NEW YORK. Comprehensive Frequently Asked Questions. Disclaimer:

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1 NEW YORK Comprehensive Frequently Asked Questions Disclaimer: This guide is designed for informational purposes only. It is not legal advice and is not intended to create an attorney-client relationship. The Election Protection Coalition does not warrant any information contained in this guide, nor does the Coalition suggest that the information in this guide should be used as a basis to pursue legal advice or decision making. This manual was prepared with the pro bono resources of one or more law firms together with the Lawyers Committee for Civil Rights Under Law. The Lawyers Committee is indebted to this generous contribution of time and effort the Election Protection program would not be possible without law firm support New York Voters Bill of Rights Summary State And Local Election Officials I. The State Board of Elections II. County and City Electoral Boards III. Election Inspectors, Coordinators, and Poll Clerks IV. Training Voter Registration I. Information for Registrants A. Registration Eligibility College Student Eligibility Uniformed Services and Overseas Citizens B. Restrictions on the Right to Vote New York State Convictions Federal Convictions Other States Convictions Adjudication of Incompetence Potential Disenfranchisement Problems in New York C. Applying for or Updating Voter Registration D. In Person Local Registration E. Deadlines for Voter Registration F. Processing Registration Applications II. Information for Third Party Registration Groups A. Details on Submission of Applications III. Statewide Voter Registration Database A. Voter Lists B. Removal C. Procedures for Personal Requests for Removal D. Notice to Voter E. Maintenance of Records F. Correcting the Registration List: Applications and Challenges 1

2 Polling Places and Election Day Preparation I. Preparation for Election Day A. Precincts B. Polling Place Changes C. Voting Machines D. Certification of Voting Machines II. Polling Place Procedures A. Hours Polls to be Open B. Voting During Working Hours C. Information Posted at Polling Locations D. Who May be Present III. Polling Place: Prohibited Conduct Absentee Voting I. Generally A. Who May Vote by Absentee Ballot B. Procedures and Deadlines for Requesting an Absentee Ballot C. Returning Absentee Ballots D. Assistance with Absentee Voting E. Who May Vote by Special Ballot? Election Day Presidential Elections F. What If a Person Does Not Receive His or Her Absentee Ballot? II. Absentee Voting for Overseas and Military Voters A. A Single Federal Postcard Application B. Who May Vote by Military Ballot? Voting and Election Day Information I. General information A. Voters in Line when Polls Close B. Casting a Ballot C. Identification II. III. Assistance to Voters at the Polling Place A. Accessibility of Polls to Persons with Disabilities B. Assistance in the Voting Booth C. Assistance in Languages Other Than English Impact of Moving/Changing Names A. Moving Between Districts B. Moving Within an Election District C. Name Changes IV. Provisional (Affidavit) Voting V. Challenges A. Who May Challenge a Voter B. Challenge Procedure at a Polling Site C. Grounds for Challenge Post-Election Procedures I. Counting the Ballots Generally II. Counting Provisional (Affidavit) and Absentee Ballots 2

3 Relevant Statutory Language Section I State and Local Election Officials Section II Voter Registration Section III Polling Places & Election Day Preparation Section IV Absentee Voting Section V Voting and Election Day Information Section VI Post-Election Procedures Appendix A Voter Registration Centers 3

4 NEW YORK VOTERS BILL OF RIGHTS You have the right to vote it s the law, and you have the proof in your hands! You ll notice letters and numbers after each of your rights listed below-those codes tell lawyers and poll-workers where to find the actual New York statute that protects your right to vote! These rights are guaranteed to properly registered and qualified voters. You have the right to bring this bill of rights with you into the polling area-if you feel your rights have been violated, please call the Election Protection lawyer hotline toll free: OUR-VOTE. YOU HAVE THE RIGHT TO VOTE (1) IF YOU ARE IN LINE at the polling place any time from when the polls open at 6:00 a.m. until they close at 9:00 p.m. N.Y. Elec. Law 8-100(2); 8-104(5). (2) BY REGULAR BALLOT WITHOUT PRESENTING ANY FORM OF IDENTIFICATION after your signature is verified, unless you are a first-time voter who registered by mail and you have not previously provided satisfactory proof of identity to the supervisor of elections. You do NOT need to have your voter registration identification card with you on Election Day. N.Y. Elec. Law 5-214, 8-303, 8-304(1). (3) IF YOU ARE A FIRST-TIME VOTER, BY REGULAR BALLOT WITH SATISFACTORY PROOF OF IDENTITY if you did not provide proof of identity when you registered to vote. You can prove your identity with any of the following: driver s license, other current and valid photo identification, or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows your name and address. N.Y. Elec. Law 8-302(2-a)(a). (4) IF YOU ARE A FIRST-TIME VOTER WHO DOES NOT HAVE THE NECESSARY IDENTIFICATION, and you did not provide identification when you registered, you may vote by affidavit (provisional) ballot. N.Y. Elec. Law 8-302(2-a)(c). (5) IF YOUR NAME DOES NOT APPEAR ON THE PRECINCT REGISTER because you have moved within the city or county where you last registered to vote, or if your eligibility to vote cannot be determined, you may vote by affidavit (provisional) ballot. You must complete an affidavit swearing that you have properly registered to vote, that you live at an address within the district, and, if you recently moved, the address at which you previously registered as well as your new address. A voter must be in the correct precinct in order for the affidavit ballot to count. N.Y. Elec. Law 8-302(3)(e)(ii). (6) BY REGULAR BALLOT IF YOU HAVE MOVED WITHIN THE SAME ELECTION DISTRICT in which you are registered to vote. N.Y. Elec. Law 8-302(3)(b). (7) AFTER YOU HAVE CHANGED YOUR NAME, by signing both your old and new names. N.Y. Elec. Law 8-302(3)(c). (8) IF YOU ARE A PRETRIAL DETAINEE, OR IF YOU HAVE BEEN CONVICTED OF A FELONY but (i) were not sentenced to death or imprisonment (or your imprisonment sentence has been suspended), (ii) have served the full length of the sentence, including parole, or (iii) have been pardoned or restored your rights of citizenship by the governor or the president, and have registered to vote since then. N.Y. Elec. Law 5-106(2)-(5). (9) BY AFFIDAVIT (PROVISIONAL) BALLOT EVEN IF SOMEONE CHALLENGES your right to vote. N.Y. Elec. Law 8-302(3)-(3-a). 4

