STATE OF NEW YORK
________________________________________________________________________
3138
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. R. CARROLL -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to enrolling in a party
within 10 days of a primary, general or special election; and to
repeal subdivision 3 of section 5-304 of the election law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2 and 5 of section 5-302 of the election law,
2 subdivision 2 as amended by chapter 164 of the laws of 1985 and subdi-
3 vision 5 as amended by chapter 113 of the laws of 2023, are amended to
4 read as follows:
5 2. If the application form is for a voter who has changed [his] their
6 enrollment or a voter who has previously registered and not enrolled,
7 then the board of elections shall compare the information and the signa-
8 ture appearing on each application form received with that on the regis-
9 tration poll record of the applicant and if found to correspond in all
10 particulars shall[, not earlier than the Tuesday following the next
11 general election and not later than the thirtieth day preceding the last
12 day for publishing enrollment lists, proceed in the manner specified in
13 subdivision one hereof to enter such enrollment on such voter's regis-
14 tration poll card] enroll such voter in the designated party and if the
15 change of enrollment is no later than the tenth day before the next
16 ensuing primary election for the selected party, such voter shall be
17 eligible to vote in the next primary election of the selected party.
18 5. During the period preceding the ensuing primary election, the board
19 of elections shall maintain as a public record a list of all enrollments
20 entered, transferred or corrected, and not contained in the last
21 published enrollment list. Such supplemental enrollment list shall
22 contain the same information and shall be distributed in the same manner
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06612-01-5
A. 3138 2
1 as the original enrollment list not later than the [tenth] fifth day
2 before the primary election.
3 § 2. Subdivision 3 of section 5-304 of the election law is REPEALED.
4 § 3. Subdivision 2 of section 11-200 of the election law, as amended
5 by chapter 113 of the laws of 2023, is amended to read as follows:
6 2. Every person registered pursuant to this title shall continue to be
7 eligible to vote in all elections in which special federal voters are
8 eligible to vote except that in order to vote at a primary election of a
9 party, a voter registered pursuant to this title must have been so
10 registered [and enrolled] in such party before the previous general
11 election; or, if such voter was not registered in New York state for the
12 previous general election, such voter must so register [and] and/or
13 enroll in such party not later than ten days before such primary[; or,
14 if such voter was registered in New York state for the last general
15 election, such voter must have had the same party enrollment with such
16 registration as such voter sets forth on their application for registra-
17 tion and enrollment as a special federal voter].
18 § 4. This act shall take effect immediately.
