Bill Text: NY A00394 | 2015-2016 | General Assembly | Introduced


Bill Title: Designates state and city universities of New York as participating agencies for voter registration form distribution and assistance; permits independent institutions to do the same upon request; requires SUNY, CUNY and independent institutions to offer each applicant an application for an absentee ballot.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2016-01-06 - referred to election law [A00394 Detail]

Download: New_York-2015-A00394-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          394
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. DINOWITZ, KAVANAGH, JAFFEE, BUCHWALD, OTIS, SCAR-
         BOROUGH -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, CLARK, COLTON,
         GLICK,  GOTTFRIED,  GUNTHER,  PERRY  --  read once and referred to the
         Committee on Election Law
       AN ACT to amend the election law, in relation to designating  the  state
         and  city universities of New York as participating agencies for voter
         registration form distribution and assistance,  and  permitting  inde-
         pendent institutions of higher education to do the same upon request
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of section 5-211 of the election law,
    2  as amended by chapter 265 of the laws of 2013, is  amended  to  read  as
    3  follows:
    4    Each  agency designated as a participating agency under the provisions
    5  of this section shall implement and administer a program of distribution
    6  of voter registration forms pursuant to the provisions of this  section.
    7  The  following  offices  which  provide public assistance and/or provide
    8  state funded programs primarily engaged in providing services to persons
    9  with disabilities are hereby designated as voter registration  agencies:
   10  designated as the state agencies which provide public assistance are the
   11  office  of  children  and  family  services, the office of temporary and
   12  disability assistance and the department of health. Also  designated  as
   13  public  assistance  agencies  are  all agencies of local government that
   14  provide such assistance.  Designated  as  state  agencies  that  provide
   15  programs primarily engaged in providing services to people with disabil-
   16  ities  are  the  department  of labor, office for the aging, division of
   17  veterans' affairs, office of mental health,  office  of  vocational  and
   18  educational  services  for  individuals with disabilities, commission on
   19  quality of care for the mentally disabled, office [of mental retardation
   20  and] FOR PEOPLE WITH  developmental  disabilities,  commission  for  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01109-01-5
       A. 394                              2
    1  blind,  office of alcoholism and substance abuse services, the office of
    2  the advocate for the disabled and all offices which administer  programs
    3  established or funded by such agencies. Additional [state] PARTICIPATING
    4  agencies  designated as voter registration offices are the department of
    5  state [and], the [division] DISTRICT OFFICES  of  THE  workers'  compen-
    6  sation  BOARD  AND  ALL INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK
    7  AND THE CITY UNIVERSITY OF NEW YORK; AND ANY DEGREE-GRANTING INSTITUTION
    8  OF HIGHER EDUCATION DESCRIBED  IN  ARTICLES  ONE  HUNDRED  FIFTEEN,  ONE
    9  HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE HUNDRED TWENTY-SIX AND
   10  ONE  HUNDRED  TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH ELECTS
   11  TO BE A PARTICIPATING AGENCY BY FILING WITH THE STATE BOARD OF ELECTIONS
   12  A NOTICE IN WHICH IT MAKES AN ELECTION. Such agencies shall be  required
   13  to  offer  voter  registration forms to persons upon initial application
   14  for services, FOR PARTICIPATION IN ACTIVITIES OR FOR USE OF  FACILITIES,
   15  AND  UPON  renewal  or  recertification  for services and UPON change of
   16  address relating to such services, PARTICIPATION IN ACTIVITIES OR USE OF
   17  FACILITIES OF THE AGENCY. Such agencies shall also  be  responsible  for
   18  providing  assistance  to  applicants  in  completing voter registration
   19  forms, receiving and transmitting the completed  application  form  from
   20  all applicants who wish to have such form transmitted to the appropriate
   21  board  of  elections.  The state board of elections shall, together with
   22  representatives of the UNITED STATES department of defense, develop  and
   23  implement  procedures  for  including  recruitment  offices of the armed
   24  forces of the United States as  voter  registration  offices  when  such
   25  offices  are  so designated by federal law. The state board OF ELECTIONS
   26  shall also make request of the United States [Immigration and  Naturali-
   27  zation Service] CITIZENSHIP AND IMMIGRATION SERVICES to include applica-
   28  tions for registration by mail with any materials which are given to new
   29  citizens.  All  institutions of the state university of New York and the
   30  city university of New York, shall, at the beginning of the school year,
   31  and again in January of a year in which  the  president  of  the  United
   32  States  is  to be elected, provide an application for VOTER registration
   33  to each student in each such institution. The state board  of  elections
   34  may,  by  regulation, grant a waiver from any or all of the requirements
   35  of this section to any office or program of an agency, if it  determines
   36  that  it  is  not feasible for such office or program to administer such
   37  requirement.
