Election administration in New York
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Election administration encompasses a state's voting policies, procedures, and enforcement. These include voter identification requirements, early and absentee/mail-in voting provisions, voter list maintenance methods, and more. Each state's voting policies dictate who can vote and under what conditions.
Below, you will find details on the following election administration topics in New York:
Poll times[edit]
- See also: State poll opening and closing times
Polls are open from 6:00 a.m. to 9:00 p.m. for primary and general elections. An individual who is in line at the time polls close must be allowed to vote.[3][4]
Voter registration[edit]
- Check your voter registration status here.
To vote in New York, one must be a United States citizen, a resident of the county, city, or village for at least 30 days prior to the election, and at least 18 years old by the date of the election. People who are in prison for a felony conviction and those who have been declared mentally incompetent by a court are ineligible to register to vote. One cannot register to vote in New York while claiming the right to vote elsewhere. Pre-registration is available beginning at the age of 16.[5]
Registration applications are available at the county board of elections or any agency-based voter registration center. Forms are also available online, or prospective voters can request the form by mail.[5] Completed forms returned by mail must be postmarked at least 25 days prior to the election.
The form must then be received by election officials at least 10 days before the election. A registration done in person must be completed at least 10 days prior to the election.[6] Residents may also register to vote online through the DMV Electronic Voter Registration Application. These applications are forwarded to the board of elections; applicants should allow up to six weeks for processing.[7]
Automatic registration[edit]
New York automatically registers eligible individuals to vote through a number of state agencies including the Department of Motor Vehicles, the Department of Health, the Department of Labor, and others.
Online registration[edit]
- See also: Online voter registration
New York has implemented an online voter registration system. Residents can register to vote by visiting this website.
Same-day registration[edit]
New York does not allow same-day voter registration.
Residency requirements[edit]
In order to register to vote in New York, applicants must reside in the county, city, or village in which they are registering for at least 30 days prior to the election.[8]
Verification of citizenship[edit]
New York does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, voter who submits false information "can be convicted and fined up to $5,000 and/or jailed for up to four years."[9]
Verifying your registration[edit]
The New York State Board of Elections allows residents to check their voter registration status online by visiting this website.
Early and absentee/mail-in voting policy[edit]
Early voting[edit]
- See also: Early voting
New York permits early voting. Learn more by visiting this website.
Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that allow voters to cast no-excuse absentee/mail-in ballots in person are counted as no-excuse early voting states.
As of February 2024, 47 states and the District of Columbia permitted no-excuse early voting.
Absentee/mail-in voting[edit]
- See also: Absentee/mail-in voting
New York offers early mail voting and absentee voting.[10]
Any registered voter may vote an early mail ballot. To vote an absentee ballot, a voter must be: [10]
| “ |
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Applications for early mail ballots and absentee ballots must be received by the county board of elections at least ten days before an election, unless the application is submitted in person by the day before the election.[10]
Early mail ballots and absentee ballots returned by mail must be postmarked by Election Day and received by the county board of elections by the seventh day after the election. Ballots may be returned in person to the county board of elections by the close of polls on Election Day or to a polling place during the early voting period or on Election Day.[10]
Returning absentee/mail-in ballots[edit]
New York voters may return their early mail ballots and absentee ballots to the county board of elections by mail or in person. Ballots returned by mail must be postmarked by Election Day and received by the county board of elections by the seventh day after the election. Ballots may be returned in person to the county board of elections by the close of polls on Election Day or to a polling place during the early voting period or on Election Day.[10]
New York law states the following:
| “ | After marking the ballot or ballots [the absentee voter] shall fold each such ballot and enclose them in the envelope and seal the envelope. He or she shall then take and subscribe the oath on the envelope, with blanks properly filled in. The envelope, containing the ballot or ballots, shall then be mailed or delivered to the board of elections of the county or city of his or her residence.[12][11] | ” |
New York law does not specify who is allowed to return absentee ballots.[13]
Signature requirements and cure provisions[edit]
Absentee voters sign an oath on the absentee ballot’s return envelope. That signature is compared to the registration poll record to determine acceptance. New York law includes a cure provision allowing voters to correct an issue with the signature on their absentee/mail-in ballot.[14][15]
A board of elections is required to contact a voter whose absentee ballot includes a curable defect within one day of identifying the defect. A voter may cure the defect "by filing a duly signed affirmation attesting to the same information required by the ballot affirmation envelope and attesting that the signer of the affirmation is the same person who submitted such ballot envelope."[15] The cure affirmation must be received by the board"no later than seven business days after the board's mailing of such curable rejection notice or the day before the election, whichever is later."[15]
Was your absentee/mail-in ballot counted?[edit]
Use the absentee ballot tracking tool provided by the New York Board of Elections to check the status of your absentee ballot.
