N.Y. Election Law 10-125 – Military voters; prohibiting refusal to accept voter registration and military ballot applications, marked military ballots, and federal …
§ 10-125. Military voters; prohibiting refusal to accept voter registration and military ballot applications, marked military ballots, and federal write-in absentee ballots for failure to meet certain requirements. 1. A board of elections shall not refuse to accept and process any otherwise valid voter registration application or military ballot application (including the official post card form prescribed under section 101 of the Uniformed and Overseas Citizens Absentee Voting Act (42 USC 1973ff)) or marked military ballot submitted by mail or personally delivered, solely on the basis of the following:
Terms Used In N.Y. Election Law 10-125
- Appropriate board of elections: means the board of elections in whose jurisdiction the military voter resides as a qualified voter. See N.Y. Election Law 10-102
- Military ballot: means the ballot prepared, printed and supplied for use by the military voter for a general election, primary election or special election. See N.Y. Election Law 10-102
- Military voter: means a qualified voter of the state of New York who is in the actual military service, as defined in the preceding paragraph of this section, and by reason of such military service is absent from his election district of residence on the day of registration or election, or a voter who is discharged from such military service within thirty days of an election and the spouse, parent, child or dependent of such voter accompanying or being with him or her, if a qualified voter and a resident of the same election district. See N.Y. Election Law 10-102
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; or
(c) Restrictions on envelope type, including weight and size.
2. A board of elections shall not refuse to accept and process any otherwise valid federal write-in absentee ballot submitted in any manner by a military voter solely on the basis of the following:
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; or
(c) Restrictions on envelope type, including weight and size.
3. The state board of elections, in coordination with county boards of elections, shall develop a free access system by which a military voter may determine whether the military ballot of the military voter has been received by the appropriate board of elections.