   38    S 2. Subdivision 4 of section 5-211 of the election law, as  added  by
   39  chapter 659 of the laws of 1994, is amended to read as follows:
   40    4.  Each participating agency shall provide to each applicant who does
   41  not decline to register to vote  the  same  degree  of  assistance  with
   42  regard  to  the  completion  of  the registration application form as is
   43  provided by the agency with regard to the completion  of  its  own  form
   44  unless  the  applicant  refuses such assistance. ALL INSTITUTIONS OF THE
   45  STATE UNIVERSITY OF NEW YORK AND  ALL  DEGREE-GRANTING  INSTITUTIONS  OF
   46  HIGHER  EDUCATION DESCRIBED IN ARTICLES ONE HUNDRED FIFTEEN, ONE HUNDRED
   47  TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE  HUNDRED  TWENTY-SIX  AND  ONE
   48  HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH HAVE ELECTED
   49  TO  BE  PARTICIPATING AGENCIES PURSUANT TO THE OPENING PARAGRAPH OF THIS
   50  SECTION SHALL ALSO PROVIDE SUCH LEVEL OF ASSISTANCE TO EACH  PERSON  WHO
   51  WISHES TO COMPLETE AN APPLICATION FOR AN ABSENTEE BALLOT.
   52    S  3.  The  opening paragraph of subdivision 8 of section 5-211 of the
   53  election law, as amended by chapter 659 of the laws of 1994, is  amended
   54  to read as follows:
   55    Each  participating  agency, department, division or office that makes
   56  available voter registration forms OR ABSENTEE BALLOT  APPLICATIONS,  OR
       A. 394                              3
    1  BOTH, pursuant to this section shall offer with each application for the
    2  services or assistance, PARTICIPATION IN ACTIVITIES OR USE OF FACILITIES
    3  of  such  agency, department, division or office and with each recertif-
    4  ication,  renewal  or change of address form relating to such service or
    5  assistance, PARTICIPATION IN ACTIVITIES OR USE OF FACILITIES,  a  regis-
    6  tration  form  together  with  instructions  relating  to eligibility to
    7  register and for completing the form  except  that  forms  used  by  the
    8  department of [social services] FAMILY ASSISTANCE for the initial appli-
    9  cation  for services, renewal or recertification for services and change
   10  of address relating to such  services  shall  physically  incorporate  a
   11  voter  registration  application  in  a  fashion  that permits the voter
   12  registration portion of the agency form to be  detached  therefrom.  ALL
   13  INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK AND ALL DEGREE-GRANTING
   14  INSTITUTIONS  OF  HIGHER  EDUCATION  DESCRIBED  IN  ARTICLES ONE HUNDRED
   15  FIFTEEN, ONE HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE,  ONE  HUNDRED
   16  TWENTY-SIX AND ONE HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW
   17  WHICH  HAVE ELECTED TO BE PARTICIPATING AGENCIES PURSUANT TO THE OPENING
   18  PARAGRAPH OF THIS SECTION SHALL ALSO OFFER EACH SUCH APPLICANT AN APPLI-
   19  CATION FOR AN ABSENTEE BALLOT. Such voter registration application shall
   20  be designed so as to ensure the confidentiality of  the  source  of  the
   21  application.  Included  on  each  participating agency's application for
   22  services or assistance or on a separate form shall be:
   23    S 4. This act shall take effect on the one hundred twentieth day after
   24  it shall have become a law, provided however, that effective  immediate-
   25  ly,  the  addition,  amendment and/or repeal of any rules or regulations
   26  necessary for the implementation of this act on its effective  date  are
   27  authorized  and  directed  to  be  made  and completed on or before such
   28  effective date.
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