2006 New York Code - Registration And Enrollment And Change Of Enrollment Upon Application.

 
    §  5-210.  Registration  and  enrollment and change of enrollment upon
  application. 1. In addition to local registration and veterans' absentee
  registration as provided in this chapter, any qualified person may apply
  personally for registration and enrollment, change of enrollment by mail
  or by appearing at the board of elections on any day, except  a  day  of
  election,  during  the  hours  that  such board of elections is open for
  business.
    2. (a) Application forms for use pursuant to  this  section  shall  be
  furnished  by  a county board of elections to any person requesting such
  form. Application forms sent outside of the United States to  a  country
  other than Canada or Mexico, shall be sent airmail. Each county board of
  elections  shall  also  cause such application forms to be as widely and
  freely distributed as possible.
    (b) The board of elections shall mail an application for  registration
  by mail and information on how the person may re-register to each person
  for  whom  it  receives notice pursuant to the provisions of subdivision
  four of section 5-402 of this article that such person  has  moved  into
  such  city  or  county unless such person is already registered from the
  address listed in such notice.
    3. Completed application forms, when received by any county  board  of
  elections  and,  with  respect  to  application forms promulgated by the
  federal election  commission,  when  received  by  the  state  board  of
  elections,  or  showing  a  dated cancellation mark of the United States
  Postal Service  or  contained  in  an  envelope  showing  such  a  dated
  cancellation  mark  which  is not later than the twenty-fifth day before
  the next ensuing primary, general or special election, and  received  no
  later  than  the  twentieth  day  before  such election, or delivered in
  person to such county board of elections not later than  the  tenth  day
  before  a  special election, shall entitle the applicant to vote in such
  election, if he or she is otherwise qualified, provided,  however,  such
  applicant  shall  not vote on a voting machine until his or her identity
  is verified. Any county board of elections receiving an application form
  from a person who does not reside  in  its  jurisdiction  but  who  does
  reside  elsewhere in the state of New York, shall forthwith forward such
  application form to the proper county board of elections. Each board  of
  elections  shall  make  an  entry  on  each  such form of the date it is
  received by such board.
    4. Any qualified person who has been  honorably  discharged  from  the
  military after the twenty-fifth day before a general election or who has
  become a naturalized citizen after the twenty-fifth day before a general
  election may personally register at the board of elections in the county
  of  his  or her residence and vote in the general election held at least
  ten days after such registration.
    5. Statewide application forms shall be designed by the state board of
  elections, which shall conform to  the  requirements  for  the  national
  voter  registration form in the rules and regulations promulgated by the
  federal election commission and the federal Help America Vote  Act,  and
  shall  elicit the information required for the registration poll record.
  The form shall include such other information  as  the  state  board  of
  elections  may  reasonably  require  to enable the board of elections to
  assess  the  eligibility  of  the  applicant  and  to  administer  voter
  registration  and  other  parts  of  the election process and shall also
  include the following information:
    (a) Notice that those voters  currently  registered  do  not  need  to
  reregister unless they have moved outside of the city or county in which
  they were registered.
    (b)  Instructions  on how to fill out and submit the form and that the
  form must be  received  by  any  county  board  of  elections  at  least
  twenty-five days prior to the election at which the applicant may vote.
    (c)  Notice that registration and enrollment is not complete until the
  form is received by the appropriate county board of elections.
    (d) Notice of a voter's right to register locally.
    (e) A warning that it is a crime to procure a false registration or to
  furnish false information to the board of elections.
    (f) Notice that political party enrollment is optional  but  that,  in
  order  to  vote in a primary election of a political party, a voter must
  enroll  in  that  political  party,  unless  state  party  rules   allow
  otherwise.
    (g)  Notice that the applicant must be a citizen of the United States,
  is or will be at least  eighteen  years  old  not  later  than  December
  thirty-first  of  the  calendar  year in which he or she registers and a
  resident of the county or city to which application is made.
    (h) Notice that a voter notification  form  will  be  mailed  to  each
  applicant whose completed form is received.
    (i)  The  telephone number of the county board of elections and a toll
  free number at the state board of  elections  that  can  be  called  for
  answers to registration questions.
    (j)  A space for the applicant to indicate whether or not the voter is
  willing to serve on election day for a board of elections as an election
  inspector, poll clerk, interpreter or in other capacities.
