N.Y. ELN Law § 11-308
This is the official text of N.Y. ELN Law § 11-308, part of New York’s ELN Law — part of the compiled statutory law of New York, published by the state as "ELN Law." Browse the sections below, each linked to its official government source.
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Special ballots for emergency responders
Official statutory text
§ 11-308. Special ballots for emergency responders. 1. A registered\nvoter who serves as an emergency responder in times of emergency, as\ndeclared by the governor or a court of competent jurisdiction, may apply\nto the board of elections by letter or special application via mail,\nfacsimile or e-mail, for a special ballot. Such application or letter\nmay be delivered to the board of elections at any time prior to any\nelection, without regard to deadlines for the receipt of early mail or\nabsentee ballot applications.\n 2. Emergency responders may utilize an early mail or absentee ballot\napplication to request a special ballot, or may file a written statement\nthat he or she will be unable to appear at the polling place on the day\nof an election because his or her duties as an emergency responder\nrequire such voter to be elsewhere. The emergency responder shall\ndesignate a preference for the receipt of a special ballot. The board of\nelections shall provide such voter a special ballot immediately upon\nsuch request, and shall utilize overnight express delivery for such mail\nballot delivery. If the designated preference is for facsimile or\nelectronic transmission, the ballot shall be furnished in the same\nmanner applicable to military voters who request ballots in such format.\n 3. Such cast ballots may be delivered to any office of any board of\nelections in the state, or to any open poll site not later than the\nclose of the polls on election day.\n 4. Emergency responders shall receive assistance from any board of\nelections in the state in relation to applying for, casting and return\ndelivery of a special ballot, including facsimile and electronic\ntransmission services, ballot envelope templates if necessary, and any\nother component of the special ballot election process that will help\nensure the enfranchisement of such emergency responder.\n 5. Emergency responder special ballots received by boards of elections\nfrom voters under the jurisdiction of another board of elections shall\nbe date and time-stamped and immediately forwarded to the voter's board\nof elections. Such ballots shall be timely if the time stamp of the\nfirst receiving board of elections is timely. Such ballots shall be cast\nand canvassed pursuant to the provisions of section 9-209 of this\nchapter and where an emergency responder's ballot and envelope is not\nstandard in appearance, it shall be cast and canvassed consistent with\nthe provisions of section 10-125 of this chapter.\n 6. For purposes of this section, "emergency responders" shall include\nall persons called upon to provide emergency support, relief or other\nservices, in the response to natural disasters, acts of terrorism or\nsabotage, fire, power failure, and such other circumstances which prompt\nthe governor or a court of competent jurisdiction to declare such\nemergency. Emergency responders include, but are not limited to, medical\npersonnel, military personnel, utility company or similar contract\nemployees, fire department personnel, police department personnel, local\nand state emergency management personnel, and other state and local\ngovernment employees providing emergency response services.\n 7. The state board of elections shall develop and distribute to boards\nof elections, sample forms and procedures to ensure the participation of\nemergency responders in any election conducted by a board of elections.\n
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