S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2538--A
                              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  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03180-02-5
       S. 2538--A                          2
    1  BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
    2  PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
    3    2.  THE  STATE  BOARD  OF ELECTIONS OR COUNTY BOARD OF ELECTIONS SHALL
    4  REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN  THE
    5  STATE  QUALIFIED  TO  VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE WHO
    6  CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
    7    (A) COMPLETES AN APPLICATION FOR A NEW OR  RENEWED  DRIVER'S  LICENSE,
    8  NON-DRIVER   IDENTIFICATION   CARD,  PRE-LICENSING  COURSE  CERTIFICATE,
    9  LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
   10  MENT OF MOTOR VEHICLES, OR NOTIFIES SUCH  DEPARTMENT  IN  WRITING  OF  A
   11  CHANGE OF HIS OR HER NAME OR ADDRESS;
   12    (B)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
   13  FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM  AGEN-
   14  CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
   15    (C)  COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION
   16  FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH  SERVICES  FROM  ANY
   17  MUNICIPAL  HOUSING  AUTHORITY  AS  SET  FORTH IN ARTICLE THIRTEEN OF THE
   18  PUBLIC HOUSING LAW;
   19    (D) REGISTERS FOR CLASSES AT INSTITUTIONS OF THE STATE  UNIVERSITY  OF
   20  NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
   21    (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
   22  PAROLE;
   23    (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
   24    (G)  BECOMES A MEMBER OR EMPLOYEE OF THE NEW YORK DIVISION OF MILITARY
   25  AND NAVAL AFFAIRS; OR
   26    (H) COMPLETES AN APPLICATION WITH ANY OTHER STATE  OR  FEDERAL  AGENCY
   27  DESIGNATED  AS  A SOURCE AGENCY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
   28  THREE OF THIS SECTION.
   29    3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
   30  CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
   31  TITLE, THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY  OF  NEW
   32  YORK,  ALL  PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN OF THE
   33  PUBLIC HOUSING LAW, THE DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
   34  VISION,  THE  DEPARTMENT OF LABOR, THE NEW YORK DIVISION OF MILITARY AND
   35  NAVAL AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF  ELECTIONS
   36  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   37    (B)  THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN-
   38  CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
   39  CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
   40    (I) THE LIKELIHOOD THAT SOURCE  RECORDS  REFLECT  A  LARGE  NUMBER  OF
   41  ELIGIBLE CITIZENS;
   42    (II)  THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO
   43  WOULD NOT OTHERWISE BE REGISTERED  UNDER  THE  ACT  TO  MODERNIZE  VOTER
   44  REGISTRATION;
   45    (III)  THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS;
   46  AND
   47    (IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION  OFFICIAL
   48  AS  REASONABLY  RELATED  TO  ACCOMPLISHING  THE  PURPOSES  OF THE ACT TO
   49  MODERNIZE VOTER REGISTRATION.
   50    4. THE STATE BOARD OF ELECTIONS AND THE SOURCE  AGENCIES  SHALL  ENTER
   51  INTO  AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION
   52  TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO  THE
   53  STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
   54  THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
   55    (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES;
   56    (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
       S. 2538--A                          3
    1    (C) DATE OF BIRTH;
    2    (D) CITIZENSHIP;
    3    (E)  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
    4  FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE  FOR  THE
    5  PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER;
    6    (F) POLITICAL PARTY ENROLLMENT, IF ANY;
    7    (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
    8  BALLOT, IF ANY; AND
    9    (H) AN IMAGE OF THE PERSON'S SIGNATURE.
