Bill Text: NY S06457 | 2019-2020 | General Assembly | Amended
Bill Title: Establishes an electronic personal voter registration process integrated within designated agency applications; requires the state board of elections to promulgate necessary rules and regulations; makes related provisions.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Engrossed - Dead) 2020-01-09 - referred to election law [S06457 Detail]
Download: New_York-2019-S06457-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6457--B 2019-2020 Regular Sessions IN SENATE June 11, 2019 ___________ Introduced by Sens. GIANARIS, BAILEY, CARLUCCI, GOUNARDES, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KRUEGER, LIU, MAY, METZGER, MYRIE, PARKER, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to establishing an auto- matic voter registration process integrated within designated agency applications 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 "New York automatic voter registration act of 2020". 3 § 2. Article 5 of the election law is amended by adding a new title 9 4 to read as follows: 5 TITLE IX 6 AUTOMATIC VOTER REGISTRATION 7 Section 5-900. Integrated personal voter registration application 8 required. 9 5-902. Failure to receive exemplar signature not to prevent 10 registration. 11 5-904. Presumption of innocent authorized error. 12 5-906. Forms. 13 § 5-900. Integrated personal voter registration application required. 14 1. In addition to any other method of voter registration provided for by 15 this chapter, state and local agencies designated in subdivision four- 16 teen of this section shall provide to the state board of elections voter 17 registration qualification information associated with each person who 18 submits an application for services at such agency, or who notifies the 19 agency of a change of address or name. For the purposes of the depart- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05948-13-0S. 6457--B 2 1 ment of motor vehicles, "application for services at such agency" refers 2 only to an application for a motor vehicle driver's license, a driver's 3 license renewal or an identification card if such card is issued by the 4 department of motor vehicles in its normal course of business. Such 5 designated agencies shall ensure agency applications substantially 6 include all of the elements required by section 5-210 of this article, 7 including the appropriate attestation, so that persons completing such 8 applications shall be able to also submit an application to register to 9 vote through the electronic voter registration transmittal system. For 10 purposes of this section, "agency" shall mean any state or local agency, 11 department, division, office, institution or other entity designated by 12 the governor pursuant to subdivision fourteen of this section. For 13 purposes of this section, registration shall also include pre-registra- 14 tion pursuant to section 5-507 of this article. 15 2. For each application submitted to the agency, whether electron- 16 ically or on paper, the agency shall transmit to the state board of 17 elections through an interface with the electronic voter registration 18 transmittal system established and maintained by the state board of 19 elections that portion of the application that includes voter registra- 20 tion information. The state board of elections shall electronically 21 forward such application to the applicable board of elections of each 22 county or the city of New York for filing, processing and verification 23 consistent with this chapter. 24 3. An integrated voter registration form submitted to an agency in 25 paper format shall be transmitted to the state board of elections 26 through an electronic voter registration transmittal system by convert- 27 ing the paper form to an image file or a portable document format file 28 which shall thereafter be deemed the original form for voter registra- 29 tion and enrollment purposes. The agency shall retain the complete 30 original paper application for no less than two years. The transmittal 31 of the converted paper application may include or be accompanied by data 32 elements and transmittal information as required by the rules and regu- 33 lations of the state board of elections. 34 4. An integrated voter registration application submitted to an agency 35 in an electronic format shall be transmitted to the state board of 36 elections through the electronic voter registration transmittal system 37 and shall include all of the voter registration data elements, including 38 electronic signature, as applicable, and record of attestation of the 39 accuracy of the voter registration information and any relevant document 40 images. 