Legislation

Search OpenLegislation Statutes
This entry was published on 2019-03-29
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5-208
Transfer of registration and enrollment
Election (ELN) CHAPTER 17, ARTICLE 5, TITLE 2
§ 5-208. Transfer of registration and enrollment. 1. The board of
elections shall transfer the registration and enrollment of any voter
appearing on a statewide voter list pursuant to subdivision one of
section 5-614 of this article for whom it receives a notice of change of
address to another address in New York state, or for any voter who
submits a ballot in an affidavit ballot envelope which sets forth such a
new address. Such notices shall include, but not be limited to, notices
received from any state agency which conducts a voter registration
program pursuant to the provisions of sections 5-211 and 5-212 of this
title, that the voter has notified such agency of a change of address in
New York state unless the voter has indicated that such change of
address is not for voter registration purposes, notices of change of
address from the United States Postal Service through the National
Change of Address System, any notices of a forwarding address on mail
sent to a voter by the board of elections and returned by the postal
service, national or state voter registration forms, confirmation
mailing response cards, United States Postal Service notices to
correspondents of change of address, applications for registration from
persons already registered in New York state, or any other notices to
correspondents sent to the board of elections by such voters.

2. Upon receipt of such a notice, the board shall compare the
signature (if any) and other information with the signature and other
information on the registration record on file. If such signature and
other information appears to be correct, the board shall change the
address of the voter in all the records of such board.

3. If such a notice is received at least twenty days before a primary,
special or general election, such change of address must be completed
before such election.

4. If such application for registration from a voter already
registered in New York state also reflects a change of enrollment, the
board of elections shall treat such application as an application for
change of enrollment pursuant to section 5-304 of this article.

5. As soon as practicable, after it transfers a voter's registration,
the board of elections shall send the voter, by forwardable first class
or return postage guaranteed mail, a notice advising him of the transfer
in a form which is similar to the notice sent to new registrants
pursuant to the provisions of section 5-210 of this title and which has
been approved by the state board of elections. If the notice of change
of address did not contain the voter's signature, such notice shall
include a postage paid return card, in a form prescribed by the state
board of elections, on which the voter may notify the board of elections
of any correction of address, together with a statement on such notice
and on the return card that the voter should return such card only if
the address to which the notice was sent is not the voter's current
address.

6. If a notice sent pursuant to subdivision five of this section is
returned by the postal service as undeliverable and without a forwarding
address, the board of elections shall return the registration of such
voter to the original address, send such voter a confirmation notice
pursuant to the provisions of subdivision one of section 5-712 of this
title and place such voter in inactive status.

7. The board of elections shall preserve such notices of change of
address for as long as registration records are otherwise required to be
preserved or, if the computer readable records maintained by the board
of elections include a complete copy of such notice, the board shall
preserve the original notice for a period of at least two years or such
longer period as the state board of elections may require.

8. If the board of elections receives notice of a change of address
within New York state from, or with respect to, a person who it
determines is not registered in New York state, it shall forthwith send
such person a notice to that effect in a form approved by the state
board of elections at the new address set forth in such notice of change
of address, together with a voter registration form.

9. The state board of elections shall promulgate regulations as to the
procedures for transferring a voter from one county to another.