(a) include a statement of the eligibility requirements for voter
registration and shall require the applicant to attest by the
applicant's signature that the applicant meets those requirements under
penalty of perjury and is applying to register or pre-register to vote
unless such applicant declines such registration;
(b) inform the applicant, in print identical to that used in the
attestation section of the following:
(i) voter eligibility requirements;
(ii) penalties for submission of a false registration application;
(iii) that the office where the applicant applies for registration
shall remain confidential and the voter registration information shall
be used only for voter registration purposes;
(iv) that if the applicant applies to register to vote electronically,
such applicant thereby consents to the use of an electronic copy of the
individual's manual signature that is in the custody of the department
of motor vehicles, the state board of elections, or other agency
designated by this section, as the individual's voter registration
exemplar signature if the individual voter's exemplar signature is not
provided with the voter registration application;
(v) if the applicant signs the application and does not check the box
declining to register to vote, such applicant thereby consents to the
use of any information required to complete the voter registration
application;
(vi) if the applicant declines to register, such applicant's
declination shall remain confidential and be used only for voter
registration purposes; and
(vii) that applying to register or declining to register to vote will
not affect the amount of assistance that the applicant will be provided
by this agency;
(c) include a box for the applicant to check to indicate whether the
applicant would like to decline to register to vote along with the
following statement in prominent type, "IF YOU DO NOT CHECK THIS BOX,
AND YOU PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU WILL HAVE APPLIED
TO REGISTER OR PRE-REGISTER TO VOTE, AND YOU WILL HAVE ATTESTED TO YOUR
ELIGIBILITY TO REGISTER OR PRE-REGISTER TO VOTE."
(d) include the following warning statement in prominent type, "IF YOU
ARE NOT A CITIZEN OF THE UNITED STATES, YOU MUST CHECK THE BOX BELOW.
NON-CITIZENS WHO REGISTER OR PRE-REGISTER TO VOTE MAY BE SUBJECT TO
CRIMINAL PENALTIES AND SUCH VOTER REGISTRATION OR PRE-REGISTRATION MAY
RESULT IN DEPORTATION OR REMOVAL, EXCLUSION FROM ADMISSION TO THE UNITED
STATES, OR DENIAL OF NATURALIZATION.";
(e) include a space for the applicant to indicate the applicant's
choice of party enrollment, with a clear alternative provided for the
applicant to decline to affiliate with any party and the following
statement in prominent type " ONLY ENROLLED MEMBERS OF A POLITICAL PARTY
MAY VOTE IN THAT PARTY'S PRIMARIES".
(f) include a statement that if an applicant is a victim of domestic
violence or stalking, the applicant may contact the state board of
elections before or after registering or pre-registering to vote in
order to receive information regarding the address confidentiality
program for victims of domestic violence under section 5-508 of this
article.
7. Information from the voter relevant to both voter registration and
the agency application shall be entered by the voter only once upon an
electronic application.
8. The agency shall redact or remove from the completed integrated
application to be transmitted to the state board of elections any
information solely applicable to the agency application.
9. Information concerning the citizenship status of individuals, when
collected and transmitted pursuant to subdivision one of this section,
shall not be retained, used or shared for any other purpose except as
may be required by law.
10. A voter shall be able to decline to register to vote using an
integrated application by selecting a single check box, or equivalent,
which shall include the following statement: "I DECLINE USE OF THIS FORM
FOR VOTER REGISTRATION AND PRE-REGISTRATION PURPOSES. DO NOT FORWARD MY
INFORMATION TO THE BOARD OF ELECTIONS."
11. The voter shall be able to sign the voter registration application
and the agency application by means of a single manual or electronic
signature unless the agency requires more than one signature for other
agency purposes.
12. No application for voter registration shall be submitted if the
applicant declines registration or fails to sign the integrated
application, whether on paper or online.
13. Beginning January first, two thousand twenty-three, designated
agencies for purposes of this section shall include the department of
motor vehicles. Beginning January first, two thousand twenty-four,
designated agencies for the purposes of this section shall also include
the department of health, the office of temporary and disability
assistance, the department of labor, the office of adult career and
continuing education services - vocational rehabilitation, county and
city departments of social services, and the New York city housing
authority, as well as any other agency designated by the governor.
Beginning January first, two thousand twenty-five, designated agencies
for the purposes of this section shall also include the state university
of New York. Each designated agency shall enter into an agreement with
the state board of elections finalizing the format and content of
electronic transmissions required by this section. The state board of
elections shall prepare and distribute to designated agencies written
instructions as to the implementation of the program and shall be
responsible for establishing training programs for employees of
designated agencies listed in this section. Such instructions and such
training shall ensure usability of the integrated application for low
English proficiency voters. Any such designated agency shall take all
actions that are necessary and proper for the implementation of this
section, including facilitating technological capabilities to allow
transmission of data through an interface with the electronic voter
registration transmittal system in a secure manner.
14. Every other year, the governor shall conduct a review of each
participating agency under section 5-211 of this article not already
designated as an automatic voter registration agency pursuant to this
subdivision in order to determine whether designation is appropriate.
The governor shall designate each participating agency that collects
information or documents that would provide proof of eligibility to vote
unless the governor determines that there are compelling reasons why
automatic voter registration is not feasible at the agency. If the
governor should determine that there are compelling reasons why
automatic voter registration is not feasible at an agency, the governor
shall prepare a report explaining those reasons to the legislature by
the end of the calendar year in which that determination is made. Any
agency designated by the governor pursuant to this subdivision shall
provide automatic voter registration upon the earlier occurrence of: (a)
two years after designation by the governor, or (b) five days after the
date of certification by the state board of elections that the
information technology infrastructure to substantially implement the
provisions of this section at the agency is functional.
15. The state board of elections shall promulgate rules and
regulations for the creation and administration of an integrated
electronic voter registration process as provided for by this section.
16. Each participating agency shall provide an opportunity through
rulemaking for public notice and comment regarding the plans for
implementation in the agency. Such opportunity must be provided
sufficiently in advance of implementation to allow for adjustment of
agency plans to take public comment into account. Agency plans for
implementation shall provide for sufficient testing of the process in
the agency prior to implementation in order to ensure the technology is
functioning properly, the process is usable and understandable for
applicants and agency employees, and reasonable precautions have been
put in place to minimize error or the possibility of discouraging
applications for services, assistance, or registration.
Structure New York Laws