5 (10) And to RECEIVE NON-ENGLISH ballots, instructions, and other voting materials in certain counties. In New York (Manhattan), Kings (Brooklyn), and Queens Counties, voters have a right to ballots in Chinese, Korean and Spanish; and in Bronx, Nassau, Suffolk and Westchester Counties, to ballots in Spanish. 28 C.F.R (b); Voting Rights Act 4(f)(4) (cited as 42 U.S.C. 1973b(f)(4)); 203(c) (cited as 42 U.S.C. 1973aa-1a(c)). (11) And to REQUEST ASSISTANCE IF YOU CANNOT READ OR WRITE, or you are blind or otherwise disabled. You may be assisted by a person of your choice other than your employer or union agent, or by two election officials (one each from two political parties). N.Y. Elec. Law 8-306(1)-(5). (12) WITH YOUR CHILD or ward under age 16 with you in the voting booth. N.Y. Elec. Law 8-106(3); 8-300(2). (13) And RECEIVE WRITTEN OR ORAL INSTRUCTIONS about voting from election officials. N.Y. Elec. Law 8-104(1-a); 8-306(7) (14) And to RECEIVE UP TO TWO REPLACEMENT BALLOTS if you make a mistake on your ballot while voting. N.Y. Elec. Law 8-312(1); (15) WITHOUT BEING SOLICITED when you are within 100 feet of the entrance to the polling place. N.Y. Elec. Law 8-104(1). (16) DURING WORK HOURS, only if (i) you do not have 4 consecutive hours while the polls are open that you are not scheduled to work, and (ii) you intend to vote at the beginning or end of your shift, and (iii) if you notify your employer not more than ten nor less than two working days before the election that you require time off to vote. N.Y. Elec. Law (17) And LEARN WHETHER YOUR AFFIDAVIT (PROVISIONAL) BALLOT WAS COUNTED and, if not, the reason that the vote was not counted. N.Y. Elec. Law 8-302(3-c); 9-212(4). YOU HAVE THE RIGHT TO TAKE THIS BILL OF RIGHTS INTO THE VOTING BOOTH WITH YOU. 5

6 Summary STATE AND LOCAL ELECTION OFFICIALS Table of Contents: I. The State Board of Elections II. County and City Electoral Boards III. Election Inspectors, Coordinators, and Poll Clerks IV. Training I. The State Board of Elections Consists of four members appointed by the Governor for two-year terms, two recommended by the state committees of the two major political parties, and two recommended by the legislative leaders of the two major political parties. The State Board of Elections must: Issue instructions and promulgate rules and regulations relating to the electoral process, campaign practices, and campaign financing. Visit county boards of elections and recommend revisions to their procedures. Enforce the election code. Source: N.Y. Elec. Law 3-100(1), 102(1), (2), 104. II. County and City Electoral Boards The most up to date contact information for each county board of elections is available at County and city Electoral Boards consist of two members appointed for two-year terms, except that (i) the county legislative body of a county having a population of more than 120,000 may, by local law, increase the number of commissioners to four and (ii) in the city of New York, the board must consist of ten commissioners. Each commissioner is appointed for a two year term, except that in the city of New York and the county of Schenectady, the term is four years. Each commissioner is appointed by the county s legislative body upon recommendation of the county s major political party committees, except that in the city of New York, the commissioner is appointed by the city council. The county and city Electoral Boards must: Choose which voting machines to use, as long as the machine has been approved by the state Board of Elections; Provide ballots for all elections; Designate polling places; 6

