Title 19 Part 331

An application for a military ballot for the general election or any special election shall be acceptable when received from a member of the armed forces or from the spouse, parent, and child of a member of the armed forces, accompanying or being with him or her, if a qualified voter and a resident of the same election district, on a post card from (Form No. 1) [see Appendix 2, infra ] prepared by the division; or on a post card form of the Department of Defense (Form No. 76) under the Federal laws; or on a form or in a letter forwarded to the division, the Secretary of State of the State of New York or the boards of elections; or in a letter addressed to any member of the military voter's family in which the military address appears (and the home address may be ascertained); and which shall have been signed by the military voter. The spouse, parent or adult child, brother or sister of a qualified voter in military service, serving outside the continental limits of the United States, may sign an application (Form No. 1a) [see Appendix 2, infra ] for such serviceman, attested before a notary public and shall be deemed an application by such serviceman, without requiring the actual signature of the voter.

An application received in the first instance by any agency or any board of elections of the State of New York shall be forwarded promptly to the division for record purposes.

All applications received from military voters by the division directly or by it from any agency of the State of New York or from any of the boards of elections shall be transmitted to the appropriate boards of elections for action.

Within a reasonable time after receipt of an application by any board of elections in the State of New York, and in any event not more than 10 days after such receipt of such an application by the board, the board of elections shall accept or reject the application. In the event that an application is rejected by the board of elections, notice of such rejection and the reason therefor must be given to the applicant in writing and a copy thereof must be sent to the division promptly.

The spouse, parent or child of a serviceman shall have the right to vote by military ballot even though the serviceman does not apply for a military ballot.

Beginning June 1, 1976, the division will forward applications as they are received from the military voters to the appropriate boards of elections. The final transmittal of these applications to the respective boards of elections shall be no later than October 21, 1976.

Liberal construction shall be given to the signature of the military voter who addresses a letter to his family or to the division or otherwise, requesting a military ballot or expressing a desire to vote.