Provides that purchasers and sellers of real property shall be provided with voter registration forms at closing

3 Co-sponsors

• Adriano Espaillat
• Kevin S. Parker
• John L. Sampson

BILL NUMBER:S2535

Title of bill

An act to amend the real property law, in relation to providing purchasers and sellers of residential real property and cooperative apartments with voter registration forms at closing

Purpose

The bill provides that every purchaser and seller of residential real property who attends the closing must be provided by the settlement agent with voter registration forms, and if a purchaser or seller does not attend the closing, then the forms shall be provided to the representative of such purchaser or seller.

Summary of provisions

Section 1: Amends the Real Property Law to add a new section 262, which requires that, at a closing for the sale or purchase of residential real property, the seller and purchaser shall be provided with voter registration forms. Subsection one defines a "closing" as "an in-person meeting to complete final documents incident to the purchase and sale", and defines "settlement agent" as "the lender in a non-cash transaction, the title company in a cash transaction and the managing agent in a cooperative apartment transaction." Subsection two provides that the forms are to be provided to the purchaser and seller, except for sellers who are moving out of New York State. If a purchaser or seller is not present at the closing, then the forms are to be provided to such person's representative. Subsection three requires the settlement agent to provide those forms without cost or charge to the purchaser or seller. Subsection four directs the county boards of elections to cooperate with settlement agents to accomplish the purposes of this section.

Section 2: Provides for the Act to take effect on the thirtieth day after it becomes law.

Existing law

There is no existing law requiring voter registration applications to be provided at residential real estate closings.

Justification

People buying or selling residential real estate may be moving into the state, or moving in or out of a county or election district, but may be unaware of this or of the need to provide a change of address to the local board of election. This provision provides voters with the opportunity to register to vote or register a change of address at the time when it is most likely that they will need to do so in order to secure or preserve their right to vote.

Legislative history

2009-2010: S.2867 - Passed the Senate; Died in Assembly Election Law Committee. 2011-2012: S.1554 - Referred to Judiciary

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act takes effect on the thirtieth after the date it becomes a law.