NY State Senate Bill 2011-S423

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to elections
Jan 05, 2011	referred to elections

2011-S423 (ACTIVE) - Details

See Assembly Version of this Bill:: A5892
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§5-302 & 5-304, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4317, A7940
2013-2014: S3251, A935
2015-2016: S2740, A5763
2017-2018: S5615, A5751, A10843
2019-2020: S2510, A1949

2011-S423 (ACTIVE) - Summary

Relates to voter enrollment.

2011-S423 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S423

TITLE OF BILL:
An act to amend the election law, in relation to voter enrollment

PURPOSE:
Enables  a  voter  who  has  changed  his enrollment from one party to
another to vote in a primary election unless the change  is  submitted
during the ninety days prior to a primary election.

SUMMARY OF PROVISIONS:
Section  1.  Amends  the election law to allow a voter who has changed
his enrollment from one party  to  another  to  vote  in  an  upcoming
primary  election  unless  the application forms were submitted within
ninety days of the primary election.

Section 2. Change of enrollment shall apply to  an  application  by  a
registered  voter  already  enrolled  in  one  party  to  enroll  in a
different party. A change of  enrollment  received  by  the  board  of
elections  less than ninety days before any primary shall be deposited
in a sealed enrollment box, which shall not be opened until the  first
Tuesday  following  such  primary election and then can be removed and
entered into the rolls. 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. A  voter  enrolled
with a political party on the ninetieth day before any primary may not

enroll  with  a  different  political  party  prior  to  that  primary
election.

JUSTIFICATION:
New York, along with the State  of  New  Hampshire,  has  one  of  the
longest  lead  times to change voter enrollment in the entire country.
Is New York State protecting the primary process by preventing  voters
from  easily  changing  their enrollment, or just limiting options for
voters?

Current New York State Law requires a  voter  to  change  their  party
enrollment  30 days prior to general election preceding the primary in
which they want to  vote.  Very  simply,  your  change  in  enrollment
doesn't  go  into  effect  until after a general election. New voters,
however can register up until  25  days  before  an  election  whereas
registered voters are subject to the lengthy enrollment deadline.

In  the  1970's a group of New Yorkers prohibited from voting in party
primaries  because  they  missed  the  date  for   switching   parties
challenged  the  New  York  deadline, which was then the same as it is
now. They argued that the timeframe was  unconstitutional  because  it
restricted  their inherent rights under the 5th and 14th Amendments to
affiliate with the party of their choosing.

Two lower courts ruled in Rosario v. Rockefeller that the  New  York's
enrollment  deadline  was  unconstitutional.  But in 1973, the Supreme
Court, in a five-to-four split, overturned the decision and upheld New
York's primary procedures. The state's  policies  did  not  absolutely
disenfranchise  voters,  said  the  Supreme  Court, they merely put in
place a time restriction in relation to  party  affiliation.  However,


given  the  importance  of primary elections in our state, the current
onerous  limitation  on  changing  party  registration   substantially
reduces voter's opportunities to participate in the political process.

LEGISLATIVE HISTORY:
2009-2010: S.4317/A.7940

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S423 (ACTIVE) - Bill Text download pdf

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

                                   423

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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] OF THIS
SECTION to enter such enrollment on such voter's registration poll card,
EXCEPT THAT ALL FORMS SUBMITTED DURING THE NINETY DAYS PRIOR TO A PRIMA-
RY 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

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

                                                           LBD00949-01-1

S. 423                              2

previous registration was cancelled pursuant to the provisions  of  this
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 62 of the
laws of 2010, 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 or she is properly registered, it
shall provide the applicant with an application form for voter registra-
tion 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 registra-
tion 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 affi-
davit shall be treated as an application for change of enrollment.

S. 423                              3

  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.
  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.

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Senate Bill S423

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2011-S423 (ACTIVE) - Details

2011-S423 (ACTIVE) - Summary

2011-S423 (ACTIVE) - Sponsor Memo

2011-S423 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S423

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Rules Committee

2011-S423 (ACTIVE) - Details

2011-S423 (ACTIVE) - Summary

2011-S423 (ACTIVE) - Sponsor Memo

2011-S423 (ACTIVE) - Bill Text download pdf

Comments