Bill Text: NY A05755 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires absentee ballots and nine polling hours for fire commissioner, library board and special district elections.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2014-03-19 - held for consideration in local governments [A05755 Detail]
Download: New_York-2013-A05755-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5755
2013-2014 Regular Sessions
I N A S S E M B L Y
March 6, 2013
___________
Introduced by M. of A. McKEVITT, GRAF -- Multi-Sponsored by -- M. of A.
LUPINACCI -- read once and referred to the Committee on Local Govern-
ments
AN ACT to amend the town law, in relation to absentee ballots for fire
district elections; and to amend the education law, in relation to
absentee ballots and polling hours for library board and special
district elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 175-b of the town law, as amended
2 by chapter 401 of the laws of 1996, is amended to read as follows:
3 1. The board of fire commissioners of any fire district in which offi-
4 cers are elected, [may] SHALL, by resolution, provide for absentee
5 ballots for fire district elections, in accordance with the provisions
6 of this section. Such resolution shall take effect at the first such
7 election held more than sixty days after its adoption and shall continue
8 in effect for all such elections until a subsequent resolution providing
9 otherwise shall, in like manner, have taken effect.
10 S 2. The education law is amended by adding a new section 255-a to
11 read as follows:
12 S 255-A. ELECTION OF LIBRARY BOARD MEMBERS. 1. THE BOARD SHALL GIVE
13 NOTICE OF THE ANNUAL ELECTION BY THE PUBLICATION OF A NOTICE ONCE IN ONE
14 OR MORE NEWSPAPERS HAVING A GENERAL CIRCULATION IN THE DISTRICT. THE
15 FIRST PUBLICATION OF SUCH NOTICE SHALL BE NOT LESS THAN TWENTY-SEVEN
16 DAYS AND NOT MORE THAN THIRTY-FOUR DAYS PRIOR TO THE DATE OF SUCH
17 ELECTION. SUCH NOTICE SHALL SPECIFY THE TIME WHEN AND THE PLACE WHERE
18 SUCH ELECTION WILL BE HELD, THE OFFICERS TO BE ELECTED THEREAT AND THEIR
19 TERMS OF OFFICE, AND THE HOURS DURING WHICH THE POLLS WILL BE OPEN FOR
20 THE RECEIPT OF BALLOTS. THE SECRETARY OF SUCH DISTRICT SHALL PREPARE THE
21 BALLOTS FOR ALL ELECTIONS OF BOARD MEMBERS AND THE POLLS SHALL REMAIN
22 OPEN FOR THE RECEIPT THEREOF AT ALL ELECTIONS OF BOARD MEMBERS FROM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03678-01-3
