OMB Control No. 3265-0006 1 Expiration Date 04/30/2017 

U.S. ELECTION ASSISTANCE COMMISSION 

 2014 Election Administration & Voting Survey 

New York 

Statutory Overview

 

In order to better understand state laws governing federal elections, the U.S. Election 

Assistance Commission, as part of its biennial Election Administration and Voting 

Survey, is collecting information on state election laws and procedures. These answers 

will help EAC to better understand the quantitative data relating to the 2014 general 

election that we are collecting from all U.S. states and territories. 

EAC understands that responding to this Statutory Overview may require significant 

staff time on the part of your office. Please be assured that we have attempted to 

minimize the burden, and we appreciate your cooperation in this very important 

project. 

Information Supplied By 

Name

 Anna E. Svizzero, on behalf of Co-Executive Directors 

Robert A. Brehm and Todd D. Valentine 

Title Director of Election Operations 

Office/Agency Name New York State Board of Elections 

Address 1 40 N. Pearl Street 

Address 2 

City Albany 

State New York 

Zip Code 12207 

Email Address Anna.svizzero@elections .ny.gov 

Telephone (area Code and number) 518-473-5086 

Fax Number (area code and number) 518-486-4546 
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DIRECTIONS AND EXAMPLE 

Please provide your state’s legal citation for the responses to these questions (where 

applicable). Prior to beginning the Statutory Overview, please ensure that “track 

changes” is turned on; this will provide a record of all changes that are made including 

insertions, deletions, and formatting changes. To turn on track changes hold down 

“Control” and “Shift” and “E” at the same time. For additional assistance in working 

with “track changes” please contact your Technical Assistance point of contact at ICF 

International. 

Please answer each question to the best of your ability. If terms are ambiguous or not 

relevant, please explain why. If a question is not applicable to your state, please explain 

why. If a definition or term lacks statutory reference but is widely understood in 

practice, please explain. If election procedures vary at the local level within your state, 

please explain to the best of your ability. 

We have provided you with your answers to the 2012 Statutory Overview. If there has 

not been a change in your State’s laws or legal citation in the response to a question, 

please mark No Change Since 2012 with an “X” as shown below: 

__X__ No Change Since 2012 

If the response has changed since 2012, please mark Changed Since 2012 with an “X” 

and modify the answer as needed using track changes. If you need to replace the entire 

answer, please delete the 2012 response and record your 2012 response between the red 

bracketed text lines, as described below. 

__X__ Changed Since 2012 

Please answer each question to the best of your ability. If terms are ambiguous or not 

relevant, please explain why. If a question is not applicable to your state, please explain 

why. If a definition or term lacks statutory reference but is widely understood in 

practice, please explain. If election procedures vary at the local level within your state, 

please explain to the best of your ability. 

If state laws are currently enjoined or otherwise blocked from enforcement by a state or 

federal court, or executive decision, please specify. 

Please put your responses between the red, bracketed text lines. This will help us 

extract your answers into our central database. 

 
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Example: 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote 

[Begin definition (a) below this line.] 

Your answer goes here. You may enter the text directly, or cut and paste from 

another word processing program. 

There is no limit to the length of your response. 

[End definition (a) above this line.] 
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SECTION A: GENERAL 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable. 

a. Over-vote 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin definition (a) below this line.] 

Occurs when a contest is marked with a greater number of choices for different 

candidates or ballot questions, than the number for which the voter is lawfully 

entitled to vote. 

[End definition (a) above this line.] 

b. Under-vote 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin definition (b) below this line.] 

Occurs when a contest is marked with a lesser number of choices of candidates or 

ballot questions, than the number for which the voter is lawfully entitled to vote. 

[End definition (b) above this line.] 

c. Blank ballot 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin definition (c) below this line.] 

See “UNDERVOTE” 

[End definition (c) above this line.] 

d. Void/Spoiled ballot 

_X___ No Change Since 2012 _____ Changed Since 2012 
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2012 Response: 

[Begin definition (d) below this line.] 

In an Election Day context, a ballot is voided or spoiled by the voter in order to 

correct a problem, (in an OpScan system, to correct an overvote, for example). 

In a cast ballot context, a ballot may be voided due to the appearance on the ballot 

of an ambiguous or extraneous mark, or the casting of votes for multiple 

candidates running for the same office. 

[End definition (d) above this line.] 

e. Provisional/Challenged ballot 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin definition (e) below this line.] 

