N.Y. ELN Law § 15-119 — New York Code / Act ELN / Article 15 / Section 15-119
Early mail voting at village elections
Status: in_force

§ 15-119. Early mail voting at village elections. 1. A registered\nvoter of a village may vote by early mail ballot under this section for\na general or special village election in which the voter is eligible to\nvote.\n  2. A registered voter desirous of obtaining an early mail ballot shall\nmake written application therefor to the village clerk. Application\nforms for use pursuant to this section shall be in a form prescribed by\nthe state board of elections. The use of any application which is on a\nform prescribed by the state board of elections shall be acceptable.\n  3. An application for an early mail ballot must be signed by the\napplicant. If a person entitled to an early mail ballot is unable to\nsign their application because of illness, physical disability or\ninability to read, they shall be excused from signing upon making a\nstatement, in substantially the following form, which shall be witnessed\nby one person: "I hereby state that I am unable to sign my application\nfor an early mail ballot without assistance because I am unable to write\nby reason of illness or physical disability or because I am unable to\nread. I have made, or have received assistance in making, my mark in\nlieu of my signature."\n                                                  ......................\n                                                  (Date)\n                                                  ......................\n                                                  (Mark)\n                                                  ......................\n                                                  (Name of Voter)\n"I, the undersigned, hereby certify that the above named voter affixed\ntheir mark to this application in my presence and I know them to be the\nperson who affixed their mark to said application and understand that\nthis statement will be accepted for all purposes as the equivalent of an\naffidavit and if it contains a material false statement, shall subject\nme to the same penalties as if I had been duly sworn."\n                                                 .......................\n                                                  (Signature of Witness)\n                                                 .......................\n                                                  (Address of Witness)\nSuch statement shall be included in the application blank form furnished\nby the village clerk.\n  4. The application for an early mail ballot when filed must contain in\neach instance the following information:\n  (a) 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 their\nvillage and an address to which the ballot shall be mailed.\n  (b) A statement that the applicant is a registered voter.\n  (c) Such application shall permit the applicant to apply for an early\nmail ballot for a single election or for all remaining elections in the\ncalendar year for which the voter is eligible to vote.\n  5. The application for an early mail ballot shall also provide the\napplicant the opportunity to provide their telephone number and e-mail\naddress.\n  6. Printed forms containing the application for the early mail 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 early mail ballots for use pursuant to this\nsection shall be furnished by the village clerk upon request of the\nperson authorized to vote under this section or by any such person's\nspouse, parent, child, authorized agent or any nurse charged with the\ncare of such person.\n  7. An application must be received by the village clerk no earlier\nthan four months before the election for which an early mail ballot is\nsought, except as provided in paragraph (c) of subdivision four of this\nsection. If the application requests that the early mail ballot be\nmailed, such application must be received not later than seven days\nbefore the election. If the applicant or their agent delivers the\napplication to the village clerk in person, such application must be\nreceived not later than the day before the election. The village clerk\nshall examine each application. If the application is complete, the\napplicant is a registered voter of the village at the address listed in\nthe application, and the applicant is eligible to vote in the election,\nthe application shall be deemed accepted.\n  8. No later than six days before the election for which an application\nhas been received and accepted by the village clerk, the village clerk\nshall mail, by regular mail, an early mail ballot to each applicant who\nhas applied before such day and who has requested that such early mail\nballot be mailed to them at the address set forth in their application.\nIf the applicant or their agent delivers the application to the village\nclerk in person after the seventh day before the village election and\nnot later than the day before the election, the village clerk shall\nforthwith deliver such early mail ballots for those applicants whom they\ndetermine are qualified to make such applications and to receive such\nballots to such applicants or the agents named in the applications when\nsuch applicants or agents appear in the village clerk's office.\n  9. The early mail ballot shall be caused to be prepared and printed by\nthe village clerk as provided by law for paper ballots or machine\nballots, whichever are to be used in said election and appropriate\nmodifications for the purposes of this section. The village clerk shall\nalso cause to be prepared and printed return envelopes addressed to\nthemself, conforming so far as may be practicable to the provisions of\nthis chapter stating thereon that in order for the ballot contained\ntherein to be counted it must be received by the village clerk not later\nthan the close of the polls on election day. On the reverse side of each\nreturn envelope there shall be written instructions for the voter to\ninsert at designated places their signature, their name printed, their\nresidence address within the village and their village election district\nif there be more than one district within the village.\n  10. The method of marking, preparing and mailing such ballot for\nvoting shall conform, wherever practicable, to the methods used for\nearly mail ballots for a general election, except that the envelope in\nwhich it is contained shall be returned to the village clerk. On the day\nof the election, the village clerk shall deliver all such ballots, which\nhave been returned to them, in the sealed envelopes to the board of\ninspectors of election of the proper election district. No such ballot\nshall be deemed to have been voted unless or until it shall have been\ndelivered to the board of inspectors of election of the election\ndistrict in which the elector casting the ballot resides and shall have\nbeen deposited by the chairman of such board in the box provided for\nreceiving such ballot.\n  11. When such ballots shall have been delivered to the board of\ninspectors of election of the proper election district and shall have\nbeen duly determined by such board to have been lawfully cast by a\nqualified elector of such district, the chairman of such board shall,\nafter the close of the polls, open the envelopes containing such ballots\nand, without unfolding such ballots or permitting the face thereof to be\nexposed to the view of anyone, shall deposit each such ballot in a box\nspecifically furnished for such purpose by the village clerk. If the\nboard of inspectors shall determine that any such ballot has been cast\nby an elector who would not be qualified under the provisions of this\nsection, then such ballot shall not be counted.\n  12. After all the ballots shall have been deposited, the box shall be\nopened and such ballots canvassed in the same manner as other ballots\ncast at such election and shall be counted and included in the total of\nall ballots cast at such election.\n