Provides that the board of elections shall transfer a registration and enrollment of a voter to wherever they move in the state, even if the voter moves to a new county.
BILL NUMBER:S1990 REVISED MEMO 05/08/2014
TITLE OF BILL: An act to amend the election law, in relation to a universal jurisdiction voting act
PURPOSE OR GENERAL IDEA OF BILL:
To increase voter participation in the election process by allowing those who move to another county or city to vote in their new residential district.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends § 5-208 of the Election Law by replacing the words "city" and "county" with the words "New York State."
Section 2 amends § 8-302 of the Election Law replaces the phrase "the county or city" with the words "New York State."
New York State's Election Law currently only allows those citizens who move within a city or county to vote in their new election district. Voters who move between the five boroughs of New York City and within any county may show up at the correct polling center and vote via affidavit ballot. Voters who move from Brooklyn to Suffolk County, however, are barred from voting on Election Day unless they update their registration in time for the election.
The Universal Jurisdiction voting Act will amend New York State's Election Law by allowing voters who move anywhere within the State to vote at the polling center in their new election district. This legislation would verify affidavit ballots using the Statewide voter file to enfranchise New Yorkers who have registered but failed to update their address with the Board of Elections.
PRIOR LEGISLATIVE HISTORY:
2011-12: S.5236 - Referred to Elections 2009-10: A.7011 Referred to Election Law.
STATE OF NEW YORK ________________________________________________________________________ 1990 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to a universal jurisdic- tion voting act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1, 4, and 8 of section 5-208 of the election law, subdivisions 1 and 8 as amended by chapter 200 of the laws of 1996, subdivision 4 as added by chapter 659 of the laws of 1994, are amended to read as follows: 1. The board of elections shall transfer the registration and enroll- ment of any voter for whom it receives a notice of change of address to another address in
[the same county or city]NEW YORK STATE, or for any voter who casts a ballot in an affidavit ballot envelope which sets forth such a new address. Such notices shall include, but not be limit- ed to, notices received from any state agency which conducts a voter registration program pursuant to the provisions of sections 5-211 and 5-212 of this title, that the voter has notified such agency of a change of address in [the same city or county]NEW YORK STATE unless the voter has indicated that such change of address is not for voter registration purposes, notices of change of address from the United States Postal Service through the National Change of Address System, any notices of a forwarding address on mail sent to a voter by the board of elections and returned by the postal service, national or state voter registration forms, confirmation mailing response cards, United States Postal Service notices to correspondents of change of address, applications for regis- tration from persons already registered in [such county or city]NEW YORK STATE, or any other notices to correspondents sent to the board of elections by such voters.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03430-01-3 S. 1990 2
4. If such application for registration from a voter already regis- tered in
[such county or city]NEW YORK STATE also reflects a change of enrollment, the board of elections shall treat such application as an application for change of enrollment pursuant to section 5-304 of this article. 8. If the board of elections receives notice of a change of address within [such city or county]NEW YORK STATE from, or with respect to, a person who it determines is not registered in [such county or city]NEW YORK STATE, it shall forthwith send such person a notice to that effect in a form approved by the state board of elections at the new address set forth in such notice of change of address, together with a voter registration form. S 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section 8-302 of the election law, as amended by chapter 164 of the laws of 2010, is amended to read as follows: (ii) He or she may swear to and subscribe an affidavit stating that he or she has duly registered to vote, the address in such election district from which he or she registered, that he or she remains a duly qualified voter in such election district, that his or her registration poll record appears to be lost or misplaced or that his or her name and/or his or her signature was omitted from the computer generated registration list or that he or she has moved within [the county or city]NEW YORK STATE since he or she last registered, the address from which he or she was previously registered and the address at which he or she currently resides, and at a primary election, the party in which he or she is enrolled. The inspectors of election shall offer such an affi- davit to each such voter whose residence address is in such election district. Each such affidavit shall be in a form prescribed by the state board of elections, shall be printed on an envelope of the size and quality used for an absentee ballot envelope, and shall contain an acknowledgment that the affiant understands that any false statement made therein is perjury punishable according to law. Such form prescribed by the state board of elections shall request information required to register such voter should the county board determine that such voter is not registered and shall constitute an application to register to vote. The voter's name and the entries required shall then be entered without delay and without further inquiry in the fourth section of the challenge report or in the place provided at the end of the computer generated registration list, with the notation that the voter has executed the affidavit hereinabove prescribed, or, if such person's name appears on the computer generated registration list, the board of elections may provide a place to make such entry next to his or her name on such list. The voter shall then, without further inquiry, be permitted to vote an affidavit ballot provided for by this chapter. Such ballot shall thereupon be placed in the envelope containing his or her affidavit, and the envelope sealed and returned to the board of elections in the manner provided by this chapter for protested official ballots, including a statement of the number of such ballots. S 3. This act shall take effect immediately.