STATE OF NEW YORK ________________________________________________________________________ 139 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ 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 providing for automatic voter registration; establishing a task force on automatic voter registration; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Title 2 of article 5 of the election law is amended by 2 adding a new section 5-200 to read as follows: 3 § 5-200. Automatic voter registration. 1. Notwithstanding any other 4 manner of registration required by this article, each person in the 5 state qualified to vote pursuant to section 5-102 of this article, shall 6 be automatically registered to vote as provided in this section, 7 provided that the person does not elect to decline registration to vote 8 at the point of service. 9 2. The state board of elections or county board of elections shall 10 register to vote or update the registration record of any person in the 11 state qualified to vote pursuant to section 5-102 of this article who 12 does not elect to decline registration to vote or update the registra- 13 tion record at the point of service and does any of the following: 14 (a) completes an application for a new or renewed driver's license, 15 non-driver identification card, pre-licensing course certificate, 16 learner's permit or certification of supervised driving with the depart- 17 ment of motor vehicles, or notifies such department in writing of a 18 change of his or her name or address; 19 (b) completes an application for services, renewal or recertification 20 for services, or change of address relating to such services from agen- 21 cies designated in section 5-211 of this title; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00581-02-9

S. 139 2 1 (c) completes an application for services, renewal or recertification 2 for services, or change of address relating to such services from any 3 municipal housing authority as set forth in article thirteen of the 4 public housing law; 5 (d) registers for classes at institutions of the state university of 6 New York and the city university of New York; 7 (e) completes a maximum sentence of imprisonment or is discharged from 8 parole; 9 (f) completes an application for unemployment insurance; 10 (g) becomes a member or employee of the New York division of military 11 and naval affairs; or 12 (h) completes an application with any other state or federal agency 13 designated as a source agency pursuant to paragraph (b) of subdivision 14 three of this section. 15 3. (a) The term "source agency" includes the department of motor vehi- 16 cles, any government agency designated pursuant to section 5-211 of this 17 title, the state university of New York and the city university of New 18 York, all public housing authorities listed in article thirteen of the 19 public housing law, the department of corrections and community super- 20 vision, the department of labor, the New York division of military and 21 naval affairs and any agency designated by the state board of elections 22 pursuant to paragraph (b) of this subdivision. 23 (b) The state board of elections may designate additional state agen- 24 cies to serve as sources for voter registration. In designating an agen- 25 cy under this paragraph, the state board of elections shall consider: 26 (i) the likelihood that source records reflect a large number of 27 eligible citizens; 28 (ii) the extent to which source records reflect eligible citizens who 29 would not otherwise be registered under the act to modernize voter 30 registration; 31 (iii) the accuracy of personal identification data in source records; 32 and 33 (iv) any additional factors designated by the chief election official 34 as reasonably related to accomplishing the purposes of the act to 35 modernize voter registration. 36 4. The state board of elections and the source agencies shall enter 37 into agreements to ensure that for each person described in subdivision 38 two of this section, each source agency electronically transmits to the 39 state or local boards of elections the following information in a format 40 that can be read by the computerized statewide voter registration list: 41 (a) given name or names and surname or surnames; 42 (b) mailing address and residential address; 43 (c) date of birth; 44 (d) citizenship; 45 (e) driver's license or non-driver identification card number, last 46 four digits of the person's social security number, or a space for the 47 person to indicate that he or she does not have any such number; 48 (f) political party enrollment, if any; 49 (g) an indication that the person intends to apply for an absentee 50 ballot, if any; and 51 (h) an image of the person's signature. 52 In the event that any transmission of data pursuant to this section 53 fails to include an image of an individual's signature, the absence of a 54 signature shall not preclude the registration of an eligible citizen. 55 The board of elections shall develop procedures to enable an eligible 56 citizen, whose information is transmitted pursuant to this section and

