S. 1327 2
form. Application forms sent outside of the United States to a country
other than Canada or Mexico, shall be sent airmail. Each county board of
elections shall also cause such application forms to be as widely and
freely distributed as possible.
(b) The board of elections shall mail an application for registration
by mail and information on how the person may re-register to each person
for whom it receives notice pursuant to the provisions of subdivision
four of section 5-402 of this article that such person has moved into
such city or county unless such person is already registered from the
address listed in such notice.
3. Completed application forms, when received by any board of
elections and, with respect to application forms promulgated by the
federal election commission, when received by the state board of
elections, or showing a dated cancellation mark of the United States
Postal Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the fifteenth day before the next
ensuing primary, general or special election, and received no later than
the tenth day before such election, or delivered in person to such board
of elections not later than the tenth day before such election, shall
entitle the applicant to vote in such election AND TO HAVE THE APPLI-
CANT'S VOTE CANVASSED IN ACCORDANCE WITH THIS CHAPTER, if [he or she]
THE APPLICANT is otherwise qualified, provided, however, such applicant
shall not vote on a voting machine until [his or her] THEIR identity is
verified. Any board of elections receiving an application form from a
person who does not reside in its jurisdiction but who does reside else-
where in the state of New York, shall [forthwith] ELECTRONICALLY forward
such application form to the proper board of elections ON THE SAME DAY
IT IS RECEIVED. Each board of elections shall make an entry on each
such form of the date it is received by such board.
4. Any qualified person who has been honorably discharged from the
military after the twenty-fifth day before a general election, or who
has a qualifying condition, as defined in section three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from the military after the twenty-fifth day before a
general election, or who is a discharged LGBT veteran, as defined in
section three hundred fifty of the executive law, and has received a
discharge other than bad conduct or dishonorable from the military after
the twenty-fifth day before a general election, or who has become a
naturalized citizen after the twenty-fifth day before a general election
may personally register at the board of elections in the county of [his
or her] THEIR residence and vote in the general election held at least
ten days after such registration.
5. Statewide application forms shall be designed by the state board of
elections, which shall conform to the requirements for the national
voter registration form in the rules and regulations promulgated by the
federal election commission and the federal Help America Vote Act, and
shall elicit the information required for the registration poll record.
The form shall include such other information as the state board of
elections may reasonably require to enable the board of elections to
assess the eligibility of the applicant and to administer voter regis-
tration and other parts of the election process and shall also include
the following information:
(a) Notice that those voters currently registered do not need to
reregister unless they have moved outside of the city or county in which
they were registered.
S. 1327 3
(b) Instructions on how to fill out and submit the form and that the
form must be received by any county board of elections at least [twen-
ty-five] TEN days prior to the election at which the applicant may vote,
AND IF MAILED, MUST BE POSTMARKED AT LEAST FIFTEEN DAYS PRIOR TO THE
ELECTION AT WHICH THE APPLICANT MAY VOTE.
(c) Notice that registration and enrollment is not complete until the
form is received by the appropriate county board of elections.
(d) Notice of a voter's right to register locally.
(e) A warning that it is a crime to procure a false registration or to
furnish false information to the board of elections.
(f) Notice that political party enrollment is optional but that, in
order to vote in a primary election of a political party, a voter must
enroll in that political party, unless state party rules allow other-
wise.
(g) Notice that the applicant must be a citizen of the United States,
is at least sixteen years old when [he or she submits] THEY SUBMIT an
application to register to vote which will be effective for elections
occurring on or after the applicant turns eighteen years of age and a
resident of the county or city to which application is made.
(h) Notice that a voter notification form will be mailed to each
applicant whose completed form is received.
(i) The telephone number of the county board of elections and a toll
free number at the state board of elections that can be called for
answers to registration questions.
(j) A space for the applicant to indicate whether or not the voter is
willing to serve on election day for a board of elections as an election
inspector, poll clerk, interpreter or in other capacities.
(k) The form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
mailing:
(i) A space for the applicant to indicate whether or not [he or she
has] THEY HAVE ever voted or registered to vote before and, if so, the
approximate year in which such applicant last voted or registered and
[his or her] THEIR name and address at the time.
(ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
(iii) A space for the furnishing of an e-mail address, the furnishing
of which shall be optional, together with a notice stating that if an
e-mail address is furnished, all notices and communications otherwise
required to be sent by the state board of elections to the voter by
postal mail shall be sent by e-mail in addition to postal mail. County
boards of elections and the board of elections of the city of New York
shall have the option of sending notices and communications otherwise
required to be sent to the voter by postal mail by e-mail in addition to
postal mail if the voter furnishes an email address.
(iv) The date of birth of the applicant.
(v) A space for the applicant to indicate [his or her] THEIR driver's
license or department of motor vehicles non-driver photo ID number or
the last four digits of [his or her] THEIR social security number or, if
the applicant does not have either such number, a space for the appli-
cant to indicate [he or she does] THEY DO not have either.
(vi) A space for the applicant to indicate whether or not [he or she
is] THEY ARE a citizen of the United States and the statement "If you
checked "no" in response to this question, do not complete this form."
(vii) A space for the applicant to answer the question "Will you be 18
years of age on or before election day?" and the statement "If you
S. 1327 4
checked "no" in response to this question, do not complete this form
unless you will be 18 by the end of the year."
(viii) A statement informing the applicant that if the form is submit-
ted by mail and the applicant is registering for the first time, certain
information or documents must be submitted with the mail-in registration
form in order to avoid additional identification requirements upon
voting for the first time. Such information and documents are:
(A) a driver's license or department of motor vehicles non-driver
photo ID number; or
(B) the last four digits of the individual's social security number;
or
(C) a copy of a current and valid photo identification; or
(D) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.
(ix) The gender of the applicant (optional).
(x) A space for the applicant to indicate [his or her] THEIR choice of
party enrollment, with a clear alternative provided for the applicant to
decline to affiliate with any party.
(xi) The telephone number of the applicant (optional).
(xii) A place for the applicant to execute the form on a line which is
clearly labeled "signature of applicant" preceded by the following
specific form of affirmation:
AFFIDAVIT: I swear or affirm that:
* I am a citizen of the United States.
* I will have lived in the county, city, or village for at least 30
days before the election.
* I meet all the requirements to register to vote in New York
State.
* This is my signature or mark on the line below.
* All the information contained on this application is true. I
understand that if it is not true I can be convicted and fined up
to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
(xiii) A space for the applicant to register in the New York state
donate life registry for organ and tissue donations established pursuant
to section forty-three hundred ten of the public health law.
(l) The mail voter registration application form developed by the
federal election commission pursuant to the provisions of section nine
of the National Voter Registration Act of 1993 42 USC 1973gg-7 shall be
deemed to meet the requirements of this section. Any application for
registration received on such an application form shall be accepted if
the applicant is otherwise eligible to register to vote pursuant to the
provisions of this article. A voter whose registration is accepted
pursuant to the provisions of this paragraph shall be permitted to
furnish an e-mail address to the board of elections, which furnishing
shall carry the same notice and have the same effect as provided by
subparagraph (iii) of paragraph (k) of this subdivision.
(m) The form of affidavit prescribed by the state board of elections
for requests for affidavit ballot pursuant to subdivision three of
section 8-302 of this chapter shall be deemed to meet the requirements
of this section. Any application for registration received on the form
of affidavit shall be accepted if the applicant is otherwise eligible to
register to vote pursuant to the provisions of this article, however the
S. 1327 5
failure to complete the voter registration application appearing on such
affidavit envelope shall not otherwise invalidate the affidavit ballot.
6. A person who willfully makes a material false statement in any
application for registration and enrollment and/or transfer of registra-
tion and enrollment or special enrollment by mail, or who knowingly
makes a false affirmation, or who offers or attempts to offer any appli-
cation for registration and enrollment or transfer of registration and
enrollment or special enrollment knowing that the applicant is not qual-
ified to register or enroll, or transfer [his or her] THEIR registration
and enrollment or to specially enroll, shall be guilty of a class E
felony.
7. Each county board of elections shall deliver a sufficient number of
such uniform statewide application forms to each local post office with-
in its county and keep such post office so supplied, with the request
that the postmaster thereof make them available to the public for its
use in participating in the electoral process.