7 Determine local results after primary, municipal, and special elections; After general elections for federal and state officials, certify results to state Board of Elections. Source: N.Y. Elec. Law 3-200(2), 204; 3-202; 4-104; 7-100, 200; 9-206, 214. III. Election Inspectors, Coordinators, and Poll Clerks New York will have no fewer than four election inspectors per district, with appointments equally divided among the major political parties. These inspectors will administer and supervise elections at the polling places, and keep access to polling places unobstructed. There will also be two poll clerks stationed at each general election in each election district where two voting machines are used. If a town only has one voting machine, there may also be up to two clerks appointed if the board of elections deems it appropriate. The town may have the city Board of Elections prescribe the duties of the poll clerks. Election coordinators will be appointed at the discretion of the Board of Elections and will help voters get to their proper polling places as well as assist election officials and perform other tasks designated by the board on Election Day. Source: N.Y. Elec. Law 3-400(1)-(3), 401(1), (2), 402. IV. Training At least once a year, the board of elections will instruct election inspectors, poll clerks, and election coordinators. Formal instruction will inform election inspectors, poll clerks, and election coordinators about election law, the taking of registrations, the use of voting machines, and their duties in connection therewith, the rights of voters at the polls and the obligation of election workers to protect those rights while maintaining the integrity of the franchise. Before certification, election inspectors, poll clerks, and election coordinators must pass an examination following the course of instruction. The state board of elections will supply each county board of elections with instruction material to be used to prepare for the examinations and will provide uniform directions for the conduct of the examinations. The county board of elections will notify those who have passed the examination or are excused from the examination within two weeks that they are certified to serve. Each board of elections will reproduce a booklet of instructions for inspectors prepared by the state board of elections and give the booklet to each inspector at the course of instruction. Source: N.Y. Elec. Law 3-412(1)-(5). 7

8 VOTER REGISTRATION Table of Contents: I. Information for Registrants A. Registration Eligibility College Student Eligibility Uniformed Services and Overseas Citizens B. Restrictions on the Right to Vote New York State Convictions Federal Convictions Other States Convictions Adjudication of Incompetence Potential Disenfranchisement Problems in New York C. Applying for or Updating Voter Registration D. In Person Local Registration E. Deadlines for Voter Registration F. Processing Registration Applications II. information for third party registration groups A. Details on submission of applications III. Statewide Voter registration database A. Voter Lists B. Removal C. Procedures for Personal Requests for Removal D. Notice to Voter E. Maintenance of Records F. Correcting the Registration List: Applications and Challenges I. Information for Registrants A person must be registered in order to vote in New York. A. Registration Eligibility In order to be eligible to register to vote in New York an individual must: be a US citizen; be 18 years old by the date of the election and by December 31st of the year the person registers; be a resident of New York and of the county, city, or village in which the individual plans to vote for a minimum of 30 days preceding the election; The term residence refers to the place where a person maintains a fixed, permanent, and principal home and to which he or she, wherever temporarily located, always intends to return; A person does not lose residency by reason of absence while employed in the service of the United States; while a student at an institution of higher learning; while kept at any welfare institution, asylum, or any other public institution; or while confined in any public prison. Source: N.Y. Elec. Law 1-104(22); 5-102(1), 104(1), 210(5)(g). 8

9 College Student Eligibility Out of state students are able to register to vote in New York while attending school in the state if they are otherwise eligible and are not registered to vote anywhere else. Source: N.Y. Elec. Law 1-104(22); 5-102(1), 104(1), 210(5)(g). Uniformed Services and Overseas Citizens A person who is otherwise a New York resident serving overseas in the military may be a registered voter in New York and vote in New York notwithstanding his or her presence overseas. Source: N.Y. Elec. Law 5-104(1). Application Process Application forms are designated by the state board of elections and must include certain information designed to enable the board of elections to assess the eligibility of the applicant and to administer voting registration. Source: N.Y. Elec. Law 5-210(2)(a), (5). B. Restrictions on the Right to Vote New York State Convictions A person convicted of a felony and sentenced to imprisonment or death under New York law does not have the right to register to vote or vote unless: the person has been pardoned or restored to the rights of citizenship by the Governor; if sentenced to imprisonment, his or her sentence has been suspended; he or she has completed the maximum sentence of his or her imprisonment; or the person has been discharged from parole. The Governor of New York may make it a condition of any pardon that the person will not have the right to vote unless it is separately restored. Source: N.Y. Elec. Law 5-106(2), (5). Federal Convictions A person convicted of a felony in federal court does not have the right to register to vote or vote unless the person has been pardoned or restored to the rights of citizenship by the President of the United States, or the person has completed the maximum sentence of his or her imprisonment, or if sentenced to imprisonment, his or her sentence has been suspended or the person has been discharged from parole. Source: N.Y. Elec. Law 5-106(3), (5). 9

