senate Bill S213

2013-2014 Legislative Session

Relates to procedures for change of enrollment

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to elections
Jan 09, 2013 referred to elections

Co-Sponsors

S213 - Bill Details

See Assembly Version of this Bill:
A2017
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd Ā§5-304, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S56, A5928
2009-2010: S4543, A408

S213 - Bill Texts

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Amends procedures for change of party enrollment to require post mark 25 days prior to a primary, general or special election.

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BILL NUMBER:S213

TITLE OF BILL:
An act
to amend the election law, in relation to change of enrollment

PURPOSE:
Under current law, when a registered voter seeks to change his/her
party enrollment to a different party, enroll in a party (when not
previously enrolled in any party), or to end his/her enrollment in a
party, the effective change of that enrollment is deferred until
the first Tuesday following the general election. As a result, voters
wishing to make such changes of enrollment may have to wait as long
as thirteen months to see their changes of enrollment take effect.
Under this bill, changes of enrollment would take effect twenty-five
(25) days after such changes were applied for. This new timeframe
would coincide with the deadlines for voter registration thus
simplifying the process for both voters and county boards of
elections.

SUMMARY OF PROVISIONS:
Section 1 amends Subdivision 3 of Section 5-304 of the election law to
make changes of enrollment effective twenty-five (25) days after they
are applied for.
Section 2 sets the effective date.

JUSTIFICATION:
Of paramount importance in a democratic society is not just to be able
to vote for the candidate of one's choice but also to be able to
select the candidates who appearĀ· on the ballot. In fact, in many
instances this selection is more significant than the general
election itself. In New York, voters get to partake in this selection
process by means of primary elections.. Unfortunately, many voters
discover that they are unable to vote in the party primary of their
choice because they are not enrolled in a party or are not enrolled
in the party whose primary they wish to vote in. Voters who seek
changes of enrollment discover that such changes would not be
effective until after the November elections, not in time to be able
to vote in the Presidential Primaries themselves. For example, voters
who wished to change their party enrollment for any of the 2008
elections (including the February Presidential primary, the September
primary or the November election) would have had to apply for a
change of enrollment in early October of 2007, four months before the
Presidential primary. Though voters are disenfranchised in greater
numbers in the Presidential primaries than in the annual September
primaries, this problem is experienced by voters
every year in the September primary. Voters who wished to change
their party enrollment so that they could vote in the 2008 September
primary would have also had
to apply for a change of enrollment in early October of 2007, eleven
(11) months before the September primary, This bill would ensure that
voters are fully able to partake in all steps of the electoral process;
including the candidate selection process.

LEGISLATIVE HISTORY:


2012: Committee Discharged and Committed to Rules
2009-10: S.4543 - Elections - A.408 - Election Law
2008: A.8035 (Kavanagh) - Election Law
2007: A.8035 (Kavanagh) - Election Law
2007: A.2972 (Grannis) - Election Law
2006: A.1829 (Grannis) - Election Law
2005: A.1829 (Grannis) - Election Law
2004: A.711 (Grannis) - Election Law
2003: A.711 (Grannis) - Election Law
2002: A.7041A (Grannis) - Election Law
2001: A.7041 (Grannis) - Election Law

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect sixty days after it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   213

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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.
                                                           LBD00290-01-3

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