Bill Text: NY S00619 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2014-05-05 - DEFEATED IN ELECTIONS [S00619 Detail]
Download: New_York-2013-S00619-Introduced.html
Bill Title: Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2014-05-05 - DEFEATED IN ELECTIONS [S00619 Detail]
Download: New_York-2013-S00619-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 619 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, DILAN, HASSELL-THOMPSON, KENNEDY, MONTGOMERY, PERALTA, PERKINS, SERRANO, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to enacting the "voter empowerment act of New York" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "voter empowerment act of New York". 3 S 2. The election law is amended by adding a new section 5-200 to read 4 as follows: 5 S 5-200. AUTOMATED VOTER REGISTRATION. 1. NOTWITHSTANDING ANY OTHER 6 MANNER OF REGISTRATION REQUIRED BY THIS ARTICLE, EACH PERSON IN THE 7 STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL 8 BE AUTOMATICALLY REGISTERED TO VOTE AS PROVIDED IN THIS SECTION, 9 PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION. 10 2. THE STATE BOARD OF ELECTIONS OR COUNTY BOARD OF ELECTIONS SHALL 11 REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE 12 STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE WHO 13 CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING: 14 (A) COMPLETES AN APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE, 15 NON-DRIVER IDENTIFICATION CARD, PRE-LICENSING COURSE CERTIFICATE, 16 LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART- 17 MENT OF MOTOR VEHICLES, OR NOTIFIES SUCH DEPARTMENT IN WRITING OF A 18 CHANGE OF HIS OR HER NAME OR ADDRESS; 19 (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION 20 FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN- 21 CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01374-01-3 S. 619 2 1 (C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR RECERTIFICATION 2 FOR SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY 3 MUNICIPAL HOUSING AUTHORITY AS SET FORTH IN ARTICLE THIRTEEN OF THE 4 PUBLIC HOUSING LAW; 5 (D) IS ADMITTED AT INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK 6 AND THE CITY UNIVERSITY OF NEW YORK; 7 (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM 8 PAROLE; 9 (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE; OR 10 (G) COMPLETES AN APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY 11 DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION 12 THREE OF THIS SECTION. 13 3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI- 14 CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS 15 TITLE, THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW 16 YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN OF THE 17 PUBLIC HOUSING LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- 18 VISION, THE DEPARTMENT OF LABOR, AND ANY AGENCY DESIGNATED BY THE STATE 19 BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. 20 (B) THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN- 21 CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN- 22 CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER: 23 (I) THE LIKELIHOOD THAT SOURCE RECORDS REFLECT A LARGE NUMBER OF 24 ELIGIBLE CITIZENS; 25 (II) THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO 26 WOULD NOT OTHERWISE BE REGISTERED UNDER THE ACT TO MODERNIZE VOTER 27 REGISTRATION; 28 (III) THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS; 29 AND 30 (IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION OFFICIAL 31 AS REASONABLY RELATED TO ACCOMPLISHING THE PURPOSES OF THE ACT TO 32 MODERNIZE VOTER REGISTRATION. 33 4. THE STATE BOARD OF ELECTIONS AND THE SOURCE AGENCIES SHALL ENTER 34 INTO AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION 35 TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO THE 36 STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT 37 THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST: 38 (A) GIVEN NAME OR NAMES AND SURNAME OR SURNAMES; 39 (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS; 40 (C) DATE OF BIRTH; 41 (D) CITIZENSHIP; 42 (E) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST 43 FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE FOR THE 44 PERSON TO INDICATE THAT HE OR SHE DOES NOT HAVE ANY SUCH NUMBER; 45 (F) POLITICAL PARTY ENROLLMENT, IF ANY; 46 (G) AN INDICATION THAT THE PERSON INTENDS TO APPLY FOR AN ABSENTEE 47 BALLOT, IF ANY; AND 48 (H) AN IMAGE OF THE PERSON'S SIGNATURE. 49 5. THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE 50 AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT- 51 TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA- 52 TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION, ADDITIONAL 53 INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI- 54 TATING VOTER REGISTRATION, THE FREQUENCY OF DATA TRANSMISSIONS, THE 55 PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE SECURITY S. 619 3 1 AND PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES- 2 SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION. 3 6. EACH SOURCE AGENCY SHALL COOPERATE WITH THE STATE BOARD OF 4 ELECTIONS AND COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS- 5 TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND 6 TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH SUCH 7 PERSON TO VOTE OR TO UPDATE EACH SUCH PERSON'S VOTER REGISTRATION 8 RECORD. 