8. Upon its receipt by the county board of elections, each application
form shall be reviewed and examined by such board. If the application
shall contain substantially all the required information indicating that
the applicant is legally qualified to register and/or enroll as stated
in [his or her] THEIR application, the county board of elections shall
transfer all information on such application to the appropriate regis-
tration records. If requested by any member of the board, the applica-
tion form of any voter, or group of voters, must be reviewed and exam-
ined by two such board members or two employees of the board
representing different political parties. Such members or employees
shall place their initials or other identifying information on the
registration poll record of such voter or on a computer generated list
of such registrations. Such lists shall be preserved in the same manner,
and for the same time, as such registration poll records. If the appli-
cation indicates that the voter does not have a driver's license or
department of motor vehicles non-driver photo ID number or a social
security number, the state board of elections shall, upon the trans-
mission of voter information to the statewide voter registration list as
required by section 5-614 of this article, assign such voter a unique
identifier.
9. The county board of elections shall, [promptly] AS SOON AS PRACTI-
CABLE and in any event, not later than [twenty-one] SEVEN days after
receipt by it of the application, verify the identity of the applicant.
In order to do so, the county board of elections shall utilize the
information provided in the application and shall attempt to verify such
information with the information provided by the department of motor
vehicles, social security administration and any other lawful available
information source. If the county board of elections is unable to verify
the identity of the applicant within [twenty-one] SEVEN days of the
receipt of the application, it shall immediately take steps to confirm
that the information provided by the applicant was accurately utilized
by such county board of elections, was accurately verified with other
information sources and that no data entry error, or other similar type
of error, occurred. Following completion of the preceding steps, the
county board of elections shall mail (a) a notice of its approval, (b) a
notice of its approval which includes an indication that such board has
not yet been able to verify the identity of the applicant and a request
for more information so that such verification may be completed, or (c)
a notice of its rejection of the application to the applicant in a form
approved by the state board of elections. Notices of approval, notices
S. 1327 6
of approval with requests for more information or notices of rejection
shall be sent by nonforwardable first class or return postage guaranteed
mail on which is endorsed such language designated by the state board of
elections to ensure postal authorities do not forward such mail but
return it to the board of elections with forwarding information, when it
cannot be delivered as addressed and which contains a request that any
such mail received for persons not residing at the address be dropped
back in the mail. The voter's registration and enrollment shall be
complete upon receipt of the application by the appropriate county board
of elections. The failure of a county board of elections to verify an
applicant's identity shall not be the basis for the rejection of a
voter's application, provided, however, that such verification failure
shall be the basis for requiring county board of elections to take the
additional verification steps provided by this chapter. The notice shall
also advise the registrant of the date when [his] THEIR registration and
enrollment is effective, of the date and the hours of the next regularly
scheduled primary or general election in which [he] SUCH REGISTRANT will
be eligible to vote, of the location of the polling place of the
election district in which [he] SUCH REGISTRANT is or will be a quali-
fied voter, whether such polling place is accessible to physically hand-
icapped voters, an indication that physically handicapped voters or
voters who are ill or voters who will be out of the city or county on
the day of the primary or general election, may obtain an absentee
ballot and the phone number to call for absentee ballot applications,
the phone numbers to call for location of polling places, to obtain
registration forms and the phone number to call to indicate that the
voter is willing to serve on election day as an inspector, poll clerk or
interpreter. The notice of approval, notice of approval with request for
more information or notice of rejection shall also advise the applicant
to notify the board of elections if there is any inaccuracy. The form of
such mail notification shall be prescribed by the state board of
elections and shall contain such other information and instructions as
it may reasonably require to carry out the purposes of this section. The
request for more information shall inform the voter that "THE FAILURE TO
CONTACT THE BOARD OF ELECTIONS AND CORRECT ANY INACCURACIES IN THE
APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A
REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO CAST A VOTE ON A
VOTING MACHINE." If such notice is returned undelivered without a new
address, the board shall forthwith send such applicant a confirmation
notice pursuant to the provisions of section 5-712 of this article and
place such applicant in inactive status. The state board of elections
shall prepare uniform notices by this section as provided for in subdi-
vision eight of section 3-102 of this chapter.
10. If the board of elections has been unable to verify the identity
of the applicant within forty-five days of the application, the board
shall mail a second request for more information to the applicant. This
notice shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF
ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE
REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If the
board of elections remains unable to verify the identity of the voter it
shall so indicate with a notation next to the voter's name in the regis-
tration list. Such a voter may provide information to assist the county
board to verify [his or her] THEIR identity at any time and such nota-
tion shall be removed by the board of elections upon such verification.
