§ 175-B — Absentee ballots for fire district elections; special provisions

New York § 175-B

• Jurisdiction: New York
• Law TWN: Town
• Art. 11: Fire, Fire Alarm and Fire Protection Districts

Text

§ 175-b. Absentee ballots for fire district elections; special\nprovisions. 1. The board of fire commissioners of any fire district in\nwhich officers are elected, may, by resolution, provide for absentee\nballots for fire district elections, in accordance with the provisions\nof this section. Such resolution shall take effect at the first such\nelection held more than sixty days after its adoption and shall continue\nin effect for all such elections until a subsequent resolution providing\notherwise shall, in like manner, have taken effect.\n 2. a. An applicant for such an absentee ballot shall submit an\napplication setting forth (1) his or her name and residence address,\nincluding the street and number, if any, or town and rural delivery\nroute, if any; (2) that he or she is or will be, on the day of the\nelection, a qualified voter of the district in which he or she resides\nin that he or she is or will be, on such date, over eighteen years of\nage, a citizen of the United States and has or will have resided in the\ndistrict for thirty days next preceding such date; (3) that he or she is\nregistered in the town; (4) that he or she will be unable to appear to\nvote in person on the day of the election for which the absentee ballot\nis requested because he or she is, or will be on such day (a) a patient\nin a hospital, or unable to appear personally at the polling place on\nsuch day because of illness or physical disability or (b) because his or\nher duties, occupation or business will require him or her to be outside\nof the county of his or her residence on such day, (c) because he or she\nwill be on vacation outside the county of his or her residence on such\nday; or, (d) absent from his or her voting residence because he or she\nis detained in jail awaiting action by a grand jury or awaiting trial or\nis confined in prison after conviction for an offense other than a\nfelony. Such application must be received by the district secretary at\nleast seven days before the election if the ballot is to be mailed to\nthe voter, or the day before the election, if the ballot is to be\ndelivered personally to the voter or his or her agent.\n b. (1) Where such duties, occupation or business are of such a nature\nas ordinarily to require such absence, a brief description of such\nduties, occupation or business shall be set forth in such affidavit.\n(2) Where such duties, occupation or business are not of such a nature\nas ordinarily to require such absence, such application shall contain a\nstatement of the special circumstances on account of which such absence\nis required.\n c. Where the applicant expects in good faith to be absent on the day\nof the election because he or she will be on vacation elsewhere on such\nday, such application shall also contain the dates upon which he or she\nexpects to begin and end such vacation, the place or places where he or\nshe expects to be on such vacation, the name and address of his or her\nemployer, if any, and if self-employed, a statement to that effect.\n d. Where the absence is because of detention or confinement to jail,\nsuch affidavit shall state whether the voter is detained awaiting action\nof the grand jury or is confined after conviction for an offense other\nthan a felony.\n e. Where a person is or would be, if he or she were a qualified\nvoter, entitled to apply for the right to vote by absentee ballot under\nthe provisions of this section, his or her spouse, parent or child, if a\nqualified voter and a resident of the same district, shall be entitled\nto vote as an absentee voter upon personally making and signing an\napplication in accordance with the preceding provisions of this\nsubdivision and showing that he or she expects to be absent from the\ndistrict on the day of the district election by reason of accompanying\nor being with the spouse, child or parent who is or would be, if he or\nshe were a qualified voter, so entitled to apply for the right to vote\nby absentee ballot, and, in the event no application is made by such\nspouse, child or parent, such further information as the fire district\nshall require.\n f. Such application shall include the following statement to be\nsigned by 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 g. An applicant whose ability to appear personally at the polling\nplace of the 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 secretary of the fire district, upon being\nadvised by the board of elections on or with the list of registered\nvoters that the registration record of a voter is marked "permanently\ndisabled", shall send an absentee ballot to such voter at his or her\nlast known address by first class mail with a request to the postal\nauthorities not to forward same but to return same in five days in the\nevent that it cannot be delivered to the addressee. The election\ninspectors of the fire district shall make an appropriate entry on the\nregistration record indicating the fact that an absentee ballot has been\nsent and the date of mailing.