9 S 3. Subdivisions 1, 3 and 6 of section 5-208 of the election law, 10 subdivision 1 as amended by chapter 200 of the laws of 1996, and subdi- 11 visions 3 and 6 as added by chapter 659 of the laws of 1994, are amended 12 to read as follows: 13 1. The board of elections shall transfer the registration and enroll- 14 ment of any voter for whom it receives a notice of change of address to 15 another address in the [same county or city] STATE, or for any voter who 16 [casts] SUBMITS a ballot in an affidavit ballot envelope which sets 17 forth such a new address. Such notices shall include, but not be limit- 18 ed to, notices received from any state agency which conducts a voter 19 registration program pursuant to the provisions of sections 5-211 and 20 5-212 of this title OR WHICH TRANSMIT INFORMATION, that the voter has 21 notified such agency of a change of address in the [same city or county] 22 STATE unless the voter has indicated that such change of address is not 23 for voter registration purposes, notices of change of address from the 24 United States Postal Service through the National Change of Address 25 System, any notices of a forwarding address on mail sent to a voter by 26 the board of elections and returned by the postal service, national or 27 state voter registration forms, confirmation mailing response cards, 28 United States Postal Service notices to correspondents of change of 29 address, applications for registration from persons already registered 30 in such county or city, or any other notices to correspondents sent to 31 the board of elections by such voters. 32 3. If such a notice is received at least [twenty] TEN days before a 33 primary, special or general election, such change of address must be 34 completed before such election. IF SUCH A NOTICE IS NOT RECEIVED AT 35 LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR GENERAL ELECTION, THEN A 36 VOTER MAY VOTE IN ACCORDANCE WITH SUBDIVISION THREE-D OF SECTION 8-302 37 OF THIS CHAPTER. 38 6. If a notice sent pursuant to [subdivision five of] this section is 39 returned [by the postal service] as undeliverable and without a forward- 40 ing address, the board of elections shall return the registration of 41 such voter to the original address, send such voter a confirmation 42 notice pursuant to the provisions of subdivision one of section 5-712 of 43 this [title] ARTICLE and place such voter in inactive status. 44 S 4. Subdivision 1 of section 4-117 of the election law, as amended by 45 chapter 288 of the laws of 2009, is amended to read as follows: 46 1. The board of elections, between August first and August fifth of 47 each year, shall send by first class mail on which is endorsed "ADDRESS 48 CORRECTION REQUESTED" and which contains a request that any such mail 49 received for persons not residing at the address be dropped back in the 50 mail, a communication, in a form approved by the state board of 51 elections, to every registered voter who has been registered without a 52 change of address since the beginning of such year, except that the 53 board of elections shall not be required to send such communications to 54 voters in inactive status. The communication shall notify the voter of 55 the days and hours of the ensuing primary and general elections, the 56 place where he appears by his registration records to be entitled to S. 619 4 1 vote, the fact that voters who have moved or will have moved from the 2 address where they were last registered must [re-register or, that if 3 such move was to another address in the same county or city, that such 4 voter may] either notify the board of elections of his new address or 5 vote by paper ballot at the polling place for his new address even if 6 such voter has not re-registered, or otherwise notified the board of 7 elections of the change of address. If the location of the polling place 8 for the voter's election district has been moved, the communication 9 shall contain the following legend in bold type: "YOUR POLLING PLACE HAS 10 BEEN CHANGED. YOU NOW VOTE AT..........". The communication shall also 11 indicate whether the polling place is accessible to physically disabled 12 voters, that a voter who will be out of the city or county on the day of 13 the primary or general election or a voter who is ill or physically 14 disabled may obtain an absentee ballot, that a physically disabled voter 15 whose polling place is not accessible may request that his registration 16 record be moved to an election district which has a polling place which 17 is accessible, the phone number to call for applications to move a 18 registration record or for absentee ballot applications, the phone 19 number to call for the location of registration and polling places, the 20 phone number to call to indicate that the voter is willing to serve on 21 election day as an election inspector, poll clerk, interpreter or in 22 other capacities, the phone number to call to obtain an application for 23 registration by mail, and such other information concerning the 24 elections or registration as the board may include. In lieu of sending 25 such communication to every registered voter, the board of elections may 26 send a single communication to a household containing more than one 27 registered voter, provided that the names of all such voters appear as 28 part of the address on such communication. 29 S 5. Paragraph (a) of subdivision 1 of section 5-400 of the election 30 law, as amended by chapter 659 of the laws of 1994, is amended to read 31 as follows: 32 (a) Moved his OR HER residence outside the [city or county in which he 33 is registered] STATE. 34 S 6. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of 35 the election law, paragraphs (b) and (d) as added by section 20 and 36 paragraph (c) as added and paragraph (d) as relettered by section 22 of 37 chapter 659 of the laws of 1994, are amended to read as follows: 38 (b) A notice that the registrant has moved to an address outside the 39 [city or county] STATE which is signed by the registrant and sent to the 40 board of elections. 41 (c) A notice signed by the registrant which states that such regis- 42 trant has moved to an address outside the [city or county] STATE and 43 that such change of address is for voter registration purposes. 44 (d) A notice from a board of elections or other voter registration 45 officer or agency that such person has registered to vote from an 46 address outside [such city or county] THE STATE. 47 S 7. Subdivision 3 of section 5-210 of the election law, as amended by 48 chapter 179 of the laws of 2005, is amended to read as follows: 49 3. Completed application forms, when received by any county board of 50 elections and, with respect to application forms promulgated by the 51 federal election commission, when received by the state board of 52 elections, or showing a dated cancellation mark of the United States 53 Postal Service or contained in an envelope showing such a dated cancel- 54 lation mark which is not later than the [twenty-fifth] TENTH day before 55 the next ensuing primary, general or special election, and received no 56 later than the [twentieth] FIFTH day before such election, or delivered S. 619 5 1 in person to such county board of elections not later than the tenth day 2 before a special election, shall entitle the applicant to vote in such 3 election, if he or she is otherwise qualified, provided, however, such 4 applicant shall not vote on a voting machine until his or her identity 5 is verified. Any county board of elections receiving an application form 6 from a person who does not reside in its jurisdiction but who does 7 reside elsewhere in the state of New York, shall forthwith forward such 8 application form to the proper county board of elections. Each board of 9 elections shall make an entry on each such form of the date it is 10 received by such board. 11 S 8. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the 12 election law, as amended by chapter 179 of the laws of 2005, subpara- 13 graph (xii) of paragraph (k) as added by chapter 362 of the laws of 14 2008, are amended and a new paragraph (n) is added to read as follows: 15 (g) Notice that the applicant must be a citizen of the United States, 16 is [or will be at least eighteen years old not later than December thir- 17 ty-first of the calendar year in which he or she registers] AT LEAST 18 SIXTEEN YEARS OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO 19 VOTE and a resident of the county or city to which application is made. 20 (k) The form shall also include space for the following information, 21 which must be contained on the inside of the form after it is folded for 22 mailing: 23 (i) A space for the applicant to indicate whether or not he or she has 24 ever voted or registered to vote before and, if so, the approximate year 25 in which such applicant last voted or registered and his or her name and 26 address at the time. 27 (ii) The name and residence address of the applicant including the zip 28 code and apartment number, if any. 29 (iii) The date of birth of the applicant. 30 (iv) A space for the applicant to indicate his or her driver's license 31 or department of motor vehicles non-driver photo ID number or the last 32 four digits of his or her social security number or, if the applicant 33 does not have either such number, a space for the applicant to indicate 34 he or she does not have either. 35 (v) A space for the applicant to indicate whether or not he or she is 36 a citizen of the United States and the statement "If you checked "no" in 37 response to this question, do not complete this form." 38 (vi) [A space for the applicant to answer the question "Will you be 18 39 years of age on or before election day?" and the statement "If you 40 checked "no" in response to this question, do not complete this form 41 unless you will be 18 by the end of the year." 42 (vii)] A statement informing the applicant that if the form is submit- 43 ted by mail and the applicant is registering for the first time, certain 44 information or documents must be submitted with the mail-in registration 45 form in order to avoid additional identification requirements upon 46 voting for the first time. Such information and documents are: 47 (A) a driver's license or department of motor vehicles non-driver 48 photo ID number; or 49 (B) the last four digits of the individual's social security number; 50 or 51 (C) a copy of a current and valid photo identification; or 52 (D) a copy of a current utility bill, bank statement, government 53 check, paycheck or other government document that shows the name and 54 address of the voter. 55 [(viii)] (VII) The gender of the applicant (optional). S. 619 6 1 [(ix)] (VIII) A space for the applicant to indicate his or her choice 2 of party enrollment, with a clear alternative provided for the applicant 3 to decline to affiliate with any party. 4 [(x)] (IX) The telephone number of the applicant (optional). 5 [(xi)] (X) A place for the applicant to execute the form on a line 6 which is clearly labeled "signature of applicant" preceded by the 7 following specific form of affirmation: 8 AFFIDAVIT: I swear or affirm that: 9 * I am a citizen of the United States. 10 * I will have lived in the county, city, or village for at least 30 11 days before the election. 12 * I meet all the requirements to register to vote in New York 13 State. 