1. The Laws of New York
  2. Consolidated Laws
  3. Election
  4. Article 5: Registration and Enrollment of Voters
  5. Title 3: Enrollment


Section 5-304 Enrollment; change of enrollment or new enrollment by previously registered voters

Election (ELN)

Enrollment; change of enrollment or new enrollment by previously registered voters. 1. A registered voter may change his enrollment in the manner prescribed by this section.

  2. The term "change of enrollment" shall apply to applications by a registered voter already enrolled in one party to enroll in a different party, or to delete his enrollment in any party, or an application by a registered voter not enrolled in any party to enroll in a particular party.

  3. A change of enrollment received by the board of elections 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 article.

  4. Registered voters may apply for change of enrollment personally by mail to or by appearing before a county board of elections or by appearing before a board of inspectors. If the applicant has appeared in person and if the board finds that he or she is properly registered, it shall provide the applicant with an application form for voter registration by mail which shall be treated as an application for change of enrollment filed pursuant to this section. If the voter has applied personally by mail, the county board of elections shall mail him or her an application form for voter registration by mail as provided by this chapter. If a registered voter submits an application form for registration or enrollment as provided by this chapter, from the residence address from which he or she is then registered, and such form reflects a change of enrollment, the county board of elections shall treat such form as an application for change of enrollment filed pursuant to this section. If such application form also sets forth a new address within the same city or county, the board of elections shall also treat such form as an application for transfer of registration pursuant to section 5-208 of this article. If a voter has cast a ballot in an affidavit ballot envelope on which such voter claims a party enrollment different from the enrollment in the records of the board of elections, such affidavit shall be treated as an application for change of enrollment.