2006 New York Code - Voting; Verification Of Registration.

 
    §  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.  (a)  If  a  voter's  name  appears  in  the  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 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 his name  on  the
  computer generated registration list or in the place provided at the end
  of the computer generated registration list.
    (b)  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 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 on 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 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 voter's  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 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 on the computer generated
  registration list or in the place provided at the end  of  the  computer
  generated registration list.
    (e) 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:
    (i)  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 person's 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
    (ii)  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 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 at the  end  of
  the  computer  generated  registration  list, with the notation that the
  voter has executed the affidavit hereinabove  prescribed,  or,  if  such
  person's  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.
    4. 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.
    5. Except for voters unable to sign their names, no  person  shall  be
  permitted  to vote without first identifying himself as required by this
  chapter.