NY Elec L § 10-108 (2021)
2021 New York Laws ELN - Election Article 10 - Voting by Members of Armed Forces 10-108 - Military Voters; Distribution of Ballots To.

§  10-108. Military voters; distribution of ballots to. 1. (a) Ballots for military voters shall be mailed  or  otherwise  distributed  by  the board   of  elections,  in  accordance  with  the  preferred  method  of transmission designated by the voter pursuant to section 10-107 of  this article,  as  soon  as  practicable  but  in  any  event  not later than forty-six days before a primary or general  election  a  New  York  city community  school  board  district  or  city  of Buffalo school district election; fourteen days before a village election conducted by the board of elections; and forty-five days before a special election. A voter who submits a military ballot application shall be entitled  to  a  military ballot thereafter for each subsequent election through and including the next  two  regularly  scheduled  general elections held in even numbered years, including any run-offs which may occur; provided,  however,  such application  shall  not be valid for any election held within seven days after its receipt.  Ballots  shall  also  be  mailed  to  any  qualified military  voter who is already registered and who requests such military 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  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 military ballot. In the case of a primary election, the board shall deliver only the  ballot  of  the party  with  which  the  military  voter  is  enrolled  according to the military voter's registration records. In the event a  primary  election is uncontested in the military voter's election district for all offices or positions except the party position of member of the ward, town, city or county committee, no ballot shall be delivered to such military voter for such election; and the military voter shall be advised of the reason why he or she will not receive a ballot.  (b)  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 10-107 of this  article,  a  federal  write-in absentee  ballot  to  all  military  voters eligible to vote by military ballot in such special election.  (c) 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  military  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 military voters eligible to vote in such election.  (d) A military 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  (b)  or  (c)  of  this subdivision. Such certified military ballot shall be sent by the  board  of  elections  in accordance  with  the preferred method of transmission designated by the voter pursuant to section 10-107 of this article, or expedited  mail  if the  military  voter  has  not expressed a preference to receive same by facsimile transmission or electronic mail, and his or her request for  a military ballot was made at least thirty-two days before the election.   2.  In  the  event that the board of elections of any county shall not mail or otherwise distribute ballots to  the  military  voters  of  such county by the date required by this section, such board shall notify the  state  board  of  elections in writing of the facts and reasons for such non-compliance.   3.  Thereafter, ballots shall be so distributed to persons whose names and military addresses are added to the  registration  poll  ledgers  as military  voters,  except  that the military ballots may be delivered by hand to military voters who personally  file  an  application  with  the board  of  elections  of  their county of residence. The military ballot shall be delivered  to  such  military  voter  together  with  a  ballot envelope  and  a  second  envelope addressed to the appropriate board of elections on which is printed "Official Election Balloting Material--Via Air Mail".