Kolodziej v. Niebel

OPINION OF THE COURT

Joseph Gerace, J.

*362Respondent McEntarfer received his absentee ballot, as an approved physically disabled voter. As she had done in prior elections, his wife delivered the completed ballot to the polling place in his election district on Election Day. The ballot was accepted by the inspector at the polling place.

The statute provides that an absentee ballot may be mailed to the Board (if postmarked no later than the day before Election Day) or delivered to the Board of Elections. (Election Law §§ 8-410, 8-412.)

The issue here is whether the inspectors of elections at polling…