1. The Laws of New York
  2. Consolidated Laws
  3. Election
  4. Article 11: Special Presidential and Special Federal Voters and Special Ballots
  5. Title 2: Special Federal Voters


Section 11-204 Processing of applications by board of elections

Election (ELN)

1. The registration application forms shall be in a form prescribed by the state board of elections.

  2. Upon receipt of an application, the board of elections shall determine upon such inquiry as it deems proper whether the applicant has answered all the questions contained in the application and whether the applicant is legally qualified to receive and vote a special federal ballot. If it finds he is not so qualified, the board shall reject the application and shall notify the applicant of such rejection and give the reason or reasons therefor in accordance with the preferred method of transmission designated by the voter pursuant to section 11-203 of this title. All investigations by the board of elections shall be concluded and all determinations made not later than the twentieth day before election.

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

  4. If the board of elections shall determine that the applicant making the application provided for in this section is qualified to receive and vote a special federal ballot, it shall, as soon as practicable after it shall have so determined, or not later than thirty-two days before each general or primary election and forty-five days before each special election in which such applicant is qualified to vote, or three days after receipt of such an application, whichever is later, mail to him or her at the residence address outside the United States shown in his or her application, a special federal ballot, an inner affirmation envelope and an outer envelope, or otherwise distribute same to the voter in accordance with the preferred method of transmission designated by the voter pursuant to section 11-203 of this title. The board of elections shall also mail, or otherwise distribute in accordance with the preferred method of transmission designated by the voter pursuant to section 11-203 of this title, a special federal ballot to every qualified special federal voter who is already registered and who requests such special federal 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 first 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 a special federal ballot.

  5. The board of elections shall keep a list of the persons who have made and signed applications for special federal ballots and of the applicants who have been determined to be qualified. The board shall keep open to public inspection such list of applicants with their names, addresses, party enrollments, and application dates and shall give to the chairman of each political party in the county fifteen days before each election, a complete list of special federal voters eligible to vote in such election. Such list shall contain the names, party enrollments for a primary election and places of previous residence including the election district and ward, if any, and, in the city of New York and the county of Nassau, the assembly district of all such voters.