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New York State Elections Law as well as New York State Rules and Regulations is available from the New York State Board of Elections. Excerpts from these sources are included below.


NEW YORK STATE VOTERíS BILL OF RIGHTS

As a registered voter, you have the RIGHT TO:

VOTE: The right to vote includes voting for candidates and questions on the ballot.

HAVE YOUR VOTES COUNT: Vote on a voting system that is in working condition and that will allow votes to be accurately counted.

SECRECY IN VOTING: Secrecy in voting will be preserved for all elections.

FREEDOM IN VOTING: Cast your vote, free from coercion or intimidation by poll workers or any other person.

PERMANENT REGISTRATION: Once registered to vote, you will continue to remain qualified to vote from an address within your county or city.

ACCESSIBLE ELECTIONS: Non-discriminatory equal access to the election system for all voters, including the elderly, disabled, alternative language minorities, military and overseas citizens, as required by federal and state laws.

ASSISTANCE IN VOTING: You may ask for help in voting because of blindness, disability, or inability to read or write.

INSTRUCTION IN VOTING: You can view a sample ballot in this polling place prior to voting, and before entering the machine, you may request help in how to operate the machine.

ABSENTEE VOTING: If you will be out of your county of residence on Election Day, or are unable to go to your polling place due to illness or physical disability, you may cast an absentee ballot.

AFFIDAVIT VOTING: Whenever your name does not appear in the official poll book, you will be offered an affidavit ballot.



FIRST TIME VOTER? Instructions on how to vote are available on the sample ballot posted in this polling place. If you need additional help, prior to signing in, ask the inspectors working here today.

CASTING A VOTE ON PAPER BALLOT? Review your ballot to be sure you have cast your votes as you intended. Be sure to vote for the number of candidates permitted for each office on your ballot. If you make a mistake on your ballot, return it to the inspectors and you will be given another.

PROBLEMS? Federal and state laws prohibit acts of fraud and misrepresentation in voting. If you encounter problems in voting, contact your county board or the State Board of Elections.

This Version of the Voter Bill of Rights is based on the one used by Montgomery and Tompkins Counties.


New York State Election Law ß 3-103(5).
    The information transmitted between the statewide voter registration list and other databases, as provided for in this section, shall be limited to the information which is contained in a voter registration application and is necessary to verify a voterís identity. The information contained in the statewide voter registration list shall not be used for non-election purposes.



New York State Election Law ß 8-104. Polls.
  1. The American flag shall be kept displayed at each polling place throughout the election. Facsimile ballots, voter information posting and distance markers shall not be taken down, torn or defaced during the election. While the polls are open no person shall do any electioneering within the polling place, or in any public street, within a one hundred foot radial measured from the entrances designated by the inspectors of election, to such polling place or within such distance in any place in a public manner; and no political banner, button, poster or placard shall be allowed in or upon the polling place or within such one hundred foot radial. While the polls are open no person shall consume any alcoholic beverages within the polling place.
    1-a. The election inspectors shall conspicuously post in the polling place before the opening of the polls, a voter information posting, which shall include:
    1. the sample ballot and instructions for the use of voting machines required pursuant to section 7-118 of this chapter;
    2. information regarding the date of the election and the hours during which polling places will be open;
    3. instructions on how to cast an affidavit ballot and a concise statement of a voterís right to such a ballot;
    4. instructions relating to requirements for voting on voting machines by those registrants who must provide identification pursuant to the federal Help America Vote Act of 2002;
    5. instructions for first-time voters;
    6. a voterís bill of rights describing voterís rights under applicable federal and state law, including the right of accessibility and alternate language accessibility;
    7. information pertaining to voting by paper ballot, including information about the consequence of casting an overvote, steps to prevent unintentional undervoting and spoiled ballots;
    8. instructions on how to contact the appropriate officials if a voterís right to vote or right to otherwise participate in the electoral process has been violated; and
    9. general information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.
    The state board of elections shall prescribe the form and content of the voter information posting, which may be comprised of one or more pages, provided each page shall be posted separately. The state board of elections shall prescribe an official version of such voter information posting for every language which appears on any general, primary or special election ballot in any election district in the state and for such other languages as such board, in its opinion, determines is appropriate. Such posting shall be used in all jurisdictions, and a separate posting shall be made by election inspectors for each language appearing on the ballot and for such additional languages as the board of elections may require. A board of elections may modify or supplement the voter information posting used in its jurisdiction to provide additional or local information; provided, however, any such modification or supplementation shall be submitted to the state board of elections for prior approval.



