Provides for the provision of voter registration forms to students by colleges, universities and public school districts; authorizes the pre-registration to vote of 16 year olds.

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S542C-2011 Actions

• Apr 11, 2012: PRINT NUMBER 542C
• Apr 11, 2012: AMEND AND RECOMMIT TO ELECTIONS
• Jan 20, 2012: PRINT NUMBER 542B
• Jan 20, 2012: AMEND AND RECOMMIT TO ELECTIONS
• Jan 4, 2012: REFERRED TO ELECTIONS
• May 17, 2011: PRINT NUMBER 542A
• May 17, 2011: AMEND AND RECOMMIT TO ELECTIONS
• Jan 5, 2011: REFERRED TO ELECTIONS

S542C-2011 Memo

BILL NUMBER:S542C

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

PURPOSE:
Improves access to voter registration materials and information for
high school and college students.

SUMMARY OF PROVISIONS:
Section 1 amends � 5-211 of the election law to add a new subdivision
18 requiring all colleges, universities and public school districts
to make voter registration forms available to eligible students
within 3 weeks of the start of the first semester of the school year,
designate a location for distribution of and assistance with such
forms, and to submit any forms collected to the local board of
elections. Also requires information to be posted on school websites
and distribution of coded voter registration forms by the board of
elections.

Section 2 amends � 5-211 of the election law to add public school
districts, colleges and universities to the list of agencies and
offices subject to the provisions of Motor Voter, with duties and
obligations set forth in subdivision 18.

Section 3 amends subdivision 8 of � 5-211 of the election law to add
public school districts, colleges and universities to the list of
agencies and offices subject to the provisions of Motor Voter, with
duties and obligations set forth in subdivision 18.

Section 4 amends notification under paragraph (g) of subdivision 5 of
� 5-210 of the election law to provide that an applicant who submits
a applicant to register to vote must be at least 16 years of age at
the time of submission.

Section 5 amends paragraph 0 of subdivision 4 of section � 5-500 and
adds a new paragraph p to add a new question to voter registration
application verifying that the applicant is at least 16 years of age
at the time of submission.

Section 6 adds a new � 5-507 of the election law to provide that a
person who is at least sixteen years of age and otherwise qualified
to register to vote may pre-register and become automatically
registered upon reaching the age of eligibility, following
verification of the person's qualifications and address.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect July 1, 2012; provided, however, that the
provisions of this act shall only apply to school districts on and
after July 1, 2013.

S542C-2011 Text

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

                                   542--C

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced by Sens. KLEIN, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, HUNT-
    LEY, KRUEGER, MONTGOMERY, OPPENHEIMER, SAMPSON, STAVISKY -- 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  --  recommitted  to  the
    Committee  on  Elections  in  accordance with Senate Rule 6, sec. 8 --
    committee discharged, bill amended, ordered reprinted as  amended  and
    recommitted  to  said committee -- committee discharged, bill amended,
    ordered reprinted as amended and recommitted to said committee

  AN ACT to amend the election law, in relation to voter registration  and
    enrollment

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


    Section 1. Section 5-211 of the election law is amended  by  adding  a
  new subdivision 18 to read as follows:

    18.  ALL COLLEGES, UNIVERSITIES AND PUBLIC SCHOOL DISTRICTS LOCATED IN
  THIS STATE SHALL MAKE VOTER REGISTRATION FORMS AVAILABLE TO ANY ELIGIBLE
  STUDENTS IN THE SAME MANNER AND SUBJECT TO THE SAME PROVISIONS AND RULES
  AND REGULATIONS AS ALL OTHER DESIGNATED AGENCIES; EXCEPT THAT A COLLEGE,
  UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL NOT BE REQUIRED TO COLLECT OR
  MAINTAIN FORMS CONTAINING AN INDIVIDUAL'S  DECLINATION  TO  REGISTER  TO
  VOTE  AS  REQUIRED  BY  SUBDIVISION TEN OF THIS SECTION, OR TO CONDUCT A
  STUDY AND REPORT THEREON AS REQUIRED BY SUBDIVISION  SEVENTEEN  OF  THIS
  SECTION.
    EACH COLLEGE, UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL PROVIDE EACH
  ELIGIBLE  STUDENT  WITH A REGISTRATION FORM WITHIN THE FIRST THREE WEEKS
  OF THE FIRST SEMESTER OF THE ACADEMIC YEAR OR SUCH  STUDENT'S  ENTRY  TO
  SCHOOL  OR  ARRIVAL ON CAMPUS PURSUANT TO SUBDIVISIONS TWO, THREE, FOUR,
  FIVE, SEVEN, NINE, ELEVEN, TWELVE AND FIFTEEN  OF  THIS  SECTION.  EVERY
  COLLEGE,  UNIVERSITY AND PUBLIC SCHOOL DISTRICT SHALL DESIGNATE AT LEAST

