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Heads of mayoral agencies shall cooperate to the extent practicable with the board of elections and the campaign finance board and its coordinator of voter assistance to improve public awareness of the candidates, proposals or referenda in all elections in which there are contested elections held in the city of New York for any city, county, state, or federal office and/or ballot proposals or referenda pursuant to city, county, state, or federal law, and to encourage voter registration and voting by all residents of the city of New York eligible to vote. Such cooperation shall include providing the campaign finance board with appropriate information concerning the resources, opportunities, and locations the agency can provide for public awareness and voter assistance activities.
Each agency designated as a participating agency under the provisions of this section shall implement and administer a program of distribution of voter registration forms pursuant to the provisions of this section. The following offices are hereby designated as participating voter registration agencies: The administration for children's services, the business integrity commission, the city clerk, the civilian complaint review board, the commission on human rights, community boards, the department of small business services, the department for the aging, the department of citywide administrative services, the department of city planning, the department of consumer and worker protection, the department of correction, the department of cultural affairs, the department of environmental protection, the department of finance, the department of health and mental hygiene, the department of homeless services, the department of housing preservation and development, the department of parks and recreation, the department of probation, the department of records and information services, the taxi and limousine commission, the department of transportation, the department of youth and community development, the fire department, and the human resources administration. Participating agencies shall include a mandate in all new or renewed agreements with those subcontractors having regular contact with the public in the daily administration of their business to follow the guidelines of this section. Such participating agencies shall be required to offer voter registration forms to all persons together with written applications for services, renewal or recertification for services and change of address relating to such services, in the same language as such application, renewal, recertification or change of address form where practicable; provided however that this section shall not apply to services that must be provided to prevent actual or potential danger to the life, health, or safety of any individual or of the public. Such agencies shall provide assistance to applicants in completing voter registration forms, including the section of the form allowing for registration to become an organ donor, and in cases in which such an agency would provide assistance with its own form, such agency shall provide the same degree of assistance with regard to the voter registration and organ donor forms as is provided with regard to the completion of its own form, if so requested. As part of such assistance, such agencies shall also, upon request by an applicant who identifies himself or herself as being on parole and when practically feasible, check publicly available information to inform such applicant if a restoration of their right to vote has been granted, provided that such assistance may be provided by a person other than the person to whom the request was made and further provided that such assistance shall not be considered an endorsement of the accuracy of any publicly available information not maintained by the city. Such agencies shall also receive and transmit the completed application form from any applicants who request to have such form transmitted to the board of elections for the city of New York.
1. Participating agencies shall adopt such rules and regulations as may be necessary to implement this section. The campaign finance board shall prepare and distribute to participating agencies written advisory agency guidelines as to the implementation of this section and may establish training programs for employees of participating agencies; provided that any guidelines promulgated by the voter assistance commission prior to the effective date of this clause shall remain in effect unless further amended or repealed by the board. Participating agencies may consider such advisory agency guidelines in the promulgation of their rules and regulations.
2. Participating agencies shall provide and distribute voter registration forms to all persons together with written applications for services, renewal or recertification for services and change of address relating to such services, in the same language as such application, renewal, recertification or change of address form where practicable; provided however that this section shall not apply to services that must be provided to prevent actual or potential danger to life, health or safety of any individual or of the public. Participating agency staff shall provide assistance in completing these distributed voter registration forms, including the section of the form allowing for registration to become an organ donor, and in cases in which such an agency would provide assistance with its own form, such agency shall provide the same degree of assistance with regard to the voter registration and organ donor forms as is provided with regard to the completion of its own form, if so requested. Participating agencies shall also include a voter registration form with any agency communication sent through the United States mail for the purpose of supplying clients with application, renewal or recertification for services and change of address relating to such services materials. Participating agencies shall also incorporate an opportunity to request a voter registration application into any application for services, renewal or recertification for services and change of address relating to such services provided on computer terminals, the World Wide Web or the Internet. Any person indicating that they wish to be sent a voter registration form, via computer terminals, the World Wide Web or the Internet shall be provided with a link to the website and mobile application required pursuant to section 1057-f and, at the person's discretion, sent such a form by the participating agency, or directed to a bank on that system where such a form may be downloaded. Each participating agency shall also maintain on its website at least one link to the website and mobile application required pursuant to section 1057-f.
