2023 New York Laws › TWN - Town › Article 11 - Fire, Fire Alarm and Fire Protection Districts › 175-B - Absentee Ballots for Fire District Elections; Special Provisions.

§  175-b.  Absentee  ballots  for  fire  district  elections;  special
  provisions. 1. The board of fire commissioners of any fire  district  in
  which  officers  are  elected,  may, by resolution, provide for absentee
  ballots for fire district elections, 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 or her name and residence address,
  including the street and number, if any,  or  town  and  rural  delivery
  route,  if  any;  (2)  that  he  or she is or will be, on the day of the
  election, a qualified voter of the district in which he or  she  resides
  in  that  he  or she 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 or she is
  registered  in  the town; (4) that he or she will be unable to appear to
  vote in person on the day of the election for which the absentee  ballot
  is  requested because he or she 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 or
  her duties, occupation or business will require him or her to be outside
  of the county of his or her residence on such day, (c) because he or she
  will  be  on vacation outside the county of his or her residence on such
  day; or, (d) 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
  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 or her 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 or she will be on vacation elsewhere on  such
  day,  such application shall also contain the dates upon which he or she
  expects to begin and end such vacation, the place or places where he  or
  she  expects  to be on such vacation, the name and address of his or her
  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  or  she  were  a  qualified
  voter,  entitled to apply for the right to vote by absentee ballot under
  the provisions of this section, his or her 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 or she 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 or
  she 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  fire  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  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 secretary of the fire 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  or  her
  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 election
  inspectors of the fire 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 election inspectors of the fire district shall be satisfied
  that the applicant is a qualified voter of the district, and entitled to
  vote by absentee ballot, such election inspectors shall place his or her
  name upon a list, thereupon the applicant shall be issued or  mailed  an
  absentee voter's ballot and the election inspectors of the fire 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 be, as  nearly  practicable,  in  the
  same form as those to be voted in the district on election day and shall
  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 Officers of fire district."
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
at
Fire District Election
  Name of Voter.........................................
  Residence (street and number, if any).................
  City (or Town) of.....................................
  County of.............................................

  Fire 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 fire 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 or her 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 fire 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 fire 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  or  her  challenge  and  the  reasons therefor known to the
  election inspectors before the close of the polls.
7.  a.  The secretary of the fire district shall be authorized to call
  upon the commissioner of police or the county sheriff and  the  officers
  and  members  of  the  police  force  or  sheriff's  department 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 and sheriff's department shall be authorized to  render
  such assistance.
b.    The  election  inspectors  of  the fire district may require any
  person to attend before them 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 election 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  or  her  in
  accordance  with  subdivision  eight  of  this  section, to the election
  inspectors.
10.   If, at the district election,  any  absentee  voters'  envelopes
  shall  have  been received at the polling place, the election inspectors
  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
  election 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  or  her  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 election 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 or she 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
  fire district election because of illness or physical disability, or (c)
  that he or she 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  or  she  was  not  entitled to cast such ballot.   An election
  inspector shall make such an objection  if  he  or  she  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 election inspectors, by
  majority vote, shall sustain the objection, the chairman, or  if  he  or
  she  refuses, another election 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 election 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  election
  inspectors  shall  have received an envelope endorsed with the name of a
  person who to the knowledge of the election inspectors  is  deceased  on
  the  day  of  the  election,  the  election 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  election inspectors shall have received an envelope, and
  upon opening the same no ballot shall be  found  therein,  the  election
  inspectors  shall  make a memorandum showing that the ballot is missing.
  When the casting of absentee voters' ballots shall have been  completed,
  the election 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 election inspectors
  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
  fire district elections, notwithstanding any other provision of law. The
  provisions  of  any  other law as they relate to fire district elections
  not inconsistent herewith shall apply to the conduct of such elections.