Bill S2801-2013

Allows any qualified person to apply for voter registration and enrollment by application made with an application for any hunting or fishing license

Allows any qualified person to apply for voter registration and enrollment by application made with an application for any hunting or fishing license.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Feb 26, 2014: ADVANCED TO THIRD READING
  • Feb 11, 2014: 2ND REPORT CAL.
  • Feb 10, 2014: 1ST REPORT CAL.151
  • Jan 8, 2014: REFERRED TO ELECTIONS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 3, 2013: referred to election law
  • Jun 3, 2013: DELIVERED TO ASSEMBLY
  • Jun 3, 2013: PASSED SENATE
  • Apr 24, 2013: ADVANCED TO THIRD READING
  • Apr 23, 2013: 2ND REPORT CAL.
  • Apr 22, 2013: 1ST REPORT CAL.367
  • Jan 23, 2013: REFERRED TO ELECTIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Elections - Apr 22, 2013
Ayes (5): O'Mara, Ball, Gallivan, Nozzolio, Savino
Ayes W/R (4): Marchione, Tkaczyk, Dilan, Krueger
VOTE: COMMITTEE VOTE: - Elections - Feb 10, 2014
Ayes (7): O'Mara, Ball, Gallivan, Marchione, Nozzolio, Savino, Tkaczyk
Ayes W/R (1): Dilan
Nays (1): Krueger

Memo

BILL NUMBER:S2801         REVISED 02/27/2014

TITLE OF BILL: An act to amend the election law, in relation to the registration and enrollment of voters

PURPOSE:

To allow individuals the opportunity to register to vote at the same time they apply for a hunting license, fishing license, and any combination of both.

SUMMARY OF PROVISIONS:

Section 1 - amends the election law, in relation to the registration and enrollment of voters, by adding a new section 5-217 to allow for any qualified individual to apply for voter registration simultaneously with their application for a hunting license, fishing license, or any combination of both.

Subdivision 2 - states the Department of Environmental Conservation (DEC), with the approval of the Board of Elections will design a form that will serve as an application for registration and enrollment, and clarifies that DEC will incur the costs for the creation of such form.

Subdivision 3 - outlines the voter registration portion of the form will do the following; not require any information that duplicates the information required on the application for the license portion, and will require the applicant's signature, include a statement of the eligibility requirements for voter registration and require the applicant to attest by their signature they meet the requirements under penalty of perjury, and inform the applicant of the voter eligibility requirements, penalties for the submission of false registration application, and the information will remain confidential, and only used for voter registration purposes.

Subdivision 4 - states the form will ask if the applicant would like to register to vote, if they are not already registered to vote where they currently live and if the applicant would like to decline to register to vote. The application will include a statement that informs the applicant they have the right to decline to vote. The application will also inform the applicant assistance and privacy to fill out the application is available, and inform the applicant if they believe that someone has interfered with their right to register, decline to register, their right to privacy, or the right of the applicant to choose their own political party or other political preference they may file a complaint for the state board of elections.

Subdivision 5 - states the DEC will retain the form containing the declination to register to vote for the same period of time that they retain the accompanying application, or for a short period of time, that has been approved by the board of elections.

Subdivision 6 - states the DEC will transmit the completed application to register, or the change of address to the board of elections no later than ten days after they receive it, except if all applications and forms received by the DEC are transmitted in a way that assures the board of elections received the application no later than the

twentieth day before the election, and requires all transmittals include the original signatures.

Subdivision 7 - states the completed application forms received by the DEC no later than the twenty-fifth day before the next ensuing primary, general or special election and transmitted by such department to the appropriate board of elections, so they are received no later than the twentieth day before the election that will entitle the applicant to vote in such election shall entitle the applicant to vote in such election provided the board determines that the applicant if otherwise qualified.

Subdivision 8 - prohibits the disclosure of voter registration information for any other purpose than voter registration by DEC or its employees.

Subdivision 9 - states the board of elections to process the application and send appropriate notice of approval or rejection.

Subdivision 10 - states that there will be strict neutrality with respect to an individual's party enrollment and all individuals seeking to register to vote will be told that government services are not conditioned on being registered to vote.

Subdivision 11 - states that no statements shall be made, or any actions taken, that will discourage an individual from registering to vote.

Subdivision 12 - states the DEC will provide each person who registers to vote with the same assistance that they provide when a person fills out their application forms, unless the person refuses assistance.

Subdivision 13 - states the Board of Elections will adopt the rules and regulations as may be necessary, to carry out the requirements of this section. The board will also adopt the rules and regulations as may be necessary to require county boards and the DEC to provide the state board of elections with the information and data as the board of elections deems necessary to assess compliance with this section and to compile the statistics as required by the federal elections commission.

Subdivision 14 - states the board of elections will develop and distribute public information and promotional materials relating to the purposes and implementation of this program.

Subdivision 15 - states the State Board of Elections will prepare and distribute written instruction to the DEC and shall be responsible for establishing training programs for DEC employees.