Called an affidavit ballot in NY, it is cast when a voter’s name does not appear in 

an election day poll book; when a voter has just moved into the election district 

(precinct) but has not previously advised the county board of that move; when a 

voter is required to provide ID but does not do so; in a primary election, when a 

voter’s party enrollment does not match the enrollment noted in the poll book. 

[End definition (e) above this line.] 

f. Absentee 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin definition (f) below this line.] 

Voters may cast an absentee ballot because they cannot be at their poll site due to 

their being out of their home county on election day, or if a resident of the City of 

New York, outside of such city, ill or disabled and thus unable to appear at the 

poll site; their being a patient at a VA facility; in jail or prison awaiting trial; or 

being an accompanying spouse, parent or child. These absentee qualifications 

Now include absentee voting for persons who are caregivers of those who are ill 

or disabled. 

See NYS Election Law § 8-400 

[End definition (f) above this line.] 
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g. Early voting 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin definition (g) below this line.] 

Not permitted in NY 

[End definition (g) above this line.] 

h. Active Voter 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin definition (h) below this line.] 

A registered voter who is neither inactive nor cancelled 

[End definition (h) above this line.] 

i. Inactive Voter 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin definition (i) below this line.] 

A voter who has failed to respond to a confirmation notice, and has neither been 

restored to active status nor been cancelled 

[End definition (i) above this line.] 

j. Other terms (please specify) ________________ 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Identify each TERM and definition separately and begin below this line.]

[End TERM(s) and definition(s) above this line.] 
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A2. Please provide the legal citation for any significant changes to election laws or 

procedures that have been enacted or adopted since the previous Federal election. 

“Significant” does not include routine or technical changes (such as changes to election 

district boundaries or polling place changes). However, EAC would like to learn about 

any new identification requirements for voters or registrants; changes in eligibility for 

voting or registering; adoption of alternative voting methods; and other changes that 

you believe represent a significant change in the way your state runs its elections. 

____ No Change Since 2012 __X___ Changed Since 2012 

2012 Response: 

[Begin response to above question (A2) below this line.] 

The following changes to New York State Election Law may be of interest: 

From 2014; 

Chapter 254, which prohibits candidates from serving as watchers in poll sites where their 

name appears on that site’s corresponding ballot(s). 

Chapter 55, which creates the position of chief enforcement counsel of the State Board of 

Elections, establishes matching financing for statewide public office and makes amendments 

to campaign contribution limits and penalties for violations. 

[End response to above question (A2) above this line.] 
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SECTION B: VOTER REGISTRATION 

B1. Is your state’s voter registration database system best described as a bottom-up, a 

top-down, or a hybrid? (Note: A bottom-up system generally uploads information 

retained at the local level and compiled at regular intervals to form the statewide voter 

registration list. A top-down system is hosted on a single, central platform/mainframe 

and is generally maintained by the state with information supplied by local 

jurisdictions. A hybrid is some combination of both systems described above.) 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (B1) below this line.]

Bottom-up 

[End response to above question (B1) above this line.] 

If your state uses a bottom-up or hybrid system, how often do local jurisdictions 

transmit registration information to the state list? 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above clarification question to B1 below this line.]

Near-real time 

[End response to above clarification question to B1 above this line.] 

B2. Please describe the process used in your state to move voters from the active list to 

the inactive list, and from the inactive list to the active list. Is a different process used 

for UOCAVA voters? 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (B2) below this line.]

Adding, changing, cancelling or removing voter registration records is conducted only by 

local boards of elections to voter records within their respective jurisdictions. This includes 

Active and Inactive status updates. Whenever a local board of elections receives a notice 

through the US Postal Service or through its NCOA system indicating a potential voter move 

to a residence address outside of such local board jurisdiction, or may have moved without 

leaving a forwarding address, the board of elections shall send such voter a Confirmation 
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Notice pursuant to Sections 5-213 and 5-712 of the NYS Election Law and places the record 

in Inactive status. The board of elections shall restore the registration record to Active status 

if the voter notifies such board that he or she still resides at the address from which he or she 

is registered, or the board finds that such voter has validly signed a designating or nominating 

petition, which states that they reside at the same address, or if the voter casts a ballot in an 

affidavit envelope which states that they reside at such address. 

