Bill Text: NY A09826 | 2017-2018 | 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 41-0)
Status: (Introduced - Dead) 2018-03-29 - advanced to third reading cal.729 [A09826 Detail]
Download: New_York-2017-A09826-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9826 IN ASSEMBLY February 14, 2018 ___________ Introduced by M. of A. DINOWITZ, L. ROSENTHAL, GLICK, ENGLEBRIGHT, CRES- PO, LUPARDO, FAHY, COLTON, MOSLEY, ABINANTI, ZEBROWSKI, OTIS, SIMON, ROZIC, BRINDISI, JAFFEE, BUCHWALD, RYAN, CUSICK, PAULIN, HEVESI, SKOUFIS, MAYER, CARROLL, GALEF, RAMOS, LIFTON, VANEL, D'URSO, TITONE, SEAWRIGHT, WRIGHT -- Multi-Sponsored by -- M. of A. BRONSON, CAHILL, COOK, GOTTFRIED, HIKIND, MAGEE, THIELE -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to voter registration transfers 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 and a new subdivision 9 is added to read as follows: 5 1. The board of elections shall transfer the registration and enroll- 6 ment of any voter appearing on a statewide voter list pursuant to subdi- 7 vision one of section 5-614 of this article for whom it receives a 8 notice of change of address to another address in [the same county or9city] New York state, or for any voter who casts a ballot in an affida- 10 vit ballot envelope which sets forth such a new address. Such notices 11 shall include, but not be limited to, notices received from any state 12 agency which conducts a voter registration program pursuant to the 13 provisions of sections 5-211 and 5-212 of this title, that the voter has 14 notified such agency of a change of address in [the same city or county] 15 New York state unless the voter has indicated that such change of 16 address is not for voter registration purposes, notices of change of 17 address from the United States Postal Service through the National 18 Change of Address System, any notices of a forwarding address on mail 19 sent to a voter by the board of elections and returned by the postal 20 service, national or state voter registration forms, confirmation mail- 21 ing response cards, United States Postal Service notices to correspond- 22 ents of change of address, applications for registration from persons EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01566-02-7A. 9826 2 1 already registered in [such county or city] New York state, or any other 2 notices to correspondents sent to the board of elections by such voters. 3 4. If such application for registration from a voter already regis- 4 tered in [such county or city] New York state also reflects a change of 5 enrollment, the board of elections shall treat such application as an 6 application for change of enrollment pursuant to section 5-304 of this 7 article. 8 8. If the board of elections receives notice of a change of address 9 within [such city or county] New York state from, or with respect to, a 10 person who it determines is not registered in [such county or city] New 11 York state, it shall forthwith send such person a notice to that effect 12 in a form approved by the state board of elections at the new address 13 set forth in such notice of change of address, together with a voter 14 registration form. 15 9. The state board of elections shall promulgate regulations as to the 16 procedures for transferring a voter from one county to another. 17 § 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section 18 8-302 of the election law, as amended by chapter 164 of the laws of 19 2010, is amended to read as follows: 20 (ii) He or she may swear to and subscribe an affidavit stating that he 21 or she has duly registered to vote, the address in such election 22 district from which he or she registered, that he or she remains a duly 23 qualified voter in such election district, that his or her registration 24 poll record appears to be lost or misplaced or that his or her name 25 and/or his or her signature was omitted from the computer generated 26 registration list or that he or she has moved within [the county or27city] New York state since he or she last registered, the address from 28 which he or she was previously registered and the address at which he or 29 she currently resides, and at a primary election, the party in which he 30 or she is enrolled. The inspectors of election shall offer such an affi- 31 davit to each such voter whose residence address is in such election 32 district. Each such affidavit shall be in a form prescribed by the 33 state board of elections, shall be printed on an envelope of the size 34 and quality used for an absentee ballot envelope, and shall contain an 35 acknowledgment that the affiant understands that any false statement 36 made therein is perjury punishable according to law. Such form 37 prescribed by the state board of elections shall request information 38 required to register such voter should the county board determine that 39 such voter is not registered and shall constitute an application to 40 register to vote. The voter's name and the entries required shall then 41 be entered without delay and without further inquiry in the fourth 42 section of the challenge report or in the place provided at the end of 43 the computer generated registration list, with the notation that the 44 voter has executed the affidavit hereinabove prescribed, or, if such 45 person's name appears on the computer generated registration list, the 46 board of elections may provide a place to make such entry next to his or 47 her name on such list. The voter shall then, without further inquiry, 48 be permitted to vote an affidavit ballot provided for by this chapter. 49 Such ballot shall thereupon be placed in the envelope containing his or 50 her affidavit, and the envelope sealed and returned to the board of 51 elections in the manner provided by this chapter for protested official 52 ballots, including a statement of the number of such ballots. 53 § 3. This act shall take effect on the sixtieth day after it shall 54 have become a law.