Subdivision 16 - states the Commissioner of the DEC will take all actions which are necessary and proper for the implementation of this section. The DEC Commissioner will designate one person within the agency as the agency voter registration coordinator who will, under the direction of the state Board of Elections, be responsible for the voter registration program.

Section 2 - states that this act will take effect on the one hundredth day after it shall become a law, provided that effective immediately, the additional, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

JUSTIFICATION:

In 1993, the National Voter Registration Act was signed into law by President Bill Clinton. Also known as the "Moter Voter Act," this legislation included provisions that required states to provide all citizens the opportunity to register to vote when they applied for, or renewed their driver's license. Eligible voters were also afforded the opportunity to register to vote while they were applying for public assistance at the Department of Social Services.

This legislation aims to increase voter registration in New York State, by allowing individuals the opportunity to vote, while they apply for a hunting license, fishing license, or a combination of both.

According to the Department of Environmental Conservation (DEC), there are nearly 700,000 New Yorkers that hunt each year. This legislation, through a thoroughly regulated process, will expand the ability and increase the accessibility for New Yorkers to register to vote.

LEGISLATIVE HISTORY:

06/03/13 - Passed Senate 6/11/12 - Passed Senate 2009-2010 - A.2960, Held for consideration in election law 2007-2008 - A.3875, Held for considering in election law 2005-2006 - A.0374, Held for considering in election law

