Bill Text: NY S03304 | 2017-2018 | General Assembly | Amended


Bill Title: Enacts the "voter empowerment act of New York" to streamline the process for registering to vote.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced) 2018-06-04 - REPORTED AND COMMITTED TO RULES [S03304 Detail]

Download: New_York-2017-S03304-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3304--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced by Sens. GIANARIS, ADDABBO, ALCANTARA, AVELLA, BAILEY, BENJA-
          MIN,  BROOKS,  COMRIE,  DILAN,  HAMILTON,  HOYLMAN, KAMINSKY, KENNEDY,
          KRUEGER,  MONTGOMERY,  PARKER,  PERALTA,  RIVERA,  SERRANO,  STAVISKY,
          STEWART-COUSINS -- read twice and ordered printed, and when printed to
          be  committed  to  the  Committee  on  Elections -- recommitted to the
          Committee on Elections in accordance with Senate Rule  6,  sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        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    §  2.  Section  5-104  of  the election law is amended by adding a new
     4  subdivision 3 to read as follows:
     5    3. The provisions set forth in subdivision one of this section regard-
     6  ing the right of students to register and vote shall be interpreted in a
     7  manner consistent with the constitutional requirement that each  citizen
     8  must  be  permitted to vote in that community which is the "locus of ...
     9  primary concern" to that citizen at the time of the election. According-
    10  ly, a student attending a college or university in this state  shall  be
    11  permitted to retain his or her parental residence for voting purposes if
    12  the  parental  community  remains  the  locus  of  the student's primary
    13  concern or, in the alternative, a student shall be permitted to register
    14  and vote from his or her residence  within  the  college  or  university
    15  community if he or she regards the college or university as the communi-
    16  ty of primary concern.
    17    § 3. The election law is amended by adding a new section 5-200 to read
    18  as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03066-02-7

        S. 3304--A                          2
     1    §  5-200.  Automatic  voter registration. 1. Notwithstanding any other
     2  manner of registration required by this  article,  each  person  in  the
     3  state qualified to vote pursuant to section 5-102 of this article, shall
     4  be  automatically  registered  to  vote  as  provided  in  this section,
     5  provided  that the person does not elect to decline registration to vote
     6  at the point of service.
     7    2. The state board of elections or county  board  of  elections  shall
     8  register  to vote or update the registration record of any person in the
     9  state qualified to vote pursuant to section 5-102 of  this  article  who
    10  does  not  elect to decline registration to vote or update the registra-
    11  tion record at the point of service and does any of the following:
    12    (a) completes an application for a new or  renewed  driver's  license,
    13  non-driver   identification   card,  pre-licensing  course  certificate,
    14  learner's permit or certification of supervised driving with the depart-
    15  ment of motor vehicles, or notifies such  department  in  writing  of  a
    16  change of his or her name or address;
    17    (b)  completes an application for services, renewal or recertification
    18  for services, or change of address relating to such services from  agen-
    19  cies designated in section 5-211 of this title;
    20    (c)  completes an application for services, renewal or recertification
    21  for services, or change of address relating to such  services  from  any
    22  municipal  housing  authority  as  set  forth in article thirteen of the
    23  public housing law;
    24    (d) registers for classes at institutions of the state  university  of
    25  New York and the city university of New York;
    26    (e) completes a maximum sentence of imprisonment or is discharged from
    27  parole;
    28    (f) completes an application for unemployment insurance;
    29    (g)  becomes a member or employee of the New York division of military
    30  and naval affairs; or
    31    (h) completes an application with any other state  or  federal  agency
    32  designated  as  a source agency pursuant to paragraph (b) of subdivision
    33  three of this section.
    34    3. (a) The term "source agency" includes the department of motor vehi-
    35  cles, any government agency designated pursuant to section 5-211 of this
    36  title, the state university of New York and the city university  of  New
    37  York,  all  public housing authorities listed in article thirteen of the
    38  public housing law, the department of corrections and  community  super-
    39  vision,  the  department of labor, the New York division of military and
    40  naval affairs and any agency designated by the state board of  elections
    41  pursuant to paragraph (b) of this subdivision.
    42    (b)  The state board of elections may designate additional state agen-
    43  cies to serve as sources for voter registration. In designating an agen-
    44  cy under this paragraph, the state board of elections shall consider:
    45    (i) the likelihood that source  records  reflect  a  large  number  of
    46  eligible citizens;
    47    (ii)  the extent to which source records reflect eligible citizens who
    48  would not otherwise be registered  under  the  act  to  modernize  voter
    49  registration;
    50    (iii)  the accuracy of personal identification data in source records;
    51  and
    52    (iv) any additional factors designated by the chief election  official
    53  as  reasonably  related  to  accomplishing  the  purposes  of the act to
    54  modernize voter registration.
    55    4. The state board of elections and the source  agencies  shall  enter
    56  into  agreements to ensure that for each person described in subdivision

        S. 3304--A                          3
     1  two of this section, each source agency electronically transmits to  the
     2  state or local boards of elections the following information in a format
     3  that can be read by the computerized statewide voter registration list:
     4    (a) given name or names and surname or surnames;
     5    (b) mailing address and residential address;
     6    (c) date of birth;
     7    (d) citizenship;
     8    (e)  driver's  license  or non-driver identification card number, last
     9  four digits of the person's social security number, or a space  for  the
    10  person to indicate that he or she does not have any such number;
    11    (f) political party enrollment, if any;
    12    (g)  an  indication  that  the person intends to apply for an absentee
    13  ballot, if any; and
    14    (h) an image of the person's signature.
    15    In the event that any transmission of data pursuant  to  this  section
    16  fails to include an image of an individual's signature, the absence of a
    17  signature  shall  not  preclude the registration of an eligible citizen.
    18  The board of elections shall develop procedures to  enable  an  eligible
    19  citizen,  whose  information is transmitted pursuant to this section and
    20  whose information lacks an electronic signature, to provide a  signature
    21  at  the  polling  place  or  with  an application for an absentee ballot
    22  before voting. The board may require an elector who has not  provided  a
    23  signature before arriving at the polling place or submitting an absentee
    24  ballot  to present a current and valid photo identification or a copy of
    25  a current utility bill, bank statement, government check,  paycheck,  or
    26  other government document that shows the name and address of the voter.
    27    5.  If an agency does not routinely request information concerning the
    28  citizenship status of individuals, it shall maintain records  sufficient
    29  to transmit to the board of elections indications of United States citi-
    30  zenship  for  each  person described in subdivision two of this section,
    31  but shall not retain, use, or share any such information relating to  an
    32  individual's citizenship for any other purpose.
    33    6.  Each  source  agency  shall  include  for each person described in
    34  subdivision two of this section a statement that  he  or  she  shall  be
    35  registered to vote, if he or she is not already so registered, provided,
    36  however,  that each source agency shall provide each person described in
    37  subdivision two of this section the  opportunity  to  elect  to  decline
    38  registration to vote at the point of service, and upon such election, he
    39  or  she  shall  not  be registered to vote pursuant to the procedures in
    40  this section at that time.
    41    7. The state board  of  elections  shall  prepare  and  distribute  to
    42  participating  agencies written instructions as to the implementation of
    43  the program and shall be responsible for establishing training  programs
    44  for  employees of source agencies listed in this section. Training shall
    45  include requirements that employees of any source agency communicate  to
    46  each  individual  identified in subdivision two of this section that the
    47  source agency maintains strict neutrality with  respect  to  a  person's
    48  party  enrollment  and  all persons seeking voter registration forms and
    49  information shall be advised that government  services  are  not  condi-
    50  tioned  on being registered to vote, or eligibility to register to vote.
    51  No statement shall be made nor any action taken to discourage the appli-
    52  cant from registering to vote.
    53    8. The agreements between the state board of elections and the  source
    54  agencies shall include the format in which information will be transmit-
    55  ted, whether and how each entity will collect, in addition to the manda-
    56  tory  information listed in subdivision four of this section, additional

