What's happening
This bill establishes automatic voter registration and allows 16-year-olds to pre-register to vote in New York.
Why it matters
Automatic voter registration means more eligible New Yorkers could be added to voter rolls without having to take extra steps. , reducing paperwork and possible barriers to participation. This could especially benefit people who move frequently or who do not typically interact with the election system.
The opt-out structure (where eligible individuals are registered unless they decline) significantly changes the default for voter registration. , which could lead to higher registration rates and, potentially, increased voter turnout over time. It also requires clear and timely communications so people understand their rights and options.
Pre-registration for 16- and 17-year-olds, along with required school policies to promote registration, aims to engage young citizens early in the democratic process. This could foster lifelong voting habits and ensure more people are ready to vote as soon as they are eligible.
Local boards of education are mandated to encourage student registration, but cannot tie it to course grades or requirements,. balancing civic engagement efforts with respect for student autonomy and privacy. This provision could lead to more consistent outreach in high schools across the state.
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Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to elections
- Referred to elections
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1369
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. CARLUCCI -- 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 establishing automatic voter registration and voter pre-registration
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1, 14 and 15 of section 5-212 of the election law, as added by chapter 659 of the laws of 1994, are amended to read as follows:
1. In addition to any other method of voter registration provided for in this article, any qualified person may apply for registration and enrollment either by application made simultaneously and integrated with an application for a motor vehicle driver's license, a driver's license renewal or an identification card if such a card is issued by the department of motor vehicles in its normal course of business or by the department of motor vehicles providing the appropriate board of elections with electronic records of each person who qualifies to vote, pursuant to subdivision twelve-a of this section.
14. The state board shall develop and distribute public information and promotional materials relating to the purposes and implementation of [this program] these programs.
15. The state board shall prepare and distribute to the department of motor vehicles written instructions as to the implementation of [the program] these programs and shall be responsible for establishing training programs for employees of the department of motor vehicles involved in such [program] programs.
§ 2. Section 5-212 of the election law is amended by adding a new subdivision 12-a to read as follows:
12-a. In addition to completing an application for registration and enrollment by application, a person may also be registered to vote in the following manner:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02011-01-7
S. 1369 2
(a) The department of motor vehicles shall establish a schedule by which it provides 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 under section 5-102 of this article.
(b) Upon receiving the electronic record for, and electronic signature of, a person described in paragraph (a) of this subdivision, the state board of elections shall provide the information to the appropriate county board of elections in which the person may be registered as a voter. The appropriate county board of elections shall send each person a notification directing him or her to:
(i) decline being registered as a voter; or
(ii) adopt a political party affiliation.
(c) If a person notified under paragraph (b) of this subdivision does not decline to be registered as a voter within twenty-one calendar days after the county board of elections issues the notification, the person's electronic record and electronic signature submitted under paragraph (a) of this subdivision will constitute a completed registration application for the person for purposes of this section. The person shall be registered to vote if the county board of elections determines that the person is qualified to vote pursuant to section 5-102 of this article, and the person is not already registered to vote.
(d) A county board of elections may not send a ballot to, or add to a voter registration list, a person who meets eligibility requirements until at least twenty-one calendar days after the county board of elections provided notification to the person as described in paragraph (b) of this subdivision.
§ 3. 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 chapter to be recorded or appropriate to identify the voter[.];
p. A space 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?".
§ 4. The election law is amended by adding a new section 5-507 to read as follows:
§ 5-507. Voter pre-registration and education on voter pre-registration. 1. 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 reaching the age of eligibility, following verification of the person's qualifications and address.
2. Encouragement of student voter registration and pre-registration. Local boards of education are required to adopt policies to promote student voter registration and pre-registration. These policies may include collaboration with county boards of elections to conduct voter registration and pre-registration in high schools. Completion and submission of voter registration or pre-registration forms shall not be a course requirement or graded assignment for students.
§ 5. This act shall take effect immediately; provided, however that section one 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 have
S. 1369 3
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to establishing automatic voter registration and voter pre-registration
Purpose
The purpose of this bill is to establish automatic voter registration, voter pre-registration and voter preregistration and education.
Summary of provisions
Section 1. Amends subdivisions 1, 14 and 15 of section 5-212 of the election law, as added by chapter 659 of the laws of 1994 to expand methods of voter registration to include the department of motor vehicles providing the appropriate board of elections with electronic records of each person who qualifies to vote pursuant to subdivision twelve-a of this section.
Read the full memo (843 words)
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 registered 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
2015-16: 56075 - elections
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.