N.Y. Election Law § 15-120: Absentee voting at village elections

§ 15-120. Absentee voting at village elections. 1. A qualified voter

of a village may vote as an absentee voter under this section if during

all the hours of voting on the day of a general or special village

election he or she will be:

(a) absent from the county of his or her residence; or

(b) unable to appear 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 he or

she will be or is a patient in a hospital; or

(c) an incarcerated individual or patient of a veteran's

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. 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 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 absentee ballot must be signed by the

applicant. Such application may require that the applicant submit a

certificate in lieu of any affidavit which shall state that the

information contained in the application is true. Such certificate shall

be accepted for all purposes as the equivalent of an affidavit and shall

have the following language printed in bold face type above the

signature line:

"I UNDERSTAND THAT THIS CERTIFICATE 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."

4. 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

village 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; 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, 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) an incarcerated individual or patient of a veteran's

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.

5. An application must be received by the village clerk no earlier

than four months 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 village clerk in person, such application must be received not

later than the day before the election. The village 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. The clerk in making such decision shall not

determine whether the applicant is a qualified elector, said

determination being reserved to the inspectors of election as is

hereinafter provided in subdivision nine of this section.

6. No later than six days before the election for which an application

has been received and for which the village clerk has determined the

applicant to be qualified to vote by absentee ballot the village 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 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 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 village clerk's office.

7. The absentee 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. He or she shall also

cause to be prepared and printed return envelopes addressed to him or

her, 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 his or her signature, his or her name

printed, his or her residence address within the village and his or her

village election district if there be more than one district within the

village.

8. The method of marking, preparing and mailing such ballot for voting

shall conform, wherever practicable, to the methods used for absentee

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 him or her, 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.

9. 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.

10. 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.