N.Y. Election Law § 8-702: Early voting by mail; review of application by board of elections

§ 8-702. Early voting by mail; review of application by board of

elections. 1. Upon receipt of an application to vote early by mail the

board of elections shall determine whether the applicant is a registered

voter of the county or city at the address listed in the application and

is eligible to vote in the election or elections for which the

application is filed. An application to vote early by mail filed or

received simultaneously with or on the same day as a valid registration

application from the applicant shall be considered valid.

2. If the board of elections determines that the applicant is not a

registered voter of the county or city at the address listed in the

application pursuant to subdivision one of this section or the applicant

is not eligible to vote in all of the elections for which the

application is filed, the board of elections shall immediately notify

the applicant of the rejection of the application to vote early by mail

and provide the reason for such rejection.

3. In the case of a primary election, the board of elections 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 they

are not being sent a ballot.

4. The board shall keep a record of applications to vote early by mail

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 registered voter upon

request, a complete list of all applicants to whom early mail 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.