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A09661 Summary:

BILL NOA09661
 
SAME ASNo Same As
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Amd 1-104, add 2-123, El L
 
Permits persons registered to vote, but not enrolled in a party, to vote in the presidential primary; defines "undeclared voter".
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A09661 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9661
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the election law, in relation to permitting persons registered to vote but not enrolled in a party to vote in the presidential primary   PURPOSE: To allow for open presidential primaries in New York State by permitting persons registered to vote, but not enrolled in a party, to vote in the presidential primary.   SUMMARY OF PROVISIONS: Section 1-104 of the Election Law is amended by adding a new subdivision 38 defining the term "undeclared voter" to mean a person registered to vote and who is not enrolled in a party pursuant to Article 5 of this chapter relating the registration and enrollment of voters. Section 2. Amends the Election Law by adding a new Section 2-123 estab- lishing guidelines relating to open presidential primaries for unde- clared voters in New York State.   JUSTIFICATION: Currently, voters may only vote in a primary election for candidates of their same registered political party. Non-partisan and independent voters do not have the ability to participate in the nominating process, thereby, suppressing voter turnout and hindering participation in the election process. This legislation would amend the Election Law to define the term "undeclared voter" to mean a person registered to vote and who is not enrolled in a political party to vote in the presidential primary of any party. This will give all registered voters in New York State the opportunity to actively participate in the democratic nomi- nation process of a candidate in a presidential primary.   LEGISLATIVE HISTORY: 2016: New Legislation   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A09661 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9661
 
                   IN ASSEMBLY
 
                                     March 24, 2016
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to  amend  the  election law, in relation to permitting persons
          registered to vote but not enrolled in a party to vote in  the  presi-
          dential primary
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1-104 of the election law is amended  by  adding  a
     2  new subdivision 38 to read as follows:
     3    38.  The term "undeclared voter" means a person registered to vote and
     4  who is not enrolled in a party pursuant to article five of this chapter.
     5    § 2. The election law is amended by adding a new section 2-123 to read
     6  as follows:
     7    § 2-123. Open presidential primaries. Notwithstanding any provision of
     8  law to the contrary, after the effective date of this section, an  unde-
     9  clared  voter  shall be permitted to vote in the presidential primary of
    10  any party. Such undeclared voter  may  only  vote  in  the  presidential
    11  primary  of  one  party. Such undeclared voter shall select the party in
    12  which the voter wishes to cast such a ballot on the day of the presiden-
    13  tial primary at the polling place of the undeclared voter  at  the  time
    14  such voter seeks to cast a ballot.
    15    § 3. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14754-01-6
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