Voting in New York

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Voting by state
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Absentee/mail-in voting
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Voting policies are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which American citizens cast their ballots in their individual states.

THE BASICS
  • New York permits online voter registration and early voting.
  • New York does not, however, permit no-excuse absentee voting.
  • Voters in New York are not required to present identification at the polls.
  • DocumentIcon.jpg See state election laws

    This page includes the following:


    See Election governance in New York for more detailed information about election and voting policy in the state, including voter list maintenance policies, provisional ballot rules, and post-election auditing practices.

    Voter registration

    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. Individuals who are in prison or on parole 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.[2] 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.[2] 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 20 days before the election. A registration done in person must be completed at least 25 days prior to the election.[3] 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.[4]

    Automatic registration

    On December 22, 2020, Governor Andrew Cuomo (D) signed S8806/A8280C into law, establishing automatic voter registration. When individuals interact with state agencies, voter registration will be integrated into other applications or registrations the agency provides. The Department of Motor Vehicle process will be implemented in 2023, the Departments of Health, Labor, and Office of Temporary and Disability Assistance in 2024, and the State University of New York in 2025.[5][6]

    Online registration

    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

    New York does not allow same-day voter registration.

    Residency requirements

    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.

    Verification of citizenship

    See also: Laws permitting noncitizens to vote in the United States

    New York does not require proof of citizenship for voter registration.

    Verifying your registration

    The New York State Board of Elections allows residents to check their voter registration status online by visiting this website.


    Voting in elections

    File:Barack Obama votes in the 2012 election.jpg
    President Barack Obama and others casting their ballots in 2012

    Voter identification

    See also: Voter identification laws by state

    New York does not require voters to present identification while voting.[7] 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.[8][9]

    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

    Background

    As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[10][11]


    Poll times

    See also: State poll opening and closing times

    For primary elections, polls open at 6:00 a.m. and close at 9:00 p.m. in New York City and the counties of Dutchess, Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Erie. Polls open at 12:00 p.m. and close at 9:00 p.m. in all other counties. Polls open at 6:00 a.m. and close at 9:00 p.m. for general elections. An individual who is in line at the time polls close must be allowed to vote.[12]


    Primary election type

    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.[13][14][15][16]

    Absentee voting

    See also: Absentee voting

    A voter in New York is eligible to vote absentee in an election for any of the following reasons:[17]

    1. Absence from the county (or, if a resident of New York City, the city) on Election Day
    2. Illness or disability, or acting as the primary caregiver for an ill or disabled person
    3. Patient care at a Veteran's Administration hospital
    4. Incarceration for offenses other than felonies or awaiting grand jury action

    Absentee ballot applications must be mailed to the county board of elections no later than the seventh day before the election. Alternatively, applications delivered in person must be received no later than the day before the election. A voter may also request an absentee ballot by sending a letter to the county board of elections. The letter must be received by the county board no earlier than 30 days and no later than seven days before the election. An application form will be mailed with the absentee ballot. The application form must be completed and returned with the ballot.[17]

    If sent by mail, a returned ballot must be postmarked by the day of the election and received no later than the seventh day after the election. If submitted in person, the ballot must be received by close of polls on Election Day.[18][19]

    Early voting

    See also: Early voting

    Governor Andrew Cuomo (D) signed a bill into law on January 24, 2019, establishing a 10-day early voting period. The bill was scheduled to take full effect on January 1, 2020.

    As of April 2021, 38 states and the District of Columbia permitted early voting. Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit early voting, a voter does not have to provide an excuse for being unable to vote on election day. States that do not permit early voting still permit some or all citizens to vote early by mail—often known as absentee voting. Some states allow no-excuse absentee voting, while others require an excuse. States that allow in-person absentee voting without an excuse are counted among early voting states. Click here for early voting laws by state.[20][21][22]

    Convicted felons' voting rights

    See also: Voting rights for convicted felons

    On May 4, 2021, Governor Andrew Cuomo (D) signed S830 into law, providing for the automatic restoration of voting rights for individuals convicted of felonies upon completion of their prison sentences. Previously, state law provided for the restoration of voting rights after completion of both prison time and parole.[23]

    Voting rights for convicted felons vary from state to state. In the majority of states, convicted felons cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[24][25][26]

    Election administration costs

    National Conference of State Legislatures report, 2018

    On February 14, 2018, the National Conference of State Legislatures (NCSL) released a report on the costs of election administration in the states: "The Price of Democracy: Splitting the Bill for Elections." The report's authors noted that "no one knows how much [states] spend on elections ... [because] good research on election costs is slim." Generally, local units of government (most often counties, but sometimes cities and towns) are primarily responsible for election administration costs, though states and the federal government may also contribute. The report identified the states listed in the table below as assuming financial responsibility for at least some aspects of election administration.[27]

    To access the complete NCSL report, click here.

