N.Y. Election Law § 11-308: Special ballots for emergency responders

§ 11-308. Special ballots for emergency responders. 1. A registered

voter who serves as an emergency responder in times of emergency, as

declared by the governor or a court of competent jurisdiction, may apply

to the board of elections by letter or special application via mail,

facsimile or e-mail, for a special ballot. Such application or letter

may be delivered to the board of elections at any time prior to any

election, without regard to deadlines for the receipt of early mail or

absentee ballot applications.

2. Emergency responders may utilize an early mail or absentee ballot

application to request a special ballot, or may file a written statement

that he or she will be unable to appear at the polling place on the day

of an election because his or her duties as an emergency responder

require such voter to be elsewhere. The emergency responder shall

designate a preference for the receipt of a special ballot. The board of

elections shall provide such voter a special ballot immediately upon

such request, and shall utilize overnight express delivery for such mail

ballot delivery. If the designated preference is for facsimile or

electronic transmission, the ballot shall be furnished in the same

manner applicable to military voters who request ballots in such format.

3. Such cast ballots may be delivered to any office of any board of

elections in the state, or to any open poll site not later than the

close of the polls on election day.

4. Emergency responders shall receive assistance from any board of

elections in the state in relation to applying for, casting and return

delivery of a special ballot, including facsimile and electronic

transmission services, ballot envelope templates if necessary, and any

other component of the special ballot election process that will help

ensure the enfranchisement of such emergency responder.

5. Emergency responder special ballots received by boards of elections

from voters under the jurisdiction of another board of elections shall

be date and time-stamped and immediately forwarded to the voter's board

of elections. Such ballots shall be timely if the time stamp of the

first receiving board of elections is timely. Such ballots shall be cast

and canvassed pursuant to the provisions of section 9-209 of this

chapter and where an emergency responder's ballot and envelope is not

standard in appearance, it shall be cast and canvassed consistent with

the provisions of section 10-125 of this chapter.

6. For purposes of this section, "emergency responders" shall include

all persons called upon to provide emergency support, relief or other

services, in the response to natural disasters, acts of terrorism or

sabotage, fire, power failure, and such other circumstances which prompt

the governor or a court of competent jurisdiction to declare such

emergency. Emergency responders include, but are not limited to, medical

personnel, military personnel, utility company or similar contract

employees, fire department personnel, police department personnel, local

and state emergency management personnel, and other state and local

government employees providing emergency response services.

7. The state board of elections shall develop and distribute to boards

of elections, sample forms and procedures to ensure the participation of

emergency responders in any election conducted by a board of elections.