S. 2740 2 chapter [after the previous general election] DURING THE NINETY DAYS PRIOR TO A PRIMARY ELECTION and who registers pursuant to the provisions of this chapter after such cancellation shall not be placed in such poll ledger or such voters' names shall not appear on such a computer gener- ated registration list until after the [fall] NEXT primary election, unless such voter has enrolled with the same party as the enrollment on the registration which was so cancelled. The registration poll record of a voter who is not eligible to vote in a primary election but who is eligible to vote in a special election held before such primary election shall be placed in its regular place in the poll ledger or in a special section of such poll ledger for such special election as the board of elections, in its discretion, shall provide, or such name shall appear in its regular place on the computer generated registration list prepared for use in such special election. Such poll record shall be removed from such poll ledger or computer generated registration list immediately after such special election. S 2. Section 5-304 of the election law, subdivision 1 as amended by chapter 147 of the laws of 1982, subdivision 3 as amended by chapter 90 of the laws of 1991 and subdivision 4 as amended by chapter 62 of the laws of 2010, is amended to read as follows: S 5-304. Enrollment; change of enrollment or new enrollment by previ- ously registered voters. 1. A registered voter may change his enrollment in the manner prescribed by this section. 2. The term "change of enrollment" shall apply to applications by a registered voter already enrolled in one party to enroll in a different party[, or to delete his enrollment in any party, or an application by a registered voter not enrolled in any party to enroll in a particular party]. 3. A change of enrollment received by the board of elections [not later than the twenty-fifth day] LESS THAN NINETY DAYS before [the general] ANY PRIMARY election shall be deposited in a sealed enrollment box, which shall not be opened until the first Tuesday following such [general] PRIMARY election. Such change of enrollment shall be then removed and entered as provided in this article. 4. Registered voters may apply for change of enrollment personally by mail to or by appearing before a county board of elections or by appear- ing before a board of inspectors. If the applicant has appeared in person and if the board finds that he or she is properly registered, it shall provide the applicant with an application form for voter registra- tion by mail which shall be treated as an application for change of enrollment filed pursuant to this section. If the voter has applied personally by mail, the county board of elections shall mail him or her an application form for voter registration by mail as provided by this chapter. If a registered voter submits an application form for registra- tion or enrollment as provided by this chapter, from the residence address from which he or she is then registered, and such form reflects a change of enrollment, the county board of elections shall treat such form as an application for change of enrollment filed pursuant to this section. If such application form also sets forth a new address within the same city or county, the board of elections shall also treat such form as an application for transfer of registration pursuant to section 5-208 of this article. If a voter has cast a ballot in an affidavit ballot envelope on which such voter claims a party enrollment different from the enrollment in the records of the board of elections, such affi- davit shall be treated as an application for change of enrollment. S. 2740 3 5. 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 UNDER SECTION 5-210 OF THIS ARTICLE, EXCEPT AS DESCRIBED IN SUBDIVISION SIX OF THIS SECTION. 6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A VOTER ENROLLED WITH A POLITICAL PARTY ON THE NINETIETH DAY BEFORE ANY PRIMARY ELECTION MAY NOT ENROLL WITH A DIFFERENT POLITICAL PARTY PRIOR TO THAT PRIMARY ELECTION. S 3. This act shall take effect immediately.