NY Town L § 213-B (2021)
2021 New York Laws TWN - Town Article 13 - Improvement District Commissioners 213-B - Absentee Ballots for Improvement District Elections; Special Provisions.

§  213-b. Absentee ballots for improvement district elections; special   provisions. 1. The board of commissioners of any improvement district in   which  commissioners  are  elected,  may,  by  resolution,  provide  for   absentee ballots for  the election of the commission, in accordance with   the  provisions  of this section.   Such resolution shall take effect at   the first such election held more than sixty days after its adoption and   shall continue in effect for  all  such  elections  until  a  subsequent   resolution providing otherwise shall, in like manner, have taken effect.2.  a.  An  applicant  for  such  an  absentee  ballot shall submit an   application setting forth (1) his name and residence address,  including   the street and number, if any, or town and rural delivery route, if any;   (2) that he is or will be, on the day of the election, a qualified voter   of  the  district  in which he resides in that he is or will be, on such   date, over eighteen years of age, a citizen of the United States and has   or will have resided in the district for thirty days next preceding such   date; (3) that he is registered in the town; (4) that he will be  unable   to  appear  to  vote  in person on the day of the election for which the   absentee ballot is requested because he is, or will be on such day (a) a   patient in a hospital, or unable to appear  personally  at  the  polling   place  on  such  day  because  of  illness or physical disability or (b)   because his duties, occupation  or  business  will  require  him  to  be   outside  of the county or city of his residence on such day, (c) because   he will be on vacation outside the county or city of  his  residence  on   such  day;  or,  (d)  absent  from  his  voting  residence because he is   detained in jail awaiting action by a grand jury or awaiting trial or is   confined in prison after conviction for an offense other than a  felony.   Such  application  must  be  received by the district secretary at least   seven days before the election if the ballot is  to  be  mailed  to  the   voter,  or the day before the election, if the ballot is to be delivered   personally to the voter or his agent.b.  (1)   Where such duties, occupation or  business  are  of  such  a   nature  as  ordinarily  to  require such absence, a brief description of   such  duties,  occupation  or  business  shall  be  set  forth  in  such   affidavit.    (2)  Where  such duties, occupation or business are not of   such a nature as ordinarily to require such  absence,  such  application   shall  contain  a  statement  of the special circumstances on account of   which such absence is required.c.  Where the applicant expects in good faith to be absent on the  day   of  the  election  because he will be on vacation elsewhere on such day,   such application shall also contain the dates upon which he  expects  to   begin  and end such vacation, the place or places where he expects to be   on such vacation, the name and address of his employer, if any,  and  if   self-employed, a statement to that effect.d.   Where the absence is because of detention or confinement to jail,   such affidavit shall state whether the voter is detained awaiting action   of the grand jury or is confined after conviction for an  offense  other   than a felony.e.    Where  a  person  is  or would be, if he were a qualified voter,   entitled to apply for the right to vote by  absentee  ballot  under  the   provisions  of this section, his spouse, parent or child, if a qualified   voter and a resident of the same district, shall be entitled to vote  as   an  absentee  voter upon personally making and signing an application in   accordance with the preceding provisions of this subdivision and showing   that he expects to be absent  from  the  district  on  the  day  of  the   district  election  by  reason of accompanying or being with the spouse,   child or parent who is or would be, if he were  a  qualified  voter,  so   entitled  to apply for the right to vote by absentee ballot, and, in the    event no application is made by  such  spouse,  child  or  parent,  such   further information as the improvement district shall require.f. Such application shall include the following statement to be signed   by the voter.I hereby declare that the foregoing is a true statement to the best of   my  knowledge  and  belief, and I understand that if I make any material   false statement in the foregoing statement of application  for  absentee   ballots, I shall be guilty of a misdemeanor.Date ................... Signature of Voter .......................g.  An  applicant  whose  ability  to appear personally at the polling   place of the district of which he is a qualified voter is  substantially   impaired by reason of permanent illness or physical disability and whose   registration  record has been marked "permanently disabled" by the board   of elections pursuant to the provisions of the  election  law  shall  be   entitled  to  receive  an  absentee ballot pursuant to the provisions of   this section without  making  separate  application  for  such  absentee   ballot,  and  the  secretary  of  the  improvement  district, upon being   advised by the board of elections on or  with  the  list  of  registered   voters  that  the  registration record of a voter is marked "permanently   disabled", shall send an absentee ballot to such voter at his last known   address by first class mail with a request to the postal authorities not   to forward same but to return same in five days in  the  event  that  it   cannot  be  delivered  to  the addressee. The board of inspectors of the   improvement district shall make an appropriate entry on the registration   record indicating the fact that an absentee ballot has been sent and the   date of mailing.3.  