STATE OF NEW YORK
________________________________________________________________________
408
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to change of enrollment
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 5-304 of the election law, as
2 amended by chapter 90 of the laws of 1991, is amended to read as
3 follows:
4 3. A change of enrollment received by the board of elections, showing
5 a dated cancellation mark of the United States Postal Service, or
6 contained in an envelope showing such a dated cancellation mark which is
7 dated not later than the twenty-fifth day before the [general election
8 shall be deposited in a sealed enrollment box, which shall not be opened
9 until the first Tuesday following such general election. Such change of
10 enrollment shall be then removed and entered as provided in this arti-
11 cle] next ensuing primary, general, or special election, and received no
12 later than the twentieth day before such election, or delivered in
13 person to such county board of elections not later than the tenth day
14 before a special election, shall have such change of enrollment effec-
15 tive for such election. Enrollment changes shall be entered as provided
16 in this article and will be deemed to take effect on the twenty-fifth
17 day after such change of enrollment is received by the board of
18 elections or if the change of enrollment, or the envelope containing it,
19 bears a dated cancellation mark of the United States Postal Service,
20 such change shall be entered and will be deemed to take effect on the
21 twenty-fifth day after the date of such mark, whichever is earlier;
22 except that no change will take effect sooner than the twentieth day
23 after the receipt of such change of enrollment by the board of elections
24 except with regard to special elections as provided in this subdivision.
25 § 2. This act shall take effect on the sixtieth day after it shall
26 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00483-01-9
