2006 New York Code - Agency Assisted Registration.

 
    §  5-211.  Agency assisted registration.   Each agency designated as a
  participating  agency  under  the  provisions  of  this  section   shall
  implement and administer a program of distribution of voter registration
  forms  pursuant to the provisions of this section. The following offices
  which provide public assistance and/or  provide  state  funded  programs
  primarily engaged in providing services to persons with disabilities are
  hereby  designated  as  voter registration agencies:   designated as the
  state agencies which provide public assistance  are  the  department  of
  social services and the department of health.  Also designated as public
  assistance  agencies  are  all agencies of local government that provide
  such assistance. Designated as  state  agencies  that  provide  programs
  primarily  engaged in providing services to people with disabilities are
  the department of labor, office for the  aging,  division  of  veterans'
  affairs,  office  of mental health, office of vocational and educational
  services for individuals with disabilities,  commission  on  quality  of
  care  for  the  mentally  disabled,  office  of  mental  retardation and
  developmental  disabilities,  commission  for  the  blind  and  visually
  handicapped,  office  of  alcoholism  and  substance abuse services, the
  office of the advocate for the disabled and all offices which administer
  programs established  or  funded  by  such  agencies.  Additional  state
  agencies  designated as voter registration offices are the department of
  state and the division of workers' compensation. Such agencies shall  be
  required  to  offer  voter  registration  forms  to persons upon initial
  application for services, renewal or recertification  for  services  and
  change of address relating to such services. Such agencies shall also be
  responsible  for  providing assistance to applicants in completing voter
  registration forms, receiving and transmitting the completed application
  form from all applicants who wish to have such form transmitted  to  the
  appropriate  board  of  elections.  The  state board of elections shall,
  together with representatives of the department of defense, develop  and
  implement  procedures  for  including  recruitment  offices of the armed
  forces of the United States as  voter  registration  offices  when  such
  offices  are  so  designated by federal law.  The state board shall also
  make request of the United States Immigration and Naturalization Service
  to include applications for registration  by  mail  with  any  materials
  which  are  given  to  new  citizens.    All  institutions  of the state
  university of New York and the city university of New  York,  shall,  at
  the  beginning  of  the  school  year, and again in January of a year in
  which the president of the United States is to be  elected,  provide  an
  application  for  registration to each student in each such institution.
  The state board of elections may, by regulation, grant a waiver from any
  or all of the requirements of this section to any office or  program  of
  an  agency,  if it determines that it is not feasible for such office or
  program to administer such requirement.
    1. The state board of elections shall adopt such rules and regulations
  as may be necessary to carry out the requirements of  this  section  and
  shall   prepare   and   distribute  to  participating  agencies  written
  instructions as to the  implementation  of  the  program  and  shall  be
  responsible   for   establishing  training  programs  for  employees  of
  participating agencies involved in such  program.  The  state  board  of
  elections  shall  provide  a  toll free telephone to answer registration
  questions.
    2. 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. No statement shall be made  nor
  any action taken to discourage the applicant from registering to vote.
    3.  If  a  participating  agency  provides services to a person with a
  disability at the person's place of residence, the  agency  shall  offer
  the  opportunity  to complete a voter registration form at such place of
  residence.
    4.  Each participating agency shall provide to each applicant who does
  not decline to register to vote  the  same  degree  of  assistance  with
  regard  to  the  completion  of  the registration application form as is
  provided by the agency with regard to the completion  of  its  own  form
  unless the applicant refuses such assistance.
    5.  Employees  of  a  voter  registration  agency  who  provide  voter
  registration assistance shall not:
    (a) seek to influence an applicant's  political  preference  or  party
  designation;
    (b) display any political preference or party allegiance;
    (c)  make any statement to an applicant or take any action the purpose
  or effect of which is to discourage the applicant  from  registering  to
  vote; or
    (d)  make any statement to an applicant or take any action the purpose
  or effect of which is to lead the applicant to believe that  a  decision
  to  register  or  not to register has any bearing on the availability of
  services or benefits.
