Education Law Section 2019-A
Voting by persons whose names are not in the registration poll ledgers
1.Whenever a voter presents himself and offers to cast a ballot at any school district meeting or election, and the address at which he claims to live is in the election district in which he seeks to vote but his name cannot be found on the list of registered voters or in the registration poll ledger, he shall be permitted to vote only as hereinafter provided:
a.He may present a court order requiring that he be permitted to vote. He shall be required to sign his full name on top of the first page of such order, together with his registration serial number, if any. The voter shall then be permitted to vote in the manner otherwise prescribed for voters whose names are found on the registration lists, whose registration poll records are found in the ledger; or
b.He may request, swear to and subscribe an affidavit stating that he has duly registered to vote, the address in such election district from which he registered, that he remains a duly qualified voter in such election district and that his registration poll record appears to be lost or misplaced, or that his name has been incorrectly omitted from the list of registered voters. Such affidavit shall be printed on an envelope and shall contain an acknowledgement that the affiant understands that any false statement made therein is perjury punishable according to law. The voter shall then be permitted to vote a paper ballot. Such ballot shall thereupon be placed in the envelope containing his affidavit, and the envelope sealed and returned to the board of education with other records of the meeting or election.
2.a. Before certifying the result of any school district meeting or election at which voters are required to sign their registration poll records or the list of registered voters before voting, the board of education shall proceed in the manner hereinafter prescribed to cast and canvass any ballots voted by voters whose registration poll records were missing or whose names did not appear on the list of registered voters on the day of such meeting or election. Each such ballot shall be retained in the original envelope containing the voter’s affidavit and signature, in which it is delivered to the board of education until such time as it is to be cast and canvassed.
b.The board of education shall designate itself or such of its employees as it shall deem appropriate as a set of poll clerks to cast and canvass such ballots, and fix a time and place for their meeting for such purposes, provided that such meeting shall be no more than ten days after any election at which such ballots are voted. The board may designate additional sets of poll clerks and if it designates more than one such set, shall apportion among all such sets the election districts from which such ballots have been received, provided that all such ballots from a single election district shall be assigned to a single set of clerks. Each such set of clerks shall be deemed a central board of inspectors for purposes of this section.
c.At least five days prior to the time fixed for such meeting, the board shall send notice by first class mail to each candidate entitled to have had watchers or challengers present at the polls in any election district from which any such ballot has been received, or, if such notice is sent prior to the day of the election, to each such candidate so entitled for each election district in the board’s jurisdiction. Such notice shall state the time and place fixed by the board for such canvass.
d.Each such candidate shall be entitled to appoint such number of watchers or challengers to attend upon each central board of inspectors as such candidate was entitled to appoint at such election in any one election district for which such central board of inspectors is designated to act.
3.Upon assembling at the time and place fixed for such meeting, each central board of inspectors shall consider each affidavit envelope and ballot from the election districts assigned to it.
a.First, the central board of inspectors shall reject any ballot not found sealed in the envelope in which it was placed at the polling place, second the ballot of any voter for whom there is no registration poll record or central registration record in the office of the board of elections.
b.The central board of inspectors shall then proceed to consider, cast, and canvass the remaining envelopes and the ballots therein contained as nearly as practicable in the manner provided by this chapter for a board of inspectors to consider, cast, and canvass paper ballots at school district meetings or elections.
c.Any person lawfully present may object to the refusal to cast or canvass any ballot on the grounds that the voter is a properly qualified voter of the election district, or to the casting or canvassing of any ballot on the grounds that the voter is not a properly qualified voter of the election district, or otherwise not entitled to cast such ballot. When any such objection is made, the board of education shall forthwith proceed to determine such objection and reject or cast such ballot according to such determination.
d.Upon completing the casting and canvassing of ballots as hereinabove provided for any election district, the central board of inspectors shall thereupon, as nearly as practicable in the manner provided in this section, verify the number of ballots so cast, tally the votes so cast, add such tally to the previous tally of all votes cast in such election district, and announce the result.
4.Whenever the ballot of any person, voted in an affidavit envelope in the manner prescribed by this section, is rejected under the provisions of this section on the grounds that such person is not a qualified voter of the election district wherein he sought to vote, the board of education shall immediately notify such person by first class mail directed to the address given in his affidavit, of the rejection of his ballot, together with the reason therefor and the appropriate information on the times and places where he may register or reregister. Where appropriate, a form of application for personal registration by mail pursuant to the election law shall be included with such notice.
Section 2019-A — Voting by persons whose names are not in the registration poll ledgers,
https://www.nysenate.gov/legislation/laws/EDN/2019-A (updated Sep. 22, 2014; accessed Dec. 2, 2023).