        S. 3304--A                          4
     1  information on a voluntary basis from persons for the purpose of facili-
     2  tating voter registration, the  frequency  of  data  transmissions,  the
     3  procedures,  and other measures that will be used to ensure the security
     4  and  privacy of the information transmitted, and any other matter neces-
     5  sary or helpful to implement the requirements of this section.
     6    9. Each  source  agency  shall  cooperate  with  the  state  board  of
     7  elections  and  county board of elections to facilitate the voter regis-
     8  tration of each person described in subdivision two of this section, and
     9  to electronically transmit the information needed to register each  such
    10  person  to  vote  or  to  update  each  such person's voter registration
    11  record.
    12    10. Each source agency shall enter into an agreement  with  the  state
    13  board of elections finalizing the format and content of electronic tran-
    14  smissions  required  by  this section no later than September first, two
    15  thousand nineteen; provided, that each source agency shall  be  able  to
    16  comply  fully  with  all  requirements  of  this  section, including the
    17  collection and transmission of all data required to register individuals
    18  to vote, by January first, two thousand twenty.
    19    § 4. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
    20  vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
    21  as added by chapter 659 of the laws of 1994,  are  amended  to  read  as
    22  follows:
    23    1.  The board of elections shall transfer the registration and enroll-
    24  ment of any voter for whom it receives a notice of change of address  to
    25  another address in the [same county or city] state, or for any voter who
    26  [casts]  submits  a  ballot  in  an affidavit ballot envelope which sets
    27  forth such a new address.  Such notices shall include, but not be limit-
    28  ed to, notices received from any state agency  which  conducts  a  voter
    29  registration  program  pursuant  to the provisions of sections 5-211 and
    30  5-212 of this title or which transmit information, that  the  voter  has
    31  notified such agency of a change of address in the [same city or county]
    32  state  unless the voter has indicated that such change of address is not
    33  for voter registration purposes, notices of change of address  from  the
    34  United  States  Postal  Service  through  the National Change of Address
    35  System, any notices of a forwarding address on mail sent to a  voter  by
    36  the  board  of elections and returned by the postal service, national or
    37  state voter registration forms,  confirmation  mailing  response  cards,
    38  United  States  Postal  Service  notices  to correspondents of change of
    39  address, applications for registration from persons  already  registered
    40  [in such county or city], or any other notices to correspondents sent to
    41  the board of elections by such voters.
    42    6.  If a notice sent pursuant to [subdivision five of] this section is
    43  returned [by the postal service] as undeliverable and without a forward-
    44  ing address, the board of elections shall  return  the  registration  of
    45  such  voter  to  the  original  address,  send such voter a confirmation
    46  notice pursuant to the provisions of subdivision one of section 5-712 of
    47  this [title] article and place such voter in inactive status.
    48    § 5. Subdivision 3 of section 5-208 of the election law, as  added  by
    49  chapter 659 of the laws of 1994, is amended to read as follows:
    50    3.  If  such  a notice is received at least [twenty] ten days before a
    51  primary, special or general election, such change  of  address  must  be
    52  completed  before  such  election.  If  such a notice is not received at
    53  least ten days before a primary, special or  general  election,  then  a
    54  voter  may  vote in accordance with subdivision three-d of section 8-302
    55  of this chapter.

        S. 3304--A                          5
     1    § 6. Subdivision 1 of section 4-117 of the election law, as amended by
     2  chapter 44 of the laws of 2016, is amended to read as follows:
     3    1.  The  board  of elections, between August first and August fifth of
     4  each year, shall send by mail on which is endorsed such language  desig-
     5  nated  by  the  state board of elections to ensure postal authorities do
     6  not forward such mail but return it  to  the  board  of  elections  with
     7  forwarding  information,  when  it  cannot be delivered as addressed and
     8  which contains a request that any such mail  received  for  persons  not
     9  residing at the address be dropped back in the mail, a communication, in
    10  a  form  approved  by  the state board of elections, to every registered
    11  voter who has been registered without a  change  of  address  since  the
    12  beginning  of such year, except that the board of elections shall not be
    13  required to send such communications to voters in inactive  status.  The
    14  communication  shall notify the voter of the days and hours of the ensu-
    15  ing primary and general elections, the place where  he  appears  by  his
    16  registration  records  to  be entitled to vote, the fact that voters who
    17  have moved or will have moved from the  address  where  they  were  last
    18  registered  must  [re-register  or,  that  if  such  move was to another
    19  address in the same county or city, that such voter may]  either  notify
    20  the board of elections of his new address or vote by paper ballot at the
    21  polling  place  for his new address even if such voter has not re-regis-
    22  tered, or otherwise notified the board of elections  of  the  change  of
    23  address.  If  the location of the polling place for the voter's election
    24  district has been moved, the communication shall contain  the  following
    25  legend  in bold type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE
    26  AT..........".  The communication shall also indicate whether the  poll-
    27  ing  place is accessible to physically disabled voters, that a voter who
    28  will be out of the city or county on the day of the primary  or  general
    29  election  or  a  voter  who  is ill or physically disabled may obtain an
    30  absentee ballot, that a physically disabled voter whose polling place is
    31  not accessible may request that his registration record be moved  to  an
    32  election  district  which  has  a polling place which is accessible, the
    33  phone number to call for applications to move a registration  record  or
    34  for  absentee  ballot  applications,  the  phone  number to call for the
    35  location of registration and polling places, the phone number to call to
    36  indicate that the voter is willing  to  serve  on  election  day  as  an
    37  election  inspector, poll clerk, interpreter or in other capacities, the
    38  phone number to call to obtain an application for registration by  mail,
    39  and  such  other information concerning the elections or registration as
    40  the board may include. In lieu of sending such  communication  to  every
    41  registered voter, the board of elections may send a single communication
    42  to  a household containing more than one registered voter, provided that
    43  the names of all such voters appear as  part  of  the  address  on  such
    44  communication.
    45    §  7.  Paragraph (a) of subdivision 1 of section 5-400 of the election
    46  law, as amended by chapter 659 of the laws of 1994, is amended  to  read
    47  as follows:
    48    (a) Moved his or her residence outside the [city or county in which he
    49  is registered] state.
    50    §  8. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
    51  the election law, paragraphs (b) and (d) as  added  by  section  20  and
    52  paragraph  (c) as added and paragraph (d) as relettered by section 22 of
    53  chapter 659 of the laws of 1994, are amended to read as follows:
    54    (b) A notice that the registrant has moved to an address  outside  the
    55  [city or county] state which is signed by the registrant and sent to the
    56  board of elections.

