N.Y. Election Law § 5-308: Enrollment; automatic voter registration

§ 5-308. Enrollment; automatic voter registration. 1. The board of

elections shall, promptly and not later than twenty-one days after

receipt of a voter registration or pre-registration application

submitted pursuant to title nine of this article by a voter registering

or pre-registering for the first time, send any such voter who did not

enroll in a party a notice and a form to indicate party enrollment. Such

notice shall offer the voter the opportunity to enroll with a party or

to decline to enroll with a party and contain the following statement in

prominent type "ONLY ENROLLED MEMBERS OF A POLITICAL PARTY MAY VOTE IN

THAT PARTY'S PRIMARIES." Such form shall provide a clear alternative for

the applicant to decline to affiliate with any party.

2. Notwithstanding subdivision two of section 5-304 of this title, if

a voter who registered to vote for the first time (or pre-registered)

pursuant to title nine of this article responds to the notice required

by subdivision one of this section and elects to enroll in a party, such

enrollment shall take effect immediately. However, any pre-registrant's

registration shall remain classified as "pending" until the voter

reaches the age of eligibility.

3. If a voter appears at a primary election and votes by affidavit

ballot indicating the intent to enroll in such party, such affidavit

ballot shall cause the voter to be enrolled immediately in that party if

the board of elections determines that the voter registered (or

pre-registered) to vote for the first time pursuant to title nine of

this article.

4. If a voter appears at a primary election and votes by affidavit

ballot indicating the intent to enroll in such party, such affidavit

ballot shall be cast and counted if the board of elections determines

that the voter registered (or pre-registered) to vote at least ten days

before that primary pursuant to title nine of this article and such

voter is otherwise qualified to vote in such election.