A. 5755 2
1 TWELVE O'CLOCK NOON UNTIL NINE O'CLOCK IN THE EVENING AND SUCH ADDI-
2 TIONAL CONSECUTIVE HOURS PRIOR THERETO AS THE BOARD OF SUCH DISTRICT MAY
3 HAVE DETERMINED AND SPECIFIED IN THE NOTICE THEREOF. THE BOARD SHALL
4 DESIGNATE A RESIDENT DISTRICT ELECTOR, WHO SHALL BE A REGISTERED VOTER
5 OF THE MUNICIPALITY, TO ACT AS CHAIRMAN OF ANY ELECTION OF SAID DISTRICT
6 AND SHALL DESIGNATE NOT LESS THAN TWO NOR MORE THAN FOUR RESIDENT
7 DISTRICT ELECTORS, WHO SHALL BE REGISTERED VOTERS OF THE MUNICIPALITY TO
8 ACT AS ELECTION INSPECTORS AND BALLOT CLERKS AT SUCH ELECTIONS. NO
9 MEMBER OF THE BOARD SHALL SERVE AS SUCH CHAIRMAN OR AS AN ELECTION
10 INSPECTOR OR BALLOT CLERK. THE BOARD MAY ADOPT A RESOLUTION PROVIDING
11 THAT SUCH CHAIRMAN, ELECTION INSPECTORS AND BALLOT CLERKS SHALL BE PAID
12 FOR THEIR RESPECTIVE SERVICES AT ANY SUCH ANNUAL ELECTION OR AT ANY
13 SPECIAL ELECTION OF THE DISTRICT. SUCH RESOLUTION, IF ADOPTED, SHALL FIX
14 THE AMOUNT OF SUCH COMPENSATION, AS FOLLOWS: IF THE HOURS DURING WHICH
15 THE POLLS WILL BE OPEN FOR THE RECEIPT OF BALLOTS ARE FROM TWELVE
16 O'CLOCK NOON UNTIL NINE O'CLOCK IN THE EVENING, A SUM NOT TO EXCEED
17 THIRTY-FIVE DOLLARS FOR EACH SUCH OFFICIAL; IF ADDITIONAL CONSECUTIVE
18 HOURS PRIOR TO TWELVE O'CLOCK NOON ARE DETERMINED AND SPECIFIED IN THE
19 NOTICE OF ELECTION, A SUM NOT TO EXCEED FIFTY DOLLARS FOR EACH SUCH
20 OFFICIAL.
21 2. EVERY ELECTOR OF THE MUNICIPALITY WHO SHALL BE A REGISTERED VOTER
22 AND WHO SHALL HAVE RESIDED IN THE DISTRICT FOR THE PERIOD OF THIRTY DAYS
23 NEXT PRECEDING ANY ELECTION OF BOARD MEMBERS SHALL BE QUALIFIED TO VOTE
24 FOR SUCH MEMBERS. EVERY ELECTOR OF THE MUNICIPALITY WHO SHALL BE A
25 REGISTERED VOTER AND WHO SHALL HAVE RESIDED IN THE DISTRICT FOR THE
26 PERIOD OF THIRTY DAYS NEXT PRECEDING ANY ELECTION AT WHICH A PROPOSITION
27 SHALL BE SUBMITTED, SHALL BE QUALIFIED TO VOTE UPON SUCH PROPOSITION.
28 3. EVERY BOARD MEMBER, TREASURER AND SECRETARY MUST AT THE TIME OF HIS
29 OR HER ELECTION OR APPOINTMENT AND THROUGHOUT HIS OR HER TERM OF OFFICE
30 BE A RESIDENT OF SUCH DISTRICT.
31 4. THERE SHALL BE CONSPICUOUSLY PLACED, BY THE RESIDENT ELECTOR,
32 DISTANCE MARKERS AT A DISTANCE OF ONE HUNDRED FEET FROM THE POLLING
33 PLACE. SUCH DISTANCE MARKERS SHALL BE SO PLACED AT LEAST ONE-HALF HOUR
34 BEFORE THE OPENING OF THE POLLS AND SHALL REMAIN UNTIL SUCH POLLS ARE
35 CLOSED. THE ONE HUNDRED FOOT DISTANCE SHALL BE DEEMED TO INCLUDE A ONE
36 HUNDRED FOOT RADIAL MEASURED FROM THE ENTRANCES, DESIGNATED BY THE RESI-
37 DENT ELECTOR, TO A BUILDING WHERE SUCH ELECTION IS BEING HELD. WHILE
38 THE POLLS ARE OPEN NO PERSON SHALL DO ANY ELECTIONEERING WITHIN THE
39 POLLING PLACE, OR IN ANY PUBLIC STREET WITHIN THE ONE HUNDRED FOOT RADI-
40 AL, OR WITHIN SUCH DISTANCE IN ANY PLACE IN A PUBLIC MANNER. NO ELECTIO-
41 NEERING BANNER, BUTTON, POSTER OR PLACARD ON BEHALF OF OR IN OPPOSITION
