New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter E - Elementary and Secondary Education
Part 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda
Section 122.2 - Definitions

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 122.2

Current through Register Vol. 46, No. 12, March 20, 2024

As used in this Part:

(a) Appropriate school board of education means the board of education in whose jurisdiction the military voter, defined in subdivision (f) of this section, resides as a qualified voter.

(b) Election means the election of members of a school district board of education or trustees of a school district public library, and the adoption of school district and school district public library budgets and referenda at either an annual or special school district or school district public library meeting.

(c) Military ballot means a ballot prepared, printed and supplied for use by a military voter, defined in subdivision (f) of this section, in connection with the election of members of a board of education and school district public library trustees, and the adoption of a school district or school district public library annual budget and referenda.

(d) Military address means the mailing address of a military voter other than his or her residence address in his or her school district.

(e) Military service means the military service of the state, or of the United States, including the army, navy, marine corps, air force, coast guard, merchant marine and all components thereof, and the coast and geodetic survey, the public health service, the national guard when in the service of the United States pursuant to call as provided by law, and the cadets or midshipmen of the United States Military Academy, United States Naval Academy, United States Air Force Academy and United States Coast Guard Academy.

(f) Military voter means:

(1) a qualified voter of the State of New York who:
(i) is in actual military service, as defined in subdivision (e) of this section and by reason of such military service is absent from the school district in which he or she is qualified to vote on the day of registration or election; or

(ii) is discharged from such military service within 30 days of an election; or

(2) a spouse, parent, child or dependent of a voter, described under paragraph (1) of this subdivision, accompanying or being with such voter, if a qualified voter of the State of New York and a resident of the same school district as such voter.

(g) Qualified voter means a military voter who meets the qualifications of voters set forth in Education Law § 2012, including military personnel residing on a military base within a school district located in New York State for a period of thirty days next preceding the meeting or election at which he or she offers to vote pursuant to Education Law § 2012(3).

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