N.Y. ELN Law § 5-308

§ 5-308. Enrollment; automatic voter registration. 1. The board of\nelections shall, promptly and not later than twenty-one days after\nreceipt of a voter registration or pre-registration application\nsubmitted pursuant to title nine of this article by a voter registering\nor pre-registering for the first time, send any such voter who did not\nenroll in a party a notice and a form to indicate party enrollment. Such\nnotice shall offer the voter the opportunity to enroll with a party or\nto decline to enroll with a party and contain the following statement in\nprominent type "ONLY ENROLLED MEMBERS OF A POLITICAL PARTY MAY VOTE IN\nTHAT PARTY'S PRIMARIES." Such form shall provide a clear alternative for\nthe applicant to decline to affiliate with any party.\n 2. Notwithstanding subdivision two of section 5-304 of this title, if\na voter who registered to vote for the first time (or pre-registered)\npursuant to title nine of this article responds to the notice required\nby subdivision one of this section and elects to enroll in a party, such\nenrollment shall take effect immediately. However, any pre-registrant's\nregistration shall remain classified as "pending" until the voter\nreaches the age of eligibility.\n 3. If a voter appears at a primary election and votes by affidavit\nballot indicating the intent to enroll in such party, such affidavit\nballot shall cause the voter to be enrolled immediately in that party if\nthe board of elections determines that the voter registered (or\npre-registered) to vote for the first time pursuant to title nine of\nthis article.\n 4. If a voter appears at a primary election and votes by affidavit\nballot indicating the intent to enroll in such party, such affidavit\nballot shall be cast and counted if the board of elections determines\nthat the voter registered (or pre-registered) to vote at least ten days\nbefore that primary pursuant to title nine of this article and such\nvoter is otherwise qualified to vote in such election.\n