S T A T E   O F   N E W   Y O R K
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                                  8216

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2009
                               ___________

Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
  tee on Local Governments

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:

  Section  1. Subdivision 1 of section 175-b of the town law, as amended
by chapter 401 of the laws of 1996, is amended to read as follows:
  1. The board of fire commissioners of any fire district in which offi-
cers are elected, [may]  SHALL,  by  resolution,  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.
  S  2.  The  education  law is amended by adding a new section 255-a to
read as follows:
  S 255-A. ELECTION OF LIBRARY BOARD MEMBERS. 1.  THE BOARD  SHALL  GIVE
NOTICE OF THE ANNUAL ELECTION BY THE PUBLICATION OF A NOTICE ONCE IN ONE
OR  MORE  NEWSPAPERS  HAVING  A GENERAL CIRCULATION IN THE DISTRICT. THE
FIRST PUBLICATION OF SUCH NOTICE SHALL BE  NOT  LESS  THAN  TWENTY-SEVEN
DAYS  AND  NOT  MORE  THAN  THIRTY-FOUR  DAYS  PRIOR TO THE DATE OF SUCH
ELECTION. SUCH NOTICE SHALL SPECIFY THE TIME WHEN AND  THE  PLACE  WHERE
SUCH ELECTION WILL BE HELD, THE OFFICERS TO BE ELECTED THEREAT AND THEIR
TERMS  OF  OFFICE, AND THE HOURS DURING WHICH THE POLLS WILL BE OPEN FOR
THE RECEIPT OF BALLOTS. THE SECRETARY OF SUCH DISTRICT SHALL PREPARE THE
BALLOTS FOR ALL ELECTIONS OF BOARD MEMBERS AND THE  POLLS  SHALL  REMAIN
OPEN  FOR  THE  RECEIPT  THEREOF  AT ALL ELECTIONS OF BOARD MEMBERS FROM
TWELVE O'CLOCK NOON UNTIL NINE O'CLOCK IN THE  EVENING  AND  SUCH  ADDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09008-01-9
              