3. Participating agencies shall also:
a. by December 1, 2015, or at the next regularly scheduled printing of their forms, whichever is earlier, physically incorporate the voter registration forms with their own application forms in a manner that permits the voter registration portion to be detached therefrom. Until such time when the agency amends its form, each agency should affix or include a postage paid board of elections for the city of New York voter registration form to or with its application, renewal, recertification and change of address forms;
b. use voter registration forms that contain a code assigned by the board of elections of the city of New York which designate such forms as originating from participating agencies; and
c. transmit any completed forms collected by such agency to the board of elections of the city of New York within two weeks of the receipt of such completed forms at the participating agency. If a completed form is collected within five days before the last day for registration to vote in a citywide election, such completed form shall be transmitted by the participating agency to the board of elections of the city of New York not later than five days after the date of acceptance, provided, however, that notwithstanding any other provision of this section, any agency subject to the requirements of section 5-211 of the election law shall be governed only by the timeframes for transmission of such forms to the board of elections set forth in such section.
4. All persons seeking voter registration forms and information shall be advised in writing together with other written materials provided by agencies or by appropriate publicity that government services are not conditioned on being registered to vote. No statement shall be made nor any action taken by an agency employee to discourage the applicant from registering to vote or to enroll in any particular political party.
5. The completion of the voter registration form by an applicant is voluntary.
6. Employees of a participating agency who provide voter registration assistance shall not:
a. seek to influence an applicant's political preference or party designation;
b. display any political preference or party allegiance;
c. make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or
d. make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.
7. Each participating agency, department, division and office that makes available voter registration forms shall prominently display promotional materials designed and approved by the board of elections for the city of New York or state board of elections for use in state agency programs.
8. Each participating agency, other than community boards and the city clerk, shall submit semi-annual reports on their implementation of this section to the mayor's office of operations. Such reports shall include the number of registration forms distributed, the number of registration forms completed at an agency office to the extent readily ascertainable, and the number of registration forms transmitted to the board of elections. Such reports shall be submitted to the mayor's office of operations by January 15 and July 15 of each year, with the first reports due by July 15, 2015. The mayor's office of operations shall compile such reports into a single report that disaggregates such data by agency, and shall deliver such compiled report to the speaker by February 15 and August 15 of each year, with the first such report due by August 15, 2015.
9. In addition to the other requirements of this section, the department of correction shall implement and administer a program of distribution and submission of early mail and absentee ballot applications, and subsequently received early mail or absentee ballots, for eligible incarcerated individuals. Such department shall offer, to all incarcerated individuals who are registered to vote, early mail and absentee ballot applications, and a means to complete them, during the period from sixty days prior to any primary, special, or general election in the city of New York until two weeks prior to any such election. Such department shall subsequently provide any early mail or absentee ballot received from the board of elections in response to any such application to the applicable incarcerated individual, as well as a means to complete it. Such department shall provide assistance to any such incarcerated individual in filling out such application or ballot upon request. Such department shall, not later than five days after receipt, transmit such completed applications and ballots from any incarcerated individual who wishes to have them transmitted to the board of elections for the city of New York. The provisions of this subdivision shall not apply in any specific instance in which the department deems it unsafe to comply therewith.
10.* The department of probation shall, in addition to the other requirements of this section for participating agencies, distribute during the intake process, to any person sentenced to probation, a written notice on the voting rights of persons sentenced to probation in the state of New York. Such written notice shall be developed in consultation with the voter assistance advisory committee.
10.* The department of correction shall, in addition to the other requirements of this section for participating agencies, distribute to every person upon release from custody of the department a written notice on the voting rights of formerly incarcerated persons in the state of New York, including information on when such persons are or may become eligible to vote, and offer to every such person a voter registration form. The department shall make verbal reference to the distributed written notice and voter registration form to such individuals upon distribution. Such notice shall only be required for those who are released from a department facility, from department custody within a courthouse, and from a department-operated area within a hospital or healthcare provider. Notice is not required for those who are released to the custody of another government agency or to the custody of a hospital or healthcare provider. Such written notice shall be developed in consultation with the voter assistance advisory committee.
