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 11-216 Forwarding of applications and ballots

Election (ELN)

1. If the state board of elections receives any applications, requests for applications or ballots from persons who are or may be eligible to vote pursuant to this title, it shall forthwith forward such applications or ballots to the board of elections in whose jurisdiction such persons are or may be so eligible.

  2. If a board of elections receives any applications, requests for applications or ballots from persons who are or may be eligible to vote, pursuant to this title, from an address in the jurisdiction of another board of elections, the board receiving such applications or ballots shall forthwith mail them by first class mail to the board of elections in whose jurisdiction such persons are or may be so eligible.

  3. (a) 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 11-203 of this title, a federal write-in absentee ballot to all special federal voters eligible to vote by special federal ballot in such special election.

  (b) 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 special federal 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 special federal voters eligible to vote in such election.

  (c) A special federal 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 (a) or (b) of this subdivision. Such certified special federal ballot shall be sent by the board of elections in accordance with the preferred method of transmission designated by the special federal voter pursuant to section 11-203 of this title, or expedited mail if the special federal voter has not expressed a preference to receive same by facsimile transmission or electronic mail, and his or her request for a special federal ballot was made at least thirty-two days before the election.