10 Other States Convictions A person convicted in another state of a crime that would be a felony in New York does not have the right to register to vote or to vote unless the person has been pardoned or restored to the rights of citizenship by the governor or other appropriate authority of that state, or the person has completed the maximum sentence of his or her imprisonment, or if sentenced to imprisonment, his or her sentence has been suspended or the person has been discharged from parole. Source: N.Y. Elec. Law 5-106(4), (5). Adjudication of Incompetence A person adjudged incompetent by a court does not have the right to vote until he or she has since been adjudged competent. Source: N.Y. Elec. Law 5-106(6). Potential Disenfranchisement Problems in New York Because registration lists in New York do not automatically remove the name of previously disenfranchised voters who have had their right to vote restored from the list of disenfranchised voters, voters with felony convictions may be incorrectly refused the opportunity to vote. In such a case, a voter has the right to complete a provisional (affidavit) ballot. New York law does not require the voter to provide any proof of his or her restored right to vote. Note, however, that a felon may have been removed from the registration roll during his or her period of ineligibility and so may need to re-register. Source: N.Y. Elec. Law 5-106(2)-(4), 400; 8-302(3)-(3-a). C. Applying for or Updating Voter Registration New York voters may apply for registration: In person on any day except Election Day at the Board of Elections; At a New York State Agency-based Voter Registration Center, a list of which can be found in Appendix A; By mail. Mail-in registration forms are available at the New York State Board of Elections website ( or by calling the State Board of Elections hotline at l-800-for-vote; All schools of the state and city universities of New York must provide an application for registration to each student at the beginning of every school year and again in January of a year in which the President of the United States is to be elected. Source: N.Y. Elec. Law 5-210(1), 211. D. In Person Local Registration Between the sixth Saturday and the fourth Saturday before each general election, the Board of Elections shall meet for the purpose of taking registration of voters. 10

11 Local registration shall always be received by two members of the local board of inspectors, representing respectively the two political parties. The last day of local registration shall be uniform throughout the state and such registration day shall be designated by the state Board of Elections not later than the first day of June preceding the general election. In presidential election years, that date shall not be more than 30 days before the general election. After completing the necessary registration forms, the inspectors of election shall require the applicant to sign the two registration records. Source: N.Y. Elec. Law 5-202(1)-(3), 204(g). E. Deadlines for Voter Registration Method By Mail 2012 Application Deadline September 13 Primary: Postmarked by August 17 (the 25th day before the election) and received by a board of elections by August 24. November 6 General Election: Postmarked by October 12 (the 25th day before the election) and received by a board of elections by October 17. In Person September 14 Primary: Must apply by August 17. November 2 General Election: Must apply by October 12, except if a person will be honorably discharged from the military or will become a naturalized citizen after October 12 (the 25th day before the general election), in which case a person has until October 26 (ten days prior to the general election). Source: N.Y. Elec. Law 5-210(3), (4). F. Processing Registration Applications Completed application forms, when received by any Board of Elections no later than the twentieth day before each election, shall entitle the applicant to vote in such election if he or she is otherwise qualified. 11

12 Any county Board of Elections receiving an application from a person who does not reside in its jurisdiction, but who does reside elsewhere in the state of New York, shall forward such application form to the proper county Board of Elections. Once it has received a voter registration application, the county board of elections must verify the identity of the applicant within 21 days. The voter s registration and enrollment will be deemed complete upon receipt of the application by the appropriate county board of elections. The approval notice will also include the date when his registration is effective, the date and hour of the next regularly scheduled primary or general election in which the voter will be able to vote, the address of the polling place of the election district in which the voter will be a qualified voter, whether such polling location is accessible to physically handicapped voters, an indication that voters who are ill, handicapped or out of the city or county on the day of the election may obtain an absentee ballot, the phone numbers to call for the absentee ballot application, location of polling places or to obtain registration forms, and the phone number to call to indicate that the voter is willing to serve as an inspector, poll clerk, or interpreter on Election Day. If the board is unable to verify the identity of the applicant within 45 days of the application, the board shall mail a second notice to the applicant. If the board remains unable to verify the identity of the voter, it shall indicate this with a notation next to the voter s name in the registration list. Such a voter may provide information verifying his or her identity at any time, including on Election Day. If an examination of the applicant does not satisfy the board s suspicion, the board may order an investigation through an officer or employee of the state or county board of elections, police officer, sheriff, or deputy sheriff. If an affidavit or signed statement by an officer shows that he or she visited the premises the applicant claimed as his or her residence and was informed by one or more named persons residing there or acting as owner or landlord of the premises that the person knew the residents therein and the applicant did not reside there, the board may determine that the applicant is not entitled to registration or enrollment. This provision does not preclude the board from making another determination, as the result of another inquiry, as it may deem appropriate. If the board does not accept the registered applicant, it will notify the applicant of the rejection and the reason why no later than 10 days before the day of the first primary or general election occurring at least 25 days after the filing of the application. Source: N.Y. Elec. Law 5-210(3), (9), (10), (11)-(14). II. Information for Third Party Registration Groups A. Details on Submission of Applications Any participating agency, including the Department of Motor Vehicles, which receives voting registration applications will transmit all completed applications for registration forms and change of address forms not later than 10 days after receipt. If an agency receives a completed registration form or change of address form (for voting purposes) between the 30th and 25th day before a general, special, or primary election, it must transmit the form to the appropriate board by whatever means to assure that board s receipt of the form no later than the 20th day before the election. 12