   10    IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT  TO  THIS  SECTION
   11  FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
   12  SIGNATURE  SHALL  NOT  PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
   13  THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO  ENABLE  AN  ELIGIBLE
   14  CITIZEN,  WHOSE  INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
   15  WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A  SIGNATURE
   16  AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
   17  BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT  PROVIDED  A
   18  SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE
   19  BALLOT  TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
   20  A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,  PAYCHECK,  OR
   21  OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
   22    5.  IF AN AGENCY DOES NOT ROUTINELY REQUEST INFORMATION CONCERNING THE
   23  CITIZENSHIP STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS  SUFFICIENT
   24  TO TRANSMIT TO THE BOARD OF ELECTIONS INDICATIONS OF UNITED STATES CITI-
   25  ZENSHIP  FOR  EACH  PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
   26  BUT SHALL NOT RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO  AN
   27  INDIVIDUAL'S CITIZENSHIP FOR ANY OTHER PURPOSE.
   28    6.  THE  STATE  BOARD  OF  ELECTIONS  SHALL  PREPARE AND DISTRIBUTE TO
   29  PARTICIPATING AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION  OF
   30  THE  PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS
   31  FOR EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING  SHALL
   32  INCLUDE  REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE TO
   33  EACH INDIVIDUAL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION  THAT  THE
   34  SOURCE  AGENCY  MAINTAINS  STRICT  NEUTRALITY WITH RESPECT TO A PERSON'S
   35  PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER  REGISTRATION  FORMS  AND
   36  INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
   37  TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO  VOTE.
   38  NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
   39  CANT FROM REGISTERING TO VOTE.
   40    7.  THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE
   41  AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
   42  TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
   43  TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION,  ADDITIONAL
   44  INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
   45  TATING  VOTER  REGISTRATION,  THE  FREQUENCY  OF DATA TRANSMISSIONS, THE
   46  PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE  SECURITY
   47  AND  PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
   48  SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
   49    8. EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD  OF
   50  ELECTIONS  AND  COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
   51  TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
   52  TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH  SUCH
   53  PERSON  TO  VOTE  OR  TO  UPDATE  EACH  SUCH PERSON'S VOTER REGISTRATION
   54  RECORD.
   55    9. EACH SOURCE AGENCY SHALL ENTER INTO AN  AGREEMENT  WITH  THE  STATE
   56  BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
       S. 2538--A                          4
    1  SMISSIONS  REQUIRED  BY  THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
    2  THOUSAND SEVENTEEN; PROVIDED, THAT EACH SOURCE AGENCY SHALL BE  ABLE  TO
    3  COMPLY  FULLY  WITH  ALL  REQUIREMENTS  OF  THIS  SECTION, INCLUDING THE
    4  COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
    5  TO VOTE, BY JANUARY FIRST, TWO THOUSAND EIGHTEEN.
    6    S 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
    7  vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
    8  as  added  by  chapter  659  of the laws of 1994, are amended to read as
    9  follows:
   10    1. The board of elections shall transfer the registration and  enroll-
   11  ment  of any voter for whom it receives a notice of change of address to
   12  another address in the [same county or city] STATE, or for any voter who
   13  [casts] SUBMITS a ballot in an  affidavit  ballot  envelope  which  sets
   14  forth such a new address.  Such notices shall include, but not be limit-
   15  ed  to,  notices  received  from any state agency which conducts a voter
   16  registration program pursuant to the provisions of  sections  5-211  and
   17  5-212  of  this  title OR WHICH TRANSMIT INFORMATION, that the voter has
   18  notified such agency of a change of address in the [same city or county]
   19  STATE unless the voter has indicated that such change of address is  not
   20  for  voter  registration purposes, notices of change of address from the
   21  United States Postal Service through  the  National  Change  of  Address
   22  System,  any  notices of a forwarding address on mail sent to a voter by
   23  the board of elections and returned by the postal service,  national  or
   24  state  voter  registration  forms,  confirmation mailing response cards,
   25  United States Postal Service notices  to  correspondents  of  change  of
   26  address,  applications  for registration from persons already registered
   27  in such county or city, or any other notices to correspondents  sent  to
   28  the board of elections by such voters.
   29    6.  If a notice sent pursuant to [subdivision five of] this section is
   30  returned [by the postal service] as undeliverable and without a forward-
   31  ing address, the board of elections shall  return  the  registration  of
   32  such  voter  to  the  original  address,  send such voter a confirmation
   33  notice pursuant to the provisions of subdivision one of section 5-712 of
   34  this [title] ARTICLE and place such voter in inactive status.
   35    S 5. Subdivision 3 of section 5-208 of the election law, as  added  by
   36  chapter 659 of the laws of 1994, is amended to read as follows:
   37    3.  If  such  a notice is received at least [twenty] TEN days before a
   38  primary, special or general election, such change  of  address  must  be
   39  completed  before  such  election.  IF  SUCH A NOTICE IS NOT RECEIVED AT
   40  LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR  GENERAL  ELECTION,  THEN  A
   41  VOTER  MAY  VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF SECTION 8-302
   42  OF THIS CHAPTER.
   43    S 6. Subdivision 1 of section 4-117 of the election law, as amended by
   44  chapter 288 of the laws of 2009, is amended to read as follows:
   45    1. The board of elections, between August first and  August  fifth  of
   46  each  year, shall send by first class mail on which is endorsed "ADDRESS
   47  CORRECTION REQUESTED" and which contains a request that  any  such  mail
   48  received  for persons not residing at the address be dropped back in the
   49  mail, a communication,  in  a  form  approved  by  the  state  board  of
   50  elections,  to  every registered voter who has been registered without a
   51  change of address since the beginning of  such  year,  except  that  the
   52  board  of elections shall not be required to send such communications to
   53  voters in inactive status. The communication shall notify the  voter  of
   54  the  days  and  hours  of the ensuing primary and general elections, the
   55  place where he appears by his registration records  to  be  entitled  to
   56  vote,  the  fact  that voters who have moved or will have moved from the
       S. 2538--A                          5
    1  address where they were last registered must [re-register  or,  that  if
    2  such  move  was to another address in the same county or city, that such
    3  voter may] either notify the board of elections of his  new  address  or
    4  vote  by  paper  ballot at the polling place for his new address even if
    5  such voter has not re-registered, or otherwise  notified  the  board  of
    6  elections of the change of address. If the location of the polling place
    7  for  the  voter's  election  district  has been moved, the communication
    8  shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
    9  BEEN CHANGED. YOU NOW VOTE AT..........". The communication  shall  also
   10  indicate  whether the polling place is accessible to physically disabled
   11  voters, that a voter who will be out of the city or county on the day of
   12  the primary or general election or a voter  who  is  ill  or  physically
   13  disabled may obtain an absentee ballot, that a physically disabled voter
   14  whose  polling place is not accessible may request that his registration
   15  record be moved to an election district which has a polling place  which
   16  is  accessible,  the  phone  number  to  call for applications to move a
   17  registration record or  for  absentee  ballot  applications,  the  phone
   18  number  to call for the location of registration and polling places, the
   19  phone number to call to indicate that the voter is willing to  serve  on
   20  election  day  as  an  election inspector, poll clerk, interpreter or in
   21  other capacities, the phone number to call to obtain an application  for
   22  registration   by  mail,  and  such  other  information  concerning  the
   23  elections or registration as the board may include. In lieu  of  sending
   24  such communication to every registered voter, the board of elections may
   25  send  a  single  communication  to  a household containing more than one
   26  registered voter, provided that the names of all such voters  appear  as
   27  part of the address on such communication.
   28    S  7.  Paragraph (a) of subdivision 1 of section 5-400 of the election
   29  law, as amended by chapter 659 of the laws of 1994, is amended  to  read
   30  as follows:
   31    (a) Moved his OR HER residence outside the [city or county in which he
   32  is registered] STATE.
   33    S  8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
   34  the election law, paragraphs (b) and (d) as  added  by  section  20  and
   35  paragraph  (c) as added and paragraph (d) as relettered by section 22 of
   36  chapter 659 of the laws of 1994, are amended to read as follows:
   37    (b) A notice that the registrant has moved to an address  outside  the
   38  [city or county] STATE which is signed by the registrant and sent to the
   39  board of elections.
   40    (c)  A  notice  signed by the registrant which states that such regis-
   41  trant has moved to an address outside the [city  or  county]  STATE  and
   42  that such change of address is for voter registration purposes.