\n 3. If, upon examining the application required under the provisions\nof subdivision two of this section, and upon such inquiry as it deems\nproper, the election inspectors of the fire district shall be satisfied\nthat the applicant is a qualified voter of the district, and entitled to\nvote by absentee ballot, such election inspectors shall place his or her\nname upon a list, thereupon the applicant shall be issued or mailed an\nabsentee voter's ballot and the election inspectors of the fire district\nshall make an appropriate entry on the list indicating that an absentee\nballot has been applied for by, and issued to, 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 that part of the regular ballot which relates to the election of\ndistrict members; if the vote of such election shall be by voting\nmachine, the absentee ballot shall be, as nearly practicable, in the\nsame form as those to be voted in the district on election day and shall\ncontain a space for a write-in or write-ins. On the back of such\nabsentee ballots shall be printed the words "Official Ballot, Absentee\nVoter," followed by the words "For Officers of fire district."\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\nOn one side of such envelope shall be printed:\n OFFICIAL BALLOT, ABSENTEE VOTER\n at\n Fire District Election\nName of Voter.........................................\nResidence (street and number, if any).................\nCity (or Town) of.....................................\nCounty of.............................................\nFire district......................................\n The date of the election and name of the district shall be printed,\nand the name of the voter, residence and district shall be written in by\nthe fire district.\n b. On the reverse side of such envelope shall be printed the\nfollowing statement:\n STATEMENT OF ABSENTEE VOTER\n I do declare that I will have been a citizen of the United States for\nthirty days, and will be at least eighteen years of age, on the date of\nthe district election; that I will have been a resident of this state\nand of the district if any, shown on the reverse side of this envelope\nfor thirty days next preceding the said election and that I am or on\nsuch date will be, a registered voter of said district; that I will be\nunable to appear personally on the day of said district election at the\npolling place of the said district in which I am or will be a qualified\nvoter because of the reason stated on my application heretofore\nsubmitted; that I have not qualified, or do I intend to vote, elsewhere\nthan as set forth on the reverse side of this envelope; that I have not\nreceived or offered, do not expect to receive, have not paid, offered or\npromised to pay, contributed, offered or promised to contribute to\nanother to be paid or used, any money or other valuable thing, as a\ncompensation or reward for the giving or withholding of a vote at this\ndistrict election, and have not made any promise to influence the giving\nor withholding of any such votes; that I have not made or become\ndirectly or indirectly interested in any bet or wager depending upon the\nresult of this 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 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 district not later than five P.M.\non the day of the election in order that his or her vote may be\ncanvassed.\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. a. The secretary of the fire district shall make a list of all\npersons to whom absentee voter's ballots shall have been issued and keep\nsuch list on file in the fire office where it shall be available for\npublic inspection during regular office hours until the day of the\nelection. Any qualified voter may, upon examination of such list, file\na written challenge of the qualifications as a voter of any person whose\nname appears on such list, stating the reasons for such challenge. Such\nwritten challenge shall be transmitted by the secretary to the\ninspectors of election on election day.\n b. Such list shall also be posted in a conspicuous place or places\nduring the election, and any qualified voter may challenge the\nacceptance of the absentee voter's ballot of any person on such list, by\nmaking his or her challenge and the reasons therefor known to the\nelection inspectors before the close of the polls.\n 7. a. The secretary of the fire district shall be authorized to call\nupon the commissioner of police or the county sheriff and the officers\nand members of the police force or sheriff's department for such\nassistance in the enforcement of the provisions of this section as such\nboard shall require, and such commissioner and officers and members of\nthe police force and sheriff's department shall be authorized to render\nsuch assistance.\n b. The election inspectors of the fire district may require any\nperson to attend before them at the office of the secretary of the\ndistrict and be examined as to any matter in relation to which such\ndistrict is charged with a duty under this section, and may issue a\nsubpoena therefor. Each member of such election inspectors district\nshall be authorized to administer any oath that may be required or\nauthorized by law in this connection.