14 * This is my signature or mark on the line below. 15 * All the information contained on this application is true. I 16 understand that if it is not true I can be convicted and fined up 17 to $5,000 and/or jailed for up to four years. 18 which form of affirmation shall be followed by a space for the date and 19 the aforementioned line for the applicant's signature. 20 [(xii)] (XI) A space for the applicant to register in the New York 21 state donate life registry for organ and tissue donations established 22 pursuant to section forty-three hundred ten of the public health law. 23 (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN 24 SOURCE AGENCIES AND THE STATE OR COUNTY BOARDS OF ELECTIONS ARE NOT 25 REQUIRED TO INCLUDE THE COLLECTION OR TRANSMISSION OF THE INFORMATION 26 REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR (XI) OF 27 PARAGRAPH (K) OF THIS SUBDIVISION, AND NO BOARD OF ELECTION SHALL REFUSE 28 TO REGISTER TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN 29 THE STATE WHOSE INFORMATION IS TRANSMITTED PURSUANT TO SECTION 5-200 OF 30 THIS TITLE FOR THE REASON THAT SUCH INFORMATION DOES NOT INCLUDE THE 31 INFORMATION REQUESTED BY PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), 32 (VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION. 33 S 9. Subdivisions 9, 11 and 14 of section 5-210 of the election law, 34 as amended by chapter 179 of the laws of 2005, are amended to read as 35 follows: 36 9. The county board of elections shall, promptly and in any event, not 37 later than twenty-one days after receipt by it of the application, veri- 38 fy the identity of the applicant, EXCEPT IF SUCH BOARD RECEIVES THE 39 APPLICATION WITHIN TWENTY-ONE DAYS OF A SPECIAL, PRIMARY OR GENERAL 40 ELECTION, THE BOARD SHALL VERIFY THE IDENTITY OF THE APPLICANT WITHIN 41 FIVE DAYS OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER. In order 42 to do so, the county board of elections shall utilize the information 43 provided in the application and shall attempt to verify such information 44 with the information provided by the department of motor vehicles, 45 social security administration and any other lawful available informa- 46 tion source. If the county board of elections is unable to verify the 47 identity of the applicant within twenty-one days of the receipt of the 48 application, it shall immediately take steps to confirm that the infor- 49 mation provided by the applicant was accurately utilized by such county 50 board of elections, was accurately verified with other information 51 sources and that no data entry error, or other similar type of error, 52 occurred. Following completion of the preceding steps, the county board 53 of elections shall mail (a) a notice of its approval, (b) a notice of 54 its approval which includes an indication that such board has not yet 55 been able to verify the identity of the applicant and a request for more 56 information so that such verification may be completed, or (c) a notice S. 619 7 1 of its rejection of the application to the applicant in a form approved 2 by the state board of elections. Notices of approval, notices of 3 approval with requests for more information or notices of rejection 4 shall be sent by nonforwardable first class or return postage guaranteed 5 mail on which is endorsed "ADDRESS CORRECTION REQUESTED" and which 6 contains a request that any such mail received for persons not residing 7 at the address be dropped back in the mail. The voter's registration and 8 enrollment shall be complete upon receipt of the application by the 9 appropriate county board of elections. The failure of a county board of 10 elections to verify an applicant's identity shall not be the basis for 11 the rejection of a voter's application, provided, however, that such 12 verification failure shall be the basis for requiring county board of 13 elections to take the additional verification steps provided by this 14 chapter. The notice shall also advise the registrant of the date when 15 his registration and enrollment is effective, of the date and the hours 16 of the next regularly scheduled primary or general election in which he 17 will be eligible to vote, of the location of the polling place of the 18 election district in which he is or will be a qualified voter, whether 19 such polling place is accessible to physically handicapped voters, an 20 indication that physically handicapped voters or voters who are ill or 21 voters who will be out of the city or county on the day of the primary 22 or general election, may obtain an absentee ballot and the phone number 23 to call for absentee ballot applications, the phone numbers to call for 24 location of polling places, to obtain registration forms and the phone 25 number to call to indicate that the voter is willing to serve on 26 election day as an inspector, poll clerk or interpreter. The notice of 27 approval, notice of approval with request for more information or notice 28 of rejection shall also advise the applicant to notify the board of 29 elections if there is any inaccuracy. The form of such mail notification 30 shall be prescribed by the state board of elections and shall contain 31 such other information and instructions as it may reasonably require to 32 carry out the purposes of this section. The request for more information 33 shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF 34 ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE 35 REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA- 36 TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such 37 notice is returned undelivered without a new address, the board shall 38 forthwith send such applicant a confirmation notice pursuant to the 39 provisions of section 5-712 of this article and place such applicant in 40 inactive status. The state board of elections shall prepare uniform 41 notices by this section as provided for in subdivision eight of section 42 3-102 of this chapter. 