N.Y. ELN Law § 8-303

§ 8-303. Initial voter identification. 1. Applicability. Each board of\nelections, in a uniform and nondiscriminatory manner, shall require a\nvoter to meet the requirements of subdivision two of this section if:\n (a) the individual registered to vote in a jurisdiction by mail on or\nafter January first, two thousand three; and\n (b) the individual has not previously voted in an election for federal\noffice in the jurisdiction of the board of elections.\n 2. Requirements. (a) In general. An individual meets the requirements\nof this subdivision if the individual:\n (1) in the case of an individual who votes in person: (i) presents to\nthe appropriate election inspector, clerk or coordinator a current and\nvalid photo identification; or\n (ii) presents to the appropriate election inspector, clerk or\ncoordinator a copy of a current utility bill, bank statement, government\ncheck, paycheck, or other government document that shows the name and\naddress of the voter; or\n (2) in the case of an individual who votes by mail, submits in the\nouter envelope with the envelope containing the ballot: (i) a copy of a\ncurrent and valid photo identification; or\n (ii) a copy of a current utility bill, bank statement, government\ncheck, paycheck, or other government document that shows the name and\naddress of the voter.\n (b) Fail-safe voting. (1) An individual who desires to vote in person,\nbut who does not meet the requirements of subparagraph one of paragraph\n(a) of this subdivision, may cast an affidavit ballot, and\nnotwithstanding this section of law, such affidavit ballot shall be duly\ncast and counted, even though such individual does not meet the\nrequirements of subparagraph one of paragraph (a) of this subdivision,\nprovided such individual casting such ballot is an otherwise eligible\nvoter pursuant to law, provided further that such ballot otherwise\ncomplies with the requirements of law.\n (2) An individual who desires to vote by mail but who does not meet\nthe requirements of subparagraph two of paragraph (a) of this\nsubdivision may cast such a ballot by mail and such ballot shall be duly\ncast and counted, notwithstanding this section, provided the voter is\ndetermined to be an eligible voter and provided further that such ballot\notherwise complies with the requirements of law.\n 3. Inapplicability. Subdivisions one and two of this section shall not\napply in the case of a person: (a) who registers to vote by mail and\nsubmits as part of such registration either:\n (1) a copy of a current and valid photo identification; or\n (2) a copy of a current utility bill, bank statement, government\ncheck, paycheck, or government document that shows the name and address\nof the voter;\n (b) (1) who registers to vote by mail and submits with such\nregistration either:\n (i) a driver's license or a department of motor vehicles non-driver\nphoto ID number; or\n (ii) at least the last four digits of the individual's social security\nnumber; and\n (2) with respect to whom a local board of elections matches the\ninformation submitted under subparagraph one of this paragraph with an\nexisting state identification record bearing the number, name and date\nof birth of such voter; or\n (c) who is: (1) entitled to vote by absentee ballot under the\nUniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1\net seq.);\n (2) provided the right to vote otherwise than in person under section\n3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and\nHandicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or\n (3) entitled to vote otherwise than in person under any other federal\nlaw.\n