    Election administration costs assumed by state
    State pays all expenses for federal or state elections State bears a portion of election costs State pays for statewide special elections or statewide elections that don’t coincide with regularly scheduled elections State pays for primary elections (statewide, presidential, or both)
    Alaska
    Delaware
    Alabama
    Colorado
    Hawaii
    Kentucky
    Louisiana
    Rhode Island
    Arkansas
    Florida
    Iowa
    Michigan
    Missouri
    New Jersey
    North Dakota
    Ohio
    Oregon
    Pennsylvania
    Tennessee
    Washington
    West Virginia
    Arizona
    Arkansas
    Idaho
    Kansas
    Michigan
    Minnesota
    Missouri
    South Carolina
    Tennessee
    Texas
    Virginia
    Washington
    Note: If a state is not listed above, it was not included in the report.
    Source: National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018

    Election agencies

    File:US-ElectionAssistanceCommission-Seal.svg
    Seal of the U.S. Election Assistance Commission
    See also: State election agencies

    Individuals seeking additional information about voting provisions in New York can contact the following state and federal agencies.

    New York State Board of Elections

    40 Steuben St.
    Albany, New York 12207-2108
    Main phone: 518-474-6220

    U.S. Election Assistance Commission

    1335 East West Highway, Suite 4300
    Silver Spring, Maryland 20910
    Telephone: 866-747-1471

    Election policy ballot measures

    See also: Elections and campaigns on the ballot and List of New York ballot measures

    Ballotpedia has tracked the following ballot measures relating to election and campaign policy in New York.

    1. New York Elections for the Sheriff and County Clerk, Proposal 1 (1984)

    Election policy legislation

    The following is a list of recent election bills that have been introduced in or passed by the New York state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

    Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.

    Recent news

    The link below is to the most recent stories in a Google news search for the terms New York voting. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    See also

    Elections in New York

    External links

    Footnotes

    1. 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."
    2. 2.0 2.1 New York State Board of Elections, “Register to Vote,” accessed October 4, 2019
    3. New York State Board of Elections, “Voter Registration Deadlines,” accessed October 4, 2019
    4. New York State Department of Motor Vehicles, “Register to Vote Online - Electronic Voter Registration Application,” accessed October 4, 2019
    5. Spectrum News, "Cuomo Signs Automatic Voter Registration Measure," December 22, 2020
    6. Office of the Governor of New York, "Governor Cuomo Signs New York Automatic Voter Registration Act of 2020 into Law," December 22, 2020
    7. National Conference of State Legislatures, "Provisional Ballots," accessed October 7, 2019
    8. FindLaw, "New York Consolidated Laws, Election Law - ELN § 5-210. Registration and enrollment and change of enrollment upon application," accessed November 12, 2019
    9. FindLaw, "New York Consolidated Laws, Election Law - ELN § 8-302. Voting;  verification of registration," accessed November 12, 2019
    10. National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
    11. The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
    12. New York State Board of Elections, "Frequently Asked Questions," accessed October 17, 2019
    13. National Conference of State Legislatures, "State Primary Election Types," accessed October 25, 2019
    14. FairVote, "Primaries," accessed October 25, 2019
    15. Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
    16. Board of Elections in the City of New York, "Frequently Asked Questions," accessed October 25, 2019
    17. 17.0 17.1 New York State Board of Elections, "Absentee Voting," accessed December 16, 2013
    18. New York State Board of Elections, "Voting Deadlines," accessed November 14, 2019
    19. New York Consolidated Laws, "Election 8-412," accessed July 26, 2021
    20. National Conference of State Legislatures, "State Laws Governing Early Voting," August 2, 2019
    21. NY 1, "It's Official: Early Voting is Coming to New York," January 24, 2019
    22. New York State Senate, "Voting Package Summary and Analysis," January 14, 2019
    23. The New York State Senate, "Senate Bill S830," accessed May 9, 2021
    24. NYCourts.gov, "Voting," accessed October 20, 2019
    25. National Conference of State Legislatures, "Felon Voting Rights," accessed July 15, 2014
    26. American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed September 13, 2019
    27. National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018