The statewide voter registration list (NYSVoter) also identifies possible duplicate voter 

registrations upon a match of an applicant’s first three letters of the first name and the first 

five letters of the last name, date of birth, and if available, other identification information. If 

such information indicates that a voter may have moved, the county board with the earlier 

dated registration record shall update the respective voter record status as Inactive and send a 

Confirmation Notice. 

Upon restoring a voter’s registration record to active status, the board of elections sends to 

voter, by first class forwardable mail, a notice advising the voter of the restoration. 

This process is also used for UOCAVA voters. 

[End response to above question (B2) above this line.] 

B3. Please describe your state’s process for removing voters from the voter registration 

rolls (not merely moving them from active to inactive). Please include information 

regarding notices and confirmations. Are these procedures the same for UOCAVA 

voters? 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (B3) below this line.]

Whenever a county board has reason to believe that a registered voter may no longer be 

qualified to vote, it shall, before cancelling his or her registration, notify such voter by first 

class forwardable mail to the address from which he or she was last registered, providing the 

voter with a fourteen day time period to state in writing or in person, the reasons why their 

registration record should not be cancelled. If after such time, the board is not satisfied that 

the voter is qualified to remain registered, the board shall cancel the registration. 

This process is also used for UOCAVA voters. 

[End response to above question (B3) above this line.] 

B4. Can your state’s voter registration database (or equivalent) share information 

electronically with your state’s driver’s license agency (for example, to match records 

or trace changes in address)? Can your voter registration database be similarly linked 

with databases in any other state or federal agencies? Please describe these links, 

including any use of database matching to verify voter registration applications. 
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__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (B4) below this line.]

The system is linked with DMV, to verify driver’s license ID number and the last 4 digits of 

an applicant’s SSA number. 

[End response to above question (B4) above this line.] 

B5. Please describe how your state uses National Change of Address (NCOA). What has 

been your state’s experience with NCOA? 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (B5) below this line.]

Files are sent annually to a certified NCOA vendor, and processed records are returned to the 

SBOE. Records are then “transmitted” to county election officials via New York’s statewide 

database, called NYSVoter, who determine if NCOA info provided is sufficient to modify a 

voter record. Counties send out transfer and/or confirmation mailings, as appropriate. 

[End response to above question (B5) above this line.] 

B6. Please describe your state’s voting eligibility requirements as they relate to 

individuals with a felony conviction. (For example, are convicted felons allowed to vote 

while in prison or while on parole or probation? Are voting rights automatically 

restored or does the individual have to apply for a pardon, certificate of eligibility or 

other similar certificate? Does an individual whose voting rights have been restored 

have to produce documentation of his/her status when registering to vote?) 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (B6) below this line.]

A voter’s registration is cancelled when convicted of a felony and sentenced to a term of 

imprisonment. A voter may reapply for registration, as same is not automatically restored. A 

voter on parole may not reapply, however a voter on probation may reapply for registration. 

[End response to above question (B6) above this line.] 
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B7. Does your state currently use the Internet in any way to facilitate voter 

registration? If yes, please describe how your state allows voters to use the Internet in 

the registration process (e.g., entire registration completed online; completed online but 

then must be printed, signed, and mailed by voter, etc.). 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (B7) below this line.]

At present, New York’s Department of Motor Vehicles intends to share electronically with 

county boards of elections, the DMV’s NVRA voter registration transactions. New York still 

requires that voter registration forms directly submitted by voters to boards of elections may 

be completed online, but they must be printed out, signed, and mailed to the voter’s board of 

elections, as electronic transmission is not permitted in NY, apart from the DMV’s upgraded 

NVRA component. 

[End response to above question (B7) above this line.]
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SECTION C: ELECTION ADMINISTRATION 

C1. Please describe how all votes cast at a place other than the voter’s precinct of 

registration are tabulated (for example, please include descriptions of such votes as 

absentee ballots, mail-in ballots, votes cast at vote centers, provisional ballots, early 

voting locations, etc.). 

a. Are the votes counted centrally or at the precincts? 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (a) below this line.]

Emergency ballots are tabulated at the poll sites, while absentee and provisional 

ballots are counted centrally. 

[End response to above question (a) above this line.] 

b. If centrally tabulated, are the votes redirected to the appropriate precinct for 

reporting in the canvass? 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (b) below this line.]

YES – though not redirected on election night, centrally tabulated votes are added to 

that specific precinct’s original canvass, as part of the recanvass process, which 

begins 7 days after Election Day. 

