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 122.3 - Transmission of Voter Registration, Military Ballot Applications, and Military Ballots

Universal Citation: 8 NY Comp Codes Rules and Regs § 122.3

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

(a) All communications to the military voter shall include the mailing address of the appropriate school board of education or school district public library trustees, as applicable.

(b) Transmission preference.

(1) A military voter may designate a preference to receive a military voter registration, military ballot application or military ballot by mail, facsimile transmission or electronic mail in their request for such registration, ballot application, or ballot.

(2) Such designation shall remain in effect until revoked or changed by the military voter. Military voters shall inform the appropriate school board of education or school district public library trustees, as applicable, of any change in the designated transmission address or military status.

(3) If a military voter does not designate a preference, the appropriate school board of education or school district public library trustees, as applicable, shall transmit the military voter registration, military ballot application, and/or military ballot by mail.

(4) If a military voter designates a preference for facsimile transmission or electronic mail but does not provide the necessary facsimile number or e-mail address, the appropriate school board of education or school district public library trustees, as applicable, shall transmit the military voter registration, military ballot application, and/or military ballot by mail and request the omitted information.

(5) Military voters who designate a preference for facsimile or e-mail transmission for a military ballot shall also receive with such transmission a form that includes the information normally appearing on the inner envelope used to return an absentee ballot pursuant to Education Law §§ 2018-a(5)(a) and 2018-b(6)(a). Such military voters shall permanently fix such form to an envelope secured by the military voter before returning the military ballot to the appropriate school board of education or school district public library trustees.

(c) Military voter registration application forms must be received in the office of the clerk of the school district no later than 5:00 p.m. on the day before:

(i) the school district's board of registration will meet to prepare the school district register; or

(ii) the last day for the transmission of military ballots provided in subdivision (e) of this section if the school district provides for the registration of voters during certain specified hours of the school day pursuant to Education Law § 2014(2) and (6).

(d) In order for a military voter to be issued a military ballot, the school district of the appropriate school board of education or the school district public library trustees, as applicable, must have received in the office of the school district clerk or appropriate official designated by the school district public library, as applicable, a valid ballot application no later than 5:00 pm of the day preceding the last day for the transmission of military ballots provided in subdivision (e) of this section.

(e) Ballots for military voters shall be mailed or otherwise distributed by the appropriate school board of education or school district public library trustees, as applicable, in accordance with the military voter's preferred method of transmission provided in subdivision (b) of this section, as soon as practicable, but not later than 25 days before the election, except that in city school districts with less than 125,000 inhabitants, military ballots shall be mailed or otherwise distributed no later than 14 days before the election.

(f) Irrespective of the preferred method of transmission designated by a military voter under subdivision (b) of this section, a military voter's original military ballot application and military ballot must be returned by mail or in person to the appropriate school board of education or school district public library trustees' address as provided under subdivision (a) of this section.

(g) Nothing contained in this Part shall prevent a military voter from requesting and obtaining a military voter registration application, military ballot application, or military ballot in person.

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