Bill Text: NY A05992 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to automatic voter registration when applying for licenses through the department of motor vehicles and graduating from high school.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2018-01-03 - referred to election law [A05992 Detail]

Download: New_York-2017-A05992-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5992
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 21, 2017
                                       ___________
        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Election Law
        AN ACT to amend the election law, in relation to automatic voter  regis-
          tration  when  applying  for  licenses through the department of motor
          vehicles and graduating from high school
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The election law is amended by adding a new section 5-200
     2  to read as follows:
     3    § 5-200. Automatic voter registration. 1.  Notwithstanding  any  other
     4  manner  of  registration  required  by  this article, each person in the
     5  state qualified to vote pursuant to section 5-102 of this article, shall
     6  be automatically  registered  to  vote  as  provided  in  this  section,
     7  provided  that the person does not elect to decline registration to vote
     8  at the point of service.
     9    2. The state board of elections or county  board  of  elections  shall
    10  register  to vote or update the registration record of any person in the
    11  state qualified to vote pursuant to section 5-102 of  this  article  who
    12  does  not  elect to decline registration to vote or update the registra-
    13  tion record at the point of service and does any of the following:
    14    (a) completes an application for a new or  renewed  driver's  license,
    15  non-driver   identification   card,  pre-licensing  course  certificate,
    16  learner's permit or certification of supervised driving with the depart-
    17  ment of motor vehicles, or notifies such  department  in  writing  of  a
    18  change of his or her name or address; or
    19    (b) graduates from a New York state high school.
    20    3.  The  state board of elections shall enter into agreements with the
    21  department of education and the department of motor vehicles  to  ensure
    22  that  for  each person described in subdivision two of this section, the
    23  department of education and the department of motor  vehicles  electron-
    24  ically transmits to the state or local boards of elections the following
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09504-01-7

        A. 5992                             2
     1  information  in  a format that can be read by the computerized statewide
     2  voter registration list:
     3    (a) given name or names and surname or surnames;
     4    (b) mailing address and residential address;
     5    (c) date of birth;
     6    (d) citizenship;
     7    (e)  driver's  license  or non-driver identification card number, last
     8  four digits of the person's social security number, or a space  for  the
     9  person to indicate that he or she does not have any such number;
    10    (f) political party enrollment, if any;
    11    (g)  an  indication  that  the person intends to apply for an absentee
    12  ballot, if any; and
    13    (h) an image of the person's signature.
    14    In the event that any transmission of data pursuant  to  this  section
    15  fails to include an image of an individual's signature, the absence of a
    16  signature  shall  not  preclude the registration of an eligible citizen.
    17  The board of elections shall develop procedures to  enable  an  eligible
    18  citizen,  whose  information is transmitted pursuant to this section and
    19  whose information lacks an electronic signature, to provide a  signature
    20  at  the  polling  place  or  with  an application for an absentee ballot
    21  before voting. The board may require an elector who has not  provided  a
    22  signature before arriving at the polling place or submitting an absentee
    23  ballot  to present a current and valid photo identification or a copy of
    24  a current utility bill, bank statement, government check,  paycheck,  or
    25  other government document that shows the name and address of the voter.
    26    4.  If the department of education or the department of motor vehicles
    27  does not obtain information concerning the citizenship status of persons
    28  described in subdivision two of this section, it shall  obtain  informa-
    29  tion  sufficient  to  transmit  to the board of elections indications of
    30  United States citizenship for each person described in  subdivision  two
    31  of  this  section, but shall not retain, use, or share any such informa-
    32  tion relating to an individual's citizenship for any other purpose.
    33    5. Each high school and the department of motor vehicles shall include
    34  for each person described in subdivision two of this section a statement
    35  that he or she shall be registered to vote, if he or she is not  already
    36  so  registered, provided, however, that each high school and the depart-
    37  ment of motor vehicles shall provide each person described  in  subdivi-
    38  sion  two  of this section the opportunity to elect to decline registra-
    39  tion to vote at the point of service, and upon such election, he or  she
    40  shall  not  be  registered  to  vote  pursuant to the procedures in this
    41  section at that time.
    42    6. The state board of elections shall prepare and  distribute  to  the
    43  department  of motor vehicles written instructions as to the implementa-
    44  tion of the program and shall be responsible for  establishing  training
    45  programs for employees. Training shall include requirements that employ-
    46  ees  of  the department of motor vehicles communicate to each individual
    47  identified in subdivision two of this section  that  the  department  of
    48  motor  vehicles  maintains  strict neutrality with respect to a person's
    49  party enrollment and all persons seeking voter  registration  forms  and
    50  information  shall  be  advised  that government services are not condi-
    51  tioned on being registered to vote, or eligibility to register to  vote.
    52  No statement shall be made nor any action taken to discourage the appli-
    53  cant from registering to vote.
    54    7.  The  state  board  of  elections and department of education shall
    55  prepare and distribute to each high  school  within  the  state  written
    56  instructions  as  to  the  implementation  of  the  program and shall be

        A. 5992                             3
     1  responsible for establishing training programs for  employees.  Training
     2  shall include requirements that employees of the high school communicate
     3  to  each  student  that the high school maintains strict neutrality with
     4  respect  to  a  person's party enrollment and all students seeking voter
     5  registration forms and information shall be advised that they shall  not
     6  be  disciplined  based on being registered to vote, party enrollment, or
     7  eligibility to register to vote. No statement  shall  be  made  nor  any
     8  action taken to discourage a student from registering to vote.
     9    8. The agreements between the state board of elections and the depart-
    10  ment of education and the department of motor vehicles shall include the
    11  format  in  which  information will be transmitted, whether and how each
    12  entity will collect, in addition to the mandatory information listed  in
    13  subdivision three of this section, additional information on a voluntary
    14  basis  from  persons for the purpose of facilitating voter registration,
    15  the frequency of data transmissions, the procedures, and other  measures
    16  that  will be used to ensure the security and privacy of the information
    17  transmitted, and any other matter necessary or helpful to implement  the
    18  requirements of this section.
    19    9.  The  department  of education and the department of motor vehicles
    20  shall cooperate with the state board of elections and  county  board  of
    21  elections  to facilitate the voter registration of each person described
    22  in subdivision two of this section, and to electronically  transmit  the
    23  information  needed  to  register  each such person to vote or to update
    24  each such person's voter registration record.
    25    10. The department of education and the department of  motor  vehicles
    26  shall enter into an agreement with the state board of elections finaliz-
    27  ing  the format and content of electronic transmissions required by this
    28  section no later than September first, two thousand eighteen;  provided,
    29  that  the  department  of education and the department of motor vehicles
    30  shall be able to comply fully with all  requirements  of  this  section,
    31  including the collection and transmission of all data required to regis-
    32  ter individuals to vote, by January first, two thousand nineteen.
    33    § 2. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law.
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