S T A T E   O F   N E W   Y O R K
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                                   394

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. DINOWITZ, KAVANAGH, JAFFEE, BUCHWALD, OTIS, SCAR-
  BOROUGH -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, CLARK, COLTON,
  GLICK,  GOTTFRIED,  GUNTHER,  PERRY  --  read once and referred to the
  Committee on Election Law

AN ACT to amend the election law, in relation to designating  the  state
  and  city universities of New York as participating agencies for voter
  registration form distribution and assistance,  and  permitting  inde-
  pendent institutions of higher education to do the same upon request

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

  Section 1. The opening paragraph of section 5-211 of the election law,
as amended by chapter 265 of the laws of 2013, is  amended  to  read  as
follows:
  Each  agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this  section.
The  following  offices  which  provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with disabilities are hereby designated as voter registration  agencies:
designated as the state agencies which provide public assistance are the
office  of  children  and  family  services, the office of temporary and
disability assistance and the department of health. Also  designated  as
public  assistance  agencies  are  all agencies of local government that
provide such assistance.  Designated  as  state  agencies  that  provide
programs primarily engaged in providing services to people with disabil-
ities  are  the  department  of labor, office for the aging, division of
veterans' affairs, office of mental health,  office  of  vocational  and
educational  services  for  individuals with disabilities, commission on
quality of care for the mentally disabled, office [of mental retardation
and] FOR PEOPLE WITH  developmental  disabilities,  commission  for  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01109-01-5

A. 394                              2

blind,  office of alcoholism and substance abuse services, the office of
the advocate for the disabled and all offices which administer  programs
established or funded by such agencies. Additional [state] PARTICIPATING
agencies  designated as voter registration offices are the department of
state [and], the [division] DISTRICT OFFICES  of  THE  workers'  compen-
sation  BOARD  AND  ALL INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK
AND THE CITY UNIVERSITY OF NEW YORK; AND ANY DEGREE-GRANTING INSTITUTION
OF HIGHER EDUCATION DESCRIBED  IN  ARTICLES  ONE  HUNDRED  FIFTEEN,  ONE
HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE HUNDRED TWENTY-SIX AND
ONE  HUNDRED  TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH ELECTS
TO BE A PARTICIPATING AGENCY BY FILING WITH THE STATE BOARD OF ELECTIONS
A NOTICE IN WHICH IT MAKES AN ELECTION. Such agencies shall be  required
to  offer  voter  registration forms to persons upon initial application
for services, FOR PARTICIPATION IN ACTIVITIES OR FOR USE OF  FACILITIES,
AND  UPON  renewal  or  recertification  for services and UPON change of
address relating to such services, PARTICIPATION IN ACTIVITIES OR USE OF
FACILITIES OF THE AGENCY. Such agencies shall also  be  responsible  for
providing  assistance  to  applicants  in  completing voter registration
forms, receiving and transmitting the completed  application  form  from
all applicants who wish to have such form transmitted to the appropriate
board  of  elections.  The state board of elections shall, together with
representatives of the UNITED STATES department of defense, develop  and
implement  procedures  for  including  recruitment  offices of the armed
forces of the United States as  voter  registration  offices  when  such
offices  are  so designated by federal law. The state board OF ELECTIONS
shall also make request of the United States [Immigration and  Naturali-
zation Service] CITIZENSHIP AND IMMIGRATION SERVICES to include applica-
tions for registration by mail with any materials which are given to new
citizens.  All  institutions of the state university of New York and the
city university of New York, shall, at the beginning of the school year,
and again in January of a year in which  the  president  of  the  United
States  is  to be elected, provide an application for VOTER registration
to each student in each such institution. The state board  of  elections
may,  by  regulation, grant a waiver from any or all of the requirements
of this section to any office or program of an agency, if it  determines
that  it  is  not feasible for such office or program to administer such
requirement.
  S 2. Subdivision 4 of section 5-211 of the election law, as  added  by
chapter 659 of the laws of 1994, is amended to read as follows:
  4.  Each participating agency shall provide to each applicant who does
not decline to register to vote  the  same  degree  of  assistance  with
regard  to  the  completion  of  the registration application form as is
provided by the agency with regard to the completion  of  its  own  form
unless  the  applicant  refuses such assistance. ALL INSTITUTIONS OF THE
STATE UNIVERSITY OF NEW YORK AND  ALL  DEGREE-GRANTING  INSTITUTIONS  OF
HIGHER  EDUCATION DESCRIBED IN ARTICLES ONE HUNDRED FIFTEEN, ONE HUNDRED
TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE  HUNDRED  TWENTY-SIX  AND  ONE
HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH HAVE ELECTED
TO  BE  PARTICIPATING AGENCIES PURSUANT TO THE OPENING PARAGRAPH OF THIS
SECTION SHALL ALSO PROVIDE SUCH LEVEL OF ASSISTANCE TO EACH  PERSON  WHO
WISHES TO COMPLETE AN APPLICATION FOR AN ABSENTEE BALLOT.
  S  3.  The  opening paragraph of subdivision 8 of section 5-211 of the
election law, as amended by chapter 659 of the laws of 1994, is  amended
to read as follows:
  Each  participating  agency, department, division or office that makes
available voter registration forms OR ABSENTEE BALLOT  APPLICATIONS,  OR

A. 394                              3

BOTH, pursuant to this section shall offer with each application for the
services or assistance, PARTICIPATION IN ACTIVITIES OR USE OF FACILITIES
of  such  agency, department, division or office and with each recertif-
ication,  renewal  or change of address form relating to such service or
assistance, PARTICIPATION IN ACTIVITIES OR USE OF FACILITIES,  a  regis-
tration  form  together  with  instructions  relating  to eligibility to
register and for completing the form  except  that  forms  used  by  the
department of [social services] FAMILY ASSISTANCE for the initial appli-
cation  for services, renewal or recertification for services and change
of address relating to such  services  shall  physically  incorporate  a
voter  registration  application  in  a  fashion  that permits the voter
registration portion of the agency form to be  detached  therefrom.  ALL
INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK AND ALL DEGREE-GRANTING
INSTITUTIONS  OF  HIGHER  EDUCATION  DESCRIBED  IN  ARTICLES ONE HUNDRED
FIFTEEN, ONE HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE,  ONE  HUNDRED
TWENTY-SIX AND ONE HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW
WHICH  HAVE ELECTED TO BE PARTICIPATING AGENCIES PURSUANT TO THE OPENING
PARAGRAPH OF THIS SECTION SHALL ALSO OFFER EACH SUCH APPLICANT AN APPLI-
CATION FOR AN ABSENTEE BALLOT. Such voter registration application shall
be designed so as to ensure the confidentiality of  the  source  of  the
application.  Included  on  each  participating agency's application for
services or assistance or on a separate form shall be:
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective  immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.