Title 9 Part 6211 NYCRR — browse free

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Compiled text through Mar 31, 2022 - Feb 15, 2023 across sectionsRegister checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 6211.1 - Early voting site designations

Compiled text through Feb 15, 2023

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Current section with Register check
Compiled text through: Feb 15, 2023
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: SBE-30-22-00005-A · Adopted rule · Feb 15, 2023
Source snapshot: Jun 24, 2026

(a)Deadline for early voting site designations. By May 1st of each year, the Board of Elections shall designate early voting sites for the general election held in such year. Early voting sites for primaries and special elections shall be designated no later than 30 days before such an election. (b) Minimum number of early voting sites. (1) For a general election, the Board of Elections shall designate at least the number of early voting sites required by this Part, based on the number of registered voters in each county, including voters in active and inactive status as of February 21st. For counties with at least five hundred thousand registered voters, there shall be at least one early voting site for every full increment of forty thousand registered voters. For counties with less than five hundred thousand registered voters, there shall be at least one early voting site for every full increment of thirty thousand registered voters, provide, however, any such county shall not be required to designate more than ten early voting sites, as follows: (i) If the number of voters in the county is less than 59,999, the county must have at least one early voting site. (ii) If the number of voters in the county is equal to or more than 60,000 and less than or equal to 89,999, the county must have at least two early voting sites. (iii) If the number of voters in the county is equal to or more than 90,000 and less than or equal to 119,999, the county must have at least three early voting sites. (iv) If the number of voters in the county is equal to or more than 120,000 and less than or equal to 149,999, the county must have at least four early voting sites. (v) If the number of voters in the county is equal to or more than 150,000 and less than or equal to 179,999, the county must have at least five early voting sites. (vi) If the number of voters in the county is equal to or more than 180,000 and less than or equal to 209,999, the county must have at least six early voting sites. (vii) If the number of voters in the county is equal to or more than 210,000 and less than or equal to 239,999, the county must have at least seven early voting sites. (viii) If the number of voters in the county is equal to or more than 240,000 and less than or equal to 269,999, the county must have at least eight early voting sites. (ix) If the number of voters in the county is equal to or more than 270,000 and less than or equal to 299,999, the county must have at least nine early voting sites. (x) If the number of voters in the county is equal to or more than 300,000 the county must have at least ten early voting sites. (2) For a primary election or special election, the minimum number of early voting sites shall be based on the number of voters eligible to participate in the election pursuant to paragraph (1) of this subdivision, unless the Board of Elections adopts a resolution determining that a lesser number of early voting sites is sufficient to meet the needs of early voters. Such resolution shall state the basis of such determination and shall specify how the Board of Elections will monitor voter wait times at early voting sites and ensure compliance with section 6210.19 (d) of this Title throughout the period of early voting. (3) The Board of Elections may designate more early voting sites than the minimum number required for the convenience of voters. (4) All sites must be open for voting for the hours required by Election Law section 8-600, but the Board of Elections may expand the hours the early voting sites are open beyond the statutory minimums. (c) Standards for early voting site designation. (1) Adequate and equitable access. Early voting sites shall be located so that voters in each county have adequate and equitable access to early voting, and such sites shall comply with the provisions of the Election Law related to poll sites and accessibility for voters with physical disabilities. A polling place accessibility survey shall be completed, filed and updated for each early voting site as required by Part 6206 of this Title. (2) The Board of Elections shall consider, in totality, the following factors when designating early voting sites: (i) population density; (ii) travel time to the early voting location from the voter's place of residence; (iii) proximity of an early voting site to other early voting sites; (iv) whether the early voting site is on or near public transportation routes; (v) commuter traffic patterns; (vi) any other factors the Board of Elections deems appropriate. (3) As determined by the most recent federal census, the city with the largest population in each county or, if there is no city in the county, the municipality with the highest population, or the county seat in Washington County, shall have situated therein at least one early voting site designated pursuant to subdivision (b) of this section, and such site if practicable shall be situated along a public transportation route.

