Bill Text: NY A10371 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes an electronic registration process integrated within designated agency applications; makes related provisions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-06-08 - ordered to third reading rules cal.212 [A10371 Detail]
Download: New_York-2015-A10371-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10371 IN ASSEMBLY May 24, 2016 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to establishing an elec- tronic registration process integrated within designated agency appli- cations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 5 of the election law is amended by adding a new 2 title 9 to read as follows: 3 TITLE IX 4 ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS 5 Section 5-900. Integrated personal voter registration application 6 required. 7 5-902. Automatic reinstatement after forfeiture. 8 5-904. Failure to provide exemplar signature not to prevent 9 registration. 10 5-906. Presumption of innocent authorized error. 11 5-908. Forms. 12 § 5-900. Integrated personal voter registration application required. 13 1. In addition to any other method of voter registration provided for by 14 this chapter, state and local agencies designated in subdivision ten of 15 this section shall provide to the state board of elections voter regis- 16 tration qualification information associated with each person who 17 submits an application for services at such agency, or who notifies the 18 agency of a change of address or name. Such designated agencies shall 19 ensure agency applications substantially include all of the elements 20 required by section 5-210 of this article, including the appropriate 21 attestation, so that persons completing such applications shall be able 22 to also submit an application to register to vote through the electronic 23 voter registration transmittal system. For purposes of this section, 24 "agency" shall mean any state or local agency, department, division, 25 office, institution or other entity designated by the state board of 26 elections pursuant to subdivision ten of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15609-01-6A. 10371 2 1 2. For each application submitted to the agency, whether electron- 2 ically or on paper, the agency shall transmit to the state board of 3 elections through an interface with the electronic voter registration 4 transmittal system established and maintained by the state board of 5 elections that portion of the application that includes voter registra- 6 tion information. The state board of elections shall electronically 7 forward such application to the applicable board of elections of each 8 county or the city of New York for filing, processing and verification 9 consistent with this chapter. 10 3. An integrated voter registration form submitted to an agency in 11 paper format shall be transmitted to the state board of elections 12 through an electronic voter registration transmittal system by convert- 13 ing the paper form to an image file or a portable document format file 14 which shall thereafter be deemed the original form for voter registra- 15 tion and enrollment purposes. The agency shall retain the complete 16 original paper application for no less than two years. The transmittal 17 of the converted paper application may include or be accompanied by data 18 elements and transmittal information as required by the rules and regu- 19 lations of the state board of elections. 20 4. An integrated voter registration application submitted to an agency 21 in an electronic format shall be transmitted to the state board of 22 elections through the electronic voter registration transmittal system 23 and shall include all of the voter registration data elements, including 24 electronic signature, as applicable, and record of attestation of the 25 accuracy of the voter registration information and any relevant document 26 images. 27 5. Information from the voter relevant to both voter registration and 28 the agency application shall be entered by the voter only once upon an 29 application. 30 6. The agency shall redact or remove from the completed integrated 31 application to be transmitted to the state board of elections any infor- 32 mation solely applicable to the agency application. 33 7. A voter shall be able to decline to register to vote using an inte- 34 grated application by selecting a single check box, or equivalent, which 35 shall read "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION PURPOSES. 36 DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS". 37 8. The voter shall be able to sign the voter registration application 38 and the agency application by means of a single manual or electronic 39 signature unless the agency requires more than one signature for other 40 agency purposes. 41 9. No application for voter registration shall be submitted if the 42 applicant declines registration or fails to sign the integrated applica- 43 tion, whether on paper or online. 44 10. Designated agencies for purposes of this section shall include all 45 agencies designated as voter registration agencies in sections 5-211 and 46 5-212 of this article, as well as any other agency designated by the 47 state board of elections. Any such designated agency shall take all 48 actions that are necessary and proper for the implementation of this 49 section, including facilitating technological capabilities to allow 50 transmission of data through an interface with the electronic voter 51 registration transmittal system in a secure manner. 