Bill Text: NY S05114 | 2017-2018 | General Assembly | Introduced


Bill Title: Establishes an electronic registration process integrated within designated agency applications; makes related provisions.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2018-01-03 - REFERRED TO ELECTIONS [S05114 Detail]

Download: New_York-2017-S05114-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5114
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 8, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- 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  an  elec-
          tronic registration process integrated within designated agency appli-
          cations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Article 5 of the election law is amended by  adding  a  new
     2  title 9 to read as follows:
     3                                  TITLE IX
     4               ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
     5  Section 5-900. Integrated   personal   voter   registration  application
     6                    required.
     7          5-902. Automatic reinstatement after forfeiture.
     8          5-904. Failure to provide  exemplar  signature  not  to  prevent
     9                   registration.
    10          5-906. Presumption of innocent authorized error.
    11          5-908. Forms.
    12    §  5-900. Integrated personal voter registration application required.
    13  1. In addition to any other method of voter registration provided for by
    14  this chapter, state and local agencies designated in subdivision ten  of
    15  this  section shall provide to the state board of elections voter regis-
    16  tration  qualification  information  associated  with  each  person  who
    17  submits  an application for services at such agency, or who notifies the
    18  agency of a change of address or name. Such  designated  agencies  shall
    19  ensure  agency  applications  substantially  include all of the elements
    20  required by section 5-210 of this  article,  including  the  appropriate
    21  attestation,  so that persons completing such applications shall be able
    22  to also submit an application to register to vote through the electronic
    23  voter registration transmittal system. For  purposes  of  this  section,
    24  "agency"  shall  mean  any  state or local agency, department, division,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09907-01-7

        S. 5114                             2
     1  office, institution or other entity designated by  the  state  board  of
     2  elections pursuant to subdivision ten of this section.
     3    2.  For  each  application  submitted to the agency, whether electron-
     4  ically or on paper, the agency shall transmit  to  the  state  board  of
     5  elections  through  an  interface with the electronic voter registration
     6  transmittal system established and maintained  by  the  state  board  of
     7  elections  that portion of the application that includes voter registra-
     8  tion information. The state  board  of  elections  shall  electronically
     9  forward  such  application  to the applicable board of elections of each
    10  county or the city of New York for filing, processing  and  verification
    11  consistent with this chapter.
    12    3.  An  integrated  voter  registration form submitted to an agency in
    13  paper format shall be  transmitted  to  the  state  board  of  elections
    14  through  an electronic voter registration transmittal system by convert-
    15  ing the paper form to an image file or a portable document  format  file
    16  which  shall  thereafter be deemed the original form for voter registra-
    17  tion and enrollment purposes.  The  agency  shall  retain  the  complete
    18  original  paper  application for no less than two years. The transmittal
    19  of the converted paper application may include or be accompanied by data
    20  elements and transmittal information as required by the rules and  regu-
    21  lations of the state board of elections.
    22    4. An integrated voter registration application submitted to an agency
    23  in  an  electronic  format  shall  be  transmitted to the state board of
    24  elections through the electronic voter registration  transmittal  system
    25  and shall include all of the voter registration data elements, including
    26  electronic  signature,  as  applicable, and record of attestation of the
    27  accuracy of the voter registration information and any relevant document
    28  images.
    29    5. Information from the voter relevant to both voter registration  and
    30  the  agency  application shall be entered by the voter only once upon an
    31  application.
    32    6. The agency shall redact or remove  from  the  completed  integrated
    33  application to be transmitted to the state board of elections any infor-
    34  mation solely applicable to the agency application.
    35    6-a.  Information  concerning  the  citizenship status of individuals,
    36  when collected and transmitted  pursuant  to  subdivision  one  of  this
    37  section,  shall  not  be  retained, used or shared for any other purpose
    38  except as may be required by law.
    39    7. A voter shall be able to decline to register to vote using an inte-
    40  grated application by selecting a single check box, or equivalent, which
    41  shall read "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION  PURPOSES.
    42  DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS".
    43    8.  The voter shall be able to sign the voter registration application
    44  and the agency application by means of a  single  manual  or  electronic
    45  signature  unless  the agency requires more than one signature for other
    46  agency purposes.
    47    9. No application for voter registration shall  be  submitted  if  the
    48  applicant declines registration or fails to sign the integrated applica-
    49  tion, whether on paper or online.
    50    10. Designated agencies for purposes of this section shall include all
    51  agencies designated as voter registration agencies in sections 5-211 and
    52  5-212  of  this  article,  as well as any other agency designated by the
    53  state board of elections. Any such  designated  agency  shall  take  all
    54  actions  that  are  necessary  and proper for the implementation of this
    55  section, including  facilitating  technological  capabilities  to  allow