If, upon examining the application required under  the  provisions   of  subdivision  two  of this section, and upon such inquiry as it deems   proper, the board of inspectors of the  improvement  district  shall  be   satisfied  that  the applicant is a qualified voter of the district, and   entitled to vote by absentee ballot,  such  board  of  inspectors  shall   place  his  name upon a list, thereupon the applicant shall be issued or   mailed an absentee voter's ballot and the  secretary  of  the  board  of   inspectors  of  the improvement district shall make an appropriate entry   on the list indicating that an absentee ballot has been applied for  by,   and issued to, the applicant.4.  Ballots for absentee voters shall be, as nearly as practicable, in   the same form as those to be voted at the district election; if the vote   at  such  election shall be by ballot, the absentee ballot shall conform   to that part of the regular ballot which  relates  to  the  election  of   district  members;  if  the  vote  of  such  election shall be by voting   machine, the absentee ballot shall conform as closely as possible to the   manner in which the  names  of  the  candidates  appear  on  the  voting   machines, except that the absentee ballot shall also contain a space for   a  write-in or write-ins.  On the back of such absentee ballots shall be   printed the words "Official Ballot, Absentee  Voter,"  followed  by  the   words  "For  Members  of  the  board  of  commissioners  of  Improvement   district."5. a. The board of registration shall enclose  each  absentee  voter's   ballot in an envelope which shall be labelled: ELECTION MATERIALPLEASE EXPEDITE On one side of such envelope shall be printed: OFFICIAL BALLOT, ABSENTEE VOTERfor Election of MembersatImprovement District Election    Name of Voter ..........................................................   Residence (street and number, if any) ..................................   City (or Town) of ......................................................   County of ..............................................................   Improvement district ................................................... The  date  of  the election and name of the district shall be printed,   and the name of the voter, residence and district shall be written in by   the improvement district.b.   On the reverse  side  of  such  envelope  shall  be  printed  the   following statement:STATEMENT OF ABSENTEE VOTER I  do declare that I will have been a citizen of the United States for   thirty days, and will be at least eighteen years of age, on the date  of   the  district  election;  that I will have been a resident of this state   and of the district if any, shown on the reverse side of  this  envelope   for  thirty  days  next  preceding the said election and that I am or on   such date will be, a registered voter of said district; that I  will  be   unable  to appear personally on the day of said district election at the   polling place of the said district in which I am or will be a  qualified   voter  because  of  the  reason  stated  on  my  application  heretofore   submitted; that I have not qualified, or do I intend to vote,  elsewhere   than  as set forth on the reverse side of this envelope; that I have not   received or offered, do not expect to receive, have not paid, offered or   promised to pay, contributed,  offered  or  promised  to  contribute  to   another  to  be  paid  or  used, any money or other valuable thing, as a   compensation or reward for the giving or withholding of a vote  at  this   district election, and have not made any promise to influence the giving   or  withholding  of  any  such  votes;  that  I  have not made or become   directly or indirectly interested in any bet or wager depending upon the   result of this district election; and that I have not been convicted  of   bribery  or  any  infamous  crime, or, if so convicted, that I have been   pardoned or restored to all the rights of a citizen, without restriction   as to the right of suffrage, or received a certificate  of  relief  from   disabilities  or  a  certificate  of  good  conduct  pursuant to article   twenty-three of the correction law removing my  disability  to  register   and vote.I hereby declare that the foregoing is a true statement to the best of   my  knowledge  and  belief, and I understand that if I make any material   false statement in the foregoing statement of absentee voter, I shall be   guilty of a misdemeanor.Date............. Signature of Voter ..............................c.  The envelope shall be gummed, ready for sealing,  and  shall  have   printed  thereon, on the side opposite the statement, instructions as to   the duties  of  the  voter  after  the  marking  of  the  ballot,  which   instructions  shall  include  a  specific  direction  stating  that  the   envelope must reach the office of the district not later than five  P.M.   on the day of the election in order that his vote may be canvassed.d.    A  person  who  shall  make  any material false statement in the   statement of absentee  voter  appearing  on  the  reverse  side  of  the   envelope  as  provided  in  this  subdivision,  shall  be  guilty  of  a   misdemeanor. 6. a.  The secretary of the improvement district shall make a list  of   all  persons to whom absentee voter's ballots shall have been issued and   keep such list on file in the  improvement  office  where  it  shall  be   available  for  public  inspection during regular office hours until the   day  of the election.  Any qualified voter may, upon examination of such   list, file a written challenge of the qualifications as a voter  of  any   person  whose  name  appears  on such list, stating the reasons for such   challenge. Such written challenge shall be transmitted by the  secretary   to the inspectors of election on election day.b.    Such  list shall also be posted in a conspicuous place or places   during  the  election,  and  any  qualified  voter  may  challenge   the   acceptance of the absentee voter's ballot of any person on such list, by   making his challenge and the reasons therefor known to the inspectors of   election before the close of the polls.7.  a.   The secretary of the improvement district shall be authorized   to call upon the commissioner of police and the officers and members  of   the  police  force  for  such  assistance  in  the  enforcement  of  the   provisions of this  section  as  such  board  shall  require,  and  such   commissioner  and  officers  and  members  of  the police force shall be   authorized to render such assistance.b.  