13 See Appendix A for a list of participating state agencies. Source: N.Y. Elec. Law 5-211, 5-212(6), (7). III. Statewide Voter Registration Database There shall be one official record of the registration of each voter. Such record shall be maintained in an interactive, statewide, computerized, voter registration list by the state board of elections. Source: N.Y. Elec. Law 5-614(1) A. Voter Lists The Board of Elections must publish a list of registered voters for each election district after the last day of local registration and at least six days before the general election. In its discretion, the Board of Elections may publish a separate list of inactive voters. The Board of Elections must print as many copies of the Voter Registration List as it determines will be necessary to satisfy demand for the list and shall keep at least five copies for public inspection at each main office or branch of the board. Source: N.Y. Elec. Law 5-602(1), (3). B. Removal Once a voter is registered, that voter s name will be removed from the registration books under the following circumstances: The voter has moved outside the city or county in which he or she is registered; The voter has been convicted of a felony and sentenced to imprisonment or death (subject to the exceptions in 5-106; also found on page 6 of this manual); The voter has been adjudged incompetent; The voter has refused to take a challenge oath; The voter has died; The voter has not voted in two consecutive federal elections after his or her name was placed by the board of elections on inactive status and the board of elections has not received any information that the voter still resides in the same city or county; At the request of the voter; or For any other reason, the voter is no longer qualified to vote as provided in New York law. Source: Source: N.Y. Elec. Law 5-400(1). 13

14 C. Procedures for Personal Requests for Removal Any voter may personally request to have his or her name removed from the list of registered voters. A personal request to be removed from the list of registered voters may be in any of the following forms: A signed statement making the removal request; A signed notice that the registrant has moved to an address outside the city or county sent to the board of elections; A signed notice of a change of address, stating that the notice is for voter registration purposes; or A notice from another Board of Elections or other voter registration officer that the voter has registered from an address outside the city or county in which he or she was previously registered. Source: N.Y. Elec. Law 5-400(2). D. Notice to Voter Before canceling a voter s registration, the board of elections must notify the voter in a form approved by the state board of elections, by first class forwardable mail to the address from which the voter was last registered, that he or she may appear before the board or answer in writing by mail within fourteen (14) days after the notice is mailed, stating the reasons why his registration should not be cancelled. In its notice of cancellation of registration, the board must also advise the voter of his right to reregister and must provide: the phone number to call for the days and hours of local registration and the location of local registration places, the deadline for personal registration by mail for the next general election, and the phone number to call to obtain additional applications for personal registration by mail. If the voter responds, should the board still decide to cancel his or her registration, the board shall notify the voter immediately with advisement of how to re-register or informing the voter of his or her right to apply to a court of law for reinstatement, whichever is appropriate. If a voter does not protest the cancellation within 14 days of receipt of such notice, his or her registration will be cancelled and he or she will be required to re-register in order to vote in the next election. The board is not required to send a notice to cancel the registration of a voter who has made a personal request to be removed from the list of registered voters. Source: N.Y. Elec. Law E. Maintenance of Records The state board of elections shall establish minimum standards for statewide voter registration list maintenance and, at a minimum, must ensure that: (1) the name of each registered voter is on the statewide voter list, 14

15 (2) the only names removed from the list are people who are not registered or not eligible to vote, and (3) the prior registrations of duplicate names are removed from the list. The state board of elections is also responsible for providing adequate security measures to prevent unauthorized access to the statewide voter registration list. At least once a month, the board of elections must transmit to the appropriate board of elections a list of the names, old addresses, and new addresses of every voter whose registration was cancelled because the voter moved to an address in the jurisdiction of the board to which the list is sent, unless the board of elections sending the list has received notice that the voter has already registered to vote from the new address. The state health department and the department of health of the city of New York have the responsibility of delivering records of the names of all persons of voting age for whom death certificates were issued at least monthly to the state board of elections. Courts have a similar obligation, in that they are required to deliver records of the names of all persons who are convicted and lose voting privileges or who are adjudged incompetent, on a quarterly basis. Source: N.Y. Elec. Law 5-402(4), 614(12)-(13), 708(1)-(3). F. Correcting the Registration List: Applications and Challenges Any person may bring a challenge against a board of elections to correct the mistaken cancellation or removal of a voter from the statewide, single, official voter registration list, or to compel the removal of an ineligible voter from the list. Source: N.Y. Elec. Law 5-614(10). 15

