New York Laws
Title 5 - Challenging Voters
8-506 - Challenges; Absentee, Military, Special Federal and Special Presidential Ballots.

§ 8-506. Challenges; absentee, military, special federal and special
presidential ballots. 1. During the examination of absentee, military,
special federal and special presidential voters' ballot envelopes, any
inspector shall, and any watcher or registered voter properly in the
polling place may, challenge the casting of any ballot upon the ground
or grounds allowed for challenges generally, or (a) that the voter was
not entitled to cast an absentee, military, special federal or special
presidential ballot, or (b) that notwithstanding the permissive use of
titles, initials or customary abbreviations of given names, the
signature on the ballot envelope does not correspond to the signature on
the registration poll record, or (c) that the voter died before the day
of the election.

2. The board of inspectors forthwith shall proceed to determine each
challenge. Unless the board by majority vote shall sustain the
challenge, an inspector shall endorse upon the envelope the nature of
the challenge and the words "not sustained", shall sign such
endorsement, and shall proceed to cast the ballot as provided herein.
Should the board, by majority vote, sustain such challenge, the reason
and the word "sustained" shall be similarly endorsed upon the envelope
and an inspector shall sign such endorsement. The envelope shall not be
opened and such envelope shall be returned unopened to the board of
elections. If a challenge is sustained after the ballot has been removed
from the envelope, but before it has been deposited in the ballot box,
such ballot shall be rejected without being unfolded or inspected and
shall be returned to the envelope. The board shall immediately enter the
reason for sustaining the challenge on such envelope and an inspector
shall sign such endorsement.

3. If the board of inspectors determines by majority vote that it
lacks sufficient knowledge and information to determine the validity of
a challenge, the inspectors shall endorse upon the ballot envelope the
words "unable to determine", enter the reason for the challenge in the
appropriate section of the challenge report and return the envelope
unopened to the board of elections. Such ballots shall be cast and
canvassed pursuant to the provisions of section 9-209 of this chapter.

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