   43    (d)  A  notice  from  a board of elections or other voter registration
   44  officer or agency that such  person  has  registered  to  vote  from  an
   45  address outside [such city or county] THE STATE.
   46    S 9. Subdivision 3 of section 5-210 of the election law, as amended by
   47  chapter 179 of the laws of 2005, is amended to read as follows:
   48    3.  Completed  application forms, when received by any county board of
   49  elections and, with respect to  application  forms  promulgated  by  the
   50  federal  election  commission,  when  received  by  the  state  board of
   51  elections, or showing a dated cancellation mark  of  the  United  States
   52  Postal  Service or contained in an envelope showing such a dated cancel-
   53  lation mark which is not later than the [twenty-fifth] TENTH day  before
   54  the  next  ensuing primary, general or special election, and received no
   55  later than the [twentieth] FIFTH day before such election, or  delivered
   56  in person to such county board of elections not later than the tenth day
       S. 2538--A                          6
    1  before  a  special election, shall entitle the applicant to vote in such
    2  election, if he or she is otherwise qualified, provided,  however,  such
    3  applicant  shall  not vote on a voting machine until his or her identity
    4  is verified. Any county board of elections receiving an application form
    5  from  a  person  who  does  not  reside in its jurisdiction but who does
    6  reside elsewhere in the state of New York, shall forthwith forward  such
    7  application  form to the proper county board of elections. Each board of
    8  elections shall make an entry on each  such  form  of  the  date  it  is
    9  received by such board.
   10    S  10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the
   11  election law, as amended by chapter 179 of the laws  of  2005,  subpara-
   12  graph  (xii)  of  paragraph  (k)  as added by chapter 362 of the laws of
   13  2008, are amended and a new paragraph (n) is added to read as follows:
   14    (g) Notice that the applicant must be a citizen of the United  States,
   15  is [or will be at least eighteen years old not later than December thir-
   16  ty-first  of  the  calendar  year in which he or she registers] AT LEAST
   17  SIXTEEN YEARS OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO  REGISTER  TO
   18  VOTE and a resident of the county or city to which application is made.
   19    (k)  The  form shall also include space for the following information,
   20  which must be contained on the inside of the form after it is folded for
   21  mailing:
   22    (i) A space for the applicant to indicate whether or not he or she has
   23  ever voted or registered to vote before and, if so, the approximate year
   24  in which such applicant last voted or registered and his or her name and
   25  address at the time.
   26    (ii) The name and residence address of the applicant including the zip
   27  code and apartment number, if any.
   28    (iii) The date of birth of the applicant.
   29    (iv) A space for the applicant to indicate his or her driver's license
   30  or department of motor vehicles non-driver photo ID number or  the  last
   31  four  digits  of  his or her social security number or, if the applicant
   32  does not have either such number, a space for the applicant to  indicate
   33  he or she does not have either.
   34    (v)  A space for the applicant to indicate whether or not he or she is
   35  a citizen of the United States and the statement "If you checked "no" in
   36  response to this question, do not complete this form."
   37    (vi) [A space for the applicant to answer the question "Will you be 18
   38  years of age on or before election  day?"  and  the  statement  "If  you
   39  checked  "no"  in  response  to this question, do not complete this form
   40  unless you will be 18 by the end of the year."
   41    (vii)] A statement informing the applicant that if the form is submit-
   42  ted by mail and the applicant is registering for the first time, certain
   43  information or documents must be submitted with the mail-in registration
   44  form in order  to  avoid  additional  identification  requirements  upon
   45  voting for the first time. Such information and documents are:
   46    (A)  a  driver's  license  or  department of motor vehicles non-driver
   47  photo ID number; or
   48    (B) the last four digits of the individual's social  security  number;
   49  or
   50    (C) a copy of a current and valid photo identification; or
   51    (D)  a  copy  of  a  current  utility bill, bank statement, government
   52  check, paycheck or other government document that  shows  the  name  and
   53  address of the voter.
   54    [(viii)] (VII) The gender of the applicant (optional).
       S. 2538--A                          7
    1    [(ix)]  (VIII) A space for the applicant to indicate his or her choice
    2  of party enrollment, with a clear alternative provided for the applicant
    3  to decline to affiliate with any party.
    4    [(x)] (IX) The telephone number of the applicant (optional).
    5    [(xi)]  (X)  A  place  for the applicant to execute the form on a line
    6  which is clearly  labeled  "signature  of  applicant"  preceded  by  the
    7  following specific form of affirmation:
    8    AFFIDAVIT: I swear or affirm that:
    9       * I am a citizen of the United States.
   10       * I will have lived in the county, city, or village for at least 30
   11         days before the election.
   12       * I  meet  all  the  requirements  to  register to vote in New York
   13         State.
   14       * This is my signature or mark on the line below.
   15       * All the information contained on  this  application  is  true.  I
   16         understand that if it is not true I can be convicted and fined up
   17         to $5,000 and/or jailed for up to four years.
   18  which  form of affirmation shall be followed by a space for the date and
   19  the aforementioned line for the applicant's signature.
   20    [(xii)] (XI) A space for the applicant to register  in  the  New  York
   21  state  donate  life  registry for organ and tissue donations established
   22  pursuant to section forty-three hundred ten of the public health law.
