N.Y. Election Law Section 8-412
Absentee ballots

  • deadline for receipt, and delivery to polling place

1.

The board of elections shall cause all absentee ballots received by it before the close of the polls on election day and all ballots contained in envelopes showing a cancellation mark of the United States postal service or a foreign country’s postal service, or showing a dated endorsement of receipt by another agency of the United States government, with a date which is ascertained to be not later than the day of the election and received by such board of elections not later than seven days following the day of election to be cast and counted except that the absentee ballot of a voter who requested such ballot by letter, rather than application, shall not be counted unless a valid application form, signed by such voter, is received by the board of elections with such ballot. For purposes of this section, any absentee ballot received by the board of elections by mail that does not bear or display a dated postmark shall be presumed to have been timely mailed or delivered if such ballot bears a time stamp of the receiving board of elections indicating receipt by such board on the day after the election. For the purposes of this section, an absentee ballot shall be deemed to be received by the board of elections before the close of the polls on election day if it is deposited in an absentee ballot drop box before the close of polls on election day. Ballots received in accordance with this section shall be deemed timely and the failure of a board of elections to time stamp such ballots received in this manner on or before election day shall not prohibit the canvassing of such ballots. At the close of the polls on election day, the board of elections shall close every absentee ballot drop box and collect absentee ballots deposited in such absentee ballot drop box.

2.

Absentee ballots received by the board of elections shall be retained at the board of elections and cast and canvassed pursuant to the provisions of § 9-209 (Canvass of early mail, absentee, military and special ballots, and ballots cast in affidavit envelopes)section 9-209 of this chapter.

Source: Section 8-412 — Absentee ballots; deadline for receipt, and delivery to polling place, https://www.­nysenate.­gov/legislation/laws/ELN/8-412 (updated Nov. 29, 2024; accessed Dec. 21, 2024).

Accessed:
Dec. 21, 2024

Last modified:
Nov. 29, 2024

§ 8-412’s source at nysenate​.gov

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