N.Y. Election Law § 15-122: Absentee voting at village elections for persons unable to appear because of illness or physical disability

§ 15-122. Absentee voting at village elections for persons unable to

appear because of illness or physical disability. 1. A qualified

elector of a village, who, on the occurrence of any general or special

village election, may be within the county of his residence but unable

to appear personally at the polling place in the village of his

residence because of illness, physical disability or confinement either

at home or in a hospital or institution, other than a mental institution

may vote as an absentee voter under this section.

2. Any elector of a village to whom this section may apply shall make

application to the village clerk for an absentee ballot. Such

application shall set forth the name and village address of the

applicant, that he is a qualified voter of the village or election

district if any, and that he was advised by his physician, medical

superintendent, administrative head of hospital or institution, or

Christian Science Practitioner that he will be unable to appear

personally at the polling place within the village because of the

reasons set forth in subdivision one. Such statement shall be accepted

for all purposes as the equivalent of an affidavit, and if false shall

subject the applicant to the same penalties as if he had been duly

sworn. Such provision shall be printed in bold type directly above the

signature line of the application.

3. Such statement, if made by an elector who resides in a village in

which personal registration is required shall state that the applicant

has registered, giving the date of such registration and his election

district if any. If made by an elector who resides in a village in which

personal registration is not required, it shall state that he has

nevertheless registered; or that he has registered for the last

preceding general election; or that he has voted in either or both of

the two preceding general elections.

4. Any elector who is duly registered and who is permanently disabled

may make application to the village clerk for a form which such clerk

shall supply for the purpose of providing for the mailing of absentee

ballots to permanently disabled voters. Such form shall contain an

affidavit to be executed by the elector showing the particulars of his

disability. Upon the filing of such application the inspectors of

election shall investigate the facts stated therein and if satisfied as

to the truth thereof may approve such application and in such event

shall cause the registration record of the voter, if any, to be marked

"PERMANENTLY DISABLED". The inspectors shall also cause to be marked

"PERMANENTLY DISABLED", the registration poll records of those voters

who are indicated as permanently disabled on the list of registered

voters received from the board of elections. Thereafter, the village

clerk shall send an absentee voter's ballot for each election to such

elector by first class mail to his last known address 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 or ballots for each election shall continue as

long as the elector remains a qualified voter of the village and unless

it appears that such person has failed to return such ballot for the

last two successive general village elections. Upon the mailing of such

ballot or ballots, the village clerk shall cause the fact and the date

of such mailing to be recorded next to the name of the voter in the

register of the village or appropriate election district. If the

inspectors of election shall determine that such elector is not entitled

to an absentee voter's ballot, or if they shall determine that such

elector is no longer entitled to receive such ballot without application

they shall notify such elector in writing giving him the reason for such

rejection or decision.

5. If a person entitled to an absentee ballot under this section is

unable to sign his application because of illness or physical disability

he shall be excused from signing upon making a statement, which shall be

witnessed by one person, in substantially the following form: "I hereby

state that I am unable to sign any application for an absentee ballot

without assistance because I am unable to write by reason of my illness

or physical disability. I have made, or have received assistance in

making, my mark in lieu of my signature".

................(Mark)

................ ......................

(Date) (Signature of Witness)

Such statement shall be included in the application blank form

furnished by the village clerk.

6. Printed forms containing the application for the absentee 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 absentee 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.