§ 7-123 — Ballots; military voters

New York § 7-123

• Jurisdiction: New York
• Law ELN: Election
• Title 1: Form of Ballots
• Art. 7: Election Ballot

Text

§ 7-123. Ballots; military voters. 1. The state board of elections,\nafter conferring with federal authorities, if any, authorized to act,\nshall prescribe the form and cause to be printed by the appropriate\nboards of elections or otherwise sufficient ballots for military voters\nto be used at the election, subject to the following limitations:\n 2. The ballots for military voters shall be the same form as those to\nbe voted by absentee voters in the election district of the military\nvoter on election day. Any instructions that the state board of\nelections deems pertinent shall accompany such ballots but shall not be\naffixed thereto in any manner so as to leave any marks on such ballots\nnot found on absentee ballots.\n 3. There shall be three envelopes for each military absentee ballot\nissued when the military voter's preferred method of transmission is by\nmail: the inner affirmation envelope into which a voter places his or\nher voted ballot, the outer envelope which shall be addressed to the\nabsentee voter, and the mailing envelope which is addressed to the\ncounty board of elections. The board of elections shall furnish an inner\naffirmation envelope with each military ballot upon which envelope shall\nbe printed:\n BALLOT FOR MILITARY VOTER\n AFFIRMATION\n I swear or affirm that:\n (a) I am a member of the uniformed services or merchant marine on\nactive duty or an eligible spouse, parent, child or dependent of such a\nmember, and\n (b) I am a United States citizen, at least eighteen years of age (or\nwill be by the day of the election), eligible to vote in the requested\njurisdiction, and\n (c) I have neither been convicted of a felony or other disqualifying\noffense nor been adjudicated mentally incompetent, or if so, my voting\nrights have been reinstated, and\n (d) I am not registering, requesting a ballot, or voting in any other\njurisdiction in the United States, and\n (e) My signature and date below indicate when I completed this\ndocument, and\n (f) The information on this form is true and complete to the best of\nmy knowledge.\n I understand that a material misstatement of fact in the completion of\nthis document may constitute grounds for conviction of a crime.\nDate .......... 20....\n ................................\n Signature or mark of voter\n ................................\n Signature of Witness (required\n only if voter does not sign his\n or her own name)\n ................................\n Address of Witness\n 4. On the reverse side of the inner affirmation envelope shall be\nprinted:\n TO BE FILLED IN BY THE BOARD OF ELECTIONS:\n FOR..........ELECTION......... 20......\n County of................................................................\n Name of voter............................................................\n Voting residence (street and number, if any).............................\n City (or town) of..............Ward......................................\n Assembly District..............Election District.........................\n Party Enrollment (in case of primary election)...........................\n IMPORTANT TO MILITARY VOTER: YOU MUST SIGN THE AFFIRMATION ON THIS\nENVELOPE.\n 5. The information in subdivision four of this section shall be filled\nin by the board of elections prior to the mailing of any military ballot\nand envelopes if the military voter's preferred method of transmission\nwith the board of elections is by mail, or it may be filled in by the\nboard of elections upon the receipt of the returned military ballot and\nenvelope where the ballot and envelope have been transmitted to the\nmilitary voter other than by mail or in person.\n 6. The inner affirmation envelope, if delivered by mail or in person,\nshall be gummed and ready for sealing. Such envelope, or any created by\nthe military voter who has received his or her ballot by facsimile\ntransmission or electronic mail in accordance with the provisions of\nsubdivision seven of this section, shall have printed thereon, on the\nside opposite the affirmation, instructions as to the duties of the\nmilitary voter after the marking of the ballot. Such instructions shall\ninclude specific directions stating that the ballot must be returned in\nperson or mailed to the appropriate board of elections, when the outer\nenvelope must be postmarked, if mailed, and when such envelope, whether\nreturned in person or mailed, must reach such board of elections in\norder to be canvassed. Such inner affirmation envelope shall also\ninclude a direction that an application for a military ballot should not\nbe enclosed in the inner affirmation envelope containing such ballot.\n 7. If a military voter has designated a preference to receive his or\nher ballot by facsimile transmission or electronic mail pursuant to\nsection 10-107 of this chapter, the transmission of the military voter's\nballot shall include, together with all information and instructional\nmaterials that accompany ballot materials sent by the board of elections\nto other absentee voters, appropriate instructions as to the folding of\nsame so as to create an inner affirmation envelope containing all of the\ninformation set forth in subdivisions three, four and six of this\nsection.\n 8. Such inner affirmation envelope containing the military ballot\nshall be enclosed in an outer envelope, addressed to the appropriate\nboard of elections, and bearing on it the words "Official Election\nBallot--Via Air Mail". The outer envelope shall include specific\ndirections that if an original completed application for a military\nballot has not already been returned in person or mailed to the military\nvoter's board of elections, such application must be completed by the\nmilitary voter and returned in the outer envelope with the sealed inner\naffirmation envelope containing the military ballot within the time\nlimits for the receipt of the military ballot itself. Such envelope\nshall provide lines in the upper left corner for the military voter to\nwrite his or her name and complete military address.\n 9. The outer envelope addressed to the appropriate board of elections\nand the inner affirmation envelope which contains the ballot shall be\nmailed to the military voter in a third envelope on which is printed the\nwords "Official Election Ballot--Via Air Mail".\n 10. At the side opposite the address on the outer envelope, below the\ngummed seal, for a ballot delivered by mail or in person, or below the\nflap for a ballot transmitted to the military voter by facsimile\ntransmission or electronic mail, shall be printed:\nThis ballot was mailed on _________ which is not later than the\n (date)\nday before the election.\n_______________ _____________\nSigned (Witness) Date\n 11. If the military voter's preferred method of transmission is\nfacsimile transmission or electronic mail, the electronic transmittal of\nthe military voter's ballot materials shall include appropriate\ninstructions as to the folding of same so as to create an outer envelope\ncontaining all of the information set forth in subdivisions eight and\nten of this section.\n