§ 2018-A — Absentee ballots for school district elections

New York § 2018-A

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Part 1: General Provisions
• Art. 41: District Meetings

Text

§ 2018-a. Absentee ballots for school district elections. 1. The board\nof education of any union free, central or central high school district\nwhich elects school board members by ballot and provides for personal\nregistration of voters, shall provide for absentee ballots for the\nelection of members of the board of education and school district public\nlibrary trustees, the adoption of the annual budget and school district\npublic library budget and referenda, in accordance with the provisions\nof this section.\n 1-a. In counties with a population of one million or more, the board\nof education of any union free, central or central high school district\nwhich elects school board members by ballot and provides for personal\nregistration of voters shall provide for absentee ballots for the\nelection of members of the board of education and school district public\nlibrary trustees, the adoption of the annual budget and school district\npublic library budget and referenda, in accordance with the provisions\nof this section.\n 2. a. A qualified voter may vote as an absentee voter under this\nsection if on the occurrence of an election such voter expects to be:\n (1) absent from their county of residence; or\n (2) unable to appear personally at the polling place because of\nillness or physical disability, or duties related to the primary care of\none or more individuals who are ill or physically disabled, or because\nsuch voter will be or is a patient in a hospital; or\n (3) a resident or patient of a veteran's administration hospital; or\n (4) absent from such voter's voting residence because such voter is\ndetained in jail awaiting action by a grand jury or awaiting trial, or\nconfined in jail or prison after a conviction for an offense other than\na felony, provided that such voter is qualified to vote in the election\ndistrict of such voter's residence.\n b. Each person entitled to vote as an absentee voter pursuant to this\nsection and desirous of obtaining an absentee ballot shall make written\napplication therefor to the district clerk. Application forms for use\npursuant to this section shall be in a form prescribed by the state\nboard of elections. The use of any application which is on a form\nprescribed by the state board of elections shall be acceptable.\n c. The application for an absentee ballot when filed must contain in\neach instance the following information:\n (1) Applicant's full name, date of birth, and residence address,\nincluding the street and number, if any, rural delivery route, if any,\nmailing address if different from the residence address and an address\nto which the ballot shall be mailed.\n (2) A statement that the applicant is a qualified and registered\nvoter.\n (3) A statement, as appropriate, that on the day of such election the\napplicant expects in good faith to be in one of the following\ncategories:\n (a) absent from their county of residence; provided, however, if the\napplicant expects to be absent from such county for a duration covering\nmore than one election and seeks an absentee ballot for each election,\nsuch applicant shall state the dates when they expect to begin and end\nsuch absence; or\n (b) unable to appear at a polling place because of illness or physical\ndisability or duties related to the primary care of one or more\nindividuals who are ill or physically disabled; or\n (c) a resident or patient of a veteran's administration hospital; or\n (d) detained in jail awaiting action by a grand jury or awaiting trial\nor confined in jail or prison after a conviction for an offense other\nthan a felony and stating the place where such applicant is so detained\nor confined.\n d. Such application shall include the following statement to be signed\nby the voter.\n I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of application for absentee\nballots, I shall be guilty of a misdemeanor.\n Date.....................Signature of Voter ...........................\n e. An applicant whose ability to appear personally at the polling\nplace of the school district of which he or she is a qualified voter is\nsubstantially impaired by reason of permanent illness or physical\ndisability and whose registration record has been marked "permanently\ndisabled" by the board of elections pursuant to the provisions of the\nelection law shall be entitled to receive an absentee ballot pursuant to\nthe provisions of this section without making separate application for\nsuch absentee ballot, and the board of registration upon being advised\nby the board of elections on or with the list of registered voters that\nthe registration record of a voter is marked "permanently disabled"\nshall send an absentee ballot to such voter at his or her last known\naddress with a request to the postal authorities not to forward same but\nto return same in five days in the event that it cannot be delivered to\nthe addressee. The board of education shall determine whether such\nballot shall be sent by first class or by certified mail. All such\nballots shall be mailed in the same manner as determined by the board of\neducation. The board of registration shall make an appropriate entry on\nthe registration indicating the fact that an absentee ballot has been\nsent and the date of mailing.\n f. An application must be received by the district clerk no earlier\nthan the thirtieth day before the election for which an absentee ballot\nis sought. If the application requests that the absentee ballot be\nmailed, such application must be received not later than seven days\nbefore the election. If the applicant or his or her agent delivers the\napplication to the district clerk in person, such application must be\nreceived not later than the day before the election. The district clerk\nshall examine each application and shall determine from the information\ncontained therein whether the applicant is qualified under this section\nto receive an absentee ballot.