LBD01640-01-9
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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.................20..... .....................................
Signature or mark of voter
.....................................
Signature of Witness (required only
if voter does not sign his own name)
.....................................
Address of Witness
S 3. Subdivisions 1, 2, 3 and 4 of section 8-400 of the election law,
the opening paragraph of subdivision 1 as amended by chapter 359 of the
laws of 1989, the opening paragraph of subdivision 2 as amended and
paragraph (d) of subdivision 2 as added by chapter 216 of the laws of
1988, paragraph (a) of subdivision 2 as amended by chapter 263 of the
laws of 1991, paragraph (c) of subdivision 2 as amended by chapter 321
of the laws of 1988, subparagraph (i) of paragraph (c) of subdivision 3
as amended by chapter 234 of the laws of 1976, paragraph (d) of subdivi-
sion 3 as added by chapter 373 of the laws of 1986 and subdivision 4 as
amended by chapter 163 of the laws of 1985, are amended to read as
follows:
1. A qualified voter may vote as an absentee voter under this chapter
if, on the occurrence of any village election conducted by the board of
elections, primary election, special election, general election or New
York city community school board district or city of Buffalo school
district election, he [will be:
(a) unavoidably absent from the county of his residence, or, if a
resident of the city of New York absent from said city, because his
duties, occupation, business, or studies require him to be elsewhere on
the day of election; or
(b) absent from such county or city because he is on vacation else-
where on the day of election; or
(c) unable to appear personally at the polling place of the election
district in which he is a qualified voter because of illness or physical
disability, whether permanent or temporary, or because he will be or is
a patient in a hospital; or
(d) he is a person entitled to a ballot because he is a qualified
voter registered as an inmate or patient of a veteran's administration
hospital; or
(e) absent from the county of his residence, or if a resident of the
city of New York, absent from said city, because of his accompanying a
spouse, parent or child who would be entitled to apply for the right to
vote by absentee ballot if a qualified voter; or
(f) absent from his voting residence because he is detained in jail
awaiting action by a grand jury or awaiting trial, or confined in prison
after a conviction for an offense other than a felony, provided that he
is qualified to vote in the election district of his residence.] OR SHE
IS A QUALIFIED AND REGISTERED VOTER OF THIS STATE WHO WANTS TO VOTE BY
ABSENTEE BALLOT.
2. A qualified voter desiring to vote at such election as an absentee
voter [for any reason specified in subdivision one hereof must] SHALL
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make application for an absentee ballot on a form to be obtained and
filed as provided [herein] IN THIS CHAPTER or by letter as provided in
paragraph (d) of this subdivision.
(a) Application forms shall be furnished by and may be obtained from
any board of elections at any time until the day before such election.
Application forms shall also be supplied by the board of inspectors of
the election district in which applicant is a qualified voter on all of
the days provided for local registration. In addition, application forms
shall be supplied upon the request of the person authorized to vote
pursuant to this section, any such person's spouse, parent or child, a
person residing with the applicant as a member of his OR HER household,
or the applicant's duly authorized agent. Application forms sent outside
of the United States to a country other than Canada or Mexico, shall be
sent airmail. Any reference to "board of elections" in the remaining
provisions of this section, except with respect to the furnishing and
obtaining of applications for absentee ballots, means only the board of
elections of the county or city in which the applicant is a qualified
voter.
(b) Applications may be filed either with the board of elections or in
person with the board of inspectors of the election district in which
the applicant is a qualified voter, on one of the days provided for
local registration.
(c) All applications must be mailed to the board of elections not
later than the seventh day before the election for which a ballot is
first requested or delivered to such board not later than the day before
such election.
(d) The board of elections shall mail an absentee ballot to every
qualified voter [otherwise eligible for such a ballot,] who requests
such an absentee ballot from such board of elections in a letter, which
is signed by the voter and received by the board of elections not earli-
er than the thirtieth day nor later than the seventh day before the
election for which the ballot is first requested and which states the
address where the voter is registered and the address to which the
ballot is to be mailed. The board of elections shall enclose with such
ballot a form of application for absentee ballot.