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00647-15-2

 S. 542--C                           2

  ONE CONVENIENT CAMPUS LOCATION WHERE STUDENTS MAY RECEIVE  VOTER  REGIS-
  TRATION  FORMS  AND PERSONAL ASSISTANCE IN THE COMPLETION OF SUCH FORMS.
  EACH COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT SHALL  PUBLICIZE  ITS
  VOTER  REGISTRATION  SERVICES  PURSUANT  TO  SUBDIVISION  SEVEN  OF THIS
  SECTION, AND SHALL OFFER TO COLLECT AND TRANSMIT COMPLETED VOTER  REGIS-
  TRATION  FORMS FROM STUDENTS TO THE LOCAL BOARD OF ELECTIONS PURSUANT TO
  SUBDIVISIONS TWO, THREE, FIVE, NINE, ELEVEN, TWELVE AND FIFTEEN OF  THIS
  SECTION.
    ANY COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT MAY ELECT TO SOLICIT
  THE  ASSISTANCE  OF  ONE  OR  MORE  RECOGNIZED NON-PARTISAN CAMPUS BASED
  ORGANIZATIONS OR STUDENT GROUPS  TO  ASSIST  IN  ITS  EFFORTS  TO  OFFER
  PERSONAL  ASSISTANCE,  COLLECTION  AND TRANSMITTAL OF VOTER REGISTRATION
  FORMS.
    IN ADDITION TO THE REQUIREMENTS OF SUBDIVISIONS TWO, FIVE AND EIGHT OF
  THIS SECTION, ALL COLLEGES AND UNIVERSITIES OFFERING VOTER  REGISTRATION
  SERVICES SHALL INFORM STUDENTS OF THEIR RIGHT TO COMPLETE A VOTER REGIS-
  TRATION  FORM  FROM  THEIR  COLLEGE ADDRESS OR ANY ADDRESS AT WHICH SUCH
  STUDENT MAY REGULARLY RESIDE WHEN NOT IN SCHOOL;  INFORM  STUDENTS  THAT
  THEIR  DECISION TO REGISTER OR DECLINE TO REGISTER TO VOTE SHALL HAVE NO
  BEARING ON THEIR COLLEGE OR UNIVERSITY RECORD; AND  NOTWITHSTANDING  THE
  PROVISIONS  OF  SUBDIVISION  NINE  OF THIS SECTION, SHALL NOT INQUIRE OR
  KEEP RECORDS PERTAINING TO ANY STUDENT'S ELIGIBILITY TO VOTE.
    IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF THIS  SECTION,
  ALL  COLLEGES,  UNIVERSITIES  AND  PUBLIC SCHOOL DISTRICTS SHALL PLACE A
  PROMINENT LINK ON THEIR INTERNET WEBSITES TO THE APPROPRIATE PAGE OF THE
  INTERNET WEBSITE OF  THE  STATE  BOARD  OF  ELECTIONS  OR  THE  NATIONAL
  ELECTION ASSISTANCE COMMISSION FOR INDIVIDUALS TO LEARN ABOUT THE QUALI-
  FICATIONS TO VOTE, AND TO DOWNLOAD VOTER REGISTRATION FORMS, EXCEPT THAT
  FOR  COLLEGES  AND UNIVERSITIES IN THE CITY OF NEW YORK AND FOR THE CITY
  SCHOOL DISTRICT OF THE CITY OF NEW YORK SUCH LINK SHALL BE TO THE APPRO-
  PRIATE PAGE OF THE INTERNET WEBSITE  OF  THE  NEW  YORK  CITY  BOARD  OF
  ELECTIONS.    SUCH  LINKS SHALL BE PROMINENTLY FEATURED DURING THE FIRST
  AND LAST THREE WEEKS OF THE ACADEMIC YEAR, AND TWO WEEKS IN  ADVANCE  OF
  STATE  REGISTRATION  DEADLINES  PURSUANT TO SUBDIVISION THREE OF SECTION
  5-210 OF THIS TITLE.
    THE STATE BOARD OF ELECTIONS AND, IN THE CITY OF  NEW  YORK,  THE  NEW
  YORK CITY BOARD OF ELECTIONS SHALL MAKE AVAILABLE TO COLLEGES, UNIVERSI-
  TIES AND SCHOOL DISTRICTS A SUFFICIENT QUANTITY OF CODED VOTER REGISTRA-
  TION  APPLICATIONS  THAT  IDENTIFY  EACH SUCH APPLICATION AS ORIGINATING
  FROM EITHER A COLLEGE, UNIVERSITY OR PUBLIC SCHOOL DISTRICT.  THE  STATE
  BOARD OF ELECTIONS SHALL PROVIDE FOR THE DELIVERY OF SUCH CODED APPLICA-
  TIONS BY THE FIRST DAY OF AUGUST OF EACH YEAR TO ANY COLLEGE, UNIVERSITY
  OR  SCHOOL  DISTRICT  WITHIN THE STATE WHICH SUBMITS A REQUEST THEREFOR,
  EXCEPT THAT THE NEW YORK CITY  BOARD  OF  ELECTIONS  SHALL  PROVIDE  AND
  DELIVER  SUCH  FORMS  TO  ANY  REQUESTING  UNIVERSITY, COLLEGE OR SCHOOL
  DISTRICT LOCATED IN THE CITY OF NEW YORK.
    EVERY BOARD OF  ELECTIONS  SCANNING  VOTER  REGISTRATION  FORMS  SHALL
  CAPTURE ANY DESIGNATED AGENCY CODES THEREON AND REPORT THEM ON A MONTHLY
  BASIS TO THE STATE BOARD OF ELECTIONS.
    S  2.  The  opening paragraph of section 5-211 of the election law, as
  amended by chapter 200 of the laws  of  1996,  is  amended  to  read  as
  follows:

