New York Statutes § 11-306 Special ballots; victims of domestic violenceVersion dated Oct. 30, 2024
This is an older version of § 11-306 Special ballots; victims of domestic violence which we archived on October 30, 2024.
Statute Text
Effective Until 1/1/2024
1.
A voter may deliver to the board of elections,
in person or by mail,
at any time during the period in which absentee ballot applications may be delivered, a signed written statement swearing or affirming:
(a)
that he or she is the victim of domestic violence;
(b)
that he or she has left his or her residence because of such violence; and
(c)
that because of the threat of physical or emotional harm to himself or herself or to family or household members, he or she wishes to cast a special ballot in the next election. The statement must include the voter's address of registration. The board of elections shall permit such a voter to cast a special ballot at an office of such board of elections
[not earlier than one week before the election and]
not later than the close of the polls on election day
, or by mail within the same time and in the same manner in which absentee ballots may be cast, provided however that the distribution of such ballots to such voters shall be timed to afford such voters sufficient time to cast such ballots prior to the close of the polls on election day
. Such ballots shall be retained at the board of elections and cast and canvassed pursuant to the provisions of section
9-209
of this chapter.
2.
"Family or household members" mean the following individuals:
(a)
persons related by consanguinity or affinity;
(b)
persons legally married to one another;
(c)
persons formerly married to one another regardless of whether they still reside in the same household;
(d)
persons who have a child in common regardless of whether such persons are married or have lived together at any time; or
(e)
persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.
History
Amended by New York Laws 2019 , ch. 150 , Sec. 1 , eff. 8/8/2019 .
Effective Starting 1/1/2024
1.
A voter may deliver to the board of elections, in person or by mail, at any time during the period in which
early mail or
absentee ballot applications may be delivered, a signed written statement swearing or affirming:
(a)
that he or she is the victim of domestic violence;
(b)
that he or she has left his or her residence because of such violence; and
(c)
that because of the threat of physical or emotional harm to himself or herself or to family or household members, he or she wishes to cast a special ballot in the next election. The statement must include the voter's address of registration. The board of elections shall permit such a voter to cast a special ballot at an office of such board of elections not later than the close of the polls on election day, or by mail within the same time and in the same manner in which
early mail or
absentee ballots may be cast, provided however that the distribution of such ballots to such voters shall be timed to afford such voters sufficient time to cast such ballots prior to the close of the polls on election day. Such ballots shall be retained at the board of elections and cast and canvassed pursuant to the provisions of section
9-209
of this chapter.
2.
"Family or household members" mean the following individuals:
(a)
persons related by consanguinity or affinity;
(b)
persons legally married to one another;
(c)
persons formerly married to one another regardless of whether they still reside in the same household;
(d)
persons who have a child in common regardless of whether such persons are married or have lived together at any time; or
(e)
persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.
History
Amended by New York Laws 2023 , ch. 481 , Sec. 26 , eff. 1/1/2024 , op. to any general, primary, run-off primary, or special election held after 1/1/2024 .
Amended by New York Laws 2019 , ch. 150 , Sec. 1 , eff. 8/8/2019 .