        S. 3304--A                          6
     1    (c)  A  notice  signed by the registrant which states that such regis-
     2  trant has moved to an address outside the [city  or  county]  state  and
     3  that such change of address is for voter registration purposes.
     4    (d)  A  notice  from  a board of elections or other voter registration
     5  officer or agency that such  person  has  registered  to  vote  from  an
     6  address outside [such city or county] the state.
     7    § 9. Subdivision 3 of section 5-210 of the election law, as amended by
     8  chapter 255 of the laws of 2015, is amended to read as follows:
     9    3.  Completed  application  forms,  when  received  by  any  board  of
    10  elections and, with respect to  application  forms  promulgated  by  the
    11  federal  election  commission,  when  received  by  the  state  board of
    12  elections, or showing a dated cancellation mark  of  the  United  States
    13  Postal  Service or contained in an envelope showing such a dated cancel-
    14  lation mark which is not later than the [twenty-fifth] tenth day  before
    15  the  next  ensuing primary, general or special election, and received no
    16  later than the [twentieth] fifth day before such election, or  delivered
    17  in person to such board of elections not later than the tenth day before
    18  a  special  election,  shall  entitle  the  applicant  to  vote  in such
    19  election, if he or she is otherwise qualified, provided,  however,  such
    20  applicant  shall  not vote on a voting machine until his or her identity
    21  is verified. Any board of elections receiving an application form from a
    22  person who does not reside in its jurisdiction but who does reside else-
    23  where in the state of New York, shall forthwith forward such application
    24  form to the proper board of elections. Each  board  of  elections  shall
    25  make  an  entry  on  each  such  form of the date it is received by such
    26  board.
    27    § 10. Paragraphs (g) and (k) of subdivision 5 of section 5-210 of  the
    28  election  law,  as  amended by chapter 179 of the laws of 2005, subpara-
    29  graph (xii) of paragraph (k) as added by chapter  362  of  the  laws  of
    30  2008, are amended and a new paragraph (n) is added to read as follows:
    31    (g)  Notice that the applicant must be a citizen of the United States,
    32  is [or will be at least eighteen years old not later than December thir-
    33  ty-first of the calendar year in which he or  she  registers]  at  least
    34  sixteen  years  old when he or she submits an application to register to
    35  vote and a resident of the county or city to which application is made.
    36    (k) The form shall also include space for the  following  information,
    37  which must be contained on the inside of the form after it is folded for
    38  mailing:
    39    (i) A space for the applicant to indicate whether or not he or she has
    40  ever voted or registered to vote before and, if so, the approximate year
    41  in which such applicant last voted or registered and his or her name and
    42  address at the time.
    43    (ii) The name and residence address of the applicant including the zip
    44  code and apartment number, if any.
    45    (iii) The date of birth of the applicant.
    46    (iv) A space for the applicant to indicate his or her driver's license
    47  or  department  of motor vehicles non-driver photo ID number or the last
    48  four digits of his or her social security number or,  if  the  applicant
    49  does  not have either such number, a space for the applicant to indicate
    50  he or she does not have either.
    51    (v) A space for the applicant to indicate whether or not he or she  is
    52  a citizen of the United States and the statement "If you checked "no" in
    53  response to this question, do not complete this form."
    54    (vi) [A space for the applicant to answer the question "Will you be 18
    55  years  of  age  on  or  before  election day?" and the statement "If you

        S. 3304--A                          7

     1  checked "no" in response to this question, do  not  complete  this  form
     2  unless you will be 18 by the end of the year."
     3    (vii)] A statement informing the applicant that if the form is submit-
     4  ted by mail and the applicant is registering for the first time, certain
     5  information or documents must be submitted with the mail-in registration
     6  form  in  order  to  avoid  additional  identification requirements upon
     7  voting for the first time. Such information and documents are:
     8    (A) a driver's license or  department  of  motor  vehicles  non-driver
     9  photo ID number; or
    10    (B)  the  last four digits of the individual's social security number;
    11  or
    12    (C) a copy of a current and valid photo identification; or
    13    (D) a copy of a  current  utility  bill,  bank  statement,  government
    14  check,  paycheck  or  other  government document that shows the name and
    15  address of the voter.
    16    [(viii)] (vii) The gender of the applicant (optional).
    17    [(ix)] (viii) A space for the applicant to indicate his or her  choice
    18  of party enrollment, with a clear alternative provided for the applicant
    19  to decline to affiliate with any party.
    20    [(x)] (ix) The telephone number of the applicant (optional).
    21    [(xi)]  (x)  A  place  for the applicant to execute the form on a line
    22  which is clearly  labeled  "signature  of  applicant"  preceded  by  the
    23  following specific form of affirmation:
    24    AFFIDAVIT: I swear or affirm that:
    25       * I am a citizen of the United States.
    26       * I will have lived in the county, city, or village for at least 30
    27         days before the election.
    28       * I  meet  all  the  requirements  to  register to vote in New York
    29         State.
    30       * This is my signature or mark on the line below.
    31       * All the information contained on  this  application  is  true.  I
    32         understand that if it is not true I can be convicted and fined up
    33         to $5,000 and/or jailed for up to four years.
    34  which  form of affirmation shall be followed by a space for the date and
    35  the aforementioned line for the applicant's signature.
    36    [(xii)] (xi) A space for the applicant to register  in  the  New  York
    37  state  donate  life  registry for organ and tissue donations established
    38  pursuant to section forty-three hundred ten of the public health law.
    39    (xii) The email address of the applicant (optional).
    40    (n) Agreements adopted pursuant to section 5-200 of this title between
    41  source agencies and the state or county  boards  of  elections  are  not
    42  required  to  include  the collection or transmission of the information
    43  requested in paragraph (j) or subparagraph (i), (vii), (ix) or  (xi)  of
    44  paragraph (k) of this subdivision, and no board of election shall refuse
    45  to  register  to vote or update the registration record of any person in
    46  the state whose information is  transmitted pursuant to section 5-200 of
    47  this title for the reason that such information  does  not  include  the
    48  information  requested  by  paragraph  (j)  or  subparagraph (i), (vii),
    49  (viii), (ix) or (xi) of paragraph (k) of this subdivision.
    50    § 11. Subdivisions 9, 11 and 14 of section 5-210 of the election  law,
    51  subdivision  9 as amended by chapter 44 of the laws of 2016 and subdivi-
    52  sions 11 and 14 as amended by chapter 179  of  the  laws  of  2005,  are
    53  amended to read as follows:
    54    9. The county board of elections shall, promptly and in any event, not
    55  later than twenty-one days after receipt by it of the application, veri-
    56  fy  the  identity  of  the  applicant, except if such board receives the

