N.Y. Election Law § 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.