NY Elec L § 8-402 (2021)
2021 New York Laws ELN - Election Article 8 - Conduct of Elections Title 4 - Absentee Voting 8-402 - Absentee Voting; Review of Application by Board of Elections.

§ 8-402. Absentee voting; review of application by board of elections.   1.  Upon  receipt  of an application for an absentee ballot the board of   elections shall forthwith determine upon such inquiry as it deems proper   whether the applicant is qualified to vote and to  receive  an  absentee   ballot,  and  if  it  finds  the  applicant is not so qualified it shall   reject the application after investigation as hereinafter provided.2. The county board of elections, whenever it is not satisfied from an   examination of an application for an absentee ballot that the  applicant   is  entitled  to  such  a ballot, may order an investigation through any   officer or employee of the state or county board  of  elections,  police   officer,  sheriff or deputy sheriff, or a special investigator appointed   by the state board of elections  pursuant  to  the  provisions  of  this   chapter  and,  if  it  deems necessary, may exercise the powers to issue   subpoenas and administer oaths which  are  conferred  upon  it  by  this   chapter.3.  An  affidavit  or  a  signed  statement  executed  by  any  person   authorized to conduct an investigation pursuant to  this  section  which   indicates  that  the  applicant for an absentee ballot meets or fails to   meet any of the requirements entitling the applicant to  same  shall  be   sufficient  authority  for  a  determination  by  the  board  as  to the   applicant's right to an absentee voter's ballot, but shall not  preclude   the  board from making such other determination as it shall deem proper.   Such affidavit or statement  shall  contain  sufficient  information  to   permit  verification  of  the information contained in the statement and   identification of the source.4. Any investigation shall be concluded and determination made  as  to   all  applicants  not  later than the day before the election for which a   ballot is first requested, or if such ballot is to be sent by mail, such   determination shall be made at a time which will afford sufficient  time   for the transmission of the ballot to the voter, one secular day for the   voter  to  mark such ballot and execute the statement of absentee voter,   and time for the return of such ballot to the board of elections by  the   deadline   for   its   receipt.  If  the  board  can  not  complete  its   investigation within the time provided for herein, it shall, if it finds   the voter to be duly registered, deliver to such applicant  an  absentee   ballot.5.  If the board shall determine that the applicant is not entitled to   an absentee ballot it shall immediately notify the applicant, giving him   the reason for such rejection.6. In the case of a primary election, the board shall deliver only the   ballot of the party in which the records of the board of elections  show   the  applicant  to  be  enrolled.  In  the  event  a primary election is   uncontested in the applicant's election  district  for  all  offices  or   positions except the party position of member of the ward, town, city or   county  committee,  no  ballot  shall be delivered to such applicant for   such election; and the applicant shall be advised why he  is  not  being   sent a ballot.7.  The board shall keep a record of applications for absentee ballots   as  they  are  received,  showing  the  names  and  residences  of   the   applicants, and their party enrollment in the case of primary elections,   and,  as soon as practicable shall, when requested, give to the chairman   of each political party or independent body in  the  county,  and  shall   make available for inspection to any other qualified voter upon request,   a  complete list of all applicants to whom absentee voters' ballots have   been delivered or mailed, containing their names and places of residence   as they appear  on  the  registration  record,  including  the  election   district and ward, if any, and in the city of New York and the county of    Nassau, the assembly district, and their party enrollment in the case of   primary elections.