        S. 3304--A                          8
     1  application within twenty-one days of  a  special,  primary  or  general
     2  election,  the  board  shall verify the identity of the applicant within
     3  five days or before such election, whichever shall be sooner.  In  order
     4  to  do  so,  the county board of elections shall utilize the information
     5  provided in the application and shall attempt to verify such information
     6  with the information provided  by  the  department  of  motor  vehicles,
     7  social  security  administration and any other lawful available informa-
     8  tion source. If the county board of elections is unable  to  verify  the
     9  identity  of  the applicant within twenty-one days of the receipt of the
    10  application, it shall immediately take steps to confirm that the  infor-
    11  mation  provided by the applicant was accurately utilized by such county
    12  board of elections,  was  accurately  verified  with  other  information
    13  sources  and  that  no data entry error, or other similar type of error,
    14  occurred. Following completion of the preceding steps, the county  board
    15  of  elections  shall  mail (a) a notice of its approval, (b) a notice of
    16  its approval which includes an indication that such board  has  not  yet
    17  been able to verify the identity of the applicant and a request for more
    18  information  so that such verification may be completed, or (c) a notice
    19  of its rejection of the application to the applicant in a form  approved
    20  by  the  state  board  of  elections.  Notices  of  approval, notices of
    21  approval with requests for more  information  or  notices  of  rejection
    22  shall be sent by nonforwardable first class or return postage guaranteed
    23  mail on which is endorsed such language designated by the state board of
    24  elections  to  ensure  postal  authorities  do not forward such mail but
    25  return it to the board of elections with forwarding information, when it
    26  cannot be delivered as addressed and which contains a request  that  any
    27  such  mail  received  for persons not residing at the address be dropped
    28  back in the mail. The  voter's  registration  and  enrollment  shall  be
    29  complete upon receipt of the application by the appropriate county board
    30  of  elections.  The  failure of a county board of elections to verify an
    31  applicant's identity shall not be the  basis  for  the  rejection  of  a
    32  voter's  application,  provided, however, that such verification failure
    33  shall be the basis for requiring county board of elections to  take  the
    34  additional verification steps provided by this chapter. The notice shall
    35  also advise the registrant of the date when his registration and enroll-
    36  ment is effective, of the date and the hours of the next regularly sche-
    37  duled  primary or general election in which he will be eligible to vote,
    38  of the location of the polling place of the election district  in  which
    39  he is or will be a qualified voter, whether such polling place is acces-
    40  sible  to  physically  handicapped voters, an indication that physically
    41  handicapped voters or voters who are ill or voters who will  be  out  of
    42  the  city  or  county on the day of the primary or general election, may
    43  obtain an absentee ballot and the phone  number  to  call  for  absentee
    44  ballot  applications,  the phone numbers to call for location of polling
    45  places, to obtain registration forms and the phone  number  to  call  to
    46  indicate  that  the  voter  is  willing  to  serve on election day as an
    47  inspector, poll clerk or interpreter. The notice of approval, notice  of
    48  approval  with request for more information or notice of rejection shall
    49  also advise the applicant to notify the board of elections if  there  is
    50  any  inaccuracy.  The form of such mail notification shall be prescribed
    51  by the state board of elections and shall contain such other information
    52  and instructions as it may reasonably require to carry out the  purposes
    53  of this section. The request for more information shall inform the voter
    54  that  "THE  FAILURE  TO  CONTACT  THE BOARD OF ELECTIONS AND CORRECT ANY
    55  INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMA-
    56  TION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO

