2023 New York Laws › ELN - Election › Article 15 - Village Elections › 15-119 - Early Mail Voting at Village Elections.

§  15-119.  Early  mail  voting  at village elections. 1. A registered
voter of a village may vote by early mail ballot under this section  for
a  general or special village election in which the voter is eligible to
vote.
2. A registered voter desirous of obtaining an early mail ballot shall
make written application therefor  to  the  village  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.
3.  An  application  for  an  early  mail ballot must be signed by the
applicant. If a person entitled to an early mail  ballot  is  unable  to
sign  their  application  because  of  illness,  physical  disability or
inability to read, they 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 early mail ballot without assistance because I am unable to write
by reason of 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
their  mark to this application in my presence and I know them to be the
person who affixed their 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 blank form furnished
by the village clerk.
4. The application for an early mail 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  their
village and an address to which the ballot shall be mailed.
(b) A statement that the applicant is a registered voter.
(c)  Such application shall permit the applicant to apply for an early
mail ballot for a single election or for all remaining elections in  the
calendar year for which the voter is eligible to vote.
5.  The  application  for  an early mail ballot shall also provide the
applicant the opportunity to provide their telephone number  and  e-mail
address.
6. Printed forms containing the application for the early mail ballot,
in  accordance  with  the  requirements of this section, shall be in the
form prescribed by the state board of elections and shall be provided by
the village clerk and shall be available at the  office  of  the  clerk.
Application  forms  for  early  mail  ballots  for  use pursuant to this

section shall be furnished by the village  clerk  upon  request  of  the
person  authorized  to  vote  under this section or by any such person's
spouse, parent, child, authorized agent or any nurse  charged  with  the
care of such person.
7.  An  application  must  be received by the village clerk no earlier
than four months before the election for which an early mail  ballot  is
sought,  except as provided in paragraph (c) of subdivision four of this
section. 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  village  clerk in person, such application must be
received not later than the day before the election. The  village  clerk
shall  examine  each  application.  If  the application is complete, the
applicant is a registered voter of the village at the address listed  in
the  application, and the applicant is eligible to vote in the election,
the application shall be deemed accepted.
8. No later than six days before the election for which an application
has been received and accepted by the village clerk, the  village  clerk
shall  mail, by regular mail, an early mail ballot to each applicant who
has applied before such day and who has requested that such  early  mail
ballot  be mailed to them at the address set forth in their application.
If the applicant or their agent delivers the application to the  village
clerk  in  person  after the seventh day before the village election and
not later than the day before the  election,  the  village  clerk  shall
forthwith deliver such early mail ballots for those applicants whom they
determine  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 village clerk's office.
9. The early mail ballot shall be caused to be prepared and printed by
the  village  clerk  as  provided  by  law  for paper ballots or machine
ballots, whichever are to be  used  in  said  election  and  appropriate
modifications  for the purposes of this section. The village clerk shall
also cause to be prepared and  printed  return  envelopes  addressed  to
themself,  conforming  so far as may be practicable to the provisions of
this chapter stating thereon that in  order  for  the  ballot  contained
therein to be counted it must be received by the village clerk not later
than the close of the polls on election day. On the reverse side of each
return  envelope  there  shall  be written instructions for the voter to
insert at designated places their signature, their name  printed,  their
residence address within the village and their village election district
if there be more than one district within the village.
10.  The  method  of  marking,  preparing  and mailing such ballot for
voting shall conform, wherever practicable,  to  the  methods  used  for
early  mail  ballots for a general election, except that the envelope in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have been returned to them, in the sealed  envelopes  to  the  board  of
inspectors  of  election of the proper election district. No such ballot
shall be deemed to have been voted unless or until it  shall  have  been
delivered  to  the  board  of  inspectors  of  election  of the election
district in which the elector casting the ballot resides and shall  have
been  deposited  by  the  chairman of such board in the box provided for
receiving such ballot.
11. When such ballots shall  have  been  delivered  to  the  board  of
inspectors  of  election  of the proper election district and shall have
been duly determined by such board to  have  been  lawfully  cast  by  a
qualified  elector  of  such district, the chairman of such board shall,
after the close of the polls, open the envelopes containing such ballots

and, without unfolding such ballots or permitting the face thereof to be
exposed to the view of anyone, shall deposit each such ballot in  a  box
specifically  furnished  for  such  purpose by the village clerk. If the
board  of  inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the  provisions  of  this
section, then such ballot shall not be counted.
12.  After all the ballots shall have been deposited, the box shall be
opened and such ballots canvassed in the same manner  as  other  ballots
cast  at such election and shall be counted and included in the total of
all ballots cast at such election.