NY Elec L § 10-106 (2021)
2021 New York Laws ELN - Election Article 10 - Voting by Members of Armed Forces 10-106 - Military Voters; Registration and Application for Ballots.

§  10-106.  Military voters; registration and application for ballots. 1.  On or before the thirty-fifth day preceding an  election  the  names and  addresses  of  all  military voters who have filed applications for military ballots by such day and who were not already  registered  shall be  registered  by  the  board  of elections in the election district of residence of such military voter as hereinafter provided.   2. Such board of elections shall  cause  such  military  voter  to  be registered  in  the  manner  provided  by this chapter, and in the space designated "other remarks" shall be entered the military address of such voter or such military address shall be entered into the computer  files from  which  the  computer generated registration list is prepared. Such registration poll records shall be stamped or marked conspicuously  with the  legend  "Military  Voter" or the records of such military voters in such computer files shall be coded in a manner which distinguishes  such voters  from the other voters in such files. The foregoing provisions of this subdivision as to entry of the military address may be  altered  by the  state  board of elections to such extent as may be necessary to the security and safety of the United States. A military voter shall not  be required  to  register  personally. An application for a military ballot shall constitute permanent personal registration and  a  military  voter shall  be  deemed  registered under the rules and regulations prevailing under permanent personal registration upon the filing of his application and the entering of his name in the appropriate registration records.   3. (a) In addition to any other method of registering to  vote  or  of applying  for  a  military  ballot, a military voter may request a voter registration application or military  ballot  application  by  facsimile transmission  to the board of elections or pursuant to the Uniformed and Overseas Citizens Absentee Voting Act or by electronic mail. When making such a request, the  military  voter  may  designate  a  preference  for transmission  of such voter registration application and military ballot application pursuant to section 10-107 of this article.  (b) The military ballot application shall allow the military voter  to designate  a preference for transmission of the military ballot pursuant to section 10-107 of this article.  (c) The procedures  for  receiving  documents  from  and  transmitting documents  to a military voter shall, to the extent practicable, protect the security and  integrity  of  the  military  voter  registration  and military  ballot  application request process and protect the privacy of the military voter, including the voter's identity  and  other  personal data.  Nothing in this paragraph shall limit the information that may be obtained pursuant to section 3-220 of this chapter.   4. Not earlier than the ninetieth or later than the seventy-fifth  day before  each  general  election,  each county or city board of elections shall send, in accordance with  the  preferred  method  of  transmission designated  by  the voter pursuant to section 10-107 of this article, to each person who is registered as a military voter  and  to  every  other military  voter  in  such  county  or  city  for  whom it has a military address, an application for a military ballot for such general  election in  a  form  prescribed  by  the  state  board of elections, which shall include a place for such military voter to enroll in a party, and  shall include the return address of such board of elections.   5. The state board of elections shall forward to the appropriate board of  elections  all  applications for military ballots received by it. An application from a military voter  not  previously  registered  must  be received  by  the appropriate board of elections not later than ten days before a general or  special  election  or  twenty-five  days  before  a primary  election  in  order  to  entitle  the applicant to vote at such election. An application from a military voter who is already registered  must be received at least seven days before  an  election  in  order  to entitle  the  applicant  to  vote  at  such  election;  except  that  an application from such a military voter who delivers his  application  to the  board  of  elections in person, must be received not later than the day before the election.   6. The board of elections shall immediately add to  such  registration records  the  name  and residence and military address of every military voter, who was not previously registered, pursuant to this chapter, from whom it receives a valid application for a military ballot. If  a  valid application  for  a  military ballot is received by a board of elections from a person already registered, other than as a military  voter,  from the  residence  address  set forth in such application, such board shall mark the registration records of such voter in the same  manner  as  the registration records of other military voters.   7.  The  board  of elections in each year shall cause a list of names, residence addresses and, for a primary election,  party  enrollments  of military  voters  appearing  on  such  registration  poll  records to be prepared not later than seven days preceding an election. One copy shall be kept at the office of the board of elections for  public  inspection. The  board  shall  transmit  one  copy to the chairman of each political party in the county, upon written request.   7-a. If a federal post card application form is received from a person who is qualified to vote as a military voter but who has not  previously registered pursuant to the provisions of this article, such federal post card application form shall be treated in all respects as an application for  registration  and enrollment as a military voter and for a military ballot pursuant to the provisions of this article.  If  such  a  federal post  card application form is received from a person already registered as a military voter pursuant to the provisions  of  this  article,  such application  shall  be  treated  in all respects as an application for a military ballot pursuant to the provisions of this article.   8. If the board of elections denies the application  of  a  person  in military  service  to  register to vote or to receive a military ballot, such board of elections shall immediately send the applicant  a  written explanation for such denial.   10.  A  qualified voter who shall have been inducted into or who shall have enlisted in the military service and who shall not have  taken  his oath  of  allegiance prior to thirty days preceding a general or special election, or the spouse, parent or child residing in the  same  election district  as, and accompanying such voter, may register before the board of elections of his county of residence, on  or  before  the  tenth  day preceding such election, provided he shall, on or before the day of such election,  actually  be  in  the military service. Such voter shall then receive a military ballot. Such registration  record  shall  be  stamped with the legend "military voter".   11.  A  board  of  elections  may send to any spouse, parent, or adult child, brother or sister of a military voter serving inside  or  outside of  the  continental  limits  of the United States, an application for a military ballot, in a form prescribed by the state board  of  elections. Such  application  shall  be  on a postcard addressed to the appropriate board of elections and shall include the statement  "I  understand  that this  application will be accepted for all purposes as the equivalent of an affidavit and, if it  contains  a  material  false  statement,  shall subject  me  to  the  same  penalties as if I had been duly sworn". Such application may be signed by the spouse, parent or adult child,  brother or  sister  of  such military voter. Upon receipt of such an application from such a relative of a military voter, the board of  elections  shall mail  a  military  ballot  to  such  military  voter  together  with  an  application for a military ballot and instructions that such application must be completed and returned together with the envelope containing the military ballot. No ballot sent to a military voter upon the application of a relative of such military voter shall be cast or canvassed unless a completed  application for military ballot signed by such military voter is returned within the time limits  for  the  receipt  of  the  military ballot itself.   12.  If  the  board of elections receives notice from a military voter that such voter has left the military service and  is  residing  at  his residence  address,  such  board shall cross out or otherwise obliterate the "Military Voter" legend on such  voter's  registration  records  and thereafter treat such records in the manner provided by this chapter for regularly registered voters.