S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3788

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by M. of A. KATZ, McLAUGHLIN, REILICH, RAIA, CURRAN, HAWLEY,
  McDONOUGH, LOSQUADRO, CROUCH, CASTRO, FINCH, TENNEY, WEPRIN --  Multi-
  Sponsored  by  --  M. of A. ARROYO, BARCLAY, SALADINO -- read once and
  referred to the Committee on Election Law

AN ACT to amend the election law,  in  relation  to  requiring  a  valid
  government issued photo identification card to be presented when cast-
  ing a ballot

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 8-303 of the election law, as added by chapter  420
of  the  laws of 2004, subparagraph 1 of paragraph (b) of subdivision 3,
as amended by chapter 160 of the laws of 2005, is  amended  to  read  as
follows:
  S  8-303. [Initial voter] VOTER identification. 1. Applicability. Each
board of elections, in a uniform  and  nondiscriminatory  manner,  shall
require  a  voter  to  meet  the requirements of subdivision two of this
section [if:
  (a) the individual registered to vote in a jurisdiction by mail on  or
after January first, two thousand three; and
  (b) the individual has not previously voted in an election for federal
office in the jurisdiction of the board of elections].
  2.  Requirements. (a) In general. An individual meets the requirements
of this subdivision if the individual:
  (1) in the case of an individual who votes in person[:  (i)], presents
to the appropriate election inspector, clerk or  coordinator  a  current
and valid GOVERNMENT ISSUED photo identification[; or
  (ii)  presents to the appropriate election inspector, clerk or coordi-
nator a copy of a  current  utility  bill,  bank  statement,  government
check,  paycheck,  or  other government document that shows the name and
address of the voter;] or
  (2) in the case of an individual who votes by  mail,  submits  in  the
outer  envelope with the envelope containing the ballot[: (i)] a copy of
a current and valid GOVERNMENT ISSUED photo identification[; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD08017-01-3

A. 3788                             2

  (ii) a copy of a current  utility  bill,  bank  statement,  government
check,  paycheck,  or  other government document that shows the name and
address of the voter].
  (3)  A  VALID AND CURRENT GOVERNMENT ISSUED PHOTO IDENTIFICATION SHALL
INCLUDE: A NEW YORK STATE DRIVER'S LICENSE OR NON-DRIVER  ID;  A  UNITED
STATES PASSPORT; AN IDENTIFICATION CARD ISSUED BY A UNITED STATES EDUCA-
TIONAL  INSTITUTION;  A  UNITED  STATES  MILITARY IDENTIFICATION CARD; A
GOVERNMENT ISSUED MEDICAL CARD OR ANY IDENTIFICATION CARD ISSUED BY  THE
UNITED STATES OR THE STATE OF NEW YORK.
  (b) Fail-safe voting. (1) An individual who desires to vote in person,
but [who does not meet the requirements of subparagraph one of paragraph
(a) of this subdivision] DOES NOT POSSESS A CURRENT AND VALID GOVERNMENT
ISSUED PHOTO IDENTIFICATION, may cast an affidavit ballot[, and notwith-
standing this section of law, such]. SUCH affidavit ballot shall be duly
cast  and  counted[,  even  though  such  individual  does  not meet the
requirements of subparagraph one of paragraph (a) of this  subdivision,]
provided  such  individual  casting such ballot is an otherwise eligible
voter pursuant to law,  [provided  further]  THAT  THE  LOCAL  BOARD  OF
ELECTIONS  DETERMINES THE VALIDITY OF THE AFFIDAVIT BALLOT AND that such
ballot otherwise complies with the requirements of law.
  (2) An individual who desires to vote by mail but who does  not  [meet
the  requirements  of subparagraph two of paragraph (a) of this subdivi-
sion] POSSESS A CURRENT AND VALID GOVERNMENT  ISSUED  PHOTO  IDENTIFICA-
TION,  may cast such a ballot by mail and such ballot shall be duly cast
and counted[, notwithstanding this  section,]  provided  [the  voter  is
determined to be an eligible voter and provided further], THAT THE LOCAL
BOARD  OF  ELECTIONS  DETERMINES  THE VALIDITY OF THE BALLOT BY MAIL AND
that such ballot otherwise complies with the requirements of law.
  3. Inapplicability. Subdivisions one and two of this section shall not
apply in the case of a person: (a) who registers to  vote  by  mail  and
submits as part of such registration [either:
  (1)] a copy of a current and valid GOVERNMENT ISSUED photo identifica-
tion; or
  [(2)  a  copy  of  a  current utility bill, bank statement, government
check, paycheck, or government document that shows the name and  address
of the voter;]
  (b)  [(1)]  who registers to vote by mail and submits with such regis-
tration either:
  [(i)] (1) a driver's license or a department of  motor  vehicles  non-
driver photo ID number; or
  [(ii)]  (2)  at  least the last four digits of the individual's social
security number; and [(2)]  with  respect  to  whom  a  local  board  of
elections  matches the information submitted under [subparagraph one of]
this paragraph with an existing state identification record bearing  the
number, name and date of birth of such voter; [or
  (c)  who  is:  (1)]  (3)  SUCH  PERSON IS entitled to vote by absentee
ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1 et seq.);
  [(2)] (4) SUCH PERSON IS provided the right to vote otherwise than  in
person  under section 3 (b) (2) (B) (ii) of the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2)  (B)  (ii));
or
  [(3)]  IS  entitled  to  vote otherwise than in person under any other
federal law.
  S 2. This act shall take effect immediately.