Amd El L, generally (as proposed in S.2951-A & A.8858-A)
Relates to certain deadlines for voter registration; changes the amount of time required with respect to certain deadlines for voter registration procedures.
STATE OF NEW YORK
________________________________________________________________________
972
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
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 certain deadlines for
voter registration
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 5-208 of the election law, as
2 added by chapter 659 of the laws of 1994, is amended to read as follows:
3 3. If such a notice is received at least [twenty] fifteen days before
4 a primary, special or general election, such change of address must be
5 completed before such election.
6 § 2. Section 5-210 of the election law, as amended by chapter 179 of
7 the laws of 2005, subdivision 3 as amended by a chapter of the laws of
8 2022 amending the election law relating to voter registration, as
9 proposed in legislative bills numbers S. 2951-A and A. 8858-A, subdivi-
10 sion 4 as amended by chapter 490 of the laws of 2019, paragraph (g) of
11 subdivision 5 as amended by chapter 2 of the laws of 2019, paragraphs
12 (k) and (l) of subdivision 5 as amended by chapter 536 of the laws of
13 2019, paragraph (m) of subdivision 5 as added by chapter 62 of the laws
14 of 2010, subdivision 9 as amended by chapter 44 of the laws of 2016 and
15 subdivision 13 as amended by chapter 322 of the laws of 2021, is amended
16 to read as follows:
17 § 5-210. Registration and enrollment and change of enrollment upon
18 application. 1. In addition to local registration and veterans' absentee
19 registration as provided in this chapter, any qualified person may apply
20 personally for registration and enrollment, change of enrollment by mail
21 or by appearing at the board of elections on any day, except a day of
22 election, during the hours that such board of elections is open for
23 business.
24 2. (a) Application forms for use pursuant to this section shall be
25 furnished by a county board of elections to any person requesting such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04307-01-3
A. 972 2
1 form. Application forms sent outside of the United States to a country
2 other than Canada or Mexico, shall be sent airmail. Each county board of
3 elections shall also cause such application forms to be as widely and
4 freely distributed as possible.
5 (b) The board of elections shall mail an application for registration
6 by mail and information on how the person may re-register to each person
7 for whom it receives notice pursuant to the provisions of subdivision
8 four of section 5-402 of this article that such person has moved into
9 such city or county unless such person is already registered from the
10 address listed in such notice.
11 3. Completed application forms, when received by any board of
12 elections and, with respect to application forms promulgated by the
13 federal election commission, when received by the state board of
14 elections, or showing a dated cancellation mark of the United States
15 Postal Service or contained in an envelope showing such a dated cancel-
16 lation mark which is not later than the fifteenth day before the next
17 ensuing primary, general or special election, and received no later than
18 the tenth day before such election, or delivered in person to such board
19 of elections not later than the tenth day before such election, shall
20 entitle the applicant to vote in such election and to have the appli-
21 cant's vote canvassed in accordance with this chapter, if [he or she]
22 the applicant is otherwise qualified, provided, however, such applicant
23 shall not vote on a voting machine until [his or her] their identity is
24 verified. Any board of elections receiving an application form from a
25 person who does not reside in its jurisdiction but who does reside else-
26 where in the state of New York, shall [forthwith] electronically forward
27 such application form to the proper board of elections on the same day
28 it is received. Each board of elections shall make an entry on each
29 such form of the date it is received by such board.
30 4. Any qualified person who has been honorably discharged from the
31 military after the twenty-fifth day before a general election, or who
32 has a qualifying condition, as defined in section three hundred fifty of
33 the executive law, and has received a discharge other than bad conduct
34 or dishonorable from the military after the twenty-fifth day before a
35 general election, or who is a discharged LGBT veteran, as defined in
36 section three hundred fifty of the executive law, and has received a
37 discharge other than bad conduct or dishonorable from the military after
38 the twenty-fifth day before a general election, or who has become a
39 naturalized citizen after the twenty-fifth day before a general election
40 may personally register at the board of elections in the county of [his
41 or her] their residence and vote in the general election held at least
42 ten days after such registration.