42 TO ANY CANDIDATE OR ISSUE TO BE VOTED UPON SHALL BE ALLOWED IN OR UPON
43 THE POLLING PLACE OR WITHIN SUCH ONE HUNDRED FEET THEREFROM DURING THE
44 ELECTION. ANY PERSON WHO WILLFULLY VIOLATES THE PROVISIONS OF THIS
45 SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR.
46 5. ALL OFFICIAL BALLOTS SHALL REMAIN IN THE CUSTODY OF ELECTION
47 INSPECTORS WITHIN THE POLLING PLACE FROM THE OPENING OF THE POLLS UNTIL
48 THE ANNOUNCEMENT OF THE RESULT OF THE CANVASS AND THE SIGNING OF THE
49 INSPECTORS' RETURNS THEREOF. AFTER THE POLLS SHALL HAVE BEEN CLOSED AT
50 ANY ELECTION HELD FOR THE ELECTION OF BOARD MEMBERS OR TO VOTE UPON A
51 PROPOSITION, THE ELECTION INSPECTORS AND BALLOT CLERKS SHALL IMMEDIATELY
52 CANVASS PUBLICLY THE BALLOTS CAST AND THE CHAIRMAN OF THE ELECTION SHALL
53 PUBLICLY ANNOUNCE THE RESULT. WITHIN SEVENTY-TWO HOURS THEREAFTER, THE
54 CHAIRMAN, ELECTION INSPECTORS AND BALLOT CLERKS SHALL EXECUTE AND FILE A
55 CERTIFICATE OF THE RESULT OF THE CANVASS WITH THE BOARD AND WITH THE
A. 5755 3
1 CLERK OF EACH MUNICIPALITY IN WHICH SAID DISTRICT OR ANY PART THEREOF
2 MAY BE LOCATED.
3 6. IF IN ANY DISTRICT THE NUMBER OF VOTERS IS SO GREAT AS TO RENDER IT
4 INEXPEDIENT OR IMPOSSIBLE TO CONDUCT THE ELECTION AT ONE POLLING PLACE,
5 THE BOARD MAY DIVIDE THE DISTRICT INTO ELECTION DISTRICTS AND PROVIDE A
6 POLLING PLACE FOR EACH SUCH ELECTION DISTRICT, PROVIDED, HOWEVER, THAT
7 THE NUMBER OF ELECTION DISTRICTS IN ANY DISTRICT SHALL NOT EXCEED ONE
8 FOR EACH SIX HUNDRED ELECTORS PLUS ONE FOR A REMAINING FRACTION OF SIX
9 HUNDRED. IN SUCH EVENT, THE NOTICE SPECIFIED IN SUBDIVISION ONE OF THIS
10 SECTION SHALL DESCRIBE THE ELECTION DISTRICTS AND STATE WHERE THE POLL-
11 ING PLACES WILL BE LOCATED, AND THE BOARD SHALL DESIGNATE NOT LESS THAN
12 TWO NOR MORE THAN FOUR RESIDENT DISTRICT ELECTORS, WHO SHALL BE REGIS-
13 TERED VOTERS OF THE MUNICIPALITY, TO ACT AS ELECTION INSPECTORS AND
14 BALLOT CLERKS AT EACH SUCH POLLING PLACE. THE BOARD MAY ADOPT A RESOL-
15 UTION PROVIDING THAT SUCH ELECTION INSPECTORS AND BALLOT CLERKS SHALL BE
16 PAID FOR THEIR RESPECTIVE SERVICES AT ANY SUCH ANNUAL ELECTION OR AT ANY
17 SPECIAL ELECTION OF THE DISTRICT. SUCH RESOLUTION, IF ADOPTED, SHALL
18 FIX THE AMOUNT OF SUCH COMPENSATION AS FOLLOWS: IF THE HOURS DURING
19 WHICH THE POLLS WILL BE OPEN FOR THE RECEIPT OF BALLOTS ARE FROM TWELVE
20 O'CLOCK NOON UNTIL NINE O'CLOCK IN THE EVENING, A SUM NOT TO EXCEED
21 THIRTY-FIVE DOLLARS FOR EACH SUCH OFFICIAL; IF ADDITIONAL CONSECUTIVE
22 HOURS PRIOR TO TWELVE O'CLOCK NOON ARE DETERMINED AND SPECIFIED IN THE
23 NOTICE OF ELECTION, A SUM NOT TO EXCEED FIFTY DOLLARS FOR EACH SUCH
24 OFFICIAL. NO ELECTIVE OFFICER OF THE DISTRICT SHALL SERVE AS AN ELECTION
25 INSPECTOR OR BALLOT CLERK.
26 S 3. The education law is amended by adding a new section 255-b to
27 read as follows:
