Bill Text: NY A07011 | 2009-2010 | General Assembly | Introduced


Bill Title: Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if the voter moves to a new county.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2010-01-06 - referred to election law [A07011 Detail]

Download: New_York-2009-A07011-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7011
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 18, 2009
                                      ___________
       Introduced  by M. of A. BING, LANCMAN, ROSENTHAL, LUPARDO, COLTON, KOON,
         REILLY, HOYT, MENG -- Multi-Sponsored by -- M. of A. BRENNAN,  CAHILL,
         GOTTFRIED,  WEISENBERG  --  read once and referred to the Committee on
         Election Law
       AN ACT to amend the election law, in relation to a  universal  jurisdic-
         tion voting act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1, 4, and 8 of section 5-208 of  the  election
    2  law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996,
    3  subdivision  4  as added by chapter 659 of the laws of 1994, are amended
    4  to read as follows:
    5    1. The board of elections shall transfer the registration and  enroll-
    6  ment  of any voter for whom it receives a notice of change of address to
    7  another address in [the same county or city] NEW YORK STATE, or for  any
    8  voter  who  casts  a  ballot  in an affidavit ballot envelope which sets
    9  forth such a new address.  Such notices shall include, but not be limit-
   10  ed to, notices received from any state agency  which  conducts  a  voter
   11  registration  program  pursuant  to the provisions of sections 5-211 and
   12  5-212 of this title, that the voter has notified such agency of a change
   13  of address in [the same city or county] NEW YORK STATE unless the  voter
   14  has  indicated that such change of address is not for voter registration
   15  purposes, notices of change of address from  the  United  States  Postal
   16  Service  through the National Change of Address System, any notices of a
   17  forwarding address on mail sent to a voter by the board of elections and
   18  returned by the postal service, national  or  state  voter  registration
   19  forms, confirmation mailing response cards, United States Postal Service
   20  notices  to correspondents of change of address, applications for regis-
   21  tration from persons already registered in [such  county  or  city]  NEW
   22  YORK  STATE, or any other notices to correspondents sent to the board of
   23  elections by such voters.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10231-01-9
       A. 7011                             2
    1    4. If such application for registration from a  voter  already  regis-
    2  tered  in [such county or city] NEW YORK STATE also reflects a change of
    3  enrollment, the board of elections shall treat such  application  as  an
    4  application  for  change of enrollment pursuant to section 5-304 of this
    5  article.
    6    8.  If  the  board of elections receives notice of a change of address
    7  within [such city or county] NEW YORK STATE from, or with respect to,  a
    8  person  who it determines is not registered in [such county or city] NEW
    9  YORK STATE, it shall forthwith send such person a notice to that  effect
   10  in  a  form  approved by the state board of elections at the new address
   11  set forth in such notice of change of address,  together  with  a  voter
   12  registration form.
   13    S  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
   14  8-302 of the election law, as amended by chapter  200  of  the  laws  of
   15  1996, is amended to read as follows:
   16    (ii)  He  may  swear to and subscribe an affidavit stating that he has
   17  duly registered to vote, the address  in  such  election  district  from
   18  which  he  registered,  that  he  remains a duly qualified voter in such
   19  election district, that his registration poll record appears to be  lost
   20  or  misplaced or that his name and/or his signature was omitted from the
   21  computer generated registration list or that he has  moved  within  [the
   22  county  or  city]  NEW  YORK STATE since he last registered, the address
   23  from which he was previously registered and  the  address  at  which  he
   24  currently  resides,  and at a primary election, the party in which he is
   25  enrolled. The inspectors of election shall offer such  an  affidavit  to
   26  each  such  voter  whose residence address is in such election district.
   27  Each such affidavit shall be in a form prescribed by the state board  of
   28  elections,  shall be printed on an envelope of the size and quality used
   29  for an absentee ballot envelope, and  shall  contain  an  acknowledgment
   30  that  the  affiant  understands that any false statement made therein is
   31  perjury punishable according to law. The voter's name  and  the  entries
   32  required shall then be entered without delay and without further inquiry
   33  in  the  fourth section of the challenge report or in the place provided
   34  at the end of the computer generated registration list, with  the  nota-
   35  tion  that  the voter has executed the affidavit hereinabove prescribed,
   36  or, if such person's name appears on the computer generated registration
   37  list, the board of elections may provide a place to make such entry next
   38  to his name on such list. The voter shall then, without further inquiry,
   39  be permitted to vote an emergency ballot provided for by  this  chapter.
   40  Such  ballot  shall  thereupon  be placed in the envelope containing his
   41  affidavit, and  the  envelope  sealed  and  returned  to  the  board  of
   42  elections  in the manner provided by this chapter for protested official
   43  ballots, including a statement of the number of such ballots.
   44    S 3. This act shall take effect immediately.
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