Current through Register Vol. 46, No. 39, September 25, 2024
(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.