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This entry was published on 2014-09-22
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SECTION 10-106
Military voters; registration and application for ballots
Election (ELN) CHAPTER 17, ARTICLE 10
§ 10-106. Military voters; registration and application for ballots.
1. On or before the thirty-fifth day preceding an election the names
and addresses of all military voters who have filed applications for
military ballots by such day and who were not already registered shall
be registered by the board of elections in the election district of
residence of such military voter as hereinafter provided.

2. Such board of elections shall cause such military voter to be
registered in the manner provided by this chapter, and in the space
designated "other remarks" shall be entered the military address of such
voter or such military address shall be entered into the computer files
from which the computer generated registration list is prepared. Such
registration poll records shall be stamped or marked conspicuously with
the legend "Military Voter" or the records of such military voters in
such computer files shall be coded in a manner which distinguishes such
voters from the other voters in such files. The foregoing provisions of
this subdivision as to entry of the military address may be altered by
the state board of elections to such extent as may be necessary to the
security and safety of the United States. A military voter shall not be
required to register personally. An application for a military ballot
shall constitute permanent personal registration and a military voter
shall be deemed registered under the rules and regulations prevailing
under permanent personal registration upon the filing of his application
and the entering of his name in the appropriate registration records.

3. (a) In addition to any other method of registering to vote or of
applying for a military ballot, a military voter may request a voter
registration application or military ballot application by facsimile
transmission to the board of elections or pursuant to the Uniformed and
Overseas Citizens Absentee Voting Act or by electronic mail. When making
such a request, the military voter may designate a preference for
transmission of such voter registration application and military ballot
application pursuant to section 10-107 of this article.

(b) The military ballot application shall allow the military voter to
designate a preference for transmission of the military ballot pursuant
to section 10-107 of this article.

(c) The procedures for receiving documents from and transmitting
documents to a military voter shall, to the extent practicable, protect
the security and integrity of the military voter registration and
military ballot application request process and protect the privacy of
the military voter, including the voter's identity and other personal
data. Nothing in this paragraph shall limit the information that may be
obtained pursuant to section 3-220 of this chapter.

4. Not earlier than the ninetieth or later than the seventy-fifth day
before each general election, each county or city board of elections
shall send, in accordance with the preferred method of transmission
designated by the voter pursuant to section 10-107 of this article, to
each person who is registered as a military voter and to every other
military voter in such county or city for whom it has a military
address, an application for a military ballot for such general election
in a form prescribed by the state board of elections, which shall
include a place for such military voter to enroll in a party, and shall
include the return address of such board of elections.

5. The state board of elections shall forward to the appropriate board
of elections all applications for military ballots received by it. An
application from a military voter not previously registered must be
received by the appropriate board of elections not later than ten days
before a general or special election or twenty-five days before a
primary election in order to entitle the applicant to vote at such
election. An application from a military voter who is already registered
must be received at least seven days before an election in order to
entitle the applicant to vote at such election; except that an
application from such a military voter who delivers his application to
the board of elections in person, must be received not later than the
day before the election.

6. The board of elections shall immediately add to such registration
records the name and residence and military address of every military
voter, who was not previously registered, pursuant to this chapter, from
whom it receives a valid application for a military ballot. If a valid
application for a military ballot is received by a board of elections
from a person already registered, other than as a military voter, from
the residence address set forth in such application, such board shall
mark the registration records of such voter in the same manner as the
registration records of other military voters.

7. The board of elections in each year shall cause a list of names,
residence addresses and, for a primary election, party enrollments of
military voters appearing on such registration poll records to be
prepared not later than seven days preceding an election. One copy shall
be kept at the office of the board of elections for public inspection.
The board shall transmit one copy to the chairman of each political
party in the county, upon written request.

7-a. If a federal post card application form is received from a person
who is qualified to vote as a military voter but who has not previously
registered pursuant to the provisions of this article, such federal post
card application form shall be treated in all respects as an application
for registration and enrollment as a military voter and for a military
ballot pursuant to the provisions of this article. If such a federal
post card application form is received from a person already registered
as a military voter pursuant to the provisions of this article, such
application shall be treated in all respects as an application for a
military ballot pursuant to the provisions of this article.

8. If the board of elections denies the application of a person in
military service to register to vote or to receive a military ballot,
such board of elections shall immediately send the applicant a written
explanation for such denial.

10. A qualified voter who shall have been inducted into or who shall
have enlisted in the military service and who shall not have taken his
oath of allegiance prior to thirty days preceding a general or special
election, or the spouse, parent or child residing in the same election
district as, and accompanying such voter, may register before the board
of elections of his county of residence, on or before the tenth day
preceding such election, provided he shall, on or before the day of such
election, actually be in the military service. Such voter shall then
receive a military ballot. Such registration record shall be stamped
with the legend "military voter".

11. A board of elections may send to any spouse, parent, or adult
child, brother or sister of a military voter serving inside or outside
of the continental limits of the United States, an application for a
military ballot, in a form prescribed by the state board of elections.
Such application shall be on a postcard addressed to the appropriate
board of elections and shall include the statement "I understand that
this application will be accepted for all purposes as the equivalent of
an affidavit and, if it contains a material false statement, shall
subject me to the same penalties as if I had been duly sworn". Such
application may be signed by the spouse, parent or adult child, brother
or sister of such military voter. Upon receipt of such an application
from such a relative of a military voter, the board of elections shall
mail a military ballot to such military voter together with an
application for a military ballot and instructions that such application
must be completed and returned together with the envelope containing the
military ballot. No ballot sent to a military voter upon the application
of a relative of such military voter shall be cast or canvassed unless a
completed application for military ballot signed by such military voter
is returned within the time limits for the receipt of the military
ballot itself.

12. If the board of elections receives notice from a military voter
that such voter has left the military service and is residing at his
residence address, such board shall cross out or otherwise obliterate
the "Military Voter" legend on such voter's registration records and
thereafter treat such records in the manner provided by this chapter for
regularly registered voters.