16 Polling Places and Election Day Preparation Table of Contents I. Preparation for Election Day A. Precincts B. Polling Place Changes C. Voting Machines D. Certification of Voting Machines II. Polling Place Procedures A. Hours Polls to be Open B. Voting During Working Hours C. Information Posted at Polling Locations D. Who May be Present III. Polling Place: prohibited conduct I. Preparation for Election Day A. Precincts Election districts are determined by the Board of Elections. An election district shall contain not more than 950 registrants (1150 with the approval of the county board of elections), but any district may be divided for the convenience of voters. Every board of elections shall, in consultation with each city, town and village, designate polling places. Each polling place shall provide access to physically disabled voters in compliance with the Americans with Disabilities Act of Wherever practicable, each polling place shall be situated on the main or ground floor of the premises and shall be situated directly on a public transportation route. It shall be of sufficient size to accommodate a number of voters consistent with New York State Regulation. When the board of elections considers it necessary to change, divide, or combine any precinct or to relocate a polling place, it must do so on or before February 15 with an effective date of April 1. Source: N.Y. Elec. Law 4-100(1)-(3), (5), 104(1), (1-a-c), (6). B. Polling Place Changes If the board of elections, after designating a polling place, and after sending written notice of such polling place to each registered voter, designates a different polling place, it must in writing notify each of the registrants in the precinct of the change by mail at least five days prior to the next election or day of registration. If such notice is not possible the board of elections must provide for an alternative form of notice to be given to voters at the location of the previous polling place. Source: N.Y. Elec. Law (2). 16

17 C. Voting Machines The board of elections shall provide a sufficient number of voting machines to fully equip all election districts within its jurisdiction. The election inspectors must establish a guard rail in each polling site in which the voting machine, ballots, and other voting equipment are enclosed. No voting machine may be adopted for use at elections unless the person or corporation owning the machine has had the machine examined by the board of elections. The state board will examine the machine and submit a report as to whether the machine meets the following requirements: Allow voting for all candidates who may be nominated and on all ballot proposals which may be submitted; Ensure the amount of space between the names of any two candidates of any party or independent body in any row or column is no greater than the amount of space between the names of any other candidates of such party or independent body at such election; Permit a voter to vote for any person for any office, whether or not nominated as a candidate by any party or independent body; Be constructed so that a voter cannot vote for a candidate or on a ballot proposal for whom or on which he or she is not lawfully entitled to vote; Be constructed to prevent inadvertent voting for more than one person for office, or for more people than is lawful for that office, or from voting for the same candidate twice; Permit a voter to privately and independently verify votes selected and change the votes before the ballot is counted; Be provided with a protective counter which records the number of times the machine has been operated since it was built; Be provided with a public counter which records the number of persons who have voted on the machine at each separate election; Have a lock or locks, or other device the use of which will prevent any movement of the voting or registering mechanism or the recording of any additional votes; Have sufficient space to display the information required; Have a device for printing or photographing all counters or numbers recorded by the machine before the polls open and after they close; Retain all paper ballots that are cast and retain a voter verified permanent record, which shall be presented to the voter from behind a window or other device before the ballot is cast, in a manner that protects the privacy of the voter, and must allow a manual audit; 17

18 Be illuminated so that voters can read the ballot labels and so that it is suitable for the use of election officers in examining the counters; Contain a screen and hood or curtain which will be made and adjusted to conceal the voter and his action while voting; Be constructed so as to allow voting by persons in wheelchairs; Contain a device which enables the election inspectors and polls watchers to determine when the machine has been activated for voting and when the voter has completed casting his or her vote; Permit the primaries of at least five parties to be held on the machine at a single election; Ensure the integrity and accuracy of the voting system by being capable of conducting both pre- and post-election testing of the logic and accuracy of the system; Provide a means by which a malfunctioning machine or system shall secure any votes already cast; Permit alternative language accessibility by having the capacity to display the full ballot in alternative languages as required by the Voting Rights Act; and Not include any device or functionality potentially capable of externally transmitting or receiving data via the internet, radio waves, or other wireless means. The state board of elections shall also approve, for use at each polling place, a machine that shall be equipped with tactile discernible controls, an audio voting feature that communicates the content of the full ballot, and is capable of being equipped with a pneumatic switch voting attachment that can be operated orally by gentle pressure. No punch card ballot or punch card voting system may be used. The election inspectors are also responsible for ensuring that: A guard rail is placed in each polling site, in which the ballot scanner, ballot marking device, privacy booths, and other voting equipment are enclosed. Privacy booths contain conspicuous instructions on how to properly mark ballots and that voters are provided with proper writing instruments. Each ballot scanner and ballot marking device is in good working order and inspect the privacy booths placement to preserve the secrecy of voting; A conspicuous notice, in English and in other languages as required, is displayed in a prominent place instructing the voter to on how to properly mark a ballot in order to have his or her vote counted. Source: N.Y. Elec. Law 7-201, 202(1), (2), 203(1), 209; 8-102(1)(d), (g), (i). 18