43 5. Statewide application forms shall be designed by the state board of
44 elections, which shall conform to the requirements for the national
45 voter registration form in the rules and regulations promulgated by the
46 federal election commission and the federal Help America Vote Act, and
47 shall elicit the information required for the registration poll record.
48 The form shall include such other information as the state board of
49 elections may reasonably require to enable the board of elections to
50 assess the eligibility of the applicant and to administer voter regis-
51 tration and other parts of the election process and shall also include
52 the following information:
53 (a) Notice that those voters currently registered do not need to
54 reregister unless they have moved outside of the city or county in which
55 they were registered.
A. 972 3
1 (b) Instructions on how to fill out and submit the form and that the
2 form must be received by any county board of elections at least [twen-
3 ty-five] ten days prior to the election at which the applicant may vote,
4 and if mailed, must be postmarked at least fifteen days prior to the
5 election at which the applicant may vote.
6 (c) Notice that registration and enrollment is not complete until the
7 form is received by the appropriate county board of elections.
8 (d) Notice of a voter's right to register locally.
9 (e) A warning that it is a crime to procure a false registration or to
10 furnish false information to the board of elections.
11 (f) Notice that political party enrollment is optional but that, in
12 order to vote in a primary election of a political party, a voter must
13 enroll in that political party, unless state party rules allow other-
14 wise.
15 (g) Notice that the applicant must be a citizen of the United States,
16 is at least sixteen years old when [he or she submits] they submit an
17 application to register to vote which will be effective for elections
18 occurring on or after the applicant turns eighteen years of age and a
19 resident of the county or city to which application is made.
20 (h) Notice that a voter notification form will be mailed to each
21 applicant whose completed form is received.
22 (i) The telephone number of the county board of elections and a toll
23 free number at the state board of elections that can be called for
24 answers to registration questions.
25 (j) A space for the applicant to indicate whether or not the voter is
26 willing to serve on election day for a board of elections as an election
27 inspector, poll clerk, interpreter or in other capacities.
28 (k) The form shall also include space for the following information,
29 which must be contained on the inside of the form after it is folded for
30 mailing:
31 (i) A space for the applicant to indicate whether or not [he or she
32 has] they have ever voted or registered to vote before and, if so, the
33 approximate year in which such applicant last voted or registered and
34 [his or her] their name and address at the time.
35 (ii) The name and residence address of the applicant including the zip
36 code and apartment number, if any.
37 (iii) A space for the furnishing of an e-mail address, the furnishing
38 of which shall be optional, together with a notice stating that if an
39 e-mail address is furnished, all notices and communications otherwise
40 required to be sent by the state board of elections to the voter by
41 postal mail shall be sent by e-mail in addition to postal mail. County
42 boards of elections and the board of elections of the city of New York
43 shall have the option of sending notices and communications otherwise
44 required to be sent to the voter by postal mail by e-mail in addition to
45 postal mail if the voter furnishes an email address.
46 (iv) The date of birth of the applicant.
47 (v) A space for the applicant to indicate [his or her] their driver's
48 license or department of motor vehicles non-driver photo ID number or
49 the last four digits of [his or her] their social security number or, if
50 the applicant does not have either such number, a space for the appli-
51 cant to indicate [he or she does] they do not have either.
52 (vi) A space for the applicant to indicate whether or not [he or she
53 is] they are a citizen of the United States and the statement "If you
54 checked "no" in response to this question, do not complete this form."
55 (vii) A space for the applicant to answer the question "Will you be 18
56 years of age on or before election day?" and the statement "If you
A. 972 4
1 checked "no" in response to this question, do not complete this form
2 unless you will be 18 by the end of the year."
3 (viii) A statement informing the applicant that if the form is submit-
4 ted by mail and the applicant is registering for the first time, certain
5 information or documents must be submitted with the mail-in registration
6 form in order to avoid additional identification requirements upon
7 voting for the first time. Such information and documents are:
8 (A) a driver's license or department of motor vehicles non-driver
9 photo ID number; or
10 (B) the last four digits of the individual's social security number;
11 or
12 (C) a copy of a current and valid photo identification; or
13 (D) a copy of a current utility bill, bank statement, government
14 check, paycheck or other government document that shows the name and
15 address of the voter.