S. 1327 7
11. If the county board of elections suspects or believes that for any
reason the applicant is not entitled to registration and enrollment, it
shall make inquiry in reference thereto. If the board of elections shall
find that the applicant is not qualified to register and enroll, the
application shall be rejected and the applicant notified of such
rejection and the reason therefor, no later than [ten] SEVEN days before
the day of the first primary or general election occurring at least
[twenty-five] TEN days after the filing of the application.
12. Whenever the county board of elections is not satisfied from an
examination of an application for registration and enrollment, or after
its initial inquiry, that the applicant is entitled to such registration
or enrollment, it may order an investigation through any officer or
employee of the state or county board of elections, police officer,
sheriff or deputy sheriff.
13. An affidavit or a signed statement by any officer or employee of
the state or county board of elections or any police officer, sheriff or
deputy sheriff, that such person visited the premises claimed by the
applicant as [his or her] THEIR residence and interrogated an incarcer-
ated individual, house-dweller, keeper, caretaker, owner, proprietor or
landlord thereof or therein as to such applicant's residence therein or
thereat, and that [he or she was] THEY WERE informed by one or more such
persons, naming them, that they knew the persons residing upon such
premises and that the applicant did not reside upon such premises as set
forth in [his or her] THEIR application, shall be sufficient authority
for a determination by the board that the applicant is not entitled to
registration or enrollment; but this provision shall not preclude the
board from making such other determination, as the result of other
inquiry, as it may deem appropriate.
14. Notwithstanding the entry by the county board of elections on the
registration poll record of the information contained on an application
form prescribed by this section, such entry shall not preclude the coun-
ty board of elections from subsequently rejecting the application if it
is not satisfied that the applicant is entitled to register and enroll
as provided by this section, provided that the applicant is notified of
such rejection and reasons therefor no later than [ten] SEVEN days
before the day of the first primary or general election occurring at
least [twenty-five] TEN days after the filing of such application form.
15. a. The county board of elections shall keep a record of applica-
tions for registration as they are received and at least once each
month, shall, upon request of the chairman of a political party in the
county, give such chairman a complete list of the persons whose applica-
tions were approved together with their addresses and telephone numbers,
and their election and assembly districts or wards, if any.
b. Not more than four times a year, on dates determined by the state
board of elections, the county board of elections shall send to the
chairman of each political party in the county a complete list of the
persons whose applications were approved together with their addresses,
their election and assembly districts or wards, if any, their party
enrollments and an indication of whether such persons are eligible to
vote in the primary elections to be held in that calendar year. Not more
than twice a year, in even numbered years, on dates determined by the
state board of elections, the county board of elections shall send a
copy of such list to the state board of elections. In counties of over
one hundred thousand population, each such list shall be, and in other
counties each such list may be, cumulative and include the names of all
such persons whose names do not appear in the annual enrollment lists
S. 1327 8
last published by such board of elections, together with an indication
of which such names did not appear on the previous list. Such lists may
also include the names of those persons whose names do appear in the
annual enrollment lists. Such lists shall be arranged in the same manner
as the annual enrollment lists. Additional copies of such lists shall be
available to the public at a charge not exceeding the cost of publica-
tion or reproduction.
§ 3. Subdivisions 11 and 12 of section 5-211 of the election law,
subdivision 11 as amended by chapter 200 of the laws of 1996 and subdi-
vision 12 as added by chapter 659 of the laws of 1994, are amended to
read as follows:
11. The participating agency shall transmit the completed applications
for registration and change of address forms to the appropriate board of
elections not later than ten days after receipt except that all such
completed applications and forms received by the agency [between] AFTER
the [thirtieth] TWENTIETH DAY PRIOR TO AN ELECTION and [twenty-fifth] BY
THE TWELFTH day before [an] SUCH election shall be transmitted in such
manner and at such time as to assure their receipt by such board of
elections AS SOON AS PRACTICABLE AND not later than the [twentieth]
TENTH day before such election.
12. Completed application forms, when received by a participating
agency not later than the [twenty-fifth] TWELFTH day before the next
ensuing primary, general or special election and transmitted by such
agency to the appropriate board of elections so that they are received
by such board not later than the [twentieth] TENTH day before such
election shall entitle the applicant to vote in such election provided
the board determines that the applicant is otherwise qualified.
