Assembly Bill A3138

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3138
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in relation to enrolling  in  a  party
   within  10  days  of  a  primary,  general or special election; and to
   repeal subdivision 3 of section 5-304 of  the  election  law  relating
   thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 5 of section 5-302 of the election  law,
 subdivision  2  as amended by chapter 164 of the laws of 1985 and subdi-
 vision 5 as amended by chapter 113 of the laws of 2023, are  amended  to
 read as follows:
   2.  If the application form is for a voter who has changed [his] THEIR
 enrollment or a voter who has previously registered  and  not  enrolled,
 then the board of elections shall compare the information and the signa-
 ture appearing on each application form received with that on the regis-
 tration  poll  record of the applicant and if found to correspond in all
 particulars shall[, not earlier than  the  Tuesday  following  the  next
 general election and not later than the thirtieth day preceding the last
 day  for publishing enrollment lists, proceed in the manner specified in
 subdivision one hereof to enter such enrollment on such  voter's  regis-
 tration  poll card] ENROLL SUCH VOTER IN THE DESIGNATED PARTY AND IF THE
 CHANGE OF ENROLLMENT IS NO LATER THAN THE  TENTH  DAY  BEFORE  THE  NEXT
 ENSUING  PRIMARY  ELECTION  FOR  THE SELECTED PARTY, SUCH VOTER SHALL BE
 ELIGIBLE TO VOTE IN THE NEXT PRIMARY ELECTION OF THE SELECTED PARTY.
   5. During the period preceding the ensuing primary election, the board
 of elections shall maintain as a public record a list of all enrollments
 entered, transferred  or  corrected,  and  not  contained  in  the  last
 published  enrollment  list.  Such  supplemental  enrollment  list shall
 contain the same information and shall be distributed in the same manner
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06612-01-5
 A. 3138                             2
              

 
 as the original enrollment list not later than  the  [tenth]  FIFTH  day
 before the primary election.
   § 2. Subdivision 3 of section 5-304 of the election law is REPEALED.
   §  3.  Subdivision 2 of section 11-200 of the election law, as amended
 by chapter 113 of the laws of 2023, is amended to read as follows:
   2. Every person registered pursuant to this title shall continue to be
 eligible to vote in all elections in which special  federal  voters  are
 eligible to vote except that in order to vote at a primary election of a
 party,  a  voter  registered  pursuant  to  this title must have been so
 registered [and enrolled] in such  party  before  the  previous  general
 election; or, if such voter was not registered in New York state for the
 previous  general  election,  such  voter  must so register [and] AND/OR
 enroll in such party not later than ten days before such  primary[;  or,
 if  such  voter  was  registered  in New York state for the last general
 election, such voter must have had the same party enrollment  with  such
 registration as such voter sets forth on their application for registra-
 tion and enrollment as a special federal voter].
   § 4. This act shall take effect immediately.