N.Y. ELN Law § 10-108 — New York Code / Act ELN / Article 10 / Section 10-108
Military voters; distribution of ballots to
Status: in_force

§ 10-108. Military voters; distribution of ballots to. 1. (a) Ballots\nfor military voters shall be mailed or otherwise distributed by the\nboard of elections, in accordance with the preferred method of\ntransmission designated by the voter pursuant to section 10-107 of this\narticle, as soon as practicable but in any event not later than\nforty-six days before a primary or general election; twenty-five days\nbefore a New York city community school board district or city of\nBuffalo school district election; fourteen days before a village\nelection conducted by the board of elections; forty-five days before a\nspecial election; and twenty-three days before a special election held\npursuant to paragraph b of subdivision three of section forty-two of the\npublic officers law. A voter who submits a military ballot application\nshall be entitled to a military ballot thereafter for each subsequent\nelection through and including the next two regularly scheduled general\nelections held in even numbered years, including any run-offs which may\noccur; provided, however, such application shall not be valid for any\nelection held within seven days after its receipt. Ballots shall also be\nmailed to any qualified military voter who is already registered and who\nrequests such military ballot from such board of elections in a letter,\nwhich is signed by the voter and received by the board of elections not\nlater than the seventh day before the election for which the ballot is\nrequested and which states the address where the voter is registered and\nthe address to which the ballot is to be mailed. The board of elections\nshall enclose with such ballot a form of application for military\nballot. In the case of a primary election, the board shall deliver only\nthe ballot of the party with which the military voter is enrolled\naccording to the military voter's registration records. In the event a\nprimary election is uncontested in the military voter's election\ndistrict for all offices or positions except the party position of\nmember of the ward, town, city or county committee, no ballot shall be\ndelivered to such military voter for such election; and the military\nvoter shall be advised of the reason why he or she will not receive a\nballot.\n  (b) Upon the proclamation of a special election by the governor or\notherwise pursuant to law, each board of elections shall, not later than\nthree days after the establishment of the date of such special election,\ntransmit by mail, facsimile transmission or electronic mail in\naccordance with the preferred method of transmission designated by the\nvoter pursuant to section 10-107 of this article, a federal write-in\nabsentee ballot to all military voters eligible to vote by military\nballot in such special election.\n  (c) Each board of elections which is served with a court order\nrestraining or enjoining the issuance of ballots in any election, other\nthan a special election, in which any military voter is entitled to\nreceive a ballot shall immediately notify the state board of elections\nof such fact and shall transmit in accordance with the preferred method\nof transmission designated by the voter, a federal write-in absentee\nballot to all military voters eligible to vote in such election.\n  (d) A military voter who has received a federal write-in absentee\nballot shall be entitled to receive a certified ballot notwithstanding\nthe prior transmission of a federal write-in absentee ballot to such\nvoter pursuant to paragraph (b) or (c) of this subdivision. Such\ncertified military ballot shall be sent by the board of elections in\naccordance with the preferred method of transmission designated by the\nvoter pursuant to section 10-107 of this article, or expedited mail if\nthe military voter has not expressed a preference to receive same by\nfacsimile transmission or electronic mail, and his or her request for a\nmilitary ballot was made at least thirty-two days before the election.\n  2. In the event that the board of elections of any county shall not\nmail or otherwise distribute ballots to the military voters of such\ncounty by the date required by this section, such board shall notify the\nstate board of elections in writing of the facts and reasons for such\nnon-compliance.\n  3. Thereafter, ballots shall be so distributed to persons whose names\nand military addresses are added to the registration poll ledgers as\nmilitary voters, except that the military ballots may be delivered by\nhand to military voters who personally file an application with the\nboard of elections of their county of residence. The military ballot\nshall be delivered to such military voter together with a ballot\nenvelope and a second envelope addressed to the appropriate board of\nelections on which is printed "Official Election Balloting Material--Via\nAir Mail".\n