Voter identification requirements[edit]
- See also: Voter ID in New York
- See also: Voter identification laws by state
New York does not require voters to present identification while voting.[16] However, if a voter does not provide valid identification at the time of registration, he or she must show identification at the polling place when voting for the first time[17][18]
Voters can present the following forms of identification:
- A current, valid photo ID, including but not limited to a drivers' license or a DMV-issued non-driver photo ID
- A current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and address
As of April 2024, 35 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 24 required voters to present identification containing a photograph, and 11 accepted other forms of identification. The remaining 16 states did not require voters to present identification in order to vote at the polls on Election Day.
Valid forms of identification differ by state. In certain states that require voters to provide identification, there may be exceptions that allow some voters to cast a ballot without providing an ID. To see more about these exceptions, see details by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.
Provisional ballot rules[edit]
Voters in New York are given affidavit ballots, or ballots requiring additional steps or information before they can be counted, under the following circumstances.[18]
(1) If the voter has been issued an absentee, military or special ballot, but wishes to vote in person during early voting or on election day, the voter may vote by affidavit ballot.
(2) If the voter is voting for the first time and is unable to provide identification, the voter has the right to cast an affidavit ballot.
(3) If the voter’s name does not appear in the poll book, the voter has the right to cast an affidavit ballot.
(4) If in a primary election, the voter is listed as being a member of one party but wishes to vote as a member of a different party, the voter has the right to cast an affidavit ballot.
When "[re]search at the county board supports the claim the voter makes in their oath on the ballot envelope, the ballot will be counted. If research proves otherwise, the ballot is not counted. Provisional ballots cast by voters who were in the correct poll site but at the wrong voter sign-in table, will be counted, however only those contests and questions which the two different districts had in common will be counted," according to the National Conference of State Legislatures.[19]
Was your provisional ballot counted?[edit]
When a voter is issued an affidavit ballot, a poll worker must provide that voter with a website or phone number where he or she can check whether their ballot was counted.[18]
New York law states:
| “ | At the time that an individual casts an affidavit ballot, the appropriate state or local election official shall give the individual written information that states that any individual who casts an affidavit ballot will be able to ascertain under the system established under subdivision four of section 9-212 of this chapter whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.[18][11] | ” |
Local election officials[edit]
Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool. |
Primary election type[edit]
- See also: Primary elections in New York
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. New York utilizes a closed primary process, in which the selection of a party's candidates in an election is limited to registered party members.[20][21]
For information about which offices are nominated via primary election, see this article.
Time off work for voting[edit]
In New York, employers must allow employees as much time off work as needed to vote in an election—at the beginning or end of employees’ shifts unless otherwise agreed—three hours of which must be remunerated despite absence. Employees must give two working days' notice to their employers of their intention to vote; employers must notify employees ten working days prior to the election of this provision:
| “ | 1. If a registered voter does not have sufficient time outside of his or her scheduled working hours, within which to vote on any day at which he or she may vote, at any election, he or she may, without loss of pay for up to two hours, take off so much working time as will, when added to his or her voting time outside his or her working hours, enable him or her to vote.