28 S 255-B. ABSENTEE BALLOTS. 1. THE LIBRARY BOARD OF ANY DISTRICT IN
29 WHICH OFFICERS ARE ELECTED, SHALL, BY RESOLUTION, PROVIDE FOR ABSENTEE
30 BALLOTS FOR LIBRARY BOARD ELECTIONS, IN ACCORDANCE WITH THE PROVISIONS
31 OF THIS SECTION. SUCH RESOLUTION SHALL TAKE EFFECT AT THE FIRST SUCH
32 ELECTION HELD MORE THAN SIXTY DAYS AFTER ITS ADOPTION AND SHALL CONTINUE
33 IN EFFECT FOR ALL SUCH ELECTIONS UNTIL A SUBSEQUENT RESOLUTION PROVIDING
34 OTHERWISE SHALL, IN LIKE MANNER, HAVE TAKEN EFFECT.
35 2. A. AN APPLICANT FOR SUCH AN ABSENTEE BALLOT SHALL SUBMIT AN APPLI-
36 CATION SETTING FORTH (1) HIS OR HER NAME AND RESIDENCE ADDRESS, INCLUD-
37 ING THE STREET AND NUMBER, IF ANY, OR CITY, TOWN OR VILLAGE AND RURAL
38 DELIVERY ROUTE, IF ANY; (2) THAT HE OR SHE IS OR WILL BE, ON THE DAY OF
39 THE ELECTION, A QUALIFIED VOTER OF THE DISTRICT IN WHICH HE OR SHE
40 RESIDES IN THAT HE OR SHE IS OR WILL BE, ON SUCH DATE, OVER EIGHTEEN
41 YEARS OF AGE, A CITIZEN OF THE UNITED STATES AND HAS OR WILL HAVE
42 RESIDED IN THE DISTRICT FOR THIRTY DAYS NEXT PRECEDING SUCH DATE; (3)
43 THAT HE OR SHE IS REGISTERED IN THE MUNICIPALITY; (4) THAT HE OR SHE
44 WILL BE UNABLE TO APPEAR TO VOTE IN PERSON ON THE DAY OF THE ELECTION
45 FOR WHICH THE ABSENTEE BALLOT IS REQUESTED BECAUSE HE OR SHE IS, OR WILL
46 BE ON SUCH DAY (A) A PATIENT IN A HOSPITAL, OR UNABLE TO APPEAR
47 PERSONALLY AT THE POLLING PLACE ON SUCH DAY BECAUSE OF ILLNESS OR PHYS-
48 ICAL DISABILITY, (B) BECAUSE HIS OR HER DUTIES, OCCUPATION OR BUSINESS
49 WILL REQUIRE HIM OR HER TO BE OUTSIDE OF THE COUNTY OF HIS OR HER RESI-
50 DENCE ON SUCH DAY, (C) BECAUSE HE OR SHE WILL BE ON VACATION OUTSIDE THE
51 COUNTY OF HIS OR HER RESIDENCE ON SUCH DAY, OR (D) ABSENT FROM HIS OR
52 HER VOTING RESIDENCE BECAUSE HE OR SHE IS DETAINED IN JAIL AWAITING
53 ACTION BY A GRAND JURY OR AWAITING TRIAL OR IS CONFINED IN PRISON AFTER
54 CONVICTION FOR AN OFFENSE OTHER THAN A FELONY. SUCH APPLICATION MUST BE
55 RECEIVED BY THE DISTRICT SECRETARY AT LEAST SEVEN DAYS BEFORE THE
56 ELECTION IF THE BALLOT IS TO BE MAILED TO THE VOTER, OR THE DAY BEFORE
A. 5755 4
1 THE ELECTION, IF THE BALLOT IS TO BE DELIVERED PERSONALLY TO THE VOTER
2 OR HIS OR HER AGENT.
3 B. (1) WHERE SUCH DUTIES, OCCUPATION OR BUSINESS ARE OF SUCH A NATURE
4 AS ORDINARILY TO REQUIRE SUCH ABSENCE, A BRIEF DESCRIPTION OF SUCH
5 DUTIES, OCCUPATION OR BUSINESS SHALL BE SET FORTH IN SUCH AFFIDAVIT.
6 (2) WHERE SUCH DUTIES, OCCUPATION OR BUSINESS ARE NOT OF SUCH A NATURE
7 AS ORDINARILY TO REQUIRE SUCH ABSENCE, SUCH APPLICATION SHALL CONTAIN A
8 STATEMENT OF THE SPECIAL CIRCUMSTANCES ON ACCOUNT OF WHICH SUCH ABSENCE
9 IS REQUIRED.
10 C. WHERE THE APPLICANT EXPECTS IN GOOD FAITH TO BE ABSENT ON THE DAY
11 OF THE ELECTION BECAUSE HE OR SHE WILL BE ON VACATION ELSEWHERE ON SUCH
12 DAY, SUCH APPLICATION SHALL ALSO CONTAIN THE DATES UPON WHICH HE OR SHE
13 EXPECTS TO BEGIN AND END SUCH VACATION, THE PLACE OR PLACES WHERE HE OR
14 SHE EXPECTS TO BE ON SUCH VACATION, THE NAME AND ADDRESS OF HIS OR HER
15 EMPLOYER, IF ANY, AND IF SELF-EMPLOYED, A STATEMENT TO THAT EFFECT.
16 D. WHERE THE ABSENCE IS BECAUSE OF DETENTION OR CONFINEMENT TO JAIL,
17 SUCH AFFIDAVIT SHALL STATE WHETHER THE VOTER IS DETAINED AWAITING ACTION
18 OF THE GRAND JURY OR IS CONFINED AFTER CONVICTION FOR AN OFFENSE OTHER
19 THAN A FELONY.
20 E. WHERE A PERSON IS OR WOULD BE, IF HE OR SHE WERE A QUALIFIED VOTER,
21 ENTITLED TO APPLY FOR THE RIGHT TO VOTE BY ABSENTEE BALLOT UNDER THE
22 PROVISIONS OF THIS SECTION, HIS OR HER SPOUSE, PARENT OR CHILD, IF A
23 QUALIFIED VOTER AND A RESIDENT OF THE SAME DISTRICT, SHALL BE ENTITLED
