NY State Senate Bill 2015-S7059

Senate Bill S7059

2015-2016 Legislative Session

Sets forth provisions for absentee ballots for fire district elections and improvement district elections

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2016	referred to local government

2015-S7059 (ACTIVE) - Details

See Assembly Version of this Bill:: A1183
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §§175-b & 213-b, Town L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4316
2011-2012: A2585
2013-2014: A7365
2017-2018: S3047, A5058

2015-S7059 (ACTIVE) - Summary

Sets forth provisions for absentee ballots for fire district elections and improvement district elections.

2015-S7059 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7059

 TITLE OF BILL :

An act to amend the town law, in relation to absentee ballots for fire
district elections and improvement district elections

 PURPOSE :

The purpose of this legislation is to set forth provisions for
absentee ballots for fire district elections and improvement district
elections.

 SUMMARY OF PROVISIONS :

Section 1. Subdivision e of section 175-b of the Town Law as follows:
A qualified voter may vote as an absentee voter under this section if
during all the hours of voting on the day of a fire district election:

a. he or she will be absent from the county of his or her residence;
or unable to appear at the polling place because of illness, physical
disability, duties related to primary care of one or more individuals
who are ill or physically disabled, or because he or she will be or is
a patient in a hospital or an inmate or patient of a veteran's
administration hospital, or detained in jail awaiting action by a
grand jury or awaiting trial or confined in jail or prison after a

conviction for an offense other than a felony, provided that he or she
is qualified to vote in the election district of his or her residence;
and

b. as long as the voter has made a written application, as prescribed
by the state board of elections, with the district secretary; and

c. he or she filed an absentee ballot application containing the
applicants full name, date of birth, residence address, mailing
address, a statement that the applicant is a qualified and registered
voter, and a statement that expects to be absent from the county of
their residence; and

d. if the voter is permanently disabled and meets provisions required
to receive the absentee; and

e. he or she has met the appropriate application deadlines; and

f. if the voter has met the absentee ballot deadlines.

Section 2. Amends Subdivision 2 of section 213 - of the Town Law to
read as follows: A qualified voter may vote as an absentee voter under
this section if during all the hours of voting on the day of an
improvement district election:

a. will be absent from the country of his or her residence; or

b. each person entitled to vote as an absentee voter pursuant to this
section and desirous of an absentee ballot shall make a written
applications, as prescribed by the state board of elections, to the
district secretary; and

c. he or she filed an absentee ballet application containing the
applicants full name, date of birth, residence address, mailing
address, a statement that the applicant is a qualified and registered
voter, and a statement that he or she expects to be absent from the
county of their residence; and

d. sets forth provisions regarding absentee ballots for those
permanently disabled; and
e. sets forth provisions regarding application deadlines; and f sets
forth provisions regarding absentee ballot deadlines.

Section 3. Establishes the effective date.

 JUSTIFICATION :

Election Law was amended in 2010 simplifying the absentee ballot
application for registered voters. The new simplified absentee ballot
application needs to be enacted in Town Law so that the absentee
ballot application for the fire district and improvement elections is
the same.

 LEGISLATIVE HISTORY :

A. 7365-A of 2013/2014
A. 2585-D and S. 7696 of 2011/2012

 FISCAL IMPLICATIONS :

There are no fiscal implications to the State associated with the
passage of this legislation.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S7059 (ACTIVE) - Bill Text download pdf

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

                                  7059

                            I N  S E N A T E

                             March 21, 2016
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to absentee ballots  for  fire
  district elections and improvement district elections

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 175-b of the town law, as  amended
by chapter 401 of the laws of 1996, is amended to read as follows:
  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 town 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  town;  (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 physical disability or (b) because of 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 prison after conviction for an offense other than a felo-
ny.  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 deliv-
ered 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-

