New York Election Code § 9-209

Canvass of early mail, absentee, military and special ballots, and ballots cast in affidavit envelopes
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§ 9-209. Canvass of early mail, absentee, military and special\nballots, and ballots cast in affidavit envelopes.\n  Before completing the canvass of votes cast in any primary, general,\nspecial, or other election at which voters are required to sign their\nregistration poll records before voting, the board of elections shall\nproceed in the manner hereinafter prescribed to review, cast and canvass\nearly mail, any absentee, military, special presidential, special\nfederal or other special ballots and any ballots cast in affidavit\nenvelopes, including ballots cast by voters pursuant to section 8-604 of\nthis chapter. Each such ballot shall be retained in the original\nenvelope containing the voter's affidavit and signature, in which it is\ndelivered to the board of elections until such time as it is to be\nreviewed, in order to be cast and canvassed.\n  1. Central board of canvassers. Within four days of the receipt of an\nearly mail, absentee, military or special ballot, the board of elections\nshall designate itself or such of its employees as it shall deem\nappropriate as a set of poll clerks to review such ballot envelopes. The\nboard may designate additional sets of poll clerks and if it designates\nmore than one such set shall apportion among all such sets the election\ndistricts from which such ballots have been received, provided that when\nreviewing ballots, all ballots from a single election district shall be\nassigned to a single set of clerks, and that each such set shall be\ndivided equally between representatives of the two major political\nparties. Each such set of clerks shall be deemed a central board of\ncanvassers for purposes of this section.\n  2. Review of early mail, absentee, military and special ballot\nenvelopes. Within four days of the receipt of an early mail, absentee,\nmilitary or special ballot before the election, and within one day of\nreceipt on or after the election, each central board of canvassers shall\nexamine the ballot affirmation envelopes as nearly as practicable in the\nfollowing manner:\n  (a) If a person whose name is on a ballot envelope as a voter is not\non a registration poll record, the computer-generated list of registered\nvoters or the list of special presidential voters, or if there is no\nname on the ballot envelope, or if the ballot envelope was not timely\npostmarked or received, or if the ballot envelope is completely\nunsealed, such ballot envelope shall be set aside unopened for review\npursuant to subdivision eight of this section with a relevant notation\nindicated on the ballot envelope notwithstanding a split among the\ncentral board of canvassers as to the invalidity of the ballot;\nprovided, however, if the ballot envelope is completely unsealed, such\nvoter shall receive notice pursuant to paragraph (h) of subdivision\nthree of this section.\n  (b) If there is more than one timely ballot envelope executed by the\nsame voter, the one bearing the later date of execution shall be\naccepted and the other rejected. If it cannot be determined which ballot\nenvelope bears the later date, then all such ballot envelopes shall be\nrejected. When the board of elections has issued a second ballot it\nshall set aside the first ballot unopened to provide the voter time to\nreturn the second ballot. Notwithstanding the foregoing, if a ballot\nenvelope for a voter was previously reviewed and opened, then the\nsubsequently received ballot envelope shall be set aside unopened.\n  (c) If such person is found to be registered, the central board of\ncanvassers shall compare the signature, if any, on each ballot envelope\nwith the signature, if any, on the registration poll record, the\ncomputer-generated list of registered voters, or the list of special\npresidential voters, of the person of the same name who registered from\nthe same address. If the signatures are found to correspond, such\ncentral board of canvassers shall certify thereto in a manner provided\nby the state boar

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