43 11. If the county board of elections suspects or believes that for any 44 reason the applicant is not entitled to registration and enrollment, it 45 shall make inquiry in reference thereto. If the board of elections shall 46 find that the applicant is not qualified to register and enroll, the 47 application shall be rejected and the applicant notified of such 48 rejection and the reason therefor, no later than ten days before the day 49 of the first primary or general election occurring at least [twenty- 50 five] TEN days after the filing of the application, EXCEPT THAT IF THE 51 APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE THE 52 DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTIFY 53 THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION. 54 14. Notwithstanding the entry by the county board of elections on the 55 registration poll record of the information contained on an application 56 form prescribed by this section, such entry shall not preclude the coun- S. 619 8 1 ty board of elections from subsequently rejecting the application if it 2 is not satisfied that the applicant is entitled to register and enroll 3 as provided by this section, provided that the applicant is notified of 4 such rejection and reasons therefor no later than ten days before the 5 day of the first primary or general election occurring at least [twen- 6 ty-five] TEN days after the filing of such application form, EXCEPT THAT 7 IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE 8 THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI- 9 FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION. 10 S 10. Subdivisions 11, 12 and 14 of section 5-211 of the election law, 11 subdivisions 11 and 14 as amended by chapter 200 of the laws of 1996 and 12 subdivision 12 as added by chapter 659 of the laws of 1994, are amended 13 and a new subdivision 18 is added to read as follows: 14 11. The participating agency shall transmit [the completed applica- 15 tions for registration and change of address forms] ALL INFORMATION 16 COLLECTED PURSUANT TO SECTION 5-200 OF THIS TITLE to the appropriate 17 board of elections not later than ten days after receipt except that all 18 such completed applications and forms received by the agency between the 19 [thirtieth] FIFTEENTH and [twenty-fifth] TENTH day before an election 20 shall be transmitted in such manner and at such time as to assure their 21 receipt by such board of elections not later than the [twentieth] FIFTH 22 day before such election. 23 12. [Completed application forms, when received] ALL INFORMATION 24 COLLECTED PURSUANT TO SECTION 5-200 OF THIS TITLE by a participating 25 agency not later than the [twenty-fifth] TENTH day before the next ensu- 26 ing primary, general or special election and transmitted by such agency 27 to the appropriate board of elections so that they are received by such 28 board not later than the [twentieth] FIFTH day before such election 29 shall entitle the applicant to vote in such election provided the board 30 determines that the applicant is otherwise qualified. 31 14. Applications shall be processed by the board of elections in the 32 manner prescribed by [section] SECTIONS 5-200 AND 5-210 of this title 33 or, if the applicant is already registered to vote from another address 34 in the county or city, in the manner prescribed by section 5-208 of this 35 title. The board shall send the appropriate notice of approval or 36 rejection as required by either subdivision nine of such section 5-210 37 or subdivision five of such section 5-208. 38 18. ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN 39 THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY STUDENTS 40 ELIGIBLE TO REGISTER OR PRE-REGISTER TO VOTE UNDER PARAGRAPH (G) OF 41 SUBDIVISION FIVE OF SECTION 5-210 OF THIS TITLE IN THE SAME MANNER AND 42 SUBJECT TO THE SAME PROVISIONS AND RULES AND REGULATIONS AS ALL OTHER 43 DESIGNATED AGENCIES UNDER THIS SECTION; EXCEPT THAT A COLLEGE, UNIVERSI- 44 TY OR PUBLIC SCHOOL DISTRICT THAT IS NOT OTHERWISE DESIGNATED AS A 45 SOURCE AGENCY PURSUANT TO SECTION 5-200 OF THIS TITLE SHALL NOT BE 46 REQUIRED TO COLLECT OR MAINTAIN FORMS CONTAINING A PERSON'S DECLINATION 47 TO REGISTER TO VOTE AS REQUIRED BY SUBDIVISION TEN OF THIS SECTION, OR 48 TO CONDUCT A STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION SEVEN- 49 TEEN OF THIS SECTION. 50 S 11. Subdivisions 6 and 7 of section 5-212 of the election law, 51 subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi- 52 sion 7 as added by chapter 659 of the laws of 1994, are amended to read 53 as follows: 54 6. The department of motor vehicles shall transmit [that portion of 55 the form which constitutes the completed application for registration or 56 change of address form] ALL INFORMATION COLLECTED PURSUANT TO SECTION S. 619 9 1 5-200 OF THIS TITLE to the appropriate board of elections not later than 2 ten days after receipt except that all such completed applications and 3 forms received by the department between the [thirtieth] FIFTEENTH and 4 [twenty-fifth] TENTH day before an election shall be transmitted in such 5 manner and at such time as to assure their receipt by such board of 6 elections not later than the [twentieth] FIFTH day before such election. 