N.Y. Comp. Codes R. & Regs. tit. 9 § 6217.6

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

Section 6217.6 - Voter identification verification

(a) The county board shall promptly, and in any event, not later than 21 days after receipt by it of the voter registration application, verify the identity of the applicant who has not previously had his or her identification verified. The voter's registration and enrollment shall be complete upon receipt of the application by the appropriate county board. The failure of a county board 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 to take the additional verification steps provided by the Election Law, section 5-210 and this Part.

(b) In order to do so, the county board shall utilize the information provided on the application and shall attempt to verify such information through NYSVoter with the information provided by the New York State Department of Motor Vehicles, or the United States Social Security Administration and any other lawfully available information source. The county board shall do so by transmitting such information to NYSVoter. The county board shall deem as verified for the purposes of this section an application received from the Department of Motor Vehicles processed simultaneously and integrated with an application for a motor vehicle driver's license, a driver's license renewal or an identification card if such card is issued by the Department of Motor Vehicles in its normal course of business, pursuant to section 5-212 of the Election Law.

(c) NYSVoter shall compare the New York State Department of Motor Vehicles driver license or non-driver number, name, and date of birth of the voter with the New York State Department of Motor Vehicles records for verification of the voter's identification as required by statute. The New York State Department of Motor Vehicles shall report back to NYSVoter. Based upon this report, the County Board shall determine if they have sufficient information to verify the voter's identity, or whether additional information is required to verify the voter's identity.

(d) If necessary to verify a voter's identity, NYSVoter shall compare the last four digits of the voter's social security number, name and date of birth, through the New York State Department of Motor Vehicles with the United States Social Security Administration records for verification of the voter's identification as required by statute. The United States Social Security Administration through the New York State Department of Motor Vehicles shall report back to NYSVoter. Based upon this report, the county board shall determine if they have sufficient information to verify the voter's identity, or whether additional information is required to verify the voter's identity.

(e) If the county board is unable to verify the identity of the applicant within 21 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, was accurately verified with other information sources and that no data entry error, or other similar type of error, occurred.

(f) Following completion of the preceding steps, the county board shall mail:

(1) a notice of its approval; or

(2) 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

(3) a notice of its rejection of the application to the applicant in a form approved by the State Board.

(g) 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 the Election Law and place such applicant in inactive status.

(h) 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 "ADDRESS CORRECTION REQUESTED" and which contains a request that any such mail received for persons not residing at the address be dropped back in the mail.

(i) If the Board of Elections has been unable to verify the identity of the applicant within 45 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."

(j) If the county board is unable to verify the identity of the applicant it shall so indicate with a notation next to the voter's name on the registration list. Such voter may provide information to assist the county board to verify their identity at any time and such notation shall be removed by the county board upon such verification.

(k) If a voter's identity is not verified before election day, the voter will be asked to provide identification before they vote for the first time. Forms of identification include a valid photo identification, a current utility bill, bank statement, government check, or some other form of government document that shows the voter's name and address. If the voter provides such identification or the voter cast an affidavit ballot pursuant to Election Law, section 8-302 and the county board verifies the identity of such affidavit voter the county board shall indicate to NYSVoter that the voter's identity has been verified.

(l) The notices of approval and notices of approval with requests for more information shall also advise the registrant:

(1) of the date when his registration and enrollment is effective;

(2) of the date and the hours of the next regularly scheduled primary or general election in which he will be eligible to vote;

(3) 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;

(4) 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;

(5) 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.

(m) 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 and shall contain such other information and instructions as it may reasonably require to carry out the purposes of the Election Law and this Part.

(n) The notice of rejection shall also advise the applicant with instructions on how to complete the application and the period of time which the application must be provided in order to be eligible to vote in the next election. The form of such mail notification shall be prescribed by the State Board and shall contain such other information and instructions as it may reasonably require to carry out the purposes of the Election Law and this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6217.6

Amended New York State Register September 21, 2022/Volume XLIV, Issue 38, eff. 9/21/2022