1. The Laws of New York
  2. Consolidated Laws
  3. Election
  4. Article 8: Conduct of Elections
  5. Title 3: Casting the Ballot


Section 8-303 Initial voter identification

Election (ELN)

1. Applicability. Each board of elections, in a uniform and nondiscriminatory manner, shall require a voter to meet the requirements of subdivision two of this section if:

  (a) the individual registered to vote in a jurisdiction by mail on or after January first, two thousand three; and

  (b) the individual has not previously voted in an election for federal office in the jurisdiction of the board of elections.

  2. Requirements. (a) In general. An individual meets the requirements of this subdivision if the individual:

  (1) in the case of an individual who votes in person: (i) presents to the appropriate election inspector, clerk or coordinator a current and valid photo identification; or

  (ii) presents to the appropriate election inspector, clerk or coordinator 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; or

  (2) in the case of an individual who votes by mail, submits in the outer envelope with the envelope containing the ballot: (i) a copy of a current and valid photo identification; or

  (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) Fail-safe voting. (1) An individual who desires to vote in person, but who does not meet the requirements of subparagraph one of paragraph (a) of this subdivision, may cast an affidavit ballot, and notwithstanding this section of law, such affidavit ballot shall be duly cast and counted, even though such individual does not meet the requirements of subparagraph one of paragraph (a) of this subdivision, provided such individual casting such ballot is an otherwise eligible voter pursuant to law, provided further that such ballot otherwise complies with the requirements of law.

  (2) An individual who desires to vote by mail but who does not meet the requirements of subparagraph two of paragraph (a) of this subdivision may cast such a ballot by mail and such ballot shall be duly cast and counted, notwithstanding this section, provided the voter is determined to be an eligible voter and provided further that such ballot otherwise complies with the requirements of law.

  3. Inapplicability. Subdivisions one and two of this section shall not apply in the case of a person: (a) who registers to vote by mail and submits as part of such registration either:

  (1) a copy of a current and valid photo identification; or

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

  (b) (1) who registers to vote by mail and submits with such registration either:

  (i) a driver's license or a department of motor vehicles non-driver photo ID number; or

  (ii) at least the last four digits of the individual's social security number; and

  (2) with respect to whom a local board of elections matches the information submitted under subparagraph one of this paragraph with an existing state identification record bearing the number, name and date of birth of such voter; or

  (c) who is: (1) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.);

  (2) provided the right to vote otherwise than in person under section 3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or

  (3) entitled to vote otherwise than in person under any other federal law.