N.Y. Comp. Codes R. & Regs. tit. 9 § 6213.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6213.2 - Duties of participating agencies designated by Election Law, section 5-211

(a)

(1) The agency shall provide to any person who does not speak or understand English, voter registration assistance in the same manner and at the same level which they provide assistance for the completion of their own forms. In targeted areas of New York State, members of language minority groups identified pursuant to sections 4(f)(4) and 203(c) of the Voting Rights Act of 1965 as amended, shall be provided both written materials and oral assistance in their language to aid them in understanding and following the procedures for voter registration. Written materials in Spanish and Chinese will be available from the State Board.

(2) The agency shall provide a mail voter registration application form to every person who wishes to register to vote but prefers not to do so at the agency, and to any person who otherwise requests a mail registration form.

(b)

(1) Pursuant to Election Law, section 5-211(8)(f), the following shall serve as the address and phone number for use in related circumstances: you may file a complaint with the State Board of Elections at 40 North Pearl Street, Suite 5, Albany, NY 12207-2729, or fax a complaint to (518) 4NY-NVRA.

(2) A signed declination form shall be retained by each participating agency for 22 months.

(c)

(1) Each agency shall transmit to the appropriate board of elections at least once a week, all completed applications for registration forms and change of address forms. Each transmittal shall include a completed transmittal form which will be provided by the State Board of Elections. The agency is to complete part one of the document and retain the pink copy for its records. The white and yellow copies of the transmittal document shall be included in each transmittal to the appropriate County Board of Elections.

(2) Each agency shall be required to complete the following information on every transmittal form:

(i) site code;

(ii) date of transmittal;

(iii) number of voter registration applications in this transmittal;

(iv) total number of voter registration applications transmitted, year to date;

(v) number of declinations received since the last transmittal, delineated as follows:

(a) declined, with no explanation;

(b) already registered;

(c) asked for and received a mail registration form; and

(d) blanks.

(3) All completed voter registration forms and changes of address for voting purposes, which are received by an agency between the 13th and 25th day before a general, special or primary election, shall be transmitted to the appropriate board by whatever means and with a frequency calculated to assure their receipt by the appropriate board not later than the 20th day before such election.

(4) Each agency, at the request of the State Board, shall provide the number of agency transactions at each site.

(d) In addition to its own rules and regulations, each agency shall develop written procedures necessary for the implementation of this program and shall provide the State Board with a copy of such procedures. Those procedures shall include, but not be limited to, the following:

(1) method and frequency of transmittal of completed voter registration materials to the appropriate board of elections;

(2) procedures for ensuring compliance with the requirements of this act by programs and agencies under contract with such agency to provide services to persons with disabilities;

(3) plans for providing required foreign language assistance;

(4) provisions governing the use of volunteers to provide assistance in completing voter registration forms when provision of such assistance in completing the agency form is included in the volunteers' regular duties. Volunteer services shall not relieve agency obligations under the law;

(5) each agency shall name one person as the voter registration program coordinator for the agency. That person shall be responsible for the establishment and maintenance of site coordinators, employee training, program coordination, procedures, and supplies;

(6) in addition to the initial implementation lists provided to the State Board of Elections, agencies shall submit any changes to programs, sites and locations, on a monthly basis.

(e) Not later than 60 days prior to program implementation, at the beginning of each school year, and again in January or February in a presidential election year, CUNY and SUNY administrations shall provide State Board of Elections with specific plans for voter registration at each college campus and shall submit a request for numbers of voter registration forms required. Such plans shall include, but not be limited to, procedures to assure that each student receive a voter registration form and shall include the name and telephone number of a contact person at each college campus.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6213.2