41 5. Notwithstanding any other law to the contrary, no agency designated 42 under this section shall transmit to the state board of elections any 43 application for registration for a person that is, by virtue of data 44 collected by the agency during the same application for services or 45 change of address or name transaction, demonstrably ineligible to regis- 46 ter or pre-register to vote by reason of age or not being a citizen of 47 the United States. 48 6. The voter registration related portion of each agency's integrated 49 application for services or assistance shall: 50 (a) include a statement of the eligibility requirements for voter 51 registration and shall require the applicant to attest by his or her 52 signature that he or she meets those requirements under penalty of 53 perjury unless such applicant declines such registration; 54 (b) inform the applicant, in print identical to that used in the 55 attestation section of the following: 56 (i) voter eligibility requirements;S. 6457--B 3 1 (ii) penalties for submission of a false registration application; 2 (iii) that the office where the applicant applies for registration 3 shall remain confidential and the voter registration information shall 4 be used only for voter registration purposes; 5 (iv) that if the applicant applies to register to vote electronically, 6 such applicant thereby consents to the use of an electronic copy of the 7 individual's manual signature that is in the custody of the department 8 of motor vehicles, the state board of elections, or other agency desig- 9 nated by this section, as the individual's voter registration exemplar 10 signature if the individual voter's exemplar signature is not provided 11 with the voter registration application; and 12 (v) if the applicant declines to register, such applicant's declina- 13 tion shall remain confidential and be used only for voter registration 14 purposes; 15 (c) include a box for the applicant to check to indicate whether the 16 applicant would like to decline to register to vote along with the 17 statement in prominent type, "IF YOU DO NOT CHECK THIS BOX, AND YOU 18 PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU WILL HAVE ATTESTED TO 19 YOUR ELIGIBILITY TO REGISTER OR PRE-REGISTER TO VOTE AND YOU WILL HAVE 20 APPLIED TO REGISTER OR PRE-REGISTER TO VOTE."; 21 (d) include a warning statement in prominent type, "IF YOU ARE NOT A 22 CITIZEN OF THE UNITED STATES, YOU MUST CHECK THE BOX BELOW. NON-CITIZENS 23 WHO REGISTER OR PRE-REGISTER TO VOTE MAY BE SUBJECT TO CRIMINAL PENAL- 24 TIES AND SUCH VOTER REGISTRATION OR PRE-REGISTRATION MAY RESULT IN 25 DEPORTATION OR REMOVAL, EXCLUSION FROM ADMISSION TO THE UNITED STATES, 26 OR DENIAL OF NATURALIZATION."; 27 (e) include a space for the applicant to indicate his or her choice of 28 party enrollment, with a clear alternative provided for the applicant to 29 decline to affiliate with any party and a statement in prominent type 30 "IF YOU DO NOT CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTICIPATE IN 31 PRIMARY ELECTIONS FOR THAT PARTY". 32 (f) include a statement that if an applicant is a victim of domestic 33 violence or stalking, he or she may contact the state board of elections 34 in order to receive information regarding the address confidentiality 35 program for victims of domestic violence under section 5-508 of this 36 article. 37 7. Information from the voter relevant to both voter registration and 38 the agency application shall be entered by the voter only once upon an 39 application. 40 8. The agency shall redact or remove from the completed integrated 41 application to be transmitted to the state board of elections any infor- 42 mation solely applicable to the agency application. 43 9. Information concerning the citizenship status of individuals, when 44 collected and transmitted pursuant to subdivision one of this section, 45 shall not be retained, used or shared for any other purpose except as 46 may be required by law. 47 10. A voter shall be able to decline to register to vote using an 48 integrated application by selecting a single check box, or equivalent, 49 which shall read "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION AND 50 PRE-REGISTRATION PURPOSES. DO NOT FORWARD MY INFORMATION TO THE BOARD OF 51 ELECTIONS." 52 11. The voter shall be able to sign the voter registration application 53 and the agency application by means of a single manual or electronic 54 signature unless the agency requires more than one signature for other 55 agency purposes.S. 6457--B 4 1 12. No application for voter registration shall be submitted if the 2 applicant declines registration or fails to sign the integrated applica- 3 tion, whether on paper or online. 