N.Y. Elec. Law § 8-404
Absentee voting; hospitalized veterans, special provisions
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2016
As of January 1, 2015
§ 8-404. Absentee voting; hospitalized veterans, special provisions.\n1. After entering upon the registration records, the application for\nregistration of an inmate or patient of a veterans' administration\nhospital as to whom the medical superintendent or medical head of such\nhospital has attested that he expects that he will not be discharged\nprior to the day following the next general or special village, primary,\nspecial, general or New York city community school board district or\ncity of Buffalo school district election, and the application for\nregistration by the spouse, parent or child of such inmate or patient,\naccompanying or being with him or her, if a qualified voter and a\nresident of the same election district, the board of elections, without\nfurther investigation and without further application by the applicant,\nshall send to him at such hospital an absentee ballot and shall record\nin the signature column on the back of his permanent personal\nregistration poll record that such ballot has been sent.\n (a) Any voter who is duly registered and whose registration records\nare marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative"\nneed not thereafter make application for an absentee ballot. Sixty days\nbefore each election, the board of elections shall compile and send a\nlist to each veterans' administration hospital of all inmates and\npatients of veterans' administration hospitals who appear by the records\nof such board to be "hospitalized veterans" entitled to receive absentee\nballots at each such hospital pursuant to the provisions of this\nsection. Each veterans' administration hospital shall no later than\nfifteen days following the receipt of such list, return it with\nnotations made thereon showing whether the inmate or patient continues\nto be confined therein or has been discharged therefrom. Upon the\nreceipt of such returned list from each veterans' administration\nhospital with the proper notations showing that a "hospitalized veteran"\ncontinues to be confined in such hospital, the board of elections, by\nmail addressed to such "hospitalized veteran" at his last known hospital\naddress and by mail addressed to such "hospitalized veteran's relative"\nat his last known address shall send an absentee ballot for the ensuing\nelection to such "hospitalized veteran" and such "hospitalized veteran's\nrelative" an absentee ballot in the same manner as provided herein for a\nqualified voter entitled to an absentee ballot because of permanent\ndisability. The board shall record on the back of his registration poll\nrecord in the space reserved for his signature at such election, the\nfact that such ballot has been sent.\n (b) If the returned list from a veterans' administration hospital\ncontains a notation showing that a "hospitalized veteran" is no longer\nan inmate or patient at the veterans' administration hospital where he\nis recorded as staying, or if such letter containing an absentee voter's\nballot for a "hospitalized veteran" or a "hospitalized veterans'\nrelative" is returned by the post office as undeliverable, the board of\nelections shall ascertain whether the "hospitalized veteran" or\n"hospitalized veteran's relative" is residing at the address given on\nhis registration records as his permanent address. If he is residing\nthere, the board shall not send him any further absentee ballots unless\nhe applies therefor in the regular way. If he is not residing at the\nplace of residence given on his registration records but the board\nascertains that he has been transferred to another veterans'\nadministration hospital, the board shall cause a central board of\nregistration to make the necessary changes of temporary address on his\nregistration records and shall continue sending him absentee ballots at\nthe veterans' administration hospital where he is staying. If he is not\nresiding at the place of residence given on his registration records and\nthe board cannot ascertain that he has been transferred to another\nveterans' administration hospital, the board shall cancel his\nregistration. Whenever a registration is cancelled pursuant hereto\nnotice shall be mailed to the veteran or his relative at his permanent\nresidence address and last temporary address.\n 2. The board of elections shall furnish to each party county chairman\nin such county a list of the names and residence addresses of the\nhospitalized veterans and hospitalized veterans' relatives to whom\nabsentee ballots have been sent.\n 3. Such ballots shall be mailed, voted, returned, counted, and\ncanvassed as provided in this chapter for other absentee voters'\nballots.\n
§ 8-404. Absentee voting; hospitalized veterans, special provisions.\n1. After entering upon the registration records, the application for\nregistration of a resident or patient of a veterans health\nadministration hospital as to whom the medical superintendent or medical\nhead of such hospital has attested that he or she expects that he or she\nwill not be discharged prior to the day following the next general or\nspecial village, primary, special, general or New York city community\nschool board district or city of Buffalo school district election, and\nthe application for registration by the spouse, parent or child of such\nresident or patient, accompanying or being with him or her, if a\nqualified voter and a resident of the same election district, the board\nof elections, without further investigation and without further\napplication by the applicant, shall send to him or her at such hospital\nan absentee ballot and shall record in the signature column on the back\nof his or her permanent personal registration poll record that such\nballot has been sent.\n (a) Any voter who is duly registered and whose registration records\nare marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative"\nneed not thereafter make application for an absentee ballot. Sixty days\nbefore each election, the board of elections shall compile and send a\nlist to each veterans health administration hospital of all residents\nand patients of veterans health administration hospitals who appear by\nthe records of such board to be "hospitalized veterans" entitled to\nreceive absentee ballots at each such hospital pursuant to the\nprovisions of this section. Each veterans health administration hospital\nshall no later than fifteen days following the receipt of such list,\nreturn it with notations made thereon showing whether the resident or\npatient continues to be confined therein or has been discharged\ntherefrom. Upon the receipt of such returned list from each veterans\nhealth administration hospital with the proper notations showing that a\n"hospitalized veteran" continues to be confined in such hospital, the\nboard of elections, by mail addressed to such "hospitalized veteran" at\nhis or her last known hospital address and by mail addressed to such\n"hospitalized veteran's relative" at his or her last known address shall\nsend an absentee ballot for the ensuing election to such "hospitalized\nveteran" and such "hospitalized veteran's relative" an absentee ballot\nin the same manner as provided in this section for a qualified voter\nentitled to an absentee ballot because of permanent disability. The\nboard shall record on the back of his or her registration poll record in\nthe space reserved for his or her signature at such election, the fact\nthat such ballot has been sent.\n (b) If the returned list from a veterans' administration hospital\ncontains a notation showing that a "hospitalized veteran" is no longer a\nresident or patient at the veterans health administration hospital where\nhe or she is recorded as staying, or if such letter containing an\nabsentee voter's ballot for a "hospitalized veteran" or a "hospitalized\nveteran's relative" is returned by the post office as undeliverable, the\nboard of elections shall ascertain whether the "hospitalized veteran" or\n"hospitalized veteran's relative" is residing at the address given on\nhis or her registration records as his or her permanent address. If he\nor she is residing there, the board shall not send him or her any\nfurther absentee ballots unless he or she applies therefor in the\nregular way. If he or she is not residing at the place of residence\ngiven on his or her registration records but the board ascertains that\nhe or she has been transferred to another veterans health administration\nhospital, the board shall cause a central board of registration to make\nthe necessary changes of temporary address on his or her registration\nrecords and shall continue sending him or her absentee ballots at the\nveterans health administration hospital where he or she is staying. If\nhe or she is not residing at the place of residence given on his or her\nregistration records and the board cannot ascertain that he or she has\nbeen transferred to another veterans health administration hospital, the\nboard shall cancel his or her registration. Whenever a registration is\ncancelled pursuant to this paragraph notice shall be mailed to the\nveteran or his or her relative at his or her permanent residence address\nand last temporary address.\n 2. The board of elections shall furnish to each party county chairman\nin such county a list of the names and residence addresses of the\nhospitalized veterans and hospitalized veterans' relatives to whom\nabsentee ballots have been sent.\n 3. Such ballots shall be mailed, voted, returned, counted, and\ncanvassed as provided in this chapter for other absentee voters'\nballots.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.