Bill Text: NY A06764 | 2023-2024 | General Assembly | Introduced

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Bill Title: Ensures that boards of elections provide adequate notice to each voter before and after a board cancels the voter's registration or places such voter in inactive status.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-03 - referred to election law [A06764 Detail]

Download: New_York-2023-A06764-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6764

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Election Law

        AN ACT to amend the election law, in relation to notices  to  voters  of
          registration cancellation or inactive status

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 5-213 of the election law is amended  by  adding  a
     2  new subdivision 6 to read as follows:
     3    6. When a board of elections places a voter's registration in inactive
     4  status, the board of elections shall notify the voter immediately using:
     5  (a)  first  class  forwardable  mail  addressed to the address where the
     6  board believes the voter now resides; (b) first class  forwardable  mail
     7  addressed  to  the  address  where  the voter is registered; and (c) any
     8  email  addresses  and  telephone  numbers  that  are  in  the  board  of
     9  elections'  registration  records  for  the  voter.  Such  notices shall
    10  explain the reason why the voter has been placed in inactive status. The
    11  state board of elections shall establish  uniform,  statewide  forms  of
    12  notice for this purpose.
    13    § 2. Subdivisions 2 and 3 of section 5-402 of the election law, subdi-
    14  vision  2 as amended by chapter 94 of the laws of 1997 and subdivision 3
    15  as amended by chapter 373 of the laws of 1978, are  amended  and  a  new
    16  subdivision 5 is added to read as follows:
    17    2. Whenever the board has reason to believe that a registered voter is
    18  no  longer  qualified  to  vote,  it shall, before cancelling his or her
    19  registration, notify him or her, in a uniform, statewide  form  approved
    20  by the state board of elections, [by first class forwardable mail to the
    21  address from which he was last registered] using all of the notification
    22  methods  prescribed  by  subdivision  five  of this section, which shall
    23  state the reason why the voter's registration  is  being  cancelled  and
    24  that he or she may appear before the board or answer in writing by mail,
    25  stating the reasons why his or her registration should not be cancelled.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10591-01-3
        A. 6764                             2

     1  Such notice shall also state that if the voter does not appear or answer
     2  in  writing within fourteen days after such notice is mailed, his or her
     3  registration [will] shall be cancelled. Such notice  shall  also  advise
     4  the  voter  of his or her right to reregister pursuant to the provisions
     5  of this chapter and shall contain the phone number to call for the  days
     6  and  hours  of local registration and the location of local registration
     7  places, the deadline for personal registration  by  mail  for  the  next
     8  general  election  and  the  phone  number  to call to obtain additional
     9  applications for personal registration by mail.  No such notice shall be
    10  required in order to cancel the registration of a voter who has  made  a
    11  personal  request  to  be  removed from the list of registered voters as
    12  defined by subdivision two of section 5-400 of this title or the  regis-
    13  tration  of  a voter whose name has been in inactive status for at least
    14  the period required by paragraph (f) of subdivision one of section 5-400
    15  of this title or to cancel the registration of a  voter  who  has  died.
    16  Together  with such notice of cancellation, the board shall mail to such
    17  voter a postage paid return card in a form approved by the  state  board
    18  of elections. Such card shall provide a place for the voter to set forth
    19  the  reasons for his or her continued eligibility to vote in such county
    20  or city and to indicate his or her current address in the county or city
    21  and a statement that failure to return the card [will] shall  result  in
    22  cancellation  of  registration.  The card shall also inform the voter of
    23  how to reregister if the voter has moved out of the county or  city.  If
    24  such  registered  voter shall fail to appear or answer in writing within
    25  such time or if, after he or she so appears or writes, the board is  not
    26  satisfied  that  he  or she is qualified to remain registered, the board
    27  shall cancel his or her registration.
    28    3. The board of elections shall notify immediately every person  whose
    29  registration is cancelled [after such person has responded, in person or
    30  by  mail, to a notice sent pursuant to subdivision two of this section,]
    31  of the action taken and the reason therefor, [by written notice  to  the
    32  address  from  which he was last registered] using all of the methods of
    33  notice prescribed by subdivision five of  this  section.    Such  notice
    34  shall  advise  such persons either of their right to reregister or their
    35  right to apply to a court of law for reinstatement, whichever is  appro-
    36  priate.
    37    5.  When  a board of elections gives a voter notice of cancellation or
    38  notice of the board's intent to cancel a voter's registration, the board
    39  of elections shall immediately notify the voter using: (a)  first  class
    40  forwardable  mail  addressed to the address where the board believes the
    41  voter now resides; (b) first class forwardable  mail  addressed  to  the
    42  address  where  the voter is registered; and (c) any email addresses and
    43  telephone numbers that are  in  the  board  of  elections'  registration
    44  records  for  the  voter.  The  state board of elections shall establish
    45  uniform, statewide forms of notice for this purpose.
    46    § 3. Subdivisions 2, 3 and 5 of section 5-712  of  the  election  law,
    47  subdivisions  2  and 3 as amended by chapter 200 of the laws of 1996 and
    48  subdivision 5 as added by chapter 659 of the laws of 1994,  are  amended
    49  to read as follows:
    50    2. (a) The board of elections shall also send a confirmation notice to
    51  every  registered  voter  for  whom  it  receives  a notice of change of
    52  address to an address not in such city or county which is not signed  by
    53  the  voter  by  first class forwardable mail, and to any email addresses
    54  and telephone numbers that are in the board of  elections'  registration
    55  records for the voter. Such change of address notices shall include, but
    56  not  be  limited  to,  notices of change of address received pursuant to
        A. 6764                             3

