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 122.5 - Military Ballot Applications
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 122.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Generally.
(1) A military voter may request
and obtain from his or her appropriate school board of education or school
district public library trustees, as applicable, an application for a military
ballot.
(2)
(i) Military voters shall submit a separate
military ballot application for each election at which they wish to cast a
vote, except as provided in subparagraph (ii) of this paragraph.
(ii) An application for a military ballot for
an election involving the adoption of a school district or school district
public library annual budget shall be deemed to also constitute an application
for such a ballot for any necessary budget revote.
(3) School districts shall include in the
public notice of annual meeting required pursuant to sections
2003 and
2004 of the Education Law and school
district public libraries shall include in the public notice of a special
district meeting required pursuant to section
260 of the
Education Law, as applicable, a statement that military voters who are
qualified voters of the school district may apply for a military ballot, along
with the time and manner for requesting and returning an application for such a
ballot. Such statement shall also give notice that the military voter may
indicate their preference for receiving the application, as provided in section
122.3 of this Part.
(4) The board
of education and school district public library trustees, as applicable, shall
process military ballot applications received in accordance with section
122.3(d) of this Part in the same manner as non-military ballot applications
under Education Law §§
2018-a and
2018-b.
(b) Military ballot application forms.
(1) School districts and school district
public libraries, as applicable, shall develop and make available military
ballot application forms for use by military voters.
(2) At a minimum, a military ballot
application form for use by military voters shall provide:
(i) the military voter's name;
(ii) the military voter's residence address
in the school district, including street and number, if any, or town and
delivery route, if any;
(iii) the
military voter's military address;
(iv) the military voter's preference for
receiving military ballots either by mail, facsimile transmission, or
electronic mail;
(v) a statement
that:
(a) the military voter is in military
service and by reason of such military service will be absent on the day of the
election, or the military voter will be discharged from such military service
within 30 days of the election; or
(b) the military voter is an eligible spouse,
parent, child or dependent of a military voter pursuant to section 122.2(f)(2)
of this Part; and
(vi)
The following information:
I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the foregoing statement of application for ballots, I shall be guilty of a misdemeanor.
Date ..................... Signature of Voter .........................
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