N.Y. Election Law § 7-124: Ballots; special federal voters

§ 7-124. Ballots; special federal voters. 1. The ballots for special

federal voters shall provide for voting for presidential and

vice-presidential electors, United States senator, representative in

congress, and delegates and alternate delegates to a national convention

only and shall be in the form prescribed by this chapter for absentee

ballots, except that on either the front or the back of the ballot shall

be printed or stamped the words "Official Ballot--Special Federal

Voter", provided, however, that at any election at which special federal

voters may vote for all the offices and positions on the ballot, no such

separate ballot shall be printed and the ballot for special federal

voters shall be the same as the ballot provided to absentee voters in

such election.

2. There shall be three envelopes for each special federal absentee

ballot issued by mail: the inner affirmation envelope into which a voter

places his or her voted ballot, the outer envelope which shall be

addressed to the absentee voter, and the mailing envelope which is

addressed to the county board of elections. The board of elections shall

furnish an inner affirmation envelope with each special federal ballot

upon which envelope shall be printed:

I swear or affirm that:

(a) I am a United States citizen residing outside the United States,

and

(b) I am at least eighteen years of age (or will be by the day of the

election), eligible to vote in the requested jurisdiction, and

(c) I have neither been convicted of a felony or other disqualifying

offense nor been adjudicated mentally incompetent, or if so, my voting

rights have been reinstated, and

(d) I am not qualified to register, request a ballot, or vote in any

other jurisdiction in the United States, and

(e) My signature and date below indicate when I completed this

document, and

(f) The information on this form is true and complete to the best of

my knowledge.

I understand that a material misstatement of fact in the completion of

this document may constitute grounds for conviction of a crime.

Date.................20..... .....................................

Signature or mark of voter

.....................................

Signature of Witness (required only

if voter does not sign his or her own

name)

.....................................

Address of Witness

3. On the reverse side of the inner affirmation envelope shall be

printed:

TO BE FILLED IN BY THE BOARD OF ELECTIONS

FOR..........ELECTION......... 20......

Name of voter ..........................................................

Residence from which vote is being cast:

Street and number ....................................................

City or town .........................................................

County ...............................................................

Assembly District or Ward ............................................

Election District ....................................................

Party Enrollment (in case of primary election) .......................

IMPORTANT TO SPECIAL FEDERAL VOTER: YOU MUST SIGN THE AFFIRMATION ON

THIS ENVELOPE.

4. The information in subdivision three of this section shall be

filled in by the board of elections prior to the mailing of any special

federal ballot and envelopes if the special federal voter's preferred

method of transmission with the board of elections is by mail, or it may

be filled in by the board of elections upon receipt of the returned

special federal ballot and envelope when the ballot and envelope have

been transmitted to the special federal voter other than by mail or in

person.

5. The inner affirmation envelope, if delivered by mail or in person,

shall be gummed and ready for sealing. Such envelope, or any created by

the special federal voter whose ballot was delivered by facsimile

transmission or electronic mail in accordance with subdivision six of

this section, shall have printed thereon, on the side opposite the

affirmation, instructions as to the duties of the voter after the

marking of the ballot. Such instructions shall include specific

directions stating that the ballot must be returned in person or mailed

to the appropriate board of elections, when the outer envelope must be

postmarked, if mailed, and when such envelope, whether returned in

person or mailed, must reach such board of elections in order to be

canvassed. Such inner affirmation envelope shall also include a

direction that an application for a special federal ballot should not be

enclosed in the inner affirmation envelope containing such ballot.

6. If a special federal voter has designated a preference to receive

his or her ballot by facsimile transmission or electronic mail pursuant

to section 11-203 of this chapter, the transmission of the special

federal voter's ballot shall include, together with all information and

instructional materials that accompany ballot materials sent by the

board of elections to other absentee voters, appropriate instructions as

to the folding of same so as to create an envelope containing all of the

information set forth in subdivisions two, three and five of this

section.

7. Such inner affirmation envelope containing the special federal

ballot shall be enclosed in an outer envelope addressed to the

appropriate board of elections, and bearing on it the words "Official

Election Ballot--Via Air Mail". The outer envelope shall include

specific directions that if an original completed application for a

special federal ballot has not already been delivered or mailed to the

special federal voter's board of elections, such application must be

completed by the special federal voter and returned in the outer

envelope with the sealed inner affirmation envelope containing the

special federal ballot within the time limits for the receipt of the

special federal ballot itself. Such envelope shall provide lines in the

upper left corner for the special federal voter to write his or her name

and complete special federal address.

8. The outer envelope addressed to the appropriate board of elections

and the inner affirmation envelope which contains the ballot shall be

mailed to the special federal voter in a third envelope on which is

printed the words "Official Election Ballot--Via Air Mail".

9. If the special federal voter's preferred method of transmission is

facsimile transmission or electronic mail, the electronic transmittal of

the special federal voter's ballot materials shall include appropriate

instructions as to the folding of same so as to create an outer envelope

containing all of the information set forth in subdivision eight of this

section.