Bill Text: NY S05059 | 2009-2010 | General Assembly | Amended

New York Senate Bill 5059 (Prior Session Legislation)

Amended

Bill Title: Provides that qualified persons who have never previously registered to vote may register on any day, including a day of election, that the board of elections is open for business; requires establishment of a procedure to enable such registrants to cast their votes at the appropriate polling places.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-12 - NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN [S05059 Detail]

Download: New_York-2009-S05059-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5059--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. PERKINS -- 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  allowing  for  polling
         place  voter  registration  for any qualified person who is not regis-
         tered to vote
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  5-210 of the election law is amended by adding a
    2  new subdivision 1-a to read as follows:
    3    1-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE  RELATING
    4  TO REGISTRATION REQUIREMENTS, ANY QUALIFIED PERSON WHO IS NOT REGISTERED
    5  IN  THIS  STATE  MAY APPLY PERSONALLY FOR REGISTRATION AND ENROLLMENT BY
    6  APPEARING AT THE APPROPRIATE POLLING PLACE FOR THE ELECTION DISTRICT  IN
    7  WHICH  HE  OR  SHE  RESIDES ON ANY DAY OF ELECTION, PRIMARY, GENERAL, OR
    8  SPECIAL, DURING THE HOURS THAT SUCH POLLING PLACE IS OPEN FOR VOTING. TO
    9  BE ELIGIBLE TO REGISTER PURSUANT TO  THIS  SUBDIVISION,  A  PERSON  MUST
   10  PROVIDE  ACCEPTABLE  FORMS  OF  IDENTIFICATION CONTAINING PROOF OF RESI-
   11  DENCE, AS DETERMINED BY STATE LAW IMPLEMENTING THE HELP  AMERICANS  VOTE
   12  ACT  OF  2002  (PUBLIC LAW 107-252). ANY PERSON WHO SO REGISTERS TO VOTE
   13  SHALL EXECUTE THE FOLLOWING INSTRUMENT IN  SUBSTANTIALLY  THE  FOLLOWING
   14  FORM:
   15  "I,  (NAME),  DO  HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT, TO THE
   16  BEST OF MY KNOWLEDGE, I AM A QUALIFIED VOTER, HAVING RESIDED  AT  (PLACE
   17  OF  RESIDENCE)  FOR  AT  LEAST  THIRTY  DAYS  IMMEDIATELY PRECEDING THIS
   18  ELECTION, THAT I AM NOT DISQUALIFIED ON ANY LEGAL GROUNDS  FROM  VOTING,
   19  AND THAT I HAVE NOT ALREADY VOTED AT THIS ELECTION."
   20    (B)  IF  A REGISTRANT IS UNABLE TO PROVIDE VALID PROOF OF RESIDENCE AS
   21  PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION, SUCH  REGISTRANT  MAY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08391-02-0
       S. 5059--A                          2
    1  BE ALLOWED TO REGISTER FOR AND VOTE IN ANY ELECTION BY AFFIDAVIT BALLOT.
    2  SUCH  AFFIDAVIT BALLOT SHALL NOT BE COUNTED UNTIL ELECTION OFFICIALS CAN
    3  DETERMINE SUCH REGISTRANT'S RESIDENCE AND ELIGIBILITY TO VOTE.
    4    (C)  THE  BOARD  OF  ELECTIONS  SHALL ESTABLISH A PROCEDURE BY WHICH A
    5  PERSON WHO REGISTERS PURSUANT TO THIS SUBDIVISION MAY CAST  HIS  OR  HER
    6  VOTE AT THE APPROPRIATE POLLING PLACE.
    7    S 2. This act shall take effect January 1, 2011.