   23    (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
   24    (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
   25  SOURCE AGENCIES AND THE STATE OR COUNTY  BOARDS  OF  ELECTIONS  ARE  NOT
   26  REQUIRED  TO  INCLUDE  THE COLLECTION OR TRANSMISSION OF THE INFORMATION
   27  REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR  (XI)  OF
   28  PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE
   29  TO  REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN
   30  THE STATE WHOSE INFORMATION IS  TRANSMITTED PURSUANT TO SECTION 5-200 OF
   31  THIS TITLE FOR THE REASON THAT SUCH INFORMATION  DOES  NOT  INCLUDE  THE
   32  INFORMATION  REQUESTED  BY  PARAGRAPH  (J)  OR  SUBPARAGRAPH (I), (VII),
   33  (VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
   34    S 11. Subdivisions 9, 11 and 14 of section 5-210 of the election  law,
   35  as  amended  by  chapter 179 of the laws of 2005, are amended to read as
   36  follows:
   37    9. The county board of elections shall, promptly and in any event, not
   38  later than twenty-one days after receipt by it of the application, veri-
   39  fy the identity of the applicant, EXCEPT  IF  SUCH  BOARD  RECEIVES  THE
   40  APPLICATION  WITHIN  TWENTY-ONE  DAYS  OF  A SPECIAL, PRIMARY OR GENERAL
   41  ELECTION, THE BOARD SHALL VERIFY THE IDENTITY OF  THE  APPLICANT  WITHIN
   42  FIVE  DAYS  OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER. In order
   43  to do so, the county board of elections shall  utilize  the  information
   44  provided in the application and shall attempt to verify such information
   45  with  the  information  provided  by  the  department of motor vehicles,
   46  social security administration and any other lawful  available  informa-
   47  tion  source.  If  the county board of elections is unable to verify the
   48  identity of the applicant within twenty-one days of the receipt  of  the
   49  application,  it shall immediately take steps to confirm that the infor-
   50  mation provided by the applicant was accurately utilized by such  county
   51  board  of  elections,  was  accurately  verified  with other information
   52  sources and that no data entry error, or other similar  type  of  error,
   53  occurred.  Following completion of the preceding steps, the county board
   54  of elections shall mail (a) a notice of its approval, (b)  a  notice  of
   55  its  approval  which  includes an indication that such board has not yet
   56  been able to verify the identity of the applicant and a request for more
       S. 2538--A                          8
    1  information so that such verification may be completed, or (c) a  notice
    2  of  its rejection of the application to the applicant in a form approved
    3  by the state  board  of  elections.  Notices  of  approval,  notices  of
    4  approval  with  requests  for  more  information or notices of rejection
    5  shall be sent by nonforwardable first class or return postage guaranteed
    6  mail on which is  endorsed  "ADDRESS  CORRECTION  REQUESTED"  and  which
    7  contains  a request that any such mail received for persons not residing
    8  at the address be dropped back in the mail. The voter's registration and
    9  enrollment shall be complete upon receipt  of  the  application  by  the
   10  appropriate  county board of elections. The failure of a county board of
   11  elections to verify an applicant's identity shall not be the  basis  for
   12  the  rejection  of  a  voter's application, provided, however, that such
   13  verification failure shall be the basis for requiring  county  board  of
   14  elections  to  take  the  additional verification steps provided by this
   15  chapter. The notice shall also advise the registrant of  the  date  when
   16  his  registration and enrollment is effective, of the date and the hours
   17  of the next regularly scheduled primary or general election in which  he
   18  will  be  eligible  to vote, of the location of the polling place of the
   19  election district in which he is or will be a qualified  voter,  whether
   20  such  polling  place  is accessible to physically handicapped voters, an
   21  indication that physically handicapped voters or voters who are  ill  or
   22  voters  who  will be out of the city or county on the day of the primary
   23  or general election, may obtain an absentee ballot and the phone  number
   24  to  call for absentee ballot applications, the phone numbers to call for
   25  location of polling places, to obtain registration forms and  the  phone
   26  number  to  call  to  indicate  that  the  voter  is willing to serve on
   27  election day as an inspector, poll clerk or interpreter. The  notice  of
   28  approval, notice of approval with request for more information or notice
   29  of  rejection  shall  also  advise  the applicant to notify the board of
   30  elections if there is any inaccuracy. The form of such mail notification
   31  shall be prescribed by the state board of elections  and  shall  contain
   32  such  other information and instructions as it may reasonably require to
   33  carry out the purposes of this section. The request for more information
   34  shall inform the voter  that  "THE  FAILURE  TO  CONTACT  THE  BOARD  OF
   35  ELECTIONS  AND  CORRECT  ANY  INACCURACIES IN THE APPLICATION OR PROVIDE
   36  REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
   37  TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If  such
   38  notice  is  returned  undelivered without a new address, the board shall
   39  forthwith send such applicant a  confirmation  notice  pursuant  to  the
   40  provisions  of section 5-712 of this article and place such applicant in
   41  inactive status. The state board  of  elections  shall  prepare  uniform
   42  notices  by this section as provided for in subdivision eight of section
   43  3-102 of this chapter.
   44    11. If the county board of elections suspects or believes that for any
   45  reason the applicant is not entitled to registration and enrollment,  it
   46  shall make inquiry in reference thereto. If the board of elections shall
   47  find  that  the  applicant  is not qualified to register and enroll, the
   48  application shall  be  rejected  and  the  applicant  notified  of  such
   49  rejection and the reason therefor, no later than ten days before the day
   50  of  the  first  primary  or general election occurring at least [twenty-
   51  five] TEN days after the filing of the application, EXCEPT THAT  IF  THE
   52  APPLICATION  WAS  SUBMITTED  BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE THE
   53  DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH  BOARD  SHALL  NOTIFY
   54  THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
   55    14.  Notwithstanding the entry by the county board of elections on the
   56  registration poll record of the information contained on an  application
       S. 2538--A                          9
    1  form prescribed by this section, such entry shall not preclude the coun-
    2  ty  board of elections from subsequently rejecting the application if it
    3  is not satisfied that the applicant is entitled to register  and  enroll
    4  as  provided by this section, provided that the applicant is notified of
    5  such rejection and reasons therefor no later than ten  days  before  the
    6  day  of  the first primary or general election occurring at least [twen-
    7  ty-five] TEN days after the filing of such application form, EXCEPT THAT
    8  IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
    9  THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
   10  FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
   11    S 12. Subdivisions 11 and 12 of section 5-211  of  the  election  law,
   12  subdivision  11 as amended by chapter 200 of the laws of 1996 and subdi-
   13  vision 12 as added by chapter 659 of the laws of 1994,  are  amended  to
   14  read as follows:
   15    11.  The  participating  agency shall transmit [the completed applica-
   16  tions for registration and change  of  address  forms]  ALL  INFORMATION
   17  COLLECTED  PURSUANT  TO  SECTION  5-200 OF THIS TITLE to the appropriate
   18  board of elections not later than ten days after receipt except that all
   19  such completed applications and forms received by the agency between the
   20  thirtieth and twenty-fifth day before an election shall  be  transmitted
   21  in such manner and at such time as to assure their receipt by such board
   22  of elections not later than the twentieth day before such election.
