S1974-2011 Actions

• Nov 28, 2012: PRINT NUMBER 1974D
• Nov 28, 2012: AMEND AND RECOMMIT TO ELECTIONS
• Jun 4, 2012: PRINT NUMBER 1974C
• Jun 4, 2012: AMEND (T) AND RECOMMIT TO ELECTIONS
• May 30, 2012: PRINT NUMBER 1974B
• May 30, 2012: AMEND (T) AND RECOMMIT TO ELECTIONS
• Jan 5, 2012: PRINT NUMBER 1974A
• Jan 5, 2012: AMEND AND RECOMMIT TO ELECTIONS
• Jan 4, 2012: REFERRED TO ELECTIONS
• Jan 14, 2011: REFERRED TO ELECTIONS

S1974-2011 Memo

BILL NUMBER:S1974

TITLE OF BILL:
An act to amend the election law, the vehicle and traffic law and the
tax law, in relation to enacting the "automatic voter registration act"

PURPOSE OR GENERAL IDEA OF BILL:
The Automatic Voter Registration Act provides for the automatic regis-
tration to vote of persons reaching the age of 18 based on motor vehicle
and tax records.

SUMMARY OF SPECIFIC PROVISIONS:
Amends the election law by adding a new section that will add to exist-
ing voter registration methods. The legislation would require the
Department of Motor Vehicles and the Department of Taxation and Finance
to transmit to the New York State Board of Elections the name and
address of every New York State resident who has or will attain the age
of eighteen years on or before the next general election. The legis-
lation would require the New York State Board of Elections to immediate-
ly register these residents to vote and to transmit the names and
address to the appropriate local hoard of elections.

JUSTIFICATION:
Voting is a fundamental right of all American citizens and every citi-
zen's eligibility is protected by constitutional amendments. Unfortu-
nately, structural hindrances still exist that prevent New York State
residents for voting, including the requirement that a voter must be
registered to vote.

During the presidential race in 2004, only 49% of the total voting age
population actually voted.  The number of registered voters in New York
has since declined over the past three years while the total voting age
population has increased. It is obvious that more must he done to ensure
that New Yorkers eligible to vote are able to vote. The Automatic Voter
Registration Act will help to alleviate one of the barriers that
prevents New Yorkers eligible to vote are able to vote.  The Automatic
Voter Registration Act will help

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S1974-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1974
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Elections
 

AN ACT to amend the election law, the vehicle and traffic  law  and  the
 tax  law,  in  relation  to enacting the "automatic voter registration
 act"
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Short  title. This act shall be known and may be cited as
 the "automatic voter registration act".
 

S 2. The election law is amended by adding a new  section  5-212-a  to
 read as follows:

 

S  5-212-A.  AUTOMATIC VOTER REGISTRATION. 1. IN ADDITION TO ANY OTHER
 METHOD OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE,  EACH  QUALI
 FIED  PERSON  SHALL  BE REGISTERED TO VOTE PURSUANT TO THE PROVISIONS OF
 THIS SECTION.
 2. ON OR BEFORE THE FIRST OF SEPTEMBER, THE DEPARTMENT OF MOTOR  VEHI
 CLES SHALL TRANSMIT TO THE STATE BOARD OF ELECTIONS THE NAME AND ADDRESS
 OF  EVERY CITIZEN OF THE UNITED STATES, WHO IS A RESIDENT OF THIS STATE,
 WHO HAS ATTAINED OR WILL ATTAIN THE AGE OF EIGHTEEN YEARS ON  OR  BEFORE
 THE  NEXT  GENERAL  ELECTION,  AND WHO HOLDS A NON-DRIVER IDENTIFICATION
 CARD, LEARNER'S PERMIT OR DRIVER'S LICENSE PURSUANT TO THE  VEHICLE  AND
 TRAFFIC LAW.
 3. ON OR BEFORE THE FIRST OF SEPTEMBER, THE DEPARTMENT OF TAXATION AND
 FINANCE  SHALL  TRANSMIT  TO  THE  STATE BOARD OF ELECTIONS THE NAME AND
 ADDRESS OF EVERY CITIZEN OF THE UNITED STATES, WHO IS A RESIDENT OF  THE
 STATE,  WHO  HAS ATTAINED OR WILL ATTAIN THE AGE OF EIGHTEEN YEARS ON OR
 BEFORE THE NEXT GENERAL ELECTION,  AND  WHO  HAS  SUBMITTED  A  RESIDENT
 PERSONAL  INCOME  TAX  RETURN  PURSUANT TO ARTICLE TWENTY-TWO OF THE TAX
 LAW.
 4. THE STATE BOARD OF ELECTIONS SHALL COMPILE THE INFORMATION  SUBMIT
 TED  PURSUANT  TO  SUBDIVISIONS  TWO  AND  THREE OF THIS SECTION FOR THE
 PURPOSE OF COMPLYING WITH THE  PROVISIONS  OF  SUBDIVISION  THIRTEEN  OF
 SECTION 3-102 OF THIS CHAPTER, AND WITHIN TEN DAYS OF THE RECEIPT OF THE
 NAMES  AND  ADDRESSES  OF  PERSONS PURSUANT TO SUCH SUBDIVISIONS TWO AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04808-01-1
 
