2019 New York Laws
ELN - Election
Article 8 - Conduct of Elections
Title 4 - Absentee Voting
8-404 - Absentee Voting; Hospitalized Veterans, Special Provisions.

§  8-404.  Absentee voting; hospitalized veterans, special provisions.
1. After entering upon the registration  records,  the  application  for
registration   of   a   resident   or   patient  of  a  veterans  health
administration hospital as to whom the medical superintendent or medical
head of such hospital has attested that he or she expects that he or she
will not be discharged prior to the day following the  next  general  or
special  village,  primary,  special, general or New York city community
school board district or city of Buffalo school district  election,  and
the  application for registration by the spouse, parent or child of such
resident or patient, accompanying  or  being  with  him  or  her,  if  a
qualified  voter and a resident of the same election district, the board
of  elections,  without  further  investigation  and   without   further
application  by the applicant, shall send to him or her at such hospital
an absentee ballot and shall record in the signature column on the  back
of  his  or  her  permanent  personal registration poll record that such
ballot has been sent.
  (a) Any voter who is duly registered and  whose  registration  records
are  marked  "Hospitalized Veteran" or "Hospitalized Veteran's Relative"
need not thereafter make application for an absentee ballot. Sixty  days
before  each  election,  the board of elections shall compile and send a
list to each veterans health administration hospital  of  all  residents
and  patients  of veterans health administration hospitals who appear by
the records of such board to  be  "hospitalized  veterans"  entitled  to
receive   absentee  ballots  at  each  such  hospital  pursuant  to  the
provisions of this section. Each veterans health administration hospital
shall no later than fifteen days following the  receipt  of  such  list,
return  it  with  notations made thereon showing whether the resident or
patient  continues  to  be  confined  therein  or  has  been  discharged
therefrom.  Upon  the  receipt  of such returned list from each veterans
health administration hospital with the proper notations showing that  a
"hospitalized  veteran"  continues  to be confined in such hospital, the
board of elections, by mail addressed to such "hospitalized veteran"  at
his  or  her  last  known hospital address and by mail addressed to such
"hospitalized veteran's relative" at his or her last known address shall
send an absentee ballot for the ensuing election to  such  "hospitalized
veteran"  and  such "hospitalized veteran's relative" an absentee ballot
in the same manner as provided in this section  for  a  qualified  voter
entitled  to  an  absentee  ballot  because of permanent disability. The
board shall record on the back of his or her registration poll record in
the space reserved for his or her signature at such election,  the  fact
that such ballot has been sent.
  (b)  If  the  returned  list  from a veterans' administration hospital
contains a notation showing that a "hospitalized veteran" is no longer a
resident or patient at the veterans health administration hospital where
he or she is recorded as  staying,  or  if  such  letter  containing  an
absentee  voter's ballot for a "hospitalized veteran" or a "hospitalized
veteran's relative" is returned by the post office as undeliverable, the
board of elections shall ascertain whether the "hospitalized veteran" or
"hospitalized veteran's relative" is residing at the  address  given  on
his  or  her registration records as his or her permanent address. If he
or she is residing there, the board  shall  not  send  him  or  her  any
further  absentee  ballots  unless  he  or  she  applies therefor in the
regular way. If he or she is not residing  at  the  place  of  residence
given  on  his or her registration records but the board ascertains that
he or she has been transferred to another veterans health administration
hospital, the board shall cause a central board of registration to  make
the  necessary  changes  of temporary address on his or her registration
records and shall continue sending him or her absentee  ballots  at  the

veterans  health  administration hospital where he or she is staying. If
he or she is not residing at the place of residence given on his or  her
registration  records  and the board cannot ascertain that he or she has
been transferred to another veterans health administration hospital, the
board  shall  cancel his or her registration. Whenever a registration is
cancelled pursuant to this paragraph  notice  shall  be  mailed  to  the
veteran or his or her relative at his or her permanent residence address
and last temporary address.
  2.  The board of elections shall furnish to each party county chairman
in such county a list of  the  names  and  residence  addresses  of  the
hospitalized  veterans  and  hospitalized  veterans'  relatives  to whom
absentee ballots have been sent.
  3. Such  ballots  shall  be  mailed,  voted,  returned,  counted,  and
canvassed  as  provided  in  this  chapter  for  other  absentee voters'
ballots.