N.Y. Elec. Law § 10-108

§ 10-108. Military voters; distribution of ballots to. 1. * (a)\nBallots for military voters shall be mailed or otherwise distributed by\nthe board of elections, in accordance with the preferred method of\ntransmission designated by the voter pursuant to section 10-107 of this\narticle, as soon as practicable but in any event not later than\nthirty-two days before a primary or general election; twenty-five days\nbefore a New York city community school board district or city of\nBuffalo school district election; fourteen days before a village\nelection conducted by the board of elections; and forty-five days before\na special election or presidential primary election. A voter who submits\na military ballot application shall be entitled to a military ballot\nthereafter for each subsequent election through and including the next\ntwo regularly scheduled general elections held in even numbered years,\nincluding any run-offs which may occur; provided, however, such\napplication shall not be valid for any election held within seven days\nafter its receipt. Ballots shall also be mailed to any qualified\nmilitary voter who is already registered and who requests such military\nballot from such board of elections in a letter, which is signed by the\nvoter and received by the board of elections not later than the seventh\nday before the election for which the ballot is requested and which\nstates the address where the voter is registered and the address to\nwhich the ballot is to be mailed. The board of elections shall enclose\nwith such ballot a form of application for military ballot. In the case\nof a primary election, the board shall deliver only the ballot of the\nparty with which the military voter is enrolled according to the\nmilitary voter's registration records. In the event a primary election\nis uncontested in the military voter's election district for all offices\nor positions except the party position of member of the ward, town, city\nor county committee, no ballot shall be delivered to such military voter\nfor such election; and the military voter shall be advised of the reason\nwhy he or she will not receive a ballot.\n * NB Effective until December 31, 2016\n * (a) Ballots for military voters shall be mailed or otherwise\ndistributed by the board of elections, in accordance with the preferred\nmethod of transmission designated by the voter pursuant to section\n10-107 of this article, as soon as practicable but in any event not\nlater than thirty-two days before a primary or general election;\ntwenty-five days before a New York city community school board district\nor city of Buffalo school district election; fourteen days before a\nvillage election conducted by the board of elections; and forty-five\ndays before a special election. A voter who submits a military ballot\napplication shall be entitled to a military ballot thereafter for each\nsubsequent election through and including the next two regularly\nscheduled general elections held in even numbered years, including any\nrun-offs which may occur; provided, however, such application shall not\nbe valid for any election held within seven days after its receipt.\nBallots shall also be mailed to any qualified military voter who is\nalready registered and who requests such military ballot from such board\nof elections in a letter, which is signed by the voter and received by\nthe board of elections not later than the seventh day before the\nelection for which the ballot is requested and which states the address\nwhere the voter is registered and the address to which the ballot is to\nbe mailed. The board of elections shall enclose with such ballot a form\nof application for military ballot. In the case of a primary election,\nthe board shall deliver only the ballot of the party with which the\nmilitary voter is enrolled according to the military voter's\nregistration records. In the event a primary election is uncontested in\nthe military voter's election district for all offices or positions\nexcept the party position of member of the ward, town, city or county\ncommittee, no ballot shall be delivered to such military voter for such\nelection; and the military voter shall be advised of the reason why he\nor she will not receive a ballot.\n * NB Effective December 31, 2016\n (b) Upon the proclamation of a special election by the governor or\notherwise pursuant to law, each board of elections shall, not later than\nthree days after the establishment of the date of such special election,\ntransmit by mail, facsimile transmission or electronic mail in\naccordance with the preferred method of transmission designated by the\nvoter pursuant to section 10-107 of this article, a federal write-in\nabsentee ballot to all military voters eligible to vote by military\nballot in such special election.\n (c) Each board of elections which is served with a court order\nrestraining or enjoining the issuance of ballots in any election, other\nthan a special election, in which any military voter is entitled to\nreceive a ballot shall immediately notify the state board of elections\nof such fact and shall transmit in accordance with the preferred method\nof transmission designated by the voter, a federal write-in absentee\nballot to all military voters eligible to vote in such election.\n (d) A military voter who has received a federal write-in absentee\nballot shall be entitled to receive a certified ballot notwithstanding\nthe prior transmission of a federal write-in absentee ballot to such\nvoter pursuant to paragraph (b) or (c) of this subdivision. Such\ncertified military ballot shall be sent by the board of elections in\naccordance with the preferred method of transmission designated by the\nvoter pursuant to section 10-107 of this article, or expedited mail if\nthe military voter has not expressed a preference to receive same by\nfacsimile transmission or electronic mail, and his or her request for a\nmilitary ballot was made at least thirty-two days before the election.\n 2. In the event that the board of elections of any county shall not\nmail or otherwise distribute ballots to the military voters of such\ncounty by the date required by this section, such board shall notify the\nstate board of elections in writing of the facts and reasons for such\nnon-compliance.\n 3. Thereafter, ballots shall be so distributed to persons whose names\nand military addresses are added to the registration poll ledgers as\nmilitary voters, except that the military ballots may be delivered by\nhand to military voters who personally file an application with the\nboard of elections of their county of residence. The military ballot\nshall be delivered to such military voter together with a ballot\nenvelope and a second envelope addressed to the appropriate board of\nelections on which is printed "Official Election Balloting Material--Via\nAir Mail".\n