Legislation

Search OpenLegislation Statutes
This entry was published on 2019-01-25
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 10-108
Military voters; distribution of ballots to
Election (ELN) CHAPTER 17, ARTICLE 10
§ 10-108. Military voters; distribution of ballots to. 1. (a) Ballots
for military voters shall be mailed or otherwise distributed by the
board of elections, in accordance with the preferred method of
transmission designated by the voter pursuant to section 10-107 of this
article, as soon as practicable but in any event not later than
forty-six days before a primary or general election a New York city
community school board district or city of Buffalo school district
election; fourteen days before a village election conducted by the board
of elections; and forty-five days before a special election. A voter who
submits a military ballot application shall be entitled to a military
ballot thereafter for each subsequent election through and including the
next two regularly scheduled general elections held in even numbered
years, including any run-offs which may occur; provided, however, such
application shall not be valid for any election held within seven days
after its receipt. Ballots shall also be mailed to any qualified
military voter who is already registered and who requests such military
ballot from such board of elections in a letter, which is signed by the
voter and received by the board of elections not later than the seventh
day before the election for which the ballot is requested and which
states the address where the voter is registered and the address to
which the ballot is to be mailed. The board of elections shall enclose
with such ballot a form of application for military ballot. In the case
of a primary election, the board shall deliver only the ballot of the
party with which the military voter is enrolled according to the
military voter's registration records. In the event a primary election
is uncontested in the military voter's election district for all offices
or positions except the party position of member of the ward, town, city
or county committee, no ballot shall be delivered to such military voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.

(b) Upon the proclamation of a special election by the governor or
otherwise pursuant to law, each board of elections shall, not later than
three days after the establishment of the date of such special election,
transmit by mail, facsimile transmission or electronic mail in
accordance with the preferred method of transmission designated by the
voter pursuant to section 10-107 of this article, a federal write-in
absentee ballot to all military voters eligible to vote by military
ballot in such special election.

(c) Each board of elections which is served with a court order
restraining or enjoining the issuance of ballots in any election, other
than a special election, in which any military voter is entitled to
receive a ballot shall immediately notify the state board of elections
of such fact and shall transmit in accordance with the preferred method
of transmission designated by the voter, a federal write-in absentee
ballot to all military voters eligible to vote in such election.

(d) A military voter who has received a federal write-in absentee
ballot shall be entitled to receive a certified ballot notwithstanding
the prior transmission of a federal write-in absentee ballot to such
voter pursuant to paragraph (b) or (c) of this subdivision. Such
certified military ballot shall be sent by the board of elections in
accordance with the preferred method of transmission designated by the
voter pursuant to section 10-107 of this article, or expedited mail if
the military voter has not expressed a preference to receive same by
facsimile transmission or electronic mail, and his or her request for a
military ballot was made at least thirty-two days before the election.

2. In the event that the board of elections of any county shall not
mail or otherwise distribute ballots to the military voters of such
county by the date required by this section, such board shall notify the
state board of elections in writing of the facts and reasons for such
non-compliance.

3. Thereafter, ballots shall be so distributed to persons whose names
and military addresses are added to the registration poll ledgers as
military voters, except that the military ballots may be delivered by
hand to military voters who personally file an application with the
board of elections of their county of residence. The military ballot
shall be delivered to such military voter together with a ballot
envelope and a second envelope addressed to the appropriate board of
elections on which is printed "Official Election Balloting Material--Via
Air Mail".