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.