        S. 3304--A                          9
     1  CAST A VOTE ON A VOTING MACHINE." If such notice is returned undelivered
     2  without a new address, the board shall forthwith send such  applicant  a
     3  confirmation  notice pursuant to the provisions of section 5-712 of this
     4  article  and place such applicant in inactive status. The state board of
     5  elections shall prepare uniform notices by this section as provided  for
     6  in subdivision eight of section 3-102 of this chapter.
     7    11. If the county board of elections suspects or believes that for any
     8  reason  the applicant is not entitled to registration and enrollment, it
     9  shall make inquiry in reference thereto. If the board of elections shall
    10  find that the applicant is not qualified to  register  and  enroll,  the
    11  application  shall  be  rejected  and  the  applicant  notified  of such
    12  rejection and the reason therefor, no later than ten days before the day
    13  of the first primary or general election  occurring  at  least  [twenty-
    14  five]  ten  days after the filing of the application, except that if the
    15  application was submitted between twenty-five and ten  days  before  the
    16  day  of  the  first primary or general election, such board shall notify
    17  the applicant at least five days before such election.
    18    14. Notwithstanding the entry by the county board of elections on  the
    19  registration  poll record of the information contained on an application
    20  form prescribed by this section, such entry shall not preclude the coun-
    21  ty board of elections from subsequently rejecting the application if  it
    22  is  not  satisfied that the applicant is entitled to register and enroll
    23  as provided by this section, provided that the applicant is notified  of
    24  such  rejection  and  reasons therefor no later than ten days before the
    25  day of the first primary or general election occurring at  least  [twen-
    26  ty-five] ten days after the filing of such application form, except that
    27  if the application was submitted between twenty-five and ten days before
    28  the day of the first primary or general election, such board shall noti-
    29  fy the applicant at least five days before such election.
    30    §  12.  The  opening  paragraph  and subdivisions 11 and 12 of section
    31  5-211 of the election law, the opening paragraph as amended  by  chapter
    32  265 of the laws of 2013, subdivision 11 as amended by chapter 200 of the
    33  laws  of  1996 and subdivision 12 as added by chapter 659 of the laws of
    34  1994, are amended to read as follows:
    35    Each agency designated as a participating agency under the  provisions
    36  of this section shall implement and administer a program of distribution
    37  of  voter registration forms pursuant to the provisions of this section.
    38  The following offices which provide  public  assistance  and/or  provide
    39  state funded programs primarily engaged in providing services to persons
    40  with  disabilities are hereby designated as voter registration agencies:
    41  designated as the state agencies which provide public assistance are the
    42  office of children and family services,  the  office  of  temporary  and
    43  disability  assistance  and the department of health. Also designated as
    44  public assistance agencies are all agencies  of  local  government  that
    45  provide  such  assistance.  Designated  as  state  agencies that provide
    46  programs primarily engaged in providing services to people with disabil-
    47  ities are the department of labor, office for  the  aging,  division  of
    48  veterans'  affairs,  office  of  mental health, office of vocational and
    49  educational services for individuals with  disabilities,  commission  on
    50  quality of care for the mentally disabled, office [of mental retardation
    51  and]  for  people  with  developmental  disabilities, commission for the
    52  blind, office of alcoholism and substance abuse services, the office  of
    53  the  advocate for the disabled and all offices which administer programs
    54  established or funded by  such  agencies.  Additional  [state]  agencies
    55  designated  as  voter  registration  offices are the department of state
    56  [and], the division of workers' compensation, the  state  university  of

        S. 3304--A                         10
     1  New  York,  the city university of New York, all public housing authori-
     2  ties listed in article thirteen of the public housing law,  the  depart-
     3  ment  of corrections and community supervision and the New York division
     4  of  military and naval affairs. Such agencies shall be required to offer
     5  voter registration forms to and provide for  automatic  voter  registra-
     6  tion,  pursuant to section 5-200 of this title, for persons upon initial
     7  application for services, renewal or recertification  for  services  and
     8  change of address relating to such services. Such agencies shall also be
     9  responsible  for  providing assistance to applicants in completing voter
    10  registration forms, receiving and transmitting the completed application
    11  form from all applicants who wish to have such form transmitted  to  the
    12  appropriate  board  of  elections.  The  state board of elections shall,
    13  together with representatives of the department of defense, develop  and
    14  implement  procedures  for  including  recruitment  offices of the armed
    15  forces of the United States as  voter  registration  offices  when  such
    16  offices  are  so  designated  by federal law. The state board shall also
    17  make request of the United States Immigration and Naturalization Service
    18  to include applications for registration  by  mail  with  any  materials
    19  which  are given to new citizens. [All institutions of the state univer-
    20  sity of New York and the city university of  New  York,  shall,  at  the
    21  beginning  of  the  school year, and again in January of a year in which
    22  the president of the United States is to be elected, provide an applica-
    23  tion for registration to each student in  each  such  institution.]  The
    24  state  board of elections may, by regulation, grant a waiver from any or
    25  all of the requirements of this section to any office or program  of  an
    26  agency,  if  it  determines  that  it is not feasible for such office or
    27  program to administer such requirement.
    28    11. The participating agency shall transmit  [the  completed  applica-
    29  tions  for  registration  and  change  of address forms] all information
    30  collected pursuant to section 5-200 of this  title  to  the  appropriate
    31  board of elections not later than ten days after receipt except that all
    32  such completed applications and forms received by the agency between the
    33  thirtieth  and  twenty-fifth day before an election shall be transmitted
    34  in such manner and at such time as to assure their receipt by such board
    35  of elections not later than the twentieth day before such election.
    36    12. [Completed  application  forms,  when  received]  All  information
    37  collected  pursuant  to  section  5-200 of this title by a participating
    38  agency not later than the  twenty-fifth  day  before  the  next  ensuing
    39  primary,  general  or special election and transmitted by such agency to
    40  the appropriate board of elections so that they  are  received  by  such
    41  board  not later than the twentieth day before such election shall enti-
    42  tle the applicant to vote in such election provided the board determines
    43  that the applicant is otherwise qualified.
    44    § 13. Subdivisions 11 and 12 of section 5-211 of the election law,  as
    45  amended by section twelve of this act, are amended to read as follows:
    46    11.  The participating agency shall transmit all information collected
    47  pursuant to section 5-200 of this title  to  the  appropriate  board  of
    48  elections  not  later  than  ten days after receipt except that all such
    49  completed applications and forms received  by  the  agency  between  the
    50  [thirtieth]  fifteenth  and  [twenty-fifth] tenth day before an election
    51  shall be transmitted in such manner and at such time as to assure  their
    52  receipt  by such board of elections not later than the [twentieth] fifth
    53  day before such election.
    54    12. All information collected pursuant to section 5-200 of this  title
    55  by  a  participating  agency not later than the [twenty-fifth] tenth day
    56  before the next ensuing primary, general or special election and  trans-

