S T A T E O F N E W Y O R K
________________________________________________________________________
7940
2009-2010 Regular Sessions
I N A S S E M B L Y
April 28, 2009
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Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to voter enrollment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 4 of section 5-302 of the election law,
subdivision 2 as amended by chapter 164 of the laws of 1985 and subdivi-
sion 4 as amended by chapter 91 of the laws of 1992, are amended to read
as follows:
2. If the application form is for a voter who has changed his enroll-
ment [or a voter who has previously registered and not enrolled] FROM
ONE PARTY TO ANOTHER, then the board of elections shall compare the
information and the signature appearing on each application form
received with that on the registration poll record of the applicant and
if found to correspond in all particulars shall[, not earlier than the
Tuesday following the next general election and not later than the thir-
tieth day preceding the last day for publishing enrollment lists,]
proceed in the manner specified in subdivision one hereof to enter such
enrollment on such voter's registration poll card, EXCEPT THAT ALL FORMS
SUBMITTED DURING THE NINETY DAYS PRIOR TO A PRIMARY ELECTION SHALL NOT
BE PROCESSED UNTIL AFTER THAT ELECTION.
4. Registration poll records of voters whose registrations are not
rejected by the board of elections shall forthwith be placed in the poll
ledger or such voters' names shall forthwith be entered in the computer
files from which the computer generated registration lists are prepared,
except that the registration poll record of an otherwise qualified voter
who registers after the twenty-fifth day before a primary election shall
not be placed in such poll ledger or such voters' names shall not appear
on such a computer generated registration list until after such primary
and except further that the registration poll record of a voter whose
previous registration was cancelled pursuant to the provisions of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11042-01-9
A. 7940 2
chapter [after the previous general election] DURING THE NINETY DAYS
PRIOR TO A PRIMARY ELECTION and who registers pursuant to the provisions
of this chapter after such cancellation shall not be placed in such poll
ledger or such voters' names shall not appear on such a computer gener-
ated registration list until after the [fall] NEXT primary election,
unless such voter has enrolled with the same party as the enrollment on
the registration which was so cancelled.
The registration poll record of a voter who is not eligible to vote in
a primary election but who is eligible to vote in a special election
held before such primary election shall be placed in its regular place
in the poll ledger or in a special section of such poll ledger for such
special election as the board of elections, in its discretion, shall
provide, or such name shall appear in its regular place on the computer
generated registration list prepared for use in such special election.
Such poll record shall be removed from such poll ledger or computer
generated registration list immediately after such special election.
S 2. Section 5-304 of the election law, subdivision 1 as amended by
chapter 147 of the laws of 1982, subdivision 3 as amended by chapter 90
of the laws of 1991 and subdivision 4 as amended by chapter 659 of the
laws of 1994, is amended to read as follows:
S 5-304. Enrollment; change of enrollment or new enrollment by previ-
ously registered voters. 1. A registered voter may change his enrollment
in the manner prescribed by this section.
2. The term "change of enrollment" shall apply to applications by a
registered voter already enrolled in one party to enroll in a different
party[, or to delete his enrollment in any party, or an application by a
registered voter not enrolled in any party to enroll in a particular
party].
3. A change of enrollment received by the board of elections [not
later than the twenty-fifth day] LESS THAN NINETY DAYS before [the
general] ANY PRIMARY election shall be deposited in a sealed enrollment
box, which shall not be opened until the first Tuesday following such
[general] PRIMARY election. Such change of enrollment shall be then
removed and entered as provided in this article.
4. Registered voters may apply for change of enrollment personally by
mail to or by appearing before a county board of elections or by appear-
ing before a board of inspectors. If the applicant has appeared in
person and if the board finds that he is properly registered, it shall
provide the applicant with an application form for voter registration by
mail which shall be treated as an application for change of enrollment
filed pursuant to this section. If the voter has applied personally by
mail, the county board of elections shall mail him an application form
for voter registration by mail as provided by this chapter. If a regis-
tered voter submits an application form for registration or enrollment
as provided by this chapter, from the residence address from which he is
then registered, and such form reflects a change of enrollment, the
county board of elections shall treat such form as an application for
change of enrollment filed pursuant to this section. If such application
form also sets forth a new address within the same city or county, the
board of elections shall also treat such form as an application for
transfer of registration pursuant to section 5-208 of this article.
5. AN APPLICATION FOR ENROLLMENT BY AN ALREADY REGISTERED VOTER WHO IS
NOT ENROLLED IN ANY PARTY SHALL BE TREATED IN THE SAME MANNER AS AN
APPLICATION FOR REGISTRATION UNDER SECTION 5-210 OF THIS ARTICLE, EXCEPT
AS DESCRIBED IN SUBDIVISION SIX OF THIS SECTION.
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6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A VOTER
ENROLLED WITH A POLITICAL PARTY ON THE NINETIETH DAY BEFORE ANY PRIMARY
ELECTION MAY NOT ENROLL WITH A DIFFERENT POLITICAL PARTY PRIOR TO THAT
PRIMARY ELECTION.
S 3. This act shall take effect immediately.