16 (ix) The gender of the applicant (optional).
17 (x) A space for the applicant to indicate [his or her] their choice of
18 party enrollment, with a clear alternative provided for the applicant to
19 decline to affiliate with any party.
20 (xi) The telephone number of the applicant (optional).
21 (xii) A place for the applicant to execute the form on a line which is
22 clearly labeled "signature of applicant" preceded by the following
23 specific form of affirmation:
24 AFFIDAVIT: I swear or affirm that:
25 * I am a citizen of the United States.
26 * I will have lived in the county, city, or village for at least 30
27 days before the election.
28 * I meet all the requirements to register to vote in New York
29 State.
30 * This is my signature or mark on the line below.
31 * All the information contained on this application is true. I
32 understand that if it is not true I can be convicted and fined up
33 to $5,000 and/or jailed for up to four years.
34 which form of affirmation shall be followed by a space for the date and
35 the aforementioned line for the applicant's signature.
36 (xiii) A space for the applicant to register in the New York state
37 donate life registry for organ and tissue donations established pursuant
38 to section forty-three hundred ten of the public health law.
39 (l) The mail voter registration application form developed by the
40 federal election commission pursuant to the provisions of section nine
41 of the National Voter Registration Act of 1993 42 USC 1973gg-7 shall be
42 deemed to meet the requirements of this section. Any application for
43 registration received on such an application form shall be accepted if
44 the applicant is otherwise eligible to register to vote pursuant to the
45 provisions of this article. A voter whose registration is accepted
46 pursuant to the provisions of this paragraph shall be permitted to
47 furnish an e-mail address to the board of elections, which furnishing
48 shall carry the same notice and have the same effect as provided by
49 subparagraph (iii) of paragraph (k) of this subdivision.
50 (m) The form of affidavit prescribed by the state board of elections
51 for requests for affidavit ballot pursuant to subdivision three of
52 section 8-302 of this chapter shall be deemed to meet the requirements
53 of this section. Any application for registration received on the form
54 of affidavit shall be accepted if the applicant is otherwise eligible to
55 register to vote pursuant to the provisions of this article, however the
A. 972 5
1 failure to complete the voter registration application appearing on such
2 affidavit envelope shall not otherwise invalidate the affidavit ballot.
3 6. A person who willfully makes a material false statement in any
4 application for registration and enrollment and/or transfer of registra-
5 tion and enrollment or special enrollment by mail, or who knowingly
6 makes a false affirmation, or who offers or attempts to offer any appli-
7 cation for registration and enrollment or transfer of registration and
8 enrollment or special enrollment knowing that the applicant is not qual-
9 ified to register or enroll, or transfer [his or her] their registration
10 and enrollment or to specially enroll, shall be guilty of a class E
11 felony.
12 7. Each county board of elections shall deliver a sufficient number of
13 such uniform statewide application forms to each local post office with-
14 in its county and keep such post office so supplied, with the request
15 that the postmaster thereof make them available to the public for its
16 use in participating in the electoral process.
17 8. Upon its receipt by the county board of elections, each application
18 form shall be reviewed and examined by such board. If the application
19 shall contain substantially all the required information indicating that
20 the applicant is legally qualified to register and/or enroll as stated
21 in [his or her] their application, the county board of elections shall
22 transfer all information on such application to the appropriate regis-
23 tration records. If requested by any member of the board, the applica-
24 tion form of any voter, or group of voters, must be reviewed and exam-
25 ined by two such board members or two employees of the board
26 representing different political parties. Such members or employees
27 shall place their initials or other identifying information on the
28 registration poll record of such voter or on a computer generated list
29 of such registrations. Such lists shall be preserved in the same manner,
30 and for the same time, as such registration poll records. If the appli-
31 cation indicates that the voter does not have a driver's license or
32 department of motor vehicles non-driver photo ID number or a social
33 security number, the state board of elections shall, upon the trans-
34 mission of voter information to the statewide voter registration list as
35 required by section 5-614 of this article, assign such voter a unique
36 identifier.
