§ 7-124 — Ballots; special federal voters

New York § 7-124

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

Text

§ 7-124. Ballots; special federal voters. 1. The ballots for special\nfederal voters shall provide for voting for presidential and\nvice-presidential electors, United States senator, representative in\ncongress, and delegates and alternate delegates to a national convention\nonly and shall be in the form prescribed by this chapter for absentee\nballots, except that on either the front or the back of the ballot shall\nbe printed or stamped the words "Official Ballot--Special Federal\nVoter", provided, however, that at any election at which special federal\nvoters may vote for all the offices and positions on the ballot, no such\nseparate ballot shall be printed and the ballot for special federal\nvoters shall be the same as the ballot provided to absentee voters in\nsuch election.\n 2. There shall be three envelopes for each special federal absentee\nballot issued by mail: the inner affirmation envelope into which a voter\nplaces his or her voted ballot, the outer envelope which shall be\naddressed to the absentee voter, and the mailing envelope which is\naddressed to the county board of elections. The board of elections shall\nfurnish an inner affirmation envelope with each special federal ballot\nupon which envelope shall be printed:\n I swear or affirm that:\n (a) I am a United States citizen residing outside the United States,\nand\n (b) I am at least eighteen years of age (or will be by the day of the\nelection), eligible to vote in the requested jurisdiction, 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 qualified to register, request a ballot, or vote in any\nother jurisdiction 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 Signature or mark of voter\n .....................................\n Signature of Witness (required only\n if voter does not sign his or her own\n name)\n .....................................\n Address of Witness\n 3. On the reverse side of the inner affirmation envelope shall be\nprinted:\n TO BE FILLED IN BY THE BOARD OF ELECTIONS\nFOR..........ELECTION......... 20......\nName of voter ..........................................................\nResidence from which vote is being cast:\n Street and number ....................................................\n City or town .........................................................\n County ...............................................................\n Assembly District or Ward ............................................\n Election District ....................................................\n Party Enrollment (in case of primary election) .......................\n IMPORTANT TO SPECIAL FEDERAL VOTER: YOU MUST SIGN THE AFFIRMATION ON\nTHIS ENVELOPE.\n 4. The information in subdivision three of this section shall be\nfilled in by the board of elections prior to the mailing of any special\nfederal ballot and envelopes if the special federal voter's preferred\nmethod of transmission with the board of elections is by mail, or it may\nbe filled in by the board of elections upon receipt of the returned\nspecial federal ballot and envelope when the ballot and envelope have\nbeen transmitted to the special federal voter other than by mail or in\nperson.\n 5. 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 special federal voter whose ballot was delivered by facsimile\ntransmission or electronic mail in accordance with subdivision six of\nthis section, shall have printed thereon, on the side opposite the\naffirmation, instructions as to the duties of the voter after the\nmarking of the ballot. Such instructions shall include specific\ndirections stating that the ballot must be returned in person or mailed\nto the appropriate board of elections, when the outer envelope must be\npostmarked, if mailed, and when such envelope, whether returned in\nperson or mailed, must reach such board of elections in order to be\ncanvassed. Such inner affirmation envelope shall also include a\ndirection that an application for a special federal ballot should not be\nenclosed in the inner affirmation envelope containing such ballot.\n 6. If a special federal voter has designated a preference to receive\nhis or her ballot by facsimile transmission or electronic mail pursuant\nto section 11-203 of this chapter, the transmission of the special\nfederal voter's ballot shall include, together with all information and\ninstructional materials that accompany ballot materials sent by the\nboard of elections to other absentee voters, appropriate instructions as\nto the folding of same so as to create an envelope containing all of the\ninformation set forth in subdivisions two, three and five of this\nsection.\n 7. Such inner affirmation envelope containing the special federal\nballot shall be enclosed in an outer envelope addressed to the\nappropriate board of elections, and bearing on it the words "Official\nElection Ballot--Via Air Mail". The outer envelope shall include\nspecific directions that if an original completed application for a\nspecial federal ballot has not already been delivered or mailed to the\nspecial federal voter's board of elections, such application must be\ncompleted by the special federal voter and returned in the outer\nenvelope with the sealed inner affirmation envelope containing the\nspecial federal ballot within the time limits for the receipt of the\nspecial federal ballot itself. Such envelope shall provide lines in the\nupper left corner for the special federal voter to write his or her name\nand complete special federal address.\n 8. The outer envelope addressed to the appropriate board of elections\nand the inner affirmation envelope which contains the ballot shall be\nmailed to the special federal voter in a third envelope on which is\nprinted the words "Official Election Ballot--Via Air Mail".\n 9. If the special federal voter's preferred method of transmission is\nfacsimile transmission or electronic mail, the electronic transmittal of\nthe special federal 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 subdivision eight of this\nsection.\n