Assembly Bill A1767

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1767
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by M. of A. SIMON, SHRESTHA, SHIMSKY, CRUZ, SEAWRIGHT, REYES
   -- 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 316 of the laws  of  2019,  is  amended  to  read  as
 follows:
   3.  A  change  of  enrollment received by the board of elections [will
 take effect immediately, provided  however,  any  change  of  enrollment
 received  by the board of elections after February fourteenth and before
 or on seven days after the June primary shall take effect on the seventh
 day after the June primary] 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 NEXT ENSUING PRIMARY, GENERAL, OR SPECIAL  ELECTION,  AND
 RECEIVED NO LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION, OR DELIV-
 ERED  IN  PERSON  TO  SUCH  COUNTY BOARD OF ELECTIONS NOT LATER THAN THE
 TENTH DAY BEFORE A SPECIAL ELECTION, SHALL HAVE SUCH CHANGE  OF  ENROLL-
 MENT EFFECTIVE FOR SUCH ELECTION. ENROLLMENT CHANGES SHALL BE ENTERED AS
 PROVIDED  IN THIS ARTICLE AND WILL BE DEEMED TO TAKE EFFECT ON THE TWEN-
 TY-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.
                                                            LBD04706-01-5