§ 8-302 — Voting; verification of registration

New York § 8-302

• Jurisdiction: New York
• Law ELN: Election
• Title 3: Casting the Ballot
• Art. 8: Conduct of Elections

Text

§ 8-302. Voting; verification of registration. 1. At all elections\nheld pursuant to the provisions of this chapter two inspectors\nrepresenting different political parties shall act together at all times\nin supervising the use of the registration records and in verifying the\nrights of persons to vote on the basis of such records.\n 2. The voter shall give the voter's name and the voter's residence\naddress to the inspectors. An inspector shall then loudly and distinctly\nannounce the name and residence of the voter.\n 2-a. If a voter's name appears in the ledger or computer generated\nregistration list with a notation indicating that the board of elections\nhas issued the voter an early mail, absentee, military or special\nballot, such voter shall not be permitted to vote on a voting machine at\nan early voting site or on election day but may vote by affidavit\nballot.\n 2-b. (a) If a voter's name appears in the ledger or computer generated\nregistration list with a notation indicating that the voter's identity\nwas not yet verified as required by the federal Help America Vote Act,\nthe inspector shall require that the voter produce one of the following\ntypes of identification before permitting the voter to cast his or her\nvote on the voting machine:\n (i) a driver's license or department of motor vehicles non-driver\nphoto ID card or other current and valid photo identification;\n (ii) a copy of a current utility bill, bank statement, government\ncheck, paycheck or other government document that shows the name and\naddress of the voter.\n (b) If the voter produces an identification document listed in\nparagraph (a) of this subdivision, the inspector shall indicate so in\nthe ledger or computer generated registration list, the voter will be\ndeemed verified as required by the federal Help America Vote Act and the\nvoter shall be permitted to cast his or her vote on the voting machine.\n (c) If the voter does not produce an identification document listed in\nparagraph (a) of this subdivision, the voter shall only be entitled to\nvote by affidavit ballot unless a court order provides otherwise.\n 3. (a) If an applicant is challenged, the board, without delay, shall\neither enter his name in the second section of the challenge report\ntogether with the other entries required to be made in such section\nopposite the applicant's name or make an entry next to the voter's name\nin the computer generated registration list or in the place provided in\nthe computer generated registration list.\n (b) A person who claims to have moved to a new address within the\nelection district in which he or she is registered to vote shall be\npermitted to vote in the same manner as other voters unless challenged\non other grounds. The inspectors shall enter the names and new addresses\nof all such persons in either the first section of the challenge report\nor in the place provided in the computer generated registration list and\nshall also enter the new address next to such person's address on such\ncomputer generated registration list. When the registration poll records\nof persons who have voted from new addresses within the same election\ndistrict are returned to the board of elections, such board shall change\nthe addresses on the face of such registration poll records without\ncompletely obliterating the old addresses and shall enter such new\naddresses and the new addresses for any such persons whose names were in\ncomputer generated registration lists into its computer records for such\npersons.\n (c) A person who claims a changed name shall be permitted to vote in\nthe same manner as other voters unless challenged on other grounds. The\ninspectors shall either enter the names of all such persons in the first\nsection of the challenge report or in the place provided in the computer\ngenerated registration list, in the form in which they are registered,\nfollowed in parentheses by the name as changed or enter the name as\nchanged next to such voter's name on the computer generated registration\nlist. The voter shall sign first on the registration poll record or in\nthe computer generated registration list, the name under which the voter\nis registered and, immediately above it, the new name, provided that in\nsuch registration list, the new name may be signed in the place\nprovided. When the registration poll record of a person who has voted\nunder a new name is returned to the board of elections, such board shall\nchange the voter's name on the face of each registration record without\ncompletely obliterating the old one, and thereafter such person shall\nvote only under his or her new name. If a voter has signed a new name in\na computer generated registration list, such board shall enter such\nvoter's new name and new signature in such voter's computer record.\n (d) If an applicant requests assistance in voting and qualifies\ntherefor, the board shall provide assistance as directed by this\nchapter, and shall without delay either enter such applicant's name and\nthe other entries required in the third section of the challenge report\nor make an entry next to such applicant's name in the computer generated\nregistration list or in the place provided in such registration list.\n (e) Whenever a voter presents himself or herself and offers to cast a\nballot, and he or she claims to live in the election district in which\nhe or she seeks to vote but no registration poll record can be found for\nhim or her in the poll ledger or his or her name does not appear in the\ncomputer generated registration list or his or her signature does not\nappear next to his or her name in such registration list or his or her\nregistration poll record or the computer generated registration list\ndoes not show him or her to be enrolled in the party in which he or she\nclaims to be enrolled, a poll clerk or election inspector shall consult\na map, street finder or other description of all of the polling places\nand election districts within the political subdivision in which said\nelection district is located and if necessary, contact the board of\nelections to obtain the relevant information and advise the voter of the\ncorrect polling place and election district for the residence address\nprovided by the voter to such poll clerk or election inspector.