    6. The state board of  elections  shall  coordinate  and  monitor  the
  distribution  of  voter  registration  forms  by  those  state agencies,
  departments, divisions  and  offices  selected  to  participate  in  the
  program to maximize the efficient and non partisan distribution of voter
  registration  information  and  forms.  The  board shall also adopt such
  rules and regulations as may be necessary to require county  boards  and
  participating  agencies 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.
    7.  Each  participating  agency,  department, division and office that
  makes available  voter  registration  forms  shall  prominently  display
  promotional  materials  designed  and  approved  by  the  state board of
  elections, informing the public of the existence of  voter  registration
  services.
    8.  Each  participating  agency,  department,  division or office that
  makes available voter registration forms pursuant to this section  shall
  offer  with  each  application  for  the  services or assistance of such
  agency, department, division or office and  with  each  recertification,
  renewal   or  change  of  address  form  relating  to  such  service  or
  assistance, a registration form together with instructions  relating  to
  eligibility  to  register  and for completing the form except that forms
  used by the department of social services for  the  initial  application
  for  services,  renewal  or  recertification  for services and change of
  address relating to such services shall physically incorporate  a  voter
  registration   application   in   a   fashion  that  permits  the  voter
  registration portion of the agency form to be detached  therefrom.  Such
  voter  registration  application  shall  be designed so as to ensure the
  confidentiality of the source of the  application.    Included  on  each
  participating  agency's  application  for services or assistance 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)  The  statement, "applying to register or declining to register to
  vote will not affect the amount of assistance that you will be  provided
  by this agency."
    (c) boxes for the applicant to check to indicate whether the applicant
  would like to register or decline to register to vote.
    (d)  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."
    (e)  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."
    (f)  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)."
    (g) a toll free number at the state board of  elections  that  can  be
  called for answers to registration questions.
    9.   Disclosure   of   voter  registration  information,  including  a
  declination to register,  by  a  participating  agency,  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.
    10.  The  form containing the declination to register to vote shall be
  retained by the recipient agency for the same period  of  time  as  such
  agency  retains  the  accompanying  application for services or for such
  shorter period of time  as  may  be  approved  by  the  state  board  of
  elections.
    11. The participating agency shall transmit the completed applications
  for registration and change of address forms to the appropriate board of
  elections  not  later  than  ten days after receipt except that all such
  completed applications and forms received  by  the  agency  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.
    12. Completed application forms,  when  received  by  a  participating
  agency  not  later  than  the  twenty-fifth  day before the next ensuing
  primary, general or special election and transmitted by such  agency  to
  the  appropriate  board  of  elections so that they are received by such
  board 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.
    13. The state board of elections shall provide application  forms  for
  use  pursuant  to  this section except that any agency which uses a form
  other than such registration form shall  be  responsible  for  providing
  such  form.  Forms  which  vary  in  design and or content from the form
  approved by the state board of elections  may  only  be  used  with  the
  approval of such board.
    14.  Applications  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 the 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.
    15. The head of each participating agency shall take all actions which
  are necessary and proper for the implementation of  this  section.  Each
  agency  head  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.
    16.  The  state  board shall develop and distribute public information
  and promotional materials relating to the purposes and implementation of
  this program.
    17. Each agency  designated  as  a  participating  agency  under  this
  section  shall  conduct  a  study  and prepare a report to determine the
  feasibility, practicality  and  cost-effectiveness  of  designing  their
  agency  intake  forms  to  serve  also  as voter registration forms that
  comply with state and federal  law.  Such  study  and  report  shall  be
  completed  by December 1, 1996. Copies of such reports shall be provided
  to the governor, the temporary president of the senate, the  speaker  of
  the  assembly  and the state board of elections. After submission of the
  report, participating agencies  that  determine  that  it  is  feasible,
  practical  and  cost-effective  to  have  such forms also serve as voter
  registration forms shall do so upon the approval of the state  board  of
  elections.    For  each agency that determines it is feasible, practical
  and cost effective to use agency intake forms that serve also  as  voter
  registration  forms,  the  state  board  of  elections  shall approve or
  disapprove such use within six months of the submission of the report by
  the agency.