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This entry was published on 2014-09-22
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Absentee voting; review of application by board of elections
§ 8-402. Absentee voting; review of application by board of elections.
1. Upon receipt of an application for an absentee ballot the board of
elections shall forthwith determine upon such inquiry as it deems proper
whether the applicant is qualified to vote and to receive an absentee
ballot, and if it finds the applicant is not so qualified it shall
reject the application after investigation as hereinafter provided.

2. The county board of elections, whenever it is not satisfied from an
examination of an application for an absentee ballot that the applicant
is entitled to such a ballot, may order an investigation through any
officer or employee of the state or county board of elections, police
officer, sheriff or deputy sheriff, or a special investigator appointed
by the state board of elections pursuant to the provisions of this
chapter and, if it deems necessary, may exercise the powers to issue
subpoenas and administer oaths which are conferred upon it by this

3. An affidavit or a signed statement executed by any person
authorized to conduct an investigation pursuant to this section which
indicates that the applicant for an absentee ballot meets or fails to
meet any of the requirements entitling the applicant to same shall be
sufficient authority for a determination by the board as to the
applicant's right to an absentee voter's ballot, but shall not preclude
the board from making such other determination as it shall deem proper.
Such affidavit or statement shall contain sufficient information to
permit verification of the information contained in the statement and
identification of the source.

4. Any investigation shall be concluded and determination made as to
all applicants not later than the day before the election for which a
ballot is first requested, or if such ballot is to be sent by mail, such
determination shall be made at a time which will afford sufficient time
for the transmission of the ballot to the voter, one secular day for the
voter to mark such ballot and execute the statement of absentee voter,
and time for the return of such ballot to the board of elections by the
deadline for its receipt. If the board can not complete its
investigation within the time provided for herein, it shall, if it finds
the voter to be duly registered, deliver to such applicant an absentee

5. If the board shall determine that the applicant is not entitled to
an absentee ballot it shall immediately notify the applicant, giving him
the reason for such rejection.

6. In the case of a primary election, the board 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 he is not being
sent a ballot.

7. The board shall keep a record of applications for absentee ballots
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 qualified voter upon request,
a complete list of all applicants to whom absentee voters' 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.