A. 8216                             2

TIONAL CONSECUTIVE HOURS PRIOR THERETO AS THE BOARD OF SUCH DISTRICT MAY
HAVE  DETERMINED  AND  SPECIFIED  IN THE NOTICE THEREOF. THE BOARD SHALL
DESIGNATE A RESIDENT DISTRICT ELECTOR, WHO SHALL BE A  REGISTERED  VOTER
OF THE MUNICIPALITY, TO ACT AS CHAIRMAN OF ANY ELECTION OF SAID DISTRICT
AND  SHALL  DESIGNATE  NOT  LESS  THAN  TWO  NOR MORE THAN FOUR RESIDENT
DISTRICT ELECTORS, WHO SHALL BE REGISTERED VOTERS OF THE MUNICIPALITY TO
ACT AS ELECTION INSPECTORS AND  BALLOT  CLERKS  AT  SUCH  ELECTIONS.  NO
MEMBER  OF  THE  BOARD  SHALL  SERVE  AS SUCH CHAIRMAN OR AS AN ELECTION
INSPECTOR OR BALLOT CLERK. THE BOARD MAY ADOPT  A  RESOLUTION  PROVIDING
THAT  SUCH CHAIRMAN, ELECTION INSPECTORS AND BALLOT CLERKS SHALL BE PAID
FOR THEIR RESPECTIVE SERVICES AT ANY SUCH  ANNUAL  ELECTION  OR  AT  ANY
SPECIAL ELECTION OF THE DISTRICT. SUCH RESOLUTION, IF ADOPTED, SHALL FIX
THE  AMOUNT  OF SUCH COMPENSATION, AS FOLLOWS: IF THE HOURS DURING WHICH
THE POLLS WILL BE OPEN FOR  THE  RECEIPT  OF  BALLOTS  ARE  FROM  TWELVE
O'CLOCK  NOON  UNTIL  NINE  O'CLOCK  IN THE EVENING, A SUM NOT TO EXCEED
THIRTY-FIVE DOLLARS FOR EACH SUCH OFFICIAL;  IF  ADDITIONAL  CONSECUTIVE
HOURS  PRIOR  TO TWELVE O'CLOCK NOON ARE DETERMINED AND SPECIFIED IN THE
NOTICE OF ELECTION, A SUM NOT TO EXCEED  FIFTY  DOLLARS  FOR  EACH  SUCH
OFFICIAL.
  2.  EVERY  ELECTOR OF THE MUNICIPALITY WHO SHALL BE A REGISTERED VOTER
AND WHO SHALL HAVE RESIDED IN THE DISTRICT FOR THE PERIOD OF THIRTY DAYS
NEXT PRECEDING ANY ELECTION OF BOARD MEMBERS SHALL BE QUALIFIED TO  VOTE
FOR  SUCH  MEMBERS.  EVERY  ELECTOR  OF  THE MUNICIPALITY WHO SHALL BE A
REGISTERED VOTER AND WHO SHALL HAVE RESIDED  IN  THE  DISTRICT  FOR  THE
PERIOD OF THIRTY DAYS NEXT PRECEDING ANY ELECTION AT WHICH A PROPOSITION
SHALL BE SUBMITTED, SHALL BE QUALIFIED TO VOTE UPON SUCH PROPOSITION.
  3. EVERY BOARD MEMBER, TREASURER AND SECRETARY MUST AT THE TIME OF HIS
OR  HER ELECTION OR APPOINTMENT AND THROUGHOUT HIS OR HER TERM OF OFFICE
BE A RESIDENT OF SUCH DISTRICT.
  4. THERE SHALL BE  CONSPICUOUSLY  PLACED,  BY  THE  RESIDENT  ELECTOR,
DISTANCE  MARKERS  AT  A  DISTANCE  OF ONE HUNDRED FEET FROM THE POLLING
PLACE. SUCH DISTANCE MARKERS SHALL BE SO PLACED AT LEAST  ONE-HALF  HOUR
BEFORE  THE  OPENING  OF THE POLLS AND SHALL REMAIN UNTIL SUCH POLLS ARE
CLOSED. THE ONE HUNDRED FOOT DISTANCE SHALL BE DEEMED TO INCLUDE  A  ONE
HUNDRED FOOT RADIAL MEASURED FROM THE ENTRANCES, DESIGNATED BY THE RESI-
DENT  ELECTOR,  TO  A BUILDING WHERE SUCH ELECTION IS BEING HELD.  WHILE
THE POLLS ARE OPEN NO PERSON SHALL  DO  ANY  ELECTIONEERING  WITHIN  THE
POLLING PLACE, OR IN ANY PUBLIC STREET WITHIN THE ONE HUNDRED FOOT RADI-
AL, OR WITHIN SUCH DISTANCE IN ANY PLACE IN A PUBLIC MANNER. NO ELECTIO-
NEERING  BANNER, BUTTON, POSTER OR PLACARD ON BEHALF OF OR IN OPPOSITION
TO ANY CANDIDATE OR ISSUE TO BE VOTED UPON SHALL BE ALLOWED IN  OR  UPON
THE  POLLING  PLACE OR WITHIN SUCH ONE HUNDRED FEET THEREFROM DURING THE
ELECTION. ANY PERSON WHO  WILLFULLY  VIOLATES  THE  PROVISIONS  OF  THIS
SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR.
  5.  ALL  OFFICIAL  BALLOTS  SHALL  REMAIN  IN  THE CUSTODY OF ELECTION
INSPECTORS WITHIN THE POLLING PLACE FROM THE OPENING OF THE POLLS  UNTIL
THE  ANNOUNCEMENT  OF  THE  RESULT OF THE CANVASS AND THE SIGNING OF THE
INSPECTORS' RETURNS THEREOF. AFTER THE POLLS SHALL HAVE BEEN  CLOSED  AT
ANY  ELECTION  HELD  FOR THE ELECTION OF BOARD MEMBERS OR TO VOTE UPON A
PROPOSITION, THE ELECTION INSPECTORS AND BALLOT CLERKS SHALL IMMEDIATELY
CANVASS PUBLICLY THE BALLOTS CAST AND THE CHAIRMAN OF THE ELECTION SHALL
PUBLICLY ANNOUNCE THE RESULT. WITHIN SEVENTY-TWO HOURS  THEREAFTER,  THE
CHAIRMAN, ELECTION INSPECTORS AND BALLOT CLERKS SHALL EXECUTE AND FILE A
CERTIFICATE  OF  THE  RESULT  OF THE CANVASS WITH THE BOARD AND WITH THE
CLERK OF EACH MUNICIPALITY IN WHICH SAID DISTRICT OR  ANY  PART  THEREOF
MAY BE LOCATED.

