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

                                  6041

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 28, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the election law, in relation to enacting  the  "Modern-
  ized Voter Registration Act of New York"

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

  Section 1. This act shall be known and may be cited as the "Modernized
Voter Registration Act of New York".
  S 2. The election law is amended by adding four  new  sections  5-200,
5-201, 5-205 and 5-207 to read as follows:
  S  5-200.  AUTOMATED VOTER REGISTRATION.  1. NOTWITHSTANDING ANY OTHER
MANNER OF REGISTRATION REQUIRED BY THIS  ARTICLE,  EACH  PERSON  IN  THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF THIS ARTICLE, SHALL
BE  AUTOMATICALLY  REGISTERED  TO  VOTE  AS  PROVIDED  IN  THIS SECTION,
PROVIDED THAT THE PERSON CONSENTS TO VOTER REGISTRATION.
  2. THE STATE BOARD OF ELECTIONS OR COUNTY  BOARD  OF  ELECTIONS  SHALL
REGISTER  TO VOTE OR UPDATE THE REGISTRATION RECORD OF ANY PERSON IN THE
STATE QUALIFIED TO VOTE PURSUANT TO SECTION 5-102 OF  THIS  ARTICLE  WHO
CONSENTS TO THE REGISTRATION OR UPDATE AND DOES ANY OF THE FOLLOWING:
  (A)  COMPLETES  AN  APPLICATION FOR A NEW OR RENEWED DRIVER'S LICENSE,
NON-DRIVER  IDENTIFICATION  CARD,  PRE-LICENSING   COURSE   CERTIFICATE,
LEARNER'S PERMIT OR CERTIFICATION OF SUPERVISED DRIVING WITH THE DEPART-
MENT  OF  MOTOR  VEHICLES,  OR  NOTIFIES SUCH DEPARTMENT IN WRITING OF A
CHANGE OF HIS OR HER NAME OR ADDRESS;
  (B) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES, OR CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM AGEN-
CIES DESIGNATED IN SECTION 5-211 OF THIS TITLE;
  (C) COMPLETES AN APPLICATION FOR SERVICES, RENEWAL OR  RECERTIFICATION
FOR  SERVICES,  OR  CHANGE OF ADDRESS RELATING TO SUCH SERVICES FROM ANY
MUNICIPAL HOUSING AUTHORITY AS SET FORTH  IN  ARTICLE  THIRTEEN  OF  THE
PUBLIC HOUSING LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11698-01-5
              