7 All transmittals shall include original signatures OR AN ELECTRONIC 8 IMAGE THEREOF AS REQUIRED BY SUBDIVISION FOUR OF SECTION 5-200 OF THIS 9 TITLE. 10 7. [Completed application forms received] ALL INFORMATION COLLECTED 11 PURSUANT TO SECTION 5-200 OF THIS TITLE by the department of motor vehi- 12 cles not later than the [twenty-fifth] TENTH day before the next ensuing 13 primary, general or special election and transmitted by such department 14 to the appropriate board of elections so that they are received not 15 later than the [twentieth] FIFTH day before such election shall entitle 16 the applicant to vote in such election provided the board determines 17 that the applicant is otherwise qualified. 18 S 12. Subdivision 3 of section 5-213 of the election law, as amended 19 by chapter 200 of the laws of 1996, is amended to read as follows: 20 3. The board of elections shall restore the registration of any such 21 voter to active status if such voter notifies the board of elections 22 that he resides at the address from which he is registered, or the board 23 finds that such voter has validly signed a designating or nominating 24 petition which states that he resides at such address, or if such voter 25 casts a ballot in an affidavit envelope which states that he resides at 26 such address, or if the board receives notice that such voter has voted 27 in an election conducted with registration lists prepared pursuant to 28 the provisions of section 5-612 of this article. If any such notifica- 29 tion or information is received [twenty] TEN days or more before a 30 primary, special or general election, the voter's name must be restored 31 to active status for such election. 32 S 13. Subdivision 3 of section 5-304 of the election law, as amended 33 by chapter 90 of the laws of 1991, is amended to read as follows: 34 3. A change of enrollment received by the board of elections, SHOWING 35 A DATED CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE OR 36 CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS DATED, 37 not later than the twenty-fifth day before the [general election shall 38 be deposited in a sealed enrollment box, which shall not be opened until 39 the first Tuesday following such general election. Such change of 40 enrollment shall be then removed and entered as provided in this arti- 41 cle] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION, AND RECEIVED NO 42 LATER THAN THE FIFTH DAY BEFORE SUCH ELECTION OR DELIVERED IN PERSON TO 43 SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE TENTH DAY BEFORE A 44 PRIMARY, GENERAL OR SPECIAL ELECTION, SHALL HAVE SUCH A CHANGE OF 45 ENROLLMENT EFFECTIVE FOR SUCH ELECTION. ENROLLMENT CHANGES SHALL BE 46 ENTERED AS PROVIDED IN THIS ARTICLE AND SHALL BE DEEMED TO TAKE EFFECT 47 ON THE TENTH DAY AFTER SUCH CHANGE OF ENROLLMENT IS RECEIVED BY THE 48 BOARD OF ELECTIONS OR IF THE CHANGE OF ENROLLMENT, OR THE ENVELOPE 49 CONTAINING IT, BEARS A DATED CANCELLATION MARK OF THE UNITED STATES 50 POSTAL SERVICE, SUCH CHANGE SHALL BE ENTERED AND SHALL BE DEEMED TO TAKE 51 EFFECT ON THE TENTH DAY AFTER THE DATE OF SUCH MARK, WHICHEVER IS EARLI- 52 ER; EXCEPT THAT NO CHANGE WILL TAKE EFFECT SOONER THAN THE FIFTH DAY 53 AFTER THE RECEIPT OF SUCH CHANGE OF ENROLLMENT BY THE BOARD OF 54 ELECTIONS. S. 619 10 1 S 14. The opening paragraph of paragraph (e) of subdivision 3 of 2 section 8-302 of the election law, as amended by chapter 125 of the laws 3 of 2011, is amended to read as follows: 4 Whenever a voter presents himself or herself and offers to cast a 5 ballot, and he or she claims to live in the election district in which 6 he or she seeks to vote but no registration poll record can be found for 7 him or her in the poll ledger or his or her name does not appear on the 8 computer generated registration list or his or her signature does not 9 appear next to his or her name on such computer generated registration 10 list or his or her registration poll record or the computer generated 11 registration list does not show him or her to be enrolled in the party 12 in which he or she claims to be enrolled AND THE VOTER IS NOT OTHERWISE 13 ELIGIBLE TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF 14 THIS SECTION, a poll clerk or election inspector shall consult a map, 15 street finder or other description of all of the polling places and 16 election districts within the political subdivision in which said 17 election district is located and if necessary, contact the board of 18 elections to obtain the relevant information and advise the voter of the 19 correct polling place and election district for the residence address 20 provided by the voter to such poll clerk or election inspector. There- 21 after, such voter shall be permitted to vote in said election district 22 only as hereinafter provided: 23 S 15. Section 8-302 of the election law is amended by adding a new 24 subdivision 3-d to read as follows: 25 3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND OR 26 WHOSE INFORMATION IS INCOMPLETE OR INCORRECT ON THE STATEWIDE VOTER 27 REGISTRATION LIST AND WHO AFFIRMS THAT HE OR SHE INTERACTED WITH A 28 SOURCE AGENCY LISTED IN SUBDIVISION THREE OF SECTION 5-200 OF THIS CHAP- 29 TER AND CONSENTED TO VOTER REGISTRATION SHALL BE PERMITTED TO CAST AN 30 AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT SHALL BE COUNTED IF AT THE POLL- 31 ING PLACE, THE PERSON PRESENTS PROOF OF IDENTITY AND EVIDENCE OF REGIS- 32 TERING TO VOTE OR PERFORMING ANY OF THE ACTIVITIES SPECIFIED IN SUBDIVI- 33 SION TWO OF SECTION 5-200 OF THIS CHAPTER, AND THERE IS NO AFFIRMATIVE 34 PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER TO VOTE OR THAT THE 35 PERSON DID NOT REGISTER OR PERFORM ANY OF THE ACTIVITIES SPECIFIED IN 36 SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER. 37 (A) A PERSON MAY SWEAR TO AND SUBSCRIBE AN AFFIDAVIT STATING THAT THE 38 PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY OF THE ACTIVITIES IN 39 SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER AND CONSENTED TO USE 40 AGENCY INFORMATION FOR VOTER REGISTRATION. THAT AFFIDAVIT SHALL BE 41 SUFFICIENT EVIDENCE OF REGISTERING TO VOTE OR PERFORMING ANY OF THE 42 ACTIVITIES SPECIFIED IN SUBDIVISION TWO OF SECTION 5-200 OF THIS CHAPTER 43 FOR THE PURPOSES OF THIS SECTION. 