Bill Text: NY S07876 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires a New York state driver's license or non-driver ID, a United States passport, an identification card issued by a United States educational institution, a United States military identification card, a government issued medical card, or any identification card issued by the United States or the state of New York to be presented when casting a ballot.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S07876 Detail]
Download: New_York-2023-S07876-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7876 IN SENATE January 3, 2024 ___________ Introduced by Sen. WALCZYK -- 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 requiring a valid government issued photo identification card to be presented when cast- ing a ballot The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8-303 of the election law, as added by chapter 420 2 of the laws of 2004, subparagraph 1 of paragraph (b) of subdivision 3 as 3 amended by chapter 160 of the laws of 2005, is amended to read as 4 follows: 5 § 8-303. [Initial voter] Voter identification. 1. Applicability. Each 6 board of elections, in a uniform and nondiscriminatory manner, shall 7 require a voter to meet the requirements of subdivision two of this 8 section [if:9(a) the individual registered to vote in a jurisdiction by mail on or10after January first, two thousand three; and11(b) the individual has not previously voted in an election for federal12office in the jurisdiction of the board of elections]. 13 2. Requirements. (a) In general. An individual meets the requirements 14 of this subdivision if the individual: 15 (1) in the case of an individual who votes in person[: (i)], presents 16 to the appropriate election inspector, clerk or coordinator a current 17 and valid government issued photo identification[; or18(ii) presents to the appropriate election inspector, clerk or coordi-19nator a copy of a current utility bill, bank statement, government20check, paycheck, or other government document that shows the name and21address of the voter;] or 22 (2) in the case of an individual who votes by mail, submits in the 23 outer envelope with the envelope containing the ballot[: (i)] a copy of 24 a current and valid government issued photo identification[; or25(ii) a copy of a current utility bill, bank statement, government26check, paycheck, or other government document that shows the name and27address of the voter]. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09014-01-3S. 7876 2 1 (3) A valid and current government issued photo identification shall 2 include: a New York state driver's license or non-driver ID; a United 3 States passport; an identification card issued by a United States educa- 4 tional institution; a United States military identification card; a 5 government issued medical card or any identification card issued by the 6 United States or the state of New York. 7 (b) Fail-safe voting. (1) An individual who desires to vote in person, 8 but [who does not meet the requirements of subparagraph one of paragraph9(a) of this subdivision] does not possess a current and valid government 10 issued photo identification, may cast an affidavit ballot[, and notwith-11standing this section of law, such]. Such affidavit ballot shall be duly 12 cast and counted[, even though such individual does not meet the13requirements of subparagraph one of paragraph (a) of this subdivision,] 14 provided such individual casting such ballot is an otherwise eligible 15 voter pursuant to law, [provided further] that the local board of 16 elections determines the validity of the affidavit ballot and that such 17 ballot otherwise complies with the requirements of law. 18 (2) An individual who desires to vote by mail but who does not [meet19the requirements of subparagraph two of paragraph (a) of this subdivi-20sion] possess a current and valid government issued photo identifica- 21 tion, may cast such a ballot by mail and such ballot shall be duly cast 22 and counted[, notwithstanding this section,] provided [the voter is23determined to be an eligible voter and provided further], that the local 24 board of elections determines the validity of the ballot by mail and 25 that such ballot otherwise complies with the requirements of law. 26 3. Inapplicability. Subdivisions one and two of this section shall not 27 apply in the case of a person: (a) who registers to vote by mail and 28 submits as part of such registration [either:29(1)] a copy of a current and valid government issued photo identifica- 30 tion; or 31 [(2) a copy of a current utility bill, bank statement, government32check, paycheck, or government document that shows the name and address33of the voter;] 34 (b) [(1)] who registers to vote by mail and submits with such regis- 35 tration either: 36 [(i)] (1) a driver's license or a department of motor vehicles non- 37 driver photo ID number; or 38 [(ii)] (2) at least the last four digits of the individual's social 39 security number; and [(2)] with respect to whom a local board of 40 elections matches the information submitted under [subparagraph one of] 41 this paragraph with an existing state identification record bearing the 42 number, name and date of birth of such voter; [or43(c) who is: (1)] (3) such person is entitled to vote by absentee 44 ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 45 U.S.C. 1973ff-1 et seq.); 46 [(2)] (4) such person is provided the right to vote otherwise than in 47 person under section 3 (b) (2) (B) (ii) of the Voting Accessibility for 48 the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); 49 or 50 [(3)] (5) such person is entitled to vote otherwise than in person 51 under any other federal law. 52 § 2. This act shall take effect immediately.