    (k) The form shall also include space for the  following  information,
  which must be contained on the inside of the form after it is folded for
  mailing:
    (i) A space for the applicant to indicate whether or not he or she has
  ever voted or registered to vote before and, if so, the approximate year
  in which such applicant last voted or registered and his or her name and
  address at the time.
    (ii) The name and residence address of the applicant including the zip
  code and apartment number, if any.
    (iii) The date of birth of the applicant.
    (iv) A space for the applicant to indicate his or her driver's license
  or  department  of motor vehicles non-driver photo ID number or the last
  four digits of his or her social security number or,  if  the  applicant
  does  not have either such number, a space for the applicant to indicate
  he or she does not have either.
    (v) A space for the applicant to indicate whether or not he or she  is
  a citizen of the United States and the statement "If you checked "no" in
  response to this question, do not complete this form."
    (vi)  A space for the applicant to answer the question "Will you be 18
  years of age on or before election  day?"  and  the  statement  "If  you
  checked  "no"  in  response  to this question, do not complete this form
  unless you will be 18 by the end of the year."
    (vii) A  statement  informing  the  applicant  that  if  the  form  is
  submitted  by  mail and the applicant is registering for the first time,
  certain information or documents must  be  submitted  with  the  mail-in
  registration   form   in   order   to  avoid  additional  identification
  requirements upon voting  for  the  first  time.  Such  information  and
  documents are:
    (A)  a  driver's  license  or  department of motor vehicles non-driver
  photo ID number; or
    (B) the last four digits of the individual's social  security  number;
  or
    (C) a copy of a current and valid photo identification; or
    (D)  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.
    (viii) The gender of the applicant (optional).
    (ix)  A space for the applicant to indicate his or her choice of party
  enrollment, with a clear  alternative  provided  for  the  applicant  to
  decline to affiliate with any party.
    (x) The telephone number of the applicant (optional).
    (xi)  A place for the applicant to execute the form on a line which is
  clearly labeled "signature  of  applicant"  preceded  by  the  following
  specific form of affirmation:
    AFFIDAVIT: I swear or affirm that:
       * I am a citizen of the United States.
       * I will have lived in the county, city, or village for at least 30
         days before the election.
       * I  meet  all  the  requirements  to  register to vote in New York
         State.
       * This is my signature or mark on the line below.
       * All the information contained on  this  application  is  true.  I
         understand that if it is not true I can be convicted and fined up
         to $5,000 and/or jailed for up to four years.
  which  form of affirmation shall be followed by a space for the date and
  the aforementioned line for the applicant's signature.
    (l) The mail voter registration  application  form  developed  by  the
  federal  election  commission pursuant to the provisions of section nine
  of the National Voter Registration Act of 1993 42 USC 1973gg-7 shall  be
  deemed  to  meet  the  requirements of this section. Any application for
  registration received on such an application form shall be  accepted  if
  the  applicant is otherwise eligible to register to vote pursuant to the
  provisions of this article.
    6. A person who willfully makes a  material  false  statement  in  any
  application   for   registration   and  enrollment  and/or  transfer  of
  registration and enrollment  or  special  enrollment  by  mail,  or  who
  knowingly  makes a false affirmation, or who offers or attempts to offer
  any  application  for  registration  and  enrollment  or   transfer   of
  registration  and  enrollment  or  special  enrollment  knowing that the
  applicant is not qualified to register or enroll, or transfer his or her
  registration and enrollment or to specially enroll, shall be guilty of a
  class E felony.
    7. Each county board of elections shall deliver a sufficient number of
  such uniform statewide application  forms  to  each  local  post  office
  within  its  county  and  keep  such  post  office so supplied, with the
  request that the postmaster thereof make them available  to  the  public
  for its use in participating in the electoral process.
    8. Upon its receipt by the county board of elections, each application
  form  shall  be  reviewed and examined by such board. If the application
  shall contain substantially all the required information indicating that
  the applicant is legally qualified to register and/or enroll  as  stated
  in  his or her application, the county board of elections shall transfer
  all information on such  application  to  the  appropriate  registration
  records.  If  requested by any member of the board, the application form
  of any voter, or group of voters, must be reviewed and examined  by  two
  such  board members or two employees of the board representing different
  political parties. Such members or employees shall place their  initials
  or other identifying information on the registration poll record of such
  voter  or on a computer generated list of such registrations. Such lists
  shall be preserved in the same manner, and for the same  time,  as  such
  registration  poll  records. If the application indicates that the voter
  does not have  a  driver's  license  or  department  of  motor  vehicles
  non-driver  photo ID number or a social security number, the state board
  of elections shall, upon the transmission of voter  information  to  the
  statewide  voter  registration list as required by section 5-614 of this
  article, assign such voter a unique identifier.