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

                                                           LBD01546-04-6

S. 7059                             2

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.] A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE VOTER UNDER THIS SECTION
IF DURING ALL THE HOURS OF VOTING ON THE DAY OF A FIRE DISTRICT ELECTION
HE OR SHE EXPECTS TO BE:
  (1) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
  (2) UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR  PHYS-
ICAL  DISABILITY,  OR  DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE
INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED, OR  BECAUSE  HE  OR  SHE
WILL BE OR IS A PATIENT IN A HOSPITAL; OR
  (3) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (4)  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
CONFINED  IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER THAN
A FELONY, PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN  THE  ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  B.  EACH PERSON ENTITLED TO VOTE AS AN ABSENTEE VOTER PURSUANT TO THIS
SECTION AND DESIROUS OF OBTAINING AN ABSENTEE BALLOT SHALL MAKE  WRITTEN
APPLICATION  THEREFOR  TO  THE DISTRICT SECRETARY. APPLICATION FORMS FOR
USE PURSUANT TO THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE  STATE
BOARD  OF  ELECTIONS.  THE  USE  OF  ANY  APPLICATION WHICH IS ON A FORM
PRESCRIBED BY THE STATE BOARD OF ELECTIONS  SHALL  BE  ACCEPTABLE.  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. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST CONTAIN
IN EACH INSTANCE THE FOLLOWING INFORMATION:

S. 7059                             3

  (1) APPLICANT'S FULL NAME,  DATE  OF  BIRTH,  AND  RESIDENCE  ADDRESS,
INCLUDING  THE  STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE, IF ANY,
MAILING ADDRESS IF DIFFERENT FROM THE RESIDENCE ADDRESS AND  AN  ADDRESS
TO WHICH THE BALLOT SHALL BE MAILED.
  (2)  A  STATEMENT  THAT  THE  APPLICANT  IS A QUALIFIED AND REGISTERED
VOTER.
  (3) 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:
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH COUNTY  FOR  A  DURATION
COVERING  MORE  THAN  ONE ELECTION AND SEEKS AN ABSENTEE BALLOT FOR EACH
ELECTION, HE OR SHE SHALL STATE THE DATES WHEN  HE  OR  SHE  EXPECTS  TO
BEGIN AND END SUCH ABSENCE; OR
  (B) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYSICAL
DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE INDIVID-
UALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (D) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
OR  CONFINED  IN  JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER
THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS  SO  DETAINED  OR
CONFINED.
  (4) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE  BALLOT  IN  ANY  YEAR.   A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT
SHALL BE SENT AN ABSENTEE BALLOT FOR ANY  FIRE  DISTRICT  ELECTION  THAT
OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
  D.  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 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.
  E. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT SECRETARY NO EARLI-
ER THAN THE THIRTIETH DAY BEFORE THE  ELECTION  FOR  WHICH  AN  ABSENTEE
BALLOT  IS  SOUGHT. IF THE APPLICATION REQUESTS THAT THE ABSENTEE BALLOT
BE MAILED, SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN  SEVEN  DAYS
BEFORE  THE  ELECTION. IF THE APPLICANT OR HIS OR HER AGENT DELIVERS THE
APPLICATION TO THE DISTRICT SECRETARY IN PERSON, SUCH  APPLICATION  MUST
BE  RECEIVED  NOT  LATER  THAN THE DAY BEFORE THE ELECTION. THE DISTRICT
SECRETARY SHALL EXAMINE EACH APPLICATION AND SHALL  DETERMINE  FROM  THE
INFORMATION  CONTAINED  THEREIN WHETHER THE APPLICANT IS QUALIFIED UNDER
THIS SECTION TO RECEIVE AN ABSENTEE BALLOT.
  F. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
HAS BEEN RECEIVED AND FOR WHICH THE DISTRICT  SECRETARY  HAS  DETERMINED
THE  APPLICANT  TO  BE QUALIFIED TO VOTE BY ABSENTEE BALLOT THE DISTRICT

