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This entry was published on 2019-04-19
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SECTION 8-302
Voting; verification of registration
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 3
§ 8-302. Voting; verification of registration. 1. At all elections
held pursuant to the provisions of this chapter two inspectors
representing different political parties shall act together at all times
in supervising the use of the registration records and in verifying the
rights of persons to vote on the basis of such records.

2. The voter shall give the voter's name and the voter's residence
address to the inspectors. An inspector shall then loudly and distinctly
announce the name and residence of the voter.

2-a. (a) If a voter's name appears in the ledger or computer generated
registration list with a notation indicating that the voter's identity
was not yet verified as required by the federal Help America Vote Act,
the inspector shall require that the voter produce one of the following
types of identification before permitting the voter to cast his or her
vote on the voting machine:

(i) a driver's license or department of motor vehicles non-driver
photo ID card or other current and valid photo identification;

(ii) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.

(b) If the voter produces an identification document listed in
paragraph (a) of this subdivision, the inspector shall indicate so in
the ledger or computer generated registration list, the voter will be
deemed verified as required by the federal Help America Vote Act and the
voter shall be permitted to cast his or her vote on the voting machine.

(c) If the voter does not produce an identification document listed in
paragraph (a) of this subdivision, the voter shall only be entitled to
vote by affidavit ballot unless a court order provides otherwise.

3. (a) If an applicant is challenged, the board, without delay, shall
either enter his name in the second section of the challenge report
together with the other entries required to be made in such section
opposite the applicant's name or make an entry next to the voter's name
in the computer generated registration list or in the place provided in
the computer generated registration list.

(b) A person who claims to have moved to a new address within the
election district in which he or she is registered to vote shall be
permitted to vote in the same manner as other voters unless challenged
on other grounds. The inspectors shall enter the names and new addresses
of all such persons in either the first section of the challenge report
or in the place provided in the computer generated registration list and
shall also enter the new address next to such person's address on such
computer generated registration list. When the registration poll records
of persons who have voted from new addresses within the same election
district are returned to the board of elections, such board shall change
the addresses on the face of such registration poll records without
completely obliterating the old addresses and shall enter such new
addresses and the new addresses for any such persons whose names were in
computer generated registration lists into its computer records for such
persons.

(c) A person who claims a changed name shall be permitted to vote in
the same manner as other voters unless challenged on other grounds. The
inspectors shall either enter the names of all such persons in the first
section of the challenge report or in the place provided in the computer
generated registration list, in the form in which they are registered,
followed in parentheses by the name as changed or enter the name as
changed next to such voter's name on the computer generated registration
list. The voter shall sign first on the registration poll record or in
the computer generated registration list, the name under which the voter
is registered and, immediately above it, the new name, provided that in
such registration list, the new name may be signed in the place
provided. When the registration poll record of a person who has voted
under a new name is returned to the board of elections, such board shall
change the voter's name on the face of each registration record without
completely obliterating the old one, and thereafter such person shall
vote only under his or her new name. If a voter has signed a new name in
a computer generated registration list, such board shall enter such
voter's new name and new signature in such voter's computer record.

(d) If an applicant requests assistance in voting and qualifies
therefor, the board shall provide assistance as directed by this
chapter, and shall without delay either enter such applicant's name and
the other entries required in the third section of the challenge report
or make an entry next to such applicant's name in the computer generated
registration list or in the place provided in such registration list.

