SBE-23-09-00006-P Bipartisan Processing of All Voter Registration Information

6/10/09 N.Y. St. Reg. SBE-23-09-00006-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 23

June 10, 2009

RULE MAKING ACTIVITIES

STATE BOARD OF ELECTIONS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. SBE-23-09-00006-P

Bipartisan Processing of All Voter Registration Information

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 6217.5(c) of Title 9 NYCRR.

Statutory authority:

Election Law, sections 3-102 and 5-614; and L. 2005, ch. 24

Subject:

Bipartisan processing of all voter registration information.

Purpose:

Govern bipartisan voter registration processing of data and the transmission of same to the statewide voter registration list.

Text of proposed rule:

Subtitle V of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York is hereby amended by amending Part 6217.5(c) Voter Registration Processing, to read as follows:

(c) All voter registration activity must be done by a bipartisan team of workers, to assure fairness and uniformity in the process.

1. Bipartisan processing:

i. Staff member(s) of one major political party review(s) and enters the information from either an individual application or a batch of applications[, electronically signing their work].

ii. The work on [that] such application or batch of applications is proofread and reviewed by a staff member(s) of the opposite major political party[, who also electronically signs their work].

iii. Any edits or changes to the information initially entered must be made and [signed] approved, in a bipartisan process, by the two staff [persons] members of opposite parties.

iv. Once [signed] completed by two staff [persons] members of opposite parties, the information is sent from the county registration system to NYSVoter for inclusion on the statewide list of registered voters, and verification of each voter's identity.

Text of proposed rule and any required statements and analyses may be obtained from:

Kimberly A. Galvin, New York State Board of Elections, 40 Steuben Street, Albany, NY 12207, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory Authority:

Election Law Section 3-102.1 provides for the State Board to promulgate rules and regulations relating to the administration of the election process; and Section 5-614, as added by Ch. 24 L. 2005, requires the State Board to promulgate regulations relative to the creation of the statewide voter registration list; the transmission of voter registration information by county boards of elections to the statewide voter registration list; and to establish minimum standards for statewide voter registration list maintenance.

2. Legislative Objectives:

In 2005, the Legislature amended the NYS Election Law to add a new section 5-614 in relation to creating a statewide voter registration list (Chapter 24 of the Laws of 2005). In 2007, the New York State Board of Elections finalized the adoption of rules which were required to be promulgated by this legislation relative to: the creation of the statewide voter registration list; the transmission of voter registration information by county boards of elections to the statewide voter registration list; and to establish minimum standards for statewide voter registration list maintenance. The statute further required that such rules and regulations shall be designed, to the maximum extent practicable, to allow each local board of elections to continue to use its existing computer infrastructure, computer software and database applications to access data from and transmit data to the statewide voter registration list.

After careful consideration of the real world performance after the initial implementation of the statewide voter registration list, this amendment is made to eliminate the mandate for the use of electronic signatures. The adjustment to the adopted rule relating to the bipartisan processing of voter registration information, eliminating the mandate for electronic signatures, will allow county boards of elections to continue to follow existing bipartisan procedures in place in each respective jurisdiction, thus ensuring fairness and accuracy of elections consistent with the legislative intent and the statutory requirements.

3. Needs and Benefits:

The proposed adjustments to the adopted rule, eliminating the mandate for electronic signatures, have been prepared while taking into consideration the statutory objectives and balancing the impact of the statute and these regulations on county boards of elections against the need for the constant affirmation of accuracy in order to maintain public confidence. The existing rule exceeded the legislative intent to create and support a statewide voter registration list that to the maximum extent practicable, allowing each local board of elections to continue to use its existing computer infrastructure. Compliance with the amended rule can be achieved utilizing long-established local bipartisan processes to ensure the integrity of the registration list and ensure both accuracy and authenticity of those lists while maintaining the fundamental requirement for bipartisan processing of voter registration information.

The amended regulation allows each local board of elections to continue to use its existing computer infrastructure, computer software and database applications to access data from and transmit data to the statewide voter registration list, while utilizing long-established local bipartisan processes.

Public trust in our elections is fundamental to governmental effectiveness. County boards of elections currently process voter registration information using bipartisan procedures adopted by the respective commissioners of the county board of elections. This is a continuation of an ongoing obligation.

4. Costs:

These amendments will add no additional costs for county boards of elections, and avoids significant costs if the existing rule were not amended in this manner. The cost associated with processing voter registration information by the county boards of elections is a standard business process, accomplished by county board employees and the costs are fixed. Saved or avoided costs would accrue by not developing and implementing significant changes to the existing county computer infrastructure, software and database applications; developing new policies and procedures; and, retraining county board of elections personnel in the processing and transmission of voter registration information.

