NY Elec L § 5-210 (2021)
2021 New York Laws ELN - Election Article 5 - Registration and Enrollment of Voters Title 2 - Registration and Enrollment 5-210 - 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  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 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 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  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 a qualifying condition, as defined in section three hundred fifty of the  executive  law, and has received a discharge other than bad conduct or dishonorable from the military after the twenty-fifth  day  before  a general  election,  or  who  is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law,  and  has  received  a discharge other than bad conduct or dishonorable 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  at  least sixteen years old when he or she submits an application to register to vote which will be effective for elections occurring  on  or after  the  applicant  turns eighteen years of age 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)  A space for the furnishing of an e-mail address, the furnishing of which shall be optional, together with a notice stating  that  if  an e-mail  address  is  furnished, all notices and communications otherwise required to be sent by the state board of  elections  to  the  voter  by postal  mail  shall be sent by e-mail in addition to postal mail. County boards of elections and the board of elections of the city of  New  York shall  have  the  option of sending notices and communications otherwise required to be sent to the voter by postal mail by e-mail in addition to postal mail if the voter furnishes an email address.  (iv) The date of birth of the applicant.  (v) 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.  (vi) 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."  (vii) 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."  (viii)  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.  (ix) The gender of the applicant (optional).  (x) 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.  (xi) The telephone number of the applicant (optional).  (xii) 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.  (xiii) A space for the applicant to register in  the  New  York  state donate life registry for organ and tissue donations established pursuant to section forty-three hundred ten of the public health law.  (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.  A  voter  whose registration is accepted pursuant to the provisions of  this  paragraph  shall  be  permitted  to furnish  an  e-mail  address to the board of elections, which furnishing shall carry the same notice and have the  same  effect  as  provided  by subparagraph (iii) of paragraph (k) of this subdivision.  (m)  The  form of affidavit prescribed by the state board of elections for requests for affidavit  ballot  pursuant  to  subdivision  three  of section  8-302  of this chapter shall be deemed to meet the requirements of this section. Any application for registration received on  the  form of affidavit shall be accepted if the applicant is otherwise eligible to register to vote pursuant to the provisions of this article, however the  failure to complete the voter registration application appearing on such affidavit envelope shall not otherwise invalidate the affidavit ballot.   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 such language designated by the state board of  elections to ensure postal authorities do  not  forward  such  mail  but return it to the board of elections with forwarding information, when it cannot  be  delivered as addressed 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 incarcerated individual,  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.