S. 139 3 1 whose information lacks an electronic signature, to provide a signature 2 at the polling place or with an application for an absentee ballot 3 before voting. The board may require an elector who has not provided a 4 signature before arriving at the polling place or submitting an absentee 5 ballot to present a current and valid photo identification or a copy of 6 a current utility bill, bank statement, government check, paycheck, or 7 other government document that shows the name and address of the voter. 8 5. If an agency does not routinely request information concerning the 9 citizenship status of individuals, it shall maintain records sufficient 10 to transmit to the board of elections indications of United States citi- 11 zenship for each person described in subdivision two of this section, 12 but shall not retain, use, or share any such information relating to an 13 individual's citizenship for any other purpose. 14 6. Each source agency shall include for each person described in 15 subdivision two of this section a statement that he or she shall be 16 registered to vote, if he or she is not already so registered, provided, 17 however, that each source agency shall provide each person described in 18 subdivision two of this section the opportunity to elect to decline 19 registration to vote at the point of service, and upon such election, he 20 or she shall not be registered to vote pursuant to the procedures in 21 this section at that time. 22 7. The state board of elections shall prepare and distribute to 23 participating agencies written instructions as to the implementation of 24 the program and shall be responsible for establishing training programs 25 for employees of source agencies listed in this section. Training shall 26 include requirements that employees of any source agency communicate to 27 each individual identified in subdivision two of this section that the 28 source agency maintains strict neutrality with respect to a person's 29 party enrollment and all persons seeking voter registration forms and 30 information shall be advised that government services are not condi- 31 tioned on being registered to vote, or eligibility to register to vote. 32 No statement shall be made nor any action taken to discourage the appli- 33 cant from registering to vote. 34 8. The agreements between the state board of elections and the source 35 agencies shall include the format in which information will be transmit- 36 ted, whether and how each entity will collect, in addition to the manda- 37 tory information listed in subdivision four of this section, additional 38 information on a voluntary basis from persons for the purpose of facili- 39 tating voter registration, the frequency of data transmissions, the 40 procedures, and other measures that will be used to ensure the security 41 and privacy of the information transmitted, and any other matter neces- 42 sary or helpful to implement the requirements of this section. 43 9. Each source agency shall cooperate with the state board of 44 elections and county board of elections to facilitate the voter regis- 45 tration of each person described in subdivision two of this section, and 46 to electronically transmit the information needed to register each such 47 person to vote or to update each such person's voter registration 48 record. 49 10. Each source agency shall enter into an agreement with the state 50 board of elections finalizing the format and content of electronic tran- 51 smissions required by this section no later than September first, two 52 thousand nineteen; provided, that each source agency shall be able to 53 comply fully with all requirements of this section, including the 54 collection and transmission of all data required to register individuals 55 to vote, by January first, two thousand twenty-two.

S. 139 4 1 § 2. Subdivision 5 of section 5-210 of the election law is amended by 2 adding a new paragraph (n) to read as follows: 3 (n) Agreements adopted pursuant to section 5-200 of this title between 4 source agencies and the state or county boards of elections are not 5 required to include the collection or transmission of the information 6 requested in paragraph (j) or subparagraph (i), (viii), (x) or (xii) of 7 paragraph (k) of this subdivision, and no board of election shall refuse 8 to register to vote or update the registration record of any person in 9 the state whose information is transmitted pursuant to section 5-200 of 10 this title for the reason that such information does not include the 11 information requested by paragraph (j) or subparagraph (i), (viii), (x) 12 or (xii) of paragraph (k) of this subdivision. 13 § 3. The opening paragraph and subdivisions 11 and 12 of section 5-211 14 of the election law, the opening paragraph as amended by chapter 265 of 15 the laws of 2013, subdivision 11 as amended by chapter 200 of the laws 16 of 1996 and subdivision 12 as added by chapter 659 of the laws of 1994, 17 are amended to read as follows: 18 Each agency designated as a participating agency under the provisions 19 of this section shall implement and administer a program of distribution 20 of voter registration forms pursuant to the provisions of this section. 21 The following offices which provide public assistance and/or provide 22 state funded programs primarily engaged in providing services to persons 23 with disabilities are hereby designated as voter registration agencies: 24 designated as the state agencies which provide public assistance are the 25 office of children and family services, the office of temporary and 26 disability assistance and the department of health. Also designated as 27 public assistance agencies are all agencies of local government that 28 provide such assistance. Designated as state agencies that provide 29 programs primarily engaged in providing services to people with disabil- 30 ities are the department of labor, office for the aging, division of 31 veterans' affairs, office of mental health, office of vocational and 32 educational services for individuals with disabilities, commission on 33 quality of care for the mentally disabled, office [~~of mental retardation~~ 34 ~~and~~] for people with developmental disabilities, commission for the 35 blind, office of alcoholism and substance abuse services, the office of 36 the advocate for the disabled and all offices which administer programs 37 established or funded by such agencies. Additional [~~state~~] agencies 38 designated as voter registration offices are the department of state 39 [~~and~~], the division of workers' compensation, the state university of 40 New York, the city university of New York, all public housing authori- 41 ties listed in article thirteen of the public housing law, the depart- 42 ment of corrections and community supervision and the New York division 43 of military and naval affairs. Such agencies shall be required to offer 44 voter registration forms to and provide for automatic voter registra- 45 tion, pursuant to section 5-200 of this title, for persons upon initial 46 application for services, renewal or recertification for services and 47 change of address relating to such services. Such agencies shall also be 48 responsible for providing assistance to applicants in completing voter 49 registration forms, receiving and transmitting the completed application 50 form from all applicants who wish to have such form transmitted to the 51 appropriate board of elections. The state board of elections shall, 52 together with representatives of the department of defense, develop and 53 implement procedures for including recruitment offices of the armed 54 forces of the United States as voter registration offices when such 55 offices are so designated by federal law. The state board shall also 56 make request of the United States Immigration and Naturalization Service