A. 8216                             3

  6. IF IN ANY DISTRICT THE NUMBER OF VOTERS IS SO GREAT AS TO RENDER IT
INEXPEDIENT  OR IMPOSSIBLE TO CONDUCT THE ELECTION AT ONE POLLING PLACE,
THE BOARD MAY DIVIDE THE DISTRICT INTO ELECTION DISTRICTS AND PROVIDE  A
POLLING  PLACE  FOR EACH SUCH ELECTION DISTRICT, PROVIDED, HOWEVER, THAT
THE  NUMBER  OF  ELECTION DISTRICTS IN ANY DISTRICT SHALL NOT EXCEED ONE
FOR EACH SIX HUNDRED ELECTORS PLUS ONE FOR A REMAINING FRACTION  OF  SIX
HUNDRED.  IN SUCH EVENT, THE NOTICE SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION SHALL DESCRIBE THE ELECTION DISTRICTS AND STATE WHERE THE  POLL-
ING  PLACES WILL BE LOCATED, AND THE BOARD SHALL DESIGNATE NOT LESS THAN
TWO NOR MORE THAN FOUR RESIDENT DISTRICT ELECTORS, WHO SHALL  BE  REGIS-
TERED  VOTERS  OF  THE  MUNICIPALITY,  TO ACT AS ELECTION INSPECTORS AND
BALLOT CLERKS AT EACH SUCH POLLING PLACE. THE BOARD MAY ADOPT  A  RESOL-
UTION PROVIDING THAT SUCH ELECTION INSPECTORS AND BALLOT CLERKS SHALL BE
PAID FOR THEIR RESPECTIVE SERVICES AT ANY SUCH ANNUAL ELECTION OR AT ANY
SPECIAL  ELECTION  OF THE DISTRICT.   SUCH RESOLUTION, IF ADOPTED, SHALL
FIX THE AMOUNT OF SUCH COMPENSATION AS  FOLLOWS:  IF  THE  HOURS  DURING
WHICH  THE POLLS WILL BE OPEN FOR THE RECEIPT OF BALLOTS ARE FROM TWELVE
O'CLOCK NOON UNTIL NINE O'CLOCK IN THE EVENING,  A  SUM  NOT  TO  EXCEED
THIRTY-FIVE  DOLLARS  FOR  EACH SUCH OFFICIAL; IF ADDITIONAL CONSECUTIVE
HOURS PRIOR TO TWELVE O'CLOCK NOON ARE DETERMINED AND SPECIFIED  IN  THE
NOTICE  OF  ELECTION,  A  SUM  NOT TO EXCEED FIFTY DOLLARS FOR EACH SUCH
OFFICIAL. NO ELECTIVE OFFICER OF THE DISTRICT SHALL SERVE AS AN ELECTION
INSPECTOR OR BALLOT CLERK.
  S 3. The education law is amended by adding a  new  section  255-b  to
read as follows:
  S  255-B.  ABSENTEE  BALLOTS.  1. THE LIBRARY BOARD OF ANY DISTRICT IN
WHICH OFFICERS ARE ELECTED, SHALL, BY RESOLUTION, PROVIDE  FOR  ABSENTEE
BALLOTS  FOR  LIBRARY BOARD 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 NAME AND RESIDENCE ADDRESS,  INCLUD-
ING  THE  STREET  AND NUMBER, IF ANY, OR CITY, TOWN OR VILLAGE AND RURAL
DELIVERY ROUTE, IF ANY; (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 MUNICIPALITY; (4) THAT HE OR SHE
WILL BE 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  PHYS-
ICAL  DISABILITY,  (B) BECAUSE HIS OR HER DUTIES, OCCUPATION OR BUSINESS
WILL REQUIRE HIM OR HER TO BE OUTSIDE OF THE COUNTY OF HIS OR HER  RESI-
DENCE 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 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.

A. 8216                             4

  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 AFFIDAVIT.
  (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. 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
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  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 INSPEC-
TORS OF THE 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.
  3. IF, UPON EXAMINING THE APPLICATION REQUIRED UNDER THE PROVISIONS OF
SUBDIVISION TWO OF THIS SECTION, AND UPON SUCH INQUIRY AS IT DEEMS PROP-
ER, THE ELECTION INSPECTORS OF THE DISTRICT SHALL BE SATISFIED THAT  THE

