STATE OF NEW YORK ________________________________________________________________________ 6764 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. CUNNINGHAM -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to notices to voters of registration cancellation or inactive status The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 5-213 of the election law is amended by adding a 2 new subdivision 6 to read as follows: 3 6. When a board of elections places a voter's registration in inactive 4 status, the board of elections shall notify the voter immediately using: 5 (a) first class forwardable mail addressed to the address where the 6 board believes the voter now resides; (b) first class forwardable mail 7 addressed to the address where the voter is registered; and (c) any 8 email addresses and telephone numbers that are in the board of 9 elections' registration records for the voter. Such notices shall 10 explain the reason why the voter has been placed in inactive status. The 11 state board of elections shall establish uniform, statewide forms of 12 notice for this purpose. 13 § 2. Subdivisions 2 and 3 of section 5-402 of the election law, subdi- 14 vision 2 as amended by chapter 94 of the laws of 1997 and subdivision 3 15 as amended by chapter 373 of the laws of 1978, are amended and a new 16 subdivision 5 is added to read as follows: 17 2. Whenever the board has reason to believe that a registered voter is 18 no longer qualified to vote, it shall, before cancelling his or her 19 registration, notify him or her, in a uniform, statewide form approved 20 by the state board of elections, [by first class forwardable mail to the 21 address from which he was last registered] using all of the notification 22 methods prescribed by subdivision five of this section, which shall 23 state the reason why the voter's registration is being cancelled and 24 that he or she may appear before the board or answer in writing by mail, 25 stating the reasons why his or her registration should not be cancelled. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10591-01-3
A. 6764 2 1 Such notice shall also state that if the voter does not appear or answer 2 in writing within fourteen days after such notice is mailed, his or her 3 registration [will] shall be cancelled. Such notice shall also advise 4 the voter of his or her right to reregister pursuant to the provisions 5 of this chapter and shall contain the phone number to call for the days 6 and hours of local registration and the location of local registration 7 places, the deadline for personal registration by mail for the next 8 general election and the phone number to call to obtain additional 9 applications for personal registration by mail. No such notice shall be 10 required in order to cancel the registration of a voter who has made a 11 personal request to be removed from the list of registered voters as 12 defined by subdivision two of section 5-400 of this title or the regis- 13 tration of a voter whose name has been in inactive status for at least 14 the period required by paragraph (f) of subdivision one of section 5-400 15 of this title or to cancel the registration of a voter who has died. 16 Together with such notice of cancellation, the board shall mail to such 17 voter a postage paid return card in a form approved by the state board 18 of elections. Such card shall provide a place for the voter to set forth 19 the reasons for his or her continued eligibility to vote in such county 20 or city and to indicate his or her current address in the county or city 21 and a statement that failure to return the card [will] shall result in 22 cancellation of registration. The card shall also inform the voter of 23 how to reregister if the voter has moved out of the county or city. If 24 such registered voter shall fail to appear or answer in writing within 25 such time or if, after he or she so appears or writes, the board is not 26 satisfied that he or she is qualified to remain registered, the board 27 shall cancel his or her registration. 28 3. The board of elections shall notify immediately every person whose 29 registration is cancelled [after such person has responded, in person or 30 by mail, to a notice sent pursuant to subdivision two of this section,] 31 of the action taken and the reason therefor, [by written notice to the 32 address from which he was last registered] using all of the methods of 33 notice prescribed by subdivision five of this section. Such notice 34 shall advise such persons either of their right to reregister or their 35 right to apply to a court of law for reinstatement, whichever is appro- 36 priate. 37 5. When a board of elections gives a voter notice of cancellation or 38 notice of the board's intent to cancel a voter's registration, the board 39 of elections shall immediately notify the voter using: (a) first class 40 forwardable mail addressed to the address where the board believes the 41 voter now resides; (b) first class forwardable mail addressed to the 42 address where the voter is registered; and (c) any email addresses and 43 telephone numbers that are in the board of elections' registration 44 records for the voter. The state board of elections shall establish 45 uniform, statewide forms of notice for this purpose. 46 § 3. Subdivisions 2, 3 and 5 of section 5-712 of the election law, 47 subdivisions 2 and 3 as amended by chapter 200 of the laws of 1996 and 48 subdivision 5 as added by chapter 659 of the laws of 1994, are amended 49 to read as follows: 50 2. (a) The board of elections shall also send a confirmation notice to 51 every registered voter for whom it receives a notice of change of 52 address to an address not in such city or county which is not signed by 53 the voter by first class forwardable mail, and to any email addresses 54 and telephone numbers that are in the board of elections' registration 55 records for the voter. Such change of address notices shall include, but 56 not be limited to, notices of change of address received pursuant to
A. 6764 3 1 subdivision eleven of section 5-211 and subdivision six of section 5-212 2 of this article, notice of change of address from the United States 3 Postal Service through the National Change of Address System or from any 4 other agency of the federal government or any agency of any state or 5 local government and notice of a forwarding address on mail sent to a 6 voter by the board of elections and returned by the postal service. Such 7 confirmation notices shall be sent to such new address by first class 8 forwardable mail, and the board shall notify the voter using any email 9 addresses and telephone numbers that are in the board of elections' 10 registration records for the voter. 11 (b) If a notice sent pursuant to paragraph (a) of this subdivision to 12 the voter at the new address is returned as undeliverable, the board of 13 elections shall send another second such notice by first class forwarda- 14 ble mail, and to any email addresses and telephone numbers that are in 15 the board of elections' registration records for the voter to the 16 address at which the voter was originally registered. 17 3. Such notices required by subdivisions one and two of this section 18 shall be [in a form] sent using uniform, statewide forms prescribed by 19 the state board of elections and the mailed notices shall include a 20 postage-paid return card on which the voter may confirm the fact that he 21 or she still resides at the address to which the notice was sent, or 22 notify the board of any change of address. Such notices shall request 23 all voters who receive the notice to reply with their current addresses. 24 Such notices shall request all voters who receive the notice to reply 25 with their current addresses and shall state that voters who have not 26 moved or who have moved within the county or city and who do not respond 27 may be required to vote by affidavit ballot and that if they do not vote 28 in any election up to and including the second federal election after 29 such notice, their registrations may be cancelled. Such notices sent to 30 addresses in New York state shall also include a mail registration form 31 and information on how voters who have moved to a different city or 32 county may reregister. 33 5. All voters or applicants to whom a confirmation notice is sent, 34 pursuant to the provisions of this section, shall forthwith be placed in 35 inactive status. When a voter is placed in inactive status, the board of 36 elections shall notify the voter that they are now in inactive status 37 using all of the methods set forth in subdivision five of section 5-402 38 of this article that must be used to notify a voter that their registra- 39 tion has been cancelled and the notices shall state the reason that the 40 voter has been placed in inactive status. Boards of elections shall use 41 a uniform, statewide notice approved by the state board of elections for 42 this purpose. 43 § 4. This act shall take effect immediately.