NY Elec L § 8-302 (2021)
2021 New York Laws ELN - Election Article 8 - Conduct of Elections Title 3 - Casting the Ballot 8-302 - Voting; Verification of Registration.

§  8-302.  Voting;  verification  of registration. 1. At all elections held  pursuant  to  the  provisions  of  this  chapter  two   inspectors representing different political parties shall act together at all times in  supervising the use of the registration records and in verifying the rights of persons to vote on the basis of such records.   2. The voter shall give the voter's name  and  the  voter's  residence address to the inspectors. An inspector shall then loudly and distinctly announce the name and residence of the voter.   2-a. (a) If a voter's name appears in the ledger or computer generated registration  list  with a notation indicating that the voter's identity was not yet verified as required by the federal Help America  Vote  Act, the  inspector shall require that the voter produce one of the following types of identification before permitting the voter to cast his  or  her vote on the voting machine:  (i)  a  driver's  license  or  department of motor vehicles non-driver photo ID card or other current and valid photo identification;  (ii) a copy of a current  utility  bill,  bank  statement,  government check,  paycheck  or  other  government document that shows the name and address of the voter.  (b) If  the  voter  produces  an  identification  document  listed  in paragraph  (a)  of  this subdivision, the inspector shall indicate so in the ledger or computer generated registration list, the  voter  will  be deemed verified as required by the federal Help America Vote Act and the voter shall be permitted to cast his or her vote on the voting machine.  (c) If the voter does not produce an identification document listed in paragraph  (a)  of this subdivision, the voter shall only be entitled to vote by affidavit ballot unless a court order provides otherwise.   3. (a) If an applicant is challenged, the board, without delay,  shall either  enter  his  name  in  the second section of the challenge report together with the other entries required to  be  made  in  such  section opposite  the applicant's name or make an entry next to the voter's name in the computer generated registration list or in the place provided  in the computer generated registration list.  (b)  A  person  who  claims  to have moved to a new address within the election district in which he or she is  registered  to  vote  shall  be permitted  to  vote in the same manner as other voters unless challenged on other grounds. The inspectors shall enter the names and new addresses of all such persons in either the first section of the challenge  report or in the place provided in the computer generated registration list and shall  also  enter the new address next to such person's address on such computer generated registration list. When the registration poll records of persons who have voted from new addresses within  the  same  election district are returned to the board of elections, such board shall change the  addresses  on  the  face  of such registration poll records without completely obliterating the old  addresses  and  shall  enter  such  new addresses and the new addresses for any such persons whose names were in computer generated registration lists into its computer records for such persons.  (c)  A  person who claims a changed name shall be permitted to vote in the same manner as other voters unless challenged on other grounds.  The inspectors shall either enter the names of all such persons in the first section of the challenge report or in the place provided in the computer generated  registration  list, in the form in which they are registered, followed in parentheses by the name as changed  or  enter  the  name  as changed next to such voter's name on the computer generated registration list.  The  voter shall sign first on the registration poll record or in the computer generated registration list, the name under which the voter is registered and, immediately above it, the new name, provided that  in  such  registration  list,  the  new  name  may  be  signed  in the place provided. When the registration poll record of a person  who  has  voted under a new name is returned to the board of elections, such board shall change  the voter's name on the face of each registration record without completely obliterating the old one, and thereafter  such  person  shall vote only under his or her new name. If a voter has signed a new name in a  computer  generated  registration  list,  such board shall enter such voter's new name and new signature in such voter's computer record.  (d) If an  applicant  requests  assistance  in  voting  and  qualifies therefor,  the  board  shall  provide  assistance  as  directed  by this chapter, and shall without delay either enter such applicant's name  and the  other entries required in the third section of the challenge report or make an entry next to such applicant's name in the computer generated registration list or in the place provided in such registration list.  (e) Whenever a voter presents himself or herself and offers to cast  a ballot,  and  he or she claims to live in the election district in which he or she seeks to vote but no registration poll record can be found for him or her in the poll ledger or his or her name does not appear in  the computer  generated  registration  list or his or her signature does not appear next to his or her name in such registration list or his  or  her registration  poll  record  or  the computer generated registration list does not show him or her to be enrolled in the party in which he or  she claims  to be enrolled, a poll clerk or election inspector shall consult a map, street finder or other description of all of the  polling  places and  election  districts  within the political subdivision in which said election district is located and if  necessary,  contact  the  board  of elections to obtain the relevant information and advise the voter of the correct  polling  place  and election district for the residence address provided by  the  voter  to  such  poll  clerk  or  election  inspector. Thereafter,  such  voter  shall  be  permitted  to vote in said election district only as hereinafter provided:  (i) He or she may present a court order requiring that he  or  she  be permitted  to  vote.  