§ 8-402 — Absentee voting; review of application by board of elections

New York § 8-402

• Jurisdiction: New York
• Law ELN: Election
• Title 4: Absentee Voting
• Art. 8: Conduct of Elections

Text

§ 8-402. Absentee voting; review of application by board of elections.\n1. Upon receipt of an application for an absentee ballot the board of\nelections shall forthwith determine upon such inquiry as it deems proper\nwhether the applicant is qualified to vote and to receive an absentee\nballot, and if it finds the applicant is not so qualified it shall\nreject the application after investigation as hereinafter provided.\n 2. The county board of elections, whenever it is not satisfied from an\nexamination of an application for an absentee ballot that the applicant\nis entitled to such a ballot, may order an investigation through any\nofficer or employee of the state or county board of elections, police\nofficer, sheriff or deputy sheriff, or a special investigator appointed\nby the state board of elections pursuant to the provisions of this\nchapter and, if it deems necessary, may exercise the powers to issue\nsubpoenas and administer oaths which are conferred upon it by this\nchapter.\n 3. An affidavit or a signed statement executed by any person\nauthorized to conduct an investigation pursuant to this section which\nindicates that the applicant for an absentee ballot meets or fails to\nmeet any of the requirements entitling the applicant to same shall be\nsufficient authority for a determination by the board as to the\napplicant's right to an absentee voter's ballot, but shall not preclude\nthe board from making such other determination as it shall deem proper.\nSuch affidavit or statement shall contain sufficient information to\npermit verification of the information contained in the statement and\nidentification of the source.\n 4. Any investigation shall be concluded and determination made as to\nall applicants not later than the day before the election for which a\nballot is first requested, or if such ballot is to be sent by mail, such\ndetermination shall be made at a time which will afford sufficient time\nfor the transmission of the ballot to the voter, one secular day for the\nvoter to mark such ballot and execute the statement of absentee voter,\nand time for the return of such ballot to the board of elections by the\ndeadline for its receipt. If the board can not complete its\ninvestigation within the time provided for herein, it shall, if it finds\nthe voter to be duly registered, deliver to such applicant an absentee\nballot.\n 5. If the board shall determine that the applicant is not entitled to\nan absentee ballot it shall immediately notify the applicant, giving him\nthe reason for such rejection.\n 6. In the case of a primary election, the board shall deliver only the\nballot of the party in which the records of the board of elections show\nthe applicant to be enrolled. In the event a primary election is\nuncontested in the applicant's election district for all offices or\npositions except the party position of member of the ward, town, city or\ncounty committee, no ballot shall be delivered to such applicant for\nsuch election; and the applicant shall be advised why he is not being\nsent a ballot.\n 7. The board shall keep a record of applications for absentee ballots\nas they are received, showing the names and residences of the\napplicants, and their party enrollment in the case of primary elections,\nand, as soon as practicable shall, when requested, give to the chairman\nof each political party or independent body in the county, and shall\nmake available for inspection to any other qualified voter upon request,\na complete list of all applicants to whom absentee voters' ballots have\nbeen delivered or mailed, containing their names and places of residence\nas they appear on the registration record, including the election\ndistrict and ward, if any, and in the city of New York and the county of\nNassau, the assembly district, and their party enrollment in the case of\nprimary elections.\n