NY Elec L § 15-122 (2021)
2021 New York Laws ELN - Election Article 15 - Village Elections 15-122 - Absentee Voting at Village Elections for Persons Unable to Appear Because of Illness or Physical Disability.

§  15-122.  Absentee voting at village elections for persons unable to appear because of illness or physical disability. 1. A qualified elector of a village, who, on the occurrence of any general or  special  village election, may be within the county of his residence but unable to appear personally  at the polling place in the village of his residence because of illness, physical disability or confinement either at home  or  in  a hospital  or institution, other than a mental institution may vote as an absentee voter under this section.   2. Any elector of a village to whom this section may apply shall  make application   to   the  village  clerk  for  an  absentee  ballot.  Such application shall  set  forth  the  name  and  village  address  of  the applicant,  that  he  is  a  qualified  voter of the village or election district if any, and that he  was  advised  by  his  physician,  medical superintendent,  administrative  head  of  hospital  or  institution, or Christian  Science  Practitioner  that  he  will  be  unable  to  appear personally  at  the  polling  place  within  the  village because of the reasons set forth in subdivision one.  Such statement shall be  accepted for  all  purposes as the equivalent of an affidavit, and if false shall subject the applicant to the same penalties  as  if  he  had  been  duly sworn.  Such  provision shall be printed in bold type directly above the signature line of the application.   3. Such statement, if made by an elector who resides in a  village  in which  personal  registration is required shall state that the applicant has registered, giving the date of such registration  and  his  election district  if  any.    If  made by an elector who resides in a village in which personal registration is not required, it shall state that he  has nevertheless  registered;  or  that  he  has  registered  for  the  last preceding general election; or that he has voted in either  or  both  of the two preceding general elections.   4.  Any elector who is duly registered and who is permanently disabled may make application to the village clerk for a form  which  such  clerk shall  supply  for  the purpose of providing for the mailing of absentee ballots to permanently disabled  voters.  Such  form  shall  contain  an affidavit  to  be executed by the elector showing the particulars of his disability.   Upon the filing of  such  application  the  inspectors  of election  shall investigate the facts stated therein and if satisfied as to the truth thereof may approve such  application  and  in  such  event shall  cause  the registration record of the voter, if any, to be marked "PERMANENTLY DISABLED". The inspectors shall also  cause  to  be  marked "PERMANENTLY  DISABLED",  the  registration poll records of those voters who are indicated as permanently disabled  on  the  list  of  registered voters  received  from  the  board of elections. Thereafter, the village clerk shall send an absentee voter's ballot for each  election  to  such elector  by first class mail to his last known address with a request to the postal authorities not to forward such ballot but to  return  it  in five days in the event that it cannot be delivered to the addressee. The mailing  of  such  ballot or ballots for each election shall continue as long as the elector remains a qualified voter of the village and  unless it  appears  that  such  person has failed to return such ballot for the last two successive general village elections. Upon the mailing of  such ballot  or  ballots, the village clerk shall cause the fact and the date of such mailing to be recorded next to the name  of  the  voter  in  the register  of  the  village  or  appropriate  election  district.  If the inspectors of election shall determine that such elector is not entitled to an absentee voter's ballot, or if  they  shall  determine  that  such elector is no longer entitled to receive such ballot without application they shall notify such elector in writing giving him the reason for such rejection or decision.    5.  If  a  person entitled to an absentee ballot under this section is unable to sign his application because of illness or physical disability he shall be excused from signing upon making a statement, which shall be witnessed by one person, in substantially the following form: "I  hereby state  that  I  am unable to sign any application for an absentee ballot without assistance because I am unable to write by reason of my  illness or  physical  disability.  I  have  made, or have received assistance in making, my mark in lieu of my signature".                                                   ................(Mark) ................                                  ......................  (Date)                                      Signature of Witness)   Such statement  shall  be  included  in  the  application  blank  form furnished by the village clerk.   6.  Printed  forms containing the application for the absentee ballot, in accordance with the requirements of this section,  shall  be  in  the form prescribed by the state board of elections and shall be provided by the  village  clerk  and  shall be available at the office of the clerk. Application forms for absentee ballots for use pursuant to this  section shall  be  furnished  by  the  village  clerk upon request of the person authorized to vote under this section or by any  such  person's  spouse, parent,  child,  authorized  agent or any nurse charged with the care of such person.