2023 New York Laws › ELN - Election › Article 8 - Conduct of Elections › Title 4 - Absentee Voting › 8-400 - Absentee Voting; Application for Ballot.

§  8-400.  Absentee  voting;  application for ballot.   1. A qualified
voter may vote as an absentee  voter  under  this  chapter  if,  on  the
occurrence  of any village election conducted by the board of elections,
primary election, special election, general election or  New  York  city
community  school  board  district  or  city  of Buffalo school district
election, he or she expects to be:
(a) absent from the county of his or her residence, or, if a  resident
of the city of New York absent from said city; or
(b)  unable  to appear personally at the polling place of the election
district in which he or she is a qualified voter 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
(c)  a  resident  or  patient  of  a  veterans  health  administration
hospital; 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
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.
2.  A qualified voter desiring to vote at such election as an absentee
voter for any reason specified  in  subdivision  one  hereof  must  make
application for an absentee ballot on a form to be obtained and filed as
provided  herein,  by  letter  as  provided  in  paragraph  (d)  of this
subdivision, or  through  the  electronic  absentee  ballot  application
transmittal system pursuant to section 8-408 of this title.
(a)  Application  forms shall be furnished by and may be obtained from
any board of elections at any time until the day before  such  election,
or  on  the  electronic  absentee ballot application transmittal system.
Application forms shall also be supplied by the board of  inspectors  of
the  election district in which applicant is a qualified voter on all of
the days provided for local registration. In addition, application forms
shall be supplied upon the request of  the  person  authorized  to  vote
pursuant  to  this section, any such person's spouse, parent or child, a
person residing with the applicant as a member of his household, or  the
applicant's duly authorized agent. Application forms sent outside of the
United  States  to  a country other than Canada or Mexico, shall be sent
airmail.  Any  reference  to  "board  of  elections"  in  the  remaining
provisions  of  this  section, except with respect to the furnishing and
obtaining of applications for absentee ballots, means only the board  of
elections  of  the  county or city in which the applicant is a qualified
voter.
(b) Applications may be filed with the board of elections, through the
electronic absentee ballot application transmittal system or  in  person
with  the  board  of  inspectors  of  the election district in which the
applicant is a qualified voter on one of the  days  provided  for  local
registration.
(c)  All applications requesting an absentee ballot by mail or through
the electronic absentee ballot application transmittal  system  must  be
received  by  the board of elections not later than the tenth day before
the election for which a ballot is first requested. Applications for  an
absentee  ballot  that  will  be  delivered  in  person  at the board of
elections to the voter or to an agent of the voter must be  received  by
such board not later than the day before such election.
(d)  The  board  of  elections  shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests  such
an  absentee ballot from such board of elections in writing in a letter,
telefax indicating the address, phone number and the telefax number from

which the writing is sent or other written instrument, or an  electronic
application  submitted  by  the  voter  through  the electronic absentee
ballot application transmittal system established by the state board  of
elections,  which  is  signed  by the voter and received by the board of
elections not later than the tenth day before the election for which the
ballot is first requested and which states the address where  the  voter
is  registered  and  the  address  to  which the ballot is to be mailed;
provided, however, a military voter may request  a  military  ballot  or
voter  registration  application  or an absentee ballot application in a
letter as provided in  subdivision  three  of  section  10-106  of  this
chapter;  and  provided  further,  a special federal voter may request a
special federal ballot or voter registration application or an  absentee
ballot application in a letter as provided in paragraph d of subdivision
one  of  section  11-202  of  this chapter. The board of elections shall
enclose with such ballot a form of application for  absentee  ballot  if
the applicant is registered with such board of elections.
(e)  When  mailing an absentee ballot application to a voter the board
of elections shall provide a domestic postage paid return envelope. When
providing an absentee ballot application to a voter in-person, the board
of elections shall offer  the  voter  a  domestic  postage  paid  return
envelope and provide one if requested.
3.  The  application for an absentee ballot when filed must contain in
each instance the following information:
(a) 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 his  or  her
town or city and an address to which the ballot shall be mailed.
(b)  A  statement  that  the  applicant  is a qualified and registered
voter.
(c) 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:
(i) absent from the county of his or her residence, or if  a  resident
of the city of New York absent from said city; provided, however, if the
applicant  expects  to be absent from such county or city 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
(ii) 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
(iii)  a  resident  or  patient  of  a  veterans health administration
hospital; or
(iv) 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  permit  the  applicant  to  apply  for  an
absentee ballot for either a primary election or the general election in
any  year  and  for  those  persons who will be continuously absent from
their county of residence during the period  between  the  fall  primary
election  and  the general election in any year to apply for ballots for
both such elections in such year. A voter who applies  for  an  absentee
ballot  shall  be  sent  an  absentee ballot for any special election or
winter primary that occurs during the period of absence specified in the
application.
4. A voter who claims permanent illness  or  physical  disability  may
make  application  for  an  absentee  ballot and the right to receive an