    9. The county board of elections shall, promptly and in any event, not
  later than twenty-one days after  receipt  by  it  of  the  application,
  verify  the  identity  of  the  applicant. In order to do so, the county
  board of  elections  shall  utilize  the  information  provided  in  the
  application  and  shall  attempt  to  verify  such  information with the
  information  provided  by  the  department  of  motor  vehicles,  social
  security  administration  and  any  other  lawful  available information
  source. If the county  board  of  elections  is  unable  to  verify  the
  identity  of  the applicant within twenty-one days of the receipt of the
  application, it  shall  immediately  take  steps  to  confirm  that  the
  information  provided  by  the applicant was accurately utilized by such
  county  board  of  elections,  was  accurately   verified   with   other
  information  sources and that no data entry error, or other similar type
  of error, occurred. Following completion of  the  preceding  steps,  the
  county board of elections shall mail (a) a notice of its approval, (b) a
  notice  of its approval which includes an indication that such board has
  not yet been able to verify the identity of the applicant and a  request
  for  more information so that such verification may be completed, or (c)
  a notice of its rejection of the application to the applicant in a  form
  approved  by  the state board of elections. Notices of approval, notices
  of approval with requests for more information or notices  of  rejection
  shall be sent by nonforwardable first class or return postage guaranteed
  mail  on  which  is  endorsed  "ADDRESS  CORRECTION REQUESTED" and which
  contains a request that any such mail received for persons not  residing
  at the address be dropped back in the mail. The voter's registration and
  enrollment  shall  be  complete  upon  receipt of the application by the
  appropriate county board of elections. The failure of a county board  of
  elections  to  verify an applicant's identity shall not be the basis for
  the rejection of a voter's application,  provided,  however,  that  such
  verification  failure  shall  be the basis for requiring county board of
  elections to take the additional verification  steps  provided  by  this
  chapter.  The  notice  shall also advise the registrant of the date when
  his registration and enrollment is effective, of the date and the  hours
  of  the next regularly scheduled primary or general election in which he
  will be eligible to vote, of the location of the polling  place  of  the
  election  district  in which he is or will be a qualified voter, whether
  such polling place is accessible to physically  handicapped  voters,  an
  indication  that  physically handicapped voters or voters who are ill or
  voters who will be out of the city or county on the day of  the  primary
  or  general election, may obtain an absentee ballot and the phone number
  to call for absentee ballot applications, the phone numbers to call  for
  location  of  polling places, to obtain registration forms and the phone
  number to call to indicate  that  the  voter  is  willing  to  serve  on
  election  day  as an inspector, poll clerk or interpreter. The notice of
  approval, notice of approval with request for more information or notice
  of rejection shall also advise the applicant  to  notify  the  board  of
  elections if there is any inaccuracy. The form of such mail notification
  shall  be  prescribed  by the state board of elections and shall contain
  such other information and instructions as it may reasonably require  to
  carry out the purposes of this section. The request for more information
  shall  inform  the  voter  that  "THE  FAILURE  TO  CONTACT THE BOARD OF
  ELECTIONS AND CORRECT ANY INACCURACIES IN  THE  APPLICATION  OR  PROVIDE
  REQUESTED   ADDITIONAL   INFORMATION   MAY   RESULT  IN  A  REQUEST  FOR
  IDENTIFICATION AT THE POLLS  IN  ORDER  TO  CAST  A  VOTE  ON  A  VOTING
  MACHINE."  If such notice is returned undelivered without a new address,
  the board shall forthwith send  such  applicant  a  confirmation  notice
  pursuant  to  the  provisions of section 5-712 of this article and place
  such applicant in inactive status. The state board  of  elections  shall
  prepare  uniform  notices by this section as provided for in subdivision
  eight of section 3-102 of this chapter.
