2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 41 - District Meetings › Part 1 - General Provisions › 2018-E - Early Mail Ballots for School District Elections.

§  2018-e.  Early  mail  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  early  mail  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 early mail 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 early  mail  voter  under  this
section.
b.  Each  person  entitled  to vote as an early mail voter pursuant to
this section and desirous of obtaining an early mail 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 early mail 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.
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 early mail
ballot, I shall be guilty of a misdemeanor.
Date.....................Signature of Voter............................
e.  An  application  must be received by the district clerk no earlier
than the thirtieth day before the  election  for  which  an  early  mail
ballot is sought. If the application requests that the early mail ballot
be  mailed,  such application must be received not later than seven days
before the election. If  the  applicant  or  their  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 early mail ballot.
f. 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  early  mail  ballot  the  district
clerk  shall  mail,  by  regular  mail,  an  early  mail  ballot to each
qualified applicant  who  has  applied  before  such  day  and  who  has
requested  that  such  early  mail ballot be mailed to him or her at the
address set forth in their application. If the applicant or their  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 early mail
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 entitled  to  vote  by  early  mail
ballot,  such  board shall place their name upon the register, thereupon
the applicant shall be issued or mailed an early mail voter's ballot and
the board of  registration  shall  make  an  appropriate  entry  on  the
register  indicating  that an early mail ballot has been applied for by,
and issued to, the applicant.
4. Ballots for early mail 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 early  mail  ballot  shall
conform  to the regular ballot; if the vote of such election shall be by
voting machine, the early  mail  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 early mail ballot shall also contain a space for a write-in or
write-ins. Such early mail 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
part. On the back of such early mail ballots shall be printed the  words
"Official Ballot, Early Mail Voter".
5.  a. The board of registration shall enclose each early mail 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, EARLY MAIL 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 EARLY MAIL 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 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 early mail 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 their vote
may be canvassed.
d. A person who  shall  make  any  material  false  statement  in  the
statement  of  early  mail  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
early mail 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. A
challenge to an early mail voter may not be made on the basis  that  the
voter should have applied for an absentee ballot. 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 early mail 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  early  mail  voters'  envelopes,  received  by  them   in
accordance  with subdivision eight of this section, to the inspectors of
election.
10.  If,  at  the  school  district  election,  any early mail 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
their 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 deposited in the proper box or boxes. At
the time of the deposit of such ballot, the inspectors shall  enter  the
words "early mail 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 that  the  person  named  thereon  is  not  a
qualified  voter  of  the  school  district, or school election district
(where applicable). 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. The inspectors of election 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  early  mail  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 early mail 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.