A. 8216                             5

APPLICANT  IS A QUALIFIED VOTER OF THE DISTRICT, AND ENTITLED TO VOTE BY
ABSENTEE BALLOT, SUCH ELECTION INSPECTORS SHALL PLACE HIS  OR  HER  NAME
UPON A LIST, THEREUPON THE APPLICANT SHALL BE ISSUED OR MAILED AN ABSEN-
TEE  VOTER'S  BALLOT  AND  THE ELECTION INSPECTORS OF THE DISTRICT SHALL
MAKE AN APPROPRIATE ENTRY ON THE LIST INDICATING THAT AN ABSENTEE BALLOT
HAS BEEN APPLIED FOR BY, AND ISSUED TO, THE APPLICANT.
  4. BALLOTS FOR ABSENTEE VOTERS SHALL BE, AS NEARLY AS PRACTICABLE,  IN
THE SAME FORM AS THOSE TO BE VOTED AT THE DISTRICT ELECTION; IF THE VOTE
AT  SUCH  ELECTION SHALL BE BY BALLOT, THE ABSENTEE BALLOT SHALL CONFORM
TO THAT PART OF THE REGULAR BALLOT WHICH  RELATES  TO  THE  ELECTION  OF
BOARD  MEMBERS; IF THE VOTE OF SUCH ELECTION SHALL BE BY VOTING MACHINE,
THE ABSENTEE BALLOT SHALL CONFORM AS CLOSELY AS POSSIBLE TO  THE  MANNER
IN  WHICH    THE  NAMES OF THE CANDIDATES APPEAR ON THE VOTING MACHINES,
EXCEPT THAT THE ABSENTEE BALLOT SHALL ALSO CONTAIN A SPACE FOR A  WRITE-
IN  OR  WRITE-INS. ON THE BACK OF SUCH ABSENTEE BALLOTS SHALL BE PRINTED
THE WORDS "OFFICIAL BALLOT, ABSENTEE VOTER," FOLLOWED BY THE WORDS  "FOR
MEMBERS OF BOARD OF TRUSTEES OF LIBRARY DISTRICT."
  5.  A.  THE  BOARD OF REGISTRATION SHALL ENCLOSE EACH ABSENTEE VOTER'S
BALLOT IN AN ENVELOPE WHICH SHALL BE LABELED:
  ELECTION MATERIAL
  PLEASE EXPEDITE
  ON ONE SIDE OF SUCH ENVELOPE SHALL BE PRINTED:
  OFFICIAL BALLOT, ABSENTEE VOTER
  AT
  LIBRARY  DISTRICT  ELECTION  NAME  OF  VOTER..........................
RESIDENCE  (STREET  AND  NUMBER,  IF  ANY)............ CITY (OR TOWN) OF
...................... COUNTY OF ............................    LIBRARY
DISTRICT........................
  THE  DATE  OF  THE ELECTION AND NAME OF THE DISTRICT SHALL BE PRINTED,
AND THE NAME OF THE VOTER, RESIDENCE AND DISTRICT SHALL BE WRITTEN IN BY
THE DISTRICT.
  B. ON THE REVERSE SIDE OF SUCH ENVELOPE SHALL BE PRINTED THE FOLLOWING
STATEMENT:
  STATEMENT OF ABSENTEE VOTER
  "I DO DECLARE THAT I WILL HAVE BEEN A CITIZEN OF THE UNITED STATES FOR
THIRTY DAYS, AND WILL BE AT LEAST EIGHTEEN YEARS OF AGE, ON THE DATE  OF
THE  DISTRICT  ELECTION;  THAT I WILL HAVE BEEN A RESIDENT OF THIS STATE
AND OF THE DISTRICT IF ANY, SHOWN ON THE REVERSE SIDE OF  THIS  ENVELOPE
FOR  THIRTY  DAYS  NEXT  PRECEDING THE SAID ELECTION AND THAT I AM OR ON
SUCH DATE WILL BE, A REGISTERED VOTER OF SAID DISTRICT; THAT I  WILL  BE
UNABLE  TO APPEAR PERSONALLY ON THE DAY OF SAID DISTRICT ELECTION AT THE
POLLING PLACE OF THE SAID DISTRICT IN WHICH I AM OR WILL BE A  QUALIFIED
VOTER  BECAUSE OF THE REASON STATED ON MY APPLICATION HERETOFORE SUBMIT-
TED; THAT I HAVE NOT QUALIFIED, NOR DO I INTEND TO VOTE, ELSEWHERE  THAN
AS  SET  FORTH  ON  THE  REVERSE  SIDE OF THIS ENVELOPE; THAT I HAVE NOT
RECEIVED OR OFFERED, DO NOT EXPECT TO RECEIVE, HAVE NOT PAID, OFFERED OR
PROMISED TO PAY, CONTRIBUTED,  OFFERED  OR  PROMISED  TO  CONTRIBUTE  TO
ANOTHER  TO  BE  PAID  OR  USED, ANY MONEY OR OTHER VALUABLE THING, AS A
COMPENSATION OR REWARD FOR THE GIVING OR WITHHOLDING OF A VOTE  AT  THIS
DISTRICT ELECTION, AND HAVE NOT MADE ANY PROMISE TO INFLUENCE THE GIVING
OR WITHHOLDING OF ANY SUCH VOTES; THAT I HAVE NOT MADE OR BECOME DIRECT-
LY  OR  INDIRECTLY  INTERESTED  IN  ANY  BET OR WAGER DEPENDING UPON THE
RESULT OF THIS DISTRICT ELECTION; AND THAT I HAVE NOT BEEN CONVICTED  OF
BRIBERY  OR  ANY  INFAMOUS  CRIME, OR, IF SO CONVICTED, THAT I HAVE BEEN
PARDONED OR RESTORED TO ALL THE RIGHTS OF A CITIZEN, WITHOUT RESTRICTION
AS TO THE RIGHT OF SUFFRAGE, OR RECEIVED A CERTIFICATE OF  GOOD  CONDUCT

