The New York State Senate

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

                                  10842

                          I N  A S S E M B L Y

                              May 23, 2018
                               ___________

Introduced  by M. of A. SIMON -- 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.
  § 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.
                                                           LBD01926-01-7