9 NYCRR 6211.2 - Canvass of ballots cast during early voting

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: SBE-22-19-00003-A · Adopted rule · Apr 8, 2020
Source snapshot: Jun 6, 2026

(a)All ballots cast during early voting period, by any method allowed under law, shall be canvassed and counted as if cast on Election Day. At the end of each day of early voting, all voted and unvoted ballots shall be reconciled and, along with any portable memory devices containing voting information and registration poll records, returned to the Board of Elections or otherwise secured pursuant to a plan filed with the State Board at least 60 days before the first day of early voting for the first election at which such plan shall be applicable. Such plan shall be approved or rejected by the co-executive directors of the State Board of Elections within two weeks of filing. If such plan is rejected, notice shall be provided to the Board of Elections of the reasons therefor. The Board of Elections shall then have three business days to amend the plan and resubmit for approval. An approved plan shall remain in effect until amended by the Board of Elections and such amendment is approved as provided herein.

(b)The manner of canvassing the voting machines used at early voting and announcing the results shall be consistent with section 8-600 of the Election Law and in the same manner as provided by title 1 of article 9 of the Election Law and the procedures of the State Board of Elections, except that the canvass of ballots cast during the early voting period may begin no earlier than at 8:00 p.m. on Election Day, provided the Board of Elections adopts procedures to prevent the public release of any election results prior to the close of polls on election day. Such procedures must be consistent with the regulations of the State Board of Elections and must be filed with the State Board of Elections at least 60 days before the first early voting period for an election to which they will apply, and shall remain in effect until amended by the Board of Elections and such amendment is filed as provided herein. To prevent the premature release of voting results prior to the close of all polls on Election Day, all persons lawfully present at the canvass of ballots cast during early voting period shall remain incommunicado with all persons outside of the place of canvass and shall remain at the room or area of the canvass once the canvass has begun, absent exigency or a Board of Elections purpose that requires leaving the canvass room or area, until at least the close of polls on the day of election.

9 NYCRR 6211.3 - Ballots cast when scanner unavailable during the early voting period

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: SBE-22-19-00003-A · Adopted rule · Apr 8, 2020
Source snapshot: Jun 6, 2026

At the end of each day of early voting, those ballots which were not scanned because a scanner was not available or because the ballot was abandoned at the ballot scanner, shall, if a scanner is then available, be scanned by the election inspectors as provided for by Election Law section 9-110. Any ballots that are unscannable because it is rejected by the scanner or because of an overvote or wholly blank vote warning provided by the ballot scanner, shall be secured in the manner applicable to voted ballots on Election Day and shall remain unexamined until the time of canvass on the day of the election, at which time they shall be examined as provided for in Election Law section 9-110 and duly canvassed. Such ballots shall be reconciled as required by the procedures of the State board and must be held inviolate until the time of canvass on Election Day under tamper evident seal and lock and key.

9 NYCRR 6211.4 - Affidavit ballots cast during early voting

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: SBE-22-19-00003-A · Adopted rule · Apr 8, 2020
Source snapshot: Jun 6, 2026

Affidavit ballots cast during early voting shall be accounted for in the manner of affidavit ballots cast on Election Day. Boards of elections shall complete the bi-partisan review of the affidavits to determine the eligibility of such voter prior to the canvass of affidavit ballots cast during the early voting period, in the same manner as for affidavit ballots submitted on Election Day. Until the time of canvassing, affidavit ballot envelopes shall be secured, when not in bipartisan custody for processing and researching, under tamper evident seal and lock and key as required by the procedures of the State board.

9 NYCRR 6211.5 - Privacy of voting

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: SBE-22-19-00003-A · Adopted rule · Apr 8, 2020
Source snapshot: Jun 6, 2026

To ensure an efficient and fair early voting process that respects the privacy of the voter, the manner of voting on days of the early voting period shall be the same as the manner of voting on the day of election.