     1  subdivision eleven of section 5-211 and subdivision six of section 5-212
     2  of this article, notice of change of  address  from  the  United  States
     3  Postal Service through the National Change of Address System or from any
     4  other  agency  of  the  federal government or any agency of any state or
     5  local government and notice of a forwarding address on mail  sent  to  a
     6  voter by the board of elections and returned by the postal service. Such
     7  confirmation  notices  shall  be sent to such new address by first class
     8  forwardable mail, and the board shall notify the voter using  any  email
     9  addresses  and  telephone  numbers  that  are in the board of elections'
    10  registration records for the voter.
    11    (b) If a notice sent pursuant to paragraph (a) of this subdivision  to
    12  the  voter at the new address is returned as undeliverable, the board of
    13  elections shall send another second such notice by first class forwarda-
    14  ble mail, and to any email addresses and telephone numbers that  are  in
    15  the  board  of  elections'  registration  records  for  the voter to the
    16  address at which the voter was originally registered.
    17    3. Such notices required by subdivisions one and two of  this  section
    18  shall  be  [in a form] sent using uniform, statewide forms prescribed by
    19  the state board of elections and the  mailed  notices  shall  include  a
    20  postage-paid return card on which the voter may confirm the fact that he
    21  or  she  still  resides  at the address to which the notice was sent, or
    22  notify the board of any change of address. Such  notices  shall  request
    23  all voters who receive the notice to reply with their current addresses.
    24  Such  notices  shall  request all voters who receive the notice to reply
    25  with their current addresses and shall state that voters  who  have  not
    26  moved or who have moved within the county or city and who do not respond
    27  may be required to vote by affidavit ballot and that if they do not vote
    28  in  any  election  up to and including the second federal election after
    29  such notice, their registrations may be cancelled.  Such notices sent to
    30  addresses in New York state shall also include a mail registration  form
    31  and  information  on  how  voters  who have moved to a different city or
    32  county may reregister.
    33    5. All voters or applicants to whom a  confirmation  notice  is  sent,
    34  pursuant to the provisions of this section, shall forthwith be placed in
    35  inactive status. When a voter is placed in inactive status, the board of
    36  elections  shall  notify  the voter that they are now in inactive status
    37  using all of the methods set forth in subdivision five of section  5-402
    38  of this article that must be used to notify a voter that their registra-
    39  tion  has been cancelled and the notices shall state the reason that the
    40  voter has been placed in inactive status. Boards of elections shall  use
    41  a uniform, statewide notice approved by the state board of elections for
    42  this purpose.
    43    § 4. This act shall take effect immediately.