S. 7059                             4

SECRETARY SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALI-
FIED APPLICANT WHO HAS APPLIED BEFORE SUCH DAY  AND  WHO  HAS  REQUESTED
THAT  SUCH  ABSENTEE  BALLOT  BE MAILED TO HIM OR HER AT THE ADDRESS SET
FORTH  IN  HIS  OR HER APPLICATION. IF THE APPLICANT OR HIS OR HER AGENT
DELIVERS THE APPLICATION TO THE DISTRICT SECRETARY IN PERSON  AFTER  THE
SEVENTH  DAY  BEFORE  THE ELECTION AND NOT LATER THAN THE DAY BEFORE THE
ELECTION, THE DISTRICT SECRETARY SHALL FORTHWITH DELIVER  SUCH  ABSENTEE
BALLOTS  FOR THOSE APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO
MAKE SUCH APPLICATIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR
THE AGENTS NAMED IN THE APPLICATIONS  WHEN  SUCH  APPLICANTS  OR  AGENTS
APPEAR IN THE DISTRICT SECRETARY'S OFFICE.
  S 2. Subdivision 2 of section 213-b of the town law, as added by chap-
ter 400 of the laws of 1985, is amended to read as follows:
  2. a. [An applicant for such an absentee ballot shall submit an appli-
cation  setting  forth (1) his name and residence address, including the
street and number, if any, or town and rural delivery route, if any; (2)
that he is or will be, on the day of the election, a qualified voter  of
the district in which he resides in that he 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 is registered in the town; (4) that he will be unable
to appear to vote in person on the day of the  election  for  which  the
absentee ballot is requested because he 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  duties,  occupation  or  business  will  require him to be
outside of the county or city of his residence on such day, (c)  because
he  will  be  on vacation outside the county or city of his residence on
such day; or, (d)  absent  from  his  voting  residence  because  he  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 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 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 will be on vacation elsewhere  on  such  day,
such  application  shall also contain the dates upon which he expects to
begin and end such vacation, the place or places where he expects to  be
on  such  vacation, the name and address of his 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 were a qualified voter,  enti-
tled  to  apply  for  the  right  to  vote  by absentee ballot under the
provisions of this section, his spouse, parent or child, if a  qualified
voter  and a resident of the same district, shall be entitled to vote as

S. 7059                             5

an absentee voter upon personally making and signing an  application  in
accordance with the preceding provisions of this subdivision and showing
that  he  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 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 improvement district shall require.
  f.] A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE VOTER UNDER THIS SECTION
IF  DURING ALL THE HOURS OF VOTING ON THE DAY OF AN IMPROVEMENT DISTRICT
ELECTION HE OR SHE EXPECTS TO BE:
  (1) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
  (2) UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR  PHYS-
ICAL  DISABILITY,  OR  DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE
INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED, OR  BECAUSE  HE  OR  SHE
WILL BE OR IS A PATIENT IN A HOSPITAL; OR
  (3) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (4)  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
CONFINED  IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER THAN
A FELONY, PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN  THE  ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  B.  EACH PERSON ENTITLED TO VOTE AS AN ABSENTEE VOTER PURSUANT TO THIS
SECTION AND DESIROUS OF OBTAINING AN ABSENTEE BALLOT SHALL MAKE  WRITTEN
APPLICATION  THEREFOR  TO  THE DISTRICT SECRETARY. APPLICATION FORMS FOR
USE PURSUANT TO THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE  STATE
BOARD  OF  ELECTIONS.  THE  USE  OF  ANY  APPLICATION WHICH IS ON A FORM
PRESCRIBED BY THE STATE BOARD OF ELECTIONS  SHALL  BE  ACCEPTABLE.  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.   THE APPLICATION FOR  AN  ABSENTEE  BALLOT  WHEN  FILED  MUST
CONTAIN IN EACH INSTANCE THE FOLLOWING INFORMATION:
  (1)  APPLICANT'S  FULL  NAME,  DATE  OF  BIRTH, AND RESIDENCE ADDRESS,
INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE,  IF  ANY,
MAILING  ADDRESS  IF DIFFERENT FROM THE RESIDENCE ADDRESS AND AN ADDRESS
TO WHICH THE BALLOT SHALL BE MAILED.
  (2) A STATEMENT THAT THE  APPLICANT  IS  A  QUALIFIED  AND  REGISTERED
VOTER.
  (3)  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:
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
IF  THE  APPLICANT  EXPECTS TO BE ABSENT FROM SUCH COUNTY FOR A DURATION
COVERING MORE THAN ONE ELECTION AND SEEKS AN ABSENTEE  BALLOT  FOR  EACH
ELECTION,  HE  OR  SHE  SHALL  STATE THE DATES WHEN HE OR SHE EXPECTS TO
BEGIN AND END SUCH ABSENCE; OR
  (B) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYSICAL
DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE INDIVID-
UALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR

S. 7059                             6

  (D) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
OR CONFINED IN JAIL OR PRISON AFTER A CONVICTION FOR  AN  OFFENSE  OTHER
THAN  A  FELONY  AND STATING THE PLACE WHERE HE OR SHE IS SO DETAINED OR
CONFINED.
  (4) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE  BALLOT  IN  ANY  YEAR.   A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT
SHALL BE SENT AN ABSENTEE BALLOT FOR ANY IMPROVEMENT DISTRICT ELECTION.
  D. An applicant whose ability to  appear  personally  at  the  polling
place  of the district of which he is a qualified voter is substantially
impaired by reason of permanent illness or physical disability and whose
registration record has been marked "permanently disabled" 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  improvement  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 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 board  of  inspectors  of  the
improvement 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.
  E. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT SECRETARY NO EARLI-
ER  THAN  THE  THIRTIETH  DAY  BEFORE THE ELECTION FOR WHICH AN ABSENTEE
BALLOT IS SOUGHT. IF THE APPLICATION REQUESTS THAT THE  ABSENTEE  BALLOT
BE  MAILED,  SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN SEVEN DAYS
BEFORE THE ELECTION. IF THE APPLICANT OR HIS OR HER AGENT  DELIVERS  THE
APPLICATION  TO  THE DISTRICT SECRETARY IN PERSON, SUCH APPLICATION MUST
BE RECEIVED NOT LATER THAN THE DAY BEFORE  THE  ELECTION.  THE  DISTRICT
SECRETARY  SHALL  EXAMINE  EACH APPLICATION AND SHALL DETERMINE FROM THE
INFORMATION CONTAINED THEREIN WHETHER THE APPLICANT IS  QUALIFIED  UNDER
THIS SECTION TO RECEIVE AN ABSENTEE BALLOT.
  F. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
HAS  BEEN  RECEIVED  AND FOR WHICH THE DISTRICT SECRETARY HAS DETERMINED
THE APPLICANT TO BE QUALIFIED TO VOTE BY ABSENTEE  BALLOT  THE  DISTRICT
SECRETARY SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALI-
FIED  APPLICANT  WHO  HAS  APPLIED BEFORE SUCH DAY AND WHO HAS REQUESTED
THAT SUCH ABSENTEE BALLOT BE MAILED TO HIM OR HER  AT  THE  ADDRESS  SET
FORTH  IN  HIS  OR HER APPLICATION. IF THE APPLICANT OR HIS OR HER AGENT
DELIVERS THE APPLICATION TO THE DISTRICT SECRETARY IN PERSON  AFTER  THE
SEVENTH  DAY  BEFORE  THE ELECTION AND NOT LATER THAN THE DAY BEFORE THE
ELECTION, THE DISTRICT SECRETARY SHALL FORTHWITH DELIVER  SUCH  ABSENTEE
BALLOTS  FOR THOSE APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO
MAKE SUCH APPLICATIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR
THE AGENTS NAMED IN THE APPLICATIONS  WHEN  SUCH  APPLICANTS  OR  AGENTS
APPEAR IN THE DISTRICT SECRETARY'S OFFICE.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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