NY Town L § 84-A (2021)
2021 New York Laws TWN - Town Article 6 - Town Elections 84-A - Absentee Ballots for Special Town Elections; Special Provisions.

§   84-a.   Absentee  ballots  for  special  town  elections;  special   provisions. 1. Absentee ballots shall be provided for all  special  town   elections for which personal registration is required.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 town in which he resides; (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 of his  residence  on  such   day,  (c)  because  he  will  be  on  vacation outside the county 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 town  clerk  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; and   (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 town, 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 town on the day of the special   town 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 town 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 town 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 town clerk, 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  election  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 shall be satisfied that the applicant is   a qualified voter of the town, 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   town clerk 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 town election.  On the back of   such absentee ballots shall  be  printed  the  words  "Official  Ballot,   Absentee Voter".5.  a.  The  board of registration shall enclose each absentee voter's   ballot in an envelope which shall be labelled:ELECTION MATERIALPLEASE EXPEDITEOn one side of such envelope shall be printed:OFFICIAL BALLOT, ABSENTEE VOTERforSpecial Town ElectionName of Voter.........................................Residence (street and number, if any).................Town of...............................................County of.............................................The date of the election and name of the town shall  be  printed,  and   the name of the voter, residence and district shall be written in by the   town clerk.b. On the reverse side of such envelope shall be printed the following   statement:STATEMENT OF ABSENTEE VOTERI  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  special  town  election;  that  I will have been a resident of this   state and of the town shown on the reverse side  of  this  envelope  for   thirty  days next preceding the said election; that I am or on such date   will be, a registered voter of said town;  that  I  will  be  unable  to   appear  personally  on  the  day  of  said  special town election at the   polling place of the election 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 special town 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 special town 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 town clerk  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 town clerk shall make  a  list  of  all  persons  to  whom   absentee  voter's  ballots  shall have been issued and keep such list on   file in his 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  town  clerk  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  town  clerk  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 he 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 may require any person to attend before it   at  the  office  of the town clerk of the district and be examined as to   any matter in relation to which such board 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 town clerk not later  than  five   P.M. on the day of the election. 9.    The  town  clerk 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 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  special  town  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 town clerk.  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 town, or (b) that he was within the  county   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 and except where the ballot   was  obtained  upon  the ground of inability to appear personally at the   polling place on the day of the special town 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 detained or confined in a jail located within  the  county  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   county 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 town clerk 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 town clerk.   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  town  clerk  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  in   special  town elections, notwithstanding any other provision of law. The   provisions of any other law as they relate to special town elections not   inconsistent herewith shall apply to the conduct of such elections.