        S. 3304--A                         11
     1  mitted by such agency to the appropriate board of elections so that they
     2  are  received  by  such  board  not later than the [twentieth] fifth day
     3  before such election  shall  entitle  the  applicant  to  vote  in  such
     4  election  provided  the board determines that the applicant is otherwise
     5  qualified.
     6    § 14. Subdivision 14 of section 5-211 of the election law, as  amended
     7  by  chapter 200 of the laws of 1996, is amended and two new subdivisions
     8  18 and 19 are added to read as follows:
     9    14. Applications shall be processed by the board of elections  in  the
    10  manner  prescribed  by  [section] sections 5-200 and 5-210 of this title
    11  or, if the applicant is already registered to vote from another  address
    12  in the county or city, in the manner prescribed by section 5-208 of this
    13  title.    The  board  shall  send  the appropriate notice of approval or
    14  rejection as required by either subdivision nine of such  section  5-210
    15  or subdivision five of such section 5-208.
    16    18.  All colleges, universities and public school districts located in
    17  this state shall make voter registration forms available to any students
    18  eligible to register or pre-register to  vote  under  paragraph  (g)  of
    19  subdivision  five  of section 5-210 of this title in the same manner and
    20  subject to the same provisions and rules and regulations  as  all  other
    21  designated agencies under this section; except that a college, universi-
    22  ty  or  public  school  district  that  is not otherwise designated as a
    23  source agency pursuant to section 5-200  of  this  title  shall  not  be
    24  required  to collect or maintain forms containing a person's declination
    25  to register to vote as required by subdivision ten of this  section,  or
    26  to  conduct a study and report thereon as required by subdivision seven-
    27  teen of this section.
    28    19. The state board of elections or, in the city of New York, the  New
    29  York  city board of elections, shall provide to public colleges, univer-
    30  sities, and school districts a sufficient quantity of coded voter regis-
    31  tration applications that identify each such application as  originating
    32  from  either a public college, university, or school district. The state
    33  board of elections shall provide for the delivery of such coded applica-
    34  tions by the first day of August of each year to each college, universi-
    35  ty, or school district covered by this chapter, except that the New York
    36  city board of elections shall provide and deliver  such  forms  to  each
    37  participating  public university, college, or school district located in
    38  the city of New York. Every board of elections scanning voter  registra-
    39  tion  forms shall capture any designated agency codes thereon and report
    40  them on a monthly basis to the state board of elections which shall make
    41  such detailed information available to the public.
    42    § 15. Subdivisions 6 and 7 of  section  5-212  of  the  election  law,
    43  subdivision 6 as amended by chapter 200 of the laws of 1996 and subdivi-
    44  sion  7 as added by chapter 659 of the laws of 1994, are amended to read
    45  as follows:
    46    6. The department of motor vehicles shall transmit  [that  portion  of
    47  the form which constitutes the completed application for registration or
    48  change  of  address  form] all information collected pursuant to section
    49  5-200 of this title to the appropriate board of elections not later than
    50  ten days after receipt except that all such completed  applications  and
    51  forms  received by the department between the thirtieth and twenty-fifth
    52  day before an election shall be transmitted in such manner and  at  such
    53  time  as  to  assure  their receipt by such board of elections not later
    54  than the twentieth day before such election.    All  transmittals  shall
    55  include  original  signatures or an electronic image thereof as required
    56  by subdivision four of section 5-200 of this title.

        S. 3304--A                         12
     1    7. [Completed application forms received]  All  information  collected
     2  pursuant to section 5-200 of this title by the department of motor vehi-
     3  cles  not later than the twenty-fifth day before the next ensuing prima-
     4  ry, general or special election and transmitted by  such  department  to
     5  the  appropriate  board of elections so that they are received not later
     6  than the twentieth day before such election shall entitle the  applicant
     7  to  vote  in such election provided the board determines that the appli-
     8  cant is otherwise qualified.
     9    § 16. Subdivisions 6 and 7 of section 5-212 of the  election  law,  as
    10  amended by section fifteen of this act, are amended to read as follows:
    11    6.  The  department  of  motor vehicles shall transmit all information
    12  collected pursuant to section 5-200 of this  title  to  the  appropriate
    13  board of elections not later than ten days after receipt except that all
    14  such completed applications and forms received by the department between
    15  the  [thirtieth]  fifteenth  and  [twenty-fifth]  tenth  day  before  an
    16  election shall be transmitted in such manner and  at  such  time  as  to
    17  assure  their  receipt  by  such  board  of elections not later than the
    18  [twentieth] fifth day before such  election.    All  transmittals  shall
    19  include  original  signatures or an electronic image thereof as required
    20  by subdivision four of section 5-200 of this title.
    21    7. All information collected pursuant to section 5-200 of  this  title
    22  by  the  department  of motor vehicles not later than the [twenty-fifth]
    23  tenth day before the next ensuing primary, general or  special  election
    24  and transmitted by such department to the appropriate board of elections
    25  so  that  they  are  received  not  later than the [twentieth] fifth day
    26  before such election  shall  entitle  the  applicant  to  vote  in  such
    27  election  provided  the board determines that the applicant is otherwise
    28  qualified.
    29    § 17. Subdivision 3 of section 5-213 of the election law,  as  amended
    30  by chapter 200 of the laws of 1996, is amended to read as follows:
    31    3.  The  board of elections shall restore the registration of any such
    32  voter to active status if such voter notifies  the  board  of  elections
    33  that he resides at the address from which he is registered, or the board
    34  finds  that  such  voter  has validly signed a designating or nominating
    35  petition which states that he resides at such address, or if such  voter
    36  casts  a ballot in an affidavit envelope which states that he resides at
    37  such address, or if the board receives notice that such voter has  voted
    38  in  an  election  conducted with registration lists prepared pursuant to
    39  the provisions of section 5-612 of this article.  If any such  notifica-
    40  tion  or  information  is  received  [twenty]  ten days or more before a
    41  primary, special or general election, the voter's name must be  restored
    42  to active status for such election.
    43    §  18.  Subdivision 3 of section 5-304 of the election law, as amended
    44  by chapter 90 of the laws of 1991, is amended to read as follows:
    45    3. A change of enrollment received by the board of elections,  showing
    46  a  dated  cancellation  mark  of  the  United  States  Postal Service or
    47  contained in an envelope showing such cancellation mark which is  dated,
    48  not  later  than the twenty-fifth day before the [general election shall
    49  be deposited in a sealed enrollment box, which shall not be opened until
    50  the first Tuesday  following  such  general  election.  Such  change  of
    51  enrollment  shall  be then removed and entered as provided in this arti-
    52  cle] next ensuing primary, general or special election, and received  no
    53  later  than the fifth day before such election or delivered in person to
    54  such county board of elections not later than the  tenth  day  before  a
    55  primary,  general  or  special  election,  shall  be  effective for such
    56  election. Enrollment changes shall be entered as provided in this  arti-