S. 6041                             2

  (D)  REGISTERS  FOR CLASSES AT INSTITUTIONS OF THE STATE UNIVERSITY OF
NEW YORK AND THE CITY UNIVERSITY OF NEW YORK;
  (E) COMPLETES A MAXIMUM SENTENCE OF IMPRISONMENT OR IS DISCHARGED FROM
PAROLE;
  (F) COMPLETES AN APPLICATION FOR UNEMPLOYMENT INSURANCE;
  (G) BECOMES A MEMBER OR EMPLOYEE OF THE DIVISION OF MILITARY AND NAVAL
AFFAIRS; OR
  (H)  COMPLETES  AN  APPLICATION WITH ANY OTHER STATE OR FEDERAL AGENCY
DESIGNATED AS A SOURCE AGENCY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
THREE OF THIS SECTION.
  3. (A) THE TERM "SOURCE AGENCY" INCLUDES THE DEPARTMENT OF MOTOR VEHI-
CLES, ANY GOVERNMENT AGENCY DESIGNATED PURSUANT TO SECTION 5-211 OF THIS
TITLE,  THE  STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK, ALL PUBLIC HOUSING AUTHORITIES LISTED IN ARTICLE THIRTEEN  OF  THE
PUBLIC  HOUSING  LAW, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, THE DEPARTMENT OF LABOR, THE  DIVISION  OF  MILITARY  AND  NAVAL
AFFAIRS AND ANY AGENCY DESIGNATED BY THE STATE BOARD OF ELECTIONS PURSU-
ANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  THE STATE BOARD OF ELECTIONS MAY DESIGNATE ADDITIONAL STATE AGEN-
CIES TO SERVE AS SOURCES FOR VOTER REGISTRATION. IN DESIGNATING AN AGEN-
CY UNDER THIS PARAGRAPH, THE STATE BOARD OF ELECTIONS SHALL CONSIDER:
  (I) THE LIKELIHOOD THAT SOURCE  RECORDS  REFLECT  A  LARGE  NUMBER  OF
ELIGIBLE CITIZENS;
  (II)  THE EXTENT TO WHICH SOURCE RECORDS REFLECT ELIGIBLE CITIZENS WHO
WOULD NOT OTHERWISE BE REGISTERED  UNDER  THE  ACT  TO  MODERNIZE  VOTER
REGISTRATION;
  (III)  THE ACCURACY OF PERSONAL IDENTIFICATION DATA IN SOURCE RECORDS;
AND
  (IV) ANY ADDITIONAL FACTORS DESIGNATED BY THE CHIEF ELECTION  OFFICIAL
AS  REASONABLY  RELATED  TO  ACCOMPLISHING  THE  PURPOSES  OF THE ACT TO
MODERNIZE VOTER REGISTRATION.
  4. THE STATE BOARD OF ELECTIONS AND THE SOURCE  AGENCIES  SHALL  ENTER
INTO  AGREEMENTS TO ENSURE THAT FOR EACH PERSON DESCRIBED IN SUBDIVISION
TWO OF THIS SECTION, EACH SOURCE AGENCY ELECTRONICALLY TRANSMITS TO  THE
STATE OR LOCAL BOARDS OF ELECTIONS THE FOLLOWING INFORMATION IN A FORMAT
THAT CAN BE READ BY THE COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST:
  (A) GIVEN NAME OR NAMES AND SURNAME OF SURNAMES;
  (B) MAILING ADDRESS AND RESIDENTIAL ADDRESS;
  (C) DATE OF BIRTH;
  (D) CITIZENSHIP;
  (E)  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD NUMBER, LAST
FOUR DIGITS OF THE PERSON'S SOCIAL SECURITY NUMBER, OR A SPACE  FOR  THE
PERSON TO INDICATE THAT HER OR SHE DOESN'T NOT HAVE ANY SUCH NUMBER;
  (F) POLITICAL PARTY ENROLLMENT, IF ANY;
  (G)  AN  INDICATION  THAT  THE PERSON INTENDS TO APPLY FOR AN ABSENTEE
BALLOT, IF ANY; AND
  (H) AN IMAGE OF THE PERSON'S SIGNATURE.
  IN THE EVENT THAT ANY TRANSMISSION OF DATA PURSUANT  TO  THIS  SECTION
FAILS TO INCLUDE AN IMAGE OF AN INDIVIDUAL'S SIGNATURE, THE ABSENCE OF A
SIGNATURE  SHALL  NOT  PRECLUDE THE REGISTRATION OF AN ELIGIBLE CITIZEN.
THE BOARD OF ELECTIONS SHALL DEVELOP PROCEDURES TO  ENABLE  AN  ELIGIBLE
CITIZEN,  WHOSE  INFORMATION IS TRANSMITTED PURSUANT TO THIS SECTION AND
WHOSE INFORMATION LACKS AN ELECTRONIC SIGNATURE, TO PROVIDE A  SIGNATURE
AT  THE  POLLING  PLACE  OR  WITH  AN APPLICATION FOR AN ABSENTEE BALLOT
BEFORE VOTING. THE BOARD MAY REQUIRE AN ELECTOR WHO HAS NOT  PROVIDED  A
SIGNATURE BEFORE ARRIVING AT THE POLLING PLACE OR SUBMITTING AN ABSENTEE

