State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-303

§ 8-303. Initial voter identification. 1. Applicability. Each board of  elections,  in  a  uniform and nondiscriminatory manner, shall require a  voter to meet the requirements of subdivision two of this section if:    (a) the individual registered to vote in a jurisdiction by mail on  or  after January first, two thousand three; and    (b) the individual has not previously voted in an election for federal  office in the jurisdiction of the board of elections.    2.  Requirements. (a) In general. An individual meets the requirements  of this subdivision if the individual:    (1) in the case of an individual who votes in person: (i) presents  to  the  appropriate  election inspector, clerk or coordinator a current and  valid photo identification; or    (ii)  presents  to  the  appropriate  election  inspector,  clerk   or  coordinator 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; or    (2) in the case of an individual who votes by  mail,  submits  in  the  outer  envelope with the envelope containing the ballot: (i) a copy of a  current and valid photo identification; or    (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) Fail-safe voting. (1) An individual who desires to vote in person,  but who does not meet the requirements of subparagraph one of  paragraph  (a)   of   this   subdivision,   may   cast  an  affidavit  ballot,  and  notwithstanding this section of law, such affidavit ballot shall be duly  cast and  counted,  even  though  such  individual  does  not  meet  the  requirements  of  subparagraph one of paragraph (a) of this subdivision,  provided such individual casting such ballot is  an  otherwise  eligible  voter  pursuant  to  law,  provided  further  that such ballot otherwise  complies with the requirements of law.    (2) An individual who desires to vote by mail but who  does  not  meet  the   requirements   of  subparagraph  two  of  paragraph  (a)  of  this  subdivision may cast such a ballot by mail and such ballot shall be duly  cast and counted, notwithstanding this section, provided  the  voter  is  determined to be an eligible voter and provided further that such ballot  otherwise complies with the requirements of law.    3. Inapplicability. Subdivisions one and two of this section shall not  apply  in  the  case  of a person: (a) who registers to vote by mail and  submits as part of such registration either:    (1) a copy of a current and valid photo identification; or    (2) a copy of a  current  utility  bill,  bank  statement,  government  check,  paycheck, or government document that shows the name and address  of the voter;    (b)  (1)  who  registers  to  vote  by  mail  and  submits  with  such  registration either:    (i)  a  driver's  license or a department of motor vehicles non-driver  photo ID number; or    (ii) at least the last four digits of the individual's social security  number; and    (2) with respect to whom  a  local  board  of  elections  matches  the  information  submitted  under subparagraph one of this paragraph with an  existing state identification record bearing the number, name  and  date  of birth of such voter; or    (c)  who  is:  (1)  entitled  to  vote  by  absentee  ballot under the  Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.  1973ff-1  et seq.);(2)  provided the right to vote otherwise than in person under section  3 (b) (2) (B) (ii) of the  Voting  Accessibility  for  the  Elderly  and  Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or    (3)  entitled to vote otherwise than in person under any other federal  law.