44 (B) A PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE AN 45 AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY PROOF OF 46 IDENTITY, BUT THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT 47 BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI- 48 CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION. NOTHING IN 49 THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF SUBDIVI- 50 SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE 51 NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION 52 INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY 53 THE FEDERAL HELP AMERICA VOTE ACT. 54 S 16. Subdivision 11 of section 5-614 of the election law, as added by 55 chapter 24 of the laws of 2005, is amended to read as follows: S. 619 11 1 11. The state board of elections shall establish a statewide voter 2 [hotline using information available through the statewide voter regis- 3 tration list for voters to obtain information regarding their voter] 4 registration INFORMATION SYSTEM AVAILABLE THROUGH A SECURE PUBLIC 5 WEBSITE ACCESSIBLE FROM THE WEBSITE OF THE STATE BOARD OF ELECTIONS AND 6 THROUGH A TOLL-FREE TELEPHONE NUMBER MAINTAINED BY THE STATE BOARD OF 7 ELECTIONS. THE INFORMATION SYSTEM SHALL: 8 A. ALLOW ANY VOTER: 9 (I) TO REVIEW THE VOTER REGISTRATION INFORMATION REPRESENTED ON THE 10 STATEWIDE VOTER REGISTRATION LIST FOR THAT VOTER; 11 (II) TO SUBMIT A CONFIDENTIAL REQUEST TO CORRECT OR UPDATE THE VOTER'S 12 VOTER REGISTRATION INFORMATION, WHICH SHALL BE SENT TO THE APPLICABLE 13 COUNTY BOARD OF ELECTIONS; AND 14 (III) TO DETERMINE THE LOCATION OF THE POLLING PLACE TO WHICH THE 15 VOTER IS ASSIGNED; 16 B. PROVIDE AN INTERFACE THAT ALLOWS ANY PERSON: 17 (I) TO DETERMINE THE LOCATION OF THE POLLING PLACE ASSOCIATED WITH ANY 18 RESIDENTIAL ADDRESS WITHIN THE STATE; AND 19 (II) TO DETERMINE WHETHER HE OR SHE IS REPRESENTED ON THE STATEWIDE 20 VOTER REGISTRATION LIST; AND 21 C. PROVIDE A SECURE WEBSITE INTERFACE THAT ALLOWS ANY ELIGIBLE CITIZEN 22 WHO IS NOT REPRESENTED ON THE STATEWIDE VOTER REGISTRATION LIST TO VIEW 23 THE NOTICES CONTAINED ON AN APPLICATION FORM UNDER SECTION 5-210 OF THIS 24 ARTICLE AND TO CONFIDENTIALLY SUBMIT, THROUGH THE INTERFACE, THE DATA 25 COLLECTED ON SUCH APPLICATION FORM TO THE STATE BOARD OF ELECTIONS. UPON 26 RECEIPT OF SUCH DATA, THE STATE BOARD OF ELECTIONS SHALL FORWARD THE 27 INFORMATION TO THE LOCAL BOARD OF ELECTIONS OF THE COUNTY OR CITY WHERE 28 THE CITIZEN RESIDES. SUCH DATA SHALL BE PROCESSED AS AN APPLICATION FORM 29 SUBMITTED BY MAIL PURSUANT TO SECTION 5-210 OF THIS ARTICLE, SUBJECT TO 30 THE REQUIREMENTS OF SECTION 303(B) OF THE HELP AMERICA VOTE ACT OF 2002 31 (42 U.S.C. S 15483(B)), EXCEPT THAT THE ABSENCE OF A WRITTEN SIGNATURE 32 SHALL NOT RENDER THE APPLICATION INCOMPLETE OR OTHERWISE PRECLUDE THE 33 REGISTRATION OF AN ELIGIBLE CITIZEN. 34 FOR ANY ELIGIBLE CITIZEN ATTEMPTING TO USE THE SYSTEM ESTABLISHED 35 UNDER THIS SUBDIVISION TO SUBMIT INFORMATION THAT WILL NOT BE PROCESSED 36 AS VALID FOR THE PROXIMATE ELECTION, THE SYSTEM MUST NOTIFY THE CITIZEN 37 AT THE TIME OF THE SUBMISSION THAT THE UPDATE WILL NOT TAKE EFFECT FOR 38 THE PROXIMATE ELECTION. IF THE CITIZEN IS ATTEMPTING TO USE THE SYSTEM 39 ESTABLISHED UNDER THIS SUBDIVISION TO CORRECT OR UPDATE VOTER REGISTRA- 40 TION INFORMATION UNDER THIS SECTION, THE SYSTEM MUST ALSO NOTIFY THE 41 CITIZEN THAT HE OR SHE MAY USE THE ELECTION-DAY PROCEDURE PROVIDED IN 42 SUBDIVISION THREE-D OF SECTION 8-302 OF THIS CHAPTER. 43 S 17. Subdivision 3 of section 8-510 of the election law, as amended 44 by chapter 43 of the laws of 1988, is amended to read as follows: 45 3. The inspectors shall place such completed report, and each court 46 order, if any, directing that a person be permitted to vote, AND EACH 47 AFFIDAVIT COMPLETED PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302 OF 48 THIS ARTICLE, inside a ledger of registration records or computer gener- 49 ated registration lists between the front cover, and the first registra- 50 tion record and then shall close and seal each ledger of registration 51 records or computer generated registration lists, affix their signature 52 to the seal, lock such ledger in the carrying case furnished for that 53 purpose and enclose the keys in a sealed package or seal such list in 54 the envelope provided for that purpose. 