S T A T E O F N E W Y O R K
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4748
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. ESPAILLAT, V. LOPEZ, WRIGHT -- Multi-Sponsored by
-- M. of A. DIAZ -- read once and referred to the Committee on
Election Law
AN ACT to amend the election law, in relation to the deadline for
enrollment and change of enrollment for a primary election and the
qualifications to vote in a primary election
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 1-104 of the election law is
amended to read as follows:
9. The terms "primary" or "primary election" mean only the mandated
election at which enrolled members of a party AND SUCH OTHER VOTERS AS
THE RULES OF SUCH PARTY MAY PERMIT may vote for the purpose of nominat-
ing party candidates and electing party officers.
S 2. Subdivisions 2 and 4 of section 5-302 of the election law, subdi-
vision 2 as amended by chapter 164 of the laws of 1985 and subdivision
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, then the
board of elections shall compare the information and the signature
appearing on each application form received with that on the registra-
tion 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 thirtieth day preceding the last
day for publishing enrollment lists, proceed in the manner specified in
subdivision one [hereof] OF THIS SECTION to enter such enrollment on
such voter's registration poll card. PROVIDED HOWEVER, THAT IF A RULE OF
THE STATE COMMITTEE OF A PARTY, FILED WITH THE STATE BOARD OF ELECTIONS
AT LEAST NINETY DAYS BEFORE A PRIMARY ELECTION TO WHICH IT APPLIES,
PROVIDES THAT VOTERS WHO WERE NOT PREVIOUSLY ENROLLED IN SUCH PARTY,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08374-01-9
A. 4748 2
MAY VOTE IN THE PRIMARY ELECTIONS OF SUCH PARTY WHICH ARE SPECIFIED IN
SUCH RULE IF THEY ENROLL IN SUCH PARTY BY A DATE, SPECIFIED IN SUCH
RULE, WHICH MAY NOT BE LATER THAN THIRTY DAYS BEFORE SUCH PRIMARY
ELECTION, THE ENROLLMENT OF A VOTER FROM WHOM AN APPLICATION WITH AN
ENROLLMENT IN SUCH PARTY IS RECEIVED ON OR BEFORE SUCH LATER DATE BEFORE
SUCH A PRIMARY ELECTION SHALL BE ENTERED FORTHWITH.
4. A. 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
chapter after the previous general 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 generated registration list until after the fall primary
election, unless such voter has enrolled with the same party as the
enrollment on the registration which was so cancelled. PROVIDED HOWEV-
ER, THAT IF ANY SUCH VOTER ENROLLS IN A PARTY WHICH, PURSUANT TO THE
PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, PERMITS VOTERS WHO ENROLL
IN SUCH PARTY BY A DATE SPECIFIED IN A RULE ADOPTED PURSUANT TO SUCH
SUBDIVISION TWO, TO VOTE IN SOME, OR ALL, OF THE PRIMARY ELECTIONS OF
SUCH PARTY, THE REGISTRATION POLL RECORD OF SUCH A VOTER WHO REGISTERS
BY SUCH LATER DATE BEFORE SUCH A PRIMARY ELECTION SHALL BE PLACED IN THE
POLL LEDGER FORTHWITH.
B. 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], OR IN A PRIMARY ELECTION,
BUT WHO IS NOT ELIGIBLE TO VOTE IN A PRIMARY ELECTION HELD AFTER SUCH
SPECIAL ELECTION OR SUCH FIRST PRIMARY ELECTION, shall be placed in its
regular place in the poll ledger or in a special section of such poll
ledger for [such] THE special OR PRIMARY election IN WHICH SUCH VOTER IS
ELIGIBLE TO VOTE, 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 OR PRIMARY
election.
S 3. Subdivision 4 of section 8-302 of the election law, as amended by
chapter 200 of the laws of 1996, is amended to read as follows:
4. At a primary election, a voter whose registration poll record is in
the ledger shall be permitted to vote only in the primary of the party
in which such record shows him to be enrolled unless he shall present a
court order pursuant to the provisions of subparagraph (i) of paragraph
(e) of subdivision three of this section requiring that he be permitted
to vote in the primary of another party, or unless he shall present a
certificate of enrollment issued by the board of elections, not earlier
than one month before such primary election, pursuant to the provisions
of this chapter which certifies that he is enrolled in a party other
than the one in which such record shows him to be enrolled, or unless he
shall subscribe an affidavit pursuant to the provisions of subparagraph
(ii) of paragraph (e) of subdivision three of this section, OR UNLESS HE
A. 4748 3
SEEKS TO VOTE IN THE PRIMARY OF A PARTY, A STATE COMMITTEE RULE OF
WHICH, FILED WITH THE STATE BOARD OF ELECTIONS AT LEAST NINETY DAYS
BEFORE SUCH PRIMARY ELECTION, PROVIDES THAT VOTERS WHO ARE NOT ENROLLED
IN SUCH PARTY, MAY VOTE IN THE PRIMARY OF SUCH PARTY AT SUCH PRIMARY
ELECTION.
S 4. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.