    10. If the board of elections has been unable to verify  the  identity
  of  the  applicant  within forty-five days of the application, the board
  shall mail a second request for more information to the applicant.  This
  notice  shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF
  ELECTIONS AND CORRECT ANY INACCURACIES IN  THE  APPLICATION  OR  PROVIDE
  REQUESTED   ADDITIONAL   INFORMATION   MAY   RESULT  IN  A  REQUEST  FOR
  IDENTIFICATION AT THE POLLS  IN  ORDER  TO  CAST  A  VOTE  ON  A  VOTING
  MACHINE."  If  the  board  of  elections  remains  unable  to verify the
  identity of the voter it shall so indicate with a notation next  to  the
  voter's  name  in  the  registration  list.  Such  a  voter  may provide
  information to assist the county board to verify his or her identity  at
  any  time  and  such notation shall be removed by the board of elections
  upon such verification.
    11. If the county board of elections suspects or believes that for any
  reason the applicant is not entitled to registration and enrollment,  it
  shall make inquiry in reference thereto. If the board of elections shall
  find  that  the  applicant  is not qualified to register and enroll, the
  application shall  be  rejected  and  the  applicant  notified  of  such
  rejection and the reason therefor, no later than ten days before the day
  of  the first primary or general election occurring at least twenty-five
  days after the filing of the application.
    12. Whenever the county board of elections is not  satisfied  from  an
  examination  of an application for registration and enrollment, or after
  its initial inquiry, that the applicant is entitled to such registration
  or enrollment, it may order an  investigation  through  any  officer  or
  employee  of  the  state  or  county board of elections, police officer,
  sheriff or deputy sheriff.
    13. An affidavit or a signed statement by any officer or  employee  of
  the state or county board of elections or any police officer, sheriff or
  deputy  sheriff,  that  such  person visited the premises claimed by the
  applicant  as  his  or  her  residence  and  interrogated   an   inmate,
  house-dweller,  keeper, caretaker, owner, proprietor or landlord thereof
  or therein as to such applicant's residence therein or thereat, and that
  he or she was informed by one or more such persons,  naming  them,  that
  they knew the persons residing upon such premises and that the applicant
  did  not  reside  upon  such  premises  as  set  forth  in  his  or  her
  application, shall be sufficient authority for a  determination  by  the
  board  that the applicant is not entitled to registration or enrollment;
  but this provision shall not preclude the board from making  such  other
  determination,   as  the  result  of  other  inquiry,  as  it  may  deem
  appropriate.
    14. Notwithstanding the entry by the county board of elections on  the
  registration  poll record of the information contained on an application
  form prescribed by this section,  such  entry  shall  not  preclude  the
  county board of elections from subsequently rejecting the application if
  it  is  not  satisfied  that  the  applicant is entitled to register and
  enroll as provided by this  section,  provided  that  the  applicant  is
  notified  of  such rejection and reasons therefor no later than ten days
  before the day of the first primary or  general  election  occurring  at
  least twenty-five days after the filing of such application form.
    15.  a.  The  county  board  of  elections  shall  keep  a  record  of
  applications for registration as they are received  and  at  least  once
  each  month, shall, upon request of the chairman of a political party in
  the county, give such chairman a complete  list  of  the  persons  whose
  applications  were  approved together with their addresses and telephone
  numbers, and their election and assembly districts or wards, if any.
    b. Not more than four times a year, on dates determined by  the  state
  board  of  elections,  the  county  board of elections shall send to the
  chairman of each political party in the county a complete  list  of  the
  persons  whose applications were approved together with their addresses,
  their election and assembly districts or  wards,  if  any,  their  party
  enrollments  and  an  indication of whether such persons are eligible to
  vote in the primary elections to be held in that calendar year. Not more
  than twice a year, in even numbered years, on dates  determined  by  the
  state  board  of  elections,  the county board of elections shall send a
  copy of such list to the state board of elections. In counties  of  over
  one  hundred  thousand population, each such list shall be, and in other
  counties each such list may be, cumulative and include the names of  all
  such  persons  whose  names do not appear in the annual enrollment lists
  last published by such board of elections, together with  an  indication
  of  which such names did not appear on the previous list. Such lists may
  also include the names of those persons whose names  do  appear  in  the
  annual enrollment lists. Such lists shall be arranged in the same manner
  as the annual enrollment lists. Additional copies of such lists shall be
  available  to  the  public  at  a  charge  not  exceeding  the  cost  of
  publication or reproduction.