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This entry was published on 2022-04-29
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SECTION 5-308
Enrollment; automatic voter registration
Election (ELN) CHAPTER 17, ARTICLE 5, TITLE 3
* § 5-308. Enrollment; automatic voter registration. 1. The board of
elections shall, promptly and not later than twenty-one days after
receipt of a voter registration or pre-registration application
submitted pursuant to title nine of this article by a voter registering
or pre-registering for the first time, send any such voter who did not
enroll in a party a notice and a form to indicate party enrollment. Such
notice shall offer the voter the opportunity to enroll with a party or
to decline to enroll with a party and contain the following statement in
prominent type "ONLY ENROLLED MEMBERS OF A POLITICAL PARTY MAY VOTE IN
THAT PARTY'S PRIMARIES." Such form shall provide a clear alternative for
the applicant to decline to affiliate with any party.

2. Notwithstanding subdivision two of section 5-304 of this title, if
a voter who registered to vote for the first time (or pre-registered)
pursuant to title nine of this article responds to the notice required
by subdivision one of this section and elects to enroll in a party, such
enrollment shall take effect immediately. However, any pre-registrant's
registration shall remain classified as "pending" until the voter
reaches the age of eligibility.

3. If a voter appears at a primary election and votes by affidavit
ballot indicating the intent to enroll in such party, such affidavit
ballot shall cause the voter to be enrolled immediately in that party if
the board of elections determines that the voter registered (or
pre-registered) to vote for the first time pursuant to title nine of
this article.

4. If a voter appears at a primary election and votes by affidavit
ballot indicating the intent to enroll in such party, such affidavit
ballot shall be cast and counted if the board of elections determines
that the voter registered (or pre-registered) to vote at least
twenty-five days before that primary pursuant to title nine of this
article and such voter is otherwise qualified to vote in such election.

* NB Effective January 1, 2023