2019 New York Laws
ELN - Election
Article 5 - Registration and Enrollment of Voters
Title 7 - Checks Against Fraudulent Practices
5-708 - Change of Voter Status; Reports Of.

Universal Citation: NY Elec L § 5-708 (2019)

§ 5-708. Change of voter status; reports of. 1. It shall be the duty of the state health department and the department of health of the city of New York to deliver to the state board of elections, at least monthly, records, in a format as mutually determined by both agencies, of the names of all persons of voting age for whom death certificates were issued. Such records shall be arranged by county of residence and shall include the name, residence address and birth date of each such person.

2. It shall be the duty of every court having jurisdiction over such matters, or the office of court administration, to transmit to the appropriate board of elections or, in the discretion of the office of court administration, to the state board of elections, at least quarterly, the names, residence addresses and birthdates of all persons for whom convictions or revocations of probation or conditional discharge result in loss of voting privileges pursuant to the provisions of section 5-106 of this article. Such transmittals shall be in a format as mutually determined by such agencies and the state board of elections.

3. It shall be the duty of every court having jurisdiction over such matters or the office of court administration to transmit to the appropriate board of elections or, in the discretion of the office of court administration, to the state board of elections, at least quarterly, of the name, residence address and birthdate of any person of voting age who has been adjudicated as incompetent.

4. a. If a board of elections receives any notices pursuant to the provisions of subdivisions two and three of this section which set forth a residence address outside of the city or county of such board's jurisdiction, it shall, at least once a month, transmit such notices to the appropriate board of elections, or, if such address is outside the state, to the state board of elections.

b. The state board shall arrange such notices and the names received pursuant to the other provisions of this section by county of residence and transmit such notices and any notices of conviction for a felony received from a United States attorney to the appropriate board of elections.

c. If any such notices, or names received pursuant to the other provisions of this section, set forth a residence address outside New York state, the state board shall transmit such notices to the chief state election official of such state at such times and in such manner as it deems appropriate.

5. a. At least once each year during the month of February, each board of elections shall obtain through the National Change of Address System, the forwarding address for every voter registered with such board of elections for whom the United States Postal Service has such a forwarding address together with the name of each such voter whom the Postal Service records indicate has moved from the address at which he is registered without leaving a forwarding address.

b. The state board of elections shall obtain such information for those boards of elections which request it do so. Such a request must be made not later than April first. Each board which makes such a request shall supply the list of voters registered with such board in a format prescribed by the state board. Each such board shall reimburse the state board for the fees it disburses to obtain such information if such fee exceeds two hundred fifty dollars.

c. If the information received through the National Change of Address System indicates that a voter has moved to an address outside such county or city, or has moved without leaving a forwarding address, the board of elections shall, not later than June first, send such voter the confirmation notice prescribed by section 5-712 of this title and place such voter in inactive status pursuant to section 5-213 of this article.

d. If the information received through the National Change of Address System indicates that a voter has moved to another address in such county or city, the board of elections shall transfer the registration of such voter to such new address pursuant to the provisions of section 5-208 of this article and send such voter the notice prescribed by such section 5-208.

6. It shall be the duty of the appropriate officers of a city, town or village to notify the appropriate board of elections of any action by such city, town or village which shall affect or change the name or street numbers of any street located within such city, town or village. Upon receipt of such information the board of elections shall make the necessary changes in the addresses of the voters registered from addresses wherein such change of street name or street numbers was effected.

7. The real property assessment bureau of the department of finance of the city of New York shall notify the board of elections in the city of New York of each residence which, because of abandonment, demolition or vacancy, no longer contains a potential voter.


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