Bill Text: NY S01369 | 2017-2018 | General Assembly | Introduced


Bill Title: Establishes automatic voter registration through the department of motor vehicles; provides for voter pre-registration and education on voter pre-registration for certain persons who are at least sixteen years of age.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2018-01-03 - REFERRED TO ELECTIONS [S01369 Detail]

Download: New_York-2017-S01369-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1369
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by Sen. CARLUCCI -- 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 establishing  automatic
          voter registration and voter pre-registration
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1, 14 and 15 of section 5-212 of the  election
     2  law, as added by chapter 659 of the laws of 1994, are amended to read as
     3  follows:
     4    1.  In addition to any other method of voter registration provided for
     5  in this article, any qualified person may  apply  for  registration  and
     6  enrollment either by application made simultaneously and integrated with
     7  an  application for a motor vehicle driver's license, a driver's license
     8  renewal or an identification card if  such  a  card  is  issued  by  the
     9  department  of motor vehicles in its normal course of business or by the
    10  department  of  motor  vehicles  providing  the  appropriate  board   of
    11  elections  with electronic records of each person who qualifies to vote,
    12  pursuant to subdivision twelve-a of this section.
    13    14. The state board shall develop and  distribute  public  information
    14  and promotional materials relating to the purposes and implementation of
    15  [this program] these programs.
    16    15.  The state board shall prepare and distribute to the department of
    17  motor vehicles written instructions as to  the  implementation  of  [the
    18  program] these programs and shall be responsible for establishing train-
    19  ing  programs for employees of the department of motor vehicles involved
    20  in such [program] programs.
    21    § 2. Section 5-212 of the election law is  amended  by  adding  a  new
    22  subdivision 12-a to read as follows:
    23    12-a.  In  addition  to completing an application for registration and
    24  enrollment by application, a person may also be registered  to  vote  in
    25  the following manner:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02011-01-7

        S. 1369                             2
     1    (a)  The  department  of  motor vehicles shall establish a schedule by
     2  which it provides to the state board  of  elections  electronic  records
     3  containing  the  legal  name, age, residence and citizenship information
     4  for, and the electronic signature of, each person who  is  qualified  to
     5  vote under section 5-102 of this article.
     6    (b) Upon receiving the electronic record for, and electronic signature
     7  of,  a  person described in paragraph (a) of this subdivision, the state
     8  board of elections shall provide  the  information  to  the  appropriate
     9  county  board  of  elections  in which the person may be registered as a
    10  voter. The appropriate county board of elections shall send each  person
    11  a notification directing him or her to:
    12    (i) decline being registered as a voter; or
    13    (ii) adopt a political party affiliation.
    14    (c)  If a person notified under paragraph (b) of this subdivision does
    15  not decline to be registered as a voter within twenty-one calendar  days
    16  after  the  county  board  of  elections  issues  the  notification, the
    17  person's electronic record  and  electronic  signature  submitted  under
    18  paragraph  (a) of this subdivision will constitute a completed registra-
    19  tion application for the person for  purposes  of  this  section.    The
    20  person  shall  be  registered  to  vote if the county board of elections
    21  determines that the person is qualified  to  vote  pursuant  to  section
    22  5-102 of this article, and the person is not already registered to vote.
    23    (d)  A county board of elections may not send a ballot to, or add to a
    24  voter registration list, a person  who  meets  eligibility  requirements
    25  until  at  least  twenty-one  calendar  days  after  the county board of
    26  elections provided notification to the person as described in  paragraph
    27  (b) of this subdivision.
    28    §  3.    Paragraph o of subdivision 4 of section 5-500 of the election
    29  law, as amended by chapter 659 of the laws of 1994, is amended and a new
    30  paragraph p is added to read as follows:
    31    o. A space for "remarks" regarding other facts required by this  chap-
    32  ter to be recorded or appropriate to identify the voter[.];
    33    p.  A space for pre-registering applicants to respond to the following
    34  question: "Are you at least 16 years of age and understand that you must
    35  be 18 years of age on or before election day to vote, and that until you
    36  reach the age of 18 your registration will be marked  as  'pending'  and
    37  you will be unable to cast a ballot in any election?".
    38    § 4. The election law is amended by adding a new section 5-507 to read
    39  as follows:
    40    §  5-507.  Voter pre-registration and education on voter pre-registra-
    41  tion. 1. Pre-registration.  A person who is at least  sixteen  years  of
    42  age  and who is otherwise qualified to register to vote may pre-register
    43  to vote, and shall be automatically registered upon reaching the age  of
    44  eligibility,  following  verification of the person's qualifications and
    45  address.
    46    2. Encouragement of student voter registration  and  pre-registration.
    47  Local  boards  of  education  are  required to adopt policies to promote
    48  student voter registration  and  pre-registration.  These  policies  may
    49  include  collaboration  with county boards of elections to conduct voter
    50  registration  and  pre-registration  in  high  schools.  Completion  and
    51  submission  of voter registration or pre-registration forms shall not be
    52  a course requirement or graded assignment for students.
    53    § 5. This act shall take effect immediately;  provided,  however  that
    54  section  one of this act shall take effect on the ninetieth day after it
    55  shall have become a law; and section two of this act shall  take  effect
    56  on  the first of January next succeeding the date on which it shall have

        S. 1369                             3
     1  become a law. Effective immediately, the commissioner of motor  vehicles
     2  and  the  commissioners of the state board of elections shall promulgate
     3  rules  and  regulations  necessary  or  appropriate  to  carry  out  the
     4  provisions of this act.
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