2006 New York Code - Casting Of Ballot; Absentee, Military, Special Federal And Special Presidential Ballots.

 
    §  9-104.  Casting  of ballot; absentee, military, special federal and
  special presidential ballots. 1. (a) Before opening the ballot  box,  or
  canvassing the paper ballots, any absentee, military, special federal or
  special  presidential  voters'  ballot envelopes received at the polling
  place shall be examined by the inspectors.
    (b) If a person whose name is on an envelope as a  voter  has  already
  voted in person at such election, or if his name and residence as stated
  on  the  envelope are not on a registration poll record, or the computer
  generated list of registered voters or the list of special  presidential
  voters,  or  if  there is no name on the envelope, or if the envelope is
  not sealed, such envelope shall be  laid  aside  unopened  and  returned
  unopened  to  the  board  of  elections  with  the  other returns of the
  election.
    (c) If there is more than one ballot envelope  executed  by  the  same
  voter,  the  one bearing the earlier date of execution shall be accepted
  and the other rejected. If it cannot be determined which envelope  bears
  the earlier date, then all such envelopes shall be rejected.
    (d)  If  such  person  is  found to be registered and has not voted in
  person, an inspector shall  compare  the  signature,  if  any,  on  each
  envelope  with  the  signature, if any, on the registration poll record,
  the computer generated list of registered voters or the list of  special
  presidential  voters, of the person of the same name who registered from
  the same address.   If the signatures  are  found  to  correspond,  such
  inspector   shall  certify  thereto  by  signing  his  initials  in  the
  "Inspector's Initials" column on the  last  blank  line  of  the  spaces
  reserved  for the voter's signature on the back of his registration poll
  record, or on the computer generated list of registered voters or in the
  "remarks" column as appropriate.
    (e) If such person is found to be registered  and  has  not  voted  in
  person,  and  if  no  challenge  is  made, or if a challenge made is not
  sustained, the envelope shall be opened, the ballot or ballots withdrawn
  without unfolding,  and  the  ballot  or  ballots  and  stubs,  if  any,
  deposited  in  the  proper  ballot  box or boxes, or envelopes, provided
  however that, in the case of a primary election, the stub, if any, shall
  be removed and the ballot and stub, if any, deposited in the box only if
  the ballot is of the party with which the voter is enrolled according to
  the entry on the back of his registration poll record  or  next  to  his
  name  on  the  computer  generated registration list; if not, the ballot
  shall be rejected without inspection or unfolding and shall be  returned
  to  the  envelope which shall be endorsed "not enrolled" and returned to
  the board of elections with the unopened envelopes, if any. At the  time
  of  the  deposit  of such ballot or ballots in the box or envelopes, the
  inspectors shall enter the words "absentee vote" or "military  vote"  in
  the space reserved for the voter's signature on the aforesaid last blank
  line  or list or in the "remarks" column as appropriate, and shall enter
  the year and month of the election  on  the  same  line  in  the  spaces
  provided therefor.
    2.  As  each envelope is opened, if one or more of the different kinds
  of ballots to be voted at  the  election  are  not  found  therein,  the
  clerks,  or  inspectors,  shall make a memorandum showing what ballot or
  ballots are missing.  If a ballot envelope shall contain more  than  one
  ballot  for  the same offices, all the ballots in such envelope shall be
  rejected. When the casting of such ballots shall have been completed the
  clerks or inspectors shall ascertain the number of such ballots of  each
  kind  which  have been deposited in the ballot box by deducting from the
  number of envelopes opened the number of missing ballots, and shall make
  a return thereof in duplicate. The number of  absentee  voters'  ballots
  deposited  in  the  ballot  box  shall  be  added to the number of other
  ballots deposited in the ballot box, in order to determine the number of
  all ballots of each kind to be accounted for in the ballot box.