§ 15-122 — Absentee voting at village elections for persons unable to appear because of illness or physical disability

New York § 15-122

• Jurisdiction: New York
• Law ELN: Election
• Art. 15: Village Elections

Text

§ 15-122. Absentee voting at village elections for persons unable to\nappear because of illness or physical disability. 1. A qualified\nelector of a village, who, on the occurrence of any general or special\nvillage election, may be within the county of his residence but unable\nto appear personally at the polling place in the village of his\nresidence because of illness, physical disability or confinement either\nat home or in a hospital or institution, other than a mental institution\nmay vote as an absentee voter under this section.\n 2. Any elector of a village to whom this section may apply shall make\napplication to the village clerk for an absentee ballot. Such\napplication shall set forth the name and village address of the\napplicant, that he is a qualified voter of the village or election\ndistrict if any, and that he was advised by his physician, medical\nsuperintendent, administrative head of hospital or institution, or\nChristian Science Practitioner that he will be unable to appear\npersonally at the polling place within the village because of the\nreasons set forth in subdivision one. Such statement shall be accepted\nfor all purposes as the equivalent of an affidavit, and if false shall\nsubject the applicant to the same penalties as if he had been duly\nsworn. Such provision shall be printed in bold type directly above the\nsignature line of the application.\n 3. Such statement, if made by an elector who resides in a village in\nwhich personal registration is required shall state that the applicant\nhas registered, giving the date of such registration and his election\ndistrict if any. If made by an elector who resides in a village in which\npersonal registration is not required, it shall state that he has\nnevertheless registered; or that he has registered for the last\npreceding general election; or that he has voted in either or both of\nthe two preceding general elections.\n 4. Any elector who is duly registered and who is permanently disabled\nmay make application to the village clerk for a form which such clerk\nshall supply for the purpose of providing for the mailing of absentee\nballots to permanently disabled voters. Such form shall contain an\naffidavit to be executed by the elector showing the particulars of his\ndisability. Upon the filing of such application the inspectors of\nelection shall investigate the facts stated therein and if satisfied as\nto the truth thereof may approve such application and in such event\nshall cause the registration record of the voter, if any, to be marked\n"PERMANENTLY DISABLED". The inspectors shall also cause to be marked\n"PERMANENTLY DISABLED", the registration poll records of those voters\nwho are indicated as permanently disabled on the list of registered\nvoters received from the board of elections. Thereafter, the village\nclerk shall send an absentee voter's ballot for each election to such\nelector by first class mail to his last known address with a request to\nthe postal authorities not to forward such ballot but to return it in\nfive days in the event that it cannot be delivered to the addressee. The\nmailing of such ballot or ballots for each election shall continue as\nlong as the elector remains a qualified voter of the village and unless\nit appears that such person has failed to return such ballot for the\nlast two successive general village elections. Upon the mailing of such\nballot or ballots, the village clerk shall cause the fact and the date\nof such mailing to be recorded next to the name of the voter in the\nregister of the village or appropriate election district. If the\ninspectors of election shall determine that such elector is not entitled\nto an absentee voter's ballot, or if they shall determine that such\nelector is no longer entitled to receive such ballot without application\nthey shall notify such elector in writing giving him the reason for such\nrejection or decision.\n 5. If a person entitled to an absentee ballot under this section is\nunable to sign his application because of illness or physical disability\nhe shall be excused from signing upon making a statement, which shall be\nwitnessed by one person, in substantially the following form: "I hereby\nstate that I am unable to sign any application for an absentee ballot\nwithout assistance because I am unable to write by reason of my illness\nor physical disability. I have made, or have received assistance in\nmaking, my mark in lieu of my signature".\n ................(Mark)\n................ ......................\n (Date) (Signature of Witness)\n Such statement shall be included in the application blank form\nfurnished by the village clerk.\n 6. Printed forms containing the application for the absentee ballot,\nin accordance with the requirements of this section, shall be in the\nform prescribed by the state board of elections and shall be provided by\nthe village clerk and shall be available at the office of the clerk.\nApplication forms for absentee ballots for use pursuant to this section\nshall be furnished by the village clerk upon request of the person\nauthorized to vote under this section or by any such person's spouse,\nparent, child, authorized agent or any nurse charged with the care of\nsuch person.\n