State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-303

§ 8-303. Initial voter identification. 1. Applicability. Each board of  elections,  in  a  uniform and nondiscriminatory manner, shall require a  voter to meet the requirements of subdivision two of this section if:    (a) the individual registered to vote in a jurisdiction by mail on  or  after January first, two thousand three; and    (b) the individual has not previously voted in an election for federal  office in the jurisdiction of the board of elections.    2.  Requirements. (a) In general. An individual meets the requirements  of this subdivision if the individual:    (1) in the case of an individual who votes in person: (i) presents  to  the  appropriate  election inspector, clerk or coordinator a current and  valid photo identification; or    (ii)  presents  to  the  appropriate  election  inspector,  clerk   or  coordinator 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; or    (2) in the case of an individual who votes by  mail,  submits  in  the  outer  envelope with the envelope containing the ballot: (i) a copy of a  current and valid photo identification; or    (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) Fail-safe voting. (1) An individual who desires to vote in person,  but who does not meet the requirements of subparagraph one of  paragraph  (a)   of   this   subdivision,   may   cast  an  affidavit  ballot,  and  notwithstanding this section of law, such affidavit ballot shall be duly  cast and  counted,  even  though  such  individual  does  not  meet  the  requirements  of  subparagraph one of paragraph (a) of this subdivision,  provided such individual casting such ballot is  an  otherwise  eligible  voter  pursuant  to  law,  provided  further  that such ballot otherwise  complies with the requirements of law.    (2) An individual who desires to vote by mail but who  does  not  meet  the   requirements   of  subparagraph  two  of  paragraph  (a)  of  this  subdivision may cast such a ballot by mail and such ballot shall be duly  cast and counted, notwithstanding this section, provided  the  voter  is  determined to be an eligible voter and provided further that such ballot  otherwise complies with the requirements of law.    3. Inapplicability. Subdivisions one and two of this section shall not  apply  in  the  case  of a person: (a) who registers to vote by mail and  submits as part of such registration either:    (1) a copy of a current and valid photo identification; or    (2) a copy of a  current  utility  bill,  bank  statement,  government  check,  paycheck, or government document that shows the name and address  of the voter;    (b)  (1)  who  registers  to  vote  by  mail  and  submits  with  such  registration either:    (i)  a  driver's  license or a department of motor vehicles non-driver  photo ID number; or    (ii) at least the last four digits of the individual's social security  number; and    (2) with respect to whom  a  local  board  of  elections  matches  the  information  submitted  under subparagraph one of this paragraph with an  existing state identification record bearing the number, name  and  date  of birth of such voter; or    (c)  who  is:  (1)  entitled  to  vote  by  absentee  ballot under the  Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.  1973ff-1  et seq.);(2)  provided the right to vote otherwise than in person under section  3 (b) (2) (B) (ii) of the  Voting  Accessibility  for  the  Elderly  and  Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or    (3)  entitled to vote otherwise than in person under any other federal  law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-303

§ 8-303. Initial voter identification. 1. Applicability. Each board of  elections,  in  a  uniform and nondiscriminatory manner, shall require a  voter to meet the requirements of subdivision two of this section if:    (a) the individual registered to vote in a jurisdiction by mail on  or  after January first, two thousand three; and    (b) the individual has not previously voted in an election for federal  office in the jurisdiction of the board of elections.    2.  Requirements. (a) In general. An individual meets the requirements  of this subdivision if the individual:    (1) in the case of an individual who votes in person: (i) presents  to  the  appropriate  election inspector, clerk or coordinator a current and  valid photo identification; or    (ii)  presents  to  the  appropriate  election  inspector,  clerk   or  coordinator 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; or    (2) in the case of an individual who votes by  mail,  submits  in  the  outer  envelope with the envelope containing the ballot: (i) a copy of a  current and valid photo identification; or    (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) Fail-safe voting. (1) An individual who desires to vote in person,  but who does not meet the requirements of subparagraph one of  paragraph  (a)   of   this   subdivision,   may   cast  an  affidavit  ballot,  and  notwithstanding this section of law, such affidavit ballot shall be duly  cast and  counted,  even  though  such  individual  does  not  meet  the  requirements  of  subparagraph one of paragraph (a) of this subdivision,  provided such individual casting such ballot is  an  otherwise  eligible  voter  pursuant  to  law,  provided  further  that such ballot otherwise  complies with the requirements of law.    (2) An individual who desires to vote by mail but who  does  not  meet  the   requirements   of  subparagraph  two  of  paragraph  (a)  of  this  subdivision may cast such a ballot by mail and such ballot shall be duly  cast and counted, notwithstanding this section, provided  the  voter  is  determined to be an eligible voter and provided further that such ballot  otherwise complies with the requirements of law.    3. Inapplicability. Subdivisions one and two of this section shall not  apply  in  the  case  of a person: (a) who registers to vote by mail and  submits as part of such registration either:    (1) a copy of a current and valid photo identification; or    (2) a copy of a  current  utility  bill,  bank  statement,  government  check,  paycheck, or government document that shows the name and address  of the voter;    (b)  (1)  who  registers  to  vote  by  mail  and  submits  with  such  registration either:    (i)  a  driver's  license or a department of motor vehicles non-driver  photo ID number; or    (ii) at least the last four digits of the individual's social security  number; and    (2) with respect to whom  a  local  board  of  elections  matches  the  information  submitted  under subparagraph one of this paragraph with an  existing state identification record bearing the number, name  and  date  of birth of such voter; or    (c)  who  is:  (1)  entitled  to  vote  by  absentee  ballot under the  Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.  1973ff-1  et seq.);(2)  provided the right to vote otherwise than in person under section  3 (b) (2) (B) (ii) of the  Voting  Accessibility  for  the  Elderly  and  Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or    (3)  entitled to vote otherwise than in person under any other federal  law.