BILL NUMBER: S4364
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the election law, in relation to notices to voters of
registration cancellation or inactive status
 
PURPOSE:
The purpose of this bill is to ensure that boards of elections provide
adequate notice to each voter before and after a board cancels the
voter's registration or places the voter's registration in inactive
status. The bill would ensure that boards of elections use all addresses
and communication methods in the voter's registration record to notify
the voter of cancellation or inactive status, including email address
and phone number when an email address or phone number is in the voter's
registration record. This bill would also ensure that each voter is
notified of the reason that the voter's registration has been cancelled
or placed in inactive status, and that boards of elections use uniform,
statewide forms of notice approved by the state board of elections for
notification purposes.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends § 5-213 of the election law by adding a new
subdivision 6. Subdivision 6 will provide that when a board of elections
places a voter's registration in inactive status, the board must notify
the voter using first-class forwardable mail addressed to the address
where the board believes the voter now resides and the address at which
the voter is registered, and any email addresses and telephone numbers
of the voter contained in the voter's registration record. The bill
provides that the notices must explain the reason why the voter has been
placed in inactive status. The bill also provides that boards of
elections must use uniform, state-wide forms of notice approved by the
state board of elections for this purpose.
Section 2 of the bill amends subdivisions 2 and 3 and adds a new subdi-
vision 5 to § 5-402 of the election law to provide that prior to, and
after, cancelling a voter's registration, boards of elections must
provide notices to voters using first-class forwardable mail addressed
to the address where the board believes the voter now resides and the
address at which the voter is registered, and any email addresses and
telephone numbers of the voter contained in the voter's registration
record. The bill provides that the notices must explain the reason why
the board intends to cancel the voter's registration. The bill also
provides that boards of elections must use uniform, state-wide forms of
notice approved by the state board of elections for this purpose.
Section 3 of the bill amends subdivisions 2, 3 and 5 of § 5-712 of the
election law to provide better notice to voters before they are placed
in inactive status. Subdivision 2(a) is amended to require that boards
of election must send a first notice to the voter at the voter's new
address by forwardable, first-class mail, and to any email addresses and
phone numbers in the voter's registration record. Subdivision 2(b) is
amended to require that, if the first notice is returned as undelivera-
ble, boards of election must send a second notice to the voter at the
voter's registration address by forwardable, first-class mail, and to
any email addresses and phone numbers in the voter's registration
record. The amendment to subdivision 3 of § 5-712 requires that the
notices sent by boards of election must be uniform, statewide forms
approved by the state board of elections.
Section 4 of the bill provides that the legislation will be effective
immediately.
 
JUSTIFICATION:
Many voters arrive at the polls only to find that, without their know-
ledge, their voter registration was cancelled or placed in inactive
status. This may occur even though there was no change in the voter's
residence or qualification to vote.
Some voters' registrations have been cancelled intentionally and ille-
gally. City and State reported that, prior to the 2016 election, the New
York City Board of Elections illegally purged 200,000 voters from the
poll books in Brooklyn, Queens and Manhattan. The NYC Board of Elections
subsequently settled a lawsuit over the purge by admitting that it broke
federal and state election laws.
Boards of elections can cancel voter registrations or place them in
inactive status based on information from the postal authorities and
other government agencies suggesting that the voter has a new address or
has asked for mail to be forwarded (Election Law 5-208, 5-402 & 5-712).
This information, however, may be incorrect. Voters sometimes forward
their mail, or move temporarily, without giving up their registration
address.
This bill would require more robust efforts by boards of elections to
notify voters before changing their registration status.
For example, under current law, when a board believes a voter's regis-
tration should be cancelled because it has a new address for the voter,
the board is required to mail a notice only to the address where the
voter was last registered. (Election Law, 5-402) If the voter has moved
to a new address, the notice may not reach the voter. This bill would
require the board to mail notice to the voter's last registered address
 
LEGISLATIVE HISTORY:
2024: S6168 Comrie/ A6764 Cunningham
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4364: 5-213 election law