§ 10-106 — Military voters; registration and application for ballots

New York § 10-106

• Jurisdiction: New York
• Law ELN: Election
• Art. 10: Voting By Members of Armed Forces

Text

§ 10-106. Military voters; registration and application for ballots.\n1. On or before the thirty-fifth day preceding an election the names\nand addresses of all military voters who have filed applications for\nmilitary ballots by such day and who were not already registered shall\nbe registered by the board of elections in the election district of\nresidence of such military voter as hereinafter provided.\n 2. Such board of elections shall cause such military voter to be\nregistered in the manner provided by this chapter, and in the space\ndesignated "other remarks" shall be entered the military address of such\nvoter or such military address shall be entered into the computer files\nfrom which the computer generated registration list is prepared. Such\nregistration poll records shall be stamped or marked conspicuously with\nthe legend "Military Voter" or the records of such military voters in\nsuch computer files shall be coded in a manner which distinguishes such\nvoters from the other voters in such files. The foregoing provisions of\nthis subdivision as to entry of the military address may be altered by\nthe state board of elections to such extent as may be necessary to the\nsecurity and safety of the United States. A military voter shall not be\nrequired to register personally. An application for a military ballot\nshall constitute permanent personal registration and a military voter\nshall be deemed registered under the rules and regulations prevailing\nunder permanent personal registration upon the filing of his application\nand the entering of his name in the appropriate registration records.\n 3. (a) In addition to any other method of registering to vote or of\napplying for a military ballot, a military voter may request a voter\nregistration application or military ballot application by facsimile\ntransmission to the board of elections or pursuant to the Uniformed and\nOverseas Citizens Absentee Voting Act or by electronic mail. When making\nsuch a request, the military voter may designate a preference for\ntransmission of such voter registration application and military ballot\napplication pursuant to section 10-107 of this article.\n (b) The military ballot application shall allow the military voter to\ndesignate a preference for transmission of the military ballot pursuant\nto section 10-107 of this article.\n (c) The procedures for receiving documents from and transmitting\ndocuments to a military voter shall, to the extent practicable, protect\nthe security and integrity of the military voter registration and\nmilitary ballot application request process and protect the privacy of\nthe military voter, including the voter's identity and other personal\ndata. Nothing in this paragraph shall limit the information that may be\nobtained pursuant to section 3-220 of this chapter.\n 4. Not earlier than the ninetieth or later than the seventy-fifth day\nbefore each general election, each county or city board of elections\nshall send, in accordance with the preferred method of transmission\ndesignated by the voter pursuant to section 10-107 of this article, to\neach person who is registered as a military voter and to every other\nmilitary voter in such county or city for whom it has a military\naddress, an application for a military ballot for such general election\nin a form prescribed by the state board of elections, which shall\ninclude a place for such military voter to enroll in a party, and shall\ninclude the return address of such board of elections.\n 5. The state board of elections shall forward to the appropriate board\nof elections all applications for military ballots received by it. An\napplication from a military voter not previously registered must be\nreceived by the appropriate board of elections not later than ten days\nbefore a general, primary, or special election in order to entitle the\napplicant to vote at such election. An application from a military voter\nwho is already registered must be received at least seven days before an\nelection in order to entitle the applicant to vote at such election;\nexcept that an application from such a military voter who delivers their\napplication to the board of elections in person, must be received not\nlater than the day before the election.\n 6. The board of elections shall immediately add to such registration\nrecords the name and residence and military address of every military\nvoter, who was not previously registered, pursuant to this chapter, from\nwhom it receives a valid application for a military ballot. If a valid\napplication for a military ballot is received by a board of elections\nfrom a person already registered, other than as a military voter, from\nthe residence address set forth in such application, such board shall\nmark the registration records of such voter in the same manner as the\nregistration records of other military voters.\n 7. The board of elections in each year shall cause a list of names,\nresidence addresses and, for a primary election, party enrollments of\nmilitary voters appearing on such registration poll records to be\nprepared not later than seven days preceding an election. One copy shall\nbe kept at the office of the board of elections for public inspection.\nThe board shall transmit one copy to the chairman of each political\nparty in the county, upon written request.\n 7-a. If a federal post card application form is received from a person\nwho is qualified to vote as a military voter but who has not previously\nregistered pursuant to the provisions of this article, such federal post\ncard application form shall be treated in all respects as an application\nfor registration and enrollment as a military voter and for a military\nballot pursuant to the provisions of this article. If such a federal\npost card application form is received from a person already registered\nas a military voter pursuant to the provisions of this article, such\napplication shall be treated in all respects as an application for a\nmilitary ballot pursuant to the provisions of this article.\n 8. If the board of elections denies the application of a person in\nmilitary service to register to vote or to receive a military ballot,\nsuch board of elections shall immediately send the applicant a written\nexplanation for such denial.\n 10. A qualified voter who shall have been inducted into or who shall\nhave enlisted in the military service and who shall not have taken his\noath of allegiance prior to thirty days preceding a general or special\nelection, or the spouse, parent or child residing in the same election\ndistrict as, and accompanying such voter, may register before the board\nof elections of his county of residence, on or before the tenth day\npreceding such election, provided he shall, on or before the day of such\nelection, actually be in the military service. Such voter shall then\nreceive a military ballot. Such registration record shall be stamped\nwith the legend "military voter".\n 11. A board of elections may send to any spouse, parent, or adult\nchild, brother or sister of a military voter serving inside or outside\nof the continental limits of the United States, an application for a\nmilitary ballot, in a form prescribed by the state board of elections.\nSuch application shall be on a postcard addressed to the appropriate\nboard of elections and shall include the statement "I understand that\nthis application will be accepted for all purposes as the equivalent of\nan affidavit and, if it contains a material false statement, shall\nsubject me to the same penalties as if I had been duly sworn". Such\napplication may be signed by the spouse, parent or adult child, brother\nor sister of such military voter. Upon receipt of such an application\nfrom such a relative of a military voter, the board of elections shall\nmail a military ballot to such military voter together with an\napplication for a military ballot and instructions that such application\nmust be completed and returned together with the envelope containing the\nmilitary ballot. No ballot sent to a military voter upon the application\nof a relative of such military voter shall be cast or canvassed unless a\ncompleted application for military ballot signed by such military voter\nis returned within the time limits for the receipt of the military\nballot itself.\n 12. If the board of elections receives notice from a military voter\nthat such voter has left the military service and is residing at his\nresidence address, such board shall cross out or otherwise obliterate\nthe "Military Voter" legend on such voter's registration records and\nthereafter treat such records in the manner provided by this chapter for\nregularly registered voters.\n