2023 New York Laws › ELN - Election › Article 8 - Conduct of Elections › Title 3 - Casting the Ballot › 8-303 - Initial Voter Identification.

§ 8-303. Initial voter identification. 1. Applicability. Each board of
elections,  in  a  uniform and nondiscriminatory manner, shall require a
voter to meet the requirements of subdivision two of this section if:
(a) the individual registered to vote in a jurisdiction by mail on  or
after January first, two thousand three; and
(b) the individual has not previously voted in an election for federal
office in the jurisdiction of the board of elections.
2.  Requirements. (a) In general. An individual meets the requirements
of this subdivision if the individual:
(1) in the case of an individual who votes in person: (i) presents  to
the  appropriate  election inspector, clerk or coordinator a current and
valid photo identification; or
(ii)  presents  to  the  appropriate  election  inspector,  clerk   or
coordinator 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; or
(2) in the case of an individual who votes by  mail,  submits  in  the
outer  envelope with the envelope containing the ballot: (i) a copy of a
current and valid photo identification; or
(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) Fail-safe voting. (1) An individual who desires to vote in person,
but who does not meet the requirements of subparagraph one of  paragraph
(a)   of   this   subdivision,   may   cast  an  affidavit  ballot,  and
notwithstanding this section of law, such affidavit ballot shall be duly
cast and  counted,  even  though  such  individual  does  not  meet  the
requirements  of  subparagraph one of paragraph (a) of this subdivision,
provided such individual casting such ballot is  an  otherwise  eligible
voter  pursuant  to  law,  provided  further  that such ballot otherwise
complies with the requirements of law.
(2) An individual who desires to vote by mail but who  does  not  meet
the   requirements   of  subparagraph  two  of  paragraph  (a)  of  this
subdivision may cast such a ballot by mail and such ballot shall be duly
cast and counted, notwithstanding this section, provided  the  voter  is
determined to be an eligible voter and provided further that such ballot
otherwise complies with the requirements of law.
3. Inapplicability. Subdivisions one and two of this section shall not
apply  in  the  case  of a person: (a) who registers to vote by mail and
submits as part of such registration either:
(1) a copy of a current and valid photo identification; or
(2) a copy of a  current  utility  bill,  bank  statement,  government
check,  paycheck, or government document that shows the name and address
of the voter;
(b)  (1)  who  registers  to  vote  by  mail  and  submits  with  such
registration either:
(i)  a  driver's  license or a department of motor vehicles non-driver
photo ID number; or
(ii) at least the last four digits of the individual's social security
number; and
(2) with respect to whom  a  local  board  of  elections  matches  the
information  submitted  under subparagraph one of this paragraph with an
existing state identification record bearing the number, name  and  date
of birth of such voter; or
(c)  who  is:  (1)  entitled  to  vote  by  absentee  ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.  1973ff-1
et seq.);
(2)  provided the right to vote otherwise than in person under section
3 (b) (2) (B) (ii) of the  Voting  Accessibility  for  the  Elderly  and
Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
(3)  entitled to vote otherwise than in person under any other federal
law.