[End response to above question (b) above this line.] 

c. Are the absentee, mail, etc., votes reported separately for each precinct, or 

are they added to the in-precinct results and reported as just a single 

number? 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (c) below this line.]

They appear separately on the county board’s original canvass sheet, but for reporting 

and publication by the State Board, they are aggregated. 
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[End response to above question (c) above this line.] 

d. How are UOCAVA ballots counted and reported? 

_X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (d) below this line.]

In the same manner as other absentee ballots. 

[End response to above question (d) above this line.] 

C2. Does your state require a reason for voting absentee, or does your state allow noexcuse absentee voting? (If a reason is required, please provide the legal citation.) 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (C2) below this line.]

YES – see ABSENTEE, in Section A, above 

[End response to above question (C2) above this line.] 

C3. Does your state provide for in-person early voting? If so, how is early voting 

defined? When early voting is used, are the ballots counted at the precinct or at a 

central location? How are these votes reported? 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (C3) below this line.]

NO – early voting is not permitted in New York 

End response to above question (C3) above this line.] 

C4. Do any jurisdictions in your state use a vote-by-mail system to replace (and not 

merely supplement) at-the-precinct voting in any elections? 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (C4) below this line.]
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NO 

[End response to above question (C4) above this line.] 

C5. Please list each of the situations that require a provisional ballot in your state. 

Please provide the relevant legal citation for each situation. 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (C5) below this line.]

Called an affidavit ballot in NY, it is cast when a voter’s name does not appear in an election 

day poll book; when a voter has just moved into the election district (precinct) but has not 

previously advised the county board of that move; when a voter is required to provide ID but 

does not do so; in a primary election, when a voter’s party enrollment does not match the 

enrollment noted in the poll book. See NYS Election Law § 8-302. 

[End response to above question (C5) above this line.] 

C6. Does your state count provisional ballots of voters who are registered in different 

precincts, or are those ballots automatically rejected? Please describe the process used 

by local election officials in determining whether to count a provisional ballot. 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (C6) below this line.]

If research at the county board supports the claim the voter makes in their oath on the ballot 

envelope, the ballot will be counted. If research proves otherwise, the ballot is not counted. 

Provisional ballots cast by voters who were in the correct poll site but at the wrong voter 

sign-in table, will be counted, however only those contests and questions which the two 

different districts had in common will be counted. 

See Election Law, Sections 5-403, 9-209 

[End response to above question (C6) above this line.] 

C7. Please describe your state’s laws regarding post-election audits, if any. A postelection audit refers to hand-counting votes on paper records and comparing those 

counts to the corresponding vote counts originally reported, as a check on the accuracy 

of election results, and resolving discrepancies using accurate hand counts of the paper 

records as the benchmark. 
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If your state has post-election auditing, consider including in your response information 

such as the unit being audited (e.g., precincts, machines); the sampling method (e.g., 

fixed percentages); whether there is a specific trigger for the audit; the location of the 

random selection (e.g., state, county); and the races that can be audited. 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (C7) below this line.]

New York requires a complete recanvass of machine and paper ballots cast at each election – 

one of the few states to do so. In addition to this complete recanvass process, New York has 

provided for a post-election audit which requires a random selection of 3% of the scanners 

used in an election, from which the voter-verifiable audit records of those voting machines or 

systems within the jurisdiction of the board, will be manually counted. 

See Election Law 9-208, 9-211, and Regulations, Part 6210.18 

[End response to above question (C7) above this line.] 

C8. Please describe any state requirements for poll worker training. 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (C8) below this line.]

The State provides to county boards and poll workers, a statewide curriculum, and web-based 

training programs. Poll workers serve one-year terms, must be trained annually, and must 

pass an exam prior to their certification as a poll worker. 

See Election Law 3-412 

[End response to above question (C8) above this line.] 
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SECTION D: ELECTION DAY ACTIVITIES 

D1. Please describe your state’s process for capturing “over-vote” and “under-vote” 

counts. 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (D1) below this line.]

County boards of elections canvass and report votes to the State Board. At present, they are 

aggregated when reported to the State, however blanks, voids, and other votes can be 

reported separately, then be aggregated for reporting purposes. 

[End response to above question (D1) above this line.] 

D2. What identification does your state require from voters in the following situations: 

a. registering to vote; 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (a) below this line.]

