Bill Text: NY A07085 | 2019-2020 | General Assembly | Introduced


Bill Title: Permits voter registration within 10 days of a primary, general, or special election.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-05 - referred to election law [A07085 Detail]

Download: New_York-2019-A07085-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7085
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 5, 2019
                                       ___________
        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  registering  to  vote
          within 10 days of a primary, general or special election
          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.
    23    [4.  Any  qualified  person who has been honorably discharged from the
    24  military after the twenty-fifth day before a general election or who has
    25  become a naturalized citizen after the twenty-fifth day before a general

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08576-01-9

        A. 7085                             2

     1  election may personally register at the board of elections in the county
     2  of his or her residence and vote in the general election held  at  least
     3  ten days after such registration.]
     4    §  2.  Subdivisions  11  and  12 of section 5-211 of the election law,
     5  subdivision 11 as amended by chapter 200 of the laws of 1996 and  subdi-
     6  vision  12  as  added by chapter 659 of the laws of 1994, are amended to
     7  read as follows:
     8    11. The participating agency shall transmit the completed applications
     9  for registration and change of address forms to the appropriate board of
    10  elections not later than ten days after receipt  except  that  all  such
    11  completed  applications  and  forms  received  by the agency between the
    12  thirtieth and [twenty-fifth] tenth day before an election shall be tran-
    13  smitted in such manner and at such time as to assure  their  receipt  by
    14  such  board of elections not later than the [twentieth] fifth day before
    15  such election.
    16    12. Completed application forms,  when  received  by  a  participating
    17  agency not later than the [twenty-fifth] tenth day before the next ensu-
    18  ing  primary, general or special election and transmitted by such agency
    19  to the appropriate board of elections so that they are received by  such
    20  board  not  later  than  the  [twentieth] fifth day before such election
    21  shall entitle the applicant to vote in such election provided the  board
    22  determines that the applicant is otherwise qualified.
    23    § 3. Subdivisions 6 and 7 of section 5-212 of the election law, subdi-
    24  vision 6 as amended by chapter 200 of the laws of 1996 and subdivision 7
    25  as  added  by  chapter  659  of the laws of 1994, are amended to read as
    26  follows:
    27    6. The department of motor vehicles shall transmit that portion of the
    28  form which constitutes the completed  application  for  registration  or
    29  change  of  address form to the appropriate board of elections not later
    30  than ten days after receipt except that all such completed  applications
    31  and  forms received by the department between the thirtieth and [twenty-
    32  fifth] tenth day before an election shall be transmitted in such  manner
    33  and  at  such time as to assure their receipt by such board of elections
    34  not later than the [twentieth] fifth day  before  such  election.    All
    35  transmittals shall include original signatures.
    36    7.  Completed  application  forms  received by the department of motor
    37  vehicles not later than the [twenty-fifth] tenth  day  before  the  next
    38  ensuing  primary,  general  or  special election and transmitted by such
    39  department to the appropriate  board  of  elections  so  that  they  are
    40  received  not  later than the [twentieth] fifth day before such election
    41  shall entitle the applicant to vote in such election provided the  board
    42  determines that the applicant is otherwise qualified.
    43    §  4.  Subdivision 5 of section 10-106 of the election law, as amended
    44  by chapter 290 of the laws of 1991, is amended to read as follows:
    45    5. The state board of elections shall forward to the appropriate board
    46  of elections all applications for military ballots received  by  it.  An
    47  application  from  a  military  voter  not previously registered must be
    48  received by the appropriate board of elections not later than  ten  days
    49  before  a general or special election or [twenty-five] ten days before a
    50  primary election in order to entitle  the  applicant  to  vote  at  such
    51  election. An application from a military voter who is already registered
    52  must  be  received  at  least  seven days before an election in order to
    53  entitle the applicant to vote at such election; except that an  applica-
    54  tion  from  such a military voter who delivers his or her application to
    55  the board of elections in person, must be received not  later  than  the
    56  day before the election.

        A. 7085                             3
     1    §  5.  Subdivision 2 of section 11-200 of the election law, as amended
     2  by chapter 473 of the laws of 1992, is amended to read as follows:
     3    2. Every person registered pursuant to this title shall continue to be
     4  eligible  to  vote  in all elections in which special federal voters are
     5  eligible to vote except that in order to vote at a primary election of a
     6  party, a voter registered pursuant to  this  title  must  have  been  so
     7  registered  [and]  no  later  than  ten days before the previous general
     8  election, and/or enrolled in such  party  before  the  previous  general
     9  election; or, if such voter was not registered in New York state for the
    10  previous  general  election,  such voter must so register [and] no later
    11  than ten days before such primary, and/or enroll in such party not later
    12  than twenty-five days before such primary[; or, if such voter was regis-
    13  tered in New York state for the last general election, such  voter  must
    14  have  had the same party enrollment with such registration as such voter
    15  sets forth on his application  for  registration  and  enrollment  as  a
    16  special federal voter].
    17    §  6.  Paragraph  a of subdivision 1 of section 11-202 of the election
    18  law, as amended by chapter 262 of the laws of 2003, is amended  to  read
    19  as follows:
    20    a.  A  person,  who, pursuant to this title, is qualified to vote as a
    21  special federal voter may, by application received by the state board of
    22  elections or any local board of elections  on  or  before  the  [twenty-
    23  fifth]  tenth day next preceding any election in which such person would
    24  be entitled to vote or the last  day  of  local  registration  for  such
    25  election,  whichever  is  later,  apply to the board of elections of the
    26  county in which he resided in person or by personal application by  mail
    27  for  registration and enrollment as a special federal voter. An applica-
    28  tion for registration and enrollment pursuant to this article  shall  be
    29  treated  as  an  application  for  a  special  federal  ballot for every
    30  election in which the applicant would be eligible to vote which is  held
    31  through and including the next two regularly scheduled general elections
    32  held in even numbered years, including any run-offs which may occur.
    33    § 7. This act shall take effect immediately.
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