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundredth day after it shall become a law, provided that effective immediately, the additional, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 2801 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. BALL -- 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 the registration and enrollment of voters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The election law is amended by adding a new section 5-217 to read as follows: S 5-217. ADDITIONAL REGISTRATION. 1. IN ADDITION TO ANY OTHER METHOD OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED PERSON MAY APPLY FOR REGISTRATION AND ENROLLMENT BY APPLICATION MADE SIMULTANE- OUSLY AND INTEGRATED WITH AN APPLICATION FOR ANY TYPE OF HUNTING LICENSE, A FISHING LICENSE, AND ANY COMBINATION OF BOTH. 2. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WITH THE APPROVAL OF THE STATE BOARD OF ELECTIONS, SHALL DESIGN A FORM OR FORMS WHICH SHALL, IN ADDITION TO ELICITING SUCH INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A HUNTING LICENSE AND/OR FISHING LICENSE, SERVE AS AN APPLICATION FOR REGISTRATION AND ENROLL- MENT, OR A REGISTRATION NECESSITATED BY A CHANGE OF RESIDENCE. THE COST OF SUCH FORMS SHALL BE BORNE BY THE DEPARTMENT OF ENVIRONMENTAL CONSER- VATION. 3. THE VOTER REGISTRATION PORTION OF SUCH FORMS SHALL: (A) NOT REQUIRE ANY INFORMATION THAT DUPLICATES THE INFORMATION REQUIRED ON THE APPLICATION FOR THE LICENSE PORTION AND SHALL REQUIRE ONLY SUCH ADDITIONAL INFORMATION, INCLUDING THE APPLICANT'S SIGNATURE, AS WILL ENABLE ELECTION OFFICIALS TO ASSESS THE APPLICANT'S ELIGIBILITY TO REGISTER TO VOTE, PREVENT DUPLICATE REGISTRATION AND TO ADMINISTER VOTER REGISTRATION AND OTHER PARTS OF THE ELECTION PROCESS; (B) INCLUDE A STATEMENT OF THE ELIGIBILITY REQUIREMENTS FOR VOTER REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST BY HIS OR HER
SIGNATURE THAT HE OR SHE MEETS SUCH REQUIREMENTS UNDER PENALTY OF PERJU- RY; AND (C) INFORM THE APPLICANT, IN PRINT IDENTICAL TO THAT USED IN THE ATTESTATION SECTION OF THE FOLLOWING: (I) VOTER ELIGIBILITY REQUIREMENTS; (II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION; (III) THAT THE OFFICE WHERE THE APPLICANT REGISTERS SHALL REMAIN CONFIDENTIAL AND THE INFORMATION SHALL BE USED ONLY FOR VOTER REGISTRA- TION PURPOSES; (IV) IF THE APPLICANT DECLINES TO REGISTER, HIS OR HER DECLINATION SHALL REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION PURPOSES. 4. INCLUDED ON THE FORM OR ON A SEPARATE FORM SHALL BE: (A) THE QUESTION, "IF YOU ARE NOT REGISTERED TO VOTE WHERE YOU LIVE NOW, WOULD YOU LIKE TO APPLY TO REGISTER HERE TODAY"; (B) BOXES FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE APPLICANT WOULD LIKE TO REGISTER OR DECLINE TO REGISTER TO VOTE; (C) THE STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME."; (D) THE STATEMENT, "IF YOU WOULD LIKE HELP IN FILLING OUT THE VOTER REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION WHETHER TO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICATION FORM IN PRIVATE."; (E) THE STATEMENT, "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED WITH YOUR RIGHT TO REGISTER OR DECLINE TO REGISTER TO VOTE, YOUR RIGHT TO PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLI- TICAL PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE STATE BOARD OF ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER)."; AND (F) A TOLL FREE NUMBER AT THE STATE BOARD OF ELECTIONS THAT CAN BE CALLED FOR ANSWERS TO REGISTRATION QUESTIONS. 5. THE FORM CONTAINING THE DECLINATION TO REGISTER TO VOTE SHALL BE RETAINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE SAME PERIOD OF TIME AS SUCH DEPARTMENT RETAINS THE ACCOMPANYING APPLICATION FOR SERVICES OR FOR SUCH SHORTER PERIOD OF TIME AS MAY BE APPROVED BY THE STATE BOARD OF ELECTIONS. 6. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL TRANSMIT THAT PORTION OF THE FORM WHICH CONSTITUTES THE COMPLETED APPLICATION FOR REGISTRATION OR CHANGE OF ADDRESS FORM TO THE APPROPRIATE BOARD OF ELECTIONS NOT LATER THAN TEN DAYS AFTER RECEIPT EXCEPT THAT ALL SUCH COMPLETED APPLICATIONS AND FORMS RECEIVED BY THE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION BETWEEN THE THIRTIETH AND TWENTY-FIFTH DAY BEFORE AN ELECTION SHALL BE TRANSMITTED IN SUCH MANNER AND AT SUCH TIME AS TO ASSURE THEIR RECEIPT BY SUCH BOARD OF ELECTIONS NOT LATER THAN THE TWEN- TIETH DAY BEFORE SUCH ELECTION. ALL TRANSMITTALS SHALL INCLUDE ORIGINAL SIGNATURES. 7. COMPLETED APPLICATION FORMS RECEIVED BY THE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION NOT LATER THAN THE TWENTY-FIFTH DAY BEFORE THE NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION AND TRANSMITTED BY SUCH DEPARTMENT TO THE APPROPRIATE BOARD OF ELECTIONS SO THAT THEY ARE RECEIVED NOT LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION SHALL ENTITLE THE APPLICANT TO VOTE IN SUCH ELECTION PROVIDED THE BOARD DETER- MINES THAT THE APPLICANT IS OTHERWISE QUALIFIED. 8. DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA- TION TO REGISTER, BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ITS
AGENTS OR EMPLOYEES, FOR OTHER THAN VOTER REGISTRATION PURPOSES, SHALL BE DEEMED AN UNWARRANTED INVASION OF PERSONAL PRIVACY PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFI- CERS LAW AND SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER. 9. APPLICATION FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF THE APPLI- CANT IS ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH COUNTY OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF THIS TITLE. THE BOARD SHALL SEND THE APPROPRIATE NOTICE OF APPROVAL OR REJECTION AS REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION FIVE OF SUCH SECTION 5-208. 10. STRICT NEUTRALITY WITH RESPECT TO A PERSON'S PARTY ENROLLMENT SHALL BE MAINTAINED AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND INFORMATION SHALL BE ADVISED THAT GOVERNMENT SERVICES ARE NOT CONDI- TIONED ON BEING REGISTERED TO VOTE. 11. NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLICANT FROM REGISTERING TO VOTE. 12. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL PROVIDE TO EACH PERSON WHO CHOOSES TO REGISTER TO VOTE THE SAME LEVEL OF ASSISTANCE PROVIDED TO PERSONS IN CONNECTION WITH THE COMPLETION OF THE AGENCY'S OWN FORMS, UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE. 13. THE STATE BOARD OF ELECTIONS SHALL ADOPT SUCH RULES AND REGU- LATIONS AS MAY BE NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION. THE BOARD SHALL ALSO ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO REQUIRE COUNTY BOARDS AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO PROVIDE THE STATE BOARD WITH SUCH INFORMATION AND DATA AS THE BOARD DEEMS NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION AND TO COMPILE SUCH STATISTICS AS MAY BE REQUIRED BY THE FEDERAL ELECTIONS COMMISSION. 14. THE STATE BOARD OF ELECTIONS SHALL DEVELOP AND DISTRIBUTE PUBLIC INFORMATION AND PROMOTIONAL MATERIALS RELATING TO THE PURPOSES AND IMPLEMENTATION OF THIS PROGRAM. 15. THE STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION OF THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS FOR EMPLOYEES OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION INVOLVED IN SUCH PROGRAM. 16. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL TAKE ALL ACTIONS WHICH ARE NECESSARY AND PROPER FOR THE IMPLEMENTATION OF THIS SECTION. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL DESIGNATE ONE PERSON WITHIN THE AGENCY AS THE AGENCY VOTER REGISTRATION COORDINA- TOR WHO WILL, UNDER THE DIRECTION OF THE STATE BOARD OF ELECTIONS, BE RESPONSIBLE FOR THE VOTER REGISTRATION PROGRAM IN SUCH AGENCY. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

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