A. 8216                             6

GRANTED  BY THE BOARD OF PAROLE PURSUANT TO THE PROVISIONS OF THE EXECU-
TIVE LAW REMOVING MY DISABILITY TO REGISTER AND VOTE.
  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 ............ SIGNATURE OF VOTER.......................
  C. THE ENVELOPE SHALL BE GUMMED, READY FOR  SEALING,  AND  SHALL  HAVE
PRINTED  THEREON, ON THE SIDE OPPOSITE THE STATEMENT, INSTRUCTIONS AS TO
THE DUTIES  OF  THE  VOTER  AFTER  THE  MARKING  OF  THE  BALLOT,  WHICH
INSTRUCTIONS  SHALL INCLUDE A SPECIFIC DIRECTION STATING THAT THE ENVEL-
OPE MUST REACH THE OFFICE OF THE DISTRICT NOT LATER  THAN  FIVE  P.M. ON
THE DAY OF THE ELECTION IN ORDER THAT HIS OR HER VOTE MAY BE CANVASSED.
  D.  A PERSON WHO SHALL MAKE ANY MATERIAL FALSE STATEMENT IN THE STATE-
MENT OF ABSENTEE VOTER APPEARING ON THE REVERSE SIDE OF THE ENVELOPE  AS
PROVIDED IN THIS SUBDIVISION, SHALL BE GUILTY OF A MISDEMEANOR.
  6.  A.  THE SECRETARY OF THE DISTRICT SHALL MAKE A LIST OF ALL PERSONS
TO WHOM ABSENTEE VOTER'S BALLOTS SHALL HAVE BEEN ISSUED  AND  KEEP  SUCH
LIST  ON  FILE  IN  THE  OFFICE  WHERE  IT SHALL BE AVAILABLE FOR PUBLIC
INSPECTION DURING REGULAR OFFICE HOURS UNTIL THE DAY  OF  THE  ELECTION.
ANY  QUALIFIED  VOTER MAY, UPON EXAMINATION OF SUCH LIST, FILE A WRITTEN
CHALLENGE OF THE QUALIFICATIONS AS A VOTER  OF  ANY  PERSON  WHOSE  NAME
APPEARS ON SUCH LIST, STATING THE REASONS FOR SUCH CHALLENGE. SUCH WRIT-
TEN CHALLENGE SHALL BE TRANSMITTED BY THE SECRETARY TO THE INSPECTORS OF
ELECTION ON ELECTION DAY.
  B.  SUCH  LIST  SHALL  ALSO BE POSTED IN A CONSPICUOUS PLACE OR PLACES
DURING THE ELECTION, AND ANY QUALIFIED VOTER MAY CHALLENGE  THE  ACCEPT-
ANCE  OF  THE  ABSENTEE  VOTER'S  BALLOT  OF ANY PERSON ON SUCH LIST, BY
MAKING HIS OR HER CHALLENGE  AND  THE  REASONS  THEREFOR  KNOWN  TO  THE
ELECTION INSPECTORS BEFORE THE CLOSE OF THE POLLS.
  7.  A.  THE SECRETARY OF THE DISTRICT SHALL BE AUTHORIZED TO CALL UPON
THE CHIEF OF POLICE OR THE COUNTY SHERIFF AND THE OFFICERS  AND  MEMBERS
OF  THE  POLICE FORCE OR SHERIFF'S DEPARTMENT FOR SUCH ASSISTANCE IN THE
ENFORCEMENT OF THE PROVISIONS  OF  THIS  SECTION  AS  SUCH  BOARD  SHALL
REQUIRE, AND SUCH CHIEF AND OFFICERS AND MEMBERS OF THE POLICE FORCE AND
SHERIFF'S DEPARTMENT SHALL BE AUTHORIZED TO RENDER SUCH ASSISTANCE.
  B.  THE  ELECTION INSPECTORS OF THE DISTRICT MAY REQUIRE ANY PERSON TO
ATTEND BEFORE THEM AT THE OFFICE OF THE SECRETARY OF THE DISTRICT AND BE
EXAMINED AS TO ANY MATTER IN RELATION TO WHICH SUCH DISTRICT IS  CHARGED
WITH  A DUTY UNDER THIS SECTION, AND MAY ISSUE A SUBPOENA THEREFOR. EACH
MEMBER OF SUCH ELECTION  INSPECTORS  DISTRICT  SHALL  BE  AUTHORIZED  TO
ADMINISTER  ANY  OATH  THAT MAY BE REQUIRED OR AUTHORIZED BY LAW IN THIS
CONNECTION.
  8. NO ABSENTEE VOTER'S BALLOT SHALL BE CANVASSED, UNLESS IT SHALL HAVE
BEEN RECEIVED IN THE OFFICE OF THE SECRETARY OF THE DISTRICT  NOT  LATER
THAN 5 P.M. ON THE DAY OF THE ELECTION.
  9.  THE  SECRETARY  OF THE DISTRICT SHALL, ON THE DAY OF THE ELECTION,
TRANSMIT ALL ABSENTEE VOTERS' ENVELOPES,  RECEIVED  BY  HIM  OR  HER  IN
ACCORDANCE  WITH  SUBDIVISION  EIGHT  OF  THIS  SECTION, TO THE ELECTION
INSPECTORS.
  10. IF, AT THE DISTRICT ELECTION, ANY ABSENTEE VOTERS' ENVELOPES SHALL
HAVE BEEN RECEIVED AT THE POLLING PLACE, THE ELECTION  INSPECTORS  IMME-
DIATELY  AFTER  THE  CLOSING  OF THE POLLS SHALL EXAMINE THEM, AND SHALL
COMPARE THE SIGNATURE, IF ANY, ON EACH ENVELOPE WITH THE  SIGNATURE,  IF
ANY, ON THE REGISTER, OF THE PERSON OF THE SAME NAME WHO REGISTERED FROM
THE  SAME  ADDRESS.  IF  THE  SIGNATURES  ARE  FOUND  TO CORRESPOND, THE

