You can vote in New York State if you are a United States citizen, will be at least 18 years old by Election Day, have lived in your county, city, or village for at least 30 days before the election, and are not currently serving a prison sentence for a felony or under a court finding of incompetency. Those rules come from the state Election Law and apply to every federal, state, and local race on the ballot.
The Four Eligibility Requirements
New York Election Law § 5-102 sets the baseline qualifications for every voter in the state.1New York State Senate. New York Election Law 5-102 – Qualifications of Voters; Age and Residence
- U.S. citizenship. You must be a citizen. Lawful permanent residents, green card holders, and visa holders cannot register or vote in state and federal elections.
- Age. You must be 18 by Election Day. If you turn 18 between a primary and a general election, you can vote in the general.
- Residency. You must have lived in New York State, and in the specific county, city, or village where you plan to vote, for at least 30 days before the election.
- No duplicate voter registration. You cannot be claiming the right to vote anywhere else at the same time. The state registration form has you affirm this under penalty of perjury.2New York State Board of Elections. New York State Voter Registration Form
Meet all four, and you qualify. Miss any one, and you do not.
Can 16 and 17 Year Olds Register?
Yes, but with a wait. Under Election Law § 5-507, you can fill out and submit a voter registration form at 16 or 17. Your county board of elections holds the application and activates your registration automatically when you turn 18.3New York State Senate. New York Election Law 5-507 – Voter Pre-Registration and Education on Voter Pre-Registration If you are pre-registered and will be 18 by Election Day, you are also eligible to request absentee and early mail ballots for that election.1New York State Senate. New York Election Law 5-102 – Qualifications of Voters; Age and Residence
Who Is Disqualified From Voting
Election Law § 5-106 identifies the people who otherwise meet the baseline requirements but are stripped of the right to vote.4New York State Senate. New York Election Law 5-106 – Qualifications of Voters; Reasons for Exclusion There are three categories.
Felony incarceration. If you are currently serving a prison sentence for a felony conviction, you cannot register or vote while incarcerated. It does not matter whether the felony was prosecuted under New York law, federal law, or the law of another state.
Court-adjudged incompetency. If a court has found you incompetent, you cannot vote unless a later court order restores your competency.
Election bribery or betting. If you offer or accept payment in exchange for a vote, or you place a bet on the outcome of an election, you are barred from voting in that specific election. The disqualification is narrow: it reaches that election only, not future ones.
Misdemeanor convictions are not listed as a disqualifying category. Neither is being on probation or on parole for a non-felony offense.
Voting Rights After a Felony Conviction
If you have a felony on your record but are not currently in prison for it, you can vote. New York changed its rule in 2021. Before then, a felony stripped your voting rights until you finished both your prison term and any parole or post-release supervision. Chapter 103 of the Laws of 2021 amended § 5-106 so that your right to vote returns the moment you leave prison, whether or not you are still on parole.5New York State Senate. NY State Senate Bill 2021-S830B
No application to a governor or parole board is needed. Restoration is automatic in that sense. But your old registration was canceled when you went to prison, and it will not come back on its own. Fill out a new voter registration form after your release.4New York State Senate. New York Election Law 5-106 – Qualifications of Voters; Reasons for Exclusion
What the 30-Day Residency Rule Actually Means
The residency requirement is tied to the election, not the calendar year. You must have lived at your current New York address for 30 days before the day you intend to vote. If you moved into the state 20 days before Election Day, you cannot vote in that election. If you moved within the state and changed counties fewer than 30 days before Election Day, you vote based on your previous address rather than your new one.
The qualification is also location-specific. You need 30 days in the state and in the particular county, city, or village where you register.
Party Enrollment and Primary Eligibility
Being eligible to vote is not the same as being eligible to vote in every election on the calendar. New York runs closed primaries, so only voters enrolled in a party can vote in that party’s primary.6NYC Board of Elections. Party Affiliation If you register without a party, you can vote in general elections but not in any primary.
Switching parties has a deadline that trips people up. To change enrollment in time for a June primary, your change must reach your county board of elections by February 14 of that year. Anything received later takes effect seven days after the June primary, which is too late to help you vote in it.7New York State Senate. New York Election Law 5-304 – Enrollment
Military Members and Citizens Living Abroad
If you are an active-duty service member, a merchant mariner, a member of certain uniformed services, or a U.S. citizen living outside the country, you remain eligible to vote in New York under the federal Uniformed and Overseas Citizens Absentee Voting Act. Spouses and dependents of service members are covered as well.8Federal Voting Assistance Program. The Uniformed and Overseas Citizens Absentee Voting Act Overview You register using the Federal Post Card Application rather than the standard state form, and New York must send your ballot at least 45 days before a federal election.
If You Are Not Sure Whether You Qualify
The statute does not leave much gray area. If you can answer yes to all four baseline questions and no to all three disqualifying ones, you can vote. If you are uncertain about your status, your county board of elections can look up your current registration record and tell you whether you are listed as active, inactive, or canceled. You can also check your registration through the state voter lookup tool at voterlookup.elections.ny.gov before an election to confirm you are on the rolls at the right address.