Modernize Voter Registration Access

Section 1. This act shall be known and may be cited as the "modernized voter registration act of New York".

§ 2. The election law is amended by adding ten new sections 5-200, 5-232, 5-234, 5-236, 5-238, 5-240, 5-242, 5-244, 5-246 and 5-248 to read as follows:

§ 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 department 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 agencies designated in section 5-211 of this title;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08590-01-9

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(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;

(d) registers for classes at institutions of the state university of New York or 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 New York 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 vehicles, 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 supervision, the department of labor, the New York division of military and naval affairs and any agency designated by the state board of elections pursuant to paragraph (b) of this subdivision.

(b) The state board of elections may designate additional state agencies to serve as sources for voter registration. In designating an agency 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 or 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 he or she does 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

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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 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 of elections 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 conditioned on being registered to vote, or eligibility to register to vote. No statement shall be made nor any action taken to discourage the applicant 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 transmitted, whether and how each entity will collect, in addition to the mandatory information listed in subdivision four of this section, additional information on a voluntary basis from persons for the purpose of facilitating 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 necessary 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 registration 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 transmissions required by this section no later than September first, two thousand twenty-one; 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 twenty-two.

10. Upon receiving information from a source agency with respect to an individual, the state board of elections shall determine whether the individual is included in the computerized statewide voter registration list.

(a) If an individual for whom information is received from a source agency is eligible to vote in elections for federal office in the state and is not on the computerized statewide voter registration list, the state board of elections shall: (i) ensure that the individual is registered to vote in such elections not later than five days after receiving

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the information, without regard to whether or not the information provided by the source agency includes the individual's signature; (ii) update the statewide computerized voter registration list to include the individual; and (iii) notify the individual that the individual is registered to vote in elections for federal office in the state.

(b) If a source agency provides the state board of elections with information with respect to an individual who did not consent to be registered to vote, the state board of elections shall not take any action to register the individual to vote, except that no such individual who is already included on the computerized statewide voter registration list shall be removed from the list solely because the information was incorrectly provided.

11. If an individual who is not eligible to register to vote in elections for federal office is registered to vote in such elections by the state board of elections, the individual shall not be subject to any penalty, including the imposition of a fine or term of imprisonment, adverse treatment in any immigration or naturalization proceeding, or the denial of any status under immigration laws, under any law prohibiting an individual who is not eligible to register to vote in elections for federal office from registering to vote in such elections. Nothing in this subdivision shall be construed to waive the liability of any individual who knowingly provides false information to any person regarding the individual's eligibility to register to vote in elections for federal office.

12. No person may use the information received by the state board of elections to determine the citizenship status of any individual for immigration enforcement, criminal law enforcement (other than enforcement of this chapter), or any other purpose other than voter registration or election administration. No information relating to an individual's absence from the statewide voter registration list or an individual's declination to supply information for voter registration purposes to a source agency may be disclosed to the public for immigration enforcement, criminal law enforcement other than enforcement of laws against election crimes, or used for any purpose other than voter registration, election administration, or the enforcement of election laws.

13. Voter registration information collected under this section shall not be used for commercial purposes including for comparison with any existing commercial list or database.

§ 5-232. Availability of online registration. 1. Every election district shall ensure that the following services are available to the public at any time on the official public websites of the appropriate local election officials in the state: online application for voter registration, online assistance to applications in applying to register to vote, online completion and submission by applications of the mail voter registration application form pursuant to section 5-210, including assistance with providing a signature in electronic form as required under section 5-234 of this title, and online receipt of completed voter registration applications.

2. Any county or municipality shall accept an online voter registration 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 law using the mail voter registration application form, and (b) the individual

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provides a signature in electronic form pursuant to section 5-234 of this title.

3. (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 application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application.

§ 5-234. Signatures in electronic form. An individual provides a signature in electronic form by executing a computerized mark in the signature field on an online voter registration application; or submitting with the application an electronic copy of the individual's handwritten signature through electronic means.