2023 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;  twenty-five  days
before  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; forty-five days before a
special election; and twenty-three days before a special  election  held
pursuant to paragraph b of subdivision three of section forty-two of the
public  officers  law. 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".