The board of inspectors of the improvement  district  may  require   any  person  to  attend  before it at the office of the secretary of the   district and be examined as to any matter  in  relation  to  which  such   district  is  charged  with  a  duty under this section, and may issue a   subpoena therefor.  Each member of such  board  of  inspectors  district   shall  be  authorized  to  administer  any  oath that may be required or   authorized by law in this connection.8.  No absentee voter's ballot shall be  canvassed,  unless  it  shall   have  been  received  in the office of the secretary of the district not   later than five P.M. on the day of the election.9.  The secretary of the district shall, on the day of  the  election,   transmit  all  absentee voters' envelopes, received by him in accordance   with subdivision eight of this section, to the inspectors of election.10.   If, at the district election,  any  absentee  voters'  envelopes   shall  have  been  received  at  the  polling  place,  the inspectors of   election immediately after the closing of the polls shall examine  them,   and  shall  compare  the  signature,  if  any, on each envelope with the   signature, if any, on the register, of the person of the same  name  who   registered  from  the  same  address.    If  the signatures are found to   correspond, the  inspectors  shall  certify  thereto  by  signing  their   initials  opposite the name of the voter at the appropriate place in the   register.  If a person whose name is on an envelope as  a  voter,  shall   have  already voted in person at such district election, or if his name,   residence and signature, as stated on  the  envelope,  are  not  on  the   register,  or  if  there  is no signature on the envelope, this envelope   shall be laid aside unopened and be returned unopened to  the  secretary   of  the district.   If such person is found to be registered and has not   so voted in person, and if no objection is made, or if an objection made   be not sustained, the envelope shall be opened and the ballot  withdrawn   without  unfolding and deposited in the proper box or boxes. At the time   of the deposit of such ballot, the  inspectors  shall  enter  the  words   "absentee vote" at an appropriate place in the register.11.    During  such  examination  any  qualified  voter present in the   polling place may object to the voting of the ballot  contained  in  any   envelope upon the ground or grounds (a) that the person named thereon is   not  a  qualified  voter  of the district, or (b) that he was within the   county or city while the polls of the election were open,  except  where   the  applicant  is  a patient in a hospital located within the county or    city or detained or confined in a jail located within the county or city   and except where the ballot was obtained upon the ground of inability to   appear personally at the polling place on the day of the school district   election  because  of illness or physical disability, or (c) that he was   able to appear personally while the polls were open, in cases where  the   ballot  was  obtained  upon the ground that the voter was a patient in a   hospital located within the county or city or detained or confined in  a   jail  located  within the county or city or upon the ground of inability   to appear personally at the polling place on the  day  of  the  election   because  of  illness  or  physical  disability,  or  (d) that he was not   entitled to cast such ballot.  An inspector shall make such an objection   if he shall know or suspect that the person named on  such  envelope  is   not  such a qualified voter or was so within the district or was able so   to appear personally, or was not entitled to  cast  such  ballot.    The   election  inspectors shall forthwith proceed to determine each objection   including any written challenge transmitted  to  them  by  the  district   secretary  as  provided  in subdivision six of this section.  Unless the   inspectors, by majority vote, shall sustain the objection, the chairman,   or if he refuses, another inspector shall endorse upon the envelope  the   objection  and  the  words "not sustained," shall sign such endorsement,   and shall open the envelope and deposit the ballot as provided  in  this   section.    Should  the  inspectors,  by  majority  vote,  sustain  such   objection,  the  objection  and  word  "sustained"  shall  be  similarly   endorsed  upon  the  envelope,  the envelope shall not be opened nor the   ballots therein canvassed, and such envelope shall be returned  unopened   to  the  secretary  of the district. If the inspectors of election shall   have received an envelope endorsed with the name of a person who to  the   knowledge  of the inspectors is deceased on the day of the election, the   inspectors shall return such envelope unopened to the secretary  of  the   district  with the words "deceased--objection sustained" endorsed on the   envelope.12. If the inspectors of election shall have received an envelope, and   upon opening the same no ballot shall be found therein,  the  inspectors   shall  make  a  memorandum  showing that the ballot is missing. When the   casting of absentee voters'  ballots  shall  have  been  completed,  the   inspectors  shall  ascertain  the number of such ballots which have been   deposited in the ballot box by deducting from the  number  of  envelopes   opened  the  number of missing ballots, and shall make a separate return   thereof in duplicate. The number of absentee voters'  ballots  deposited   in  the  ballot  box  shall  be  added  to  the  number of other ballots   deposited in the ballot box in order to  determine  the  number  of  all   ballots  to  be accounted for in the ballot box. Such ballots shall then   be counted or canvassed by the inspectors of  election  along  with  the   other  ballots cast at such district election, or, where voting machines   are used, shall be added to the votes recorded on such machines.13. The provisions of this section shall apply to absentee ballots  at   improvement  district  elections, notwithstanding any other provision of   law. The provisions of any other  law  as  they  relate  to  improvement   district  elections not inconsistent herewith shall apply to the conduct   of such elections.