        S. 3304--A                         13
     1  cle  and  shall  be  deemed  to  take effect on the tenth day after such
     2  change of enrollment is received by the board of  elections  or  if  the
     3  change  of  enrollment,  or  the  envelope  containing it, bears a dated
     4  cancellation mark of the United States Postal Service, such change shall
     5  be entered and shall be deemed to take effect on the tenth day after the
     6  date of such mark, whichever is earlier; except that no change will take
     7  effect  sooner  than  the  fifth day after the receipt of such change of
     8  enrollment by the board of elections.
     9    § 19. The opening paragraph of  paragraph  (e)  of  subdivision  3  of
    10  section 8-302 of the election law, as amended by chapter 125 of the laws
    11  of 2011, is amended to read as follows:
    12    Whenever  a  voter  presents  himself  or herself and offers to cast a
    13  ballot, and he or she claims to live in the election district  in  which
    14  he or she seeks to vote but no registration poll record can be found for
    15  him  or her in the poll ledger or his or her name does not appear on the
    16  computer generated registration list or his or her  signature  does  not
    17  appear  next  to his or her name on such computer generated registration
    18  list or his or her registration poll record or  the  computer  generated
    19  registration  list  does not show him or her to be enrolled in the party
    20  in which he or she claims to be enrolled and the voter is not  otherwise
    21  eligible  to cast an affidavit ballot pursuant to subdivision three-d of
    22  this section, a poll clerk or election inspector shall  consult  a  map,
    23  street  finder  or  other  description  of all of the polling places and
    24  election districts  within  the  political  subdivision  in  which  said
    25  election  district  is  located  and  if necessary, contact the board of
    26  elections to obtain the relevant information and advise the voter of the
    27  correct polling place and election district for  the  residence  address
    28  provided  by  the voter to such poll clerk or election inspector. There-
    29  after, such voter shall be permitted to vote in said  election  district
    30  only as hereinafter provided:
    31    §  20.  Section  8-302  of the election law is amended by adding a new
    32  subdivision 3-d to read as follows:
    33    3-d. A person appearing on election day whose name cannot be found  or
    34  whose  information  is  incomplete  or  incorrect on the statewide voter
    35  registration list and who affirms that that he or she interacted with  a
    36  source agency listed in subdivision three of section 5-200 of this chap-
    37  ter  and  consented  to voter registration shall be permitted to cast an
    38  affidavit ballot. Such affidavit ballot shall be counted if at the poll-
    39  ing place, the person presents proof of identity and evidence of  regis-
    40  tering to vote or performing any of the activities specified in subdivi-
    41  sion  two  of section 5-200 of this chapter, and there is no affirmative
    42  proof that the person is ineligible to register  to  vote  or  that  the
    43  person  did  not  register or perform any of the activities specified in
    44  subdivision two of section 5-200 of this chapter.
    45    (a) A person may swear to and subscribe to an affidavit  stating  that
    46  the  person has registered to vote or performed any of the activities in
    47  subdivision two of section 5-200 of this chapter and  consented  to  use
    48  agency  information  for  voter  registration.  That  affidavit shall be
    49  sufficient evidence of registering to vote  or  performing  any  of  the
    50  activities specified in subdivision two of section 5-200 of this chapter
    51  for the purposes of this section.
    52    (b)  A  person without identification may swear to and subscribe to an
    53  affidavit stating that the person did not present documentary  proof  of
    54  identity,  but  that all of the identifying information on the affidavit
    55  ballot envelope is complete and accurate. That affidavit shall be suffi-
    56  cient evidence of identity for the purposes of this section.  Nothing in

        S. 3304--A                         14
     1  this subdivision shall be deemed to override the provisions of  subdivi-
     2  sion two-a of this section governing the requirements for a person whose
     3  name appears in the computer generated registration list with a notation
     4  indicating that the voter's identity was not yet verified as required by
     5  the federal Help America Vote Act.
     6    § 21. Subdivision 11 of section 5-614 of the election law, as added by
     7  chapter 24 of the laws of 2005, is amended to read as follows:
     8    11.  The  state  board  of elections shall establish a statewide voter
     9  [hotline using information available through the statewide voter  regis-
    10  tration  list  for  voters  to  obtain information regarding their voter
    11  registration] registration information system available through a secure
    12  public website accessible  from  the  website  of  the  state  board  of
    13  elections  and  through  a  toll-free telephone number maintained by the
    14  state board of elections. The information system shall:
    15    a. allow any voter:
    16    (i) to review the voter registration information  represented  on  the
    17  statewide voter registration list for that voter;
    18    (ii) to submit a confidential request to correct or update the voter's
    19  voter  registration  information,  which shall be sent to the applicable
    20  county board of elections; and
    21    (iii) to determine the location of the  polling  place  to  which  the
    22  voter is assigned;
    23    b. provide an interface that allows any person:
    24    (i) to determine the location of the polling place associated with any
    25  residential address within the state; and
    26    (ii)  to  determine  whether he or she is represented on the statewide
    27  voter registration list; and
    28    c. provide a secure website interface that allows any eligible citizen
    29  who is not represented on the statewide voter registration list to  view
    30  the notices contained on an application form under section 5-210 of this
    31  article  and  to  confidentially submit, through the interface, the data
    32  collected on such application form to the state board of elections. Upon
    33  receipt of such data, the state board of  elections  shall  forward  the
    34  information  to the local board of elections of the county or city where
    35  the citizen resides. Such data shall be processed as an application form
    36  submitted by mail pursuant to section 5-210 of this article, subject  to
    37  the  requirements of section 303(b) of the Help America Vote Act of 2002
    38  (42 U.S.C. § 15483(b)), except that the absence of a  written  signature
    39  shall  not  render  the application incomplete or otherwise preclude the
    40  registration of an eligible citizen.
    41    For any eligible citizen attempting  to  use  the  system  established
    42  under  this subdivision to submit information that will not be processed
    43  as valid for the proximate election, the system must notify the  citizen
    44  at  the  time of the submission that the update will not take effect for
    45  the proximate election. If the citizen is attempting to use  the  system
    46  established  under this subdivision to correct or update voter registra-
    47  tion information under this section, the system  must  also  notify  the
    48  citizen  that  he  or she may use the election-day procedure provided in
    49  subdivision three-d of section 8-302 of this chapter.
    50    The board of elections shall develop procedures to enable an  eligible
    51  citizen  who  submits  an  application  pursuant to this subdivision and
    52  whose application lacks an electronic signature to provide  a  signature
    53  at  the  polling  place  or  with  an application for an absentee ballot
    54  before voting. The board of elections may require an elector who has not
    55  provided a signature before arriving at the polling place or  submitting
    56  an  absentee  ballot to present a current and valid photo identification

