NY Educ L § 2018-A (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 41 - District Meetings Part 1 - General Provisions 2018-A - Absentee Ballots for School District Elections.

§ 2018-a. Absentee ballots for school district elections. 1. The board of  education of any union free, central or central high school district which elects school board members by ballot and  provides  for  personal registration  of  voters,  shall  provide  for  absentee ballots for the election of members of the board of education and school district public library trustees, the adoption of the annual budget and school  district public  library  budget and referenda, in accordance with the provisions of this section.   1-a. In counties with a population of one million or more,  the  board of  education of any union free, central or central high school district which elects school board members by ballot and  provides  for  personal registration  of  voters  shall  provide  for  absentee  ballots for the election of members of the board of education and school district public library trustees, the adoption of the annual budget and school  district public  library  budget and referenda, in accordance with the provisions of this section.   2.  * a. A qualified voter may vote as an absentee  voter  under  this section  if  during all the hours of voting on the day of an election he or she will be:  (1) absent from the county of his or her residence; or  (2) unable to appear at  the  polling  place  because  of  illness  or physical  disability,  or  duties  related to the primary care of one or more individuals who are ill or physically disabled, or  because  he  or she  will  be or is a patient in a hospital, provided that, for purposes of this subparagraph, "illness" shall include, but not  be  limited  to, instances  where  a  voter is unable to appear personally at the polling place of the school district in which they are a qualified voter because there is a risk of contracting or spreading a  disease  that  may  cause illness to the voter or to other members of the public; or  (3) an inmate or patient of a veteran's administration hospital; or  (4)  absent  from  his  or  her  voting residence because he or she is detained in jail awaiting action by a grand jury or awaiting  trial,  or confined  in jail or prison after a conviction for an offense other than a felony, provided that he or she is qualified to vote in  the  election district of his or her residence.   * NB Effective until January 1, 2022   * a.  A  qualified  voter  may  vote  as  an absentee voter under this section if during all the hours of voting on the day of an  election  he or she will be:  (1) absent from the county of his or her residence; or  (2)  unable  to  appear  at  the  polling  place because of illness or physical disability, or duties related to the primary  care  of  one  or more  individuals  who  are ill or physically disabled, or because he or she will be or is a patient in a hospital; or  (3) an inmate or patient of a veteran's administration hospital; or  (4) absent from his or her voting  residence  because  he  or  she  is detained  in  jail awaiting action by a grand jury or awaiting trial, or confined in jail or prison after a conviction for an offense other  than a  felony,  provided that he or she is qualified to vote in the election district of his or her residence.   * NB Effective January 1, 2022   b. Each person entitled to vote as an absentee voter pursuant to  this section  and desirous of obtaining an absentee ballot shall make written application therefor to the district clerk. Application  forms  for  use pursuant  to  this  section  shall  be in a form prescribed by the state board of elections. The use of  any  application  which  is  on  a  form prescribed by the state board of elections shall be acceptable.    c.  The  application for an absentee ballot when filed must contain in each instance the following information:  (1)  Applicant's  full  name,  date  of  birth, and residence address, including the street and number, if any, rural delivery route,  if  any, mailing  address  if different from the residence address and an address to which the ballot shall be mailed.  (2) A statement that the  applicant  is  a  qualified  and  registered voter.  (3)  A statement, as appropriate, that on the day of such election the applicant  expects  in  good  faith  to  be  in  one  of  the  following categories:  (a) absent from the county of his or her residence; provided, however, if  the  applicant  expects to be absent from such county for a duration covering more than one election and seeks an absentee  ballot  for  each election,  he  or  she  shall  state the dates when he or she expects to begin and end such absence; or  (b) unable to appear at a polling place because of illness or physical disability or duties  related  to  the  primary  care  of  one  or  more individuals who are ill or physically disabled; or  (c) an inmate or patient of a veteran's administration hospital; or  (d) detained in jail awaiting action by a grand jury or awaiting trial or  confined  in  jail or prison after a conviction for an offense other than a felony and stating the place where he or she is  so  detained  or confined.   d. 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 ...........................    e.  An  applicant  whose  ability  to appear personally at the polling place of the school district of which he or she 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 board of registration 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  or  her  last  known address 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  education  shall  determine  whether  such ballot  shall  be  sent  by  first  class or by certified mail. All such ballots shall be mailed in the same manner as determined by the board of education. The board of registration shall make an appropriate entry  on the  registration  indicating  the fact that an absentee ballot has been sent and the date of mailing.   