Section 5-212. Motor vehicle registration  


Latest version.
  • 1.  In addition to any other
      method of voter registration provided for in this article, any qualified
      person may apply for registration and  enrollment  by  application  made
      simultaneously  and  integrated  with an application for a motor vehicle
      driver's license, a driver's license renewal or an  identification  card
      if  such  a  card  is  issued by the department of motor vehicles in its
      normal course of business.
        2. The department of motor vehicles, with the approval  of  the  state
      board  of  elections,  shall  design  a  form  or  forms which shall, in
      addition to eliciting  such  information  as  may  be  required  by  the
      department  of motor vehicles for a driver's license, a driver's license
      renewal, a change of address notification  or  an  identification  card,
      serve   as   an  application  for  registration  and  enrollment,  or  a
      registration necessitated by a change of residence.  The  cost  of  such
      forms shall be borne by the department of motor vehicles.
        3. The voter registration portion of such forms:
        (a)  shall not require any information that duplicates the information
      required on the application for the driver  license  portion  and  shall
      require  only  such  additional  information,  including the applicant's
      signature, as will enable election officials to assess  the  applicant's
      eligibility  to  register to vote, prevent duplicate registration and to
      administer voter registration and other parts of the election process.
        (b) shall include a statement  of  the  eligibility  requirements  for
      voter  registration  and  shall  require  the applicant to attest by his
      signature that he meets those requirements under penalty of perjury.
        (c) shall inform the applicant, in print identical to that used in the
      attestation section of the following:
        (i) voter eligibility requirements;
        (ii) penalties for submission of false registration application;
        (iii)  that  the  office  where  applicant  registers   shall   remain
      confidential  and  the  information  be used only for voter registration
      purposes;
        (iv) if the applicant declines  to  register,  his  declination  shall
      remain confidential and be used only for voter registration purposes;
        4. Included on the form or on a separate form shall be:
        (a)  the  question,  "If you are not registered to vote where you live
      now, would you like to apply to register here today?"
        (b) boxes for the applicant to check to indicate whether the applicant
      would like to register or decline to register to vote.
        (c) the statement in prominent type, "IF YOU DO NOT CHECK EITHER  BOX,
      YOU  WILL  BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
      TIME."
        (d) the statement, "If you would like help in filling  out  the  voter
      registration application form, we will help you. The decision whether to
      seek  or accept help is yours.  You may fill out the application form in
      private."
        (e) the statement, "If you believe that someone  has  interfered  with
      your  right  to  register  or decline to register to vote, your right to
      privacy in deciding whether to register or in applying  to  register  to
      vote,  or  your  right  to  choose  your  own  political  party or other
      political preference, you may file a complaint with the state  board  of
      elections (address and toll free telephone number)."
        (f)  a  toll  free  number at the state board of elections that can be
      called for answers to registration questions.
        5. The form containing the declination to register to  vote  shall  be
      retained by the department of motor vehicles for the same period of time
      as  such department retains the accompanying application for services or
    
      for such shorter period of time as may be approved by the state board of
      elections.
        6. The department of motor vehicles shall transmit that portion of the
      form  which  constitutes  the  completed application for registration or
      change of address form to the appropriate board of elections  not  later
      than  ten days after receipt except that all such completed applications
      and  forms  received  by  the  department  between  the  thirtieth   and
      twenty-fifth  day before an election shall be transmitted in such manner
      and at such time as to assure their receipt by such board  of  elections
      not later than the twentieth day before such election.  All transmittals
      shall include original signatures.
        7.  Completed  application  forms  received by the department of motor
      vehicles not later than the twenty-fifth day  before  the  next  ensuing
      primary,  general or special election and transmitted by such department
      to the appropriate board of elections so  that  they  are  received  not
      later  than  the  twentieth  day  before such election shall entitle the
      applicant to vote in such election provided the  board  determines  that
      the applicant is otherwise qualified.
        8.   Disclosure   of   voter  registration  information,  including  a
      declination to register, by the department of motor vehicles, its agents
      or employees, for other  than  voter  registration  purposes,  shall  be
      deemed  an  unwarranted  invasion  of  personal  privacy pursuant to the
      provisions of subdivision two  of  section  eighty-nine  of  the  public
      officers law and shall constitute a violation of this chapter.
        9.  Application  forms shall be processed by the board of elections in
      the manner prescribed  by  section  5-210  of  this  title  or,  if  the
      applicant  is  already  registered  to vote from another address in such
      county or city, in the manner prescribed by section 5-208 of this title.
      The board shall send the appropriate notice of approval or rejection  as
      required by either subdivision nine of such section 5-210 or subdivision
      five of such section 5-208.
        10.  Strict  neutrality  with  respect  to a person's party enrollment
      shall be maintained and all persons seeking voter registration forms and
      information  shall  be  advised  that  government   services   are   not
      conditioned on being registered to vote.
        11.  No statement shall be made nor any action taken to discourage the
      applicant from registering to vote.
        12. The department of motor vehicles shall provide to each person  who
      chooses  to  register  to  vote the same level of assistance provided to
      persons in connection with the completion of  the  agency's  own  forms,
      unless such person refuses such assistance.
        13.  The  state board shall adopt such rules and regulations as may be
      necessary to carry out the requirements of this section. The board shall
      also adopt such rules and regulations as may  be  necessary  to  require
      county  boards and the department of motor vehicles to provide the state
      board with such information and data as the  board  deems  necessary  to
      assess  compliance  with  this section and to compile such statistics as
      may be required by the federal elections commission.
        14. The state board shall develop and  distribute  public  information
      and promotional materials relating to the purposes and implementation of
      this program.
        15.  The state board shall prepare and distribute to the department of
      motor vehicles written instructions as  to  the  implementation  of  the
      program  and shall be responsible for establishing training programs for
      employees of the department of motor vehicles involved in such program.
        16. The commissioner of motor vehicles shall take  all  actions  which
      are  necessary  and  proper  for the implementation of this section. The
      commissioner of motor vehicles shall designate  one  person  within  the
    
      agency  as the agency voter registration coordinator who will, under the
      direction of the state board of elections, be responsible for the  voter
      registration program in such agency.