S T A T E   O F   N E W   Y O R K
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                                  7940

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the election law, in relation to voter enrollment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 4 of section 5-302 of the election  law,
subdivision 2 as amended by chapter 164 of the laws of 1985 and subdivi-
sion 4 as amended by chapter 91 of the laws of 1992, are amended to read
as follows:
  2.  If the application form is for a voter who has changed his enroll-
ment [or a voter who has previously registered and  not  enrolled]  FROM
ONE  PARTY  TO  ANOTHER,  then  the board of elections shall compare the
information  and  the  signature  appearing  on  each  application  form
received  with that on the registration 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 thir-
tieth  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 registration poll card, EXCEPT THAT ALL FORMS
SUBMITTED  DURING  THE NINETY DAYS PRIOR TO A PRIMARY ELECTION SHALL NOT
BE PROCESSED UNTIL AFTER THAT ELECTION.
  4. Registration poll records of voters  whose  registrations  are  not
rejected by the board of elections shall forthwith be placed in the poll
ledger  or such voters' names shall forthwith be entered in the computer
files from which the computer generated registration lists are prepared,
except that the registration poll record of an otherwise qualified voter
who registers after the twenty-fifth day before a primary election shall
not be placed in such poll ledger or such voters' names shall not appear
on such a computer generated registration list until after such  primary
and  except  further  that the registration poll record of a voter whose
previous registration was cancelled pursuant to the provisions  of  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11042-01-9
              

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chapter  [after  the  previous  general election] DURING THE NINETY DAYS
PRIOR TO A PRIMARY ELECTION and who registers pursuant to the provisions
of this chapter after such cancellation shall not be placed in such poll
ledger  or such voters' names shall not appear on such a computer gener-
ated registration list until after the  [fall]  NEXT  primary  election,
unless  such voter has enrolled with the same party as the enrollment on
the registration which was so cancelled.
  The registration poll record of a voter who is not eligible to vote in
a primary election but who is eligible to vote  in  a  special  election
held  before  such primary election shall be placed in its regular place
in the poll ledger or in a special section of such poll ledger for  such
special  election  as  the  board of elections, in its discretion, shall
provide, or such name shall appear in its regular place on the  computer
generated  registration  list prepared for use in such special election.
Such poll record shall be removed from  such  poll  ledger  or  computer
generated registration list immediately after such special election.
  S  2.  Section  5-304 of the election law, subdivision 1 as amended by
chapter 147 of the laws of 1982, subdivision 3 as amended by chapter  90
of  the  laws of 1991 and subdivision 4 as amended by chapter 659 of the
laws of 1994, is amended to read as follows:
  S 5-304. Enrollment; change of enrollment or new enrollment by  previ-
ously 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]  LESS  THAN NINETY DAYS before [the
general] ANY PRIMARY election shall be deposited in a sealed  enrollment
box,  which  shall  not be opened until the first Tuesday following such
[general] PRIMARY 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 appear-
ing before a board of inspectors.  If  the  applicant  has  appeared  in
person  and  if the board finds that he 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 an  application  form
for  voter registration by mail as provided by this chapter. If a regis-
tered voter submits an application form for registration  or  enrollment
as provided by this chapter, from the residence address from which he 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.
  5. AN APPLICATION FOR ENROLLMENT BY AN ALREADY REGISTERED VOTER WHO IS
NOT  ENROLLED  IN  ANY  PARTY  SHALL BE TREATED IN THE SAME MANNER AS AN
APPLICATION FOR REGISTRATION UNDER SECTION 5-210 OF THIS ARTICLE, EXCEPT
AS DESCRIBED IN SUBDIVISION SIX OF THIS SECTION.

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  6. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  CHAPTER,  A  VOTER
ENROLLED  WITH A POLITICAL PARTY ON THE NINETIETH DAY BEFORE ANY PRIMARY
ELECTION MAY NOT ENROLL WITH A DIFFERENT POLITICAL PARTY PRIOR  TO  THAT
PRIMARY ELECTION.
  S 3. This act shall take effect immediately.