2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 41 - District Meetings › Part 1 - General Provisions › 2019-A - Voting by Persons Whose Names Are Not in the Registration Poll Ledgers.

§ 2019-a. Voting  by  persons  whose names are not in the registration
  poll ledgers. 1. Whenever a voter presents himself and offers to cast  a
  ballot  at  any  school district meeting or election, and the address at
  which he claims to live is in the election district in which he seeks to
  vote but his name cannot be found on the list of registered voters or in
  the registration poll ledger, he shall be  permitted  to  vote  only  as
  hereinafter provided:
a.  He  may  present  a  court order requiring that he be permitted to
  vote.  He shall be required to sign his full name on top  of  the  first
  page  of  such  order,  together with his registration serial number, if
  any. The voter shall then be permitted to vote in the  manner  otherwise
  prescribed  for  voters whose names are found on the registration lists,
  whose registration poll records are found in the ledger; or
b. He may request, swear to and subscribe an affidavit stating that he
  has duly registered to vote, the address in such election district  from
  which  he  registered,  that  he  remains a duly qualified voter in such
  election district and that his registration poll record  appears  to  be
  lost  or  misplaced,  or that his name has been incorrectly omitted from
  the list of registered voters. Such affidavit shall  be  printed  on  an
  envelope   and   shall  contain  an  acknowledgement  that  the  affiant
  understands that any false statement made therein is perjury  punishable
  according  to  law.  The  voter  shall then be permitted to vote a paper
  ballot. Such ballot shall thereupon be placed in the envelope containing
  his affidavit, and the envelope sealed and  returned  to  the  board  of
  education with other records of the meeting or election.
2.  a.  Before certifying the result of any school district meeting or
  election at which voters are required to sign  their  registration  poll
  records  or  the  list  of registered voters before voting, the board of
  education shall proceed in the manner hereinafter prescribed to cast and
  canvass any ballots voted by voters whose registration poll records were
  missing or whose names did not appear on the list of  registered  voters
  on  the  day  of  such  meeting  or  election. Each such ballot shall be
  retained in the original envelope containing the voter's  affidavit  and
  signature, in which it is delivered to the board of education until such
  time as it is to be cast and canvassed.
b.  The  board  of  education  shall  designate  itself or such of its
  employees as it shall deem appropriate as a set of poll clerks  to  cast
  and canvass such ballots, and fix a time and place for their meeting for
  such purposes, provided that such meeting shall be no more than ten days
  after  any  election  at  which  such  ballots  are voted. The board may
  designate additional sets of poll clerks and if it designates more  than
  one such set, shall apportion among all such sets the election districts
  from  which  such  ballots  have  been  received, provided that all such
  ballots from a single election district shall be assigned  to  a  single
  set  of  clerks. Each such set of clerks shall be deemed a central board
  of inspectors for purposes of this section.
c. At least five days prior to the time fixed for  such  meeting,  the
  board  shall  send notice by first class mail to each candidate entitled
  to have had watchers or challengers present at the polls in any election
  district from which any such ballot  has  been  received,  or,  if  such
  notice  is sent prior to the day of the election, to each such candidate
  so entitled for each election district in the board's jurisdiction. Such
  notice shall state the time and  place  fixed  by  the  board  for  such
  canvass.
d.  Each  such  candidate  shall be entitled to appoint such number of
  watchers or challengers to attend upon each central board of  inspectors
  as  such  candidate  was entitled to appoint at such election in any one

  election  district  for  which  such  central  board  of  inspectors  is
  designated to act.
3.  Upon assembling at the time and place fixed for such meeting, each
  central board of inspectors shall consider each affidavit  envelope  and
  ballot from the election districts assigned to it.
a.  First, the central board of inspectors shall reject any ballot not
  found sealed in the envelope in which  it  was  placed  at  the  polling
  place,  second the ballot of any voter for whom there is no registration
  poll record or central registration record in the office of the board of
  elections.
b. The central board of inspectors shall  then  proceed  to  consider,
  cast,  and  canvass  the  remaining  envelopes  and  the ballots therein
  contained as nearly as  practicable  in  the  manner  provided  by  this
  chapter  for  a board of inspectors to consider, cast, and canvass paper
  ballots at school district meetings or elections.
c. Any person lawfully present may object to the refusal  to  cast  or
  canvass any ballot on the grounds that the voter is a properly qualified
  voter  of  the election district, or to the casting or canvassing of any
  ballot on the grounds that the voter is not a properly  qualified  voter
  of the election district, or otherwise not entitled to cast such ballot.
  When  any such objection is made, the board of education shall forthwith
  proceed to determine such objection  and  reject  or  cast  such  ballot
  according to such determination.
d.   Upon   completing  the  casting  and  canvassing  of  ballots  as
  hereinabove provided for any election district,  the  central  board  of
  inspectors  shall  thereupon,  as  nearly  as  practicable in the manner
  provided in this section, verify the number of ballots  so  cast,  tally
  the  votes  so  cast,  add such tally to the previous tally of all votes
  cast in such election district, and announce the result.
4. Whenever the ballot of any person, voted in an  affidavit  envelope
  in  the  manner  prescribed  by  this  section,  is  rejected  under the
  provisions of this section on the grounds that  such  person  is  not  a
  qualified  voter of the election district wherein he sought to vote, the
  board of education shall immediately notify such person by  first  class
  mail directed to the address given in his affidavit, of the rejection of
  his  ballot,  together  with  the  reason  therefor  and the appropriate
  information on the times and places where he may register or reregister.
  Where appropriate, a form of application for  personal  registration  by
  mail pursuant to the election law shall be included with such notice.