S. 139 5 1 to include applications for registration by mail with any materials 2 which are given to new citizens. [~~All institutions of the state univer-~~ 3 ~~sity of New York and the city university of New York, shall, at the~~ 4 ~~beginning of the school year, and again in January of a year in which~~ 5 ~~the president of the United States is to be elected, provide an applica-~~ 6 ~~tion for registration to each student in each such institution.~~] The 7 state board of elections may, by regulation, grant a waiver from any or 8 all of the requirements of this section to any office or program of an 9 agency, if it determines that it is not feasible for such office or 10 program to administer such requirement. 11 11. The participating agency shall transmit [~~the completed applica-~~ 12 ~~tions for registration and change of address forms~~] all information 13 collected pursuant to section 5-200 of this title to the appropriate 14 board of elections not later than ten days after receipt except that all 15 such completed applications and forms received by the agency between the 16 thirtieth and twenty-fifth day before an election shall be transmitted 17 in such manner and at such time as to assure their receipt by such board 18 of elections not later than the twentieth day before such election. 19 12. [~~Completed application forms, when received~~] All information 20 collected pursuant to section 5-200 of this title by a participating 21 agency not later than the twenty-fifth day before the next ensuing 22 primary, general or special election and transmitted by such agency to 23 the appropriate board of elections so that they are received by such 24 board not later than the twentieth day before such election shall enti- 25 tle the applicant to vote in such election provided the board determines 26 that the applicant is otherwise qualified. 27 § 4. Subdivision 14 of section 5-211 of the election law, as amended 28 by chapter 200 of the laws of 1996, is amended and two new subdivisions 29 18 and 19 are added to read as follows: 30 14. Applications shall be processed by the board of elections in the 31 manner prescribed by [~~section~~] sections 5-200 and 5-210 of this title 32 or, if the applicant is already registered to vote from another address 33 in the county or city, in the manner prescribed by section 5-208 of this 34 title. The board shall send the appropriate notice of approval or 35 rejection as required by either subdivision nine of such section 5-210 36 or subdivision five of such section 5-208. 37 18. All colleges and universities located in this state shall make 38 voter registration forms available to any students eligible to register 39 to vote under paragraph (g) of subdivision five of section 5-210 of this 40 title in the same manner and subject to the same provisions and rules 41 and regulations as all other designated agencies under this section; 42 except that a college or university that is not otherwise designated as 43 a source agency pursuant to section 5-200 of this title shall not be 44 required to collect or maintain forms containing a person's declination 45 to register to vote as required by subdivision ten of this section, or 46 to conduct a study and report thereon as required by subdivision seven- 47 teen of this section. 48 19. The state board of elections or, in the city of New York, the New 49 York city board of elections, shall provide to public colleges and 50 universities a sufficient quantity of coded voter registration applica- 51 tions that identify each such application as originating from either a 52 public college or university. The state board of elections shall provide 53 for the delivery of such coded applications by the first day of August 54 of each year to each college or university covered by this chapter, 55 except that the New York city board of elections shall provide and 56 deliver such forms to each participating public university or college

