Relates to voter enrollment

BILL NUMBER:S423

Title of bill

An act to amend the election law, in relation to voter enrollment

Purpose

Enables a voter who has changed his enrollment from one party to another to vote in a primary election unless the change is submitted during the ninety days prior to a primary election.

Summary of provisions

Section 1. Amends the election law to allow a voter who has changed his enrollment from one party to another to vote in an upcoming primary election unless the application forms were submitted within ninety days of the primary election.

Section 2. Change of enrollment shall apply to an application by a registered voter already enrolled in one party to enroll in a different party. A change of enrollment received by the board of elections less than ninety days before any primary shall be deposited in a sealed enrollment box, which shall not be opened until the first Tuesday following such primary election and then can be removed and entered into the rolls. An application for enrollment by an already registered voter who is not enrolled in any party shall be treated in the same manner as an application for registration. A voter enrolled with a political party on the ninetieth day before any primary may not enroll with a different political party prior to that primary election.

Justification

New York, along with the State of New Hampshire, has one of the longest lead times to change voter enrollment in the entire country. Is New York State protecting the primary process by preventing voters from easily changing their enrollment, or just limiting options for voters?

Current New York State Law requires a voter to change their party enrollment 30 days prior to general election preceding the primary in which they want to vote. Very simply, your change in enrollment doesn't go into effect until after a general election. New voters, however can register up until 25 days before an election whereas registered voters are subject to the lengthy enrollment deadline.

In the 1970's a group of New Yorkers prohibited from voting in party primaries because they missed the date for switching parties challenged the New York deadline, which was then the same as it is now. They argued that the timeframe was unconstitutional because it restricted their inherent rights under the 5th and 14th Amendments to affiliate with the party of their choosing.

Two lower courts ruled in Rosario v. Rockefeller that the New York's enrollment deadline was unconstitutional. But in 1973, the Supreme Court, in a five-to-four split, overturned the decision and upheld New York's primary procedures. The state's policies did not absolutely disenfranchise voters, said the Supreme Court, they merely put in place a time restriction in relation to party affiliation. However,

given the importance of primary elections in our state, the current onerous limitation on changing party registration substantially reduces voter's opportunities to participate in the political process.

Legislative history

2009-2010: S.4317/A.7940

Fiscal implications

None.

Effective date

Immediately.