Legislation
SECTION 5-306
Enrollment; correction of
Election (ELN) CHAPTER 17, ARTICLE 5, TITLE 3
§ 5-306. Enrollment; correction of. 1. If, after being regularly
registered in an election district, a voter discovers he has made a
mistake when enrolling, he may within one year from the date of his last
registration apply to the board of elections of the county or city in
which he resides for a correction of the mistake made by him when
marking his enrollment blank, by filing his affidavit setting forth
substantially as follows: how he is enrolled, and the town or city,
election district, and when required, the ward or assembly district, in
which he is registered, the street address, if any, from which he was
registered, a statement, in substance, that his current enrollment blank
was not marked correctly and that he did not intend to be so enrolled;
the name of the party with which he did intend to enroll and which he
desires to be entered on the registration records; a statement that he
has been duly and regularly enrolled with the party whose name he
desires entered on his registration records for at least five years
immediately preceding the registration at which such mistake occurred or
that he was not registered for all or part of such five year period; the
county or counties and the addresses at which he resided when he was so
enrolled; that he is in general sympathy with the principles of the
party with which he requests to be enrolled and intends to support
generally its nominees at the next general election, and a statement
that he has not enrolled in any party or participated in any primary
election or convention of any party during the past five years, other
than the one with which he requests to be enrolled.
2. If the applicant's certificate or, the registration records in the
office of such board show the applicant to have been registered during
such five year period elsewhere in the state of New York the board shall
require the applicant to produce a certified transcript of his
enrollment, if any, in such other jurisdiction within the state
accompanied with proof, by affidavit, showing his identity with the
person whose name appears in such transcript. If the records of any
board of elections within the state show the applicant to have been
enrolled during such five year period in any party other than the one
with which he requests to be enrolled, or to have been registered but
not enrolled, the application for correction of enrollment shall be
denied.
3. A voter may correct their enrollment pursuant hereto on any of the
days the board is open for registration. A correction made during the
nine-day period preceding a primary election shall not be effective for
such election.
4. Where such application for correction of enrollment is approved,
the board of elections shall enter the date of filing of the voter's
affidavit along with the new party of enrollment in the spaces provided
for entering enrollments on the back of his registration poll record or
in the computer file from which the computer generated registration
lists are prepared and the words "Enrollment Corrected" shall be entered
in the remarks space therein. If requested by any member of the board,
the correction of enrollment of any voter, or group of voters, must be
approved 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 corrections of enrollment. Such lists shall be preserved in the
same manner, and for the same time, as such registration poll records.
The board shall file such affidavit in a file specially maintained for
that purpose.
registered in an election district, a voter discovers he has made a
mistake when enrolling, he may within one year from the date of his last
registration apply to the board of elections of the county or city in
which he resides for a correction of the mistake made by him when
marking his enrollment blank, by filing his affidavit setting forth
substantially as follows: how he is enrolled, and the town or city,
election district, and when required, the ward or assembly district, in
which he is registered, the street address, if any, from which he was
registered, a statement, in substance, that his current enrollment blank
was not marked correctly and that he did not intend to be so enrolled;
the name of the party with which he did intend to enroll and which he
desires to be entered on the registration records; a statement that he
has been duly and regularly enrolled with the party whose name he
desires entered on his registration records for at least five years
immediately preceding the registration at which such mistake occurred or
that he was not registered for all or part of such five year period; the
county or counties and the addresses at which he resided when he was so
enrolled; that he is in general sympathy with the principles of the
party with which he requests to be enrolled and intends to support
generally its nominees at the next general election, and a statement
that he has not enrolled in any party or participated in any primary
election or convention of any party during the past five years, other
than the one with which he requests to be enrolled.
2. If the applicant's certificate or, the registration records in the
office of such board show the applicant to have been registered during
such five year period elsewhere in the state of New York the board shall
require the applicant to produce a certified transcript of his
enrollment, if any, in such other jurisdiction within the state
accompanied with proof, by affidavit, showing his identity with the
person whose name appears in such transcript. If the records of any
board of elections within the state show the applicant to have been
enrolled during such five year period in any party other than the one
with which he requests to be enrolled, or to have been registered but
not enrolled, the application for correction of enrollment shall be
denied.
3. A voter may correct their enrollment pursuant hereto on any of the
days the board is open for registration. A correction made during the
nine-day period preceding a primary election shall not be effective for
such election.
4. Where such application for correction of enrollment is approved,
the board of elections shall enter the date of filing of the voter's
affidavit along with the new party of enrollment in the spaces provided
for entering enrollments on the back of his registration poll record or
in the computer file from which the computer generated registration
lists are prepared and the words "Enrollment Corrected" shall be entered
in the remarks space therein. If requested by any member of the board,
the correction of enrollment of any voter, or group of voters, must be
approved 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 corrections of enrollment. Such lists shall be preserved in the
same manner, and for the same time, as such registration poll records.
The board shall file such affidavit in a file specially maintained for
that purpose.