At  a  primary  election,  such a court order must specify the party in which the voter is permitted  to  vote.  The  voter shall  be  required  to sign their full name on top of the first page of such order, together with the voter's  registration  serial  number,  if any,  and  the voter's name and the other entries required shall then be entered without delay in the fourth section of the challenge  report  or in  the  place provided in the computer generated registration list, or, if such person's name appears on such registration list,  the  board  of elections may provide a place to make such entry next to his or her name on  such  list.  The voter shall then be permitted to vote in the manner otherwise prescribed for voters  whose  registration  poll  records  are found  in  the ledger or whose names are found on the computer generated registration list; or  (ii) He or she may swear to and subscribe an affidavit stating that he or she has duly  registered  to  vote,  the  address  in  such  election district  from which he or she registered, that he or she remains a duly qualified voter in such election district, that his or her  registration poll  record  appears  to  be  lost or misplaced or that his or her name and/or his or her signature was  omitted  from  the  computer  generated registration  list or such record indicates the voter already voted when he or she did not do so or that he or she  has  moved  within  New  York state  since he or she last registered, the address from which he or she was previously registered and the address at which he or  she  currently resides,  and  at  a  primary  election, the party in which he or she is enrolled. The inspectors of election shall offer such  an  affidavit  to each  such  voter  whose residence address is in such election district.  Each such affidavit shall be in a form prescribed by the state board  of elections,  shall be printed on an envelope of the size and quality used for an absentee ballot envelope, and  shall  contain  an  acknowledgment that  the  affiant  understands that any false statement made therein is perjury punishable according to law. Such form prescribed by  the  state board  of  elections shall request information required to register such voter  should  the  county  board  determine  that  such  voter  is  not registered  and shall constitute an application to register to vote. The voter's name and the entries required  shall  then  be  entered  without delay and without further inquiry in the fourth section of the challenge report  or  in the place provided in the computer generated registration list, with the notation  that  the  voter  has  executed  the  affidavit hereinabove  prescribed,  or,  if  such  person's  name  appears in such registration list, the board of elections may provide a  place  to  make such  entry  next to his or her name in such list. The voter shall then, without further inquiry,  be  permitted  to  vote  an  affidavit  ballot provided  for  by this chapter. Such ballot shall thereupon be placed in the envelope containing his or her affidavit, and  the  envelope  sealed and  returned  to  the board of elections in the manner provided by this chapter for protested official ballots, including  a  statement  of  the number of such ballots.   3-a.  The  inspectors shall also give to every person whose address is in such election district for whom no registration poll  record  can  be found and, in a primary election, to every voter whose registration poll record  does not show him to be enrolled in the party in which he wishes to be enrolled or who claims to  be  incorrectly  identified  as  having already  voted,  a  copy  of a notice, in a form prescribed by the state board of elections, advising such person of his right  to,  and  of  the procedures  by  which  he  may, cast an affidavit ballot or seek a court order permitting him to vote, and shall also give every such person  who does  not  cast  an affidavit ballot, an application for registration by mail.   3-b. In every election district in which the candidates for any office or position in a primary election have  been  assigned  numbers  by  the board of elections because of identical or similar names, the inspectors shall also give to every person eligible to vote in such primary, a copy of  a  leaflet  prepared  by  the  board  of  elections  which  contains biographical information about such candidates.   3-c. At the time that an individual casts  an  affidavit  ballot,  the appropriate  state  or local election official shall give the individual written information  that  states  that  any  individual  who  casts  an affidavit  ballot will be able to ascertain under the system established under subdivision four of section 9-212 of this chapter whether the vote was counted, and, if the vote was not counted, the reason that the  vote was not counted.   4. At a primary election, a voter whose registration poll record is in the ledger or computer generated registration list shall be permitted to vote  only  in  the  primary of the party in which such record shows the voter to be enrolled unless  the  voter  shall  present  a  court  order pursuant  to  the  provisions  of  subparagraph  (i) of paragraph (e) of subdivision three of this section requiring that the voter be  permitted to  vote  in  the  primary  of  another party, or unless the voter shall present a certificate of enrollment issued by the  board  of  elections, not earlier than one month before such primary election, pursuant to the provisions of this chapter which certifies that the voter is enrolled in a  party  other  than the one in which such record shows the voter to be enrolled, or unless he or she shall subscribe an affidavit  pursuant  to  the  provisions  of  subparagraph  (ii)  of paragraph (e) of subdivision three of this section.   5.  Except  for  voters unable to sign their names, no person shall be permitted to vote  without  first  identifying  himself  or  herself  as required by this chapter.