4 13. Designated agencies for purposes of this section shall include the 5 department of motor vehicles and the department of health, as well as 6 any other agency designated by the governor. Each designated agency 7 shall enter into an agreement with the state board of elections finaliz- 8 ing the format and content of electronic transmissions required by this 9 section. The state board of elections shall prepare and distribute to 10 designated agencies written instructions as to the implementation of the 11 program and shall be responsible for establishing training programs for 12 employees of designated agencies listed in this section. Such 13 instructions and such training shall ensure usability of the integrated 14 application for low English proficiency voters. Any such designated 15 agency shall take all actions that are necessary and proper for the 16 implementation of this section, including facilitating technological 17 capabilities to allow transmission of data through an interface with the 18 electronic voter registration transmittal system in a secure manner. 19 14. Each year, the governor shall conduct a review of each participat- 20 ing agency under section 5-211 of this article not already designated as 21 an automatic voter registration agency pursuant to this subdivision in 22 order to determine whether designation is appropriate. The governor 23 shall designate each participating agency that collects information or 24 documents that would provide proof of eligibility to vote unless the 25 governor determines that there are compelling reasons why automatic 26 voter registration is not feasible at the agency. If the governor should 27 determine that there are compelling reasons why automatic voter regis- 28 tration is not feasible at an agency, the governor shall prepare a 29 report explaining those reasons to the legislature by the end of the 30 calendar year in which that determination is made. Any agency designated 31 by the governor pursuant to this subdivision shall provide automatic 32 voter registration upon the earlier occurrence of: (a) two years after 33 designation by the governor, or (b) five days after the date of certif- 34 ication by the state board of elections that the information technology 35 infrastructure to substantially implement the provisions of this section 36 at the agency is functional. 37 15. The state board of elections shall promulgate rules and regu- 38 lations for the creation and administration of an integrated electronic 39 voter registration process as provided for by this section. 40 § 5-902. Failure to receive exemplar signature not to prevent regis- 41 tration. If a voter registration exemplar signature is not received from 42 an applicant who submits a voter registration or pre-registration appli- 43 cation pursuant to this title and such signature exemplar is not other- 44 wise available from the statewide voter registration database or a state 45 or local agency, the local board of elections shall, absent another 46 reason to reject the application, proceed to register or pre-register 47 and, as applicable, enroll the applicant. Within ten days of such 48 action, the board of elections shall send a standard form promulgated by 49 the state board of elections to the voter whose record lacks an exemplar 50 signature, requiring such voter to submit a signature for identification 51 purposes. The voter shall submit to the board of elections a voter 52 registration exemplar signature by any one of the following methods: in 53 person, by mail with return postage paid provided by the board of 54 elections, by electronic mail, or by electronic upload to the board of 55 elections through the electronic voter registration transmittal system. 56 If such voter does not provide the required exemplar signature, when theS. 6457--B 5 1 voter appears to vote the voter shall be entitled to vote by affidavit 2 ballot. 3 § 5-904. Presumption of innocent authorized error. 1. Notwithstanding 4 subdivision six of section 5-210 of this article or any other law to the 5 contrary, a person who is ineligible to vote who fails to decline to 6 register or pre-register to vote in accordance with the provisions of 7 this section and did not willfully and knowingly seek to register or 8 pre-register to vote knowing that he or she is not eligible to do so: 9 (a) shall not be guilty of any crime as the result of the applicant's 10 failure to make such declination; 11 (b) shall be deemed to have been registered or pre-registered with 12 official authorization; and 13 (c) such act may not be considered as evidence of a claim to citizen- 14 ship. 15 2. Notwithstanding subdivision six of section 5-210 of this article or 16 any other law to the contrary, a person who is ineligible to vote who 17 fails to decline to register or pre-register to vote in accordance with 18 the provisions of this section, who then either votes or attempts to 19 vote in an election held after the effective date of that person's 20 registration, and who did not willfully and knowingly seek to register 21 or pre-register to vote knowing that he or she is not eligible to do so, 22 and did not subsequently vote or attempt to vote