A 2688: Requires the board of elections to check all registered voter's citizenship and lawful permanent resident status; requires all voters to show government issued identification to vote.

  
  STATE OF NEW YORK ________________________________________________________________________ 2688 2025-2026 Regular Sessions  IN ASSEMBLY January 22, 2025 ___________ Introduced by M. of A. K. BROWN -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law and the vehicle and traffic law, in relation to requiring the board of elections to check all registered voter's citizenship and lawful permanent resident status and requires showing government issued identification to vote The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 5-714 2 to read as follows: 3 § 5-714. Check of citizenship. The board of elections, with the 4 department of motor vehicles, shall check all registered voter's and all 5 persons attempting to register to vote's citizenship and lawful perma- 6 nent resident status using department of motor vehicle records. Whenever 7 it appears to the satisfaction of a board of elections that any voter or 8 witness has made a false statement, whether or not under oath, affecting 9 a persons qualifications to be registered or has given false testimony 10 at any hearing affecting such registration, such board forthwith shall 11 forward such statement or testimony to the district attorney. 12 § 2. Section 8-303 of the election law, as added by chapter 420 of the 13 laws of 2004, subparagraph 1 of paragraph (b) of subdivision 3 as 14 amended by chapter 160 of the laws of 2005, is amended to read as 15 follows: 16 § 8-303. [Initial voter] Voter identification. 1. Applicability. Each 17 board of elections, in a uniform and nondiscriminatory manner, shall 18 require a voter to meet the requirements of subdivision two of this 19 section [if: 20 (a) the individual registered to vote in a jurisdiction by mail on or 21 after January first, two thousand three; and 22 (b) the individual has not previously voted in an election for federal 23 office in the jurisdiction of the board of elections]. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03064-01-5 
 A. 2688 2 1 2. Requirements. (a) In general. An individual meets the requirements 2 of this subdivision if the individual: 3 (1) in the case of an individual who votes in person[: (i)], presents 4 to the appropriate election inspector, clerk or coordinator a current 5 and valid government issued photo identification[; or 6 (ii) presents to the appropriate election inspector, clerk or coordi- 7 nator a copy of a current utility bill, bank statement, government 8 check, paycheck, or other government document that shows the name and 9 address of the voter]; or 10 (2) in the case of an individual who votes by mail, submits in the 11 outer envelope with the envelope containing the ballot[: (i)] a copy of 12 a current and valid government issued photo identification[; or 13 (ii) a copy of a current utility bill, bank statement, government 14 check, paycheck, or other government document that shows the name and 15 address of the voter]. 16 (3) A valid and current government issued photo identification shall 17 include: a New York state driver's license or non-driver ID; a United 18 States passport; an identification card issued by a United States educa- 19 tional institution; a United States military identification card; a 20 government issued medical card or any identification card issued by the 21 United States or the state of New York. 22 (b) Fail-safe voting. (1) An individual who desires to vote in person, 23 but [who does not meet the requirements of subparagraph one of paragraph 24 (a) of this subdivision] does not possess a current and valid government 25 issued photo identification, may cast an affidavit ballot[, and notwith- 26 standing this section of law, such]. Such affidavit ballot shall be duly 27 cast and counted[, even though such individual does not meet the 28 requirements of subparagraph one of paragraph (a) of this subdivision,] 29 provided such individual casting such ballot is an otherwise eligible 30 voter pursuant to law, provided further that the individual produces to 31 the local board of elections a valid and current government issued photo 32 identification within three days of casting that ballot and that such 33 ballot otherwise complies with the requirements of law. 34 (2) An individual who desires to vote by mail but who does not [meet 35 the requirements of subparagraph two of paragraph (a) of this subdivi- 36 sion] possess a current and valid government issued photo identifica- 37 tion, may cast such a ballot by mail and such ballot shall be duly cast 38 and counted[, notwithstanding this section,] provided [the voter is 39 determined to be an eligible voter and provided further], that the local 40 board of elections determines the validity of the ballot by mail and 41 that such ballot otherwise complies with the requirements of law. 42 3. Inapplicability. Subdivisions one and two of this section shall not 43 apply in the case of a person: (a) who registers to vote by mail and 44 submits as part of such registration [either: 45 (1)] a copy of a current and valid government issued photo identifica- 46 tion; or 47 [(2) a copy of a current utility bill, bank statement, government 48 check, paycheck, or government document that shows the name and address 49 of the voter;] 50 (b) [(1)] who registers to vote by mail and submits with such regis- 51 tration either: 52 [(i)] (1) a driver's license or a department of motor vehicles non- 53 driver photo ID number; or 54 [(ii)] (2) at least the last four digits of the individual's social 55 security number; and [(2)] with respect to whom a local board of 56 elections matches the information submitted under [subparagraph one of] 
 A. 2688 3 1 this paragraph with an existing state identification record bearing the 2 number, name and date of birth of such voter; [or] and 3 [(c) who is: (1)] (3) such person is entitled to vote by absentee 4 ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 5 U.S.C. 1973ff-1 et seq.); and 6 [(2)] (4) such person is provided the right to vote otherwise than in 7 person under section 3 (b) (2) (B) (ii) of the Voting Accessibility for 8 the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); 9 or 10 [(3)] (5) such person is entitled to vote otherwise than in person 11 under any other federal law. 12 § 3. Subdivision 2 of section 491 of the vehicle and traffic law is 13 amended by adding a new paragraph (f) to read as follows: 14 (f) Any adult citizen whose income qualifies such citizen for Medi- 15 caid, as verified in writing by the county's department of social 16 services, shall not be required to pay any fee for an identification 17 card. This provision shall not apply to identification cards described 18 in paragraph (e) of this subdivision, which can be used for certain 19 border crossings. 20 § 4. This act shall take effect immediately.