absentee ballot for each election thereafter as provided herein  without
further   application,   by  filing  with  the  board  of  elections  an
application which shall contain a statement to be executed by the voter.
Upon  filing  of such application the board of elections shall cause the
registration records of the voter to be  marked  "Permanently  Disabled"
and  thereafter  shall  send  an  absentee  ballot  for  each succeeding
primary, special or general election to such voter at his  or  her  last
known  address  by  first  class  mail  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  for  each  election  shall  continue  until  such  voter's
registration is cancelled.
5.  The application for an absentee ballot shall contain the following
language printed in bold face directly  above  the  signature  line:  "I
CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND
UNDERSTAND  THAT  THIS  APPLICATION WILL BE ACCEPTED FOR ALL PURPOSES AS
THE EQUIVALENT OF AN AFFIDAVIT AND, IF  IT  CONTAINS  A  MATERIAL  FALSE
STATEMENT,  SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY
SWORN." Such application shall be  accepted  for  all  purposes  as  the
equivalent of an affidavit and if it contains a material false statement
shall  subject  the person signing it to the same penalties as if he had
been duly sworn.
6. For purposes of this  section,  the  use  of  titles,  initials  or
customary  abbreviations  of given names by the signers of, or witnesses
to, an absentee ballot request letter, an  absentee  ballot  application
form   or   an  absentee  ballot  envelope,  or  the  use  of  customary
abbreviations of addresses of  such  signers  or  witnesses,  shall  not
invalidate   such   voter's  signature  or  witness's  signature  on  an
application for an absentee ballot or upon canvass or recanvass  of  the
ballot pursuant to this chapter.
7.  If  a  person entitled to an absentee ballot is unable to sign his
application because of illness,  physical  disability  or  inability  to
read,  he  shall  be  excused  from  signing upon making a statement, in
substantially the following  form,  which  shall  be  witnessed  by  one
person:
 
"I hereby state that I am unable to sign my application for an absentee
ballot without assistance because I am unable to write by reason of my
illness or physical disability or because I am unable to read. I have
made, or have received assistance in making, my mark in lieu of my
signature."
 
(Date)...........................
...........................(Mark)
Name of Voter)
 
"I, the undersigned, hereby certify that the above named voter affixed
his mark to this application in my presence and I know him to be the
person who affixed his mark to said application and understand that this
statement will be accepted for all purposes as the equivalent of an
affidavit and if it contains a material false statement, shall subject
me to the same penalties as if I had been duly sworn."
...........................                        Signature of Witness)
...........................                         Address of Witness)
 
Such statement shall be included in the application form furnished by
the board of elections.
8.  Printed  forms  of applications for absentee ballots in accordance
with the requirements of this section shall be provided by the board  of
elections.  An  appropriate  number  shall  be  retained by the board of
elections for the purpose of furnishing  an  application  form  to  each
qualified  voter  who  applies  therefor  before the board of elections,
either in person  or  by  mail,  and  an  appropriate  number  shall  be
delivered  to  each  board  of  inspectors on registration days with the
election  supplies,  and  the  board  of  inspectors  shall  retain  the
completed  and  unused  applications  and  return  them  to the board of
elections with their election supplies and an appropriate  number  shall
be  available  for distribution to officers of political parties, county
clerks, city, town and village clerks, colleges,  libraries,  hospitals,
nursing   homes,  senior  citizens  centers  and  any  other  convenient
distribution source which is approved by the local  or  state  board  of
elections and which requests such forms.
10.   The   state  board  of  elections  shall  prescribe  a  standard
application form for use under this section. The use of any  application
form  which  substantially  complies with the provisions of this section
shall be acceptable and any application filed on such a  form  shall  be
accepted for filing.