STATE OF NEW YORK
________________________________________________________________________
1458
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
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 registering to vote
within 10 days of a primary, general or special election
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 490 of the laws of 2019, 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.
23 [4. Any qualified person who has been honorably discharged from the
24 military after the twenty-fifth day before a general election, or who
25 has a qualifying condition, as defined in section three hundred fifty of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05364-01-1
A. 1458 2
1 the executive law, and has received a discharge other than bad conduct
2 or dishonorable from the military after the twenty-fifth day before a
3 general election, or who is a discharged LGBT veteran, as defined in
4 section three hundred fifty of the executive law, and has received a
5 discharge other than bad conduct or dishonorable from the military after
6 the twenty-fifth day before a general election, or who has become a
7 naturalized citizen after the twenty-fifth day before a general election
8 may personally register at the board of elections in the county of his
9 or her residence and vote in the general election held at least ten days
10 after such registration.]
11 § 2. Subdivisions 11 and 12 of section 5-211 of the election law,
12 subdivision 11 as amended by chapter 200 of the laws of 1996 and subdi-
13 vision 12 as added by chapter 659 of the laws of 1994, are amended to
14 read as follows:
15 11. The participating agency shall transmit the completed applications
16 for registration and change of address forms to the appropriate board of
17 elections not later than ten days after receipt except that all such
18 completed applications and forms received by the agency between the
19 thirtieth and [twenty-fifth] tenth day before an election shall be tran-
20 smitted in such manner and at such time as to assure their receipt by
21 such board of elections not later than the [twentieth] fifth day before
22 such election.
23 12. Completed application forms, when received by a participating
24 agency not later than the [twenty-fifth] tenth day before the next ensu-
25 ing primary, general or special election and transmitted by such agency
26 to the appropriate board of elections so that they are received by such
27 board not later than the [twentieth] fifth day before such election
28 shall entitle the applicant to vote in such election provided the board
29 determines that the applicant is otherwise qualified.
30 § 3. Subdivisions 6 and 7 of section 5-212 of the election law, subdi-
31 vision 6 as amended by chapter 200 of the laws of 1996 and subdivision 7
32 as added by chapter 659 of the laws of 1994, are amended to read as
33 follows:
34 6. The department of motor vehicles shall transmit that portion of the
35 form which constitutes the completed application for registration or
36 change of address form to the appropriate board of elections not later
37 than ten days after receipt except that all such completed applications
38 and forms received by the department between the thirtieth and [twenty-
39 fifth] tenth day before an election shall be transmitted in such manner
40 and at such time as to assure their receipt by such board of elections
41 not later than the [twentieth] fifth day before such election. All
42 transmittals shall include original signatures.
43 7. Completed application forms received by the department of motor
44 vehicles not later than the [twenty-fifth] tenth day before the next
45 ensuing primary, general or special election and transmitted by such
46 department to the appropriate board of elections so that they are
47 received not later than the [twentieth] fifth day before such election
48 shall entitle the applicant to vote in such election provided the board
49 determines that the applicant is otherwise qualified.
50 § 4. Subdivision 5 of section 10-106 of the election law, as amended
51 by chapter 290 of the laws of 1991, is amended to read as follows:
52 5. The state board of elections shall forward to the appropriate board
53 of elections all applications for military ballots received by it. An
54 application from a military voter not previously registered must be
55 received by the appropriate board of elections not later than ten days
56 before a general or special election or [twenty-five] ten days before a
A. 1458 3
1 primary election in order to entitle the applicant to vote at such
2 election. An application from a military voter who is already registered
3 must be received at least seven days before an election in order to
4 entitle the applicant to vote at such election; except that an applica-
5 tion from such a military voter who delivers his or her application to
6 the board of elections in person, must be received not later than the
7 day before the election.
8 § 5. Subdivision 2 of section 11-200 of the election law, as amended
9 by chapter 473 of the laws of 1992, is amended to read as follows:
10 2. Every person registered pursuant to this title shall continue to be
11 eligible to vote in all elections in which special federal voters are
12 eligible to vote except that in order to vote at a primary election of a
13 party, a voter registered pursuant to this title must have been so
14 registered [and] no later than ten days before the previous general
15 election, and/or enrolled in such party before the previous general
16 election; or, if such voter was not registered in New York state for the
17 previous general election, such voter must so register [and] no later
18 than ten days before such primary, and/or enroll in such party not later
19 than twenty-five days before such primary[; or, if such voter was regis-
20 tered in New York state for the last general election, such voter must
21 have had the same party enrollment with such registration as such voter
22 sets forth on his application for registration and enrollment as a
23 special federal voter].
24 § 6. Paragraph a of subdivision 1 of section 11-202 of the election
25 law, as amended by chapter 262 of the laws of 2003, is amended to read
26 as follows:
27 a. A person, who, pursuant to this title, is qualified to vote as a
28 special federal voter may, by application received by the state board of
29 elections or any local board of elections on or before the [twenty-
30 fifth] tenth day next preceding any election in which such person would
31 be entitled to vote or the last day of local registration for such
32 election, whichever is later, apply to the board of elections of the
33 county in which he resided in person or by personal application by mail
34 for registration and enrollment as a special federal voter. An applica-
35 tion for registration and enrollment pursuant to this article shall be
36 treated as an application for a special federal ballot for every
37 election in which the applicant would be eligible to vote which is held
38 through and including the next two regularly scheduled general elections
39 held in even numbered years, including any run-offs which may occur.
40 § 7. This act shall take effect immediately.
