§ 7-123. Ballots; military voters. 1. The state board of elections,
after conferring with federal authorities, if any, authorized to act,
shall prescribe the form and cause to be printed by the appropriate
boards of elections or otherwise sufficient ballots for military voters
to be used at the election, subject to the following limitations:
2. The ballots for military voters shall be the same form as those to
be voted by absentee voters in the election district of the military
voter on election day. Any instructions that the state board of
elections deems pertinent shall accompany such ballots but shall not be
affixed thereto in any manner so as to leave any marks on such ballots
not found on absentee ballots.
3. There shall be three envelopes for each military absentee ballot
issued when the military voter's preferred method of transmission is 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 military ballot upon which envelope shall
be printed:
BALLOT FOR MILITARY VOTER
AFFIRMATION
I swear or affirm that: (a) I am a member of the uniformed services or merchant marine on
active duty or an eligible spouse, parent, child or dependent of such a
member, and
(b) I am a United States citizen, 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 registering, requesting a ballot, or voting 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
4. On the reverse side of the inner affirmation envelope shall be
printed:
TO BE FILLED IN BY THE BOARD OF ELECTIONS:
FOR..........ELECTION......... 20......
County of................................................................
Name of voter............................................................
Voting residence (street and number, if any).............................
City (or town) of..............Ward......................................
Assembly District..............Election District.........................
Party Enrollment (in case of primary election)...........................
IMPORTANT TO MILITARY VOTER: YOU MUST SIGN THE AFFIRMATION ON THIS
ENVELOPE.
5. The information in subdivision four of this section shall be filled
in by the board of elections prior to the mailing of any military ballot
and envelopes if the military 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 the receipt of the returned military ballot and
envelope where the ballot and envelope have been transmitted to the
military voter other than by mail or in person.
6. 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 military voter who has received his or her ballot by facsimile
transmission or electronic mail in accordance with the provisions of
subdivision seven of this section, shall have printed thereon, on the
side opposite the affirmation, instructions as to the duties of the
military 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 military ballot should not
be enclosed in the inner affirmation envelope containing such ballot.
7. If a military voter has designated a preference to receive his or
her ballot by facsimile transmission or electronic mail pursuant to
section 10-107 of this chapter, the transmission of the military 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 inner affirmation envelope containing all of the
information set forth in subdivisions three, four and six of this
section.
8. Such inner affirmation envelope containing the military 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 military
ballot has not already been returned in person or mailed to the military
voter's board of elections, such application must be completed by the
military voter and returned in the outer envelope with the sealed inner
affirmation envelope containing the military ballot within the time
limits for the receipt of the military ballot itself. Such envelope
shall provide lines in the upper left corner for the military voter to
write his or her name and complete military address.
9. The outer envelope addressed to the appropriate board of elections
and the inner affirmation envelope which contains the ballot shall be
mailed to the military voter in a third envelope on which is printed the
words "Official Election Ballot--Via Air Mail".
10. At the side opposite the address on the outer envelope, below the
gummed seal, for a ballot delivered by mail or in person, or below the
flap for a ballot transmitted to the military voter by facsimile
transmission or electronic mail, shall be printed:
This ballot was mailed on _________ which is not later than the
(date)
day before the election.
_______________ _____________
Signed (Witness) Date
11. If the military voter's preferred method of transmission is
facsimile transmission or electronic mail, the electronic transmittal of
the military 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 subdivisions eight and
ten of this section.