A. 8216                             7

ELECTION INSPECTORS SHALL CERTIFY  THERETO  BY  SIGNING  THEIR  INITIALS
OPPOSITE THE NAME OF THE VOTER AT THE APPROPRIATE PLACE IN THE REGISTER.
IF  A PERSON WHOSE NAME IS ON AN ENVELOPE AS A VOTER, SHALL HAVE ALREADY
VOTED  IN PERSON AT SUCH DISTRICT ELECTION, OR IF HIS OR HER NAME, RESI-
DENCE AND SIGNATURE, AS STATED ON THE ENVELOPE, ARE NOT ON THE REGISTER,
OR IF THERE IS NO SIGNATURE ON THE ENVELOPE, THIS ENVELOPE SHALL BE LAID
ASIDE UNOPENED  AND  BE  RETURNED  UNOPENED  TO  THE  SECRETARY  OF  THE
DISTRICT.  IF SUCH PERSON IS FOUND TO BE REGISTERED AND HAS NOT SO VOTED
IN PERSON, AND IF NO OBJECTION IS MADE, OR IF AN OBJECTION MADE  BE  NOT
SUSTAINED, THE ENVELOPE SHALL BE OPENED AND THE BALLOT WITHDRAWN WITHOUT
UNFOLDING  AND  DEPOSITED IN THE PROPER BOX OR BOXES. AT THE TIME OF THE
DEPOSIT OF SUCH BALLOT, THE ELECTION INSPECTORS SHALL  ENTER  THE  WORDS
"ABSENTEE VOTE" AT AN APPROPRIATE PLACE IN THE REGISTER.
  11. DURING SUCH EXAMINATION ANY QUALIFIED VOTER PRESENT IN THE POLLING
PLACE  MAY  OBJECT TO THE VOTING OF THE BALLOT CONTAINED IN ANY ENVELOPE
UPON THE GROUND OR GROUNDS (A) THAT THE PERSON NAMED THEREON  IS  NOT  A
QUALIFIED  VOTER  OF  THE DISTRICT, OR (B) THAT HE OR SHE WAS WITHIN THE
COUNTY OR CITY WHILE THE POLLS OF THE ELECTION WERE OPEN,  EXCEPT  WHERE
THE  APPLICANT  IS  A PATIENT IN A HOSPITAL LOCATED WITHIN THE COUNTY OR
CITY OR DETAINED OR CONFINED IN A JAIL LOCATED WITHIN THE COUNTY OR CITY
AND EXCEPT WHERE THE BALLOT WAS OBTAINED UPON THE GROUND OF INABILITY TO
APPEAR PERSONALLY AT THE POLLING  PLACE  ON  THE  DAY  OF  THE  DISTRICT
ELECTION  BECAUSE  OF  ILLNESS OR PHYSICAL DISABILITY, OR (C) THAT HE OR
SHE WAS ABLE TO APPEAR PERSONALLY WHILE THE POLLS WERE  OPEN,  IN  CASES
WHERE  THE  BALLOT  WAS  OBTAINED  UPON  THE GROUND THAT THE VOTER WAS A
PATIENT IN A HOSPITAL LOCATED WITHIN THE COUNTY OR CITY OR  DETAINED  OR
CONFINED  IN A JAIL LOCATED WITHIN THE COUNTY OR CITY OR UPON THE GROUND
OF INABILITY TO APPEAR PERSONALLY AT THE POLLING PLACE ON THE DAY OF THE
