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This entry was published on 2015-10-30
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SECTION 8-404
Absentee voting; hospitalized veterans, special provisions
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 4
§ 8-404. Absentee voting; hospitalized veterans, special provisions.
1. After entering upon the registration records, the application for
registration of a resident or patient of a veterans health
administration hospital as to whom the medical superintendent or medical
head of such hospital has attested that he or she expects that he or she
will not be discharged prior to the day following the next general or
special village, primary, special, general or New York city community
school board district or city of Buffalo school district election, and
the application for registration by the spouse, parent or child of such
resident or patient, accompanying or being with him or her, if a
qualified voter and a resident of the same election district, the board
of elections, without further investigation and without further
application by the applicant, shall send to him or her at such hospital
an absentee ballot and shall record in the signature column on the back
of his or her permanent personal registration poll record that such
ballot has been sent.

(a) Any voter who is duly registered and whose registration records
are marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative"
need not thereafter make application for an absentee ballot. Sixty days
before each election, the board of elections shall compile and send a
list to each veterans health administration hospital of all residents
and patients of veterans health administration hospitals who appear by
the records of such board to be "hospitalized veterans" entitled to
receive absentee ballots at each such hospital pursuant to the
provisions of this section. Each veterans health administration hospital
shall no later than fifteen days following the receipt of such list,
return it with notations made thereon showing whether the resident or
patient continues to be confined therein or has been discharged
therefrom. Upon the receipt of such returned list from each veterans
health administration hospital with the proper notations showing that a
"hospitalized veteran" continues to be confined in such hospital, the
board of elections, by mail addressed to such "hospitalized veteran" at
his or her last known hospital address and by mail addressed to such
"hospitalized veteran's relative" at his or her last known address shall
send an absentee ballot for the ensuing election to such "hospitalized
veteran" and such "hospitalized veteran's relative" an absentee ballot
in the same manner as provided in this section for a qualified voter
entitled to an absentee ballot because of permanent disability. The
board shall record on the back of his or her registration poll record in
the space reserved for his or her signature at such election, the fact
that such ballot has been sent.

(b) If the returned list from a veterans' administration hospital
contains a notation showing that a "hospitalized veteran" is no longer a
resident or patient at the veterans health administration hospital where
he or she is recorded as staying, or if such letter containing an
absentee voter's ballot for a "hospitalized veteran" or a "hospitalized
veteran's relative" is returned by the post office as undeliverable, the
board of elections shall ascertain whether the "hospitalized veteran" or
"hospitalized veteran's relative" is residing at the address given on
his or her registration records as his or her permanent address. If he
or she is residing there, the board shall not send him or her any
further absentee ballots unless he or she applies therefor in the
regular way. If he or she is not residing at the place of residence
given on his or her registration records but the board ascertains that
he or she has been transferred to another veterans health administration
hospital, the board shall cause a central board of registration to make
the necessary changes of temporary address on his or her registration
records and shall continue sending him or her absentee ballots at the
veterans health administration hospital where he or she is staying. If
he or she is not residing at the place of residence given on his or her
registration records and the board cannot ascertain that he or she has
been transferred to another veterans health administration hospital, the
board shall cancel his or her registration. Whenever a registration is
cancelled pursuant to this paragraph notice shall be mailed to the
veteran or his or her relative at his or her permanent residence address
and last temporary address.

2. The board of elections shall furnish to each party county chairman
in such county a list of the names and residence addresses of the
hospitalized veterans and hospitalized veterans' relatives to whom
absentee ballots have been sent.

3. Such ballots shall be mailed, voted, returned, counted, and
canvassed as provided in this chapter for other absentee voters'
ballots.