37 9. The county board of elections shall, [promptly] as soon as practi-
38 cable and in any event, not later than [twenty-one] seven days after
39 receipt by it of the application, verify the identity of the applicant.
40 In order to do so, the county board of elections shall utilize the
41 information provided in the application and shall attempt to verify such
42 information with the information provided by the department of motor
43 vehicles, social security administration and any other lawful available
44 information source. If the county board of elections is unable to verify
45 the identity of the applicant within [twenty-one] seven days of the
46 receipt of the application, it shall immediately take steps to confirm
47 that the information provided by the applicant was accurately utilized
48 by such county board of elections, was accurately verified with other
49 information sources and that no data entry error, or other similar type
50 of error, occurred. Following completion of the preceding steps, the
51 county board of elections shall mail (a) a notice of its approval, (b) a
52 notice of its approval which includes an indication that such board has
53 not yet been able to verify the identity of the applicant and a request
54 for more information so that such verification may be completed, or (c)
55 a notice of its rejection of the application to the applicant in a form
56 approved by the state board of elections. Notices of approval, notices
A. 972 6
1 of approval with requests for more information or notices of rejection
2 shall be sent by nonforwardable first class or return postage guaranteed
3 mail on which is endorsed such language designated by the state board of
4 elections to ensure postal authorities do not forward such mail but
5 return it to the board of elections with forwarding information, when it
6 cannot be delivered as addressed and which contains a request that any
7 such mail received for persons not residing at the address be dropped
8 back in the mail. The voter's registration and enrollment shall be
9 complete upon receipt of the application by the appropriate county board
10 of elections. The failure of a county board of elections to verify an
11 applicant's identity shall not be the basis for the rejection of a
12 voter's application, provided, however, that such verification failure
13 shall be the basis for requiring county board of elections to take the
14 additional verification steps provided by this chapter. The notice shall
15 also advise the registrant of the date when [his] their registration and
16 enrollment is effective, of the date and the hours of the next regularly
17 scheduled primary or general election in which [he] such registrant will
18 be eligible to vote, of the location of the polling place of the
19 election district in which [he] such registrant is or will be a quali-
20 fied voter, whether such polling place is accessible to physically hand-
21 icapped voters, an indication that physically handicapped voters or
22 voters who are ill or voters who will be out of the city or county on
23 the day of the primary or general election, may obtain an absentee
24 ballot and the phone number to call for absentee ballot applications,
25 the phone numbers to call for location of polling places, to obtain
26 registration forms and the phone number to call to indicate that the
27 voter is willing to serve on election day as an inspector, poll clerk or
28 interpreter. The notice of approval, notice of approval with request for
29 more information or notice of rejection shall also advise the applicant
30 to notify the board of elections if there is any inaccuracy. The form of
31 such mail notification shall be prescribed by the state board of
32 elections and shall contain such other information and instructions as
33 it may reasonably require to carry out the purposes of this section. The
34 request for more information shall inform the voter that "THE FAILURE TO
35 CONTACT THE BOARD OF ELECTIONS AND CORRECT ANY INACCURACIES IN THE
36 APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A
37 REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO CAST A VOTE ON A
38 VOTING MACHINE." If such notice is returned undelivered without a new
39 address, the board shall forthwith send such applicant a confirmation
40 notice pursuant to the provisions of section 5-712 of this article and
41 place such applicant in inactive status. The state board of elections
42 shall prepare uniform notices by this section as provided for in subdi-
43 vision eight of section 3-102 of this chapter.
44 10. If the board of elections has been unable to verify the identity
45 of the applicant within forty-five days of the application, the board
46 shall mail a second request for more information to the applicant. This
47 notice shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF
48 ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE
49 REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICA-
50 TION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If the
51 board of elections remains unable to verify the identity of the voter it
52 shall so indicate with a notation next to the voter's name in the regis-
53 tration list. Such a voter may provide information to assist the county
54 board to verify [his or her] their identity at any time and such nota-
55 tion shall be removed by the board of elections upon such verification.
