N.Y. Comp. Codes R. & Regs. tit. 9 § 6217.10

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

Section 6217.10 - Voter registration list changes and list maintenance

(a) List maintenance activities and schedules.

(1) The State Board, in consultation with local boards of elections, shall establish minimum standards for statewide voter registration list maintenance activities and schedules for such activities.

(2) The list maintenance performed shall be conducted in a manner consistent with the Election Law and these regulations to ensure that:

(i) the name of each registered voter appears in the statewide voter registration list;

(ii) only names of persons who are not registered or who are not eligible to vote are removed from such list; and

(iii) the prior registrations of duplicate names are removed from such list.

(b) Notices of cancellation.

(1) Where a county board determines that a voter's registration shall be cancelled, the record shall be flagged with a status of purged and the appropriate purged reason code and a cancellation notice as provided for in Election Law, section 5-402, shall be sent to the voter, except that no cancellation notice shall be sent to a person whose voter registration record has been flagged as deceased or who has made a personal request for such cancellation.

(2) The county board shall electronically file with the State Board a cancellation and removal report indicating all cancellations and removal actions taken by the local board of elections from the list of eligible voters. Such report shall be filed in a format and at such intervals as directed by the State Board.

(c) Address, name and enrollment changes within a county.

(1) When a review and query of a voter registration application indicates that the voter is already registered to vote within the county, and is initiating a change to their record, such change shall be processed, and the record updated and the appropriate notice shall be sent to the voter:

(i) For an address change--a transfer notice as provided for in Election Law, section 5-208(1)(5).

(ii) For a name change, or the addition or deletion of a post office box--an approval notice as provided for in Election Law, section 5-210(9).

(iii) For a change of enrollment--a letter from the county board confirming receipt of the same and stating the effective date of the enrollment change.

(2) Before an update or change can be applied to an existing voter registration record, a county board shall perform a search of existing voters to ensure that the application is not a new registration and is an update or change to an existing record within the county.

(d) Notifications of a death, felony conviction or adjudication of mental incompetence.

(1) NYSVoter shall receive death notifications including the voter's first name, middle name, last name, gender, date of death, date of birth, street address, city, and ZIP code, from New York State Department of Health and New York City Department of Health and Mental Health. NYSVoter may be matched against the United States Social Security Administration's Master Death Index. Notification shall be sent to the appropriate county for follow-up and determination.

(2) NYSVoter shall receive notices of felons sentenced to a term of imprisonment and of persons adjudicated mentally incompetent including the voter's last name, first name, middle name, gender, date of birth, street address, city, state, ZIP code, county, and a code indicating whether the person is a convicted felon sentenced to a term of imprisonment or a person adjudicated mentally incompetent from the New York State Office of Court Administration or any court having jurisdiction over such matters. Notifications shall be sent to the appropriate county for follow-up and determination.

(3) Each local board of elections shall, within 25 days after receiving such list of decedents or list of persons subject to forfeiture of the right to vote pursuant to section 5-106 of the Election Law, use such lists to identify and remove decedents and persons subject to forfeiture of the right to vote pursuant to section 5-106 of this article from the list of eligible voters.

(e) National change of address. National change of address processing shall be conducted with a United States Postal Service approved vendor at least annually. The processing shall at a minimum identify voter address change information, whether permanent or temporary; provide data which can be used to standardize addresses and provide enhanced ZIP code extensions, to assist in more accurate delivery of voter mail; and notification of deceased status. Notifications shall be sent to the appropriate county for follow-up and determination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6217.10