This amendment shall not incur costs to the State.

5. Local Governmental Mandates:

These adjusted procedures are consistent with long-standing county board of elections bipartisan voter registration proceedings, is a standard business procedure, and eliminates a mandate for electronic signatures.

6. Paperwork:

These adjusted procedures do not reduce, increase, or modify compliance with paperwork or preparation of forms and will adjust the rules to accurately reflect the technical and functional requirements of the system that houses the statewide list.

7. Duplication:

These regulations do not duplicate or overlap with any other federal or state regulations.

8. Alternatives:

The adjustments to the adopted rule have been prepared while taking into account the statutory objectives to adopt a 'bottom-up approach' when creating the statewide voter registration list and the need to access data and transmit data to the statewide voter registration list while maintaining the integrity, accuracy and authenticity of the list. This amendment was made after careful consideration of real world performance after the initial implementation of the statewide voter registration list and this amendment allows for compliance while maximizing legislative intent to create and support a 'bottom-up' system, at no additional cost or risk to the ongoing operation and performance of the statewide voter registration list.

One alternative discussed was to do nothing and not amend this regulation. This option was rejected, as it would result in significant cost to county boards of elections and to the State Board to modify voter registration systems, the NYSVoter interface between the State Board and the county boards of elections and would add a potential risk to the existing NYSVoter system, all of which are currently performing well.

9. Federal Standards:

The Help America Vote Act (42 USC 15483(a)) mandated the establishment by New York State of a computerized statewide voter registration list. This regulation complies with that requirement without exceeding it.

10. Compliance Schedules:

Compliance can be achieved by the county boards of election immediately after adoption.

Regulatory Flexibility Analysis

1. Effect of Rule:

There are 58 local boards of elections which must meet these requirements. The amendment to the adopted regulation is anticipated to have no effect on small businesses.

2. Compliance Requirements:

This amendment to the adopted rule eliminates the mandate for electronic signatures and allows county boards of elections to be able to comply with the requirement for bipartisan processing of voter registration information utilizing their existing infrastructure and long-established bipartisan processes. Bipartisan procedures have been established by the respective commissioners of the county board of election who will also supervise staff compliance with these requirements.

3. Professional Services:

The county boards of elections and/or their designated staff will be able to develop and implement the requirements of the NYS Election Law and these regulations.

4. Compliance Costs:

These amendments will add no additional costs for county boards of elections and avoids significant costs by eliminating the mandate for electronic signatures. The costs associated with processing of voter registration information by the county boards of elections is a standard business process, accomplished by county board employees and such voter registration and related list maintenance activities are part of their job description.

This amendment shall not incur costs to the State.

5. Economic and Technological Feasibility:

County boards of elections are currently required by statute to process voter registration information using bipartisan procedures adopted by the respective commissioners of the county board of elections. The amendment eliminating the mandate for electronic signatures makes the rule more feasible for compliance by county boards of elections. This is a continuation of an ongoing obligation.

6. Minimizing Adverse Impact:

The adjustment to the adopted rule will continue a normal business process and have no adverse impact on the local boards of elections.

Public trust in our elections is fundamental to governmental effectiveness. These draft proposed regulations have been prepared while taking into considerations the statutory obligations and balancing the impact of the statute and these regulations on county boards of elections against the need for the constant affirmation of accuracy in order to maintain voter confidence.

7. Small Business and Local Government Participation:

The State Board has had discussions with county election commissioners, county boards of election staff members and certain voter registration system vendors to obtain their opinions and suggestions during the preparation of these draft regulations.

Rural Area Flexibility Analysis

The adjustment to the adopted rule will have a positive impact on jurisdictions from rural areas of New York State by allowing the county boards of elections to continue to utilize long-established bipartisan practices when processing voter registration information.

These draft proposed regulations have been prepared while taking into consideration the statutory obligations and balancing the impact of the statute and these regulations on county boards of election against the need for the constant affirmation of accuracy in order to maintain voter confidence. Public trust in our elections is fundamental to governmental effectiveness. The adjustment to the adopted rule will continue a normal business process and have no adverse effect on the local boards of elections that are impacted.

Job Impact Statement

It is evident from the nature and purpose of the rule that these regulations neither create nor eliminate employment positions and/or opportunities, and, therefore, have no adverse impact on employment opportunities in New York State.