A. 972 7
1 11. If the county board of elections suspects or believes that for any
2 reason the applicant is not entitled to registration and enrollment, it
3 shall make inquiry in reference thereto. If the board of elections shall
4 find that the applicant is not qualified to register and enroll, the
5 application shall be rejected and the applicant notified of such
6 rejection and the reason therefor, no later than [ten] seven days before
7 the day of the first primary or general election occurring at least
8 [twenty-five] ten days after the filing of the application.
9 12. Whenever the county board of elections is not satisfied from an
10 examination of an application for registration and enrollment, or after
11 its initial inquiry, that the applicant is entitled to such registration
12 or enrollment, it may order an investigation through any officer or
13 employee of the state or county board of elections, police officer,
14 sheriff or deputy sheriff.
15 13. An affidavit or a signed statement by any officer or employee of
16 the state or county board of elections or any police officer, sheriff or
17 deputy sheriff, that such person visited the premises claimed by the
18 applicant as [his or her] their residence and interrogated an incarcer-
19 ated individual, house-dweller, keeper, caretaker, owner, proprietor or
20 landlord thereof or therein as to such applicant's residence therein or
21 thereat, and that [he or she was] they were informed by one or more such
22 persons, naming them, that they knew the persons residing upon such
23 premises and that the applicant did not reside upon such premises as set
24 forth in [his or her] their application, shall be sufficient authority
25 for a determination by the board that the applicant is not entitled to
26 registration or enrollment; but this provision shall not preclude the
27 board from making such other determination, as the result of other
28 inquiry, as it may deem appropriate.
29 14. Notwithstanding the entry by the county board of elections on the
30 registration poll record of the information contained on an application
31 form prescribed by this section, such entry shall not preclude the coun-
32 ty board of elections from subsequently rejecting the application if it
33 is not satisfied that the applicant is entitled to register and enroll
34 as provided by this section, provided that the applicant is notified of
35 such rejection and reasons therefor no later than [ten] seven days
36 before the day of the first primary or general election occurring at
37 least [twenty-five] ten days after the filing of such application form.
38 15. a. The county board of elections shall keep a record of applica-
39 tions for registration as they are received and at least once each
40 month, shall, upon request of the chairman of a political party in the
41 county, give such chairman a complete list of the persons whose applica-
42 tions were approved together with their addresses and telephone numbers,
43 and their election and assembly districts or wards, if any.
44 b. Not more than four times a year, on dates determined by the state
45 board of elections, the county board of elections shall send to the
46 chairman of each political party in the county a complete list of the
47 persons whose applications were approved together with their addresses,
48 their election and assembly districts or wards, if any, their party
49 enrollments and an indication of whether such persons are eligible to
50 vote in the primary elections to be held in that calendar year. Not more
51 than twice a year, in even numbered years, on dates determined by the
52 state board of elections, the county board of elections shall send a
53 copy of such list to the state board of elections. In counties of over
54 one hundred thousand population, each such list shall be, and in other
55 counties each such list may be, cumulative and include the names of all
56 such persons whose names do not appear in the annual enrollment lists
A. 972 8
1 last published by such board of elections, together with an indication
2 of which such names did not appear on the previous list. Such lists may
3 also include the names of those persons whose names do appear in the
4 annual enrollment lists. Such lists shall be arranged in the same manner
5 as the annual enrollment lists. Additional copies of such lists shall be
6 available to the public at a charge not exceeding the cost of publica-
7 tion or reproduction.
8 § 3. Subdivisions 11 and 12 of section 5-211 of the election law,
9 subdivision 11 as amended by chapter 200 of the laws of 1996 and subdi-
10 vision 12 as added by chapter 659 of the laws of 1994, are amended to
11 read as follows:
12 11. The participating agency shall transmit the completed applications
13 for registration and change of address forms to the appropriate board of
14 elections not later than ten days after receipt except that all such
15 completed applications and forms received by the agency [between] after
16 the [thirtieth] twentieth day prior to an election and [twenty-fifth] by
17 the twelfth day before [an] such election shall be transmitted in such
18 manner and at such time as to assure their receipt by such board of
19 elections as soon as practicable and not later than the [twentieth]
20 tenth day before such election.