New York State Election Law ß 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 his name and his residence address to the inspectors. An inspector shall then loudly and distinctly announce the name and residence of the voter.
    2-a.
    1. If a voterís name appears in the computer generated registration list with a notation indicating that the voterís 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:
      1. a driverís license or department of motor vehicles non-driver photo ID card or other current and valid photo identification;
      2. 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.
    2. If the voter produces an identification document listed in paragraph (a) of this subdivision, the inspector shall indicate so in the 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.
    3. 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.
    1. 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 applicantís name or make an entry next to his name on the computer generated registration list or in the place provided at the end of the computer generated registration list.
    2. A person who claims to have moved to a new address within the election district in which he 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 at the end of the computer generated registration list and shall also enter the new address next to such personís 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 on computer generated registration lists into its computer records for such persons.
    3. 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 at the end of 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 voterís name on the computer generated registration list. The voter shall sign first on the registration poll record or on the computer generated registration list, the name under which the voter is registered and, immediately above it, the new name, provided that on such a computer generated registration list, the new name may be signed in the place provided at the end of such list. 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 his name on the face of each of his registration records without completely obliterating the old one, and thereafter such person shall vote only under his new name. If a voter has signed a new name on a computer generated registration list, such board shall enter such voterís new name and new signature in such voterís computer record.
    4. 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 applicantís name and the other entries required in the third section of the challenge report or make an entry next to such applicantís name on the computer generated registration list or in the place provided at the end of the computer generated registration list.
    5. Whenever a voter presents himself and offers to cast a ballot, and the address at which he claims to live is in the election district in which he seeks to vote but no registration poll record can be found for him in the poll ledger or his name does not appear on the computer generated registration list or his signature does not appear next to his name on such computer generated registration list or his registration poll record or the computer generated registration list does not show him to be enrolled in the party in which he claims to be enrolled, he shall be permitted to vote only as hereinafter provided:
      1. He may present a court order requiring that he be permitted to vote. At a primary election, such a court order must specify the party in which the voter is permitted to vote. He shall be required to sign his full name on top of the first page of such order, together with his registration serial number, if any, and his 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 at the end of the computer generated registration list, or, if such personís name appears on the computer generated registration list, the board of elections may provide a place to make such entry next to his 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
      2. He may swear to and subscribe an affidavit stating that he has duly registered to vote, the address in such election district from which he registered, that he remains a duly qualified voter in such election district, that his registration poll record appears to be lost or misplaced or that his name and/or his signature was omitted from the computer generated registration list or that he has moved within the county or city since he last registered, the address from which he was previously registered and the address at which he currently resides, and at a primary election, the party in which he 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. The voterís 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 at the end of the computer generated registration list, with the notation that the voter has executed the affidavit hereinabove prescribed, or, if such personís name appears on the computer generated registration list, the board of elections may provide a place to make such entry next to his name on such list. The voter shall then, without further inquiry, be permitted to vote an emergency ballot provided for by this chapter. Such ballot shall thereupon be placed in the envelope containing his 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 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.
  1. At a primary election, a voter whose registration poll record is in the ledger shall be permitted to vote only in the primary of the party in which such record shows him to be enrolled unless he shall present a court order pursuant to the provisions of subparagraph (i) of paragraph (e) of subdivision three of this section requiring that he be permitted to vote in the primary of another party, or unless he 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 he is enrolled in a party other than the one in which such record shows him to be enrolled, or unless he shall subscribe an affidavit pursuant to the provisions of subparagraph (ii) of paragraph (e) of subdivision three of this section.
  2. Except for voters unable to sign their names, no person shall be permitted to vote without first identifying himself as required by this chapter.



New York State Election Law ß 8-303. Initial voter identification.
  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:
    1. the individual registered to vote in a jurisdiction by mail on or after January first, two thousand three; and

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

  2. Requirements.
    1. In general. An individual meets the requirements of this subdivision if the individual:
      1. in the case of an individual who votes in person:
        1. presents to the appropriate election inspector, clerk or coordinator a current and valid photo identification; or
        2. 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:
        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 other government document that shows the name and address of the voter.
    2. 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:
    1. 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;
      1. who registers to vote by mail and submits with such registration either:
        1. a driverís license or a department of motor vehicles non-driver photo ID number; or
        2. at least the last four digits of the individualís 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
    2. 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.



