NY State Senate Bill 2017-S3047

Senate Bill S3047

2017-2018 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
Jan 03, 2018	referred to local government
Jan 19, 2017	referred to local government

2017-S3047 (ACTIVE) - Details

See Assembly Version of this Bill:: A5058
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
2015-2016: S7059, A1183

2017-S3047 (ACTIVE) - Summary

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

2017-S3047 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3047

 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 :

2015-16: S.7059 Referred to Local Government; A.1183-B Referred to
Local Governments
2013-14: A.7365-A
2011-12: A.2585-D & S.7696

 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.

2017-S3047 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3047
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 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.

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

                                                            LBD00664-01-7

 S. 3047                             2

   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.] 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.............

 S. 3047                             3

   [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
   (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.

 S. 3047                             4
 
   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.
   § 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.

 S. 3047                             5

   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
 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

 S. 3047                             6
 
   (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 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.
   §  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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