24 TO VOTE AS AN ABSENTEE VOTER UPON PERSONALLY MAKING AND SIGNING AN
25 APPLICATION IN ACCORDANCE WITH THE PRECEDING PROVISIONS OF THIS SUBDIVI-
26 SION AND SHOWING THAT HE OR SHE EXPECTS TO BE ABSENT FROM THE DISTRICT
27 ON THE DAY OF THE DISTRICT ELECTION BY REASON OF ACCOMPANYING OR BEING
28 WITH THE SPOUSE, CHILD OR PARENT WHO IS OR WOULD BE, IF HE OR SHE WERE A
29 QUALIFIED VOTER, SO ENTITLED TO APPLY FOR THE RIGHT TO VOTE BY ABSENTEE
30 BALLOT, AND, IN THE EVENT NO APPLICATION IS MADE BY SUCH SPOUSE, CHILD
31 OR PARENT, SUCH FURTHER INFORMATION AS THE FIRE DISTRICT SHALL REQUIRE.
32 F. SUCH APPLICATION SHALL INCLUDE THE FOLLOWING STATEMENT TO BE SIGNED
33 BY THE VOTER.
34 "I HEREBY DECLARE THAT THE FOREGOING IS A TRUE STATEMENT TO THE BEST
35 OF MY KNOWLEDGE AND BELIEF, AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL
36 FALSE STATEMENT IN THE FOREGOING STATEMENT OF APPLICATION FOR ABSENTEE
37 BALLOTS, I SHALL BE GUILTY OF A MISDEMEANOR."
38 DATE ............ SIGNATURE OF VOTER.......................
39 G. AN APPLICANT WHOSE ABILITY TO APPEAR PERSONALLY AT THE POLLING
40 PLACE OF THE DISTRICT OF WHICH HE OR SHE IS A QUALIFIED VOTER IS
41 SUBSTANTIALLY IMPAIRED BY REASON OF PERMANENT ILLNESS OR PHYSICAL DISA-
42 BILITY AND WHOSE REGISTRATION RECORD HAS BEEN MARKED "PERMANENTLY DISA-
43 BLED" BY THE BOARD OF ELECTIONS PURSUANT TO THE PROVISIONS OF THE
44 ELECTION LAW SHALL BE ENTITLED TO RECEIVE AN ABSENTEE BALLOT PURSUANT TO
45 THE PROVISIONS OF THIS SECTION WITHOUT MAKING SEPARATE APPLICATION FOR
46 SUCH ABSENTEE BALLOT, AND THE SECRETARY OF THE DISTRICT, UPON BEING
47 ADVISED BY THE BOARD OF ELECTIONS ON OR WITH THE LIST OF REGISTERED
48 VOTERS THAT THE REGISTRATION RECORD OF A VOTER IS MARKED "PERMANENTLY
49 DISABLED", SHALL SEND AN ABSENTEE BALLOT TO SUCH VOTER AT HIS OR HER
50 LAST KNOWN ADDRESS BY FIRST CLASS MAIL WITH A REQUEST TO THE POSTAL
51 AUTHORITIES NOT TO FORWARD SAME BUT TO RETURN SAME IN FIVE DAYS IN THE
52 EVENT THAT IT CANNOT BE DELIVERED TO THE ADDRESSEE. THE ELECTION INSPEC-
53 TORS OF THE DISTRICT SHALL MAKE AN APPROPRIATE ENTRY ON THE REGISTRATION
54 RECORD INDICATING THE FACT THAT AN ABSENTEE BALLOT HAS BEEN SENT AND THE
55 DATE OF MAILING.
A. 5755 5
1 3. IF, UPON EXAMINING THE APPLICATION REQUIRED UNDER THE PROVISIONS OF
2 SUBDIVISION TWO OF THIS SECTION, AND UPON SUCH INQUIRY AS IT DEEMS PROP-
3 ER, THE ELECTION INSPECTORS OF THE DISTRICT SHALL BE SATISFIED THAT THE
4 APPLICANT IS A QUALIFIED VOTER OF THE DISTRICT, AND ENTITLED TO VOTE BY
5 ABSENTEE BALLOT, SUCH ELECTION INSPECTORS SHALL PLACE HIS OR HER NAME
6 UPON A LIST, THEREUPON THE APPLICANT SHALL BE ISSUED OR MAILED AN ABSEN-
7 TEE VOTER'S BALLOT AND THE ELECTION INSPECTORS OF THE DISTRICT SHALL
8 MAKE AN APPROPRIATE ENTRY ON THE LIST INDICATING THAT AN ABSENTEE BALLOT
9 HAS BEEN APPLIED FOR BY, AND ISSUED TO, THE APPLICANT.
10 4. BALLOTS FOR ABSENTEE VOTERS SHALL BE, AS NEARLY AS PRACTICABLE, IN
11 THE SAME FORM AS THOSE TO BE VOTED AT THE DISTRICT ELECTION; IF THE VOTE
12 AT SUCH ELECTION SHALL BE BY BALLOT, THE ABSENTEE BALLOT SHALL CONFORM
13 TO THAT PART OF THE REGULAR BALLOT WHICH RELATES TO THE ELECTION OF
14 BOARD MEMBERS; IF THE VOTE OF SUCH ELECTION SHALL BE BY VOTING MACHINE,
15 THE ABSENTEE BALLOT SHALL CONFORM AS CLOSELY AS POSSIBLE TO THE MANNER
16 IN WHICH THE NAMES OF THE CANDIDATES APPEAR ON THE VOTING MACHINES,
17 EXCEPT THAT THE ABSENTEE BALLOT SHALL ALSO CONTAIN A SPACE FOR A WRITE-
18 IN OR WRITE-INS. ON THE BACK OF SUCH ABSENTEE BALLOTS SHALL BE PRINTED
19 THE WORDS "OFFICIAL BALLOT, ABSENTEE VOTER," FOLLOWED BY THE WORDS "FOR
