2023 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, primary, or special 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 their
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.