Legislation
SECTION 8-702
Early voting by mail; review of application by board of elections
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 7
§ 8-702. Early voting by mail; review of application by board of
elections. 1. Upon receipt of an application to vote early by mail the
board of elections shall determine whether the applicant is a registered
voter of the county or city at the address listed in the application and
is eligible to vote in the election or elections for which the
application is filed. An application to vote early by mail filed or
received simultaneously with or on the same day as a valid registration
application from the applicant shall be considered valid.
2. If the board of elections determines that the applicant is not a
registered voter of the county or city at the address listed in the
application pursuant to subdivision one of this section or the applicant
is not eligible to vote in all of the elections for which the
application is filed, the board of elections shall immediately notify
the applicant of the rejection of the application to vote early by mail
and provide the reason for such rejection.
3. In the case of a primary election, the board of elections 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 they
are not being sent a ballot.
4. The board shall keep a record of applications to vote early by mail
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 registered voter upon
request, a complete list of all applicants to whom early mail 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.
elections. 1. Upon receipt of an application to vote early by mail the
board of elections shall determine whether the applicant is a registered
voter of the county or city at the address listed in the application and
is eligible to vote in the election or elections for which the
application is filed. An application to vote early by mail filed or
received simultaneously with or on the same day as a valid registration
application from the applicant shall be considered valid.
2. If the board of elections determines that the applicant is not a
registered voter of the county or city at the address listed in the
application pursuant to subdivision one of this section or the applicant
is not eligible to vote in all of the elections for which the
application is filed, the board of elections shall immediately notify
the applicant of the rejection of the application to vote early by mail
and provide the reason for such rejection.
3. In the case of a primary election, the board of elections 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 they
are not being sent a ballot.
4. The board shall keep a record of applications to vote early by mail
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 registered voter upon
request, a complete list of all applicants to whom early mail 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.