N.Y. Election Law § 8-710: Early mail ballots; deadline for receipt, and delivery to polling place

§ 8-710. Early mail ballots; deadline for receipt, and delivery to

polling place. 1. The board of elections shall cause all early mail

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. For purposes of this section, any early mail 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 early mail 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. Early mail 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.