§ 10-108. Military voters; distribution of ballots to. 1. (a) Ballots
for military voters shall be mailed or otherwise distributed by the
board of elections, in accordance with the preferred method of
transmission designated by the voter pursuant to section 10-107 of this
article, as soon as practicable but in any event not later than
forty-six days before a primary or general election; twenty-five days
before a New York city community school board district or city of
Buffalo school district election; fourteen days before a village
election conducted by the board of elections; forty-five days before a
special election; and twenty-three days before a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law. A voter who submits a military ballot application
shall be entitled to a military ballot thereafter for each subsequent
election through and including the next two regularly scheduled general
elections held in even numbered years, including any run-offs which may
occur; provided, however, such application shall not be valid for any
election held within seven days after its receipt. Ballots shall also be
mailed to any qualified military voter who is already registered and who
requests such military ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections not
later than the seventh day before the election for which the ballot is
requested and which states the address where the voter is registered and
the address to which the ballot is to be mailed. The board of elections
shall enclose with such ballot a form of application for military
ballot. In the case of a primary election, the board shall deliver only
the ballot of the party with which the military voter is enrolled
according to the military voter's registration records. In the event a
primary election is uncontested in the military voter's election
district for all offices or positions except the party position of
member of the ward, town, city or county committee, no ballot shall be
delivered to such military voter for such election; and the military
voter shall be advised of the reason why he or she will not receive a
ballot.

(b) Upon the proclamation of a special election by the governor or
otherwise pursuant to law, each board of elections shall, not later than
three days after the establishment of the date of such special election,
transmit by mail, facsimile transmission or electronic mail in
accordance with the preferred method of transmission designated by the
voter pursuant to section 10-107 of this article, a federal write-in
absentee ballot to all military voters eligible to vote by military
ballot in such special election.

(c) Each board of elections which is served with a court order
restraining or enjoining the issuance of ballots in any election, other
than a special election, in which any military voter is entitled to
receive a ballot shall immediately notify the state board of elections
of such fact and shall transmit in accordance with the preferred method
of transmission designated by the voter, a federal write-in absentee
ballot to all military voters eligible to vote in such election.

(d) A military voter who has received a federal write-in absentee
ballot shall be entitled to receive a certified ballot notwithstanding
the prior transmission of a federal write-in absentee ballot to such
voter pursuant to paragraph (b) or (c) of this subdivision. Such
certified military ballot shall be sent by the board of elections in
accordance with the preferred method of transmission designated by the
voter pursuant to section 10-107 of this article, or expedited mail if
the military voter has not expressed a preference to receive same by
facsimile transmission or electronic mail, and his or her request for a
military ballot was made at least thirty-two days before the election.

2. In the event that the board of elections of any county shall not
mail or otherwise distribute ballots to the military voters of such
county by the date required by this section, such board shall notify the
state board of elections in writing of the facts and reasons for such
non-compliance.

3. Thereafter, ballots shall be so distributed to persons whose names
and military addresses are added to the registration poll ledgers as
military voters, except that the military ballots may be delivered by
hand to military voters who personally file an application with the
board of elections of their county of residence. The military ballot
shall be delivered to such military voter together with a ballot
envelope and a second envelope addressed to the appropriate board of
elections on which is printed "Official Election Balloting Material--Via
Air Mail".