NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9661
SPONSOR: Thiele TITLE OF BILL: An act to amend the election law, in relation to
permitting persons registered to vote but not enrolled in a party to
vote in the presidential primary
PURPOSE:
To allow for open presidential primaries in New York State by permitting
persons registered to vote, but not enrolled in a party, to vote in the
presidential primary.
SUMMARY OF PROVISIONS:
Section 1-104 of the Election Law is amended by adding a new subdivision
38 defining the term "undeclared voter" to mean a person registered to
vote and who is not enrolled in a party pursuant to Article 5 of this
chapter relating the registration and enrollment of voters.
Section 2. Amends the Election Law by adding a new Section 2-123 estab-
lishing guidelines relating to open presidential primaries for unde-
clared voters in New York State.
JUSTIFICATION:
Currently, voters may only vote in a primary election for candidates of
their same registered political party. Non-partisan and independent
voters do not have the ability to participate in the nominating process,
thereby, suppressing voter turnout and hindering participation in the
election process. This legislation would amend the Election Law to
define the term "undeclared voter" to mean a person registered to vote
and who is not enrolled in a political party to vote in the presidential
primary of any party. This will give all registered voters in New York
State the opportunity to actively participate in the democratic nomi-
nation process of a candidate in a presidential primary.
LEGISLATIVE HISTORY:
2016: New Legislation
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9661
IN ASSEMBLY
March 24, 2016
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to permitting persons
registered to vote but not enrolled in a party to vote in the presi-
dential primary
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1-104 of the election law is amended by adding a
2 new subdivision 38 to read as follows:
3 38. The term "undeclared voter" means a person registered to vote and
4 who is not enrolled in a party pursuant to article five of this chapter.
5 § 2. The election law is amended by adding a new section 2-123 to read
6 as follows:
7 § 2-123. Open presidential primaries. Notwithstanding any provision of
8 law to the contrary, after the effective date of this section, an unde-
9 clared voter shall be permitted to vote in the presidential primary of
10 any party. Such undeclared voter may only vote in the presidential
11 primary of one party. Such undeclared voter shall select the party in
12 which the voter wishes to cast such a ballot on the day of the presiden-
13 tial primary at the polling place of the undeclared voter at the time
14 such voter seeks to cast a ballot.
15 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14754-01-6