20 MEMBERS OF BOARD OF TRUSTEES OF LIBRARY DISTRICT."
21 5. A. THE BOARD OF REGISTRATION SHALL ENCLOSE EACH ABSENTEE VOTER'S
22 BALLOT IN AN ENVELOPE WHICH SHALL BE LABELED:
23 ELECTION MATERIAL
24 PLEASE EXPEDITE
25 ON ONE SIDE OF SUCH ENVELOPE SHALL BE PRINTED:
26 OFFICIAL BALLOT, ABSENTEE VOTER
27 AT
28 LIBRARY DISTRICT ELECTION NAME OF VOTER..........................
29 RESIDENCE (STREET AND NUMBER, IF ANY)............ CITY (OR TOWN) OF
30 ...................... COUNTY OF ............................ LIBRARY
31 DISTRICT........................
32 THE DATE OF THE ELECTION AND NAME OF THE DISTRICT SHALL BE PRINTED,
33 AND THE NAME OF THE VOTER, RESIDENCE AND DISTRICT SHALL BE WRITTEN IN BY
34 THE DISTRICT.
35 B. ON THE REVERSE SIDE OF SUCH ENVELOPE SHALL BE PRINTED THE FOLLOWING
36 STATEMENT:
37 STATEMENT OF ABSENTEE VOTER
38 "I DO DECLARE THAT I WILL HAVE BEEN A CITIZEN OF THE UNITED STATES FOR
39 THIRTY DAYS, AND WILL BE AT LEAST EIGHTEEN YEARS OF AGE, ON THE DATE OF
40 THE DISTRICT ELECTION; THAT I WILL HAVE BEEN A RESIDENT OF THIS STATE
41 AND OF THE DISTRICT IF ANY, SHOWN ON THE REVERSE SIDE OF THIS ENVELOPE
42 FOR THIRTY DAYS NEXT PRECEDING THE SAID ELECTION AND THAT I AM OR ON
43 SUCH DATE WILL BE, A REGISTERED VOTER OF SAID DISTRICT; THAT I WILL BE
44 UNABLE TO APPEAR PERSONALLY ON THE DAY OF SAID DISTRICT ELECTION AT THE
45 POLLING PLACE OF THE SAID DISTRICT IN WHICH I AM OR WILL BE A QUALIFIED
46 VOTER BECAUSE OF THE REASON STATED ON MY APPLICATION HERETOFORE SUBMIT-
47 TED; THAT I HAVE NOT QUALIFIED, NOR DO I INTEND TO VOTE, ELSEWHERE THAN
48 AS SET FORTH ON THE REVERSE SIDE OF THIS ENVELOPE; THAT I HAVE NOT
49 RECEIVED OR OFFERED, DO NOT EXPECT TO RECEIVE, HAVE NOT PAID, OFFERED OR
50 PROMISED TO PAY, CONTRIBUTED, OFFERED OR PROMISED TO CONTRIBUTE TO
51 ANOTHER TO BE PAID OR USED, ANY MONEY OR OTHER VALUABLE THING, AS A
52 COMPENSATION OR REWARD FOR THE GIVING OR WITHHOLDING OF A VOTE AT THIS
53 DISTRICT ELECTION, AND HAVE NOT MADE ANY PROMISE TO INFLUENCE THE GIVING
54 OR WITHHOLDING OF ANY SUCH VOTES; THAT I HAVE NOT MADE OR BECOME DIRECT-
55 LY OR INDIRECTLY INTERESTED IN ANY BET OR WAGER DEPENDING UPON THE
56 RESULT OF THIS DISTRICT ELECTION; AND THAT I HAVE NOT BEEN CONVICTED OF
A. 5755 6
1 BRIBERY OR ANY INFAMOUS CRIME, OR, IF SO CONVICTED, THAT I HAVE BEEN
2 PARDONED OR RESTORED TO ALL THE RIGHTS OF A CITIZEN, WITHOUT RESTRICTION
3 AS TO THE RIGHT OF SUFFRAGE, OR RECEIVED A CERTIFICATE OF GOOD CONDUCT
4 GRANTED BY THE BOARD OF PAROLE PURSUANT TO THE PROVISIONS OF THE EXECU-
5 TIVE LAW REMOVING MY DISABILITY TO REGISTER AND VOTE.
6 I HEREBY DECLARE THAT THE FOREGOING IS A TRUE STATEMENT TO THE BEST OF
7 MY KNOWLEDGE AND BELIEF, AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL
8 FALSE STATEMENT IN THE FOREGOING STATEMENT OF ABSENTEE VOTER, I SHALL BE
9 GUILTY OF A MISDEMEANOR."
10 DATE ............ SIGNATURE OF VOTER.......................
11 C. THE ENVELOPE SHALL BE GUMMED, READY FOR SEALING, AND SHALL HAVE
12 PRINTED THEREON, ON THE SIDE OPPOSITE THE STATEMENT, INSTRUCTIONS AS TO
13 THE DUTIES OF THE VOTER AFTER THE MARKING OF THE BALLOT, WHICH
14 INSTRUCTIONS SHALL INCLUDE A SPECIFIC DIRECTION STATING THAT THE ENVEL-
15 OPE MUST REACH THE OFFICE OF THE DISTRICT NOT LATER THAN FIVE P.M. ON
16 THE DAY OF THE ELECTION IN ORDER THAT HIS OR HER VOTE MAY BE CANVASSED.
17 D. A PERSON WHO SHALL MAKE ANY MATERIAL FALSE STATEMENT IN THE STATE-
18 MENT OF ABSENTEE VOTER APPEARING ON THE REVERSE SIDE OF THE ENVELOPE AS
19 PROVIDED IN THIS SUBDIVISION, SHALL BE GUILTY OF A MISDEMEANOR.
20 6. A. THE SECRETARY OF THE DISTRICT SHALL MAKE A LIST OF ALL PERSONS
