N.Y. Election Law § 8-506: Challenges; early mail, absentee, military, special federal and special presidential ballots

§ 8-506. Challenges; early mail, absentee, military, special federal

and special presidential ballots. 1. During the examination of early

mail, absentee, military, special federal and special presidential

voters' ballot envelopes, any inspector shall, and any watcher or

registered voter properly in the polling place may, challenge the

casting of any ballot upon the ground or grounds allowed for challenges

generally, or (a) that the voter was not entitled to cast an early mail,

absentee, military, special federal or special presidential ballot, or

(b) that notwithstanding the permissive use of titles, initials or

customary abbreviations of given names, the signature on the ballot

envelope does not correspond to the signature on the registration poll

record, or (c) that the voter died before the day of the election. A

challenge to an early mail ballot may not be made on the basis that the

voter should have applied for an absentee ballot. A challenge to an

absentee ballot may not be made on the basis that the voter should have

applied for an early mail ballot.

2. The board of inspectors forthwith shall proceed to determine each

challenge. Unless the board by majority vote shall sustain the

challenge, an inspector shall endorse upon the envelope the nature of

the challenge and the words "not sustained", shall sign such

endorsement, and shall proceed to cast the ballot as provided herein.

Should the board, by majority vote, sustain such challenge, the reason

and the word "sustained" shall be similarly endorsed upon the envelope

and an inspector shall sign such endorsement. The envelope shall not be

opened and such envelope shall be returned unopened to the board of

elections. If a challenge is sustained after the ballot has been removed

from the envelope, but before it has been deposited in the ballot box,

such ballot shall be rejected without being unfolded or inspected and

shall be returned to the envelope. The board shall immediately enter the

reason for sustaining the challenge on such envelope and an inspector

shall sign such endorsement.

3. If the board of inspectors determines by majority vote that it

lacks sufficient knowledge and information to determine the validity of

a challenge, the inspectors shall endorse upon the ballot envelope the

words "unable to determine", enter the reason for the challenge in the

appropriate section of the challenge report and return the envelope

unopened to the board of elections. Such ballots shall be cast and

canvassed pursuant to the provisions of section 9-209 of this chapter.