1. The Laws of New York
  2. Consolidated Laws
  3. Election
  4. Article 8: Conduct of Elections
  5. Title 4: Absentee Voting


Section 8-404 Absentee voting; hospitalized veterans, special provisions

Election (ELN)

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.