2006 New York Code - Motor Vehicle Registration.



 
    §  5-212.  Motor  vehicle  registration.  1.  In addition to any other
  method of voter registration provided for in this article, any qualified
  person may apply for registration and  enrollment  by  application  made
  simultaneously  and  integrated  with an application for a motor vehicle
  driver's license, a driver's license renewal or an  identification  card
  if  such  a  card  is  issued by the department of motor vehicles in its
  normal course of business.
    2. The department of motor vehicles, with the approval  of  the  state
  board  of  elections,  shall  design  a  form  or  forms which shall, in
  addition to eliciting  such  information  as  may  be  required  by  the
  department  of motor vehicles for a driver's license, a driver's license
  renewal, a change of address notification  or  an  identification  card,
  serve   as   an  application  for  registration  and  enrollment,  or  a
  registration necessitated by a change of residence.  The  cost  of  such
  forms shall be borne by the department of motor vehicles.
    3. The voter registration portion of such forms:
    (a)  shall not require any information that duplicates the information
  required on the application for the driver  license  portion  and  shall
  require  only  such  additional  information,  including the applicant's
  signature, as will enable election officials to assess  the  applicant's
  eligibility  to  register to vote, prevent duplicate registration and to
  administer voter registration and other parts of the election process.
    (b) shall include a statement  of  the  eligibility  requirements  for
  voter  registration  and  shall  require  the applicant to attest by his
  signature that he meets those requirements under penalty of perjury.
    (c) shall 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 false registration application;
    (iii)  that  the  office  where  applicant  registers   shall   remain
  confidential  and  the  information  be used only for voter registration
  purposes;
    (iv) if the applicant declines  to  register,  his  declination  shall
  remain confidential and be used only for voter registration purposes;
    4. Included on the form or on a separate form shall be:
    (a)  the  question,  "If you are not registered to vote where you live
  now, would you like to apply to register here today?"
    (b) boxes for the applicant to check to indicate whether the applicant
  would like to register or decline to register to vote.
    (c) the statement in prominent type, "IF YOU DO NOT CHECK EITHER  BOX,
  YOU  WILL  BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
  TIME."
    (d) the statement, "If you would like help in filling  out  the  voter
  registration application form, we will help you. The decision whether to
  seek  or accept help is yours.  You may fill out the application form in
  private."
    (e) the statement, "If you believe that someone  has  interfered  with
  your  right  to  register  or decline to register to vote, your right to
  privacy in deciding whether to register or in applying  to  register  to
  vote,  or  your  right  to  choose  your  own  political  party or other
  political preference, you may file a complaint with the state  board  of
  elections (address and toll free telephone number)."
    (f)  a  toll  free  number at the state board of elections that can be
  called for answers to registration questions.
    5. The form containing the declination to register to  vote  shall  be
  retained by the department of motor vehicles for the same period of time
  as  such department retains the accompanying application for services or
  for such shorter period of time as may be approved by the state board of
  elections.
    6. The department of motor vehicles shall transmit that portion of the
  form  which  constitutes  the  completed application for registration or
  change of address form to the appropriate board of elections  not  later
  than  ten days after receipt except that all such completed applications
  and  forms  received  by  the  department  between  the  thirtieth   and
  twenty-fifth  day before an election shall be transmitted in such manner
  and at such time as to assure their receipt by such board  of  elections
  not later than the twentieth day before such election.  All transmittals
  shall include original signatures.
    7.  Completed  application  forms  received by the department of motor
  vehicles not later than the twenty-fifth day  before  the  next  ensuing
  primary,  general or special election and transmitted by such department
  to the appropriate board of elections so  that  they  are  received  not
  later  than  the  twentieth  day  before such election shall entitle the
  applicant to vote in such election provided the  board  determines  that
  the applicant is otherwise qualified.
    8.   Disclosure   of   voter  registration  information,  including  a
  declination to register, by the department of motor vehicles, its agents
  or employees, for other  than  voter  registration  purposes,  shall  be
  deemed  an  unwarranted  invasion  of  personal  privacy pursuant to the
  provisions of subdivision two  of  section  eighty-nine  of  the  public
  officers law and shall constitute a violation of this chapter.
    9.  Application  forms shall be processed by the board of elections in
  the manner prescribed  by  section  5-210  of  this  title  or,  if  the
  applicant  is  already  registered  to vote from another address in such
  county or city, in the manner prescribed by section 5-208 of this title.
  The board shall send the appropriate notice of approval or rejection  as
  required by either subdivision nine of such section 5-210 or subdivision
  five of such section 5-208.
    10.  Strict  neutrality  with  respect  to a person's party enrollment
  shall be maintained and all persons seeking voter registration forms and
  information  shall  be  advised  that  government   services   are   not
  conditioned on being registered to vote.
    11.  No statement shall be made nor any action taken to discourage the
  applicant from registering to vote.
    12. The department of motor vehicles shall provide to each person  who
  chooses  to  register  to  vote the same level of assistance provided to
  persons in connection with the completion of  the  agency's  own  forms,
  unless such person refuses such assistance.
    13.  The  state board shall adopt such rules and regulations as may be
  necessary to carry out the requirements of this section. The board shall
  also adopt such rules and regulations as may  be  necessary  to  require
  county  boards and the department of motor vehicles to provide the state
  board with such information and data as the  board  deems  necessary  to
  assess  compliance  with  this section and to compile such statistics as
  may be required by the federal elections commission.
    14. The state board shall develop and  distribute  public  information
  and promotional materials relating to the purposes and implementation of
  this program.
    15.  The state board shall prepare and distribute to the department of
  motor vehicles written instructions as  to  the  implementation  of  the
  program  and shall be responsible for establishing training programs for
  employees of the department of motor vehicles involved in such program.
    16. The commissioner of motor vehicles shall take  all  actions  which
  are  necessary  and  proper  for the implementation of this section. The
  commissioner of motor vehicles shall designate  one  person  within  the
  agency  as the agency voter registration coordinator who will, under the
  direction of the state board of elections, be responsible for the  voter
  registration program in such agency.

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