3. If the employee requires working time off to vote the employee shall notify his or her employer not more than ten nor less than two working days before the day of the election that he or she requires time off to vote in accordance with the provisions of this section. 4. Not less than ten working days before every election, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this section. Such notice shall be kept posted until the close of the polls on election day.[22][11] |
” |
As of September 2024, 28 states required employers to grant employees time off to vote. Within these 28 states, policies varied as to whether that time off must be paid and how much notice must be given.
Voting rules for people convicted of a felony[edit]
In New York, people convicted of a felony automatically regain their voting rights after serving their prison time. People convicted of a felony need to re-register upon completion of their prison sentence.[23]
On May 4, 2021, Governor Andrew Cuomo (D) signed S830 into law, providing for the automatic restoration of voting rights for people convicted of a felony upon completion of their prison sentences. Previously, state law provided for the restoration of voting rights after completion of both prison time and parole.[24][25]
Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[26]
Voter list maintenance[edit]
All states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA).[27] The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory.[28]
When names can be removed from the voter list[edit]
New York law authorizes election officials to remove the names of voters from the registered voting list if an individual:[29]
- confirms in writing that they moved outside of their voting jurisdiction
- requests in writing to be removed from the list
- is determined to no longer be qualified to vote
- dies
- is convicted of a felony
- is adjudicated to be incompetent
- remains on the inactive voter list through two consecutive general elections.
Inactive voter list rules[edit]
If an election official, using National Change of Address data or other address verification resources, learns that a voter has moved outside of their voting jurisdiction, they are to send the voter a notice. If the notice is returned as undeliverable, the voter is to be sent a confirmation notice and listed as inactive. To be returned to active status, a voter may update their registration or vote. If a voter remains in inactive status through the next two general elections, their registration is canceled.[29][30][31]
The Electronic Registration Information Center (ERIC)[edit]
According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records and other sources, to provide member states with reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Members fund ERIC. New members pay a one-time membership fee of $25,000, which is reserved for technology upgrades and other unanticipated expenses. Members also pay annual dues. Annual dues cover operating costs and are based, in part, on the citizen voting age population in each state."[32]
By 2022, 33 states and the District of Columbia had joined ERIC. As of May 2024, 24 states and the District of Columbia were members in the ERIC program.[33]
As of October 2024, New York was not participating in the ERIC program.
Post-election auditing[edit]
New York state law requires post-election audits. The county board of elections randomly selects 3 percent of machines to be audited. "If there is an unresolved discrepancy of even a single vote, the manual count is conducted again. An expanded audit is required if discrepancies would alter the vote share by 0.1% or if discrepancies are found in at least 10% of the machines audited. When an expanded audit is required, an additional 5% of machines are audited, then an additional 12% if the discrepancy still exists, and if the discrepancy is still found, a full manual recount." The audit must be completed within 15 days of each general or special election and within seven days of every primary or village election.[34]
Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.[35][36]
Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.
As of October 2024, 49 states and the District of Columbia had some form of post-election audit by law. Of these, 35 states and the District of Columbia required traditional post-election audits, while six states required risk-limiting post-election audits by law. Eight states used some other form of post-election audit, including procedural post-election audits.[37][38]
Election policy ballot measures[edit]
Ballotpedia has tracked the following ballot measures relating to election and campaign policy in New York.
[edit]
The table below lists bills related to election administration that have been introduced during (or carried over to) the current legislative session in New York. The following information is included for each bill:
- State
- Bill number
- Official name or caption
- Most recent action date
- Legislative status
- Topics dealt with by the bill
Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.
Ballotpedia's Election Administration Legislation Tracker[edit]
State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job.
Here's the solution: Ballotpedia's Election Administration Legislation Tracker.
Ballotpedia's Election Administration Tracker sets the industry standard for ease of use, flexibility, and raw power. But that's just the beginning of what it can do:
- Ballotpedia's election experts provide daily updates on bills and other relevant political developments
- We translate complex bill text into easy-to-understand summaries written in everyday language
- And because it's from Ballotpedia, our Tracker is guaranteed to be neutral, unbiased, and nonpartisan
The Ballot Bulletin[edit]
The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.
