Assembly Bill A9661

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

                                  9661

                          I N  A S S E M B L Y

                             March 24, 2016
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Election Law

AN  ACT  to  amend  the  election law, in relation to permitting persons
  registered to vote but not enrolled in a party to vote in  the  presi-
  dential primary

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1-104 of the election law is amended  by  adding  a
new subdivision 38 to read as follows:
  38.  THE TERM "UNDECLARED VOTER" MEANS A PERSON REGISTERED TO VOTE AND
WHO IS NOT ENROLLED IN A PARTY PURSUANT TO ARTICLE FIVE OF THIS CHAPTER.
  S 2. The election law is amended by adding a new section 2-123 to read
as follows:
  S 2-123. OPEN PRESIDENTIAL PRIMARIES. NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, AFTER THE EFFECTIVE DATE OF THIS SECTION, AN  UNDE-
CLARED  VOTER  SHALL BE PERMITTED TO VOTE IN THE PRESIDENTIAL PRIMARY OF
ANY PARTY. SUCH UNDECLARED VOTER  MAY  ONLY  VOTE  IN  THE  PRESIDENTIAL
PRIMARY  OF  ONE  PARTY. SUCH UNDECLARED VOTER SHALL SELECT THE PARTY IN
WHICH THE VOTER WISHES TO CAST SUCH A BALLOT ON THE DAY OF THE PRESIDEN-
TIAL PRIMARY AT THE POLLING PLACE OF THE UNDECLARED VOTER  AT  THE  TIME
SUCH VOTER SEEKS TO CAST A BALLOT.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14754-01-6