\n g. No later than six days before the election for which an application\nhas been received and for which the district clerk has determined the\napplicant to be qualified to vote by absentee ballot the district clerk\nshall mail, by regular mail, an absentee ballot to each qualified\napplicant who has applied before such day and who has requested that\nsuch absentee ballot be mailed to him or her at the address set forth in\nhis or her application. If the applicant or his or her agent delivers\nthe application to the district clerk in person after the seventh day\nbefore the election and not later than the day before the election, the\ndistrict clerk shall forthwith deliver such absentee ballots for those\napplicants whom he or she determines are qualified to make such\napplications and to receive such ballots to such applicants or the\nagents named in the applications when such applicants or agents appear\nin the district clerk's office.\n 3. If, upon examining the application required under the provisions of\nsubdivision two of this section, and upon such inquiry as it deems\nproper, the board of registration shall be satisfied that the applicant\nis a qualified voter of the district, and entitled to vote by absentee\nballot, such board shall place his name upon the register, thereupon the\napplicant shall be issued or mailed an absentee voter's ballot and the\nboard of registration shall make an appropriate entry on the register\nindicating that an absentee ballot has been applied for by, and issued\nto, the applicant.\n 4. Ballots for absentee voters shall be, as nearly as practicable, in\nthe same form as those to be voted at the district election; if the vote\nat such election shall be by ballot, the absentee ballot shall conform\nto the regular ballot; if the vote of such election shall be by voting\nmachine, the absentee ballot shall conform as closely as possible to the\nmanner in which the names of the candidates, the questions and the\npropositions appear on the voting machines, except that the absentee\nballot shall also contain a space for a write-in or write-ins. Such\nabsentee ballots shall also contain instructions as to the proper\nmarking thereof, in accordance with the provisions of sections two\nthousand thirty-two and two thousand thirty-four of this chapter. On the\nback of such absentee ballots shall be printed the words "Official\nBallot, Absentee Voter."\n 5. a. The board of registration shall enclose each absentee voter's\nballot in an envelope which shall be labelled:\n ELECTION MATERIAL\n PLEASE EXPEDITE\n On one side of such envelope shall be printed:\n OFFICIAL BALLOT, ABSENTEE VOTER\n for\n School District Election\nName of Voter .......................................\nResidence (street and number, if any) ...............\nCity (or Town) of ...................................\nCounty of ...........................................\nSchool district .....................................\nSchool Election District (if applicable) ............\n The date of the election and name of the school district shall be\nprinted, and the name of the voter, residence, school district and\nschool election district (if applicable) shall be written in by the\nboard of registration.\n b. On the reverse side of such envelope shall be printed the following\nstatement:\n STATEMENT OF ABSENTEE VOTER\n I do declare that I am a citizen of the United States, and will be at\nleast eighteen years of age, on the date of the school district\nelection; that I will have been a resident of this state and of the\nschool district and school election district, if any, shown on the\nreverse side of this envelope for thirty days next preceding the said\nelection and duly registered in the school district and school election\ndistrict, if any, shown on the reverse side of this envelope and that I\nam or on such date will be, a qualified voter of said school district;\nthat I will be unable to appear personally on the day of said school\ndistrict election at the polling place of the said district in which I\nam or will be a qualified voter because of the reason stated on my\napplication heretofore submitted; that I have not qualified, or do I\nintend to vote, elsewhere than as set forth on the reverse side of this\nenvelope; that I have not received or offered, do not expect to receive,\nhave not paid, offered or promised to pay, contributed, offered or\npromised to contribute to another to be paid or used, any money or other\nvaluable thing, as a compensation or reward for the giving or\nwithholding of a vote at this school district election, and have not\nmade any promise to influence the giving or withholding of any such\nvotes; that I have not made or become directly or indirectly interested\nin any bet or wager depending upon the result of this school district\nelection; and that I have not been convicted of bribery or any infamous\ncrime, or, if so convicted, that I have been pardoned or restored to all\nthe rights of a citizen, without restriction as to the right of\nsuffrage, or received a certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law removing my disability to register and vote.\n I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of absentee voter, I shall be\nguilty of a misdemeanor.\n Date.....................Signature of Voter ..........................\n c. The envelope shall be gummed, ready for sealing, and shall have\nprinted thereon, on the side opposite the statement, instructions as to\nthe duties of the voter after the marking of the ballot, which\ninstructions shall include a specific direction stating that the\nenvelope must reach the office of the clerk of the school district not\nlater than five P.M. on the day of the election in order that his vote\nmay be canvassed.\n d. A person who shall make any material false statement in the\nstatement of absentee voter appearing on the reverse side of the\nenvelope as provided in this subdivision, shall be guilty of a\nmisdemeanor.\n 6. The board of registration shall make a list of all persons to whom\nabsentee voter's ballots shall have been issued and file such list in\nthe office of the clerk where it shall be available for public\ninspection during regular office hours until the day of the election.\nAny qualified voter may, upon examination of such list, file a written\nchallenge of the qualifications as a voter of any person whose name\nappears on such list, stating the reasons for such challenge. A\nchallenge to an absentee ballot may not be made on the basis that the\nvoter should have applied for an early mail ballot. Such written\nchallenge shall be transmitted by the clerk to the inspectors of\nelection on election day.