Click here to view recent issues and subscribe.
Ballot access[edit]
In order to get on the ballot in New York, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for office in a state.
- An individual can seek the nomination of a state-recognized political party.
- An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
- An individual can run as a write-in candidate.
This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in New York. For information about filing requirements for presidential candidates, click here. Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).
Redistricting[edit]
- See also: Redistricting in New York
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Each of New York's 26 United States Representatives and 213 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[39][40][41][42]
New York was apportioned 26 seats in the U.S. House of Representatives after the 2020 census, 1 fewer than it received after the 2010 census. Click here for more information about redistricting in New York after the 2020 census.
State process[edit]
- See also: State-by-state redistricting procedures
On March 14, 2012, the state legislature approved a constitutional amendment to establish new redistricting procedures beginning in 2020. The New York Constitution requires that two successive legislatures approve an amendment in order to qualify it for final approval by popular vote. The legislature approved the amendment a second time in 2013. On November 4, 2014, voters approved the amendment, the provisions of which were set to take effect during the 2020 redistricting cycle.[43]
The 10-member commission comprises the following members:[43]
- Two members must be appointed by the temporary president of the New York State Senate.
- Two members must be appointed by the speaker of the New York State Assembly.
- Two members must be appointed by the minority leader of the New York State Senate.
- Two members must be appointed by the minority leader of the New York State Assembly.
- Two members must appointed by the aforementioned eight commissioners. These two appointees cannot have been enrolled in the top two major political parties in the state.
The legislature must approve the commission's plans by a simple up/down vote. The legislature must reject two separate sets of redistricting plans before it will be able to amend the commission's proposals. All districts will be required "to preserve minority rights, be equally populated, and consist of compact and contiguous territory." Further, state law will require that districts "not be drawn to discourage competition or to favor/disfavor candidates or parties." In prior redistricting cycles, authority for both congressional and state legislative redistricting was vested with the state legislature. An advisory commission participated in the process.[43]
State law requires that state legislative districts be contiguous and compact. State legislative districts must also take into account the "historic and traditional significance of counties."[43]
Election administration agencies[edit]
Election agencies[edit]
- See also: State election agencies
Individuals seeking additional information about voting provisions in New York can contact the following local, state, and federal agencies.
New York County Boards of Elections
New York State Board of Elections
- 40 North Pearl St., Suite 5
- Albany, New York 12207-2729
- Phone: 518-473-5086
- Toll free: 1-800-367-8683
- Fax: 518-486-4546
- Email: info@elections.ny.gov
- Website: https://elections.ny.gov
U.S. Election Assistance Commission
- 633 3rd Street NW, Suite 200
- Washington, DC 20001
- Phone: 301-563-3919
- Toll free: 1-866-747-1471
- Email: clearinghouse@eac.gov
- Website: https://www.eac.gov
Ballotpedia's election coverage[edit]
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- Democratic Party gubernatorial primaries, 2024
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See also[edit]
- 2024 election dates and deadlines
- Voting in New York
- Ballot access requirements for political candidates in New York
- Redistricting in New York
Elections in New York[edit]
- New York elections, 2024
- New York elections, 2023
- New York elections, 2022
- New York elections, 2021
- New York elections, 2020
- New York elections, 2019
- New York elections, 2018
- New York elections, 2017
- New York elections, 2016
- New York elections, 2015
- New York elections, 2014
External links[edit]
Footnotes[edit]
- ↑ During primary elections, polls are open from 12:00 p.m. to 9:00 p.m. outside of certain counties.
