The New York State Senate

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

                                  5777

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

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 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.
                                                           LBD00967-01-5