S. 6041                             3

BALLOT  TO PRESENT A CURRENT AND VALID PHOTO IDENTIFICATION OR A COPY OF
A CURRENT UTILITY BILL, BANK STATEMENT, GOVERNMENT CHECK,  PAYCHECK,  OR
OTHER GOVERNMENT DOCUMENT THAT SHOWS THE NAME AND ADDRESS OF THE VOTER.
  5. IF AN AGENCY DOES NOT  ROUTINELY REQUEST INFORMATION CONCERNING THE
CITIZENSHIP  STATUS OF INDIVIDUALS, IT SHALL MAINTAIN RECORDS SUFFICIENT
TO TRANSMIT TO THE BOARD INDICATIONS OF UNITED  STATES  CITIZENSHIP  FOR
EACH  PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, BUT SHALL NOT
RETAIN, USE, OR SHARE ANY SUCH INFORMATION RELATING TO  AN  INDIVIDUAL'S
CITIZENSHIP FOR ANY OTHER PURPOSE.
  6.  THE  STATE  BOARD  OF  ELECTIONS  SHALL  PREPARE AND DISTRIBUTE TO
PARTICIPATING AGENCIES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION  OF
THE  PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS
FOR EMPLOYEES OF SOURCE AGENCIES LISTED IN THIS SECTION. TRAINING  SHALL
INCLUDE  REQUIREMENTS THAT EMPLOYEES OF ANY SOURCE AGENCY COMMUNICATE TO
EACH INDIVIDUAL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION  THAT  THE
SOURCE  AGENCY  MAINTAINS  STRICT  NEUTRALITY WITH RESPECT TO A PERSON'S
PARTY ENROLLMENT AND ALL PERSONS SEEKING VOTER  REGISTRATION  FORMS  AND
INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE, OR ELIGIBILITY TO REGISTER TO  VOTE.
NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE APPLI-
CANT FROM REGISTERING TO VOTE.
  7.  THE AGREEMENTS BETWEEN THE STATE BOARD OF ELECTIONS AND THE SOURCE
AGENCIES SHALL INCLUDE THE FORMAT IN WHICH INFORMATION WILL BE TRANSMIT-
TED, WHETHER AND HOW EACH ENTITY WILL COLLECT, IN ADDITION TO THE MANDA-
TORY INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION,  ADDITIONAL
INFORMATION ON A VOLUNTARY BASIS FROM PERSONS FOR THE PURPOSE OF FACILI-
TATING  VOTER  REGISTRATION,  THE  FREQUENCY  OF DATA TRANSMISSIONS, THE
PROCEDURES, AND OTHER MEASURES THAT WILL BE USED TO ENSURE THE  SECURITY
AND  PRIVACY OF THE INFORMATION TRANSMITTED, AND ANY OTHER MATTER NECES-
SARY OR HELPFUL TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
  8. EACH  SOURCE  AGENCY  SHALL  COOPERATE  WITH  THE  STATE  BOARD  OF
ELECTIONS  AND  COUNTY BOARD OF ELECTIONS TO FACILITATE THE VOTER REGIS-
TRATION OF EACH PERSON DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND
TO ELECTRONICALLY TRANSMIT THE INFORMATION NEEDED TO REGISTER EACH  SUCH
PERSON  TO  VOTE  OR  TO  UPDATE  EACH  SUCH PERSON'S VOTER REGISTRATION
RECORD.
  9. EACH SOURCE AGENCY SHALL ENTER INTO AN  AGREEMENT  WITH  THE  STATE
BOARD OF ELECTIONS FINALIZING THE FORMAT AND CONTENT OF ELECTRONIC TRAN-
SMISSIONS  REQUIRED  BY  THIS SECTION NO LATER THAN SEPTEMBER FIRST, TWO
THOUSAND SEVENTEEN; PROVIDED, THAT EACH SOURCE AGENCY SHALL BE  ABLE  TO
COMPLY  FULLY  WITH  ALL  REQUIREMENTS  OF  THIS  SECTION, INCLUDING THE
COLLECTION AND TRANSMISSION OF ALL DATA REQUIRED TO REGISTER INDIVIDUALS
TO VOTE, BY JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S 5-201. SAME DAY REGISTRATION. EACH COUNTY SHALL ALLOW  ANY  ELIGIBLE
INDIVIDUAL ON THE DAY OF AN ELECTION AND ON ANY DAY WHEN VOTING, INCLUD-
ING  EARLY  VOTING,  TO REGISTER TO VOTE IN SUCH ELECTION AT THE POLLING
PLACE AND TO CAST A VOTE IN SUCH ELECTION.
  S 5-205. INTERNET REGISTRATION. 1. THE BOARD  SHALL  ENSURE  THAT  THE
FOLLOWING  SERVICES ARE AVAILABLE TO THE PUBLIC AT ANY TIME ON THE OFFI-
CIAL PUBLIC WEBSITES OF THE APPROPRIATE COUNTY OR MUNICIPALITY,  IN  THE
SAME MANNER AND SUBJECT TO THE SAME TERMS AND CONDITIONS AS THE SERVICES
PROVIDED  BY  VOTER REGISTRATION REGULATIONS: (A) ONLINE APPLICATION FOR
VOTER REGISTRATION; (B) ONLINE ASSISTANCE TO APPLICANTS IN  APPLYING  TO
REGISTER  TO VOTE; (C) ONLINE COMPLETION AND SUBMISSION BY APPLICANTS OF
THE  MAIL  VOTER  REGISTRATION  APPLICATION  INCLUDING  ASSISTANCE  WITH

