§ 213-B — Absentee ballots for improvement district elections; special provisions

New York § 213-B

• Jurisdiction: New York
• Law TWN: Town
• Art. 13: Improvement District Commissioners

Text

§ 213-b. Absentee ballots for improvement district elections; special\nprovisions. 1. The board of commissioners of any improvement district in\nwhich commissioners are elected, may, by resolution, provide for\nabsentee ballots for the election of the commission, in accordance with\nthe provisions of this section. Such resolution shall take effect at\nthe first such election held more than sixty days after its adoption and\nshall continue in effect for all such elections until a subsequent\nresolution providing otherwise 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 name and residence address, including\nthe street and number, if any, or town and rural delivery route, if any;\n(2) that he is or will be, on the day of the election, a qualified voter\nof the district in which he resides in that he is or will be, on such\ndate, over eighteen years of age, a citizen of the United States and has\nor will have resided in the district for thirty days next preceding such\ndate; (3) that he is registered in the town; (4) that he will be unable\nto appear to vote in person on the day of the election for which the\nabsentee ballot is requested because he is, or will be on such day (a) a\npatient in a hospital, or unable to appear personally at the polling\nplace on such day because of illness or physical disability or (b)\nbecause his duties, occupation or business will require him to be\noutside of the county or city of his residence on such day, (c) because\nhe will be on vacation outside the county or city of his residence on\nsuch day; or, (d) absent from his voting residence because he is\ndetained in jail awaiting action by a grand jury or awaiting trial or is\nconfined in prison after conviction for an offense other than a felony.\nSuch application must be received by the district secretary at least\nseven days before the election if the ballot is to be mailed to the\nvoter, or the day before the election, if the ballot is to be delivered\npersonally to the voter or his agent.\n b. (1) Where such duties, occupation or business are of such a\nnature as ordinarily to require such absence, a brief description of\nsuch duties, occupation or business shall be set forth in such\naffidavit. (2) Where such duties, occupation or business are not of\nsuch a nature as ordinarily to require such absence, such application\nshall contain a statement of the special circumstances on account of\nwhich such absence is required.\n c. Where the applicant expects in good faith to be absent on the day\nof the election because he will be on vacation elsewhere on such day,\nsuch application shall also contain the dates upon which he expects to\nbegin and end such vacation, the place or places where he expects to be\non such vacation, the name and address of his employer, if any, and if\nself-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 were a qualified voter,\nentitled to apply for the right to vote by absentee ballot under the\nprovisions of this section, his spouse, parent or child, if a qualified\nvoter and a resident of the same district, shall be entitled to vote as\nan absentee voter upon personally making and signing an application in\naccordance with the preceding provisions of this subdivision and showing\nthat he expects to be absent from the district on the day of the\ndistrict election by reason of accompanying or being with the spouse,\nchild or parent who is or would be, if he were a qualified voter, so\nentitled to apply for the right to vote by absentee ballot, and, in the\nevent no application is made by such spouse, child or parent, such\nfurther information as the improvement district shall require.\n f. 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 g. An applicant whose ability to appear personally at the polling\nplace of the district of which he is a qualified voter is substantially\nimpaired by reason of permanent illness or physical disability and whose\nregistration record has been marked "permanently disabled" by the board\nof elections pursuant to the provisions of the election law shall be\nentitled to receive an absentee ballot pursuant to the provisions of\nthis section without making separate application for such absentee\nballot, and the secretary of the improvement 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 last known\naddress by first class mail with a request to the postal authorities not\nto forward same but to return same in five days in the event that it\ncannot be delivered to the addressee. The board of inspectors of the\nimprovement district shall make an appropriate entry on the registration\nrecord indicating the fact that an absentee ballot has been sent and the\ndate 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 board of inspectors of the improvement district shall be\nsatisfied that the applicant is a qualified voter of the district, and\nentitled to vote by absentee ballot, such board of inspectors shall\nplace his name upon a list, thereupon the applicant shall be issued or\nmailed an absentee voter's ballot and the secretary of the board of\ninspectors of the improvement district shall make an appropriate entry\non the list indicating that an absentee ballot has been applied for by,\nand 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 conform as closely as possible to the\nmanner in which the names of the candidates appear on the voting\nmachines, except that the absentee ballot shall also contain a space for\na write-in or write-ins. On the back of such absentee ballots shall be\nprinted the words "Official Ballot, Absentee Voter," followed by the\nwords "For Members of the board of commissioners of Improvement\ndistrict."\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 Election of Members\n at\n Improvement District Election\nName of Voter ..........................................................\nResidence (street and number, if any) ..................................\nCity (or Town) of ......................................................\nCounty of ..............................................................\nImprovement 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 improvement 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 vote may 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. a. The secretary of the improvement district shall make a list of\nall persons to whom absentee voter's ballots shall have been issued and\nkeep such list on file in the improvement office where it shall be\navailable for public inspection during regular office hours until the\nday of the election. Any qualified voter may, upon examination of such\nlist, file a written challenge of the qualifications as a voter of any\nperson whose name appears on such list, stating the reasons for such\nchallenge. Such written challenge shall be transmitted by the secretary\nto the inspectors 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 challenge and the reasons therefor known to the inspectors of\nelection before the close of the polls.\n 7. a. The secretary of the improvement district shall be authorized\nto call upon the commissioner of police and the officers and members of\nthe police force for such assistance in the enforcement of the\nprovisions of this section as such board shall require, and such\ncommissioner and officers and members of the police force shall be\nauthorized to render such assistance.\n b. The board of inspectors of the improvement district may require\nany person to attend before it 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 board of 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 in accordance\nwith subdivision eight of this section, to the inspectors of election.\n 10. If, at the district election, any absentee voters' envelopes\nshall have been received at the polling place, the inspectors of\nelection immediately after the closing of the polls shall examine them,\nand 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 district election, or if his 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 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\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 was within the\ncounty or city while the polls of the election were open, except where\nthe applicant is a patient in a hospital located within the county or\ncity or detained or confined in a jail located within the county or city\nand except where the ballot was obtained upon the ground of inability to\nappear personally 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 district or was able so\nto appear personally, or was not entitled to cast such ballot. The\nelection inspectors shall forthwith proceed to determine each objection\nincluding any written challenge transmitted to them by the district\nsecretary as provided in subdivision six of this section. Unless the\ninspectors, by majority vote, shall sustain the objection, the chairman,\nor if he refuses, another inspector shall endorse upon the envelope the\nobjection and the words "not sustained," shall sign such endorsement,\nand shall open the envelope and deposit the ballot as provided in this\nsection. Should the inspectors, by majority vote, sustain such\nobjection, the objection and word "sustained" shall be similarly\nendorsed upon the envelope, the envelope shall not be opened nor the\nballots therein canvassed, and such envelope shall be returned unopened\nto the secretary of the district. If the inspectors of election shall\nhave received an envelope endorsed with the name of a person who to the\nknowledge of the inspectors is deceased on the day of the election, the\ninspectors shall return such envelope unopened to the secretary of the\ndistrict with the words "deceased--objection sustained" endorsed on the\nenvelope.\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 district election, or, where voting machines\nare used, shall be added to the votes recorded on such machines.\n 13. The provisions of this section shall apply to absentee ballots at\nimprovement district elections, notwithstanding any other provision of\nlaw. The provisions of any other law as they relate to improvement\ndistrict elections not inconsistent herewith shall apply to the conduct\nof such elections.\n