       S. 1974                             2
 THREE, THE STATE BOARD OF ELECTIONS SHALL TRANSMIT EACH  SUCH  NAME  AND
 ADDRESS  TO  THE APPROPRIATE BOARD OF ELECTIONS, BASED UPON THE ADDRESS,
 AND EACH SUCH PERSON SHALL IMMEDIATELY BE REGISTERED TO VOTE.
 5.  THE  STATE BOARD OF ELECTIONS IS AUTHORIZED AND DIRECTED TO ESTAB
 LISH ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS  OF
 THIS SECTION.
 6.  NO  PROVISION  OF  THIS SECTION SHALL BE DEEMED TO PROVIDE FOR THE
 ENROLLMENT OF ANY PERSON IN A PARTY. EVERY PERSON REGISTERED PURSUANT TO
 THIS SECTION MAY ENROLL IN A PARTY BY COMPLYING WITH THE  PROVISIONS  OF
 TITLE THREE OF THIS ARTICLE.
 

S  3.  Subdivisions 2 and 3 of section 5-212-a of the election law, as
 added by section two of this act, are amended to read as follows:

 2. On or before the first of September EACH YEAR,  the  department  of
 motor  vehicles  shall transmit to the state board of elections the name
 and address of every citizen of the United States, who is a resident  of
 this  state,  who  has attained or will attain the age of eighteen years
 AFTER THE DATE OF THE IMMEDIATELY PRECEDING GENERAL ELECTION AND  on  or
 before the next general election, and who holds a non-driver identifica
 tion  card, learner's permit or driver's license pursuant to the vehicle
 and traffic law.
 3. On or before the first of September EACH YEAR,  the  department  of
 taxation  and finance shall transmit to the state board of elections the
 name and address of every citizen of the United States, who is  a  resi
 dent  of  the state, who has attained or will attain the age of eighteen
 years AFTER THE DATE OF THE IMMEDIATELY PRECEDING GENERAL  ELECTION  AND
 on or before the next general election, and who has submitted a resident
 personal  income  tax  return  pursuant to article twenty-two of the tax
 law.
 

S 4.

Section 201 of the vehicle and traffic law is amended by adding a
 new subdivision 8 to read as follows:

 8. NO PROVISION OF THIS  SECTION  SHALL  BE  DEEMED  TO  PROHIBIT  THE
 DEPARTMENT  FROM  COMPLYING  WITH  THE  PROVISIONS OF SUBDIVISION TWO OF
 SECTION 5-212-A OF THE ELECTION LAW. THE INFORMATION  REQUIRED  BY  SUCH
 SUBDIVISION  SHALL  BE  PROVIDED TO THE STATE BOARD OF ELECTIONS WITHOUT
 ANY FEE IMPOSED BY SECTION TWO HUNDRED TWO OF THIS ARTICLE.
 

S 5.

Section 170 of the tax law is amended by adding a new subdivision
 9 to read as follows:

 9. NO PROVISION OF THIS  CHAPTER  SHALL  BE  DEEMED  TO  PROHIBIT  THE
 DEPARTMENT  FROM  COMPLYING  WITH THE PROVISIONS OF SUBDIVISION THREE OF
 SECTION 5-212-A OF THE ELECTION LAW. THE INFORMATION  REQUIRED  BY  SUCH
 SUBDIVISION  SHALL  BE  PROVIDED TO THE STATE BOARD OF ELECTIONS WITHOUT
 ANY CHARGE OR FEE.
 

S 6. The state board of elections shall conduct a study of the practi
 cality and cost-effectiveness of providing automatic voter  registration
 pursuant to section 5-212-a of the election law, as added by section two
 of  this act and amended by section three of this act. In addition, such
 board shall study the feasibility of utilizing  other  state  and  local
 records for the purpose of automatically registering persons to vote. On
 or  before  January 1, 2013, the state board of elections shall submit a
 report of its findings and recommendations pursuant to this  section  to
 the  governor,  temporary  president  of  the  senate and speaker of the
 assembly.
 

S 7. This act shall take effect immediately, except that section three
 of this act shall take effect one year after the effective date of  this
 act.

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