N.Y. Election Law § 8-402: Absentee voting; review of application by board of elections

§ 8-402. Absentee voting; review of application by board of elections.

1. Upon receipt of an application for an absentee ballot the board of

elections shall forthwith determine upon such inquiry as it deems proper

whether the applicant is qualified to vote and to receive an absentee

ballot, and if it finds the applicant is not so qualified it shall

reject the application after investigation as hereinafter provided.

2. The county board of elections, whenever it is not satisfied from an

examination of an application for an absentee ballot that the applicant

is entitled to such a ballot, may order an investigation through any

officer or employee of the state or county board of elections, police

officer, sheriff or deputy sheriff, or a special investigator appointed

by the state board of elections pursuant to the provisions of this

chapter and, if it deems necessary, may exercise the powers to issue

subpoenas and administer oaths which are conferred upon it by this

chapter.

3. An affidavit or a signed statement executed by any person

authorized to conduct an investigation pursuant to this section which

indicates that the applicant for an absentee ballot meets or fails to

meet any of the requirements entitling the applicant to same shall be

sufficient authority for a determination by the board as to the

applicant's right to an absentee voter's ballot, but shall not preclude

the board from making such other determination as it shall deem proper.

Such affidavit or statement shall contain sufficient information to

permit verification of the information contained in the statement and

identification of the source.

4. Any investigation shall be concluded and determination made as to

all applicants not later than the day before the election for which a

ballot is first requested, or if such ballot is to be sent by mail, such

determination shall be made at a time which will afford sufficient time

for the transmission of the ballot to the voter, one secular day for the

voter to mark such ballot and execute the statement of absentee voter,

and time for the return of such ballot to the board of elections by the

deadline for its receipt. If the board can not complete its

investigation within the time provided for herein, it shall, if it finds

the voter to be duly registered, deliver to such applicant an absentee

ballot.

5. If the board shall determine that the applicant is not entitled to

an absentee ballot it shall immediately notify the applicant, giving him

the reason for such rejection.

6. In the case of a primary election, the board shall deliver only the

ballot of the party in which the records of the board of elections show

the applicant to be enrolled. In the event a primary election is

uncontested in the applicant's election district for all offices or

positions except the party position of member of the ward, town, city or

county committee, no ballot shall be delivered to such applicant for

such election; and the applicant shall be advised why he is not being

sent a ballot.

7. The board shall keep a record of applications for absentee ballots

as they are received, showing the names and residences of the

applicants, and their party enrollment in the case of primary elections,

and, as soon as practicable shall, when requested, give to the chairman

of each political party or independent body in the county, and shall

make available for inspection to any other qualified voter upon request,

a complete list of all applicants to whom absentee voters' ballots have

been delivered or mailed, containing their names and places of residence

as they appear on the registration record, including the election

district and ward, if any, and in the city of New York and the county of

Nassau, the assembly district, and their party enrollment in the case of

primary elections.