21 TO WHOM ABSENTEE VOTER'S BALLOTS SHALL HAVE BEEN ISSUED AND KEEP SUCH
22 LIST ON FILE IN THE OFFICE WHERE IT SHALL BE AVAILABLE FOR PUBLIC
23 INSPECTION DURING REGULAR OFFICE HOURS UNTIL THE DAY OF THE ELECTION.
24 ANY QUALIFIED VOTER MAY, UPON EXAMINATION OF SUCH LIST, FILE A WRITTEN
25 CHALLENGE OF THE QUALIFICATIONS AS A VOTER OF ANY PERSON WHOSE NAME
26 APPEARS ON SUCH LIST, STATING THE REASONS FOR SUCH CHALLENGE. SUCH WRIT-
27 TEN CHALLENGE SHALL BE TRANSMITTED BY THE SECRETARY TO THE INSPECTORS OF
28 ELECTION ON ELECTION DAY.
29 B. SUCH LIST SHALL ALSO BE POSTED IN A CONSPICUOUS PLACE OR PLACES
30 DURING THE ELECTION, AND ANY QUALIFIED VOTER MAY CHALLENGE THE ACCEPT-
31 ANCE OF THE ABSENTEE VOTER'S BALLOT OF ANY PERSON ON SUCH LIST, BY
32 MAKING HIS OR HER CHALLENGE AND THE REASONS THEREFOR KNOWN TO THE
33 ELECTION INSPECTORS BEFORE THE CLOSE OF THE POLLS.
34 7. A. THE SECRETARY OF THE DISTRICT SHALL BE AUTHORIZED TO CALL UPON
35 THE CHIEF OF POLICE OR THE COUNTY SHERIFF AND THE OFFICERS AND MEMBERS
36 OF THE POLICE FORCE OR SHERIFF'S DEPARTMENT FOR SUCH ASSISTANCE IN THE
37 ENFORCEMENT OF THE PROVISIONS OF THIS SECTION AS SUCH BOARD SHALL
38 REQUIRE, AND SUCH CHIEF AND OFFICERS AND MEMBERS OF THE POLICE FORCE AND
39 SHERIFF'S DEPARTMENT SHALL BE AUTHORIZED TO RENDER SUCH ASSISTANCE.
40 B. THE ELECTION INSPECTORS OF THE DISTRICT MAY REQUIRE ANY PERSON TO
41 ATTEND BEFORE THEM AT THE OFFICE OF THE SECRETARY OF THE DISTRICT AND BE
42 EXAMINED AS TO ANY MATTER IN RELATION TO WHICH SUCH DISTRICT IS CHARGED
43 WITH A DUTY UNDER THIS SECTION, AND MAY ISSUE A SUBPOENA THEREFOR. EACH
44 MEMBER OF SUCH ELECTION INSPECTORS DISTRICT SHALL BE AUTHORIZED TO
45 ADMINISTER ANY OATH THAT MAY BE REQUIRED OR AUTHORIZED BY LAW IN THIS
46 CONNECTION.
47 8. NO ABSENTEE VOTER'S BALLOT SHALL BE CANVASSED, UNLESS IT SHALL HAVE
48 BEEN RECEIVED IN THE OFFICE OF THE SECRETARY OF THE DISTRICT NOT LATER
49 THAN 5 P.M. ON THE DAY OF THE ELECTION.
50 9. THE SECRETARY OF THE DISTRICT SHALL, ON THE DAY OF THE ELECTION,
51 TRANSMIT ALL ABSENTEE VOTERS' ENVELOPES, RECEIVED BY HIM OR HER IN
52 ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION, TO THE ELECTION
53 INSPECTORS.
54 10. IF, AT THE DISTRICT ELECTION, ANY ABSENTEE VOTERS' ENVELOPES SHALL
55 HAVE BEEN RECEIVED AT THE POLLING PLACE, THE ELECTION INSPECTORS IMME-
56 DIATELY AFTER THE CLOSING OF THE POLLS SHALL EXAMINE THEM, AND SHALL
A. 5755 7
1 COMPARE THE SIGNATURE, IF ANY, ON EACH ENVELOPE WITH THE SIGNATURE, IF
2 ANY, ON THE REGISTER, OF THE PERSON OF THE SAME NAME WHO REGISTERED FROM
3 THE SAME ADDRESS. IF THE SIGNATURES ARE FOUND TO CORRESPOND, THE
4 ELECTION INSPECTORS SHALL CERTIFY THERETO BY SIGNING THEIR INITIALS
5 OPPOSITE THE NAME OF THE VOTER AT THE APPROPRIATE PLACE IN THE REGISTER.
6 IF A PERSON WHOSE NAME IS ON AN ENVELOPE AS A VOTER, SHALL HAVE ALREADY
7 VOTED IN PERSON AT SUCH DISTRICT ELECTION, OR IF HIS OR HER NAME, RESI-
8 DENCE AND SIGNATURE, AS STATED ON THE ENVELOPE, ARE NOT ON THE REGISTER,
9 OR IF THERE IS NO SIGNATURE ON THE ENVELOPE, THIS ENVELOPE SHALL BE LAID
10 ASIDE UNOPENED AND BE RETURNED UNOPENED TO THE SECRETARY OF THE
11 DISTRICT. IF SUCH PERSON IS FOUND TO BE REGISTERED AND HAS NOT SO VOTED
12 IN PERSON, AND IF NO OBJECTION IS MADE, OR IF AN OBJECTION MADE BE NOT
13 SUSTAINED, THE ENVELOPE SHALL BE OPENED AND THE BALLOT WITHDRAWN WITHOUT
14 UNFOLDING AND DEPOSITED IN THE PROPER BOX OR BOXES. AT THE TIME OF THE
15 DEPOSIT OF SUCH BALLOT, THE ELECTION INSPECTORS SHALL ENTER THE WORDS
16 "ABSENTEE VOTE" AT AN APPROPRIATE PLACE IN THE REGISTER.