55 S 18. The election law is amended by adding a new section 17-138 to 56 read as follows: S. 619 12 1 S 17-138. DISCRIMINATION AND HARASSMENT. NO PERSON ACTING UNDER COLOR 2 OF ANY PROVISION OF LAW MAY HARASS OR DISCRIMINATE AGAINST OR ASSIST 3 OTHERS IN HARASSING OR DISCRIMINATING AGAINST ANY PERSON ON THE BASIS OF 4 THE INFORMATION SUPPLIED BY THE PERSON FOR VOTER REGISTRATION PURPOSES, 5 A PERSON'S DECLINATION TO REGISTER TO VOTE OR TO SUPPLY INFORMATION FOR 6 VOTER REGISTRATION PURPOSES, OR A PERSON'S ABSENCE FROM THE STATEWIDE 7 VOTER REGISTRATION LIST EXCEPT AS REQUIRED TO ADMINISTER ELECTIONS OR 8 ENFORCE ELECTION LAWS. 9 S 19. Subdivision 1 of section 3-220 of the election law, as amended 10 by chapter 104 of the laws of 2010, is amended to read as follows: 11 1. All registration records, certificates, lists, and inventories 12 referred to in, or required by, this chapter shall be public records and 13 open to public inspection under the immediate supervision of the board 14 of elections or its employees and subject to such reasonable regulations 15 as such board may impose, provided, however, that NO DATA TRANSMITTED 16 PURSUANT TO SECTION 5-200 OF THIS CHAPTER SHALL BE CONSIDERED A PUBLIC 17 RECORD AND OPEN TO PUBLIC INSPECTION SOLELY BY REASON OF ITS TRANS- 18 MISSION AND THAT THE FOLLOWING INFORMATION SHALL NOT BE RELEASED FOR 19 PUBLIC INSPECTION: 20 (A) ANY VOTER'S SIGNATURE; 21 (B) THE PERSONAL RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR 22 WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY; 23 (C) ANY PORTION OF a voter's driver's license number, [department of 24 motor vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social 25 security number and facsimile number [shall not be released for public 26 inspection]; 27 (D) ANY VOTER'S TELEPHONE NUMBER; AND 28 (E) ANY VOTER'S EMAIL ADDRESS. No such records shall be handled at 29 any time by any person other than a member of a registration board or 30 board of inspectors of elections or board of elections except as 31 provided by rules imposed by the board of elections. 32 S 20. Subdivision 4 of section 3-212 of the election law is amended by 33 adding two new paragraphs (c) and (d) to read as follows: 34 (C) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI- 35 SION, SHALL ALSO INCLUDE: 36 (1) THE NUMBER OF RECORDS THAT HAVE BEEN RECEIVED, TRANSMITTED, TRANS- 37 FERRED, UPDATED, OR CORRECTED PURSUANT TO SECTION 5-200 OF THIS CHAPTER, 38 BY SOURCE; 39 (2) THE NUMBER OF RECORDS RECEIVED UNDER SECTION 5-200 OF THIS CHAP- 40 TER, BY SOURCE, THAT DO NOT RELATE TO PERSONS IDENTIFIED AS ELIGIBLE TO 41 VOTE; 42 (3) THE NUMBER OF PERSONS WHO HAVE CONTACTED THE BOARD TO OPT OUT OF 43 VOTER REGISTRATION; 44 (4) THE NUMBER OF VOTERS WHO SUBMIT VOTER REGISTRATION FORMS AND/OR 45 REQUESTS TO UPDATE OR CORRECT VOTER REGISTRATION INFORMATION USING THE 46 SYSTEM DESCRIBED IN SECTION 5-614 OF THIS CHAPTER; AND 47 (5) THE NUMBER OF VOTERS WHO CORRECT VOTER REGISTRATION INFORMATION 48 USING THE ELECTION-DAY PROCEDURE DESCRIBED IN SECTION 8-302 OF THIS 49 CHAPTER. 50 (D) SAID ANNUAL REPORT, AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI- 51 SION, SHALL EXCLUDE ANY INFORMATION THAT PERSONALLY IDENTIFIES ANY 52 PERSON OTHER THAN AN ELECTION OFFICIAL OR OTHER GOVERNMENT OFFICIAL. 53 S 21. Section 17-104 of the election law is amended to read as 54 follows: 55 S 17-104. False registration. 1. Any person who: S. 619 13 1 [1.] (A) Registers or attempts to register as an elector in more than 2 one election district for the same election, or more than once in the 3 same election district; or, 4 [2.] (B) Registers or attempts to register as an elector, knowing that 5 he will not be a qualified voter in the district at the election for 6 which such registration is made; or 7 [3.] (C) Registers or attempts to register as an elector under any 8 name but his OR HER own; or 9 [4.] (D) Knowingly gives a false residence within the election 10 district when registering as an elector; or 11 [5.] (E) Knowingly permits, aids, assists, abets, procures, commands 12 or advises another to commit any such act, is guilty of a felony. 13 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, NO PERSON 14 SHALL BE LIABLE FOR AN ERROR IN THE STATEWIDE VOTER REGISTRATION LIST 15 UNLESS SUCH PERSON KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT IN 16 ORDER TO EFFECTUATE OR PERPETUATE VOTER REGISTRATION. AN ERROR IN THE 17 STATEWIDE VOTER REGISTRATION LIST SHALL NOT CONSTITUTE A FRAUDULENT OR 18 FALSE CLAIM TO CITIZENSHIP. 19 S 22. Subdivision 17 of section 3-102 of the election law, as renum- 20 bered by chapter 23 of the laws of 2005, is renumbered subdivision 21 21 and four new subdivisions 17, 18, 19 and 20 are added to read as 22 follows: 23 17. ENSURE THAT, UPON RECEIPT AND VERIFICATION OF A PERSON'S EXPRESS 24 REQUEST TO OPT OUT OF VOTER REGISTRATION, THE PERSON'S NAME AND REGIS- 25 TRATION RECORD WILL NOT BE ADDED TO THE COUNTY OR STATEWIDE VOTER REGIS- 26 TRATION LISTS; 27 18. ENSURE THAT ELECTION OFFICIALS SHALL NOT PROVIDE THE RECORD OF ANY 28 PERSON WHO HAS OPTED OUT OF VOTER REGISTRATION, IN WHOLE OR IN PART, TO 29 ANY THIRD PARTY FOR ANY PURPOSE OTHER THAN THE COMPILATION OF A JURY 30 LIST; 31 19. PUBLISH AND ENFORCE A PRIVACY AND SECURITY POLICY SPECIFYING EACH 32 CLASS OF USERS WHO SHALL HAVE AUTHORIZED ACCESS TO THE STATEWIDE VOTER 33 REGISTRATION LIST, PREVENTING UNAUTHORIZED ACCESS TO THE STATEWIDE VOTER 34 REGISTRATION LIST AND TO ANY LIST PROVIDED BY A SOURCE AGENCY OR LIST 35 MAINTENANCE SOURCE, AND SETTING FORTH OTHER SAFEGUARDS TO PROTECT THE 36 PRIVACY AND SECURITY OF THE INFORMATION ON THE STATEWIDE VOTER REGISTRA- 37 TION LIST; 38 20. PROMULGATE RULES REGARDING THE NOTIFICATION OF VOTERS OF TRANSFER 39 OF ADDRESS BY ELECTRONIC MAIL; AND 40 S 23. This act shall take effect January 1, 2014; provided, however, 41 effective immediately, any rules, regulations and agreements necessary 42 to implement the provisions of this act on its effective date are 43 authorized and directed to be completed on or before such date.