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S2338Senate2019-2020 SessionSame asA1423

Update Voter Enrollment Deadlines

Official title

“Relates to procedures for change of enrollment”

Status
In Senate Committee
Elections
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Elections

What's happening

This bill updates the rules for when voter enrollment changes take effect, making them effective sooner before elections.

Why it matters

  1. Shortens the waiting period for voter enrollment changes to take effect, allowing voters to participate in primary, general, or special elections sooner after updating their party affiliation. This can empower voters to more actively participate in the party of their choice, especially if they switch affiliations close to an election.

  2. Provides clear deadlines and procedures for when changes are considered effective, including distinctions for changes submitted by mail (using postmark dates) versus those delivered in person. This can reduce confusion about eligibility and helps ensure fairness in how applications are processed.

  3. Allows faster processing of enrollment changes specifically for special elections, making it easier for newly enrolled or switched voters to participate in unexpected or off-cycle contests. This improves responsiveness to urgent political developments and increases electoral flexibility.

  4. Modernizes and streamlines election administration by removing outdated requirements (such as the sealed enrollment box and waiting until after the general election to process changes), potentially reducing administrative burden and improving transparency. This can also help boards of elections keep more accurate and up-to-date voter rolls.

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Who cares

Headline styles

Update Voter Enrollment Deadlines

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Kavanagh

Senator · Senate District 26

Chair, Housing, Construction And Community Development

History

  1. Referred to elections
  2. Referred to elections

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1423Assembly

Speed Up Party Enrollment Changes

In Assembly Committee · Election Law · Sponsor Jo Anne Simon

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2338

2019-2020 Regular Sessions

IN SENATE

January 24, 2019

Introduced by Sens. KAVANAGH, KENNEDY -- 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 change of enrollment

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 3 of section 5-304 of the election law, as amended by chapter 90 of the laws of 1991, is amended to read as follows:

3. A change of enrollment received by the board of elections, showing a dated cancellation mark of the United States Postal Service, or contained in an envelope showing such a dated cancellation mark which is dated not later than the twenty-fifth day before the [general election shall be deposited in a sealed enrollment box, which shall not be opened until the first Tuesday following such general election. Such change of enrollment shall be then removed and entered as provided in this article] next ensuing primary, general, or special election, and received no later than the twentieth day before such election, or delivered in person to such county board of elections not later than the tenth day before a special election, shall have such change of enrollment effective for such election. Enrollment changes shall be entered as provided in this article and will be deemed to take effect on the twenty-fifth day after such change of enrollment is received by the board of elections or if the change of enrollment, or the envelope containing it, bears a dated cancellation mark of the United States Postal Service, such change shall be entered and will be deemed to take effect on the twenty-fifth day after the date of such mark, whichever is earlier; except that no change will take effect sooner than the twentieth day after the receipt of such change of enrollment by the board of elections except with regard to special elections as provided in this subdivision.

§ 2. This act shall take effect on the sixtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01808-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the election law, in relation to change of enrollment

Purpose

Under current law, when a registered voter seeks to change his/her party enrollment to a different party, enroll in a party (when not previously enrolled in any party), or to end his/her enrollment in a party, the effective change of that enrollment is deferred until the first Tuesday following the general election. As a result, voters wishing to make such changes of enrollment may have to wait as long as thirteen months to see their changes of enrollment take effect. Under this bill, changes of enrollment would take effect twenty-five (25) days after such changes were applied for. This new timeframe would coincide with the deadlines for voter registration thus simplifying the process for both voters and county boards of elections.

Summary of provisions

Section 1 amends Subdivision 3 of Section 5-304 of the election law to make changes of enrollment effective twenty-five (25) days after they are applied for.

Section 2 sets the effective date.

Justification

Of paramount importance in a democratic society is not just to be able to vote for the candidate of one's choice but also to be able to select the candidates who appear on the ballot. In fact, in many instances this selection is more significant than the general election itself. In New York, voters get to partake in this selection process by means of prima- ry elections. Unfortunately, many voters discover that they are unable to vote in the party primary of their choice because they are not enrolled in the party whose primary they wish to vote in.

Voters who seek changes of enrollment discover that such changes would not be effective until after the November elections, not in time to be able to vote in the Presidential Primaries themselves. For example, voters who wished to change their party enrollment to vote in the April 19, 2016 Presidential Primary, would have had to apply for a change of enrollment 193 days before the Presidential Primary, according to a 2016 report released by the New York State Office of the Attorney General. The report stated that one of the major "barriers to voter access" in NYS are the "extremely restrictive deadlines for party enrollment," and referenced this bill as a solution.

This bill would ensure that voters are fully able to partake in all steps of the electoral process; including the candidate selection proc- ess.

Legislative history

2018: S7109/A10842 - REFERRED TO ELECTIONS/ referred to election law 2017: S2940/A5943 - REFERRED TO ELECTIONS/ stricken 2016: S570/A5777 - REFERRED TO ELECTIONS/ referred to election law 2015: S570/A5777 - REFERRED TO ELECTIONS/ referred to election law

Fiscal impact on the state

None.

Effective date

This act shall take effect sixty days after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.