(e) Whenever a voter presents himself or herself and offers to cast a
ballot, and he or she claims to live in the election district in which
he or she seeks to vote but no registration poll record can be found for
him or her in the poll ledger or his or her name does not appear in the
computer generated registration list or his or her signature does not
appear next to his or her name in such registration list or his or her
registration poll record or the computer generated registration list
does not show him or her to be enrolled in the party in which he or she
claims to be enrolled, a poll clerk or election inspector shall consult
a map, street finder or other description of all of the polling places
and election districts within the political subdivision in which said
election district is located and if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for the residence address
provided by the voter to such poll clerk or election inspector.
Thereafter, such voter shall be permitted to vote in said election
district only as hereinafter provided:

(i) He or she may present a court order requiring that he or she be
permitted to vote. At a primary election, such a court order must
specify the party in which the voter is permitted to vote. The voter
shall be required to sign their full name on top of the first page of
such order, together with the voter's registration serial number, if
any, and the voter's name and the other entries required shall then be
entered without delay in the fourth section of the challenge report or
in the place provided in the computer generated registration list, or,
if such person's name appears on such registration list, the board of
elections may provide a place to make such entry next to his or her name
on such list. The voter shall then be permitted to vote in the manner
otherwise prescribed for voters whose registration poll records are
found in the ledger or whose names are found on the computer generated
registration list; or

(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or such record indicates the voter already voted when
he or she did not do so or that he or she has moved within New York
state since he or she last registered, the address from which he or she
was previously registered and the address at which he or she currently
resides, and at a primary election, the party in which he or she is
enrolled. The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality used
for an absentee ballot envelope, and shall contain an acknowledgment
that the affiant understands that any false statement made therein is
perjury punishable according to law. Such form prescribed by the state
board of elections shall request information required to register such
voter should the county board determine that such voter is not
registered and shall constitute an application to register to vote. The
voter's name and the entries required shall then be entered without
delay and without further inquiry in the fourth section of the challenge
report or in the place provided in the computer generated registration
list, with the notation that the voter has executed the affidavit
hereinabove prescribed, or, if such person's name appears in such
registration list, the board of elections may provide a place to make
such entry next to his or her name in such list. The voter shall then,
without further inquiry, be permitted to vote an affidavit ballot
provided for by this chapter. Such ballot shall thereupon be placed in
the envelope containing his or her affidavit, and the envelope sealed
and returned to the board of elections in the manner provided by this
chapter for protested official ballots, including a statement of the
number of such ballots.

3-a. The inspectors shall also give to every person whose address is
in such election district for whom no registration poll record can be
found and, in a primary election, to every voter whose registration poll
record does not show him to be enrolled in the party in which he wishes
to be enrolled or who claims to be incorrectly identified as having
already voted, a copy of a notice, in a form prescribed by the state
board of elections, advising such person of his right to, and of the
procedures by which he may, cast an affidavit ballot or seek a court
order permitting him to vote, and shall also give every such person who
does not cast an affidavit ballot, an application for registration by
mail.

3-b. In every election district in which the candidates for any office
or position in a primary election have been assigned numbers by the
board of elections because of identical or similar names, the inspectors
shall also give to every person eligible to vote in such primary, a copy
of a leaflet prepared by the board of elections which contains
biographical information about such candidates.

3-c. At the time that an individual casts an affidavit ballot, the
appropriate state or local election official shall give the individual
written information that states that any individual who casts an
affidavit ballot will be able to ascertain under the system established
under subdivision four of section 9-212 of this chapter whether the vote
was counted, and, if the vote was not counted, the reason that the vote
was not counted.

4. At a primary election, a voter whose registration poll record is in
the ledger or computer generated registration list shall be permitted to
vote only in the primary of the party in which such record shows the
voter to be enrolled unless the voter shall present a court order
pursuant to the provisions of subparagraph (i) of paragraph (e) of
subdivision three of this section requiring that the voter be permitted
to vote in the primary of another party, or unless the voter shall
present a certificate of enrollment issued by the board of elections,
not earlier than one month before such primary election, pursuant to the
provisions of this chapter which certifies that the voter is enrolled in
a party other than the one in which such record shows the voter to be
enrolled, or unless he or she shall subscribe an affidavit pursuant to
the provisions of subparagraph (ii) of paragraph (e) of subdivision
three of this section.

5. Except for voters unable to sign their names, no person shall be
permitted to vote without first identifying himself or herself as
required by this chapter.