19 D. Certification of Voting Machines No voting machine may be adopted for use at elections unless the person or corporation owning the machine has had the machine examined by the board of elections. If any change is made to the operation or material of a machine previously approved, such machine must be submitted for reexamination and re-approval. If at any time the board of elections begins to believe that a previously approved voting machine does not meet the requirements set out earlier, it will require that such machine or system be examined again in the matter described above. If the examination fails to show that the machine or system can be used safely and properly, the state board of elections will rescind its approval of such machine or system. Source: N.Y. Elec. Law 7-201, 202(1), (2), 209. II. Polling Place Procedures A. Hours Polls to be Open For primary elections: 6:00 a.m. 9:00 p.m. in the City of New York and the counties of Nassau, Suffolk, Westchester, Rockland, Orange, Putnam and Erie; 12:00 p.m. (noon) 9:00 p.m. in all other counties. For general elections: 6:00 a.m. 9:00 p.m. Source: N.Y. Elec. Law 8-100(2). B. Voting During Working Hours A registered voter is entitled to take up to two hours off from work without loss of pay in order to vote if: She or he has less than four consecutive hours before or after work during which to vote; and She or he has notified her or his employer no more than ten days and no less than two days prior to the election of the need for time off to vote. Unless otherwise mutually agreed, time off for voting must be at the beginning or end of the shift. At least ten days prior to each election, employers are obligated to post information regarding these regulations. Source: N.Y. Elec. Law 3-110(1)-(4). 19

20 C. Information Posted at Polling Locations The following voting information must be posted in every polling place on the day of every election: A sample version of the ballot that will be used for that election and instructions for using the ballot scanner and ballot marking devices; A statement that today is Election Day and the hours the polling place will be open; Instructions on how to vote, including how to cast a vote and how to cast a provisional (affidavit) ballot; A voter s Bill of Rights, describing voter s rights under federal and state law, including the right of accessibility and alternative language accessibility; Instructions on voter identification requirements; Instructions for first-time voters; General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional (affidavit) or paper ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; General information on federal and state laws regarding prohibitions against acts of fraud and misrepresentation. Source: N.Y. Elec. Law 8-102(1)(b), 104(1-a) D. Who May be Present No person who is not an election official, employee, observer, or police officer is allowed within the guard-rail enclosing the ballots or voting machines, except for the purpose of voting, assisting another person to vote, or for the sole purpose of attending for educational purposes. A number of officials are charged in each election district with the duty to maintain orderly proceedings on Election Day. These include: Election Inspectors: There will be four Board of Elections appointed inspectors two from each party in each election district to safeguard the rights of voters and ensure that affidavit ballots are correctly filled out and signed; Poll Clerks: The board of elections may require that poll clerks be designated (equally divided between parties) at any primary or general election, and for general elections two clerks shall be designated when two voting machines are used, or paper ballots in addition to a voting machine, and four clerks shall be designated when paper ballots are used in addition to more than one voting machine; Election Coordinators: Election coordinators may be appointed by the Board of Elections of each County to direct voters to their proper polling place and assist election inspectors and poll clerks in the performance of their duties; 20

21 Police Officers: In the City of New York, at least one police officer shall be present at each polling site to maintain order as directed by the election inspectors and to take boxes or envelopes containing any ballots or stubs to the board of elections. Election Watchers: Watchers are representatives of the parties who witness meetings by inspectors regarding registrations and counting of ballots to ensure precision and compliance with the law. Each party with a candidate on the ballot is entitled to appoint up to three election watchers to ensure compliance with election law. In order to appoint a watcher, the Chairman or secretary of the party with which the Election Watcher is affiliated must issue a certificate that is delivered to an inspector at the election district with the election officials at the polling site. The watchers are entitled to be present at a polling place from 15 minutes prior to the unlocking and examination of a voting machine or ballot box until the signing of the Election Inspector s returns and proclamation of the results. Further, election watchers: Must be qualified voters of the city or county in which the polling site is located; Must file a certificate issued by the Chairman of the party with which the Election Watcher is affiliated with the election officials at the polling site; Must refrain from campaigning inside and within 100 feet of the polling site; Must not obstruct, hinder, or delay any voter; Are entitled to challenge the right of a person to vote in the election; and Are entitled to observe the counting of the ballots and to compare the announced results to the numbers indicated by the voting machines. In addition to poll watchers, election observers may include Department of Justice attorneys, federal observers, and community groups representing language minorities. Election observers have all the same powers as poll watchers but may not challenge voters. Source: N.Y. Elec. Law to 402; 5-206(1); 8-104(1), (2), (6), 106, 500(1)-(4), 502; 9-102(3)(a), 124(2); (7); Voting Rights Act 5, 203. III. Polling Place: Prohibited Conduct During the times the polls are open, it is illegal for any person to: Electioneer within 100 feet of any entrance to a polling site. Distance markers must be posted prior to the opening of the polls; Post any political banner, poster or placard in or on the polling site or within 100 feet thereof; Obstruct, hinder, or delay any voter from entering a polling site; Consume alcohol in the polling site. Source: N.Y. Elec. Law 8-104(1); (3)-(4). 21

