by  chapter  23 of the laws of 2005, is renumbered subdivision 21
   21  and four new subdivisions 17, 18,  19  and  20  are  added  to  read  as
   22  follows:
   23    17.  ENSURE  THAT, UPON RECEIPT AND VERIFICATION OF A PERSON'S EXPRESS
   24  REQUEST TO OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME  AND  REGIS-
   25  TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
   26  TRATION LISTS;
   27    18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
   28  PERSON  WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART, TO
   29  ANY THIRD PARTY FOR ANY PURPOSE OTHER THAN THE  COMPILATION  OF  A  JURY
   30  LIST;
   31    19.  PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING EACH
   32  CLASS OF USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE  STATEWIDE  VOTER
   33  REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
   34  REGISTRATION  LIST  AND  TO ANY LIST PROVIDED BY A SOURCE AGENCY OR LIST
   35  MAINTENANCE SOURCE, AND SETTING FORTH OTHER SAFEGUARDS  TO  PROTECT  THE
   36  PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
   37  TION LIST;
   38    20.  PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF TRANSFER
   39  OF ADDRESS BY ELECTRONIC MAIL; AND
   40    S 28. This act shall take effect immediately; provided, however,  that
   41  sections  two,  three,  four,  six, seven, eight, ten, twelve, fourteen,
   42  fifteen, nineteen, twenty, twenty-one, twenty-two, and  twenty-three  of
   43  this  act  shall  take  effect  January  1,  2017; provided further that
   44  sections five, nine, eleven, thirteen, sixteen, seventeen, and  eighteen
   45  of  this  act shall take effect January 1, 2018.  Effective immediately,
   46  any  rules,  regulations  and  agreements  necessary  to  implement  the
   47  provisions of this act on its effective date are authorized and directed
   48  to be completed on or before such date.