\n 7. a. The board of registration shall be authorized to call upon the\ncommissioner of police and the officers and members of the police force\nfor such assistance in the enforcement of the provisions of this section\nas such board shall require, and such commissioner and officers and\nmembers of the police force shall be authorized to render such\nassistance.\n b. The board of registration may require any person to attend before\nit at the office of the clerk of the school district and be examined by\nthe board as to any matter in relation to which such board is charged\nwith a duty under this section, and may issue a subpoena therefor. Each\nmember of such board shall be authorized to administer any oath that may\nbe required or authorized by law in this connection.\n 8. No absentee voter's ballot shall be canvassed, unless it shall have\nbeen received in the office of the clerk of the school district not\nlater than five P.M. on the day of the election.\n 9. The clerk of the district shall, on the day of the election,\ntransmit all absentee voters' envelopes, received by him in accordance\nwith subdivision eight of this section, to the inspectors of election.\n 10. If, at the school district election, any absentee voters'\nenvelopes shall have been received at the polling place, the inspectors\nof election immediately after the closing of the polls shall examine\nthem, and shall compare the signature, if any, on each envelope with the\nsignature, if any, on the register, of the person of the same name who\nregistered from the same address. If the signatures are found to\ncorrespond, the inspectors shall certify thereto by signing their\ninitials opposite the name of the voter at the appropriate place in the\nregister. If a person whose name is on an envelope as a voter, shall\nhave already voted in person at such school district election, or if his\nname, residence and signature, as stated on the envelope, are not on the\nregister, or if there is no signature on the envelope, this envelope\nshall be laid aside unopened and be returned unopened to the clerk of\nthe district. If such person is found to be registered and has not so\nvoted in person, and if no objection is made, or if an objection made be\nnot sustained, the envelope shall be opened and the ballot withdrawn\nwithout unfolding and deposited in the proper box or boxes. At the time\nof the deposit of such ballot, the inspectors shall enter the words\n"absentee vote" at an appropriate place in the register.\n 11. During such examination any qualified voter present in the polling\nplace may object to the voting of the ballot contained in any envelope\nupon the ground or grounds (a) that the person named thereon is not a\nqualified voter of the school district, or school election district\n(where applicable), or (b) that he was within the county or city while\nthe polls of the election were open, except where the applicant is a\npatient in a hospital located within the county or city or detained or\nconfined in a jail located within the county or city and except where\nthe ballot was obtained upon the ground of inability to appear\npersonally at the polling place on the day of the school district\nelection because of illness or physical disability, or (c) that he was\nable to appear personally while the polls were open, in cases where the\nballot was obtained upon the ground that the voter was a patient in a\nhospital located within the county or city or detained or confined in a\njail located within the county or city or upon the ground of inability\nto appear personally at the polling place on the day of the election\nbecause of illness or physical disability, or (d) that he was not\nentitled to cast such ballot. An inspector shall make such an objection\nif he shall know or suspect that the person named on such envelope is\nnot such a qualified voter or was so within the school district or was\nable so to appear personally, or was not entitled to cast such ballot.\nThe election inspectors shall forthwith proceed to determine each\nobjection including any written challenge transmitted to them by the\ndistrict clerk as provided in subdivision six of this section. Unless\nthe inspectors, by majority vote, shall sustain the objection, the\nchairman, or if he refuses, another inspector shall endorse upon the\nenvelope the objection and the words "not sustained," shall sign such\nendorsement, and shall open the envelope and deposit the ballot as\nprovided in this section. Should the inspectors, by majority vote,\nsustain such objection, the objection and word "sustained" shall be\nsimilarly endorsed upon the envelope, the envelope shall not be opened\nnor the ballots therein canvassed, and such envelope shall be returned\nunopened to the clerk of the district. If the inspectors of election\nshall have received an envelope endorsed with the name of a person who\nto the knowledge of the inspectors is deceased on the day of the\nelection, the inspectors shall return such envelope unopened to the\nclerk of the district with the words "deceased--objection sustained"\nendorsed on the envelope.\n 12. If the inspectors of election shall have received an envelope, and\nupon opening the same no ballot shall be found therein, the inspectors\nshall make a memorandum showing that the ballot is missing. When the\ncasting of absentee voters' ballots shall have been completed, the\ninspectors shall ascertain the number of such ballots which have been\ndeposited in the ballot box by deducting from the number of envelopes\nopened the number of missing ballots, and shall make a separate return\nthereof in duplicate. The number of absentee voters' ballots deposited\nin the ballot box shall be added to the number of other ballots\ndeposited in the ballot box in order to determine the number of all\nballots to be accounted for in the ballot box. Such ballots shall then\nbe counted or canvassed by the inspectors of election along with the\nother ballots cast at such school district election, or, where voting\nmachines are used, shall be added to the votes recorded on such\nmachines.\n 13. Where the district shall have been divided into school election\ndistricts pursuant to the provisions of this chapter, the provisions of\nthis section shall be applicable, provided that any reference in this\nsection to the term "board of registration" shall in such case refer to\nthe board of registration appointed by the board of education for each\nschool election district, except that paragraph b of subdivision seven\nof this section shall apply according to its terms.\n