22 ABSENTEE VOTING Table of Contents I. Generally A. Who May Vote by Absentee Ballot B. Procedures and Deadlines for Requesting an Absentee Ballot C. Returning Absentee Ballots D. Assistance with Absentee Voting E. Who May Vote by Special Ballot? Election Day Presidential Elections F. What If a Person Does Not Receive His or Her Absentee Ballot? II. Absentee Voting for Overseas and Military Voters A. Single Federal Postcard Application B. Who May Vote by Military Ballot? I. Generally A. Who May Vote by Absentee Ballot A qualified voter who will be or expects to be absent from his or her county of residence (or the City of New York, if that is his or her residence) on Election Day may vote by absentee ballot. In addition, a person may vote absentee if: (i) he or she is ill, (ii) he or she is physically disabled, (iii) he or she has duties related to the primary care of one or more individuals who are ill or physically disabled, (iv) he or she is or will be a patient in a hospital, (v) he or she is a qualified voter registered as an inmate or patient in a Veteran s Hospital, (vi) he or she is absent because detained in jail awaiting Grand Jury action or awaiting trial, or confined in prison after conviction for an offense other than a felony (provided the voter is qualified to vote in the election district of his or her residence). A voter who is permanently disabled may apply to receive an absentee ballot for all future elections, without needing to file a request separately for each election. Source: N.Y. Elec. Law 8-400(1), (4) B. Procedures and Deadlines for Requesting an Absentee Ballot A voter who wishes to submit an absentee ballot must submit an application that states why he or she is entitled to an absentee ballot. The application for an absentee ballot can be obtained by requesting an absentee ballot from any board of election in a letter or telefax, signed by the voter, and received by the board of 22

23 elections not earlier than 30 days nor later than 7 days before an election. The letter must specify where the voter is registered, the address to which the ballot is to be mailed, the reason for the request and the signature of the voter. The board of elections will mail an absentee ballot to every voter who complies. Deadline for Filing Application for Absentee Ballots: For the September 13, 2012 primary elections: By mail: Postmarked no later than August 19, 2012 if not previously registered, no later than September 8, 2012 if previously registered. In person: The last day to apply in person is September 12, For the November 6, 2010 general election: By mail: Postmarked no later than October 31, In person: The last day to apply in person is November 5, Source: N.Y. Elec. Law 8-400, 412(1); C. Returning Absentee Ballots The voter must mark the ballot as directed and may not make any other marks on the ballot itself. Deadline for Returning Absentee Ballots: For the September 13, 2012 primary elections: Ballot must be postmarked no later than September 12, For a voter who, because of illness, travel, etc. is unable to vote at the polls, an absentee ballot may be delivered to the board of elections (or in New York City, a borough office) no later than 9 PM on September 13, For the November 6, 2012 general election: Ballot must be postmarked no later than November 5, For a voter who, because of illness, travel, etc. is unable to vote at the polls, an absentee ballot may be delivered to the board of elections (or in New York City, a borough office) no later than 9 PM on November 6, Source: N.Y. Elec. Law 8-410, 412; D. Assistance with Absentee Voting If an absentee voter is unable to sign his or her application because of illness, physical disability, or inability to read, then he or she will be excused from signing upon making a statement, witnessed by at least one person, in substantially the same form as below: 23

24 I hereby state that I am unable to sign my application for an absentee ballot without assistance because I am unable to write by reason of my illness or physical disability or because I am unable to read. I have made, or have received assistance in making, my mark in lieu of my signature. The witness must also sign the application following a statement that is in substantially the same form as below: I, the undersigned, hereby certify that the above named voter affixed his mark to this application in my presence and I know him to be the person who affixed his mark to said application and understand that this statement will be accepted for all purposes as the equivalent of an affidavit and if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn. A board of elections of a county or city in which there is at least one facility which has submitted applications for 25 or more absentee ballots and which is operated, licensed, or under the jurisdiction of the department of mental hygiene or a nursing home or residential health care facility or hospital or other facility operated by the Veteran s Administration of the United States, will appoint one or more bi-partisan boards of inspectors, each composed of two inspectors. The board of inspectors will deliver each absentee ballot addressed to a resident of such a facility to the resident. If the resident is physically disabled, the inspectors shall deliver the ballot to the voter s bedside. The board will also arrange a portable voting booth or booths and implement such safeguards to ensure secrecy for the votes cast by the residents. If a resident is unable to mark his or her ballot, the board of inspectors or another person selected by the voter may assist the voter in marking the ballot. If the resident is unable to communicate how he or she wishes the ballot to be marked, such ballot will not be cast. Source: N.Y. Elec. Law 8-400(7), 407. E. Who May Vote by Special Ballot? Election Day A person may vote by special ballot if on Election Day: His or her religious beliefs prevent he or she from voting at a polling site located in a premise used for religious purposes; He or she is a Board of Elections employee or is appointed as an election official at a polling site other than the one where he or she is registered to vote; He or she is a victim of domestic violence, has left his or her residence because of such violence, and faces a threat of physical or emotional harm to him or herself or a family or household member; or He or she is a U.S. citizen now living abroad and his or her last place of residence in the U.S. was New York, in which case he or she may cast a special federal ballot for president, vice president, United States senator, representative in congress and delegates and alternate delegates to a national convention. Source: N.Y. Elec. Law , 300, 302,