ELECTION BECAUSE OF ILLNESS OR PHYSICAL DISABILITY, OR (D)  THAT  HE  OR
SHE  WAS  NOT  ENTITLED TO CAST SUCH BALLOT. AN ELECTION INSPECTOR SHALL
MAKE SUCH AN OBJECTION IF HE OR SHE  SHALL  KNOW  OR  SUSPECT  THAT  THE
PERSON  NAMED  ON  SUCH ENVELOPE IS NOT SUCH A QUALIFIED VOTER OR WAS SO
WITHIN THE DISTRICT OR WAS ABLE SO TO  APPEAR  PERSONALLY,  OR  WAS  NOT
ENTITLED  TO  CAST  SUCH BALLOT. THE ELECTION INSPECTORS SHALL FORTHWITH
PROCEED TO DETERMINE EACH  OBJECTION  INCLUDING  ANY  WRITTEN  CHALLENGE
TRANSMITTED TO THEM BY THE DISTRICT SECRETARY AS PROVIDED IN SUBDIVISION
SIX  OF  THIS SECTION. UNLESS THE ELECTION INSPECTORS, BY MAJORITY VOTE,
SHALL SUSTAIN THE OBJECTION, THE CHAIRMAN, OR  IF  HE  OR  SHE  REFUSES,
ANOTHER ELECTION INSPECTOR SHALL ENDORSE UPON THE ENVELOPE THE OBJECTION
AND  THE  WORDS  "NOT SUSTAINED," SHALL SIGN SUCH ENDORSEMENT, AND SHALL
OPEN THE ENVELOPE AND DEPOSIT THE BALLOT AS PROVIDED  IN  THIS  SECTION.
SHOULD   THE   ELECTION  INSPECTORS,  BY  MAJORITY  VOTE,  SUSTAIN  SUCH
OBJECTION,  THE  OBJECTION  AND  WORD  "SUSTAINED"  SHALL  BE  SIMILARLY
ENDORSED  UPON  THE  ENVELOPE,  THE ENVELOPE SHALL NOT BE OPENED NOR THE
BALLOTS THEREIN CANVASSED, AND SUCH ENVELOPE SHALL BE RETURNED  UNOPENED
TO  THE SECRETARY OF THE DISTRICT. IF THE ELECTION INSPECTORS SHALL HAVE
RECEIVED AN ENVELOPE ENDORSED WITH THE NAME OF A PERSON WHO TO THE KNOW-
LEDGE OF THE ELECTION INSPECTORS IS DECEASED ON THE DAY OF THE ELECTION,
THE ELECTION INSPECTORS SHALL  RETURN  SUCH  ENVELOPE  UNOPENED  TO  THE
SECRETARY OF THE DISTRICT WITH THE WORDS "DECEASED--OBJECTION SUSTAINED"
ENDORSED ON THE ENVELOPE.
  12.  IF  THE  ELECTION INSPECTORS SHALL HAVE RECEIVED AN ENVELOPE, AND
UPON OPENING THE SAME NO BALLOT SHALL BE  FOUND  THEREIN,  THE  ELECTION
INSPECTORS  SHALL  MAKE A MEMORANDUM SHOWING THAT THE BALLOT IS MISSING.
WHEN THE CASTING OF ABSENTEE VOTERS' BALLOTS SHALL HAVE BEEN  COMPLETED,
THE ELECTION INSPECTORS SHALL ASCERTAIN THE NUMBER OF SUCH BALLOTS WHICH

