2023 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 fifteenth day before the
next ensuing primary, general or special election, and received no later
than the tenth day before such election, or delivered in person to  such
board  of  elections  not later than the tenth day before such election,
shall entitle the applicant to vote in such election  and  to  have  the
applicant's  vote  canvassed  in  accordance  with  this chapter, if the
applicant is otherwise  qualified,  provided,  however,  such  applicant
shall not vote on a voting machine until their 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 electronically forward such application form to
the proper board of elections on the same day it is received. 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 one of  the  veterans'
services  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 one of the veterans' services 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 their
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 ten days
prior  to  the  election at which the applicant may vote, and if mailed,
must be postmarked at least fifteen 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  they  submit  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  they  have
ever voted or registered to vote before and, if so, the approximate year
in  which  such  applicant  last  voted or registered and their 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 their driver's license or
department of motor vehicles non-driver photo ID number or the last four
digits of their social security number or, if  the  applicant  does  not
have  either  such number, a space for the applicant to indicate they do
not have either.
(vi) A space for the applicant to indicate whether or not they  are  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  their  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 their
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  their  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, as soon as practicable and in
any event, not later  than  seven  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  seven  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 their registration and
enrollment is effective, of the date and the hours of the next regularly
scheduled primary or general election in which such registrant  will  be
eligible  to  vote, of the location of the polling place of the election
district in which such registrant is  or  will  be  a  qualified  voter,
whether  such  polling  place  is  accessible  to physically handicapped
voters, an indication that any registered voter may vote early  by  mail
and  information  on how to obtain an early mail ballot, 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 their 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 seven days  before  the
day of the first primary or general election occurring at least ten 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   their   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 they were 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 their
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 seven days
before  the  day  of  the first primary or general election occurring at
least ten 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.