2019 New York Laws
ELN - Election
Article 10 - Voting by Members of Armed Forces
10-108 - Military Voters; Distribution of Ballots To.

§  10-108. Military voters; distribution of ballots to. 1. (a) Ballots
for military voters shall be mailed  or  otherwise  distributed  by  the
board   of  elections,  in  accordance  with  the  preferred  method  of
transmission designated by the voter pursuant to section 10-107 of  this
article,  as  soon  as  practicable  but  in  any  event  not later than
forty-six days before a primary or general  election  a  New  York  city
community  school  board  district  or  city  of Buffalo school district
election; fourteen days before a village election conducted by the board
of elections; and forty-five days before a special election. A voter who
submits a military ballot application shall be entitled  to  a  military
ballot thereafter for each subsequent election through and including the
next  two  regularly  scheduled  general elections held in even numbered
years, including any run-offs which may occur; provided,  however,  such
application  shall  not be valid for any election held within seven days
after its receipt.  Ballots  shall  also  be  mailed  to  any  qualified
military  voter who is already registered and who requests such military
ballot from such board of elections in a letter, which is signed by  the
voter  and received by the board of elections not later than the seventh
day before the election for which the  ballot  is  requested  and  which
states  the  address  where  the  voter is registered and the address to
which the ballot is to be mailed. The board of elections  shall  enclose
with  such ballot a form of application for military ballot. In the case
of a primary election, the board shall deliver only the  ballot  of  the
party  with  which  the  military  voter  is  enrolled  according to the
military voter's registration records. In the event a  primary  election
is uncontested in the military voter's election district for all offices
or positions except the party position of member of the ward, town, city
or county committee, no ballot shall be delivered to such military voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.
  (b)  Upon  the  proclamation  of a special election by the governor or
otherwise pursuant to law, each board of elections shall, not later than
three days after the establishment of the date of such special election,
transmit  by  mail,  facsimile  transmission  or  electronic   mail   in
accordance  with  the preferred method of transmission designated by the
voter pursuant to section 10-107 of this  article,  a  federal  write-in
absentee  ballot  to  all  military  voters eligible to vote by military
ballot in such special election.
  (c) Each board of  elections  which  is  served  with  a  court  order
restraining  or enjoining the issuance of ballots in any election, other
than a special election, in which any  military  voter  is  entitled  to
receive  a  ballot shall immediately notify the state board of elections
of such fact and shall transmit in accordance with the preferred  method
of  transmission  designated  by  the voter, a federal write-in absentee
ballot to all military voters eligible to vote in such election.
  (d) A military voter who has  received  a  federal  write-in  absentee
ballot  shall  be entitled to receive a certified ballot notwithstanding
the prior transmission of a federal write-in  absentee  ballot  to  such
voter  pursuant  to  paragraph  (b)  or  (c)  of  this subdivision. Such
certified military ballot shall be sent by the  board  of  elections  in
accordance  with  the preferred method of transmission designated by the
voter pursuant to section 10-107 of this article, or expedited  mail  if
the  military  voter  has  not expressed a preference to receive same by
facsimile transmission or electronic mail, and his or her request for  a
military ballot was made at least thirty-two days before the election.
  2.  In  the  event that the board of elections of any county shall not
mail or otherwise distribute ballots to  the  military  voters  of  such
county by the date required by this section, such board shall notify the

state  board  of  elections in writing of the facts and reasons for such
non-compliance.
  3.  Thereafter, ballots shall be so distributed to persons whose names
and military addresses are added to the  registration  poll  ledgers  as
military  voters,  except  that the military ballots may be delivered by
hand to military voters who personally  file  an  application  with  the
board  of  elections  of  their county of residence. The military ballot
shall be delivered  to  such  military  voter  together  with  a  ballot
envelope  and  a  second  envelope addressed to the appropriate board of
elections on which is printed "Official Election Balloting Material--Via
Air Mail".