S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    673
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to enrolling  in  a  party
   within  10  days  of  a  primary,  general or special election; and to
   repeal subdivision 3 of section 5-304 of  the  election  law  relating
   thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 4 and 5 of section 5-302  of  the  election
 law,  subdivisions 2 and 5 as amended by chapter 164 of the laws of 1985
 and subdivision 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 OR HER
 enrollment or a voter who has previously registered  and  not  enrolled,
 then the board of elections shall compare the information and the signa-
 ture appearing on each application form received with that on the regis-
 tration  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 thirtieth 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  regis-
 tration  poll card] ENROLL SUCH VOTER IN THE DESIGNATED PARTY AND IF THE
 CHANGE OF ENROLLMENT IS NO LATER THAN THE  TENTH  DAY  BEFORE  THE  NEXT
 ENSUING  PRIMARY  ELECTION  FOR  THE SELECTED PARTY, SUCH VOTER SHALL BE
 ELIGIBLE TO VOTE IN THE NEXT PRIMARY ELECTION OF THE SELECTED PARTY.
   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]  TENTH  day  before  a  primary
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00146-01-3
              

 A. 673                              2
 
 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 chapter after the previous general election  and  who
 registers  pursuant to the provisions of this chapter after such cancel-
 lation shall not be placed in such poll ledger  or  such  voters'  names
 shall  not  appear  on such a computer generated registration list until
 after the fall primary election, unless such voter has enrolled with the
 same party as the enrollment on the registration which was so cancelled.
   5. During the period preceding the ensuing primary election, the board
 of elections shall maintain as a public record a list of all enrollments
 entered, transferred  or  corrected,  and  not  contained  in  the  last
 published  enrollment  list.  Such  supplemental  enrollment  list shall
 contain the same information and shall be distributed in the same manner
 as the original enrollment list not later than the [fifteenth] FIFTH day
 before the primary election.
   § 2. Subdivision 3 of section 5-304 of the election law is REPEALED.
   § 3. Subdivision 2 of section 11-200 of the election law,  as  amended
 by chapter 473 of the laws of 1992, is amended to read as follows:
   2. Every person registered pursuant to this title shall continue to be
 eligible  to  vote  in all elections in which special federal voters are
 eligible to vote except that in order to vote at a primary election of a
 party, a voter registered pursuant to  this  title  must  have  been  so
 registered  [and  enrolled]  in  such  party before the previous general
 election; or, if such voter was not registered in New York state for the
 previous general election, such voter must so register  [and  enroll  in
 such party] not later than twenty-five days before such primary; [or, if
 such  voter  was  registered  in  New  York  state  for the last general
 election, such voter must have had the same party enrollment  with  such
 registration  as  such voter sets forth on his application for registra-
 tion and enrollment as a special federal voter] AND/OR  ENROLL  IN  SUCH
 PARTY NOT LATER THAN TEN DAYS BEFORE SUCH PRIMARY.
   § 4. This act shall take effect immediately.