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This entry was published on 2020-07-17
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SECTION 7-122
Ballots; absentee voters
Election (ELN) CHAPTER 17, ARTICLE 7, TITLE 1
§ 7-122. Ballots; absentee voters. 1. (a) Ballots for absentee voters
shall be, as nearly as practicable, in the same form as those to be
voted in the district on election day, except that such ballots need not
have a stub, and shall have the words "Absentee Ballot", endorsed
thereon.

(b) All provisions of this chapter not inconsistent with this
subdivision shall be applicable to absentee ballots prepared for
counting by a ballot scanner or by hand. The instructions for marking an
absentee ballot shall be provided and shall be substantially as follows,
so that they accurately reflect the ballot layout:

INSTRUCTIONS

Mark the (insert "oval" or "square") to the left of the name of your
choice. (Provide illustration of correctly-marked voting position here.)
To vote for a candidate whose name is not printed on the ballot, (insert
"mark the oval (or square) to the left of 'write-in' and print the name
clearly" or "print the name clearly in the box labeled 'write-in'"),
staying within the box. Any mark or writing outside the spaces provided
for voting may void the entire ballot. You have a right to a replacement
ballot. If you make a mistake or want to change your vote, call the
board of elections at (insert phone number here) for instructions on how
to obtain a new ballot. The number of choices is listed for each
contest. Do not mark the ballot for more candidates than allowed. If you
do, your vote in that contest will not count.

(c) When a question or proposal is included on the ballot,
instructions substantially similar to those provided in subdivision
fifteen of section 7-104 of this article shall be included.

2. The determination of the appropriate county board of elections as
to the candidates duly designated or nominated for public office or
party position whose name shall appear on the absentee ballot and as to
ballot proposals to be voted on shall be made no later than the day
after the state board of elections issues its certification of those
candidates to be voted for at the general, special or primary election.
The determinations of the state board of elections and the respective
county boards of elections shall be final and conclusive with respect to
such offices for which petitions or certificates are required to be
filed with such boards, as the case may be but nothing herein contained
shall prevent a board of elections, or a court of competent jurisdiction
from determining at a later date that any such certification,
designation or nomination is invalid and, in the event of such later
determination, no vote cast for any such nominee by any voter shall be
counted at the election.

3. There shall be three envelopes for each absentee ballot issued by
mail: the inner affirmation envelope into which a voter places his or
her voted ballot, the outer envelope which shall be addressed to the
absentee voter, and the mailing envelope which is addressed to the
county board of elections. The board of elections shall furnish with
each absentee ballot an inner affirmation envelope. On one side of the
envelope shall be printed:

OFFICIAL ABSENTEE BALLOT

for

GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
........., 20.....
Name of voter.........................................
Residence (street and number if any)..................
City/or town of.......(village, if any)...............
County of.............................................
Assembly district ....................................
Legislative District (as applicable) .................
Ward (as applicable) .................................
Election District.....................................
Party Enrollment (in case of primary election)........

4. The date of the election, name of the county, and name of a city,
if there be a separate ballot for city voters, shall be printed, and the
name of the voter, residence, number of the assembly district, if any,
name of town, number of ward, if any, election district and party
enrollment, if required, shall be either printed or written or stamped
in by the board.

5. There shall also be a place for two board of elections staff
members or inspectors of opposite political parties to indicate, by
placing their initials thereon, that they have checked and marked the
voter's poll record.

6. On the reverse side of such inner affirmation envelope shall be
printed the following statement:

AFFIRMATION

I do declare that I am a citizen of the United States, that I am duly
registered in the election district shown on the reverse side of this
envelope and I am qualified to vote in such district; that I will be
unable to appear personally on the day of the election for which this
ballot is voted at the polling place of the election district in which I
am a qualified voter because of the reason given on my application
heretofore submitted; that I have not qualified nor do I intend to vote
elsewhere, that I have not committed any act nor am I under any
impediment which denies me the right to 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.................20..... .....................................

Signature or mark of voter

.....................................

Signature of Witness (required only

if voter does not sign his or her own

name)

.....................................

Address of Witness

7. The inner affirmation 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
when such ballot must be postmarked and when such ballot must reach the
office of the board of elections in order to be canvassed.

8. Each inner affirmation ballot envelope shall be enclosed in an
outer envelope addressed to the appropriate board of elections and
bearing on it a specific direction that if an original application for
an absentee ballot is received with the ballot, such application must be
completed by the voter and returned in the outer envelope together with
the sealed inner affirmation envelope containing the absentee ballot
within the time limits for receipt of the absentee ballot itself. Such
inner affirmation envelope and outer envelope shall be enclosed in the
third envelope addressed to the absentee voter. The outer and third
envelopes shall have printed on the face thereof the words "Election
Material--Please Expedite".