NYCL AGO 95-F9.

• Case Date: December 14, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-F9. December 14, 1995Formal Opinion No. 95-F9Robert E. Diaz General Counsel No. 95-F9 The City University of New York 535 East 80th Street New York, New York 10021NY CONST ART II, § 8; ELECTION LAW § 5-211; 42 USC § 1973gg-5.While CUNY has not been designated as a participating agency, and is not required to conduct registration activities beyond the distribution of voter registration forms specifically mandated in the first paragraph of Election Law § 5-211, CUNY is not prohibited from implementing a more comprehensive voter registration program, including providing assistance in completion of forms and collecting and transmitting completed forms to the Board of Elections.Dear Mr. Diaz: You have asked us to address whether Election Law § 5-211, effective January 1, 1995, which requires the City University of New York (CUNY), among other agencies, to administer a program of distribution of voter registration forms, prohibits the University from providing assistance in the completion of the forms and transmission of completed forms to the Board of Elections. We conclude that Election Law § 5-211 does not prohibit CUNY from engaging in the provision of appropriate assistance and transmission activities. Election Law § 5-211 as recently amended provides for the participation by various named state agencies in distribution of voter registration forms, assistance in the completion of the forms, and transmission of completed forms to the Board of Elections. The statute was amended in an effort to bring State voter registration practices in compliance with the Federal "Motor Voter" Registration Act of 1993. The Federal statute directs that

"(2) Each State shall designate as voter registration agencies -

(A) All offices in the State that provide public assistance; and

(B) All offices in the State that provide State-funded programs primarily engaged in providing services to persons with disabilities."

42 USC § 1973gg-5(a)(2). In addition to the agencies designated above, the Federal statute directs that "each State shall designate other offices within the State as voter registration agencies . . which may include "State or local government offices" and "Federal and nongovernmental offices, with the agreement of such offices." 42 USC § 1973gg-5(a)(3). The statute...