Provides that qualified persons who have never previously registered to vote may register on any day, including a day of election, that the board of elections is open for business; requires establishment of a procedure to enable such registrants to cast their votes at the appropriate polling places.
TITLE OF BILL: An act to amend the election law, in relation to allowing for polling place voter registration for any qualified person who is not registered to vote
PURPOSE OR GENERAL IDEA OF BILL: To provide qualified persons who have never previously registered to vote with the opportunity on the day of an election.
SUMMARY OF SPECIFIC PROVISIONS: Section 5-210 of the election law is amended by adding a new subdivision 1-a.
JUSTIFICATION: This legislation seeks to set parameters and guidelines for Election Day voter registration. Allowing for persons eligible to vote to register to vote up until and on Election Day has increased voter turnout in the six states (Idaho, Maine, Minnesota, New Hampshire, Wisconsin and Wyoming) On average, turnout was 14% higher in EDR states than across the country in the 2004 election cycle. New York consistently ranks near the bottom in voter turnout in the country. It is imperative the state take every action necessary to allow eligible voters the opportunity to register and vote. Most voters do not get excited or involved in elections until the very last moment when often it is too late to register to vote. This must be changed, voters should have the ability to register and vote on Election Day.
PRIOR LEGISLATIVE HISTORY: S.1769 of 2010-2011 - Referred to Elections S.5059A or 2009-2010 - Referred to Elections
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect January 1, 2013.
STATE OF NEW YORK ________________________________________________________________________ 1769--A 2011-2012 Regular Sessions IN SENATE January 12, 2011 ___________Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to allowing for polling place voter registration for any qualified person who is not regis- tered to vote THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 5-210 of the election law is amended by adding a new subdivision 1-a to read as follows: 1-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE RELATING TO REGISTRATION REQUIREMENTS, ANY QUALIFIED PERSON WHO IS NOT REGISTERED IN THIS STATE MAY APPLY PERSONALLY FOR REGISTRATION AND ENROLLMENT BY APPEARING AT THE APPROPRIATE POLLING PLACE FOR THE ELECTION DISTRICT IN WHICH HE OR SHE RESIDES ON ANY DAY OF ELECTION, PRIMARY, GENERAL, OR SPECIAL, DURING THE HOURS THAT SUCH POLLING PLACE IS OPEN FOR VOTING. TO BE ELIGIBLE TO REGISTER PURSUANT TO THIS SUBDIVISION, A PERSON MUST PROVIDE ACCEPTABLE FORMS OF IDENTIFICATION CONTAINING PROOF OF RESI- DENCE, AS DETERMINED BY STATE LAW IMPLEMENTING THE HELP AMERICANS VOTE ACT OF 2002 (PUBLIC LAW 107-252). ANY PERSON WHO SO REGISTERS TO VOTE SHALL EXECUTE THE FOLLOWING INSTRUMENT IN SUBSTANTIALLY THE FOLLOWING FORM: "I, (NAME), DO HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT, TO THE BEST OF MY KNOWLEDGE, I AM A QUALIFIED VOTER, HAVING RESIDED AT (PLACE OF RESIDENCE) FOR AT LEAST THIRTY DAYS IMMEDIATELY PRECEDING THIS ELECTION, THAT I AM NOT DISQUALIFIED ON ANY LEGAL GROUNDS FROM VOTING, AND THAT I HAVE NOT ALREADY VOTED AT THIS ELECTION." (B) IF A REGISTRANT IS UNABLE TO PROVIDE VALID PROOF OF RESIDENCE AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION, SUCH REGISTRANT MAY BE ALLOWED TO REGISTER FOR AND VOTE IN ANY ELECTION BY AFFIDAVIT BALLOT.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06740-02-1 S. 1769--A 2
SUCH AFFIDAVIT BALLOT SHALL NOT BE COUNTED UNTIL ELECTION OFFICIALS CAN DETERMINE SUCH REGISTRANT'S RESIDENCE AND ELIGIBILITY TO VOTE. (C) THE BOARD OF ELECTIONS SHALL ESTABLISH A PROCEDURE BY WHICH A PERSON WHO REGISTERS PURSUANT TO THIS SUBDIVISION MAY CAST HIS OR HER VOTE AT THE APPROPRIATE POLLING PLACE. S 2. This act shall take effect January 1, 2013.