N.Y. Election Law 8-702 – Early voting by mail; review of application by board of elections
§ 8-702. Early voting by mail; review of application by board of elections. 1. Upon receipt of an application to vote early by mail the board of elections shall determine whether the applicant is a registered voter of the county or city at the address listed in the application and is eligible to vote in the election or elections for which the application is filed. An application to vote early by mail filed or received simultaneously with or on the same day as a valid registration application from the applicant shall be considered valid.
2. If the board of elections determines that the applicant is not a registered voter of the county or city at the address listed in the application pursuant to subdivision one of this section or the applicant is not eligible to vote in all of the elections for which the application is filed, the board of elections shall immediately notify the applicant of the rejection of the application to vote early by mail and provide the reason for such rejection.
3. In the case of a primary election, the board of elections shall deliver only the ballot of the party in which the records of the board of elections show the applicant to be enrolled. In the event a primary election is uncontested in the applicant's election district for all offices or positions except the party position of member of the ward, town, city or county committee, no ballot shall be delivered to such applicant for such election; and the applicant shall be advised why they are not being sent a ballot.
4. The board shall keep a record of applications to vote early by mail as they are received, showing the names and residences of the applicants, and their party enrollment in the case of primary elections, and, as soon as practicable shall, when requested, give to the chairman of each political party or independent body in the county, and shall make available for inspection to any other registered voter upon request, a complete list of all applicants to whom early mail ballots have been delivered or mailed, containing their names and places of residence as they appear on the registration record, including the election district and ward, if any, and in the city of New York and the county of Nassau, the assembly district, and their party enrollment in the case of primary elections.