N.Y. Election Law § 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.