§ 4. Subdivisions 6 and 7 of section 5-212 of the election law, subdi-
vision 6 as amended by chapter 200 of the laws of 1996 and subdivision 7
as added by chapter 659 of the laws of 1994, are amended to read as
follows:
6. The department of motor vehicles shall transmit that portion of the
form which constitutes the completed application for registration or
change of address form to the appropriate board of elections not later
than ten days after receipt except that all such completed applications
and forms received by the department [between] AFTER the [thirtieth]
TWENTIETH DAY PRIOR TO AN ELECTION and [twenty-fifth] BY THE TWELFTH day
before [an] SUCH election shall be transmitted in such manner and at
such time as to assure their receipt by such board of elections AS SOON
AS PRACTICABLE AND not later than the [twentieth] TENTH day before such
election. All transmittals shall include original signatures.
7. Completed application forms received by the department of motor
vehicles not later than the [twenty-fifth] TWELFTH day before the next
ensuing primary, general or special election and transmitted by such
department to the appropriate board of elections so that they are
received not later than the [twentieth] TENTH day before such election
shall entitle the applicant to vote in such election provided the board
determines that the applicant is otherwise qualified.
§ 5. Subdivision 3 of section 5-213 of the election law, as amended by
chapter 200 of the laws of 1996, is amended to read as follows:
3. The board of elections shall restore the registration of any such
voter to active status if such voter notifies the board of elections
that [he resides] THEY RESIDE at the address from which [he is] THEY ARE
registered, or the board finds that such voter has validly signed a
designating or nominating petition which states that [he resides] THEY
RESIDE at such address, or if such voter casts a ballot in an affidavit
S. 1327 9
envelope which states that [he resides] THEY RESIDE at such address, or
if the board receives notice that such voter has voted in an election
conducted with registration lists prepared pursuant to the provisions of
section 5-612 of this article. If any such notification or information
is received [twenty] TEN days or more before a primary, special or
general election, the voter's name must be restored to active status for
such election.
§ 6. Subdivisions 4 and 5 of section 5-302 of the election law, subdi-
vision 4 as amended by chapter 91 of the laws of 1992 and subdivision 5
as amended by chapter 164 of the laws of 1985, are amended to read as
follows:
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
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.
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.
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] TENTH day
before the primary election.
§ 7. Subdivision 3 of section 5-306 of the election law, as amended by
chapter 90 of the laws of 1991, is amended to read as follows:
3. A voter may correct [his] THEIR enrollment pursuant hereto on any
of the days the board is open for registration. A correction made during
the [twenty-five-day] NINE-DAY period preceding a primary election shall
not be effective for such election.
§ 8. Subdivision 4 of section 5-308 of the election law, as amended by
chapter 37 of the laws of 2021, is amended to read as follows:
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-
S. 1327 10
five] TEN days before that primary pursuant to title nine of this arti-
cle and such voter is otherwise qualified to vote in such election.
§ 9. Subdivision 1 of section 5-602 of the election law, as amended by
chapter 659 of the laws of 1994, is amended to read as follows:
1. After the last day of local registration and before the [sixth]
FIFTH day before the next ensuing general election in each year, the
board of elections shall cause to be published a complete list of names
and residence addresses of the registered voters for each election
district over which the board has jurisdiction. The names for each
election district may be arranged according to street and number or
alphabetically. Each list shall be prepared in such a manner as to
indicate the registrants whose names did not appear on the list of
registered voters last published pursuant to the provisions of this
section and the registrants who are in inactive status. The board of
elections, in its discretion, may publish the names of the registrants
in inactive status as a separate list. In lieu of publishing such a
registration list, such board of elections may publish a complete list
of the names and residence addresses of all registered voters whose
names do not appear in the annual enrollment lists published in such
year by such board, in the same form as such enrollment lists, and a
list of the registered voters whose names appear in such annual enroll-
ment lists but who have been placed in inactive status or whose regis-
trations have been cancelled since the publication of such annual
enrollment lists. Lists for all election districts in a ward or assembly
district may be bound together in one volume.
