Bill Text: NY A03557 | 2019-2020 | General Assembly | Introduced
Bill Title: Permits voter registration and party enrollment, and change of party enrollment within 10 days of a primary, general, or special election.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2020-01-08 - referred to election law [A03557 Detail]
Download: New_York-2019-A03557-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3557 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. CARROLL, BLAKE, COLTON, D'URSO, EPSTEIN, FAHY, MOSLEY, RICHARDSON, SEAWRIGHT -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law, in relation to registering to vote and 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: 1 Section 1. Subdivisions 3 and 4 of section 5-210 of the election law, 2 subdivision 3 as amended by chapter 255 of the laws of 2015 and subdivi- 3 sion 4 as amended by chapter 179 of the laws of 2005, are amended to 4 read as follows: 5 3. Completed application forms, when received by any board of 6 elections and, with respect to application forms promulgated by the 7 federal election commission, when received by the state board of 8 elections, or showing a dated cancellation mark of the United States 9 Postal Service or contained in an envelope showing such a dated cancel- 10 lation mark which is not later than the [twenty-fifth] tenth day before 11 the next ensuing primary, general or special election, and received no 12 later than the [twentieth] fifth day before such election, or delivered 13 in person to such board of elections not later than the tenth day before 14 a special election, shall entitle the applicant to vote in such 15 election, if he or she is otherwise qualified, provided, however, such 16 applicant shall not vote on a voting machine until his or her identity 17 is verified. Any board of elections receiving an application form from a 18 person who does not reside in its jurisdiction but who does reside else- 19 where in the state of New York, shall forthwith forward such application 20 form to the proper board of elections. Each board of elections shall 21 make an entry on each such form of the date it is received by such 22 board. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02080-01-9A. 3557 2 1 [4. Any qualified person who has been honorably discharged from the2military after the twenty-fifth day before a general election or who has3become a naturalized citizen after the twenty-fifth day before a general4election may personally register at the board of elections in the county5of his or her residence and vote in the general election held at least6ten days after such registration.] 7 § 2. Subdivisions 11 and 12 of section 5-211 of the election law, 8 subdivision 11 as amended by chapter 200 of the laws of 1996 and subdi- 9 vision 12 as added by chapter 659 of the laws of 1994, are amended to 10 read as follows: 11 11. The participating agency shall transmit the completed applications 12 for registration and change of address forms to the appropriate board of 13 elections not later than ten days after receipt except that all such 14 completed applications and forms received by the agency between the 15 thirtieth and [twenty-fifth] tenth day before an election shall be tran- 16 smitted in such manner and at such time as to assure their receipt by 17 such board of elections not later than the [twentieth] fifth day before 18 such election. 19 12. Completed application forms, when received by a participating 20 agency not later than the [twenty-fifth] tenth day before the next ensu- 21 ing primary, general or special election and transmitted by such agency 22 to the appropriate board of elections so that they are received by such 23 board not later than the [twentieth] fifth day before such election 24 shall entitle the applicant to vote in such election provided the board 25 determines that the applicant is otherwise qualified. 26 § 3. Subdivisions 6 and 7 of section 5-212 of the election law, subdi- 27 vision 6 as amended by chapter 200 of the laws of 1996 and subdivision 7 28 as added by chapter 659 of the laws of 1994, are amended to read as 29 follows: 30 6. The department of motor vehicles shall transmit that portion of the 31 form which constitutes the completed application for registration or 32 change of address form to the appropriate board of elections not later 33 than ten days after receipt except that all such completed applications 34 and forms received by the department between the thirtieth and [twenty-35fifth] tenth day before an election shall be transmitted in such manner 36 and at such time as to assure their receipt by such board of elections 37 not later than the [twentieth] fifth day before such election. All 38 transmittals shall include original signatures. 39 7. Completed application forms received by the department of motor 40 vehicles not later than the [twenty-fifth] tenth day before the next 41 ensuing primary, general or special election and transmitted by such 42 department to the appropriate board of elections so that they are 43 received not later than the [twentieth] fifth day before such election 44 shall entitle the applicant to vote in such election provided the board 45 determines that the applicant is otherwise qualified. 46 § 4. Subdivisions 2, 4 and 5 of section 5-302 of the election law, 47 subdivisions 2 and 5 as amended by chapter 164 of the laws of 1985 and 48 subdivision 4 as amended by chapter 91 of the laws of 1992, are amended 49 to read as follows: 50 2. If the application form is for a voter who has changed his or her 51 enrollment or a voter who has previously registered and not enrolled, 52 then the board of elections shall compare the information and the signa- 53 ture appearing on each application form received with that on the regis- 54 tration poll record of the applicant and if found to correspond in all 55 particulars shall[, not earlier than the Tuesday following the next56general election and not later than the thirtieth day preceding the lastA. 