§ 2018-E — Early mail ballots for school district elections

New York § 2018-E

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

Text

§ 2018-e. Early mail ballots for school district elections. 1. The\nboard of education of any union free, central or central high school\ndistrict which elects school board members by ballot and provides for\npersonal registration of voters, shall provide for early mail ballots\nfor the election of members of the board of education and school\ndistrict public library trustees, the adoption of the annual budget and\nschool district public library budget and referenda, in accordance with\nthe provisions of 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 early mail 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 early mail voter under this\nsection.\n b. Each person entitled to vote as an early mail voter pursuant to\nthis section and desirous of obtaining an early mail ballot shall make\nwritten application therefor to the district clerk. Application forms\nfor use pursuant to this section shall be in a form prescribed by the\nstate board 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 early mail 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 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 early mail\nballot, I shall be guilty of a misdemeanor.\nDate.....................Signature of Voter............................\n e. An application must be received by the district clerk no earlier\nthan the thirtieth day before the election for which an early mail\nballot is sought. If the application requests that the early mail ballot\nbe mailed, such application must be received not later than seven days\nbefore the election. If the applicant or their 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 early mail ballot.\n f. 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 early mail ballot the district\nclerk shall mail, by regular mail, an early mail ballot to each\nqualified applicant who has applied before such day and who has\nrequested that such early mail ballot be mailed to him or her at the\naddress set forth in their application. If the applicant or their agent\ndelivers the application to the district clerk in person after the\nseventh day before the election and not later than the day before the\nelection, the district clerk shall forthwith deliver such early mail\nballots for those applicants whom he or she determines are qualified to\nmake such applications and to receive such ballots to such applicants or\nthe agents named in the applications when such applicants or agents\nappear in 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 entitled to vote by early mail\nballot, such board shall place their name upon the register, thereupon\nthe applicant shall be issued or mailed an early mail voter's ballot and\nthe board of registration shall make an appropriate entry on the\nregister indicating that an early mail ballot has been applied for by,\nand issued to, the applicant.\n 4. Ballots for early mail voters shall be, as nearly as practicable,\nin the same form as those to be voted at the district election; if the\nvote at such election shall be by ballot, the early mail ballot shall\nconform to the regular ballot; if the vote of such election shall be by\nvoting machine, the early mail ballot shall conform as closely as\npossible to the manner in which the names of the candidates, the\nquestions and the propositions appear on the voting machines, except\nthat the early mail ballot shall also contain a space for a write-in or\nwrite-ins. Such early mail ballots shall also contain instructions as to\nthe proper marking thereof, in accordance with the provisions of\nsections two thousand thirty-two and two thousand thirty-four of this\npart. On the back of such early mail ballots shall be printed the words\n"Official Ballot, Early Mail Voter".\n 5. a. The board of registration shall enclose each early mail 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, EARLY MAIL 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 EARLY MAIL 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 have not qualified, or do I intend to vote, elsewhere than as set\nforth on the reverse side of this envelope; that I have not received or\noffered, do not expect to receive, have not paid, offered or promised to\npay, contributed, offered or promised to contribute to another to be\npaid or used, any money or other valuable thing, as a compensation or\nreward for the giving or withholding of a vote at this school district\nelection, and have not made any promise to influence the giving or\nwithholding of any such votes; that I have not made or become directly\nor indirectly interested in any bet or wager depending upon the result\nof this school district election; and that I have not been convicted of\nbribery or any infamous crime, or, if so convicted, that I have been\npardoned or restored to all the rights of a citizen, without restriction\nas to the right of suffrage, or received a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law removing my disability to register\nand 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 early mail voter, I shall\nbe guilty of a misdemeanor.\nDate................... 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 their vote\nmay be canvassed.\n d. A person who shall make any material false statement in the\nstatement of early mail 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\nearly mail 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 early mail voter may not be made on the basis that the\nvoter should have applied for an absentee ballot. Such written challenge\nshall be transmitted by the clerk to the inspectors of election on\nelection 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 early mail voter's ballot shall be canvassed, unless it shall\nhave been 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 early mail voters' envelopes, received by them in\naccordance with subdivision eight of this section, to the inspectors of\nelection.\n 10. If, at the school district election, any early mail 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\ntheir name, residence and signature, as stated on the envelope, are not\non the register, or if there is no signature on the envelope, this\nenvelope shall be laid aside unopened and be returned unopened to the\nclerk of the district. If such person is found to be registered and has\nnot so voted in person, and if no objection is made, or if an objection\nmade be not sustained, the envelope shall be opened and the ballot\nwithdrawn without unfolding and deposited in the proper box or boxes. At\nthe time of the deposit of such ballot, the inspectors shall enter the\nwords "early mail 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 that the person named thereon is not a\nqualified voter of the school district, or school election district\n(where applicable). An inspector shall make such an objection if he\nshall know or suspect that the person named on such envelope is not such\na qualified voter. The inspectors of election shall forthwith proceed to\ndetermine each objection including any written challenge transmitted to\nthem by the district clerk as provided in subdivision six of this\nsection. Unless the inspectors, by majority vote, shall sustain the\nobjection, the chairman, or if he refuses, another inspector shall\nendorse upon the envelope the objection and the words "not sustained,"\nshall sign such endorsement, and shall open the envelope and deposit the\nballot as provided in this section. Should the inspectors, by majority\nvote, sustain such objection, the objection and word "sustained" shall\nbe similarly endorsed upon the envelope, the envelope shall not be\nopened nor the ballots therein canvassed, and such envelope shall be\nreturned unopened to the clerk of the district. If the inspectors of\nelection shall have received an envelope endorsed with the name of a\nperson who to the knowledge of the inspectors is deceased on the day of\nthe election, 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 early mail 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 early mail 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