What's happening
This bill requires voters in New York to present valid government-issued photo ID when voting and waives ID card fees for low-income Medicaid recipients.
Why it matters
Significantly narrows acceptable forms of voter ID. by removing non-photo documents (like utility bills or bank statements) as options, making only government-issued photo IDs valid—this could increase barriers for voters who do not already have such identification.
Creates new requirements for affidavit (provisional) ballots. Voters without valid photo ID can only have their affidavit ballot counted if they present acceptable ID to the local board of elections within three days, potentially disenfranchising those unable to comply in time.
Waives ID card fees for low-income Medicaid recipients,. which could help alleviate the financial burden of obtaining a required ID for some voters, but leaves out other low-income groups not enrolled in Medicaid.
Defines a wide range of acceptable government-issued photo IDs,. including state IDs, U.S. passports, military IDs, and certain educational or medical cards, but still excludes many people, such as elderly or disabled individuals who may not possess these forms.
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Who cares
Headline styles
Require Photo ID to Vote
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Notice of committee consideration - requested
- Referred to elections
- Notice of committee consideration - requested
- Referred to elections
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2091
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law and the vehicle and traffic 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.
LBD07846-02-9
S. 2091 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 individual produces to the local board of elections a valid and current government issued photo identification within three days of casting that 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] and
[(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.); and
[(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)] (5) is entitled to vote otherwise than in person under any other federal law.
S. 2091 3
§ 2. Subdivision 2 of section 491 of the vehicle and traffic law is amended by adding a new paragraph (f) to read as follows:
(f) Any adult citizen whose income qualifies him or her for Medicaid, as verified in writing by the county's department of social services, shall not be required to pay any fee for an identification card. This provision shall not apply to identification cards described in paragraph (e) of this subdivision, which can be used for certain border crossings.
§ 3. 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 and the vehicle and traffic law, in relation to requiring a valid government issued photo identification card to be presented when casting a ballot
Purpose
This bill requires voters to present a valid photo identification. Additionally, this bill eliminates financial barriers that preclude low-income voters from obtaining a valid photo identification.
Summary of provisions
Section 1 amends the election law to require all voters to present a valid photo identification. It defines what constitutes a valid photo ID. Lastly, it permits those without ID to cast provisional ballots as long as they provide a valid ID to the Board of Elections within 3 days of the election.
Section 2 amends the vehicle and traffic law to waive the cost of a non-driver ID for those whose income qualifies them for Medicaid.
Section 3 sets the effective date.
Justification
Currently, 34 states have some form of voter ID laws. New York is not one of those states, which makes it very difficult to verify that voters are who they claim to be. Requiring a photo ID will strengthen the integrity and security of our elections. At a time when our state is passing election access retbrms like early voting, it is critical that we also pass reforms to heighten the security of our elections.
Concerns have been raised that voter ID laws discriminate against those on limited incomes because they are not able to afford a photo ID. This bill makes non-driver IDs free to those with low incomes to ensure that this law does not reduce their ability to access polls.
Legislative history
New Bill. Adapted from S.298 of 2017-2018, which was referred to Elections.
Fiscal implications
Minimal.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.