S. 6041                             4

PROVIDING  A  SIGNATURE  IN  ELECTRONIC  FORM; AND (D) ONLINE RECEIPT OF
COMPLETED VOTER REGISTRATION APPLICATIONS.
  2.  ANY  COUNTY OR MUNICIPALITY SHALL ACCEPT AN ONLINE VOTER REGISTRA-
TION APPLICATION PROVIDED BY  AN  INDIVIDUAL  UNDER  THIS  SECTION,  AND
ENSURE  THAT  THE  INDIVIDUAL IS REGISTERED TO VOTE IN THE STATE, IF (A)
THE INDIVIDUAL MEETS THE SAME VOTER REGISTRATION REQUIREMENTS APPLICABLE
TO INDIVIDUALS WHO REGISTER TO VOTE BY MAIL IN ACCORDANCE WITH  THE  LAW
USING  THE MAIL VOTER REGISTRATION APPLICATION FORM AND (B) THE INDIVID-
UAL PROVIDES A SIGNATURE IN ELECTRONIC FORM.
  3. FOR PURPOSES OF THIS SECTION, AN INDIVIDUAL PROVIDES A SIGNATURE IN
ELECTRONIC FORM BY (A) EXECUTING A COMPUTERIZED MARK  IN  THE  SIGNATURE
FIELD ON AN ONLINE VOTER REGISTRATION APPLICATION; OR
  (B) SUBMITTING WITH THE APPLICATION AN ELECTRONIC COPY OF THE INDIVID-
UAL'S HANDWRITTEN SIGNATURE THROUGH ELECTRONIC MEANS.
  4.  (A)  UPON  THE ONLINE SUBMISSION OF A COMPLETED VOTER REGISTRATION
APPLICATION BY AN INDIVIDUAL UNDER THIS SECTION, THE  APPROPRIATE  STATE
OR LOCAL ELECTION OFFICIAL SHALL SEND THE INDIVIDUAL A NOTICE CONFIRMING
THE STATE'S RECEIPT OF THE APPLICATION AND PROVIDING INSTRUCTIONS ON HOW
THE  INDIVIDUAL MAY CHECK THE STATUS OF THE APPLICATION, AND (B) AS SOON
AS THE APPROPRIATE ELECTION OFFICIAL HAS APPROVED OR REJECTED AN  APPLI-
CATION SUBMITTED BY AN INDIVIDUAL UNDER THIS SECTION, THE OFFICIAL SHALL
SEND THE INDIVIDUAL A NOTICE OF THE DISPOSITION OF THE APPLICATION.
  5.  ANY  COUNTY OR MUNICIPALITY SHALL MAKE THE SERVICES MADE AVAILABLE
ONLINE UNDER SUBDIVISION ONE OF THIS SECTION AVAILABLE THROUGH  THE  USE
OF  AN  AUTOMATED  TELEPHONE-BASED SYSTEM, SUBJECT TO THE SAME TERMS AND
CONDITIONS APPLICABLE UNDER THIS SECTION TO THE SERVICES MADE  AVAILABLE
ONLINE,  IN  ADDITION TO MAKING THE SERVICES AVAILABLE ONLINE IN ACCORD-
ANCE WITH THE REQUIREMENTS OF THIS SECTION.
  S 5-207. UPDATING REGISTRATION INFORMATION THROUGH  THE  INTERNET.  1.
THE  BOARD  SHALL  ENSURE  THAT ANY REGISTERED VOTER ON THE COMPUTERIZED
LIST MAY AT  ANY  TIME  UPDATE  THE  VOTER'S  REGISTRATION  INFORMATION,
INCLUDING  THE  VOTER'S  ADDRESS  AND  ELECTRONIC  MAIL  ADDRESS, ONLINE
THROUGH THE OFFICIAL PUBLIC WEBSITE OF THE ELECTION OFFICIAL RESPONSIBLE
FOR THE MAINTENANCE OF THE LIST, SO LONG AS THE  VOTER  ATTESTS  TO  THE
CONTENTS  OF  THE  UPDATE BY PROVIDING A SIGNATURE IN ELECTRONIC FORM IN
THE SAME MANNER REQUIRED UNDER THE LAW.
  2. APPLICATIONS FOR VOTER REGISTRATION SHALL  PROVIDE  AN  OPTION  FOR
VOTERS  TO RECEIVE VOTER INFORMATION AND FUTURE REGISTRATION INFORMATION
AND CORRESPONDENCE BY EMAIL.
  3. THE BOARD OF ELECTIONS SHALL NOTIFY EVERY REGISTERED VOTER  OF  THE
OPTION TO REGISTER AND MAKE CHANGES TO THEIR VOTER INFORMATION ELECTRON-
ICALLY.
  S  3.  Paragraphs (g) and (k) of subdivision 5 of section 5-210 of the
election law, as amended by chapter 179 of the laws  of  2005,  subpara-
graph  (xii)  of  paragraph  (k)  as added by chapter 362 of the laws of
2008, are amended and a new paragraph (n) is added 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.
  (k)  The  form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
mailing:
  (i) A space for the applicant to indicate whether or not he or she has
ever voted or registered to vote before and, if so, the approximate year