\nThereafter, such voter shall be permitted to vote in said election\ndistrict only as hereinafter provided:\n (i) He or she may present a court order requiring that he or she be\npermitted to vote. At a primary election, such a court order must\nspecify the party in which the voter is permitted to vote. The voter\nshall be required to sign their full name on top of the first page of\nsuch order, together with the voter's registration serial number, if\nany, and the voter's name and the other entries required shall then be\nentered without delay in the fourth section of the challenge report or\nin the place provided in the computer generated registration list, or,\nif such person's name appears on such registration list, the board of\nelections may provide a place to make such entry next to his or her name\non such list. The voter shall then be permitted to vote in the manner\notherwise prescribed for voters whose registration poll records are\nfound in the ledger or whose names are found on the computer generated\nregistration list; or\n (ii) They may swear to and subscribe an affidavit stating that they\nhave duly registered to vote, the address in such election district from\nwhich they registered, that they remain a duly qualified voter in such\nelection district, that their registration poll record appears to be\nlost or misplaced or that their name and/or their signature was omitted\nfrom the computer generated registration list or such record indicates\nthe voter already voted when they did not do so or that they have moved\nwithin New York state since they last registered, the address from which\nthey were previously registered and the address at which they currently\nreside, and at a primary election, the party in which they are enrolled,\nor that such voter is eligible to vote pursuant to section 8-604 of this\narticle. The inspectors of election shall offer such an affidavit to\neach such voter whose residence address is in such election district.\nEach such affidavit shall be in a form prescribed by the state board of\nelections, shall be printed on an envelope of the size and quality used\nfor an early mail ballot envelope, and shall contain an acknowledgment\nthat the affiant understands that any false statement made therein is\nperjury punishable according to law. Such form prescribed by the state\nboard of elections shall request information required to register such\nvoter should the county board determine that such voter is not yet\nregistered and shall constitute an application to register to vote. The\nvoter's name and the entries required shall then be entered without\ndelay and without further inquiry in the fourth section of the challenge\nreport or in the place provided in the computer generated registration\nlist, with the notation that the voter has executed the affidavit\nhereinabove prescribed, or, if such person's name appears in such\nregistration list, the board of elections may provide a place to make\nsuch entry next to their name in such list. The voter shall then,\nwithout further inquiry, be permitted to vote an affidavit ballot\nprovided for by this chapter. Such ballot shall thereupon be placed in\nthe envelope containing their affidavit, and the envelope sealed and\nreturned to the board of elections in the manner provided by this\nchapter for protested official ballots, including a statement of the\nnumber of such ballots. If a voter registration application for a voter\nwho casts an affidavit ballot pursuant to this subparagraph was received\nby a board of elections by the tenth day prior to the election, the\nboard shall cast and count an affidavit ballot from such voter, if\notherwise valid, notwithstanding the fact that the voter's name was\nomitted from a registration poll record or list of registered voters.\n 3-a. The inspectors shall also give to every person whose address is\nin such election district for whom no registration poll record can be\nfound and, in a primary election, to every voter whose registration poll\nrecord does not show him to be enrolled in the party in which he wishes\nto be enrolled or who claims to be incorrectly identified as having\nalready voted, a copy of a notice, in a form prescribed by the state\nboard of elections, advising such person of his right to, and of the\nprocedures by which he may, cast an affidavit ballot or seek a court\norder permitting him to vote, and shall also give every such person who\ndoes not cast an affidavit ballot, an application for registration by\nmail.\n 3-b. In every election district in which the candidates for any office\nor position in a primary election have been assigned numbers by the\nboard of elections because of identical or similar names, the inspectors\nshall also give to every person eligible to vote in such primary, a copy\nof a leaflet prepared by the board of elections which contains\nbiographical information about such candidates.\n 3-c. At the time that an individual casts an affidavit ballot, the\nappropriate state or local election official shall give the individual\nwritten information that states that any individual who casts an\naffidavit ballot will be able to ascertain under the system established\nunder subdivision four of section 9-212 of this chapter whether the vote\nwas counted, and, if the vote was not counted, the reason that the vote\nwas not counted.\n 4. At a primary election, a voter whose registration poll record is in\nthe ledger or computer generated registration list shall be permitted to\nvote only in the primary of the party in which such record shows the\nvoter to be enrolled unless the voter shall present a court order\npursuant to the provisions of subparagraph (i) of paragraph (e) of\nsubdivision three of this section requiring that the voter be permitted\nto vote in the primary of another party, or unless the voter shall\npresent a certificate of enrollment issued by the board of elections,\nnot earlier than one month before such primary election, pursuant to the\nprovisions of this chapter which certifies that the voter is enrolled in\na party other than the one in which such record shows the voter to be\nenrolled, or unless he or she shall subscribe an affidavit pursuant to\nthe provisions of subparagraph (ii) of paragraph (e) of subdivision\nthree of this section.\n 5. Except for voters unable to sign their names, no person shall be\npermitted to vote without first identifying himself or herself as\nrequired by this chapter.\n