§ 5-306 — Enrollment; correction of

New York § 5-306

• Jurisdiction: New York
• Law ELN: Election
• Title 3: Enrollment
• Art. 5: Registration and Enrollment of Voters

Text

§ 5-306. Enrollment; correction of. 1. If, after being regularly\nregistered in an election district, a voter discovers he has made a\nmistake when enrolling, he may within one year from the date of his last\nregistration apply to the board of elections of the county or city in\nwhich he resides for a correction of the mistake made by him when\nmarking his enrollment blank, by filing his affidavit setting forth\nsubstantially as follows: how he is enrolled, and the town or city,\nelection district, and when required, the ward or assembly district, in\nwhich he is registered, the street address, if any, from which he was\nregistered, a statement, in substance, that his current enrollment blank\nwas not marked correctly and that he did not intend to be so enrolled;\nthe name of the party with which he did intend to enroll and which he\ndesires to be entered on the registration records; a statement that he\nhas been duly and regularly enrolled with the party whose name he\ndesires entered on his registration records for at least five years\nimmediately preceding the registration at which such mistake occurred or\nthat he was not registered for all or part of such five year period; the\ncounty or counties and the addresses at which he resided when he was so\nenrolled; that he is in general sympathy with the principles of the\nparty with which he requests to be enrolled and intends to support\ngenerally its nominees at the next general election, and a statement\nthat he has not enrolled in any party or participated in any primary\nelection or convention of any party during the past five years, other\nthan the one with which he requests to be enrolled.\n 2. If the applicant's certificate or, the registration records in the\noffice of such board show the applicant to have been registered during\nsuch five year period elsewhere in the state of New York the board shall\nrequire the applicant to produce a certified transcript of his\nenrollment, if any, in such other jurisdiction within the state\naccompanied with proof, by affidavit, showing his identity with the\nperson whose name appears in such transcript. If the records of any\nboard of elections within the state show the applicant to have been\nenrolled during such five year period in any party other than the one\nwith which he requests to be enrolled, or to have been registered but\nnot enrolled, the application for correction of enrollment shall be\ndenied.\n 3. A voter may correct their enrollment pursuant hereto on any of the\ndays the board is open for registration. A correction made during the\nnine-day period preceding a primary election shall not be effective for\nsuch election.\n 4. Where such application for correction of enrollment is approved,\nthe board of elections shall enter the date of filing of the voter's\naffidavit along with the new party of enrollment in the spaces provided\nfor entering enrollments on the back of his registration poll record or\nin the computer file from which the computer generated registration\nlists are prepared and the words "Enrollment Corrected" shall be entered\nin the remarks space therein. If requested by any member of the board,\nthe correction of enrollment of any voter, or group of voters, must be\napproved by two such board members or two employees of the board\nrepresenting different political parties. Such members or employees\nshall place their initials or other identifying information on the\nregistration poll record of such voter, or on a computer generated list\nof such corrections of enrollment. Such lists shall be preserved in the\nsame manner, and for the same time, as such registration poll records.\nThe board shall file such affidavit in a file specially maintained for\nthat purpose.\n