S. 6041                             5

in which such applicant last voted or registered and his or her name and
address at the time.
  (ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
  (iii) The date of birth of the applicant.
  (iv) A space for the applicant to indicate his or her driver's license
or  department  of motor vehicles non-driver photo ID number or the last
four digits of his or her social security number or,  if  the  applicant
does  not have either such number, a space for the applicant to indicate
he or she does not have either.
  (v) A space for the applicant to indicate whether or not he or she  is
a citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
  (vi) [A space for the applicant to answer the question "Will you be 18
years  of  age  on  or  before  election day?" and the statement "If you
checked "no" in response to this question, do  not  complete  this  form
unless you will be 18 by the end of the year."
  (vii)] A statement informing the applicant that if the form is submit-
ted by mail and the applicant is registering for the first time, certain
information or documents must be submitted with the mail-in registration
form  in  order  to  avoid  additional  identification requirements upon
voting for the first time. Such information and documents are:
  (A) a driver's license or  department  of  motor  vehicles  non-driver
photo ID number; or
  (B)  the  last four digits of the individual's social security number;
or
  (C) a copy of a current and valid photo identification; or
  (D) a copy of a  current  utility  bill,  bank  statement,  government
check,  paycheck  or  other  government document that shows the name and
address of the voter.
  [(viii)] (VII) The gender of the applicant (optional).
  [(ix)] (VIII) A space for the applicant to indicate his or her  choice
of party enrollment, with a clear alternative provided for the applicant
to decline to affiliate with any party.
  [(x)] (IX) The telephone number of the applicant (optional).
  [(xi)]  (X)  A  place  for the applicant to execute the form on a line
which is clearly  labeled  "signature  of  applicant"  preceded  by  the
following specific form of affirmation:
  AFFIDAVIT: I swear or affirm that:
     * I am a citizen of the United States.
     * I will have lived in the county, city, or village for at least 30
       days before the election.
     * I  meet  all  the  requirements  to  register to vote in New York
       State.
     * This is my signature or mark on the line below.
     * All the information contained on  this  application  is  true.  I
       understand that if it is not true I can be convicted and fined up
       to $5,000 and/or jailed for up to four years.
which  form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
  [(xii)] (XI) A space for the applicant to register  in  the  New  York
state  donate  life  registry for organ and tissue donations established
pursuant to section forty-three hundred ten of the public health law.
  (XII) THE EMAIL ADDRESS OF THE APPLICANT (OPTIONAL).
  (N) AGREEMENTS ADOPTED PURSUANT TO SECTION 5-200 OF THIS TITLE BETWEEN
SOURCE AGENCIES AND THE STATE OR COUNTY  BOARDS  OF  ELECTIONS  ARE  NOT

S. 6041                             6

REQUIRED  TO  INCLUDE  THE COLLECTION OR TRANSMISSION OF THE INFORMATION
REQUESTED IN PARAGRAPH (J) OR SUBPARAGRAPH (I), (VII), (IX) OR  (XI)  OF
PARAGRAPH  (K)  OF  THIS  SUBDIVISION,  AND  NO BOARD OF ELECTIONS SHALL
REFUSE  TO  REGISTER  TO  VOTE  OR UPDATE THE REGISTRATION RECORD OF ANY
PERSON IN THE STATE WHOSE INFORMATION IS TRANSMITTED PURSUANT TO SECTION
5-200 OF THIS TITLE FOR  THE  REASON  THAT  SUCH  INFORMATION  DOES  NOT
INCLUDE  THE INFORMATION REQUESTED BY PARAGRAPH (J) OR SUBPARAGRAPH (I),
(VII), (VIII), (IX) OR (XI) OF PARAGRAPH (K) OF THIS SUBDIVISION.
  S 4. This act shall take effect immediately.