A. 8216                             8

HAVE  BEEN  DEPOSITED  IN THE BALLOT BOX BY DEDUCTING FROM THE NUMBER OF
ENVELOPES OPENED THE NUMBER OF MISSING BALLOTS, AND SHALL MAKE  A  SEPA-
RATE RETURN THEREOF IN DUPLICATE. THE NUMBER OF ABSENTEE VOTERS' BALLOTS
DEPOSITED  IN  THE  BALLOT  BOX  SHALL  BE  ADDED TO THE NUMBER OF OTHER
BALLOTS DEPOSITED IN THE BALLOT BOX IN ORDER TO DETERMINE THE NUMBER  OF
ALL  BALLOTS  TO  BE ACCOUNTED FOR IN THE BALLOT BOX. SUCH BALLOTS SHALL
THEN BE COUNTED OR CANVASSED BY THE ELECTION INSPECTORS ALONG  WITH  THE
OTHER  BALLOTS CAST AT SUCH DISTRICT ELECTION, OR, WHERE VOTING MACHINES
ARE USED, SHALL BE ADDED TO THE VOTES RECORDED ON SUCH MACHINES.
  13. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ABSENTEE BALLOTS  AT
LIBRARY BOARD ELECTIONS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW. THE
PROVISIONS  OF  ANY  OTHER LAW AS THEY RELATE TO LIBRARY BOARD ELECTIONS
NOT INCONSISTENT HEREWITH SHALL APPLY TO THE CONDUCT OF SUCH ELECTIONS.
  S 4. The town law is amended by adding a new section  89  to  read  as
follows:
  S  89.  SPECIAL  DISTRICT  ELECTIONS IN THE COUNTY OF NASSAU. THE TOWN
BOARD SHALL ADOPT A RESOLUTION AT LEAST TWENTY DAYS BEFORE EVERY SPECIAL
ELECTION DESIGNATING THE HOURS OF OPENING AND CLOSING THE POLLS AND  THE
PLACE  OR  PLACES OF HOLDING THE ELECTION, AND SETTING FORTH IN FULL ALL
PROPOSITIONS TO BE VOTED UPON. IF THE TOWN BOARD  SHALL  DESIGNATE  MORE
THAN  ONE  VOTING  PLACE,  THE  RESOLUTION  AND  THE  NOTICE HEREINAFTER
PROVIDED FOR SHALL SPECIFY THE PLACE AT WHICH THE  QUALIFIED  VOTERS  OF
EACH  ELECTION  DISTRICT  SHALL VOTE. THE POLLS SHALL REMAIN OPEN FOR AT
LEAST NINE CONSECUTIVE HOURS BETWEEN EIGHT O'CLOCK IN THE  FORENOON  AND
EIGHT  O'CLOCK IN THE EVENING. THE VOTING UPON A PROPOSITION SHALL BE BY
BALLOT AND EACH PROPOSITION SUBMITTED SHALL  BE  SEPARATELY  STATED  AND
NUMBERED  THEREON.  THE  TOWN  CLERK  SHALL  GIVE NOTICE OF SUCH SPECIAL
ELECTION AT THE EXPENSE OF THE TOWN BY THE PUBLICATION OF A NOTICE IN  A
NEWSPAPER PUBLISHED IN SAID TOWN, IF THERE BE ANY, OR, IF THERE BE NONE,
IN A NEWSPAPER PUBLISHED IN THE COUNTY HAVING GENERAL CIRCULATION IN THE
TOWN,  SPECIFYING  THE TIME WHEN AND PLACE OR PLACES WHERE SUCH ELECTION
WILL BE HELD, THE HOURS DURING WHICH THE POLLS WILL REMAIN OPEN FOR  THE
PURPOSE OF RECEIVING BALLOTS, AND SETTING FORTH IN FULL ALL PROPOSITIONS
TO BE VOTED UPON. THE FIRST PUBLICATION OF SUCH NOTICE SHALL BE AT LEAST
TEN DAYS PRIOR TO THE TIME OF SUCH SPECIAL ELECTION.
  S 5. This act shall take effect immediately.