* Editor's note: there are two subdivisions numbered as 10.
(Am. L.L. 2016/138, 11/16/2016, eff. 2/14/2017; Am. L.L. 2016/139, 11/16/2016, eff. 2/14/2017; Am. L.L. 2017/238, 12/16/2017, eff. 6/16/2019; Am. L.L. 2019/002, 12/29/2018, eff. 4/28/2019; Am. L.L. 2019/006, 12/29/2018, eff. 4/28/2019; Am. L.L. 2019/011, 12/29/2018, eff. 6/29/2019; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. 2023 N.Y. Laws Ch. 481, 9/20/2023, eff. 1/1/2024)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2000/029, L.L. 2003/052, L.L. 2014/063 and L.L. 2020/080.
a. The number of signatures required for any designating petition or independent nominating petition for the designation or nomination of a candidate for an elected office of the city shall be governed by applicable provisions of the New York state election law, except that in no event shall the number of signatures required exceed the following limits:
(1) for the offices of mayor, comptroller, or public advocate, three thousand seven hundred fifty signatures;
(2) for the office of borough president, two thousand signatures; and
(3) for the office of member of the city council, four hundred fifty signatures.
b. (1) The following provisions of the election law shall not apply to the extent that they govern the designation or independent nomination of mayor, comptroller, public advocate, member of the city council, and borough president: paragraphs (a), (b), and (c-1) of subdivision two of section 6-136 (designating petitions; number of signatures); and paragraphs (b), (c), and (d-1) of subdivision two of section 6-142 (independent nominations; number of signatures). Section 6-100 of the election law shall apply, except to the extent that provisions of article six of the election law are inapplicable in accordance with this section.
(2) Any other provisions that from time to time may be added to the election law and that relate to the matters covered by the provisions of the election law that are inapplicable in accordance with this section shall similarly not apply to the extent that they govern the designation or nomination of such officers.
(3) References to provisions of the election law in this section shall be deemed to refer to any successors to such provisions.
On the day of any primary, special, or general election, prior to the opening of the polls, the board of elections in the city of New York shall post a notice on or near the main entrance or entrances of each building that was used as a poll site in any primary, special, or general election in any of the prior four calendar years, but which is not being used as a poll site for the election being held on such day, unless the owner of such building objects to such notice being posted. Such notice shall only be required at former poll sites that covered one or more election districts in which an election is being held on such day. Such notice shall include, but not be limited to: (i) a statement that the building is not in use as a poll site for such election, (ii) the address or addresses of the poll site or sites that are being used for such election, accompanied by a list of the election districts being served at each such poll site; (iii) the website for the official poll site locator of the board of elections in the city of New York; and (iv) a phone number of the board of elections in the city of New York that may be called for poll site information.
(L.L. 2016/062, 6/5/2016, eff. 1/1/2017)
a. The board of elections in the city of New York shall send e-mail and text message notifications related to voting for local, state, and federal elections to registered New York city voters who provide the board with an e-mail address or mobile phone number for this purpose. The board shall provide opportunities for city residents to provide an e-mail address or mobile phone number to the board for this purpose and shall maintain a database of all such e-mail addresses and mobile phone numbers. Such e-mail and text message notifications shall be sent for primary elections, general elections and special elections for which each such voter is eligible to vote, for the following purposes and at the following times:
(1) notification of the dates and hours of such election, as well as the applicable poll site location, and any changes thereto, for such voter, sent ten business days prior to such date, and on election day;
(2) notification of the dates, hours, locations, and eligibility requirements for casting an in-person absentee ballot sent on the first day of in-person absentee voting for such election;
(3) notification of the deadline for submission of an early mail voting application or a mailed absentee voting application for such election, sent ten business days prior to such deadline; and
(4) for e-mailed notifications only, distribution to such voter of an applicable sample ballot, or a link to such sample ballot, for such election, sent within two business days of such sample ballot being posted online.