§ 10. Subparagraph (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by section 8 of part XX of chapter
55 of the laws of 2019, is amended to read as follows:
(ii) [He or she] THEY may swear to and subscribe an affidavit stating
that [he or she has] THEY HAVE duly registered to vote, the address in
such election district from which [he or she] THEY registered, that [he
or she remains] THEY REMAIN a duly qualified voter in such election
district, that [his or her] THEIR registration poll record appears to be
lost or misplaced or that [his or her] THEIR name and/or [his or her]
THEIR signature was omitted from the computer generated registration
list or such record indicates the voter already voted when [he or she]
THEY did not do so or that [he or she has] THEY HAVE moved within New
York state since [he or she] THEY last registered, the address from
which [he or she was] THEY WERE previously registered and the address at
which [he or she] THEY currently [resides] RESIDE, and at a primary
election, the party in which [he or she is] THEY ARE enrolled. The
inspectors of election shall offer such an affidavit to each such voter
whose residence address is in such election district. Each such affida-
vit shall be in a form prescribed by the state board of elections, shall
be printed on an envelope of the size and quality used for an absentee
ballot envelope, and shall contain an acknowledgment that the affiant
understands that any false statement made therein is perjury punishable
according to law. Such form prescribed by the state board of elections
shall request information required to register such voter should the
county board determine that such voter is not YET registered and shall
constitute an application to register to vote. The voter's name and the
entries required shall then be entered without delay and without further
inquiry in the fourth section of the challenge report or in the place
provided in the computer generated registration list, with the notation
that the voter has executed the affidavit hereinabove prescribed, or, if
such person's name appears in such registration list, the board of
S. 1327 11
elections may provide a place to make such entry next to [his or her]
THEIR name in such list. The voter shall then, without further inquiry,
be permitted to vote an affidavit ballot provided for by this chapter.
Such ballot shall thereupon be placed in the envelope containing [his or
her] THEIR affidavit, and the envelope sealed and returned to the board
of elections in the manner provided by this chapter for protested offi-
cial ballots, including a statement of the number of such ballots.
§ 11. Paragraph (h) of subdivision 7 of section 9-209 of the election
law, as added by chapter 763 of the laws of 2021, is amended to read as
follows:
(h) If the central board of canvassers finds that the voter registered
or pre-registered to vote for the first time pursuant to title nine of
article five of this chapter at least [twenty-five] TEN days before a
primary, appeared at such primary election, and indicated on the affida-
vit ballot envelope the intent to enroll in such party, the affidavit
ballot shall be cast and canvassed if the voter is otherwise qualified
to vote in such election.
§ 12. Subdivision 5 of section 10-106 of the election law, as amended
by chapter 290 of the laws of 1991, is amended to read as follows:
5. The state board of elections shall forward to the appropriate board
of elections all applications for military ballots received by it. An
application from a military voter not previously registered must be
received by the appropriate board of elections not later than ten days
before a general, PRIMARY, or special election [or twenty-five days
before a primary election] in order to entitle the applicant to vote at
such election. An application from a military voter who is already
registered must be received at least seven days before an election in
order to entitle the applicant to vote at such election; except that an
application from such a military voter who delivers [his] THEIR applica-
tion to the board of elections in person, must be received not later
than the day before the election.
§ 13. 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] TEN 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] THEIR application for
registration and enrollment as a special federal voter.
§ 14. Paragraph a of subdivision 1 of section 11-202 of the election
law, as amended by chapter 262 of the laws of 2003, is amended to read
as follows:
a. A person, who, pursuant to this title, is qualified to vote as a
special federal voter may, by application received by the state board of
elections or any local board of elections on or before the [twenty-
fifth] TENTH day next preceding any election in which such person would
be entitled to vote or the last day of local registration for such
election, whichever is later, apply to the board of elections of the
county in which [he resided] THEY RESIDED in person or by personal
application by mail for registration and enrollment as a special federal
S. 1327 12
voter. An application for registration and enrollment pursuant to this
article shall be treated as an application for a special federal ballot
for every election in which the applicant would be eligible to vote
which is held through and including the next two regularly scheduled
general elections held in even numbered years, including any run-offs
which may occur.
§ 15. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 amending the election law relat-
ing to voter registration, as proposed in legislative bills numbers S.
2951-A and A. 8858-A, takes effect; provided, however, that:
(a) section eight of this act shall take effect on the same date and
in the same manner as section 2 of chapter 37 of the laws of 2021, takes
effect; and
(b) section eleven of this act shall take effect on the same date and
in the same manner as section 1 of chapter 763 of the laws of 2021,
takes effect.
