2023 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.  If  a  voter's  name appears in the ledger or computer generated
registration list with a notation indicating that the board of elections
has issued the voter  an  early  mail,  absentee,  military  or  special
ballot, such voter shall not be permitted to vote on a voting machine at
an  early  voting  site  or  on  election  day but may vote by affidavit
ballot.
2-b. (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) They may swear to and subscribe an affidavit  stating  that  they
have duly registered to vote, the address in such election district from
which  they  registered, that they remain a duly qualified voter in such
election district, that their registration poll  record  appears  to  be
lost  or misplaced or that their name and/or their signature was omitted
from the computer generated registration list or such  record  indicates
the  voter already voted when they did not do so or that they have moved

within New York state since they last registered, the address from which
they were previously registered and the address at which they  currently
reside, and at a primary election, the party in which they are enrolled,
or that such voter is eligible to vote pursuant to section 8-604 of this
article.  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  early mail 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 yet
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 their 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  their  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. If a voter registration application for a  voter
who casts an affidavit ballot pursuant to this subparagraph was received
by  a  board  of  elections  by the tenth day prior to the election, the
board shall cast and count an  affidavit  ballot  from  such  voter,  if
otherwise  valid,  notwithstanding  the  fact  that the voter's name was
omitted from a registration poll record or list of registered voters.
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.