3. The application for an absentee ballot when filed must contain in
each instance the following information:
(a) Applicant's full name 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 town or city and an
address to which the ballot shall be mailed.
(b) A statement that the applicant is a qualified and registered
voter, and that he OR SHE does not know of any reason why he OR SHE is
no longer qualified to vote.
(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 catego-
ries:
(i) unavoidably absent from the county of his residence, or if a resi-
dent of the city of New York absent from said city, because his duties,
occupation, business or studies require him to be elsewhere on such day,
and where such duties, occupation, business or studies are not of such a
nature as ordinarily to require such absence, a statement briefly
describing the special circumstances requiring such absence and the
dates when he expects to begin and end such absence; or
(ii) absent from the county of his residence, or if a resident of the
city of New York absent from said city, because he will be on vacation
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elsewhere on such day, the dates upon which he expects to begin and end
such vacation, the place or places where he expects to be on such vaca-
tion, the name and address of his employer, if any, or if self-employed
or retired a statement to such effect; or
(iii) ill or physically disabled; that he has been advised by his
medical practitioner or christian science practitioner, giving said
practitioner's name and address, that he will not be able to go to his
polling place for such election, and whether said illness is permanent
or temporary; if he expects to be a patient in a hospital he shall state
the name and address of said hospital; or
(iv) entitled to a ballot because he is a qualified voter registered
as an inmate or patient of a veteran's administration hospital; or
(v) detained in jail awaiting action by a grand jury or awaiting trial
or confined in prison after a conviction for an offense other than a
felony and stating the place where he is so detained or confined; or
(vi) absent from the county of his residence, or if a resident of the
city of New York absent from said city, because of his accompanying his
spouse, parent or child who falls within one of the foregoing catego-
ries; a statement that the applicant resides in the same election
district as such spouse, parent or child, the name and address of such
spouse, parent or child, and, unless the application accompanies the
application of such spouse, parent or child, the information as to the
status of such spouse, parent or child required by the applicable cate-
gory.
(d)] Such application shall permit the applicant to apply for an
absentee ballot for either a primary election or the general election OR
BOTH in any year [and for those persons who will be continuously absent
from their county of residence during the period between the fall prima-
ry election and the general election in any year to apply for ballots
for both such elections in such year].
4. A voter who claims permanent illness or physical disability may
make application for an absentee ballot and the right to receive an
absentee ballot for each election thereafter [as provided herein] with-
out further application, by filing with the board of elections an appli-
cation which shall contain a statement to be executed by the voter show-
ing the particulars of his OR HER illness or disability. Upon filing of
such application the board of elections shall investigate the facts
stated therein and if satisfied as to the truth thereof, shall cause the
registration records of the voter to be marked "Permanently Disabled"
and thereafter shall send an absentee ballot for each succeeding prima-
ry, special or general election to such voter at his OR HER last known
address by first class mail 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 for
each election shall continue until such voter's registration is
cancelled.
S 4. Subdivision 1 of section 15-120 of the election law, paragraph
(b) as amended by chapter 373 of the laws of 1978, is amended to read as
follows:
1. A qualified elector 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 [will be:
(a) Unavoidably absent from the county in which his residence is
located because:
i. he is a member of the armed forces of the United States of America;
or
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ii. he is a student matriculated at an institution of learning located
outside such county; or
iii. he is a patient at a veterans administration hospital; or
iv. his duties, occupation or business require him to be so absent,
provided, however, such absence is not caused by the fact that his regu-
lar and daily place of business is located outside of said county.
(b) Absent from the county in which his residence is located because
he is on vacation outside said county.
(c) He is the spouse, parent or child of, and resides in the same
household with, a person qualified under any of the foregoing paragraphs
of this subdivision and will also be absent from said county by reason
of accompanying the person so qualified.] OR SHE IS A QUALIFIED ELECTOR
OF THE VILLAGE WHO WANTS TO VOTE BY ABSENTEE BALLOT.
S 5. This act shall take effect immediately.