STATE OF NEW YORK
________________________________________________________________________
5536
2017-2018 Regular Sessions
IN SENATE
April 7, 2017
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to registering to vote and
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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09525-05-7
S. 5536 2
1 [4. Any qualified person who has been honorably discharged from the
2 military after the twenty-fifth day before a general election or who has
3 become a naturalized citizen after the twenty-fifth day before a general
4 election may personally register at the board of elections in the county
5 of his or her residence and vote in the general election held at least
6 ten days after such registration.]
7 § 2. Subdivisions 11 and 12 of section 5-211 of the election law,
8 subdivision 11 as amended by chapter 200 of the laws of 1996 and subdi-
9 vision 12 as added by chapter 659 of the laws of 1994, are amended to
10 read as follows:
11 11. The participating agency shall transmit the completed applications
12 for registration and change of address forms to the appropriate board of
13 elections not later than ten days after receipt except that all such
14 completed applications and forms received by the agency between the
15 thirtieth and [twenty-fifth] tenth day before an election shall be tran-
16 smitted in such manner and at such time as to assure their receipt by
17 such board of elections not later than the [twentieth] fifth day before
18 such election.
19 12. Completed application forms, when received by a participating
20 agency not later than the [twenty-fifth] tenth day before the next ensu-
21 ing primary, general or special election and transmitted by such agency
22 to the appropriate board of elections so that they are received by such
23 board not later than the [twentieth] fifth day before such election
24 shall entitle the applicant to vote in such election provided the board
25 determines that the applicant is otherwise qualified.
26 § 3. Subdivisions 6 and 7 of section 5-212 of the election law, subdi-
27 vision 6 as amended by chapter 200 of the laws of 1996 and subdivision 7
28 as added by chapter 659 of the laws of 1994, are amended to read as
29 follows:
30 6. The department of motor vehicles shall transmit that portion of the
31 form which constitutes the completed application for registration or
32 change of address form to the appropriate board of elections not later
33 than ten days after receipt except that all such completed applications
34 and forms received by the department between the thirtieth and [twenty-
35 fifth] tenth day before an election shall be transmitted in such manner
36 and at such time as to assure their receipt by such board of elections
37 not later than the [twentieth] fifth day before such election. All
38 transmittals shall include original signatures.
39 7. Completed application forms received by the department of motor
40 vehicles not later than the [twenty-fifth] tenth day before the next
41 ensuing primary, general or special election and transmitted by such
42 department to the appropriate board of elections so that they are
43 received not later than the [twentieth] fifth day before such election
44 shall entitle the applicant to vote in such election provided the board
45 determines that the applicant is otherwise qualified.
46 § 4. Subdivisions 2, 4 and 5 of section 5-302 of the election law,
47 subdivisions 2 and 5 as amended by chapter 164 of the laws of 1985 and
48 subdivision 4 as amended by chapter 91 of the laws of 1992, are amended
49 to read as follows:
50 2. If the application form is for a voter who has changed his or her
51 enrollment or a voter who has previously registered and not enrolled,
52 then the board of elections shall compare the information and the signa-
53 ture appearing on each application form received with that on the regis-
54 tration poll record of the applicant and if found to correspond in all
55 particulars shall[, not earlier than the Tuesday following the next
56 general election and not later than the thirtieth day preceding the last
S. 5536 3
1 day for publishing enrollment lists, proceed in the manner specified in
2 subdivision one hereof to enter such enrollment on such voter's regis-
3 tration poll card] enroll such voter in the designated party and if the
4 change of enrollment is no later than the tenth day before the next
5 ensuing primary election for the selected party, such voter shall be
6 eligible to vote in the next primary election of the selected party.
7 4. Registration poll records of voters whose registrations are not
8 rejected by the board of elections shall forthwith be placed in the poll
9 ledger or such voters' names shall forthwith be entered in the computer
10 files from which the computer generated registration lists are prepared,
11 except that the registration poll record of an otherwise qualified voter
12 who registers after the [twenty-fifth] tenth day before a primary
13 election shall not be placed in such poll ledger or such voters' names
14 shall not appear on such a computer generated registration list until
15 after such primary and except further that the registration poll record
16 of a voter whose previous registration was cancelled pursuant to the
17 provisions of this chapter after the previous general election and who
18 registers pursuant to the provisions of this chapter after such cancel-
19 lation shall not be placed in such poll ledger or such voters' names
20 shall not appear on such a computer generated registration list until
21 after the fall primary election, unless such voter has enrolled with the
22 same party as the enrollment on the registration which was so cancelled.
23 5. During the period preceding the ensuing primary election, the board
24 of elections shall maintain as a public record a list of all enrollments
25 entered, transferred or corrected, and not contained in the last
26 published enrollment list. Such supplemental enrollment list shall
27 contain the same information and shall be distributed in the same manner
28 as the original enrollment list not later than the [fifteenth] fifth day
29 before the primary election.
30 § 5. Subdivision 3 of section 5-304 of the election law is REPEALED.
31 § 6. Subdivision 5 of section 10-106 of the election law, as amended
32 by chapter 290 of the laws of 1991, is amended to read as follows:
33 5. The state board of elections shall forward to the appropriate board
34 of elections all applications for military ballots received by it. An
35 application from a military voter not previously registered must be
36 received by the appropriate board of elections not later than ten days
37 before a general or special election or [twenty-five] ten days before a
38 primary election in order to entitle the applicant to vote at such
39 election. An application from a military voter who is already registered
40 must be received at least seven days before an election in order to
41 entitle the applicant to vote at such election; except that an applica-
42 tion from such a military voter who delivers his or her application to
43 the board of elections in person, must be received not later than the
44 day before the election.
45 § 7. Subdivision 2 of section 11-200 of the election law, as amended
46 by chapter 473 of the laws of 1992, is amended to read as follows:
47 2. Every person registered pursuant to this title shall continue to be
48 eligible to vote in all elections in which special federal voters are
49 eligible to vote except that in order to vote at a primary election of a
50 party, a voter registered pursuant to this title must have been so
51 registered and enrolled in such party [before the previous general
52 election; or, if such voter was not registered in New York state for the
53 previous general election, such voter must so register and enroll in
54 such party] not later than [twenty-five] ten days before such primary[;
55 or, if such voter was registered in New York state for the last general
56 election, such voter must have had the same party enrollment with such
S. 5536 4
1 registration as such voter sets forth on his application for registra-
2 tion and enrollment as a special federal voter].
3 § 8. Paragraph a of subdivision 1 of section 11-202 of the election
4 law, as amended by chapter 262 of the laws of 2003, is amended to read
5 as follows:
6 a. A person, who, pursuant to this title, is qualified to vote as a
7 special federal voter may, by application received by the state board of
8 elections or any local board of elections on or before the [twenty-
9 fifth] tenth day next preceding any election in which such person would
10 be entitled to vote or the last day of local registration for such
11 election, whichever is later, apply to the board of elections of the
12 county in which he resided in person or by personal application by mail
13 for registration and enrollment as a special federal voter. An applica-
14 tion for registration and enrollment pursuant to this article shall be
15 treated as an application for a special federal ballot for every
16 election in which the applicant would be eligible to vote which is held
17 through and including the next two regularly scheduled general elections
18 held in even numbered years, including any run-offs which may occur.
19 § 9. This act shall take effect immediately.