New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 6211

Executive Department

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8 sections

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Source versions current through Mar 31, 2022 - Feb 15, 2023 across sections

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

9 NYCRR 6211.1 - Earlier source heading: Early voting site designations

Related State Register notice: Adopted rule SBE-30-22-00005-A. Published Feb 15, 2023. Notice effective date: Feb 15, 2023.

Source version current through Feb 15, 2023

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Feb 15, 2023
Related Register notice
SBE-30-22-00005-A · Adopted rule
Related notice published
Feb 15, 2023
Related notice effective date
Feb 15, 2023

Current section text is not available here.

9 NYCRR 6211.2 - Canvass of ballots cast during early voting

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
SBE-22-19-00003-A · Adopted rule
Related notice published
Apr 8, 2020
Related notice effective date
Apr 8, 2020
(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

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
SBE-22-19-00003-A · Adopted rule
Related notice published
Apr 8, 2020
Related notice effective date
Apr 8, 2020

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

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
SBE-22-19-00003-A · Adopted rule
Related notice published
Apr 8, 2020
Related notice effective date
Apr 8, 2020

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

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
SBE-22-19-00003-A · Adopted rule
Related notice published
Apr 8, 2020
Related notice effective date
Apr 8, 2020

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 - Earlier source heading: Voter history and prevention of duplicate voting

Related State Register notice: Adopted rule SBE-16-22-00004-A. Published Sep 21, 2022. Notice effective date: Sep 21, 2022.

Source version current through Sep 21, 2022

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 21, 2022
Related Register notice
SBE-16-22-00004-A · Adopted rule
Related notice published
Sep 21, 2022
Related notice effective date
Sep 21, 2022

Current section text is not available here.

9 NYCRR 6211.7 - Early voting communications plan

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
SBE-22-19-00003-A · Adopted rule
Related notice published
Apr 8, 2020
Related notice effective date
Apr 8, 2020
(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

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
SBE-22-19-00003-A · Adopted rule
Related notice published
Apr 8, 2020
Related notice effective date
Apr 8, 2020

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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