N.Y. Education Law § 2018-a: Absentee ballots for school district elections

§ 2018-a. Absentee 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 absentee 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 absentee 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 absentee voter under this

section if on the occurrence of an election such voter expects to be:

(1) absent from their county of residence; or

(2) unable to appear personally at the 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 because

such voter will be or is a patient in a hospital; or

(3) a resident or patient of a veteran's administration hospital; or

(4) absent from such voter's voting residence because such voter 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 such voter is qualified to vote in the election

district of such voter's residence.

b. Each person entitled to vote as an absentee voter pursuant to this

section and desirous of obtaining an absentee 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 absentee 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.

(3) 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:

(a) absent from their county of residence; provided, however, if the

applicant expects to be absent from such county for a duration covering

more than one election and seeks an absentee ballot for each election,

such applicant shall state the dates when they expect to begin and end

such absence; or

(b) 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

(c) a resident or patient of a veteran's administration hospital; or

(d) 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 such applicant is so detained

or confined.

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 absentee

ballots, I shall be guilty of a misdemeanor.

Date.....................Signature of Voter ...........................

e. An applicant whose ability to appear personally at the polling

place of the school 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 board of registration 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 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 board of education 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 board of

education. The board of registration shall make an appropriate entry on

the registration indicating the fact that an absentee ballot has been

sent and the date of mailing.

f. An application must be received by the district clerk no earlier

than the thirtieth day before the election for which an absentee ballot

is sought. If the application requests that the absentee ballot be

mailed, such application must be received not later than seven days

before the election. If the applicant or his or her 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 absentee ballot.

g. 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 absentee ballot the district clerk

shall mail, by regular mail, an absentee ballot to each qualified

applicant who has applied before such day and who has requested that

such absentee ballot be mailed to him or her at the address set forth in

his or her application. If the applicant or his or her 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 absentee 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, and entitled to vote by absentee

ballot, such board shall place his name upon the register, thereupon the

applicant shall be issued or mailed an absentee voter's ballot and the

board of registration shall make an appropriate entry on the register

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 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. Such

absentee 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 chapter. On the

back of such absentee ballots shall be printed the words "Official

Ballot, Absentee Voter."

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

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 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 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 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 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 clerk of the school district 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 absentee 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

absentee 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 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 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 absentee 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 absentee voters' envelopes, received by him in accordance

with subdivision eight of this section, to the inspectors of election.

10. If, at the school district election, any absentee 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 his

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

"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 school district, or school election district

(where applicable), or (b) that he 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 school district

election because of illness or physical disability, or (c) that he 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 was not

entitled to cast such ballot. 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 or was so within the school 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 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 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

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.