\n 8. No absentee voter's ballot shall be canvassed, unless it shall\nhave been received in the office of the secretary of the district not\nlater than five P.M. on the day of the election.\n 9. The secretary of the district shall, on the day of the election,\ntransmit all absentee voters' envelopes, received by him or her in\naccordance with subdivision eight of this section, to the election\ninspectors.\n 10. If, at the district election, any absentee voters' envelopes\nshall have been received at the polling place, the election inspectors\nimmediately after the closing of the polls shall examine them, and shall\ncompare the signature, if any, on each envelope with the signature, if\nany, on the register, of the person of the same name who registered from\nthe same address. If the signatures are found to correspond, the\nelection inspectors shall certify thereto by signing their initials\nopposite the name of the voter at the appropriate place in the register.\nIf a person whose name is on an envelope as a voter, shall have already\nvoted in person at such district election, or if his or her name,\nresidence 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 secretary\nof the district. If such person is found to be registered and has not\nso voted in person, and if no objection is made, or if an objection made\nbe not 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 election inspectors shall enter the\nwords "absentee vote" at an appropriate place in the register.\n 11. During such examination any qualified voter present in the\npolling place may object to the voting of the ballot contained in any\nenvelope upon the ground or grounds (a) that the person named thereon is\nnot a qualified voter of the district, or (b) that he or she was within\nthe county or city while the polls of the election were open, except\nwhere the applicant is a patient in a hospital located within the county\nor city or detained or confined in a jail located within the county or\ncity and except where the ballot was obtained upon the ground of\ninability to appear personally at the polling place on the day of the\nfire district election because of illness or physical disability, or (c)\nthat he or she was able to appear personally while the polls were open,\nin cases where the ballot was obtained upon the ground that the voter\nwas a patient in a hospital located within the county or city or\ndetained or confined in a jail located within the county or city or upon\nthe ground of inability to appear personally at the polling place on the\nday of the election because of illness or physical disability, or (d)\nthat he or she was not entitled to cast such ballot. An election\ninspector shall make such an objection if he or she shall know or\nsuspect that the person named on such envelope is not such a qualified\nvoter or was so within the district or was able so to appear personally,\nor was not entitled to cast such ballot. The election inspectors shall\nforthwith proceed to determine each objection including any written\nchallenge transmitted to them by the district secretary as provided in\nsubdivision six of this section. Unless the election inspectors, by\nmajority vote, shall sustain the objection, the chairman, or if he or\nshe refuses, another election inspector shall endorse upon the envelope\nthe 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 election 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 secretary of the district. If the election\ninspectors shall have received an envelope endorsed with the name of a\nperson who to the knowledge of the election inspectors is deceased on\nthe day of the election, the election inspectors shall return such\nenvelope unopened to the secretary of the district with the words\n"deceased--objection sustained" endorsed on the envelope.\n 12. If the election inspectors shall have received an envelope, and\nupon opening the same no ballot shall be found therein, the election\ninspectors shall make a memorandum showing that the ballot is missing.\nWhen the casting of absentee voters' ballots shall have been completed,\nthe election inspectors shall ascertain the number of such ballots which\nhave been deposited in the ballot box by deducting from the number of\nenvelopes opened the number of missing ballots, and shall make a\nseparate return thereof in duplicate. The number of absentee voters'\nballots deposited in the ballot box shall be added to the number of\nother ballots deposited in the ballot box in order to determine the\nnumber of all ballots to be accounted for in the ballot box. Such\nballots shall then be counted or canvassed by the election inspectors\nalong with the other ballots cast at such district election, or, where\nvoting machines are used, shall be added to the votes recorded on such\nmachines.\n 13. The provisions of this section shall apply to absentee ballots at\nfire district elections, notwithstanding any other provision of law. The\nprovisions of any other law as they relate to fire district elections\nnot inconsistent herewith shall apply to the conduct of such elections.\n