S T A T E O F N E W Y O R K
________________________________________________________________________
3516--A
2009-2010 Regular Sessions
I N S E N A T E
March 23, 2009
___________
Introduced by Sens. STEWART-COUSINS, ADAMS, HASSELL-THOMPSON, HUNTLEY,
C. JOHNSON -- read twice and ordered printed, and when printed to be
committed to the Committee on Local Government -- recommitted to the
Committee on Local Government in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the town law, in relation to absentee ballots for fire
district elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 175-b of the town law, as
amended by chapter 401 of the laws of 1996, are amended to read as
follows:
1. The board of fire commissioners of any fire district in which offi-
cers are elected[, may, by resolution,] SHALL provide for absentee
ballots for fire district elections, in accordance with the provisions
of this section. [Such resolution shall take effect at the first such
election held more than sixty days after its adoption and shall continue
in effect for all such elections until a subsequent resolution providing
otherwise shall, in like manner, have taken effect.]
2. a. An applicant for such an absentee ballot shall submit an appli-
cation setting forth (1) his or her FULL name, DATE OF BIRTH and resi-
dence address, including the street and number, if any, or town and
rural delivery route, if any MAILING ADDRESS IF DIFFERENT FROM THE RESI-
DENCE ADDRESS AND HIS OR HER TOWN OR CITY AND AN ADDRESS TO WHICH THE
BALLOT SHALL BE MAILED; (2) that he or she is or will be, on the day of
the election, a qualified voter of the district in which he or she
resides in that he or she is or will be, on such date, over eighteen
years of age, a citizen of the United States and has or will have
resided in the district for thirty days next preceding such date; (3)
that he or she is registered in the town; (4) that he or she will be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01660-05-0
S. 3516--A 2
unable to appear to vote in person on the day of the election for which
the absentee ballot is requested because he or she is, or will be on
such day (a) a patient in a hospital, or unable to appear personally at
the polling place on such day because of illness or physical disability
or (b) [because his or her duties, occupation or business will require
him or her to be outside of the county of his or her residence on such
day, (c) because he or she will be on vacation outside the county of his
or her residence on such day; 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 is confined in JAIL OR prison after
conviction for an offense other than a felony. Such application must be
received by the district secretary at least seven days before the
election if the ballot is to be mailed to the voter, or the day before
the election, if the ballot is to be delivered personally to the voter
or his or her agent.
b. [(1) Where such duties, occupation or business are of such a
nature as ordinarily to require such absence, a brief description of
such duties, occupation or business shall be set forth in such affida-
vit. (2) Where such duties, occupation or business are not of such a
nature as ordinarily to require such absence, such application shall
contain a statement of the special circumstances on account of which
such absence is required.
c. Where the applicant expects in good faith to be absent on the day
of the election because he or she will be on vacation elsewhere on such
day, such application shall also contain the dates upon which he or she
expects to begin and end such vacation, the place or places where he or
she expects to be on such vacation, the name and address of his or her
employer, if any, and if self-employed, a statement to that effect.
d. Where the absence is because of detention or confinement to jail,
such affidavit shall state whether the voter is detained awaiting action
of the grand jury or is confined after conviction for an offense other
than a felony.
e. Where a person is or would be, if he or she were a qualified
voter, entitled to apply for the right to vote by absentee ballot under
the provisions of this section, his or her spouse, parent or child, if a
qualified voter and a resident of the same district, shall be entitled
to vote as an absentee voter upon personally making and signing an
application in accordance with the preceding provisions of this subdivi-
sion and showing that he or she expects to be absent from the district
on the day of the district election by reason of accompanying or being
with the spouse, child or parent who is or would be, if he or she were a
qualified voter, so entitled to apply for the right to vote by absentee
ballot, and, in the event no application is made by such spouse, child
or parent, such further information as the fire district shall require.
f.] 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.............
[g.] C. An applicant whose ability to appear personally at the polling
place of the district of which he or she is a qualified voter is
substantially impaired by reason of permanent illness or physical disa-
bility and whose registration record has been marked "permanently disa-
bled" by the board of elections pursuant to the provisions of the
S. 3516--A 3
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 secretary of the fire district, 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 by first class mail 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 election
inspectors of the fire district shall make an appropriate entry on the
registration record indicating the fact that an absentee ballot has been
sent and the date of mailing.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.