Section 10-108. Military voters; distribution of ballots to  


Latest version.
  • 1. Ballots for
      military voters shall be mailed or otherwise distributed by the board of
      elections  thirty-two  days  before  a  primary  or  general   election;
      twenty-five  days before a New York city community school board district
      or city of Buffalo school district election; and fourteen days before  a
      village  election  conducted  by  the board of elections and twelve 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.
        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".