        S. 5114                             3
     1  transmission  of  data  through  an  interface with the electronic voter
     2  registration transmittal system in a secure manner.
     3    11.  Upon  the  discharge  from  a  state correctional facility of any
     4  person whose maximum sentence of imprisonment  has  expired  or  upon  a
     5  person's  discharge from community supervision as defined in subdivision
     6  three of section two  hundred  fifty-nine  of  the  executive  law,  the
     7  department  of  corrections and community supervision shall provide such
     8  person a voter registration form, pursuant to  section  seventy-five  of
     9  the  correction law and such form, if possible, shall be integrated with
    10  the release documents normally presented and signed  upon  release.  The
    11  department  of  corrections and community supervision shall submit rele-
    12  vant information for such person through the voter  registration  trans-
    13  mittal  system  and  notify  the  board  of  elections  of  the person's
    14  discharge.
    15    12. The state board of elections  shall  promulgate  rules  and  regu-
    16  lations  for the creation and administration of an integrated electronic
    17  voter registration process as provided for by this section.
    18    § 5-902. Automatic reinstatement after forfeiture.  Any  person  whose
    19  voter registration is canceled pursuant to section 5-106 of this article
    20  shall  be  automatically  reinstated  as a voter upon becoming eligible,
    21  unless such voter shall affirmatively decline  such  reinstatement.  The
    22  department  of  corrections  and  community supervision shall notify the
    23  board of elections through the voter registration transmittal system  of
    24  the  date  when the forfeiture of voting rights shall end and provide an
    25  updated address for such person, if known. If no new  address  for  such
    26  voter  is  available at that time, such voter shall be reinstated at the
    27  address of the previously canceled registration; provided,  however,  if
    28  the  mailed notification of such registration shall be returned undeliv-
    29  erable to the board of elections, such returned mail shall be  processed
    30  in accordance with this article.
    31    §  5-904.  Failure to provide exemplar signature not to prevent regis-
    32  tration. If a voter registration exemplar signature is not  provided  by
    33  an  applicant  who  submits a voter registration application pursuant to
    34  this title and such signature exemplar is not otherwise  available  from
    35  the  statewide  voter  registration database or a state or local agency,
    36  the local board of elections shall, absent another reason to reject  the
    37  application,  proceed  to register and, as applicable, enroll the appli-
    38  cant. Within ten days of such action, the board of elections shall  send
    39  a standard form promulgated by the state board of elections to the voter
    40  whose record lacks an exemplar signature, requiring such voter to submit
    41  a  signature  for identification purposes. The voter shall submit to the
    42  board of elections a voter registration exemplar signature by any one of
    43  the following methods: in person,  by  mail  with  return  postage  paid
    44  provided by the board of elections, by electronic mail, or by electronic
    45  upload  to the board of elections through the electronic voter registra-
    46  tion transmittal system. If such voter does  not  provide  the  required
    47  exemplar  signature,  when  the voter appears to vote the voter shall be
    48  entitled to vote in the same manner as a voter with a notation  indicat-
    49  ing  the  voter's  identity  has  not  yet  been  verified in the manner
    50  provided by section 8-302 of this chapter.
    51    § 5-906. Presumption of innocent authorized error. 1. If a person  who
    52  is  ineligible  to  vote  becomes registered to vote pursuant to section
    53  5-902 of this title, that person's registration  shall  be  presumed  to
    54  have been effected with official authorization and not the fault of that
    55  person.  Such  presumption  may be rebutted with evidence of knowing and
    56  willful intent to falsely register to vote.

        S. 5114                             4
     1    2. If a person who is ineligible becomes registered to  vote  pursuant
     2  to  section  5-902  of this title either votes or attempts to vote in an
     3  election held after the effective date  of  the  person's  registration,
     4  that  person shall be presumed to have acted with official authorization
     5  and  shall  not  be  guilty of illegal voting or illegally attempting to
     6  vote. Such presumption may be rebutted  with  evidence  of  knowing  and
     7  willful  intent  to  vote  or  attempt  to vote with knowledge that such
     8  person is not qualified or entitled to vote.
     9    § 5-908. Forms. The state board of elections  shall  promulgate  rules
    10  and  regulations  to  implement this title. All agency forms and notices
    11  required by  this  title  shall  be  approved  by  the  state  board  of
    12  elections.  All applications and notices for use by a board of elections
    13  pursuant to this title shall  be  promulgated  by  the  state  board  of
    14  elections,  and  no  addition or alternation to such forms by a board of
    15  elections  shall  be  made  without  approval  of  the  state  board  of
    16  elections.
    17    § 2. This act shall take effect on the earlier occurrence of:  (i) two
    18  years  after  it  shall  have become a law; provided, however, the state
    19  board of elections shall be authorized to implement necessary rules  and
    20  regulations  and to take steps required to implement this act immediate-
    21  ly; or (ii) five days after the date of certification by the state board
    22  of elections that the information technology infrastructure to  substan-
    23  tially  implement  this  act is functional.   Provided, further that the
    24  state board of elections shall  notify  the  legislative  bill  drafting
    25  commission  upon  the  occurrence  of  the  enactment of the legislation
    26  provided for in this act in order that the commission  may  maintain  an
    27  accurate and timely effective data base of the official text of the laws
    28  of  the  state of New York in furtherance of effectuating the provisions
    29  of section 44 of the legislative law and  section  70-b  of  the  public
    30  officers law.
feedback