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ New York State Senate, "Consolidated Laws of New York § 17-8-100," accessed October 8, 2024
- ↑ New York State Board of Elections, "Know Your Rights," accessed October 8, 2024
- ↑ 5.0 5.1 New York State Board of Elections, “Voter Registration Process,” accessed October 8, 2024
- ↑ New York State Board of Elections, “Registration and Voting Deadlines,” accessed October 8, 2024
- ↑ New York State Department of Motor Vehicles, “Register to Vote Online - Electronic Voter Registration Application,” accessed April 28, 2023
- ↑ New York State Board of Elections, "Voter Registration Process," accessed September 25, 2024
- ↑ New York State Board of Elections, "New York State Voter Registration Form," accessed November 2, 2024
- ↑ 10.0 10.1 10.2 10.3 10.4 New York State Board of Elections, "Request a Ballot," accessed August 16, 2024
- ↑ 11.0 11.1 11.2 11.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The New York State Senate, "Section 8-410," accessed August 16, 2024
- ↑ National Conference of State Legislatures, "Table 10: Ballot Collection Laws," accessed August 16, 2024
- ↑ New York State Senate, “Consolidated Laws, Chapter 17 Section 8-410,” accessed October 8, 2024
- ↑ 15.0 15.1 15.2 New York State Senate, “Consolidated Laws, Chapter 17 Section 9-209,” accessed October 8, 2024
- ↑ National Conference of State Legislatures, "Provisional Ballots," accessed October 7, 2019
- ↑ New York State Senate, “Consolidated Laws, Chapter 17 Section 5-210,” accessed October 8, 2024
- ↑ 18.0 18.1 18.2 18.3 New York State Senate, “Consolidated Laws, Chapter 17 Section 8-302,” accessed October 8, 2024
- ↑ National Conference of State Legislatures, "Provisional Ballots," accessed October 8, 2024
- ↑ National Conference of State Legislatures, "State Primary Election Types," accessed October 8, 2024
- ↑ New York State Senate, "Consolidated Laws of New York § 17-17-102," accessed October 8, 2024
- ↑ New York State Senate, "Consolidated Laws, Chapter 17 Section 3-110," accessed April 28, 2023
- ↑ New York State Board of Election, "Voting After Incarceration," accessed October 8, 2024
- ↑ New York State Senate, "Senate Bill S830," accessed May 3, 2023
- ↑ NYCourts.gov, "Voting," accessed April 28, 2023
- ↑ National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023
- ↑ As of May 2024, the Justice Department notes, "Six States (Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming) are exempt from the NVRA because, on and after August 1, 1994, they either had no voter-registration requirements or had election-day voter registration at polling places with respect to elections for federal office."
- ↑ The United States Department of Justice, "The National Voter Registration Act of 1993," accessed May 29, 2024
- ↑ 29.0 29.1 New York State Senate, "Consolidated Laws, Chapter 17 Section 5-400," accessed October 8, 2024
- ↑ New York State Senate, "Consolidated Laws, Chapter 17 Section 5-208," accessed October 8, 2024
- ↑ New York State Senate, "Consolidated Laws, Chapter 17 Section 5-213," accessed October 8, 2024
- ↑ ERIC, "FAQ," accessed May 29, 2024
- ↑ ERIC, "Who We Are," accessed May 29, 2024
- ↑ National Conference of State Legislatures, "Post-Election Audits," accessed October 8, 2024
- ↑ National Conference of State Legislatures, "Post-Election Audits," accessed July 23, 2024
- ↑ Election Assistance Commission, "Election Audits Across the United States," accessed August 22, 2024
- ↑ Ballotpedia research conducted in October 2024, researching and analyzing various state websites and codes.
- ↑ National Conference of State Legislatures, "Post-Election Audits," accessed October 4, 2024
- ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
- ↑ Indy Week, "Cracked, stacked and packed: Initial redistricting maps met with skepticism and dismay," June 29, 2011
- ↑ The Atlantic, "How the Voting Rights Act Hurts Democrats and Minorities," June 17, 2013
- ↑ Redrawing the Lines, "The Role of Section 2 - Majority Minority Districts," accessed April 6, 2015
- ↑ 43.0 43.1 43.2 43.3 All About Redistricting, "New York," accessed May 8, 2015
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