New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6211 - Early Voting Regulations › Section 6211.6 - Voter History and Prevention of Duplicate Voting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During the early voting period, the
				voting history record for each voter shall be continually updated to reflect
				that a voter has voted early. A record indicating a voter has voted during the
				early voting period shall be available to poll workers at every early voting
				site at which a voter is eligible to vote in near real time. In such instance
				where a voter is only eligible to vote at one early voting site, the single
				poll book at such site for such voter may serve as the continually updated
				record of voter history throughout the early voting period.
(b) By Election Day, the voting history
				record of each voter who has cast a ballot during the early voting period shall
				be entered into the voter registration system of the board of elections. Such
				voting history shall be included in the voter registration poll record that is
				used on Election Day to determine the eligibility of voters. Such Election Day
				record must differentiate voters who voted early from those who appeared to
				vote on the day of election.
(c) Any
				voter who the board of elections has identified as having voted during the
				early voting period shall not be eligible to vote on Election Day, except such
				voter shall be entitled to complete an affidavit ballot if such voter claims
				not to have voted early. Such affidavit shall be marked as such.
(d) No later than the third day after a n
				election, the voting history record of each voter who has signed a poll record
				and thus cast a ballot on such election day shall be entered into the voter
				registration system of the board of elections, and the voter history for such
				election day voters, early voters and all voters with a notation pursuant to
				Election Law § 9-209(1)(d) that indicates that the voter has voted in such
				election shall be uploaded to the statewide voter registration list.
(e) Not later than the third day after a n
				election, by five o'clock p.m. on such day, the board of elections shall
				prepare a list, including data elements prescribed by the board of elections
				and in the format specified by the state board of elections, of all persons who
				submitted an affidavit ballot. Such list shall be provided to the state board
				of elections, and the state board of elections shall provide a combined list of
				all affidavit ballots submitted statewide to the boards of elections.
(f) No later than seven businesses days after
				the completion of the canvass, the voting history record of each voter who has
				cast an absentee, military, special or federal ballot on Election Day or who
				has cast an affidavit ballot during early voting or on Election Day for whom
				such information was not already entered shall be entered into the voter
				registration system of the board of elections and the statewide voter
				registration list.
(g) Boards of
				elections shall provide information regarding voter registration records or
				voting records in their custody to other boards of elections, upon request, as
				soon as reasonably practicable.
(h)
				The board of elections, as required by Election Law § 8-600(1), shall
				establish procedures to ensure that persons who vote during early voting shall
				not be permitted to vote subsequently in the same election. Such procedures
				shall remain in effect until amended by the board of elections and shall be
				filed with the state board of elections on or before the sixtieth day preceding
				the first day of the early voting period. Such procedures shall be approved or
				rejected by the co-executive directors of the state board of elections within
				two weeks of filing. If such procedures are rejected, notice shall be provided
				to the board of elections of the reasons therefor. The board of elections shall
				then have three business days to amend their procedures and resubmit the same
				to the state board of elections for approval.
(i) Boards of elections shall provide to the
				state board, in the manner specified by the state board, the number of voters
				who vote early on each day of early voting by the next business day after such
				day of early voting. This notice is intended: to serve as both a notice of
				emergency adoption and a notice of proposed rule making. The emergency rule
				will expire July 2, 2022.