1. The Laws of New York
  2. Consolidated Laws
  3. Election
  4. Article 10: Voting By Members of Armed Forces


Section 10-109 Military voters; cancellation of registration

Election (ELN)

1. Voters registered pursuant to this article shall be eligible to vote in every election in which military voters are eligible to vote which is held more than ten days after the date of the receipt of their applications for such registration.

  2. If any ballot, application form or other mail sent to a military voter at his military address by the board of elections is returned by the post office as undeliverable, the board of elections shall ascertain whether the military voter is residing at the address given on his registration records as his permanent address. If he is residing at such address, the board shall not send him any further military ballots unless he applies for them in the regular way, giving a new military address. If such military voter is not residing at such permanent address, the board of elections shall send a confirmation notice to such military voter at his last military address pursuant to the provisions of section 5-712 of this chapter and shall place the registration of such voter in inactive status. However, if such a voter notifies the board of elections that he has moved to a new military address, the board shall restore the registration of such voter to active status in the manner prescribed by section 5-213 of this chapter.

  3. The board of elections shall process and preserve the records of such registrations, including the original applications for such registrations, in the same manner and for the same period of time as the records of other voters registered under permanent personal registration.

  4. A military voter whose registration is cancelled pursuant to the provisions of section 5-400 of this chapter shall be eligible to reregister in the manner provided by this article.

  5. Upon cancelling the registration of a military voter pursuant to the provisions of section 5-400 of this chapter, the board of elections shall forthwith notify such voter at his last military address and at his permanent residence address of the fact of the cancellation, the reason therefor, and of his right to reregister pursuant to this article.