   23    12.  [Completed  application  forms,  when  received]  ALL INFORMATION
   24  COLLECTED PURSUANT TO SECTION 5-200 OF THIS  TITLE  by  a  participating
   25  agency  not  later  than  the  twenty-fifth  day before the next ensuing
   26  primary, general or special election and transmitted by such  agency  to
   27  the  appropriate  board  of  elections so that they are received by such
   28  board not later than the twentieth day before such election shall  enti-
   29  tle the applicant to vote in such election provided the board determines
   30  that the applicant is otherwise qualified.
   31    S  13. Subdivisions 11 and 12 of section 5-211 of the election law, as
   32  amended by section twelve of this act, are amended to read as follows:
   33    11. The participating agency shall transmit all information  collected
   34  pursuant  to  section  5-200  of  this title to the appropriate board of
   35  elections not later than ten days after receipt  except  that  all  such
   36  completed  applications  and  forms  received  by the agency between the
   37  [thirtieth] FIFTEENTH and [twenty-fifth] TENTH day  before  an  election
   38  shall  be transmitted in such manner and at such time as to assure their
   39  receipt by such board of elections not later than the [twentieth]  FIFTH
   40  day before such election.
   41    12.  All information collected pursuant to section 5-200 of this title
   42  by a participating agency not later than the  [twenty-fifth]  TENTH  day
   43  before  the next ensuing primary, general or special election and trans-
   44  mitted by such agency to the appropriate board of elections so that they
   45  are received by such board not later  than  the  [twentieth]  FIFTH  day
   46  before  such  election  shall  entitle  the  applicant  to  vote in such
   47  election provided the board determines that the applicant  is  otherwise
   48  qualified.
   49    S  14. Subdivision 14 of section 5-211 of the election law, as amended
   50  by chapter 200 of the laws of 1996, is amended and two new  subdivisions
   51  18 and 19 are added to read as follows:
   52    14.  Applications  shall be processed by the board of elections in the
   53  manner prescribed by [section] SECTIONS 5-200 AND 5-210  of  this  title
   54  or,  if the applicant is already registered to vote from another address
   55  in the county or city, in the manner prescribed by section 5-208 of this
   56  title.   The board shall send the  appropriate  notice  of  approval  or
       S. 2538--A                         10
    1  rejection  as  required by either subdivision nine of such section 5-210
    2  or subdivision five of such section 5-208.
    3    18.  ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN
    4  THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS
    5  ELIGIBLE TO REGISTER OR PRE-REGISTER TO  VOTE  UNDER  PARAGRAPH  (G)  OF
    6  SUBDIVISION  FIVE  OF SECTION 5-210 OF THIS TITLE IN THE SAME MANNER AND
    7  SUBJECT TO THE SAME PROVISIONS AND RULES AND REGULATIONS  AS  ALL  OTHER
    8  DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI-
    9  TY  OR  PUBLIC  SCHOOL  DISTRICT  THAT  IS NOT OTHERWISE DESIGNATED AS A
   10  SOURCE AGENCY PURSUANT TO SECTION 5-200  OF  THIS  TITLE  SHALL  NOT  BE
   11  REQUIRED  TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'S DECLINATION
   12  TO REGISTER TO VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS  SECTION,  OR
   13  TO  CONDUCT A STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION SEVEN-
   14  TEEN OF THIS SECTION.
   15    19. THE STATE BOARD OF ELECTIONS OR, IN THE CITY OF NEW YORK, THE  NEW
   16  YORK  CITY BOARD OF ELECTIONS, SHALL PROVIDE TO PUBLIC COLLEGES, UNIVER-
   17  SITIES, AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGIS-
   18  TRATION APPLICATIONS THAT IDENTIFY EACH SUCH APPLICATION AS  ORIGINATING
   19  FROM  EITHER A PUBLIC COLLEGE, UNIVERSITY, OR SCHOOL DISTRICT. THE STATE
   20  BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
   21  TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO EACH COLLEGE, UNIVERSI-
   22  TY, OR SCHOOL DISTRICT COVERED BY THIS CHAPTER, EXCEPT THAT THE NEW YORK
   23  CITY BOARD OF ELECTIONS SHALL PROVIDE AND DELIVER  SUCH  FORMS  TO  EACH
   24  PARTICIPATING  PUBLIC UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT LOCATED IN
   25  THE CITY OF NEW YORK. EVERY BOARD OF ELECTIONS SCANNING VOTER  REGISTRA-
   26  TION  FORMS SHALL CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT
   27  THEM ON A MONTHLY BASIS TO THE STATE BOARD OF ELECTIONS WHICH SHALL MAKE
   28  SUCH DETAILED INFORMATION AVAILABLE TO THE PUBLIC.
   29    S 15. Subdivisions 6 and 7 of  section  5-212  of  the  election  law,
   30  subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
   31  sion  7 as added by chapter 659 of the laws of 1994, are amended to read
   32  as follows:
   33    6. The department of motor vehicles shall transmit  [that  portion  of
   34  the form which constitutes the completed application for registration or
   35  change  of  address  form] ALL INFORMATION COLLECTED PURSUANT TO SECTION
   36  5-200 OF THIS TITLE to the appropriate board of elections not later than
   37  ten days after receipt except that all such completed  applications  and
   38  forms  received by the department between the thirtieth and twenty-fifth
   39  day before an election shall be transmitted in such manner and  at  such
   40  time  as  to  assure  their receipt by such board of elections not later
   41  than the twentieth day before such election.    All  transmittals  shall
   42  include  original  signatures OR AN ELECTRONIC IMAGE THEREOF AS REQUIRED
   43  BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS TITLE.
   44    7. [Completed application forms received]  ALL  INFORMATION  COLLECTED
   45  PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi-
   46  cles  not later than the twenty-fifth day before the next ensuing prima-
   47  ry, general or special election and transmitted by  such  department  to
   48  the  appropriate  board of elections so that they are received not later
   49  than the twentieth day before such election shall entitle the  applicant
   50  to  vote  in such election provided the board determines that the appli-
   51  cant is otherwise qualified.