Driver’s license or non-driver ID number, or last 4 of SSN, however if an applicant 

has neither, several forms of ID can be provided/presented: valid photo ID, current 

utility bill, bank statement, government check, paycheck, or government document 

that shows the name and address of the voter. 

See Election Law 5-210 

[End response to above question (a) above this line.] 

b. casting an in-person ballot; 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (b) below this line.]

Signature comparison in poll book, however if such record is flagged as “ID 

REQUIRED” the above list applies 

[End response to above question (b) above this line.] 
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c. casting a mail-in or absentee vote; 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (c) below this line.]

NONE 

[End response to above question (c) above this line.] 

d. casting a ballot under UOCAVA; 

_X___ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (d) below this line.]

NONE 

[End response to above question (d) above this line.] 

e. any other stage in registration or voting process in which identification is 

required (please specify). 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (e) below this line.]

NO 

[End response to above question (e) above this line.] 

D3. Please describe your state’s laws regarding access to the polling place for election 

observers. Election observers are people allowed inside the polling place who are not 

poll workers, election officials or voters. If decisions on access to observers are left to 

local jurisdictions, please explain. 

____ No Change Since 2012 __X___ Changed Since 2012 

2012 Response: 

[Begin response to above question (D3) below this line.]
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Poll watchers are permitted in a poll site, provided they are qualified voters in the county in 

which they are serving and have a signed certificate from a party official or candidate who 

appears on the ballot. 2014 brought a change to this provision, which prohibits candidates 

for public office from serving as watchers in poll sites in which they appear on the ballot for 

that district/site.. 

See Election Law 8-500 

[End response to above question (D3) above this line.] 
OMB Control No. 3265-0006 19 Expiration Date 04/30/2017 

SECTION E: OTHER 

E1. Under HAVA, Section 402, states are required to establish and maintain 

administrative complaint procedures to remedy grievances. Has your state revised its 

administrative complaint procedures since they were first implemented? If so, how? 

__X__ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (E1) below this line.]

Subsequent to the passage of HAVA in 2002, the NY statutory mandate relative to a HAVA 

complaint procedure was codified in Election Law 3-105, effective May 3, 2005. Board 

Regulation Part 6216 is the framework for the HAVA administrative complaint procedure, 

adopted in 2006, pursuant to the federal and state statutory mandates. There has been no 

statutory amendment of 3-105, nor any revision of the Regulation. 

[End response to above question (E1) above this line.] 

E2. Please add any additional comments or information about your state’s election 

administration processes that would help to inform the EAC’s interpretation of your 

data. 

__X __ No Change Since 2012 _____ Changed Since 2012 

2012 Response: 

[Begin response to above question (E2) below this line.]

The 2010 general election saw New York's statewide transition to op-scan voting systems, 

thereby implementing a number of the changes previously made to statutes and operating 

procedures. New York State continues to evaluate the transition to a new voting technology, 

seeking to amend statutes that while previously synchronized with the use of lever voting 

machines, may no longer have the same effect or serve the same or better purpose. 

[End response to above question (E2) above this line.] 

* The information collection associated with the Election Administration and Voting Survey is required for the 

EAC to meet its statutory requirements under the Help America Vote Act (HAVA) of 2002 (42 U.S.C. 15301), 

the National Voter Registration Act (NVRA) (42 U.S.C. 1973gg-1 et seq.), and the Uniformed and Overseas 

Citizens Absentee Voters Act (UOCAVA) (42 U.S.C. 1973ff-1). Respondent’s obligation to reply to this 

information collection is mandatory as required under NVRA (42 U.S.C. 1973gg-1 et seq.) and UOCAVA (42 

U.S.C. 1973ff-1). This part of the information collection is being requested to help the EAC to better understand 

state laws governing federal elections. Respondents include the fifty states, the District of Columbia, and the 
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U.S. Territories. This information will be made publicly available on the EAC website (www.eac.gov). 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays a valid OMB control number. The valid 

OMB control number for this information collection is OMB Control No. 3265-0006 (expires 04/30/2017). The 

time required to complete this information collection is estimated to average 59 hours per state response. This 

estimate includes the time for reviewing the instructions, gathering information, and completing the form. 

Comments regarding this burden estimate should be sent the U.S. Election Assistance Commission – 2014 

Election Administration and Voting Survey, 1335 East West Highway, Suite 4300, Silver Spring MD, 20910.