Bill > S185

Introduced Session

This bill allows any voter to vote in any political party primary election by changing his or her political party affiliation at the polling place on primary election day. The bill also allows voters who vote by mail-in ballot in the primary election to complete any political party's primary ballot. Under current law, voters who are unaffiliated with any political party because they did not declare a political party affiliation on their voter registration form are permitted to vote in the primary election of any political party, and once they do so they become a member of that political party. Current law also provides that voters who declared a political party affiliation are permitted to vote only in the political party primary of that party. However, if a voter affiliated with one political party wants to participate in the primary election of another political party, they may do so by declaring affiliation with that other party by filing a new voter registration form or a political party affiliation declaration form on or before the 55th day preceding the primary election. Under this bill, any voter would be permitted to vote in the primary election of any political party, regardless of their declared political party affiliation on record. The bill provides that voters who vote in person would be permitted to choose the political party primary they wish to vote in at the polling place on primary election day. If a voter wishes to vote in another party's primary than that of their affiliation on record, the voter may file a political party affiliation declaration form at the polling place. Under the bill, voters who vote by mail-in ballot in the primary election would be permitted to complete the ballot for any political party, and the voter's completion and return of that ballot would constitute a new political party affiliation. As required under current law, a voter may complete only one political party primary ballot. This bill therefore establishes an open primary process in this State by eliminating the 55-day deadline for political party membership changes and allowing any registered voter to participate in the political party primary of the voter's choice. Under the bill, the update of political party affiliation is retained for record-keeping purposes.

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Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/11/2022)

Official Document