   52    S 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
   53  amended by section fifteen of this act, are amended to read as follows:
   54    6.  The  department  of  motor vehicles shall transmit all information
   55  collected pursuant to section 5-200 of this  title  to  the  appropriate
   56  board of elections not later than ten days after receipt except that all
       S. 2538--A                         11
    1  such completed applications and forms received by the department between
    2  the  [thirtieth]  FIFTEENTH  and  [twenty-fifth]  TENTH  day  before  an
    3  election shall be transmitted in such manner and  at  such  time  as  to
    4  assure  their  receipt  by  such  board  of elections not later than the
    5  [twentieth] FIFTH day before such  election.    All  transmittals  shall
    6  include  original  signatures or an electronic image thereof as required
    7  by subdivision four of section 5-200 of this title.
    8    7. All information collected pursuant to section 5-200 of  this  title
    9  by  the  department  of motor vehicles not later than the [twenty-fifth]
   10  TENTH day before the next ensuing primary, general or  special  election
   11  and transmitted by such department to the appropriate board of elections
   12  so  that  they  are  received  not  later than the [twentieth] FIFTH day
   13  before such election  shall  entitle  the  applicant  to  vote  in  such
   14  election  provided  the board determines that the applicant is otherwise
   15  qualified.
   16    S 17. Subdivision 3 of section 5-213 of the election law,  as  amended
   17  by chapter 200 of the laws of 1996, is amended to read as follows:
   18    3.  The  board of elections shall restore the registration of any such
   19  voter to active status if such voter notifies  the  board  of  elections
   20  that he resides at the address from which he is registered, or the board
   21  finds  that  such  voter  has validly signed a designating or nominating
   22  petition which states that he resides at such address, or if such  voter
   23  casts  a ballot in an affidavit envelope which states that he resides at
   24  such address, or if the board receives notice that such voter has  voted
   25  in  an  election  conducted with registration lists prepared pursuant to
   26  the provisions of section 5-612 of this article.  If any such  notifica-
   27  tion  or  information  is  received  [twenty]  TEN days or more before a
   28  primary, special or general election, the voter's name must be  restored
   29  to active status for such election.
   30    S  18.  Subdivision 3 of section 5-304 of the election law, as amended
   31  by chapter 90 of the laws of 1991, is amended to read as follows:
   32    3. A change of enrollment received by the board of elections,  SHOWING
   33  A  DATED  CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL SERVICE OR
   34  CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS  DATED,
   35  not  later  than the twenty-fifth day before the [general election shall
   36  be deposited in a sealed enrollment box, which shall not be opened until
   37  the first Tuesday  following  such  general  election.  Such  change  of
   38  enrollment  shall  be then removed and entered as provided in this arti-
   39  cle] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED  NO
   40  LATER  THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON TO
   41  SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE  TENTH  DAY  BEFORE  A
   42  PRIMARY,  GENERAL  OR  SPECIAL  ELECTION,  SHALL  BE  EFFECTIVE FOR SUCH
   43  ELECTION. ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED IN THIS  ARTI-
   44  CLE  AND  SHALL  BE  DEEMED  TO  TAKE EFFECT ON THE TENTH DAY AFTER SUCH
   45  CHANGE OF ENROLLMENT IS RECEIVED BY THE BOARD OF  ELECTIONS  OR  IF  THE
   46  CHANGE  OF  ENROLLMENT,  OR  THE  ENVELOPE  CONTAINING IT, BEARS A DATED
   47  CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL
   48  BE ENTERED AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE
   49  DATE OF SUCH MARK, WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE
   50  EFFECT SOONER THAN THE FIFTH DAY AFTER THE RECEIPT  OF  SUCH  CHANGE  OF
   51  ENROLLMENT BY THE BOARD OF ELECTIONS.
   52    S  19.  The  opening  paragraph  of  paragraph (e) of subdivision 3 of
   53  section 8-302 of the election law, as amended by chapter 125 of the laws
   54  of 2011, is amended to read as follows:
   55    Whenever a voter presents himself or herself  and  offers  to  cast  a
   56  ballot,  and  he or she claims to live in the election district in which
       S. 2538--A                         12
    1  he or she seeks to vote but no registration poll record can be found for
    2  him or her in the poll ledger or his or her name does not appear on  the
    3  computer  generated  registration  list or his or her signature does not
    4  appear  next  to his or her name on such computer generated registration
    5  list or his or her registration poll record or  the  computer  generated
    6  registration  list  does not show him or her to be enrolled in the party
    7  in which he or she claims to be enrolled AND THE VOTER IS NOT  OTHERWISE
    8  ELIGIBLE  TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
    9  THIS SECTION, a poll clerk or election inspector shall  consult  a  map,
   10  street  finder  or  other  description  of all of the polling places and
   11  election districts  within  the  political  subdivision  in  which  said
   12  election  district  is  located  and  if necessary, contact the board of
   13  elections to obtain the relevant information and advise the voter of the
   14  correct polling place and election district for  the  residence  address
   15  provided  by  the voter to such poll clerk or election inspector. There-
   16  after, such voter shall be permitted to vote in said  election  district
   17  only as hereinafter provided:
   18    S  20.  Section  8-302  of the election law is amended by adding a new
   19  subdivision 3-d to read as follows:
