Establishes automatic voter registration through the department of motor vehicles

Section 2. Amends section 5-212 of the election law by adding a new subdivision 12-a to state the department of motor vehicles shall establish a process in which they provide to the state board of elections, electronic records containing the legal name, age, residence and citizenship information for, and the electronic signature of, each person who is qualified to vote in New York State. Furthermore, this section requires that the state board of elections shall transmit the information to appropriate county board of elections for them to send each person a notification directing him or her to:

i) decline being registered as a voter; or ii) adopt a political party affiliation.

If a person who is notified does not respond within 21 calendar days, after the county board of elections issues the notification, the person's electronic record and electronic signature submitted under the provisions of this act will constitute a completed registration application for the purposes of this section. The person shall then be registered to vote.

Section 3. Amends paragraph o of section 5-500 of the election law, and adds a new paragraph p to add a space for "remarks" for pre-registering applicants to respond to the following question: "Are you at least 16 years of age and understand that you must be 18 years of age on or before election day to vote, and that until you reach the age of 18 your registration will be marked as 'pending' and you will be unable to cast a ballot in any election?"

Section 4. Adds a new section 5-507 to provide provisions for voter pre-registration and education of voter pre-registration. A person who is at least 16 years of age and who is otherwise qualified to register to vote may pre-register to vote, and shall be automatically registered upon reaching the age of eligibility, following verification of the person's qualifications and address.

This section also provides for the encouragement of student voter registration and pre-registration by local boards of educations. Local boards of education would be required to adopt policies to promote student voter registration and pre-registration and may include collaboration with county boards of elections to conduct voter registration and pre-registration in high schools.

Section 5. This act shall take effect immediately; provided, however that section 1 of this act shall take effect on the ninetieth day after it shall have become a law; and section two of this act shall take effect on the first of January next succeeding the date on which it shall become a law. Effective immediately, the commissioner of motor vehicles and the commissioners of the state board of elections shall promulgate rules and regulations necessary or appropriate to carry out the provisions of this act.

Justification

In October of 2015 California became the second state to approve legislation to automatically register residents to vote. The sponsor of the legislation, California Secretary of State Alex Padilla stated "Citizens should not be required to opt-in for their fundamental right to vote. We do not have to opt-in to other rights, such as free speech or due process. This right to vote should be no different."

Following the abysmal turn out in the Mid-Term elections of 2014, New York State had the 4th worst voter turnout in the United States of American with only 28.8% of registered voters going out to vote. Furthermore, only 54% of eligible voters between 18-24 are register to vote in the Northeast. This legislation seeks to address this major issue to ensure that all residents who want to vote are able to.

By providing a mechanism which would automatically register individuals, pre-register 16 year olds and provide education on this important issue, we can ensure all New Yorker's have the ability to exercise their fundamental right to vote, if they choose to or not.

Legislative history

New Bill.

Fiscal implications

Minimal.

Effective date

This act shall take effect immediately; provided, however that section 1 of this act shall take effect on the ninetieth day after it shall have become a law; and section two of this act shall take effect on the first of January next succeeding the date on which it shall become a law. Effective immediately, the commissioner of motor vehicles and the commissioners of the state board of elections shall promulgate rules and regulations necessary or appropriate to carry out the provisions of this act.