3557 3 1day for publishing enrollment lists, proceed in the manner specified in2subdivision one hereof to enter such enrollment on such voter's regis-3tration poll card] enroll such voter in the designated party and if the 4 change of enrollment is no later than the tenth day before the next 5 ensuing primary election for the selected party, such voter shall be 6 eligible to vote in the next primary election of the selected party. 7 4. Registration poll records of voters whose registrations are not 8 rejected by the board of elections shall forthwith be placed in the poll 9 ledger or such voters' names shall forthwith be entered in the computer 10 files from which the computer generated registration lists are prepared, 11 except that the registration poll record of an otherwise qualified voter 12 who registers after the [twenty-fifth] tenth day before a primary 13 election shall not be placed in such poll ledger or such voters' names 14 shall not appear on such a computer generated registration list until 15 after such primary and except further that the registration poll record 16 of a voter whose previous registration was cancelled pursuant to the 17 provisions of this chapter after the previous general election and who 18 registers pursuant to the provisions of this chapter after such cancel- 19 lation shall not be placed in such poll ledger or such voters' names 20 shall not appear on such a computer generated registration list until 21 after the fall primary election, unless such voter has enrolled with the 22 same party as the enrollment on the registration which was so cancelled. 23 5. During the period preceding the ensuing primary election, the board 24 of elections shall maintain as a public record a list of all enrollments 25 entered, transferred or corrected, and not contained in the last 26 published enrollment list. Such supplemental enrollment list shall 27 contain the same information and shall be distributed in the same manner 28 as the original enrollment list not later than the [fifteenth] fifth day 29 before the primary election. 30 § 5. Subdivision 3 of section 5-304 of the election law is REPEALED. 31 § 6. Subdivision 5 of section 10-106 of the election law, as amended 32 by chapter 290 of the laws of 1991, is amended to read as follows: 33 5. The state board of elections shall forward to the appropriate board 34 of elections all applications for military ballots received by it. An 35 application from a military voter not previously registered must be 36 received by the appropriate board of elections not later than ten days 37 before a general or special election or [twenty-five] ten days before a 38 primary election in order to entitle the applicant to vote at such 39 election. An application from a military voter who is already registered 40 must be received at least seven days before an election in order to 41 entitle the applicant to vote at such election; except that an applica- 42 tion from such a military voter who delivers his or her application to 43 the board of elections in person, must be received not later than the 44 day before the election. 45 § 7. Subdivision 2 of section 11-200 of the election law, as amended 46 by chapter 473 of the laws of 1992, is amended to read as follows: 47 2. Every person registered pursuant to this title shall continue to be 48 eligible to vote in all elections in which special federal voters are 49 eligible to vote except that in order to vote at a primary election of a 50 party, a voter registered pursuant to this title must have been so 51 registered and enrolled in such party [before the previous general52election; or, if such voter was not registered in New York state for the53previous general election, such voter must so register and enroll in54such party] not later than [twenty-five] ten days before such primary[;55or, if such voter was registered in New York state for the last general56election, such voter must have had the same party enrollment with suchA. 3557 4 1registration as such voter sets forth on his application for registra-2tion and enrollment as a special federal voter]. 3 § 8. Paragraph a of subdivision 1 of section 11-202 of the election 4 law, as amended by chapter 262 of the laws of 2003, is amended to read 5 as follows: 6 a. A person, who, pursuant to this title, is qualified to vote as a 7 special federal voter may, by application received by the state board of 8 elections or any local board of elections on or before the [twenty-9fifth] tenth day next preceding any election in which such person would 10 be entitled to vote or the last day of local registration for such 11 election, whichever is later, apply to the board of elections of the 12 county in which he resided in person or by personal application by mail 13 for registration and enrollment as a special federal voter. An applica- 14 tion for registration and enrollment pursuant to this article shall be 15 treated as an application for a special federal ballot for every 16 election in which the applicant would be eligible to vote which is held 17 through and including the next two regularly scheduled general elections 18 held in even numbered years, including any run-offs which may occur. 19 § 9. This act shall take effect immediately.