17 11. DURING SUCH EXAMINATION ANY QUALIFIED VOTER PRESENT IN THE POLLING
18 PLACE MAY OBJECT TO THE VOTING OF THE BALLOT CONTAINED IN ANY ENVELOPE
19 UPON THE GROUND OR GROUNDS (A) THAT THE PERSON NAMED THEREON IS NOT A
20 QUALIFIED VOTER OF THE DISTRICT, OR (B) THAT HE OR SHE WAS WITHIN THE
21 COUNTY OR CITY WHILE THE POLLS OF THE ELECTION WERE OPEN, EXCEPT WHERE
22 THE APPLICANT IS A PATIENT IN A HOSPITAL LOCATED WITHIN THE COUNTY OR
23 CITY OR DETAINED OR CONFINED IN A JAIL LOCATED WITHIN THE COUNTY OR CITY
24 AND EXCEPT WHERE THE BALLOT WAS OBTAINED UPON THE GROUND OF INABILITY TO
25 APPEAR PERSONALLY AT THE POLLING PLACE ON THE DAY OF THE DISTRICT
26 ELECTION BECAUSE OF ILLNESS OR PHYSICAL DISABILITY, OR (C) THAT HE OR
27 SHE WAS ABLE TO APPEAR PERSONALLY WHILE THE POLLS WERE OPEN, IN CASES
28 WHERE THE BALLOT WAS OBTAINED UPON THE GROUND THAT THE VOTER WAS A
29 PATIENT IN A HOSPITAL LOCATED WITHIN THE COUNTY OR CITY OR DETAINED OR
30 CONFINED IN A JAIL LOCATED WITHIN THE COUNTY OR CITY OR UPON THE GROUND
31 OF INABILITY TO APPEAR PERSONALLY AT THE POLLING PLACE ON THE DAY OF THE
32 ELECTION BECAUSE OF ILLNESS OR PHYSICAL DISABILITY, OR (D) THAT HE OR
33 SHE WAS NOT ENTITLED TO CAST SUCH BALLOT. AN ELECTION INSPECTOR SHALL
34 MAKE SUCH AN OBJECTION IF HE OR SHE SHALL KNOW OR SUSPECT THAT THE
35 PERSON NAMED ON SUCH ENVELOPE IS NOT SUCH A QUALIFIED VOTER OR WAS SO
36 WITHIN THE DISTRICT OR WAS ABLE SO TO APPEAR PERSONALLY, OR WAS NOT
37 ENTITLED TO CAST SUCH BALLOT. THE ELECTION INSPECTORS SHALL FORTHWITH
38 PROCEED TO DETERMINE EACH OBJECTION INCLUDING ANY WRITTEN CHALLENGE
39 TRANSMITTED TO THEM BY THE DISTRICT SECRETARY AS PROVIDED IN SUBDIVISION
40 SIX OF THIS SECTION. UNLESS THE ELECTION INSPECTORS, BY MAJORITY VOTE,
41 SHALL SUSTAIN THE OBJECTION, THE CHAIRMAN, OR IF HE OR SHE REFUSES,
42 ANOTHER ELECTION INSPECTOR SHALL ENDORSE UPON THE ENVELOPE THE OBJECTION
43 AND THE WORDS "NOT SUSTAINED," SHALL SIGN SUCH ENDORSEMENT, AND SHALL
44 OPEN THE ENVELOPE AND DEPOSIT THE BALLOT AS PROVIDED IN THIS SECTION.
45 SHOULD THE ELECTION INSPECTORS, BY MAJORITY VOTE, SUSTAIN SUCH
46 OBJECTION, THE OBJECTION AND WORD "SUSTAINED" SHALL BE SIMILARLY
47 ENDORSED UPON THE ENVELOPE, THE ENVELOPE SHALL NOT BE OPENED NOR THE
48 BALLOTS THEREIN CANVASSED, AND SUCH ENVELOPE SHALL BE RETURNED UNOPENED
49 TO THE SECRETARY OF THE DISTRICT. IF THE ELECTION INSPECTORS SHALL HAVE
50 RECEIVED AN ENVELOPE ENDORSED WITH THE NAME OF A PERSON WHO TO THE KNOW-
51 LEDGE OF THE ELECTION INSPECTORS IS DECEASED ON THE DAY OF THE ELECTION,
52 THE ELECTION INSPECTORS SHALL RETURN SUCH ENVELOPE UNOPENED TO THE
53 SECRETARY OF THE DISTRICT WITH THE WORDS "DECEASED--OBJECTION SUSTAINED"
54 ENDORSED ON THE ENVELOPE.
55 12. IF THE ELECTION INSPECTORS SHALL HAVE RECEIVED AN ENVELOPE, AND
56 UPON OPENING THE SAME NO BALLOT SHALL BE FOUND THEREIN, THE ELECTION
A. 5755 8
1 INSPECTORS SHALL MAKE A MEMORANDUM SHOWING THAT THE BALLOT IS MISSING.
2 WHEN THE CASTING OF ABSENTEE VOTERS' BALLOTS SHALL HAVE BEEN COMPLETED,
3 THE ELECTION INSPECTORS SHALL ASCERTAIN THE NUMBER OF SUCH BALLOTS WHICH
4 HAVE BEEN DEPOSITED IN THE BALLOT BOX BY DEDUCTING FROM THE NUMBER OF
5 ENVELOPES OPENED THE NUMBER OF MISSING BALLOTS, AND SHALL MAKE A SEPA-
6 RATE RETURN THEREOF IN DUPLICATE. THE NUMBER OF ABSENTEE VOTERS' BALLOTS
7 DEPOSITED IN THE BALLOT BOX SHALL BE ADDED TO THE NUMBER OF OTHER
8 BALLOTS DEPOSITED IN THE BALLOT BOX IN ORDER TO DETERMINE THE NUMBER OF
9 ALL BALLOTS TO BE ACCOUNTED FOR IN THE BALLOT BOX. SUCH BALLOTS SHALL
10 THEN BE COUNTED OR CANVASSED BY THE ELECTION INSPECTORS ALONG WITH THE
11 OTHER BALLOTS CAST AT SUCH DISTRICT ELECTION, OR, WHERE VOTING MACHINES
12 ARE USED, SHALL BE ADDED TO THE VOTES RECORDED ON SUCH MACHINES.
13 13. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ABSENTEE BALLOTS AT
14 LIBRARY BOARD ELECTIONS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW. THE
15 PROVISIONS OF ANY OTHER LAW AS THEY RELATE TO LIBRARY BOARD ELECTIONS
16 NOT INCONSISTENT HEREWITH SHALL APPLY TO THE CONDUCT OF SUCH ELECTIONS.
17 S 4. The town law is amended by adding a new section 89 to read as
18 follows:
19 S 89. SPECIAL DISTRICT ELECTIONS IN THE COUNTY OF NASSAU. THE TOWN
20 BOARD SHALL ADOPT A RESOLUTION AT LEAST TWENTY DAYS BEFORE EVERY SPECIAL
21 ELECTION DESIGNATING THE HOURS OF OPENING AND CLOSING THE POLLS AND THE
22 PLACE OR PLACES OF HOLDING THE ELECTION, AND SETTING FORTH IN FULL ALL
23 PROPOSITIONS TO BE VOTED UPON. IF THE TOWN BOARD SHALL DESIGNATE MORE
24 THAN ONE VOTING PLACE, THE RESOLUTION AND THE NOTICE HEREINAFTER
25 PROVIDED FOR SHALL SPECIFY THE PLACE AT WHICH THE QUALIFIED VOTERS OF
26 EACH ELECTION DISTRICT SHALL VOTE. THE POLLS SHALL REMAIN OPEN FOR AT
27 LEAST NINE CONSECUTIVE HOURS BETWEEN EIGHT O'CLOCK IN THE FORENOON AND
28 EIGHT O'CLOCK IN THE EVENING. THE VOTING UPON A PROPOSITION SHALL BE BY
29 BALLOT AND EACH PROPOSITION SUBMITTED SHALL BE SEPARATELY STATED AND
30 NUMBERED THEREON. THE TOWN CLERK SHALL GIVE NOTICE OF SUCH SPECIAL
31 ELECTION AT THE EXPENSE OF THE TOWN BY THE PUBLICATION OF A NOTICE IN A
32 NEWSPAPER PUBLISHED IN SAID TOWN, IF THERE BE ANY, OR, IF THERE BE NONE,
33 IN A NEWSPAPER PUBLISHED IN THE COUNTY HAVING GENERAL CIRCULATION IN THE
34 TOWN, SPECIFYING THE TIME WHEN AND PLACE OR PLACES WHERE SUCH ELECTION
35 WILL BE HELD, THE HOURS DURING WHICH THE POLLS WILL REMAIN OPEN FOR THE
36 PURPOSE OF RECEIVING BALLOTS, AND SETTING FORTH IN FULL ALL PROPOSITIONS
37 TO BE VOTED UPON. THE FIRST PUBLICATION OF SUCH NOTICE SHALL BE AT LEAST
38 TEN DAYS PRIOR TO THE TIME OF SUCH SPECIAL ELECTION.
39 S 5. This act shall take effect immediately.