New York State Election Law ß 8-304. Voters; signature identification.
  1. A person before being allowed to vote shall be required, except as provided in this chapter, to sign his name on the back of his registration poll record on the first line reserved for his signature at the time of election which is not filled with a previous signature, or on the line of the computer generated registration list reserved for his signature. The two inspectors in charge shall satisfy themselves by a comparison of this signature with his registration signature and by comparison of his appearance with the descriptive material on the face of the registration poll record that he is the person registered. If they are so satisfied they shall enter the other information required for the election on the same line with the voterís latest signature, shall sign their names or initials in the spaces provided therefor, and shall permit the applicant to vote. Any inspector or inspectors not satisfied shall challenge the applicant forthwith.
  2. If a person who alleges his inability to sign his name presents himself to vote, the board of inspectors shall permit him to vote, unless challenged on other grounds, provided he had been permitted to register without signing his name. The board shall enter the words ďUnable to SignĒ in the space on his registration poll record reserved for his signature or on the line of the computer generated registration list reserved for his signature at such election. If his signature appears upon his registration record or upon the computer generated registration list the board shall challenge him forthwith, except that if such a person claims that he is unable to sign his name by reason of a physical disability incurred since his registration, the board, if convinced of the existence of such disability, shall permit him to vote, shall enter the words ďUnable to SignĒ and a brief description of such disability in the space reserved for his signature at such election. At each subsequent election, if such disability still exists, he shall be entitled to vote without signing his name and the board of inspectors, without further notation, shall enter the words ďUnable to SignĒ in the space reserved for his signature at such election.
  3. The voterís signature made by him upon registration and his signature made at subsequent elections shall be effectively concealed from the voter by a blotter or piece of opaque paper until after the voter shall have completed his signature.
  4. In any case where a person who has heretofore voted has placed his voting signature on the back of his registration poll record on the first or any succeeding line or lines at the time or times of an election, instead of on the last line of the space thereon required to be reserved for such voting signatures and on any lines next running upward therefrom, the inspectors of election shall obliterate such misplaced signature or signatures, initial the obliteration and require such voter to sign his name again in the correct place on such registration poll record.
  5. Any person who has heretofore registered and who at such time placed his or her registration signature on the back of the registration poll record otherwise than in the space required to be provided therefor at the bottom of such poll record, shall, before being permitted to vote at any election thereafter, subscribe a new registration signature for himself on the last line at the bottom of such poll record, and, at the same time, if the inspectors of election are satisfied that the signatures were made by the same person, obliterate his original registration signature placed elsewhere than on the bottom of such record. Such obliterations may be made by crossing out the signature so as to completely efface the same or by affixing thereover a piece of gummed tape of a size sufficient only to cover such signature and of a type adequate to fully conceal the same.



22 N.Y.C.R.R. ß 6217.9. Voter registration status.
  1. Each voter maintained in NYSVoter will be assigned a Voter Registration Status by the County Board which will determine the voterís eligibility to vote. The Voter Registration Status will be updated after an application is processed and an application disposition has been assigned. The discreet voter registration statuses and their definitions to be stored by NYSVoter are described below.
    1. Active - The voter is properly registered. The voter is eligible to vote in elections.
    2. Inactive - The voter is still eligible to vote in elections, but is not included in the poll book. NYSVoter shall allow a county election official to designate a voter as inactive, noting the reason for the designation, such as "election material mailed to registrant returned as undeliverable" or "moved with an out of county forwarding address", "affidavit ballots".
    3. Purged - The voter is no longer eligible to vote in an election, and will not appear in the list of registered voters. This list is to be utilized to prevent deceased voters from overwhelming valid voters when doing voter searches and to allow for voters who later re-register to vote to resurrect and utilize their unique identifier.
    4. Denied - The person was not a registered voter, and their most recent attempt at registration was denied.
    5. Incomplete - The person is not a registered voter, and their most recent registration attempt was Incomplete.
    6. Preregistered - The voter has met all the requirements to be an Active voter but has not yet attained the age of 18. Pre-registered voters that will be 18 years old on or before the election date are included in the poll book and are eligible to vote in the election. The voter must be 17 years old to preregister.
    7. Other Voter Status - NYSVoter may store the voter status of statutorily required voters including: Military, Uniform and Overseas Citizens, Special Presidential and Special Federal.
    8. NYSVoter may store Reason Codes indicating or explaining the reason for a specific voterís status including: Voter moved, Deceased, Mail check status, Cancellation due to felony conviction or adjudicated incompetence.



New York State Election Law ß 17-168. Crimes against the elective franchise not otherwise provided for.
    Any person who knowingly and wilfully violates any provision of this chapter, which violation is not specifically covered by any of the previous sections of this article, is guilty of a misdemeanor.




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