Bill Text: NY A06297 | 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 4-0)
Status: (Introduced - Dead) 2024-01-03 - referred to election law [A06297 Detail]
Download: New_York-2023-A06297-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6297 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Election Law 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[; orEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09014-01-3A. 6297 2 1(ii) a copy of a current utility bill, bank statement, government2check, paycheck, or other government document that shows the name and3address of the voter]. 4 (3) A valid and current government issued photo identification shall 5 include: a New York state driver's license or non-driver ID; a United 6 States passport; an identification card issued by a United States educa- 7 tional institution; a United States military identification card; a 8 government issued medical card or any identification card issued by the 9 United States or the state of New York. 10 (b) Fail-safe voting. (1) An individual who desires to vote in person, 11 but [who does not meet the requirements of subparagraph one of paragraph12(a) of this subdivision] does not possess a current and valid government 13 issued photo identification, may cast an affidavit ballot[, and notwith-14standing this section of law, such]. Such affidavit ballot shall be duly 15 cast and counted[, even though such individual does not meet the16requirements of subparagraph one of paragraph (a) of this subdivision,] 17 provided such individual casting such ballot is an otherwise eligible 18 voter pursuant to law, [provided further] that the local board of 19 elections determines the validity of the affidavit ballot and that such 20 ballot otherwise complies with the requirements of law. 21 (2) An individual who desires to vote by mail but who does not [meet22the requirements of subparagraph two of paragraph (a) of this subdivi-23sion] possess a current and valid government issued photo identifica- 24 tion, may cast such a ballot by mail and such ballot shall be duly cast 25 and counted[, notwithstanding this section,] provided [the voter is26determined to be an eligible voter and provided further], that the local 27 board of elections determines the validity of the ballot by mail and 28 that such ballot otherwise complies with the requirements of law. 29 3. Inapplicability. Subdivisions one and two of this section shall not 30 apply in the case of a person: (a) who registers to vote by mail and 31 submits as part of such registration [either:32(1)] a copy of a current and valid government issued photo identifica- 33 tion; or 34 [(2) a copy of a current utility bill, bank statement, government35check, paycheck, or government document that shows the name and address36of the voter;] 37 (b) [(1)] who registers to vote by mail and submits with such regis- 38 tration either: 39 [(i)] (1) a driver's license or a department of motor vehicles non- 40 driver photo ID number; or 41 [(ii)] (2) at least the last four digits of the individual's social 42 security number; and [(2)] with respect to whom a local board of 43 elections matches the information submitted under [subparagraph one of] 44 this paragraph with an existing state identification record bearing the 45 number, name and date of birth of such voter; [or46(c) who is: (1)] (3) such person is entitled to vote by absentee 47 ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 48 U.S.C. 1973ff-1 et seq.); 49 [(2)] (4) such person is provided the right to vote otherwise than in 50 person under section 3 (b) (2) (B) (ii) of the Voting Accessibility for 51 the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); 52 or 53 [(3)] (5) such person is entitled to vote otherwise than in person 54 under any other federal law. 55 § 2. This act shall take effect immediately.
