2023 New York Laws › ELN - Election › Article 5 - Registration and Enrollment of Voters › Title 2 - Registration and Enrollment › 5-211 - 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  office of
children and family services, the office  of  temporary  and  disability
assistance  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, department of veterans'
services, office of mental health, office of vocational and  educational
services  for  individuals  with  disabilities, commission on quality of
care for the mentally disabled, office  for  people  with  developmental
disabilities, commission for the blind, office of addiction services and
supports,  the  office  of the advocate for the disabled and all offices
which administer  programs  established  or  funded  by  such  agencies.
Additional  participating  agencies  designated  as  voter  registration
offices are the department of state and  the  district  offices  of  the
workers'  compensation  board.  Such agencies shall be required to offer
voter  registration  forms  to  persons  upon  initial  application  for
services,  renewal  or  recertification  for services and upon 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  United  States  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 of  elections  shall  also  make  request  of  the  United  States
Citizenship   and  Immigration  Services  to  include  applications  for
registration by mail with any materials which are given to new citizens.
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  after  the
twentieth  day  prior  to an election and by the twelfth day before such
election shall be transmitted in such manner and  at  such  time  as  to
assure  their  receipt by such board of elections as soon as practicable
and not later than the tenth day before such election.
12. Completed application forms,  when  received  by  a  participating
agency  not  later than the twelfth 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 tenth 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.
18. (a) (i) On or before  January  first,  two  thousand  twenty,  all
institutions of the state university of New York and the city university
of  New  York  shall create and make available to all students a webpage
for voter education on each such  institution's  website,  containing  a
link  to an application for voter registration, a link to an application
for an early mail ballot, contact information for the  county  board  of
elections,  and  the  name and contact information for the administrator
responsible for voter registration assistance on each campus.
(ii) Each such institution 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 voter registration
and an application for an early mail ballot to each student in each such
institution. Each institution shall be considered in compliance with the
requirements  of  this  subparagraph  for  each  student  to  whom   the
institution  electronically  transmits  a message containing the link to
the webpage for voter education, the link to an  application  for  voter
registration and the link to an application for an early mail ballot, if
such  information  is  in  an  electronic message devoted exclusively to
voter registration.
(iii)  Each  such  institution  shall  provide  the  same  degree   of
assistance as required of participating agencies.
(b)  The  state  university of New York and the city university of New
York, on behalf of each institution  within  its  system,  shall  on  or
before June first, two thousand twenty, and each subsequent year, submit
a  report disaggregated according to each institution to the state board
of elections that includes:
(i) the efforts of the institution to register voters in the preceding
calendar year;
(ii) a date-stamped screen shot of the  webpage  for  voter  education
that  contains  the  required  information  under  paragraph (a) of this
subdivision;
(iii) the number of students who were registered for  course  work  in
the preceding twelve months at such institution and the number of clicks
on  the  links  to  online  voter  registration  and  early  mail ballot
applications; and
(iv) any other efforts or recommendations  the  institution  plans  to
implement  to improve access to voter registration and early mail ballot
voting for students at the institution.
(c) The state board of  elections  shall  make  the  reports  provided
pursuant  to paragraph (b) of this subdivision publicly available on its
website.