N.Y. TWN Law § 84-A — New York Code / Act TWN / Article 6 / Section 84-A
Absentee ballots for special town elections; special provisions
Status: in_force

§ 84-a. Absentee ballots for special town elections; special\nprovisions. 1. Absentee ballots shall be provided for all special town\nelections for which personal registration is required.\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 town in which he resides; (3) that he is registered in the town;\n(4) that he will be unable to appear to vote in person on the day of the\nelection for which the absentee ballot is requested because he is, or\nwill be on such day (a) a patient in a hospital, or unable to appear\npersonally at the polling place on such day because of illness or\nphysical disability or (b) because his duties, occupation or business\nwill require him to be outside of the county of his residence on such\nday, (c) because he will be on vacation outside the county of his\nresidence on such day; or, (d) absent from his voting residence because\nhe is detained in jail awaiting action by a grand jury or awaiting trial\nor is confined in prison after conviction for an offense other than a\nfelony.  Such application must be received by the town clerk 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 nature\nas ordinarily to require such absence, a brief description of such\nduties, occupation or business shall be set forth in such affidavit; and\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 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 town, shall be entitled to vote as an\nabsentee 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 town on the day of the special\ntown election by reason of accompanying or being with the spouse, child\nor parent who is or would be, if he were a qualified voter, so entitled\nto apply for the right to vote by absentee ballot, and, in the event no\napplication is made by such spouse, child or parent, such further\ninformation as the town shall 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 town 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 town clerk, upon being advised by the board of elections\non or with the list of registered voters that the registration record of\na voter is marked "permanently disabled", shall send an absentee ballot\nto such voter at his last known address by first class mail with a\nrequest to the postal authorities not to forward same but to return same\nin five days in the event that it cannot be delivered to the addressee.\nThe board of inspectors of the election district shall make an\nappropriate entry on the registration record indicating the fact that an\nabsentee ballot has been sent 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 board of inspectors shall be satisfied that the applicant is\na qualified voter of the town, and entitled to vote by absentee ballot,\nsuch board of inspectors shall place his name upon a list, thereupon the\napplicant shall be issued or mailed an absentee voter's ballot and the\ntown clerk shall make an appropriate entry on the list indicating that\nan absentee ballot has been applied for by, and issued to, the\napplicant.\n  4.  Ballots for absentee voters shall be, as nearly as practicable, in\nthe same form as those to be voted at the town election.  On the back of\nsuch absentee ballots shall be printed the words "Official Ballot,\nAbsentee 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                          Special Town Election\n      Name of Voter.........................................\n      Residence (street and number, if any).................\n      Town of...............................................\n      County of.............................................\n  The  date  of  the election and name of the town shall be printed, and\nthe name of the voter, residence and district shall be written in by the\ntown clerk.\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 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 special town election; that I will have been a resident of this\nstate and of the town shown on the reverse side of this envelope for\nthirty days next preceding the said election; that I am or on such date\nwill be, a registered voter of said town; that I will be unable to\nappear personally on the day of said special town election at the\npolling place of the election district in which I am or will be a\nqualified voter because of the reason stated on my application\nheretofore submitted; that I have not qualified, or do I intend to vote,\nelsewhere than as set forth on the reverse side of this envelope; that I\nhave not received or offered, do not expect to receive, have not paid,\noffered or promised to pay, contributed, offered or promised to\ncontribute to another to be paid or used, any money or other valuable\nthing, as a compensation or reward for the giving or withholding of a\nvote at this special town election, and have not made any promise to\ninfluence the giving or withholding of any such votes; that I have not\nmade or become directly or indirectly interested in any bet or wager\ndepending upon the result of this special town election; and that I have\nnot been convicted of bribery or any infamous crime, or, if so\nconvicted, that I have been pardoned or restored to all the rights of a\ncitizen, without restriction as to the right of suffrage, or received a\ncertificate of relief from disabilities or a certificate of good conduct\npursuant to article twenty-three of the correction law removing my\ndisability 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 town clerk not later than five\nP.M. on 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 town clerk shall make a list of all persons to whom absentee\nvoter's ballots shall have been issued and keep such list on file in his\noffice where it shall be available for public inspection during regular\noffice hours until the day of the election. Any qualified voter may,\nupon examination of such list, file a written challenge of the\nqualifications as a voter of any person whose name appears on such list,\nstating the reasons for such challenge. A challenge to an absentee\nballot may not be made on the basis that the voter should have applied\nfor an early mail ballot. Such written challenge shall be transmitted by\nthe town clerk to 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 town clerk 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 he shall require, and such commissioner and officers and members of\nthe police force shall be authorized to render such assistance.\n  b.  The board of inspectors may require any person to attend before it\nat the office of the town clerk of the district and be examined as to\nany matter in relation to which such board is charged with a duty under\nthis section, and may issue a subpoena therefor.  Each member of such\nboard of inspectors district shall be authorized to administer any oath\nthat may be required or authorized 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 town clerk not later than five\nP.M. on the day of the election.\n  9.  The town clerk shall, on the day of the election, transmit all\nabsentee voters' envelopes, received by him in accordance with\nsubdivision eight of this section, to the inspectors of election.\n  10.  If, at the election, any absentee voters' envelopes shall have\nbeen received at the polling place, the inspectors of election\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\ninspectors shall certify thereto by signing their initials opposite the\nname of the voter at the appropriate place in the register.  If a person\nwhose name is on an envelope as a voter, shall have already voted in\nperson at such special town election, or if his name, residence and\nsignature, as stated on the envelope, are not on the register, or if\nthere is no signature on the envelope, this envelope shall be laid aside\nunopened and be returned unopened to the town clerk.  If such person is\nfound to be registered and has not so voted in person, and if no\nobjection is made, or if an objection made be not sustained, the\nenvelope shall be opened and the ballot withdrawn without unfolding and\ndeposited in the proper box or boxes. At the time of the deposit of such\nballot, the inspectors shall enter the words "absentee vote" at an\nappropriate 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 town, or (b) that he was within the county\nwhile the polls of the election were open, except where the applicant is\na patient in a hospital located within the county or city or detained or\nconfined in a jail located within the county and except where the ballot\nwas obtained upon the ground of inability to appear personally at the\npolling place on the day of the special town election because of illness\nor physical disability, or (c) that he was able to appear personally\nwhile the polls were open, in cases where the ballot was obtained upon\nthe ground that the voter was a patient in a hospital located within the\ncounty or detained or confined in a jail located within the county or\nupon the ground of inability to appear personally at the polling place\non the day of the election because of illness or physical disability, or\n(d) that he was not entitled to cast such ballot.  An inspector shall\nmake such an objection if he shall know or suspect that the person named\non such envelope is not such a qualified voter or was so within the\ncounty or was able so to appear personally, or was not entitled to cast\nsuch ballot.  The election inspectors shall forthwith proceed to\ndetermine each objection including any written challenge transmitted to\nthem by the town clerk as provided in subdivision six of this section.\nUnless the inspectors, by majority vote, shall sustain the objection,\nthe chairman, 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 town clerk.  If the inspectors of election shall have\nreceived 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 town clerk with\nthe words "deceased--objection sustained" endorsed 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 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 in\nspecial town elections, notwithstanding any other provision of law. The\nprovisions of any other law as they relate to special town elections not\ninconsistent herewith shall apply to the conduct of such elections.\n