1. To be counted, any ballot cast under the provisions of this article must be received by the appropriate board of elections not later than the close of the polls on election day except that all ballots contained in envelopes showing a cancellation mark of the United States postal service, or a foreign country's postal service with a date which is ascertained to be not later than the day of the election, shall be cast and counted if received by the board of elections not later than seven days following the day of election. 2. Special presidential ballots received by the board of elections before the close of the polls on election day may be delivered to the inspectors of election in the manner prescribed by this chapter for absentee ballots or retained by the board of elections and cast and canvassed pursuant to the provisions of section 9-209 of this chapter as such board shall, in its discretion, determine by resolution adopted at least thirty days before election day. All ballots received by the board of elections between election day and the seventh day after election day shall be retained at the board and shall be dopted at least thirty days before election day. All ballots received by the board of elections between election day and the seventh day after election day shall be retained at the board and shall be cast and canvassed in the same manner as other ballots retained by such board.
New York Legal Code