Section 7-123. Ballots; military voters

1. The state board of elections,
  after conferring with federal authorities, if any,  authorized  to  act,
  shall  prescribe  the  form  and  cause to be printed by the appropriate
  boards of elections or otherwise sufficient ballots for military  voters
  to be used at the election, subject to the following limitations:
    2. The  ballots for military voters shall be the same form as those to
  be voted by absentee voters in the election  district  of  the  military
  voter  on  election  day.  Any  instructions  that  the  state  board of
  elections deems pertinent shall accompany such ballots but shall not  be
  affixed  thereto  in any manner so as to leave any marks on such ballots
  not found on absentee ballots.
    3. Each ballot shall be furnished with a ballot  envelope  upon  which
  shall be printed:
 
                          BALLOT FOR MILITARY VOTER
                                  STATEMENT
 
  I do state (or affirm) that I am (MUST CHECK ONE)
 
  (a) in the actual military service of the State of New
      York, or of the United States ................................... []
 
  (b) the spouse ...................................................... []
 
  (c) parent .......................................................... []
 
  (d) child ........................................................... []
 
  of a voter in the actual military service of the State of New York or of
  the  United States, accompanying or being with such voter and a resident
  of the same election district; that I am a citizen of the United States;
  that on the date of the election for which this ballot is voted  I  will
  be  at  least  eighteen years of age and immediately preceding said date
  will have been a resident of the county, city  or  village  in  which  I
  offer  my  vote  for thirty days, that I have not voted any other ballot
  for any candidate from any address other than hereinafter set forth; and
  that I have not committed any act, nor am I under any  impediment  which
  denies me the right to vote.
 
  My voting residence in the State of New York is:
  Street and Number, or R.F.D. ...........................................
  City, Village or Town ..................................................
  County .................................................................
    I  hereby  declare, that the foregoing is a true statement to the best
  of my knowledge and belief, and I understand that if I make any material
  false statement in the foregoing statement of military voter, I shall be
  guilty of a misdemeanor.
 
  Date .......... 20....
                                          ................................
                                           Signature or mark of voter
                                          ................................
                                           Signature of Witness (required
                                           only if voter does not sign his
                                           own name)
                                          ................................
                                           Address of Witness

    4.   On the  reverse  side  of  the  ballot  envelope  containing  the
  statement of military voter shall be printed:
 
                 TO BE FILLED IN BY THE BOARD OF ELECTIONS:
 
    County of................................................................
    Name of voter............................................................
    Voting residence (street and number, if any).............................
    City (or town) of..............Ward......................................
    Assembly District..............Election District.........................
    Party Enrollment (in case of primary election)...........................
 
    IMPORTANT  TO MILITARY VOTER: Be sure to indicate in (a), (b), (c), or
  (d), whether you are a serviceman or the spouse, parent or  child  of  a
  serviceman  in the statement before you sign your name at the end of the
  statement. YOU MUST SIGN THE STATEMENT  ON  THE  REVERSE  SIDE  OF  THIS
  ENVELOPE.
    4-a. The  envelope  shall be gummed, ready for sealing, and shall have
  printed thereon, on the side opposite the statement, instructions as  to
  the  duties of the military voter after the marking of the ballot, which
  instructions  shall  include  a  specific  direction  stating  that  the
  envelope  must  be  mailed  to  the appropriate board of elections and a
  specific direction stating when such envelope  must  be  postmarked  and
  when  such  envelope  must  reach such board of elections in order to be
  canvassed.  Such  envelope  shall  also  include  a  direction  that  an
  application for military ballot should not be enclosed in such envelope.
    4-b.  Notwithstanding  any inconsistent provision of law, the standard
  affirmation prescribed by the presidential designee under the  uniformed
  and  overseas  citizens  absentee  voting  act affirming that a material
  misstatement of fact may constitute a violation of law shall be used  on
  any  forms  and  envelopes  requiring  such an affirmation by a voter to
  which such act applies.
    5. Such ballot envelope and military ballot shall  be  enclosed  in  a
  second  envelope  addressed  to  the appropriate board of elections, and
  bearing on it the words "Official Election Ballot--Via Air Mail", and  a
  specific  direction  that  if  an  application  for a military ballot is
  received with such military ballot, such application must  be  completed
  by  the  military  voter and returned in such envelope together with the
  envelope containing the military ballot.  Such  envelope  shall  provide
  lines  in the upper left corner for the military voter to write his name
  and complete military address.
    6. The second envelope addressed to the appropriate board of elections
  and the envelope which contains  the  ballot  shall  be  mailed  to  the
  military  voter  in  a  third  envelope  on  which  is printed the words
  "Official Election Ballot--Via Air Mail".
    7. At the side opposite the address on the second envelope, below  the
  gummed seal shall be printed:
 
  This ballot was mailed on _________ which is not later than the
                             (date)
  day before the election.
 
  _______________               _____________
  Signed (Witness)                  Date