        S. 3304--A                         15
     1  or a copy of a current utility bill, bank statement,  government  check,
     2  paycheck,  or  other government document that shows the name and address
     3  of the voter.
     4    §  22.  Subdivision 3 of section 8-510 of the election law, as amended
     5  by chapter 43 of the laws of 1988, is amended to read as follows:
     6    3. The inspectors shall place such completed report,  and  each  court
     7  order,  if  any,  directing that a person be permitted to vote, and each
     8  affidavit completed pursuant to subdivision three-d of section 8-302  of
     9  this article, inside a ledger of registration records or computer gener-
    10  ated registration lists between the front cover, and the first registra-
    11  tion  record  and  then shall close and seal each ledger of registration
    12  records or computer generated registration lists, affix their  signature
    13  to  the  seal,  lock such ledger in the carrying case furnished for that
    14  purpose and enclose the keys in a sealed package or seal  such  list  in
    15  the envelope provided for that purpose.
    16    §  23.  The  election law is amended by adding a new section 17-138 to
    17  read as follows:
    18    § 17-138. Discrimination and harassment. No person acting under  color
    19  of  any  provision  of  law may harass or discriminate against or assist
    20  others in harassing or discriminating against any person on the basis of
    21  the information supplied by the person for voter registration  purposes,
    22  a  person's declination to register to vote or to supply information for
    23  voter registration purposes, or a person's absence  from  the  statewide
    24  voter  registration  list  except as required to administer elections or
    25  enforce election laws.
    26    § 24. Subdivision 1 of section 3-220 of the election law,  as  amended
    27  by chapter 104 of the laws of 2010, is amended to read as follows:
    28    1.  All  registration  records,  certificates,  lists, and inventories
    29  referred to in, or required by, this chapter shall be public records and
    30  open to public inspection under the immediate supervision of  the  board
    31  of elections or its employees and subject to such reasonable regulations
    32  as  such  board  may impose, provided, however, that no data transmitted
    33  pursuant to section 5-200 of this chapter shall be considered  a  public
    34  record  open  to  public inspection solely by reason of its transmission
    35  and that the following information shall  not  be  released  for  public
    36  inspection:
    37    (a) any voter's signature;
    38    (b)  the  personal  residence and contact information of any voter for
    39  whom any provision of law requires confidentiality;
    40    (c) any portion of a voter's driver's license number,  [department  of
    41  motor  vehicle] non-driver [photo ID] identification card number, social
    42  security number and facsimile number [shall not be released  for  public
    43  inspection];
    44    (d) any voter's telephone number; and
    45    (e)  any  voter's email address.   No such records shall be handled at
    46  any time by any person other than a member of a  registration  board  or
    47  board  of  inspectors  of  elections  or  board  of  elections except as
    48  provided by rules imposed by the board of elections.
    49    § 25. Subdivision 4 of section 3-212 of the election law is amended by
    50  adding two new paragraphs (c) and (d) to read as follows:
    51    (c) Said annual report, as required by paragraph (a) of this  subdivi-
    52  sion, shall also include:
    53    (1) the number of records that have been received, transmitted, trans-
    54  ferred, updated, or corrected pursuant to section 5-200 of this chapter,
    55  by source;

        S. 3304--A                         16
     1    (2)  the  number of records received under section 5-200 of this chap-
     2  ter, by source, that do not relate to persons identified as eligible  to
     3  vote;
     4    (3)  the  number of persons who have contacted the board to opt out of
     5  voter registration;
     6    (4) the number of voters who submit voter  registration  forms  and/or
     7  requests  to  update or correct voter registration information using the
     8  system described in section 5-614 of this chapter; and
     9    (5) the number of voters who correct  voter  registration  information
    10  using  the  election-day  procedure  described  in section 8-302 of this
    11  chapter.
    12    (d) Said annual report, as required by paragraph (a) of this  subdivi-
    13  sion,  shall  exclude  any  information  that  personally identifies any
    14  person other than an election official or other government official.
    15    § 26. Section 17-104 of  the  election  law  is  amended  to  read  as
    16  follows:
    17    § 17-104. False registration. 1. Any person who:
    18    [1.]  (a) Registers or attempts to register as an elector in more than
    19  one election district for the same election, or more than  once  in  the
    20  same election district; or,
    21    [2.] (b) Registers or attempts to register as an elector, knowing that
    22  he  will  not  be  a qualified voter in the district at the election for
    23  which such registration is made; or
    24    [3.] (c) Registers or attempts to register as  an  elector  under  any
    25  name but his or her own; or
    26    [4.]  (d)  Knowingly  gives  a  false  residence  within  the election
    27  district when registering as an elector; or
    28    [5.] (e) Knowingly permits, aids, assists, abets,  procures,  commands
    29  or advises another to commit any such act, is guilty of a felony.
    30    2.  Notwithstanding  any  other  provision  of this chapter, no person
    31  shall be liable for an error in the statewide  voter  registration  list
    32  unless  such  person  knowingly and willfully makes a false statement in
    33  order to effectuate or perpetuate voter registration. An  error  in  the
    34  statewide  voter  registration list shall not constitute a fraudulent or
    35  false claim to citizenship.
    36    § 27. Subdivision 17 of section 3-102 of the election law,  as  renum-
    37  bered  by  chapter  23 of the laws of 2005, is renumbered subdivision 21
    38  and four new subdivisions 17, 18,  19  and  20  are  added  to  read  as
    39  follows:
    40    17.  ensure  that, upon receipt and verification of a person's express
    41  request to opt out of voter registration, the person's name  and  regis-
    42  tration record will not be added to the county or statewide voter regis-
    43  tration lists;
    44    18. ensure that election officials shall not provide the record of any
    45  person  who has opted out of voter registration, in whole or in part, to
    46  any third party for any purpose other than the  compilation  of  a  jury
    47  list;
    48    19.  publish and enforce a privacy and security policy specifying each
    49  class of users who shall have authorized access to the  statewide  voter
    50  registration list, preventing unauthorized access to the statewide voter
    51  registration  list  and  to any list provided by a source agency or list
    52  maintenance source, and setting forth other safeguards  to  protect  the
    53  privacy and security of the information on the statewide voter registra-
    54  tion list;
    55    20.  promulgate rules regarding the notification of voters of transfer
    56  of address by electronic mail; and

        S. 3304--A                         17
     1    § 28. This act shall take effect immediately; provided, however,  that
     2  sections  two,  three,  four,  six, seven, eight, ten, twelve, fourteen,
     3  fifteen, nineteen, twenty, twenty-one, twenty-two, and  twenty-three  of
     4  this  act  shall  take  effect  January  1,  2019; provided further that
     5  sections  five, nine, eleven, thirteen, sixteen, seventeen, and eighteen
     6  of this act shall take effect January 1, 2020.   Effective  immediately,
     7  any  rules,  regulations  and  agreements  necessary  to  implement  the
     8  provisions of this act on its effective date are authorized and directed
     9  to be completed on or before such date.
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