N.Y. Comp. Codes R. & Regs. tit. 9 § 6217.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 6217.5 - Voter registration processing

(a) In order to vote in New York State, a person must possess the constitutional and statutory qualifications of an elector and must be registered to vote, and if required, be enrolled in a political party.

(1) Qualifications to register to vote:

(i) United States citizen;

(ii) eighteen years of age or older on election day or will be at least 18 years old not later than December 31st of the calendar year in which he or she registers; and

(iii) resident in New York State and of the county, city or village for a minimum of 30 days next preceding such election.

(2) Disqualifications from voter registration:

(i) death;

(ii) sentenced to prison based upon a felony conviction;

(iii) moves out of their county of residence; or

(iv) adjudged mentally incompetent by the order of a court.

(b) When a voter registration application is received, the county board is responsible for processing each application and determining whether the application is complete and whether the applicant meets constitutional and statutory requirements. All voter registration applications shall be date and time stamped to establish eligibility and to establish the time lapse of not more than 21 days maximum for a completely processed voter registration. Procedures for opening mail, time stamping documents or pre-screening, to the extent that they are not prescribed by this Part, are left to the county boards to establish.

(c) All voter registration activity must be done by a bipartisan team of workers, to assure fairness and uniformity in the process.

(1) Bipartisan processing:

(i) Staff member(s) of one major political party review(s) and enters the information from either an individual application or a batch of applications.

(ii) The work on such application or batch of applications is proofread and reviewed by a staff member(s) of the opposite major political party.

(iii) Any edits or changes to the information initially entered must be made and approved, in a bipartisan process, by the two staff members of opposite parties.

(iv) Once completed by two staff members of opposite parties, the information is sent from the county registration system to NYSVoter for inclusion on the statewide list of registered voters, and verification of each voter's identity.

(d) Once an application for registration has been entered it is processed in one of three ways:

(1) Registered. The voter's registration record has been updated with all following required information:

(i) the applicant's name;

(ii) the applicant's complete residence address;

(iii) the applicant's date of birth such that the applicant is or will be 18 years of age by Election Day or not later than December 31st of the calendar year in which he or she registers;

(iv) a mark in the checkbox affirming the applicant is a citizen of the United States;

(v) verification information:

(a) the applicant's current and valid New York driver's license number or, the non- driver's identification number; or

(b) if the applicant has not been issued a current and valid New York driver's license or non-driver's identification card, the last four digits of the applicant's social security number; or

(c) in the case where an applicant has not been issued a current and valid New York driver's license or non-driver's identification card or social security number, the applicant shall affirm this fact in the manner prescribed in the uniform statewide voter registration application; and

(vi) original signature of the applicant swearing or affirming that the information contained in the registration application is true.

(2) Incomplete. A voter registration application is incomplete if it does not contain the required information in paragraph (a)(1) of this section; and incomplete voter records are not uploaded to the NYSVoter database, but may be maintained within the county election management system.

(3) Denied. Once an application is denied, the voter is provided a notification; denied voter records are not uploaded to the NYSVoter database, but may be maintained within the county election management system.

(4) If any of the required information is missing on the voter registration application, the county board shall take immediate steps to obtain the missing information. In any such case the county board shall notify the applicant of the reasons that the registration application is incomplete and the period of time in which the application information must be provided in order to be eligible to vote in the next election.

(5) When the missing information is necessary to verify the applicant's identity pursuant to Election Law, section 5-210, the application shall be processed, the applicant registered, and a notice of approval which includes an indication that the county board has not been able to verify the identity of the applicant and a request for more information so that such verification may be completed shall be sent to the registrant pursuant to statute and these regulations.

(e) Following entry into the county voter registration system, all information in the application for voter registration must be transferred electronically to NYSVoter which will then electronically notify the county voter registration system with a response that includes confirmation of the transaction, an assigned unique identifier and registration status in NYSVoter. NYSVoter shall assign a unique identifier to every voter that will remain with the voter for their voting life.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6217.5