knowing that he or she 23 is not eligible to do so: 24 (a) shall not be guilty of any crime as the result of the applicant's 25 failure to make such declination and subsequent vote or attempt to vote; 26 (b) shall be deemed to have been registered or pre-registered with 27 official authorization; and 28 (c) such act may not be considered as evidence of a claim to citizen- 29 ship. 30 § 5-906. Forms. The state board of elections shall promulgate rules 31 and regulations to implement this title. All agency forms and notices 32 required by this title shall be approved by the state board of 33 elections. All applications and notices for use by a board of elections 34 pursuant to this title shall be promulgated by the state board of 35 elections, and no addition or alternation to such forms by a board of 36 elections shall be made without approval of the state board of 37 elections. 38 § 3. The election law is amended by adding a new section 5-308 to read 39 as follows: 40 § 5-308. Enrollment; automatic voter registration. 1. The board of 41 elections shall, promptly and not later than twenty-one days after 42 receipt of a voter registration or pre-registration application submit- 43 ted pursuant to title nine of this article by a voter registering or 44 pre-registering for the first time, send any such voter who did not 45 enroll in a party a notice and a form to indicate party enrollment, with 46 return postage paid by the board of elections. Such notice shall offer 47 the voter the opportunity to enroll with a party or to decline to enroll 48 with a party and contain a statement in prominent type "IF YOU DO NOT 49 CHOOSE A PARTY YOU WILL NOT BE ABLE TO PARTICIPATE IN PRIMARY ELECTIONS 50 FOR THAT PARTY." Such form shall provide a clear alternative for the 51 applicant to decline to affiliate with any party. If the board of 52 elections has not received a response to the party enrollment notice and 53 form within forty-five days of the application, the board shall mail a 54 second similar notice and form to the voter. 55 2. Notwithstanding subdivision two of section 5-304 of this title, if 56 a voter who registered to vote for the first time (or pre-registered)S. 6457--B 6 1 pursuant to title nine of this article responds to the notice required 2 by subdivision one of this section and elects to enroll in a party, such 3 enrollment shall take effect immediately. However, any pre-registrant's 4 registration shall remain classified as "pending" until he or she 5 reaches the age of eligibility. 6 3. If a voter appears at a primary election and votes by affidavit 7 ballot indicating the intent to enroll in such party, such affidavit 8 ballot shall cause the voter to be enrolled immediately in that party if 9 the board of elections determines that the voter registered (or pre-re- 10 gistered) to vote for the first time pursuant to title nine of this 11 article. 12 4. If a voter appears at a primary election and votes by affidavit 13 ballot indicating the intent to enroll in such party, such affidavit 14 ballot shall be cast and counted if the board of elections determines 15 that the voter registered (or pre-registered) to vote at least twenty- 16 five days before that primary pursuant to title nine of this article and 17 such voter is otherwise qualified to vote in such election. 18 § 4. Paragraph (a) of subdivision 2 of section 9-209 of the election 19 law is amended by adding a new subparagraph (vii) to read as follows: 20 (vii) If the board of elections finds that the voter registered (or 21 pre-registered) to vote for the first time pursuant to title nine of 22 article five of this chapter at least twenty-five days before a primary, 23 appeared at such primary election, and indicated on the affidavit ballot 24 envelope the intent to enroll in such party, the affidavit ballot shall 25 be cast and counted if the voter is otherwise qualified to vote in such 26 election. 27 § 5. This act shall take effect on the earlier occurrence of: (i) two 28 years after it shall have become a law; provided, however, the state 29 board of elections shall be authorized to implement necessary rules and 30 regulations and to take steps required to implement this act immediate- 31 ly; or (ii) five days after the date of certification by the state board 32 of elections that the information technology infrastructure to substan- 33 tially implement this act is functional. Provided, further that the 34 state board of elections shall notify the legislative bill drafting 35 commission upon the occurrence of the enactment of the legislation 36 provided for in this act in order that the commission may maintain an 37 accurate and timely effective data base of the official text of the laws 38 of the state of New York in furtherance of effectuating the provisions 39 of section 44 of the legislative law and section 70-b of the public 40 officers law.