2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 41 - District Meetings › Part 1 - General Provisions › 2018-B - Absentee Ballots for School District Elections by Poll Registration.

§ 2018-b. Absentee  ballots  for  school  district  elections  by poll
registration.    1.  Notwithstanding  the  provisions  of  sections  two
thousand  fourteen  and  two  thousand  eighteen-a  of this article, the
trustees or the board of education of any common, union free, central or
central high school district which does not  provide  for  the  personal
registration  of  voters  for school district meetings and elections but
which elects trustees or school board members by ballot,  shall  provide
for  absentee ballots for the election of the trustees or members of the
board and school district public library trustees, the adoption  of  the
annual budget and school district public library budget and referenda.
1-a.  Notwithstanding the provisions of sections two thousand fourteen
and two thousand eighteen-a of  this  article,  in  any  county  with  a
population  of  one  million  or  more,  the  trustees  or  the board of
education of any common, union free,  central  or  central  high  school
district  which does not provide for the personal registration of voters
for school district meetings and elections but which elects trustees  or
school  board  members  by ballot shall provide for absentee ballots for
the election of the trustees or members of the board and school district
public library trustees, the adoption of the annual  budget  and  school
district public library budget and referenda.
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 school district election, a
qualified voter of the school 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 will be unable to appear to
vote in person on the day of the school district 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, business, or studies 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 clerk or
designee of the trustees or school board 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.
b. (1) Where such duties, occupation, business, or studies are of such
a nature as ordinarily to require such absence, a brief  description  of
such duties, occupation, business, or studies shall be set forth in such
application.
(2)  Where  such  duties,  occupation, business, or studies 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 or retired, a statement to that effect.
d.  Where  the absence is because of detention or confinement to jail,
such application 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 school 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 school
district on the day  of  the  school  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  clerk  of
the  school  district  or designee of the trustees or school board 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. The clerk of the school district or a designee of the  trustees  or
school  board  shall  request  registration  lists  from  the  board  of
elections pursuant to subdivision three of section 5-612 of the election
law  for  those  voters  whose  registration  record  has  been   marked
"permanently  disabled". An applicant whose ability to appear personally
at the polling place of the school 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" as determined by the board of elections pursuant
to the provisions of this chapter and who has previously applied for  an
absentee ballot shall be entitled to receive subsequent absentee ballots
pursuant  to  the  provisions  of  this  section without making separate
application for such absentee  ballot,  and  the  clerk  of  the  school
district  or  a  designee  of the trustees or school board shall send an
absentee ballot to such voter at his 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
clerk of the school district or a designee of  the  trustees  or  school
board  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 trustees or the board of education.
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 clerk of the school district or designee of the trustees  or
school  board shall be satisfied that the applicant is a qualified voter
of the district, and entitled to vote by absentee ballot, such clerk  of
the  school  district  or designee of the trustees or school board shall
cause to be issued or mailed to the applicant an absentee voter's ballot
and the clerk of the school district or  designee  of  the  trustees  or
school  board  shall make an appropriate entry on the poll list pursuant
to section two thousand twenty-nine of this part.
4. The clerk of the school district or a designee of the  trustees  or
school board shall also mail an absentee ballot to every qualified voter
otherwise eligible for such ballot, who requests an absentee ballot from
such  clerk  or  trustees  or school board designee in a letter which is
signed  by  the  voter  and  received by the clerk or trustees or school
board designee not earlier than the thirtieth day  nor  later  than  the
seventh  day before the election for which the ballot is first requested
and which states the address where the voter resides and  to  which  the
ballot  is to be mailed. The clerk or designee of the trustees or school
board shall enclose with such ballot a form of application for  absentee
ballot.  The  absentee  ballot  of  a voter who requested such ballot by
letter, rather than application, shall not be  counted  unless  a  valid
application  form, signed by such voter, is received by the clerk of the
school district or designee of the trustees or school  board  with  such
ballot.
5.  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.  On  the
back  of  such absentee ballots shall be printed words "Official Ballot,
Absentee Voter."
6. a. The clerk of the school district or designee of the trustees  or
school  board  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 included.
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
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 have 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 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  or
designee of the trustees or school board 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 the absentee voter appearing on the  reverse  side  of  the
envelope  as  provided  in  this  subdivision,  shall  be  guilty  of  a
misdemeanor.
7. The clerk of the school district or designee  of  the  trustees  or
school  board  shall make a list of all persons to whom absentee voter's
ballots shall have been issued and maintain such list 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.  A  challenge  to  an  absentee ballot may not be made on the
basis that the voter should have applied for an early mail ballot.  Such
written  challenge  shall be transmitted by the clerk or the designee of
the trustees or school board to the inspectors of election  on  election
day.
8.  a. The clerk of the school district or designee of the trustees or
school board 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 trustees or
board shall require, and such commissioner and officers and  members  of
the police force shall be authorized to render such assistance.
b.  The  clerk  of  the school district or designee of the trustees or
school board may require any person to attend before it at the office of

the clerk of the school district or the office of the  designee  of  the
trustees  or school board and be examined by the trustees or board as to
any matter in relation to which such trustees or board is charged with a
duty  under this section, and may issue a subpoena therefor. Each member
of such trustees or board shall be authorized  to  administer  any  oath
that may be required or authorized by law in this connection.
9. No absentee voter's ballot shall be canvassed, unless it shall have
been  received  in  the  office  of  the clerk of the school district or
designee of the trustees or school board not later than five P.M. on the
day of the election.
10. The clerk of the district or designee of the  trustees  or  school
board  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.
11.  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 there is
no signature on the envelope, this envelope shall be laid aside unopened
and be returned unopened to the clerk of the district or designee of the
trustees or school board. If such person 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.
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 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.