52 11. Upon the discharge from a state correctional facility of any 53 person whose maximum sentence of imprisonment has expired or upon a 54 person's discharge from community supervision as defined in subdivision 55 three of section two hundred fifty-nine of the executive law, the 56 department of corrections and community supervision shall provide suchA. 10371 3 1 person a voter registration form, pursuant to section seventy-five of 2 the correction law and such form, if possible, shall be integrated with 3 the release documents normally presented and signed upon release. The 4 department of corrections and community supervision shall submit rele- 5 vant information for such person through the voter registration trans- 6 mittal system and notify the board of elections of the person's 7 discharge. 8 12. The state board of elections shall promulgate rules and regu- 9 lations for the creation and administration of an integrated electronic 10 voter registration process as provided for by this section. 11 § 5-902. Automatic reinstatement after forfeiture. Any person whose 12 voter registration is canceled pursuant to section 5-106 of this article 13 shall be automatically reinstated as a voter upon becoming eligible, 14 unless such voter shall affirmatively decline such reinstatement. The 15 department of corrections and community supervision shall notify the 16 board of elections through the voter registration transmittal system of 17 the date when the forfeiture of voting rights shall end and provide an 18 updated address for such person, if known. If no new address for such 19 voter is available at that time, such voter shall be reinstated at the 20 address of the previously canceled registration; provided, however, if 21 the mailed notification of such registration shall be returned undeliv- 22 erable to the board of elections, such returned mail shall be processed 23 in accordance with this article. 24 § 5-904. Failure to provide exemplar signature not to prevent regis- 25 tration. If a voter registration exemplar signature is not provided by 26 an applicant who submits a voter registration application pursuant to 27 this title and such signature exemplar is not otherwise available from 28 the statewide voter registration database or a state or local agency, 29 the local board of elections shall, absent another reason to reject the 30 application, proceed to register and, as applicable, enroll the appli- 31 cant. Within ten days of such action, the board of elections shall send 32 a standard form promulgated by the state board of elections to the voter 33 whose record lacks an exemplar signature, requiring such voter to submit 34 a signature for identification purposes. The voter shall submit to the 35 board of elections a voter registration exemplar signature by any one of 36 the following methods: in person, by mail with return postage paid 37 provided by the board of elections, by electronic mail, or by electronic 38 upload to the board of elections through the electronic voter registra- 39 tion transmittal system. If such voter does not provide the required 40 exemplar signature, when the voter appears to vote the voter shall be 41 entitled to vote in the same manner as a voter with a notation indicat- 42 ing the voter's identity has not yet been verified in the manner 43 provided by section 8-302 of this chapter. 44 § 5-906. Presumption of innocent authorized error. 1. If a person who 45 is ineligible to vote becomes registered to vote pursuant to section 46 5-902 of this title, that person's registration shall be presumed to 47 have been effected with official authorization and not the fault of that 48 person. Such presumption may be rebutted with evidence of knowing and 49 willful intent to falsely register to vote. 50 2. If a person who is ineligible becomes registered to vote pursuant 51 to section 5-902 of this title either votes or attempts to vote in an 52 election held after the effective date of the person's registration, 53 that person shall be presumed to have acted with official authorization 54 and shall not be guilty of illegal voting or illegally attempting to 55 vote. Such presumption may be rebutted with evidence of knowing andA. 10371 4 1 willful intent to vote or attempt to vote with knowledge that such 2 person is not qualified or entitled to vote. 3 § 5-908. Forms. The state board of elections shall promulgate rules 4 and regulations to implement this title. All agency forms and notices 5 required by this title shall be approved by the state board of 6 elections. All applications and notices for use by a board of elections 7 pursuant to this title shall be promulgated by the state board of 8 elections, and no addition or alternation to such forms by a board of 9 elections shall be made without approval of the state board of 10 elections. 11 § 2. This act shall take effect on the earlier occurrence of: (i) two 12 years after it shall have become a law; provided, however, the state 13 board of elections shall be authorized to implement necessary rules and 14 regulations and to take steps required to implement this act immediate- 15 ly; or (ii) five days after the date of certification by the state board 16 of elections that the information technology infrastructure to substan- 17 tially implement this act is functional. Provided, further that the 18 state board of elections shall notify the legislative bill drafting 19 commission upon the occurrence of the enactment of the legislation 20 provided for in this act in order that the commission may maintain an 21 accurate and timely effective data base of the official text of the laws 22 of the state of New York in furtherance of effectuating the provisions 23 of section 44 of the legislative law and section 70-b of the public 24 officers law.
