2006 New York Code - 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.
    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 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, on a
  postcard  bearing  the  return  address  of  such  board  of  elections;
  provided,  however, the county or city board of elections shall not send
  such an application to any person who has applied for a military  ballot
  and is entitled to receive such ballot for such election.
    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 or  special  election  or  twenty-five  days  before  a
  primary  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 his  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 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 received with such ballot.
    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.