9 NYCRR 6211.6 - Voter history and prevention of duplicate voting

Compiled text through Sep 21, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Current section with Register check
Compiled text through: Sep 21, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: SBE-16-22-00004-A · Adopted rule · Sep 21, 2022
Source snapshot: Jun 24, 2026

(a)During the early voting period, the voting history record for each voter shall be continually updated to reflect that a voter has voted early. A record indicating a voter has voted during the early voting period shall be available to poll workers at every early voting site at which a voter is eligible to vote in near real time. In such instance where a voter is only eligible to vote at one early voting site, the single poll book at such site for such voter may serve as the continually updated record of voter history throughout the early voting period. (b) By Election Day, the voting history record of each voter who has cast a ballot during the early voting period shall be entered into the voter registration system of the board of elections. Such voting history shall be included in the voter registration poll record that is used on Election Day to determine the eligibility of voters. Such Election Day record must differentiate voters who voted early from those who appeared to vote on the day of election. (c) Any voter who the board of elections has identified as having voted during the early voting period shall not be eligible to vote on Election Day, except such voter shall be entitled to complete an affidavit ballot if such voter claims not to have voted early. Such affidavit shall be marked as such. (d) No later than the third day after a n election, the voting history record of each voter who has signed a poll record and thus cast a ballot on such election day shall be entered into the voter registration system of the board of elections, and the voter history for such election day voters, early voters and all voters with a notation pursuant to Election Law § 9-209(1)(d) that indicates that the voter has voted in such election shall be uploaded to the statewide voter registration list. (e) Not later than the third day after a n election, by five o'clock p.m. on such day, the board of elections shall prepare a list, including data elements prescribed by the board of elections and in the format specified by the state board of elections, of all persons who submitted an affidavit ballot. Such list shall be provided to the state board of elections, and the state board of elections shall provide a combined list of all affidavit ballots submitted statewide to the boards of elections. (f) No later than seven businesses days after the completion of the canvass, the voting history record of each voter who has cast an absentee, military, special or federal ballot on Election Day or who has cast an affidavit ballot during early voting or on Election Day for whom such information was not already entered shall be entered into the voter registration system of the board of elections and the statewide voter registration list. (g) Boards of elections shall provide information regarding voter registration records or voting records in their custody to other boards of elections, upon request, as soon as reasonably practicable. (h) The board of elections, as required by Election Law § 8-600(1), shall establish procedures to ensure that persons who vote during early voting shall not be permitted to vote subsequently in the same election. Such procedures shall remain in effect until amended by the board of elections and shall be filed with the state board of elections on or before the sixtieth day preceding the first day of the early voting period. Such procedures shall be approved or rejected by the co-executive directors of the state board of elections within two weeks of filing. If such procedures are rejected, notice shall be provided to the board of elections of the reasons therefor. The board of elections shall then have three business days to amend their procedures and resubmit the same to the state board of elections for approval. (i) Boards of elections shall provide to the state board, in the manner specified by the state board, the number of voters who vote early on each day of early voting by the next business day after such day of early voting. This notice is intended: to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire July 2, 2022.

9 NYCRR 6211.7 - Early voting communications plan

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: SBE-22-19-00003-A · Adopted rule · Apr 8, 2020
Source snapshot: Jun 6, 2026

(a)Early voting information.

The Board of Elections shall provide at least the following information to media outlets within the county:

(1)the location of early voting sites and their dates and hours of operation;

(2)a statement that all early voting sites are accessible to voters with physical disabilities;

(3)a clear statement that if a voter casts a ballot during early voting the voter will not be allowed to vote on Election Day or on a subsequent day of early voting;

(4)if early voting sites are specific to particular cities, towns or other political subdivisions, a statement describing the area served by each early voting site.

(b)Communications outreach.

County Board of Elections may also provide early voting information by using social media venues and any other communication mechanisms, including but not limited to broadcast advertisements, direct mail or newspaper advertisements. The Board of Elections communications plan shall identify the community based groups that were involved in the development of the plan or were provided early voting information.

(c)Filing communications plan with State Board of Elections.

The Board of Elections shall annually file a copy of the communications plan on or before May 1st.

9 NYCRR 6211.8 - Applicability

Compiled text through Mar 31, 2022

No later Register activity identified in this check.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: SBE-22-19-00003-A · Adopted rule · Apr 8, 2020
Source snapshot: Jun 6, 2026

This Part shall apply in relation to any election at which early voting is held pursuant to title VI of article 8 of the Election Law as enacted by chapter 6 of the Laws of 2019.

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