A 3138: Permits party enrollment and change of party enrollment within 10 days of a primary, general, or special election.

  
  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.