f. An application must be received by the district  clerk  no  earlier than  the thirtieth day before the election for which an absentee ballot is sought. If the application  requests  that  the  absentee  ballot  be mailed,  such  application  must  be  received not later than seven days before the election. If the applicant or his or her agent  delivers  the application  to  the  district clerk in person, such application must be  received not later than the day before the election. The district  clerk shall  examine each application and shall determine from the information contained therein whether the applicant is qualified under this  section to receive an absentee ballot.   g. No later than six days before the election for which an application has  been  received  and for which the district clerk has determined the applicant to be qualified to vote by absentee ballot the district  clerk shall  mail,  by  regular  mail,  an  absentee  ballot to each qualified applicant who has applied before such day and  who  has  requested  that such absentee ballot be mailed to him or her at the address set forth in his  or  her  application. If the applicant or his or her agent delivers the application to the district clerk in person after  the  seventh  day before  the election and not later than the day before the election, the district clerk shall forthwith deliver such absentee ballots  for  those applicants  whom  he  or  she  determines  are  qualified  to  make such applications and to receive such  ballots  to  such  applicants  or  the agents  named  in the applications when such applicants or agents appear in the district clerk's office.   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 registration shall be satisfied that the applicant is a qualified voter of the district, and entitled to vote  by  absentee ballot, such board shall place his name upon the register, thereupon the applicant  shall  be issued or mailed an absentee voter's ballot and the board of registration shall make an appropriate entry  on  the  register 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 the regular ballot; 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, the questions and the propositions appear on the voting machines,  except  that  the  absentee ballot  shall  also  contain  a  space for a write-in or write-ins. Such absentee ballots shall  also  contain  instructions  as  to  the  proper marking  thereof,  in  accordance  with  the  provisions of sections two thousand thirty-two and two thousand thirty-four of this chapter. 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 MATERIAL                              PLEASE EXPEDITE      On one side of such envelope shall be printed:                       OFFICIAL BALLOT, ABSENTEE VOTER                                    for                         School District Election  Name of Voter .......................................  Residence (street and number, if any) ...............  City (or Town) of ...................................  County of ...........................................  School district .....................................  School Election District (if applicable) ............    The  date  of  the  election  and name of the school district shall be printed, and the name of  the  voter,  residence,  school  district  and school  election  district  (if  applicable)  shall be written in by the board of registration.   b. On the reverse side of such envelope shall be printed the following statement:                         STATEMENT OF ABSENTEE VOTER    I do declare that I am a citizen of the United States, and will be  at least  eighteen  years  of  age,  on  the  date  of  the school district election; that I will have been a resident of  this  state  and  of  the school  district  and  school  election  district,  if any, shown on the reverse side of this envelope for thirty days next  preceding  the  said election  and duly registered in the school district and school election district, if any, shown on the reverse side of this envelope and that  I am  or  on such date will be, a qualified voter of said school district; that I will be unable to appear personally on the  day  of  said  school 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 school 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  school  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 clerk of the school  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.  The board of registration shall make a list of all persons to whom absentee voter's ballots shall have been issued and file  such  list  in the  office  of  the  clerk  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 clerk to the inspectors of election on election day.   7. a. The board of registration 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 registration may require any person to  attend  before it  at the office of the clerk of the school district and be examined by the board 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 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 clerk  of  the  school  district  not later than five P.M. on the day of the election.   9.  The  clerk  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  school  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 school 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  clerk  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 desposited 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 school  district,  or  school  election  district (where  applicable),  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 school 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  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 clerk 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 clerk 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 school district election,  or,  where  voting machines  are  used,  shall  be  added  to  the  votes  recorded on such machines.   13. Where the district shall have been divided  into  school  election districts  pursuant to the provisions of this chapter, the provisions of this section shall be applicable, provided that any  reference  in  this section  to the term "board of registration" shall in such case refer to the board of registration appointed by the board of education  for  each school  election  district, except that paragraph b of subdivision seven of this section shall apply according to its terms.