N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.136 - Executive order no. 136: establishing a state program for voter registration

WHEREAS, an individual's right to vote is a fundamental right that serves as the bulwark of our democracy;

WHEREAS, many individuals do not exercise their right to vote because they are unaware of registration requirements or do not have access to voter registration forms;

WHEREAS, the State is in a unique position to assist its citizens in registering to vote and thereby assure that they have opportunity to exercise their fundamental right to vote; and

WHEREAS, State employees as public servants are best qualified to assist the public by providing assistance which will enable citizens to fully participate in the democratic process;

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:

I. Procedures for the Program of Voter Registration

The following procedures are hereby established to implement the program of voter registration:

(1) State agencies which have regular contact with the public in their daily administration of business, including the Departments of Labor, Motor Vehicles, Social Services and State, the Workers' Compensation Board, and any other such agency selected by the Governor, shall conduct voter registration projects to assist citizens of the State in registering to vote.

(2) State agencies conducting voter registration projects, except for those agencies conducting special voter registration projects pursuant to section III of this order, shall make postage paid mail registration forms available to persons who are interested in registering to vote, and shall make staff available to assist the public in filling out the mail registration forms.

(3) All voter registration projects shall be conducted in the public areas of State agencies where services are made available to the public.

(4) Each agency involved in a project, after consultation with the Office of Employee Relations, shall make employees available to administer the agency's voter registration project and shall appoint a coordinator for that agency responsible for the implementation and reporting of the voter registration program.

(5) Employees involved in a voter registration project conducted pursuant to this section shall assist persons interested in registering to vote by explaining the mail registration process and the questions contained on the mail registration form in accordance with the guidelines of the State Board of Elections, and shall maintain a position of strict neutrality with respect to a person's party enrollment and shall advise all persons seeking to register that government services are not conditioned on being registered to vote.

(6) Each agency involved in the voter registration project conducted pursuant to this section shall, at the next regularly scheduled printing of its intake form, amend such form to include the following statement:

If you are not registered to vote at your current address you may receive a registration form here today. You may receive government services without being registered to vote. Would you like a registration form? Yes No

In the period between the signing of this order and the amending of an agency's intake form, each agency's intake personnel shall, after appropriate training, routinely inquire of persons seeking services from the agency whether such persons would like to register to vote. If the applicant answers affirmatively either orally or by checking the appropriate section of an agency's amended intake form, the employee shall hand the applicant a voter registration form, offer assistance in filling it out, and direct the applicant to the nearest mailbox.

(7) In coordination with the Director of State Operations and Policy Management and the State Board of Elections, each agency conducting a voter registration project shall develop and prominently display promotional materials informing the public of the existence of voter registration services.

II. Establishment of Voter Registration Task Force

A Task Force composed of the Director of State Operations and Policy Management, the Commissioners of the Department of Labor, Motor Vehicles, Social Services, State, the Chairman of the Worker's Compensation Board, and the heads of any other agencies selected to conduct voter registration projects, the Directors of the Office of Employee Relations and the Division of the Budget, and the Executive Director of the State Board of Elections, or their representatives, is hereby established. The Director of State Operations and Policy Management shall serve as Chairman of the Task Force.

The Task Force shall meet at least semiannually. It shall:

Coordinate the administration of the program in appropriate State agency offices;

Resolve any administrative difficulties which may arise as the program is implemented;

Develop training programs for State employees involved in the registration effort. Each agency coordinator shall be responsible for training. Training shall consist of instructions on:

how to complete the form;

registration deadlines;

the need for applicants to re-register each time they move;

the need to re-register if the applicant has not voted in four years;

an explanation of the notice that voters receive from their local election authority when they have been officially registered;

maintaining strict neutrality with respect to a person's party enrollment and advising all persons seeking to register that government services are not conditioned on being registered to vote.

Report by December 31st to the Governor on the progress of the program. The report shall include information on the number of new voters registered and the operation of the program in agency offices, and suggestions for the improved administration of the program;

Seek comments and proposals from the public or interested entities concerning the effectiveness of the program and suggestions for improvement;

Cooperate with the Mayor's Office and the Voter Assistance Commission of the City of New York to develop complementary procedures between City and State agencies; and

Facilitate the development of voter registration programs by nonprofit entities and the business community.

III. Special Voter Registration Projects

The Commissioner of Motor Vehicles shall distribute a postage paid mail voter registration form as approved by the State Board of Elections returnable to the State Board of Elections with each mailing concerning the renewal of a driver's license or nondriver identification. In addition, the Commissioner of Motor Vehicles shall make available postage paid mail registration forms to all persons applying for an original driver's license or learner's permit. At the next regularly scheduled printing of the application form for a driver's license or learner's permit, such form shall be amended to allow an applicant to request a postage paid voter registration form.

The Governor may designate from time to time any other agency to distribute postage paid mail voter registration forms to persons seeking or receiving services from such agency.

IV. Revocation of Prior Executive Order and Effective Date

Executive Order 43 dated July 10, 1984 is hereby revoked and superceded by this Executive Order, which shall take effect immediately.

Signed: Mario M. CuomoDated: March 3, 1990

[FN*] [Revoked by Executive Order No. 29 (George E. Pataki), infra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.136