BILL NUMBER: S7363

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the election law, in relation to the postmark date for
change of enrollment

 
PURPOSE:

To clarify that change in party enrollment forms must be postmarked, not
received by, the twenty-fifth day before the next general election.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision three of section 5-304 of the election law,
as amended by chapter 90 of the laws of 1991, to provide that a change
in enrollment may be postmarked not later than the twenty-fifth day
before the general election and received by the board of elections not
later than the twentieth day before the general election.

              

Section 2 provides the effective date.

 
JUSTIFICATION:

Voter registration forms are considered timely if they are postmarked by
the deadline set forth in the law, but the law pertaining to change in
party enrollment forms requires such forms to be received by the dead-
line. This has caused confusion for voters who mailed change of enroll-
ment forms prior to the deadline, only to find out their form was not
received in time when they attempted to vote in the next primary
election. There is also inconsistency among how County Boards of
Election apply the current law, with some Boards accepting forms based
on the postmarked date, and others strictly interpreting the law to
require receipt.

This bill would clarify that a change in enrollment must be postmarked
by the twenty-fifth day before the next general election, and received
by the twentieth day before the next general election. This is consist-
ent with the requirements for voter registration forms, and will ensure
statewide uniformity.

 
FISCAL IMPLICATIONS:

None.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.