N.Y. Election Law § 8-412: Absentee ballots; deadline for receipt, and delivery to polling place

§ 8-412. Absentee ballots; deadline for receipt, and delivery to

polling place. 1. The board of elections shall cause all absentee

ballots received by it before the close of the polls on election day and

all ballots contained in envelopes showing a cancellation mark of the

United States postal service or a foreign country's postal service, or

showing a dated endorsement of receipt by another agency of the United

States government, with a date which is ascertained to be not later than

the day of the election and received by such board of elections not

later than seven days following the day of election to be cast and

counted except that the absentee ballot of a voter who requested such

ballot by letter, rather than application, shall not be counted unless a

valid application form, signed by such voter, is received by the board

of elections with such ballot. For purposes of this section, any

absentee ballot received by the board of elections by mail that does not

bear or display a dated postmark shall be presumed to have been timely

mailed or delivered if such ballot bears a time stamp of the receiving

board of elections indicating receipt by such board on the day after the

election. For the purposes of this section, an absentee ballot shall be

deemed to be received by the board of elections before the close of the

polls on election day if it is deposited in a ballot drop box before the

close of polls on election day. Ballots received in accordance with this

section shall be deemed timely and the failure of a board of elections

to time stamp such ballots received in this manner on or before election

day shall not prohibit the canvassing of such ballots. At the close of

the polls on election day, the board of elections shall close every

ballot drop box and collect ballots deposited in such ballot drop box.

2. Absentee ballots received by the board of elections shall be

retained at the board of elections and cast and canvassed pursuant to

the provisions of section 9-209 of this chapter.