21 12. Completed application forms, when received by a participating
22 agency not later than the [twenty-fifth] twelfth day before the next
23 ensuing primary, general or special election and transmitted by such
24 agency to the appropriate board of elections so that they are received
25 by such board not later than the [twentieth] tenth day before such
26 election shall entitle the applicant to vote in such election provided
27 the board determines that the applicant is otherwise qualified.
28 § 4. Subdivisions 6 and 7 of section 5-212 of the election law, subdi-
29 vision 6 as amended by chapter 200 of the laws of 1996 and subdivision 7
30 as added by chapter 659 of the laws of 1994, are amended to read as
31 follows:
32 6. The department of motor vehicles shall transmit that portion of the
33 form which constitutes the completed application for registration or
34 change of address form to the appropriate board of elections not later
35 than ten days after receipt except that all such completed applications
36 and forms received by the department [between] after the [thirtieth]
37 twentieth day prior to an election and [twenty-fifth] by the twelfth day
38 before [an] such election shall be transmitted in such manner and at
39 such time as to assure their receipt by such board of elections as soon
40 as practicable and not later than the [twentieth] tenth day before such
41 election. All transmittals shall include original signatures.
42 7. Completed application forms received by the department of motor
43 vehicles not later than the [twenty-fifth] twelfth day before the next
44 ensuing primary, general or special election and transmitted by such
45 department to the appropriate board of elections so that they are
46 received not later than the [twentieth] tenth day before such election
47 shall entitle the applicant to vote in such election provided the board
48 determines that the applicant is otherwise qualified.
49 § 5. Subdivision 3 of section 5-213 of the election law, as amended by
50 chapter 200 of the laws of 1996, is amended to read as follows:
51 3. The board of elections shall restore the registration of any such
52 voter to active status if such voter notifies the board of elections
53 that [he resides] they reside at the address from which [he is] they are
54 registered, or the board finds that such voter has validly signed a
55 designating or nominating petition which states that [he resides] they
56 reside at such address, or if such voter casts a ballot in an affidavit
A. 972 9
1 envelope which states that [he resides] they reside at such address, or
2 if the board receives notice that such voter has voted in an election
3 conducted with registration lists prepared pursuant to the provisions of
4 section 5-612 of this article. If any such notification or information
5 is received [twenty] ten days or more before a primary, special or
6 general election, the voter's name must be restored to active status for
7 such election.
8 § 6. Subdivisions 4 and 5 of section 5-302 of the election law, subdi-
9 vision 4 as amended by chapter 91 of the laws of 1992 and subdivision 5
10 as amended by chapter 164 of the laws of 1985, are amended to read as
11 follows:
12 4. Registration poll records of voters whose registrations are not
13 rejected by the board of elections shall forthwith be placed in the poll
14 ledger or such voters' names shall forthwith be entered in the computer
15 files from which the computer generated registration lists are prepared,
16 except that the registration poll record of an otherwise qualified voter
17 who registers after the [twenty-fifth] tenth day before a primary
18 election shall not be placed in such poll ledger or such voters' names
19 shall not appear on such a computer generated registration list until
20 after such primary and except further that the registration poll record
21 of a voter whose previous registration was cancelled pursuant to the
22 provisions of this chapter after the previous general election and who
23 registers pursuant to the provisions of this chapter after such cancel-
24 lation shall not be placed in such poll ledger or such voters' names
25 shall not appear on such a computer generated registration list until
26 after the fall primary election, unless such voter has enrolled with the
27 same party as the enrollment on the registration which was so cancelled.
28 The registration poll record of a voter who is not eligible to vote in
29 a primary election but who is eligible to vote in a special election
30 held before such primary election shall be placed in its regular place
31 in the poll ledger or in a special section of such poll ledger for such
32 special election as the board of elections, in its discretion, shall
33 provide, or such name shall appear in its regular place on the computer
34 generated registration list prepared for use in such special election.
35 Such poll record shall be removed from such poll ledger or computer
36 generated registration list immediately after such special election.
