2023 New York Laws › ELN - Election › Article 7 - Election Ballot › Title 1 - Form of Ballots › 7-123 - Ballots; Military Voters.

§  7-123.  Ballots;  military voters. 1. The state board of elections,
after conferring with federal authorities, if any,  authorized  to  act,
shall  prescribe  the  form  and  cause to be printed by the appropriate
boards of elections or otherwise sufficient ballots for military  voters
to be used at the election, subject to the following limitations:
2. The  ballots for military voters shall be the same form as those to
be voted by absentee voters in the election  district  of  the  military
voter  on  election  day.  Any  instructions  that  the  state  board of
elections deems pertinent shall accompany such ballots but shall not  be
affixed  thereto  in any manner so as to leave any marks on such ballots
not found on absentee ballots.
3. There shall be three envelopes for each  military  absentee  ballot
issued  when the military voter's preferred method of transmission is 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 military ballot upon which envelope shall
be printed:
BALLOT FOR MILITARY VOTER
AFFIRMATION
I swear or affirm that:
(a)  I  am  a  member  of the uniformed services or merchant marine on
active duty or an eligible spouse, parent, child or dependent of such  a
member, and
(b)  I  am a United States citizen, 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 registering, requesting a ballot, or voting 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
4. On the reverse side of the  inner  affirmation  envelope  shall  be
printed:
TO BE FILLED IN BY THE BOARD OF ELECTIONS:
FOR..........ELECTION......... 20......
County of................................................................
Name of voter............................................................
Voting residence (street and number, if any).............................
City (or town) of..............Ward......................................
Assembly District..............Election District.........................
Party Enrollment (in case of primary election)...........................
IMPORTANT  TO  MILITARY  VOTER:  YOU MUST SIGN THE AFFIRMATION ON THIS
ENVELOPE.
5. The information in subdivision four of this section shall be filled
in by the board of elections prior to the mailing of any military ballot
and envelopes if the military 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 the receipt of the returned military ballot  and
envelope  where  the  ballot  and  envelope have been transmitted to the
military voter other than by mail or in person.
6. 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 military voter who has received  his  or  her  ballot  by  facsimile
transmission  or  electronic  mail  in accordance with the provisions of
subdivision seven of this section, shall have printed  thereon,  on  the
side  opposite  the  affirmation,  instructions  as to the duties of the
military 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 military ballot should not
be enclosed in the inner affirmation envelope containing such ballot.
7. If a military voter has designated a preference to receive  his  or
her  ballot  by  facsimile  transmission  or electronic mail pursuant to
section 10-107 of this chapter, the transmission of the military 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 inner affirmation envelope containing all of the
information set forth in  subdivisions  three,  four  and  six  of  this
section.
8. Such  inner  affirmation  envelope  containing  the military 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 military
ballot has not already been returned in person or mailed to the military
voter's board of elections, such application must be  completed  by  the
military  voter and returned in the outer envelope with the sealed inner
affirmation envelope containing the  military  ballot  within  the  time
limits  for  the  receipt  of  the military ballot itself. Such envelope
shall provide lines in the upper left corner for the military  voter  to
write his or her name and complete military address.
9. The  outer envelope addressed to the appropriate board of elections
and the inner affirmation envelope which contains the  ballot  shall  be
mailed to the military voter in a third envelope on which is printed the
words "Official Election Ballot--Via Air Mail".
10. At  the side opposite the address on the outer envelope, below the
gummed seal, for a ballot delivered by mail or in person, or  below  the

flap  for  a  ballot  transmitted  to  the  military  voter by facsimile
transmission or electronic mail, shall be printed:
 
This ballot was mailed on _________ which is not later than the
(date)
day before the election.
 
_______________               _____________
Signed (Witness)                  Date
11.  If  the  military  voter's  preferred  method  of transmission is
facsimile transmission or electronic mail, the electronic transmittal of
the  military  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 subdivisions eight and
ten of this section.