   20    3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND  OR
   21  WHOSE  INFORMATION  IS  INCOMPLETE  OR  INCORRECT ON THE STATEWIDE VOTER
   22  REGISTRATION LIST AND WHO AFFIRMS THAT THAT HE OR SHE INTERACTED WITH  A
   23  SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP-
   24  TER  AND  CONSENTED  TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN
   25  AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL-
   26  ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF  REGIS-
   27  TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI-
   28  SION  TWO  OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE
   29  PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER  TO  VOTE  OR  THAT  THE
   30  PERSON  DID  NOT  REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN
   31  SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER.
   32    (A) A PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT  STATING  THAT
   33  THE  PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES IN
   34  SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND  CONSENTED  TO  USE
   35  AGENCY  INFORMATION  FOR  VOTER  REGISTRATION.  THAT  AFFIDAVIT SHALL BE
   36  SUFFICIENT EVIDENCE OF REGISTERING TO VOTE  OR  PERFORMING  ANY  OF  THE
   37  ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER
   38  FOR THE PURPOSES OF THIS SECTION.
   39    (B)  A  PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE TO AN
   40  AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY  PROOF  OF
   41  IDENTITY,  BUT  THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
   42  BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
   43  CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION.  NOTHING IN
   44  THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF  SUBDIVI-
   45  SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
   46  NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
   47  INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
   48  THE FEDERAL HELP AMERICA VOTE ACT.
   49    S 21. Subdivision 11 of section 5-614 of the election law, as added by
   50  chapter 24 of the laws of 2005, is amended to read as follows:
   51    11.  The  state  board  of elections shall establish a statewide voter
   52  [hotline using information available through the statewide voter  regis-
   53  tration  list  for  voters  to  obtain information regarding their voter
   54  registration] REGISTRATION INFORMATION SYSTEM AVAILABLE THROUGH A SECURE
   55  PUBLIC WEBSITE ACCESSIBLE  FROM  THE  WEBSITE  OF  THE  STATE  BOARD  OF
       S. 2538--A                         13
    1  ELECTIONS  AND  THROUGH  A  TOLL-FREE TELEPHONE NUMBER MAINTAINED BY THE
    2  STATE BOARD OF ELECTIONS. THE INFORMATION SYSTEM SHALL:
    3    A. ALLOW ANY VOTER:
    4    (I)  TO  REVIEW  THE VOTER REGISTRATION INFORMATION REPRESENTED ON THE
    5  STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER;
    6    (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S
    7  VOTER REGISTRATION INFORMATION, WHICH SHALL BE SENT  TO  THE  APPLICABLE
    8  COUNTY BOARD OF ELECTIONS; AND
    9    (III)  TO  DETERMINE  THE  LOCATION  OF THE POLLING PLACE TO WHICH THE
   10  VOTER IS ASSIGNED;
   11    B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON:
   12    (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY
   13  RESIDENTIAL ADDRESS WITHIN THE STATE; AND
   14    (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED  ON  THE  STATEWIDE
   15  VOTER REGISTRATION LIST; AND
   16    C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN
   17  WHO  IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW
   18  THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS
   19  ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE  INTERFACE,  THE  DATA
   20  COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON
   21  RECEIPT  OF  SUCH  DATA,  THE STATE BOARD OF ELECTIONS SHALL FORWARD THE
   22  INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY  WHERE
   23  THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM
   24  SUBMITTED  BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO
   25  THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF  2002
   26  (42  U.S.C.  S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE
   27  SHALL NOT RENDER THE APPLICATION INCOMPLETE OR  OTHERWISE  PRECLUDE  THE
   28  REGISTRATION OF AN ELIGIBLE CITIZEN.
   29    FOR  ANY  ELIGIBLE  CITIZEN  ATTEMPTING  TO USE THE SYSTEM ESTABLISHED
   30  UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE  PROCESSED
   31  AS  VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN
   32  AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE  EFFECT  FOR
   33  THE  PROXIMATE  ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM
   34  ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER  REGISTRA-
   35  TION  INFORMATION  UNDER  THIS  SECTION, THE SYSTEM MUST ALSO NOTIFY THE
   36  CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY  PROCEDURE  PROVIDED  IN
   37  SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER.
   38    THE  BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO ENABLE AN ELIGIBLE
   39  CITIZEN WHO SUBMITS AN APPLICATION  PURSUANT  TO  THIS  SUBDIVISION  AND
   40  WHOSE  APPLICATION  LACKS AN ELECTRONIC SIGNATURE TO PROVIDE A SIGNATURE
   41  AT THE POLLING PLACE OR WITH  AN  APPLICATION  FOR  AN  ABSENTEE  BALLOT
   42  BEFORE VOTING. THE BOARD OF ELECTIONS MAY REQUIRE AN ELECTOR WHO HAS NOT
   43  PROVIDED  A SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING
   44  AN ABSENTEE BALLOT TO PRESENT A CURRENT AND VALID  PHOTO  IDENTIFICATION
   45  OR  A  COPY OF A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,
   46  PAYCHECK, OR OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME  AND  ADDRESS
   47  OF THE VOTER.
   48    S  22.  Subdivision 3 of section 8-510 of the election law, as amended
   49  by chapter 43 of the laws of 1988, is amended to read as follows:
   50    3. The inspectors shall place such completed report,  and  each  court
   51  order,  if  any,  directing that a person be permitted to vote, AND EACH
   52  AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302  OF
   53  THIS ARTICLE, inside a ledger of registration records or computer gener-
   54  ated registration lists between the front cover, and the first registra-
   55  tion  record  and  then shall close and seal each ledger of registration
   56  records or computer generated registration lists, affix their  signature
       S. 2538--A                         14
    1  to  the  seal,  lock such ledger in the carrying case furnished for that
    2  purpose and enclose the keys in a sealed package or seal  such  list  in
    3  the envelope provided for that purpose.
