What's happening
This bill requires all New York voters to present a valid government-issued photo ID when casting a ballot in elections.
Why it matters
Removes alternative forms of identification. The bill eliminates non-photo ID options (like utility bills or bank statements) that previously allowed voters to verify their identity, requiring instead only government-issued photo identification to cast a ballot.
Defines acceptable photo IDs. It specifies which documents count as valid government-issued photo ID, such as a New York State driver’s license or non-driver ID, U.S. passport, military ID, government medical card, or other state/federal IDs, potentially impacting voters who do not possess these forms.
Adds new verification steps for mail-in ballots. Voters casting ballots by mail must now include a copy of a valid government-issued photo ID in the outer envelope, which could affect participation among those voting absentee or by mail.
Affects eligibility and provisional voting. Voters without the required photo ID can still cast an affidavit (provisional) ballot, but these ballots will only count if the local board of elections can later verify the voter’s eligibility, which may increase the risk of ballots being rejected and could deter some from voting.
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Who cares
Headline styles
Require Photo ID to Vote
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
3 Co-sponsors
History
- Referred to elections
- Referred to elections
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
298
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. MURPHY, GALLIVAN -- 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 requiring a valid government issued photo identification card to be presented when casting a ballot
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 8-303 of the election law, as added by chapter 420 of the laws of 2004, subparagraph 1 of paragraph (b) of subdivision 3, as amended by chapter 160 of the laws of 2005, is amended to read as follows:
§ 8-303. [Initial voter] Voter identification. 1. Applicability. Each board of elections, in a uniform and nondiscriminatory manner, shall require a voter to meet the requirements of subdivision two of this section [if:
(a) the individual registered to vote in a jurisdiction by mail on or after January first, two thousand three; and
(b) the individual has not previously voted in an election for federal office in the jurisdiction of the board of elections].
2. Requirements. (a) In general. An individual meets the requirements of this subdivision if the individual:
(1) in the case of an individual who votes in person[: (i)], presents to the appropriate election inspector, clerk or coordinator a current and valid government issued photo identification[; or
(ii) presents to the appropriate election inspector, clerk or coordinator 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;] or
(2) in the case of an individual who votes by mail, submits in the outer envelope with the envelope containing the ballot[: (i)] a copy of a current and valid government issued photo identification[; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02345-01-7
S. 298 2
(ii) 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].
(3) A valid and current government issued photo identification shall include: a New York state driver's license or non-driver ID; a United States passport; an identification card issued by a United States educational institution; a United States military identification card; a government issued medical card or any identification card issued by the United States or the state of New York.
(b) Fail-safe voting. (1) An individual who desires to vote in person, but [who does not meet the requirements of subparagraph one of paragraph (a) of this subdivision] does not possess a current and valid government issued photo identification, may cast an affidavit ballot[, and notwithstanding this section of law, such]. Such affidavit ballot shall be duly cast and counted[, even though such individual does not meet the requirements of subparagraph one of paragraph (a) of this subdivision,] provided such individual casting such ballot is an otherwise eligible voter pursuant to law, [provided further] that the local board of elections determines the validity of the affidavit ballot and that such ballot otherwise complies with the requirements of law.
(2) An individual who desires to vote by mail but who does not [meet the requirements of subparagraph two of paragraph (a) of this subdivision] possess a current and valid government issued photo identification, may cast such a ballot by mail and such ballot shall be duly cast and counted[, notwithstanding this section,] provided [the voter is determined to be an eligible voter and provided further], that the local board of elections determines the validity of the ballot by mail and that such ballot otherwise complies with the requirements of law.
3. Inapplicability. Subdivisions one and two of this section shall not apply in the case of a person: (a) who registers to vote by mail and submits as part of such registration [either:
(1)] a copy of a current and valid government issued photo identification; or
[(2) a copy of a current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter;]
(b) [(1)] who registers to vote by mail and submits with such registration either:
[(i)] (1) a driver's license or a department of motor vehicles nondriver photo ID number; or
[(ii)] (2) at least the last four digits of the individual's social security number; and [(2)] with respect to whom a local board of elections matches the information submitted under [subparagraph one of] this paragraph with an existing state identification record bearing the number, name and date of birth of such voter; [or
(c) who is: (1)] (3) such person is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.);
[(2)] (4) such person is provided the right to vote otherwise than in person under section 3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
[(3)] is entitled to vote otherwise than in person under any other federal law.
§ 2. This act shall take effect immediately.
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 requiring a valid government issued photo identification card to be presented when casting a ballot
Purpose
The bill would require voter's to provide a government issued photo identification card, such as a driver's license or passport, at the polls in order to vote.
Summary of provisions
Section 8-303 of election law, as added by chapter 420 of the laws of 2004 and subparagraph 1 of paragraph (b) of subdivision 3 as amended by chapter 160 of the laws of 2005 is amended as follows:
Read the full memo (712 words)
Section 8-303 puts forth the conditions of which an individual would need to provide a government issued photo identification card to vote. These conditions include if the individual registered to vote in a jurisdiction by mail on or after January 1, 2003 or if the individual has not previously voted in an election for federal office in the jurisdiction of the board of elections.
In general, an individual meets the requirements of this subdivision if in the case of an individual who votes in person he or she presents to the appropriate election inspector, clerk, or coordinator a current and valid government photo identification or presents to the appropriate election inspector, clerk, or coordinator 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.
In the case of an individual who votes by mail, submits in the outer envelope with the envelope containing the ballot a copy of a current and valid government issued 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.
In the case of an individual who desires to vote in person, but does not meet the requirements of this subdivision may cast an affidavit ballot, and notwithstanding this, section of law, such affidavit ballot shall be duly cast and counted, even though such individual does not meet the requirements of this section provided such individual casting such ballot is an otherwise eligible voter pursuant to law, provided further that such ballot otherwise complies with the requirement of the law.
Subdivisions one and two of this section shall not apply in the case of a person: (a) who registers to vote by mail and submits as part of the registration either (1) a copy of a current and valid photo identification or (2) a copy of a current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter. As for an individual who registers to vote by mail and submits with such registration either a driver's license or a department of motor vehicles non-drive photo ID number or at least the last four digits of the individual's social security number.
With respect to who a local board of elections matches the information submitted under subparagraph one of this paragraph with an existing state identification record bearing the number, name and date of birth of such voter or who is either entitled to vote by absentee ballot udder the Uniformed add Overseas Citizens Absentee Voting Act, provided the right to vote otherwise than in person under section 3(b)(2)(8)(ii) of the Voting. Accessibility of the Elderly and Handicapped Act or entitled to vote otherwise than in person under any other federal law.
Justification
To ensure a fair election in which individuals do not cast more than one ballot, voters should be required to provide a picture identification card. These cards, which would be a driver's license, passport, or other government issued document would help prevent fraudulent elections from occurring. Providing such proof of identity is becoming typical procedure whether boarding an airplane or applying for a new job. Identity theft has become a serious concern across the nation and stands as a serious threat to ensuring fair elections are conducted. We need to put specific fortifications in place to make certain our government does not become the next victim of these crimes.
Legislative history
2016: S.6353 - referred to Elections
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.