Section 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 county  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 twenty-fifth day before
  the next ensuing primary, general or special election, and  received  no
  later  than  the  twentieth  day  before  such election, or delivered in
  person to such county board of elections not later than  the  tenth  day
  before  a  special election, shall entitle the applicant to vote in such
  election, if he or she is otherwise qualified, provided,  however,  such
  applicant  shall  not vote on a voting machine until his or her identity
  is verified. Any county 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 forthwith forward such
  application form to the proper county board of elections. 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
  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  his  or her 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
  twenty-five 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 or will be at least  eighteen  years  old  not  later  than  December
  thirty-first  of  the  calendar  year in which he or she registers 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 he or she has
  ever voted or registered to vote before and, if so, the approximate year
  in which such applicant last voted or registered and his or her 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) The date of birth of the applicant.
    (iv) A space for the applicant to indicate his or her driver's license
  or  department  of motor vehicles non-driver photo ID number or the last
  four digits of his or her social security number or,  if  the  applicant
  does  not have either such number, a space for the applicant to indicate
  he or she does not have either.
    (v) A space for the applicant to indicate whether or not he or she  is
  a citizen of the United States and the statement "If you checked "no" in
  response to this question, do not complete this form."
    (vi)  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."
    (vii) 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.
    (viii) The gender of the applicant (optional).
    (ix)  A space for the applicant to indicate his or her choice of party
  enrollment, with a clear  alternative  provided  for  the  applicant  to
  decline to affiliate with any party.
    (x) The telephone number of the applicant (optional).
    (xi)  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.
    (xii) 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.
    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 his or her
  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 his or her 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, promptly and in any event, not
  later  than  twenty-one  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 twenty-one 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  "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. 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
  his  registration and enrollment is effective, of the date and the hours
  of the next regularly scheduled primary or general election in which  he
  will  be  eligible  to vote, 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, 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, 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 his or her 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 ten days before the day
  of the first primary or general election occurring at least  twenty-five
  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   his  or  her  residence  and  interrogated  an  inmate,
  house-dweller, keeper, caretaker, owner, proprietor or landlord  thereof
  or therein as to such applicant's residence therein or thereat, and that
  he  or  she  was 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  his  or  her
  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  ten  days

  before  the  day  of  the first primary or general election occurring at
  least twenty-five 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.