b. E-mail and text message notifications sent pursuant to this section shall include links to the board's website to access relevant forms, materials and other additional information, as determined by the board, and shall be available in the languages in which the board publishes the election notices sent to such voter by mail.
c. The board shall provide opportunities for city residents to provide an e-mail address or mobile phone number through the following means:
(1) on voter registration forms;
(2) on the board's website;
(3) by collecting e-mail addresses at events promoting voter registration, voter participation, and any other events or meetings the board deems appropriate;
(4) in all mailings to registered voters by directing recipients of such mailings to the board's website; and
(5) by any other means that the board determines would facilitate the collection of e-mail addresses of registered or prospective New York city voters.
d. The board shall provide all e-mail and text message recipients under this section the option to unsubscribe from receiving such e-mail or text message notifications or to update an e-mail address or mobile phone number previously provided to the board. The board shall not remove any e-mail address or mobile phone number from its database unless an e-mail or text message recipient unsubscribes or provides an updated e-mail address or mobile phone number, or if e-mails or text messages sent to such e-mail address or mobile phone number are not successfully transmitted for a period of one year.
e. The board shall not share, sell or otherwise disclose e-mail addresses or mobile phone numbers collected pursuant to this section, except as otherwise required by law, without acquiring advance written permission from individuals providing such information, or unless ordered by a court of law.
(L.L. 2016/064, 6/5/2016, eff. 1/1/2017; Am. 2023 N.Y. Laws Ch. 481, 9/20/2023, eff. 1/1/2024)
The board of elections in the city of New York shall provide a secure website and mobile application that shall not require the user to create an account, but shall, through methods determined by the board, require verification that the user is accessing his or her own record. The information presented in such website and mobile application shall be updated with any applicable changes no less frequently than daily. Such website and mobile application shall include, but not be limited to, the following functionality:
a. allowing any registered voter who has submitted an application for an early mail or absentee ballot, or who otherwise has a right to receive an early mail or absentee ballot, for an upcoming election pursuant to the election law to view the current status of their early mail or absentee application and early mail or absentee ballot. Such website and mobile application shall indicate for each such voter whether the board of elections in the city of New York has:
(1) received such voter's request for an early mail or absentee ballot, if applicable;
(2) approved or rejected such request, if applicable, and, if rejected, a brief statement of the reason for rejection;
(3) mailed or delivered an early mail or absentee ballot to such voter for such upcoming election, and shall include the ability for such voter to see the status of a mailed early mail or absentee ballot by United States postal service intelligent mail barcode or successor technology;
(4) received such voter's completed early mail or absentee ballot for such upcoming election; and
(5) determined that such voter's completed early mail or absentee ballot was invalid, and, if such a finding was made, a brief statement of the reason.
b. allowing the user to view his or her registration status, including but not limited to:
(1) active status, with the inclusion of the date on which the user's status became active;
(2) inactive status, with a brief explanation of what this status means and why the user is categorized as such; and
(3) purged, with a brief explanation of what this status means and why the user is categorized as such.
c. allowing any registered voter to view the party for which they are a registered member, if any.
d. allowing the user to view the federal, state, and local election districts in which such user resides.
e. informing any registered voter whether they are required to bring any form of identification to vote and, if so, which form of identification.
f. allowing the user to view which elections held over, at a minimum, the previous four calendar years for which the records of the board of elections in the city of New York indicate:
(1) that such user was registered to vote; and
(2) for such elections, whether such user voted and whether such user did not vote.
g. allowing the user to view, if applicable, the address at which the user was previously registered to vote.
h. through such communication methods as determined by the board of elections in the city of New York, providing any registered voter with the option to receive alerts including, but not limited to, a change in their registration status.
i. allowing the user to access existing online resources including, but not limited to, resources allowing such user to:
(1) register to vote;
(2) update registration information;
(3) view sample ballots;
(4) look up polling place locations;
(5) look up voting hours;
(6) sign up as a poll worker; and
(7) view the voter guide.
(L.L. 2016/065, 6/5/2016, eff. 1/1/2017; Am. 2023 N.Y. Laws Ch. 481, 9/20/2023, eff. 1/1/2024)
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