37 5. During the period preceding the ensuing primary election, the board
38 of elections shall maintain as a public record a list of all enrollments
39 entered, transferred or corrected, and not contained in the last
40 published enrollment list. Such supplemental enrollment list shall
41 contain the same information and shall be distributed in the same manner
42 as the original enrollment list not later than the [fifteenth] tenth day
43 before the primary election.
44 § 7. Subdivision 3 of section 5-306 of the election law, as amended by
45 chapter 90 of the laws of 1991, is amended to read as follows:
46 3. A voter may correct [his] their enrollment pursuant hereto on any
47 of the days the board is open for registration. A correction made during
48 the [twenty-five-day] nine-day period preceding a primary election shall
49 not be effective for such election.
50 § 8. Subdivision 4 of section 5-308 of the election law, as amended by
51 chapter 37 of the laws of 2021, is amended to read as follows:
52 4. If a voter appears at a primary election and votes by affidavit
53 ballot indicating the intent to enroll in such party, such affidavit
54 ballot shall be cast and counted if the board of elections determines
55 that the voter registered (or pre-registered) to vote at least [twenty-
A. 972 10
1 five] ten days before that primary pursuant to title nine of this arti-
2 cle and such voter is otherwise qualified to vote in such election.
3 § 9. Subdivision 1 of section 5-602 of the election law, as amended by
4 chapter 659 of the laws of 1994, is amended to read as follows:
5 1. After the last day of local registration and before the [sixth]
6 fifth day before the next ensuing general election in each year, the
7 board of elections shall cause to be published a complete list of names
8 and residence addresses of the registered voters for each election
9 district over which the board has jurisdiction. The names for each
10 election district may be arranged according to street and number or
11 alphabetically. Each list shall be prepared in such a manner as to
12 indicate the registrants whose names did not appear on the list of
13 registered voters last published pursuant to the provisions of this
14 section and the registrants who are in inactive status. The board of
15 elections, in its discretion, may publish the names of the registrants
16 in inactive status as a separate list. In lieu of publishing such a
17 registration list, such board of elections may publish a complete list
18 of the names and residence addresses of all registered voters whose
19 names do not appear in the annual enrollment lists published in such
20 year by such board, in the same form as such enrollment lists, and a
21 list of the registered voters whose names appear in such annual enroll-
22 ment lists but who have been placed in inactive status or whose regis-
23 trations have been cancelled since the publication of such annual
24 enrollment lists. Lists for all election districts in a ward or assembly
25 district may be bound together in one volume.
26 § 10. Subparagraph (ii) of paragraph (e) of subdivision 3 of section
27 8-302 of the election law, as amended by section 8 of part XX of chapter
28 55 of the laws of 2019, is amended to read as follows:
29 (ii) [He or she] They may swear to and subscribe an affidavit stating
30 that [he or she has] they have duly registered to vote, the address in
31 such election district from which [he or she] they registered, that [he
32 or she remains] they remain a duly qualified voter in such election
33 district, that [his or her] their registration poll record appears to be
34 lost or misplaced or that [his or her] their name and/or [his or her]
35 their signature was omitted from the computer generated registration
36 list or such record indicates the voter already voted when [he or she]
37 they did not do so or that [he or she has] they have moved within New
38 York state since [he or she] they last registered, the address from
39 which [he or she was] they were previously registered and the address at
40 which [he or she] they currently [resides] reside, and at a primary
41 election, the party in which [he or she is] they are enrolled. The
42 inspectors of election shall offer such an affidavit to each such voter
43 whose residence address is in such election district. Each such affida-
44 vit shall be in a form prescribed by the state board of elections, shall
45 be printed on an envelope of the size and quality used for an absentee
46 ballot envelope, and shall contain an acknowledgment that the affiant
47 understands that any false statement made therein is perjury punishable
48 according to law. Such form prescribed by the state board of elections
49 shall request information required to register such voter should the
50 county board determine that such voter is not yet registered and shall
51 constitute an application to register to vote. The voter's name and the
52 entries required shall then be entered without delay and without further
53 inquiry in the fourth section of the challenge report or in the place
54 provided in the computer generated registration list, with the notation
55 that the voter has executed the affidavit hereinabove prescribed, or, if
56 such person's name appears in such registration list, the board of
A. 972 11
1 elections may provide a place to make such entry next to [his or her]
2 their name in such list. The voter shall then, without further inquiry,
3 be permitted to vote an affidavit ballot provided for by this chapter.