    4    S  23.  The  election law is amended by adding a new section 17-138 to
    5  read as follows:
    6    S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER  COLOR
    7  OF  ANY  PROVISION  OF  LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST
    8  OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF
    9  THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION  PURPOSES,
   10  A  PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR
   11  VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE  FROM  THE  STATEWIDE
   12  VOTER  REGISTRATION  LIST  EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR
   13  ENFORCE ELECTION LAWS.
   14    S 24. Subdivision 1 of section 3-220 of the election law,  as  amended
   15  by chapter 104 of the laws of 2010, is amended to read as follows:
   16    1.  All  registration  records,  certificates,  lists, and inventories
   17  referred to in, or required by, this chapter shall be public records and
   18  open to public inspection under the immediate supervision of  the  board
   19  of elections or its employees and subject to such reasonable regulations
   20  as  such  board  may impose, provided, however, that NO DATA TRANSMITTED
   21  PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED  A  PUBLIC
   22  RECORD  OPEN  TO  PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANSMISSION
   23  AND THAT THE FOLLOWING INFORMATION SHALL  NOT  BE  RELEASED  FOR  PUBLIC
   24  INSPECTION:
   25    (A) ANY VOTER'S SIGNATURE;
   26    (B)  THE  PERSONAL  RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
   27  WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
   28    (C) ANY PORTION OF a voter's driver's license number,  [department  of
   29  motor  vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
   30  security number and facsimile number [shall not be released  for  public
   31  inspection];
   32    (D) ANY VOTER'S TELEPHONE NUMBER; AND
   33    (E)  ANY  VOTER'S EMAIL ADDRESS.   No such records shall be handled at
   34  any time by any person other than a member of a  registration  board  or
   35  board  of  inspectors  of  elections  or  board  of  elections except as
   36  provided by rules imposed by the board of elections.
   37    S 25. Subdivision 4 of section 3-212 of the election law is amended by
   38  adding two new paragraphs (c) and (d) to read as follows:
   39    (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
   40  SION, SHALL ALSO INCLUDE:
   41    (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS-
   42  FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER,
   43  BY SOURCE;
   44    (2)  THE  NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP-
   45  TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE  TO
   46  VOTE;
   47    (3)  THE  NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF
   48  VOTER REGISTRATION;
   49    (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER  REGISTRATION  FORMS  AND/OR
   50  REQUESTS  TO  UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE
   51  SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND
   52    (5) THE NUMBER OF VOTERS WHO CORRECT  VOTER  REGISTRATION  INFORMATION
   53  USING  THE  ELECTION-DAY  PROCEDURE  DESCRIBED  IN SECTION 8-302 OF THIS
   54  CHAPTER.
       S. 2538--A                         15
    1    (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
    2  SION,  SHALL  EXCLUDE  ANY  INFORMATION  THAT  PERSONALLY IDENTIFIES ANY
    3  PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL.
    4    S  26.  Section  17-104  of  the  election  law  is amended to read as
    5  follows:
    6    S 17-104. False registration. 1. Any person who:
    7    [1.] (A) Registers or attempts to register as an elector in more  than
    8  one  election  district  for the same election, or more than once in the
    9  same election district; or,
   10    [2.] (B) Registers or attempts to register as an elector, knowing that
   11  he will not be a qualified voter in the district  at  the  election  for
   12  which such registration is made; or
   13    [3.]  (C)  Registers  or  attempts to register as an elector under any
   14  name but his OR HER own; or
   15    [4.] (D)  Knowingly  gives  a  false  residence  within  the  election
   16  district when registering as an elector; or
   17    [5.]  (E)  Knowingly permits, aids, assists, abets, procures, commands
   18  or advises another to commit any such act, is guilty of a felony.
   19    2. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER,  NO  PERSON
   20  SHALL  BE  LIABLE  FOR AN ERROR IN THE STATEWIDE VOTER REGISTRATION LIST
   21  UNLESS SUCH PERSON KNOWINGLY AND WILLFULLY MAKES A  FALSE  STATEMENT  IN
   22  ORDER  TO  EFFECTUATE  OR PERPETUATE VOTER REGISTRATION. AN ERROR IN THE
   23  STATEWIDE VOTER REGISTRATION LIST SHALL NOT CONSTITUTE A  FRAUDULENT  OR
   24  FALSE CLAIM TO CITIZENSHIP.
   25    S  27.  Subdivision 17 of section 3-102 of the election law, as renum-
   26  bered by chapter 23 of the laws of 2005, is  renumbered  subdivision  21
   27  and  four  new  subdivisions  17,  18,  19  and  20 are added to read as
   28  follows:
   29    17. ENSURE THAT, UPON RECEIPT AND VERIFICATION OF A  PERSON'S  EXPRESS
   30  REQUEST  TO  OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME AND REGIS-
   31  TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS-
   32  TRATION LISTS;
   33    18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY
   34  PERSON WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART,  TO
   35  ANY  THIRD  PARTY  FOR  ANY PURPOSE OTHER THAN THE COMPILATION OF A JURY
   36  LIST;
   37    19. PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING  EACH
   38  CLASS  OF  USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE STATEWIDE VOTER
   39  REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER
   40  REGISTRATION LIST AND TO ANY LIST PROVIDED BY A SOURCE  AGENCY  OR  LIST
   41  MAINTENANCE  SOURCE,  AND  SETTING FORTH OTHER SAFEGUARDS TO PROTECT THE
   42  PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA-
   43  TION LIST;
   44    20. PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF  TRANSFER
   45  OF ADDRESS BY ELECTRONIC MAIL; AND
   46    S  28. This act shall take effect immediately; provided, however, that
   47  sections two, three, four, six, seven,  eight,  ten,  twelve,  fourteen,
   48  fifteen,  nineteen,  twenty, twenty-one, twenty-two, and twenty-three of
   49  this act shall take  effect  January  1,  2016;  provided  further  that
   50  sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
   51  of this act shall take effect January 1, 2017.   Effective  immediately,
   52  any  rules,  regulations  and  agreements  necessary  to  implement  the
   53  provisions of this act on its effective date are authorized and directed
   54  to be completed on or before such date.