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NEW YORK STATUTES AND CODES

8-412 - Absentee ballots; deadline for receipt, and delivery to polling place.

§ 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 before 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. 2. Absentee ballots received by the board of elections before the close of the polls on election day from voters whose applications were received by such board at least seven days before election day may be delivered to the inspectors of election in the manner prescribed by this chapter or retained at the board of elections and cast and canvassed pursuant to the provisions of section 9-209 of this chapter as such board shall, in its discretion, determine by resolution adopted at least thirty days before election day. All ballots received by the board of elections from voters whose applications were received by such board later than seven days before election day, all ballots received by such board between election day and the seventh day after election day, and all federal write-in ballots received from absentee voters, shall be retained at the board and shall be cast and canvassed in the same manner as other ballots retained by such board.

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