    Each  agency designated as a participating agency under the provisions
  of this section, AND COLLEGE,  UNIVERSITY  AND  SCHOOL  DISTRICT,  shall
  implement and administer a program of distribution of voter registration
  forms  pursuant to the provisions of this section. The following offices

 S. 542--C                           3

  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 department of
  [social services] FAMILY 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 disabilities are the department of labor,  office  for  the  aging,
  division  of veterans' affairs, office of mental health, office of voca-
  tional 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 blind and visually handicapped, office of alcoholism
  and substance abuse services, the office of the advocate for  the  disa-
  bled  and all offices which administer programs established or funded by
  such agencies. Additional state agencies designated as  voter  registra-
  tion  offices  are  the department of state and the division of workers'
  compensation. Such agencies shall be required to offer  voter  registra-
  tion  forms to persons upon initial application for services, renewal or
  recertification for services and change  of  address  relating  to  such
  services.  Such agencies shall also be responsible for providing assist-
  ance 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
  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 shall also make request of the United States Immigration
  and  Naturalization  Service to include applications for registration by
  mail with any materials which are given to new citizens.    [All  insti-
  tutions  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 Janu-
  ary of a year in which the president of  the  United  States  is  to  be
  elected, provide an application for 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,  COLLEGE, UNIVERSITY OR SCHOOL
  DISTRICT, if it determines that it is not feasible for  such  office  or
  program to administer such requirement.
    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 pursuant to this section shall  offer
  with  each  application  for  the services or assistance of such agency,
  department, division or office and with each recertification, renewal or
  change of address form relating to such service or assistance, a  regis-
  tration  form  together  with  instructions  relating  to eligibility to
  register and for completing the form, except that COLLEGES, UNIVERSITIES
  AND SCHOOL  DISTRICTS  SHALL  DISTRIBUTE  VOTER  REGISTRATION  FORMS  IN
  ACCORDANCE  WITH SUBDIVISION EIGHTEEN OF THIS SECTION, AND forms used by
  the department of [social services] FAMILY ASSISTANCE  for  the  initial
  application  for  services,  renewal or recertification for services and
  change of address relating to such services shall physically incorporate

 S. 542--C                           4

  a voter registration application in a fashion  that  permits  the  voter
  registration  portion  of the agency form to be detached therefrom. 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.  Paragraph (g) of subdivision 5 of section 5-210 of the election
  law, as amended by chapter 179 of the laws of 2005, is amended  to  read
  as follows:

    (g)  Notice that the applicant must be a citizen of the United States,
  is [or will be at least eighteen years old not later than December thir-
  ty-first of the calendar year in which he or  she  registers]  AT  LEAST
  SIXTEEN  YEARS  OLD WHEN HE OR SHE SUBMITS AN APPLICATION TO REGISTER TO
  VOTE and a resident of the county or city to which application is made.
    S 5.  Paragraph o of subdivision 4 of section 5-500  of  the  election
  law, as amended by chapter 659 of the laws of 1994, is amended and a new
  paragraph p is added to read as follows:

    o.  A space for "remarks" regarding other facts required by this chap-
  ter to be recorded or appropriate to identify the voter[.]; AND
    P.  A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
  QUESTION: "ARE YOU AT LEAST SIXTEEN YEARS OF AGE AND UNDERSTAND THAT YOU
  MUST BE EIGHTEEN YEARS OF AGE ON OR BEFORE ELECTION  DAY  TO  VOTE,  AND
  THAT UNTIL YOU REACH THE AGE OF EIGHTEEN YEARS YOUR REGISTRATION WILL BE
  MARKED  AS  PENDING  AND  YOU  WILL  BE  UNABLE  TO CAST A BALLOT IN ANY
  ELECTION?".
    S 6. The election law is amended by adding a new section 5-507 to read
  as follows:

    S 5-507. VOTER PRE-REGISTRATION. A PERSON  WHO  IS  AT  LEAST  SIXTEEN
  YEARS  OF  AGE  AND  WHO  IS OTHERWISE QUALIFIED TO REGISTER TO VOTE MAY
  PRE-REGISTER TO VOTE, AND SHALL BE AUTOMATICALLY REGISTERED UPON  REACH-
  ING THE AGE OF ELIGIBILITY, FOLLOWING VERIFICATION OF THE PERSON'S QUAL-
  IFICATIONS AND ADDRESS.
    S  7. This act shall take effect July 1, 2012; provided, however, that
  the provisions of this act shall only apply to school districts  on  and
  after July 1, 2013.