S T A T E O F N E W Y O R K
________________________________________________________________________
5928
2011-2012 Regular Sessions
I N A S S E M B L Y
March 2, 2011
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Introduced by M. of A. KAVANAGH, P. RIVERA, STEVENSON -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to change of enrollment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 5-304 of the election law, as
amended by chapter 90 of the laws of 1991, is amended to read as
follows:
3. A change of enrollment received by the board of elections, SHOWING
A DATED CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, OR
CONTAINED IN AN ENVELOPE SHOWING SUCH A DATED CANCELLATION MARK WHICH IS
DATED not later than the twenty-fifth day before the [general election
shall be deposited in a sealed enrollment box, which shall not be opened
until the first Tuesday following such general election. Such change of
enrollment shall be then removed and entered as provided in this arti-
cle] NEXT ENSUING PRIMARY, GENERAL, OR SPECIAL ELECTION, AND RECEIVED NO
LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION, OR DELIVERED IN
PERSON TO SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE TENTH DAY
BEFORE A SPECIAL ELECTION, SHALL HAVE SUCH CHANGE OF ENROLLMENT EFFEC-
TIVE FOR SUCH ELECTION. ENROLLMENT CHANGES SHALL BE ENTERED AS PROVIDED
IN THIS ARTICLE AND WILL BE DEEMED TO TAKE EFFECT ON THE TWENTY-FIFTH
DAY AFTER SUCH CHANGE OF ENROLLMENT IS RECEIVED BY THE BOARD OF
ELECTIONS OR IF THE CHANGE OF ENROLLMENT, OR THE ENVELOPE CONTAINING IT,
BEARS A DATED CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE,
SUCH CHANGE SHALL BE ENTERED AND WILL BE DEEMED TO TAKE EFFECT ON THE
TWENTY-FIFTH DAY AFTER THE DATE OF SUCH MARK, WHICHEVER IS EARLIER;
EXCEPT THAT NO CHANGE WILL TAKE EFFECT SOONER THAN THE TWENTIETH DAY
AFTER THE RECEIPT OF SUCH CHANGE OF ENROLLMENT BY THE BOARD OF ELECTIONS
EXCEPT WITH REGARD TO SPECIAL ELECTIONS AS PROVIDED IN THIS SUBDIVISION.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00095-01-1