S. 139 6 1 located in the city of New York. Every board of elections scanning voter 2 registration forms shall capture any designated agency codes thereon and 3 report them on a monthly basis to the state board of elections which 4 shall make such detailed information available to the public. 5 § 5. Subdivisions 6 and 7 of section 5-212 of the election law, subdi- 6 vision 6 as amended by chapter 200 of the laws of 1996 and subdivision 7 7 as added by chapter 659 of the laws of 1994, are amended to read as 8 follows: 9 6. The department of motor vehicles shall transmit [~~that portion of~~ 10 ~~the form which constitutes the completed application for registration or~~ 11 ~~change of address form~~] all information collected pursuant to section 12 5-200 of this title to the appropriate board of elections not later than 13 ten days after receipt except that all such completed applications and 14 forms received by the department between the thirtieth and twenty-fifth 15 day before an election shall be transmitted in such manner and at such 16 time as to assure their receipt by such board of elections not later 17 than the twentieth day before such election. All transmittals shall 18 include original signatures or an electronic image thereof as required 19 by subdivision four of section 5-200 of this title. 20 7. [~~Completed application forms received~~] All information collected 21 pursuant to section 5-200 of this title by the department of motor vehi- 22 cles not later than the twenty-fifth day before the next ensuing prima- 23 ry, general or special election and transmitted by such department to 24 the appropriate board of elections so that they are received not later 25 than the twentieth day before such election shall entitle the applicant 26 to vote in such election provided the board determines that the appli- 27 cant is otherwise qualified. 28 § 6. Section 8-302 of the election law is amended by adding a new 29 subdivision 3-d to read as follows: 30 3-d. A person appearing on election day whose name cannot be found or 31 whose information is incomplete or incorrect on the statewide voter 32 registration list and who affirms that that he or she interacted with a 33 source agency listed in subdivision three of section 5-200 of this chap- 34 ter and consented to voter registration shall be permitted to cast an 35 affidavit ballot. Such affidavit ballot shall be counted if at the poll- 36 ing place, the person presents proof of identity and evidence of regis- 37 tering to vote or performing any of the activities specified in subdivi- 38 sion two of section 5-200 of this chapter, and there is no affirmative 39 proof that the person is ineligible to register to vote or that the 40 person did not register or perform any of the activities specified in 41 subdivision two of section 5-200 of this chapter. 42 (a) A person may swear to and subscribe to an affidavit stating that 43 the person has registered to vote or performed any of the activities in 44 subdivision two of section 5-200 of this chapter and consented to use 45 agency information for voter registration. That affidavit shall be 46 sufficient evidence of registering to vote or performing any of the 47 activities specified in subdivision two of section 5-200 of this chapter 48 for the purposes of this section. 49 (b) A person without identification may swear to and subscribe to an 50 affidavit stating that the person did not present documentary proof of 51 identity, but that all of the identifying information on the affidavit 52 ballot envelope is complete and accurate. That affidavit shall be suffi- 53 cient evidence of identity for the purposes of this section. Nothing in 54 this subdivision shall be deemed to override the provisions of subdivi- 55 sion two-a of this section governing the requirements for a person whose 56 name appears in the computer generated registration list with a notation

S. 139 7 1 indicating that the voter's identity was not yet verified as required by 2 the federal Help America Vote Act. 3 § 7. Subdivision 1 of section 3-220 of the election law, as amended by 4 chapter 104 of the laws of 2010, is amended to read as follows: 5 1. All registration records, certificates, lists, and inventories 6 referred to in, or required by, this chapter shall be public records and 7 open to public inspection under the immediate supervision of the board 8 of elections or its employees and subject to such reasonable regulations 9 as such board may impose, provided, however, that no data transmitted 10 pursuant to section 5-200 of this chapter shall be considered a public 11 record open to public inspection solely by reason of its transmission 12 and that the following information shall not be released for public 13 inspection: 14 (a) any voter's signature; 15 (b) the personal residence and contact information of any voter for 16 whom any provision of law requires confidentiality; 17 (c) any portion of a voter's driver's license number, [~~department of~~ 18 ~~motor vehicle~~] non-driver [~~photo ID~~] identification card number, social 19 security number and facsimile number [~~shall not be released for public~~ 20 ~~inspection~~]; 21 (d) any voter's telephone number; and 22 (e) any voter's email address. No such records shall be handled at 23 any time by any person other than a member of a registration board or 24 board of inspectors of elections or board of elections except as 25 provided by rules imposed by the board of elections. 26 § 8. (a) A task force on automatic voter registration shall be estab- 27 lished by the state board of elections to examine, evaluate and make 28 recommendations concerning the implementation and affects of the 29 provisions of this act. 30 (b) The task force shall consist of two commissioners of the state 31 board of elections appointed by majority vote of the state board of 32 elections, the commissioner of motor vehicles, and members appointed by 33 the state board of elections who shall represent such interests as such 34 board shall deem to be relevant to the provisions of this act, includ- 35 ing: 36 (1) the state university of New York; 37 (2) the city university of New York; 38 (3) the board of elections of the city of New York; 39 (4) county boards of elections throughout the state; 40 (5) state agencies affected by the provisions of this act; 41 (6) the department of corrections and community supervision; 42 (7) the department of labor; 43 (8) the division of military and naval affairs; and 44 (9) municipal housing authorities. 45 (c) The members of the task force shall receive no compensation for 46 their services, but shall be allowed their actual and necessary expenses 47 incurred in the performance of their duties pursuant to this section. 48 (d) Within one year of the effective date of this section, and annual- 49 ly thereafter, the task force shall report its findings, conclusions and 50 recommendations to the governor and the legislature. 51 § 9. This act shall take effect one year after it shall have become a 52 law; provided that section eight of this act shall expire and be deemed 53 repealed five years after such effective date.

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