4 Such ballot shall thereupon be placed in the envelope containing [his or
5 her] their affidavit, and the envelope sealed and returned to the board
6 of elections in the manner provided by this chapter for protested offi-
7 cial ballots, including a statement of the number of such ballots.
8 § 11. Paragraph (h) of subdivision 7 of section 9-209 of the election
9 law, as added by chapter 763 of the laws of 2021, is amended to read as
10 follows:
11 (h) If the central board of canvassers finds that the voter registered
12 or pre-registered to vote for the first time pursuant to title nine of
13 article five of this chapter at least [twenty-five] ten days before a
14 primary, appeared at such primary election, and indicated on the affida-
15 vit ballot envelope the intent to enroll in such party, the affidavit
16 ballot shall be cast and canvassed if the voter is otherwise qualified
17 to vote in such election.
18 § 12. Subdivision 5 of section 10-106 of the election law, as amended
19 by chapter 290 of the laws of 1991, is amended to read as follows:
20 5. The state board of elections shall forward to the appropriate board
21 of elections all applications for military ballots received by it. An
22 application from a military voter not previously registered must be
23 received by the appropriate board of elections not later than ten days
24 before a general, primary, or special election [or twenty-five days
25 before a primary election] in order to entitle the applicant to vote at
26 such election. An application from a military voter who is already
27 registered must be received at least seven days before an election in
28 order to entitle the applicant to vote at such election; except that an
29 application from such a military voter who delivers [his] their applica-
30 tion to the board of elections in person, must be received not later
31 than the day before the election.
32 § 13. Subdivision 2 of section 11-200 of the election law, as amended
33 by chapter 473 of the laws of 1992, is amended to read as follows:
34 2. Every person registered pursuant to this title shall continue to be
35 eligible to vote in all elections in which special federal voters are
36 eligible to vote except that in order to vote at a primary election of a
37 party, a voter registered pursuant to this title must have been so
38 registered and enrolled in such party before the previous general
39 election; or, if such voter was not registered in New York state for the
40 previous general election, such voter must so register and enroll in
41 such party not later than [twenty-five] ten days before such primary;
42 or, if such voter was registered in New York state for the last general
43 election, such voter must have had the same party enrollment with such
44 registration as such voter sets forth on [his] their application for
45 registration and enrollment as a special federal voter.
46 § 14. Paragraph a of subdivision 1 of section 11-202 of the election
47 law, as amended by chapter 262 of the laws of 2003, is amended to read
48 as follows:
49 a. A person, who, pursuant to this title, is qualified to vote as a
50 special federal voter may, by application received by the state board of
51 elections or any local board of elections on or before the [twenty-
52 fifth] tenth day next preceding any election in which such person would
53 be entitled to vote or the last day of local registration for such
54 election, whichever is later, apply to the board of elections of the
55 county in which [he resided] they resided in person or by personal
56 application by mail for registration and enrollment as a special federal
A. 972 12
1 voter. An application for registration and enrollment pursuant to this
2 article shall be treated as an application for a special federal ballot
3 for every election in which the applicant would be eligible to vote
4 which is held through and including the next two regularly scheduled
5 general elections held in even numbered years, including any run-offs
6 which may occur.
7 § 15. This act shall take effect on the same date and in the same
8 manner as a chapter of the laws of 2022 amending the election law relat-
9 ing to voter registration, as proposed in legislative bills numbers S.
10 2951-A and A. 8858-A, takes effect; provided, however, that:
11 (a) section eight of this act shall take effect on the same date and
12 in the same manner as section 2 of chapter 37 of the laws of 2021, takes
13 effect; and
14 (b) section eleven of this act shall take effect on the same date and
15 in the same manner as section 1 of chapter 763 of the laws of 2021,
16 takes effect.
