2023 New York Laws › ELN - Election › Article 7 - Election Ballot › Title 1 - Form of Ballots › 7-124 - Ballots; Special Federal Voters.

§  7-124.  Ballots; special federal voters. 1. The ballots for special
federal  voters  shall  provide  for   voting   for   presidential   and
vice-presidential  electors,  United  States  senator, representative in
congress, and delegates and alternate delegates to a national convention
only and shall be in the form prescribed by this  chapter  for  absentee
ballots, except that on either the front or the back of the ballot shall
be  printed  or  stamped  the  words  "Official  Ballot--Special Federal
Voter", provided, however, that at any election at which special federal
voters may vote for all the offices and positions on the ballot, no such
separate ballot shall be printed and  the  ballot  for  special  federal
voters  shall  be  the same as the ballot provided to absentee voters in
such election.
2. There shall be three envelopes for each  special  federal  absentee
ballot issued by mail: the inner affirmation envelope into which a voter
places  his  or  her  voted  ballot,  the  outer envelope which shall be
addressed to the absentee voter,  and  the  mailing  envelope  which  is
addressed to the county board of elections. The board of elections shall
furnish  an  inner affirmation envelope with each special federal ballot
upon which envelope shall be printed:
I swear or affirm that:
(a) I am a United States citizen residing outside the  United  States,
and
(b)  I am at least eighteen years of age (or will be by the day of the
election), eligible to vote in the requested jurisdiction, and
(c) I have neither been convicted of a felony or  other  disqualifying
offense  nor  been adjudicated mentally incompetent, or if so, my voting
rights have been reinstated, and
(d) I am not qualified to register, request a ballot, or vote  in  any
other jurisdiction in the United States, and
(e)  My  signature  and  date  below  indicate  when  I completed this
document, and
(f) The information on this form is true and complete to the  best  of
my knowledge.
I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.
 
Date.................20.....       .....................................
Signature or mark of voter
.....................................
Signature of Witness (required only
if voter does not sign his or her own
name)
.....................................
Address of Witness
3.  On  the  reverse  side  of the inner affirmation envelope shall be
printed:
TO BE FILLED IN BY THE BOARD OF ELECTIONS
 
FOR..........ELECTION......... 20......
 
Name of voter ..........................................................
Residence from which vote is being cast:
Street and number ....................................................
City or town .........................................................
County ...............................................................
Assembly District or Ward ............................................
Election District ....................................................
Party Enrollment (in case of primary election) .......................
IMPORTANT  TO  SPECIAL FEDERAL VOTER: YOU MUST SIGN THE AFFIRMATION ON
THIS ENVELOPE.
4. The information in subdivision  three  of  this  section  shall  be
filled  in by the board of elections prior to the mailing of any special
federal ballot and envelopes if the special  federal  voter's  preferred
method of transmission with the board of elections is by mail, or it may
be  filled  in  by  the  board of elections upon receipt of the returned
special federal ballot and envelope when the ballot  and  envelope  have
been  transmitted  to the special federal voter other than by mail or in
person.
5. The inner affirmation envelope, if delivered by mail or in  person,
shall  be gummed and ready for sealing. Such envelope, or any created by
the special federal  voter  whose  ballot  was  delivered  by  facsimile
transmission  or  electronic  mail in accordance with subdivision six of
this section, shall have printed  thereon,  on  the  side  opposite  the
affirmation,  instructions  as  to  the  duties  of  the voter after the
marking  of  the  ballot.  Such  instructions  shall  include   specific
directions  stating that the ballot must be returned in person or mailed
to the appropriate board of elections, when the outer envelope  must  be
postmarked,  if  mailed,  and  when  such  envelope, whether returned in
person or mailed, must reach such board of  elections  in  order  to  be
canvassed.   Such  inner  affirmation  envelope  shall  also  include  a
direction that an application for a special federal ballot should not be
enclosed in the inner affirmation envelope containing such ballot.
6. If a special federal voter has designated a preference  to  receive
his  or her ballot by facsimile transmission or electronic mail pursuant
to section 11-203 of this  chapter,  the  transmission  of  the  special
federal  voter's ballot shall include, together with all information and
instructional materials that accompany  ballot  materials  sent  by  the
board of elections to other absentee voters, appropriate instructions as
to the folding of same so as to create an envelope containing all of the
information  set  forth  in  subdivisions  two,  three  and five of this
section.
7. Such inner affirmation  envelope  containing  the  special  federal
ballot  shall  be  enclosed  in  an  outer  envelope  addressed  to  the
appropriate board of elections, and bearing on it  the  words  "Official
Election  Ballot--Via  Air  Mail".  The  outer  envelope  shall  include
specific directions that if an  original  completed  application  for  a
special  federal  ballot has not already been delivered or mailed to the
special federal voter's board of elections,  such  application  must  be
completed  by  the  special  federal  voter  and  returned  in the outer
envelope with the  sealed  inner  affirmation  envelope  containing  the
special  federal  ballot  within  the time limits for the receipt of the
special federal ballot itself. Such envelope shall provide lines in  the
upper left corner for the special federal voter to write his or her name
and complete special federal address.
8. The  outer envelope addressed to the appropriate board of elections
and the inner affirmation envelope which contains the  ballot  shall  be
mailed  to  the  special  federal  voter in a third envelope on which is
printed the words "Official Election Ballot--Via Air Mail".
9. If the special federal voter's preferred method of transmission  is
facsimile transmission or electronic mail, the electronic transmittal of
the  special  federal voter's ballot materials shall include appropriate

instructions as to the folding of same so as to create an outer envelope
containing all of the information set forth in subdivision eight of this
section.