8 CRR-NY 122.5NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
8 CRR-NY 122.5
8 CRR-NY 122.5
122.5 Military ballot applications.
(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 sections 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 affirmation:
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 .........................
8 CRR-NY 122.5
Current through August 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.