S. 7394 2
AND FILED AS PROVIDED IN THIS SECTION, BY LETTER AS PROVIDED IN PARA-
GRAPH (D) OF THIS SUBDIVISION, OR THROUGH THE ELECTRONIC EARLY MAIL
BALLOT APPLICATION TRANSMITTAL SYSTEM PURSUANT TO SECTION 8-706 OF THIS
TITLE.
(A) APPLICATION FORMS TO VOTE EARLY BY MAIL SHALL BE FURNISHED BY AND
MAY BE OBTAINED FROM ANY BOARD OF ELECTIONS AT ANY TIME UNTIL THE DAY
BEFORE SUCH ELECTION, OR ON THE ELECTRONIC EARLY MAIL BALLOT APPLICATION
TRANSMITTAL SYSTEM. APPLICATION FORMS SHALL ALSO BE SUPPLIED BY THE
BOARD OF INSPECTORS OF THE ELECTION DISTRICT IN WHICH THE APPLICANT IS A
REGISTERED VOTER ON ALL OF THE DAYS PROVIDED FOR LOCAL REGISTRATION. IN
ADDITION, APPLICATION FORMS SHALL BE SUPPLIED UPON THE REQUEST OF THE
PERSON AUTHORIZED TO VOTE PURSUANT TO THIS SECTION, ANY SUCH PERSON'S
SPOUSE, PARENT OR CHILD, A PERSON RESIDING WITH THE APPLICANT AS A
MEMBER OF THEIR HOUSEHOLD, OR THE APPLICANT'S DULY AUTHORIZED AGENT.
APPLICATION FORMS SENT OUTSIDE OF THE UNITED STATES TO A COUNTRY OTHER
THAN CANADA OR MEXICO, SHALL BE SENT BY AIRMAIL. ANY REFERENCE TO "BOARD
OF ELECTIONS" IN THE REMAINING PROVISIONS OF THIS SECTION, EXCEPT WITH
RESPECT TO THE FURNISHING AND OBTAINING OF APPLICATIONS TO VOTE EARLY BY
MAIL, MEANS ONLY THE BOARD OF ELECTIONS OF THE COUNTY OR CITY IN WHICH
THE APPLICANT IS A REGISTERED VOTER.
(B) APPLICATIONS MAY BE FILED WITH THE BOARD OF ELECTIONS, THROUGH THE
ELECTRONIC EARLY MAIL BALLOT APPLICATION TRANSMITTAL SYSTEM OR IN PERSON
WITH THE BOARD OF INSPECTORS OF THE ELECTION DISTRICT IN WHICH THE
APPLICANT IS A REGISTERED VOTER ON ONE OF THE DAYS PROVIDED FOR LOCAL
REGISTRATION.
(C) ALL APPLICATIONS REQUESTING TO VOTE EARLY BY MAIL TRANSMITTED BY
MAIL OR THROUGH THE ELECTRONIC EARLY MAIL BALLOT APPLICATION TRANSMITTAL
SYSTEM MUST BE RECEIVED BY THE BOARD OF ELECTIONS NOT LATER THAN THE
TENTH DAY BEFORE THE ELECTION FOR WHICH A BALLOT IS FIRST REQUESTED.
APPLICATIONS TO VOTE EARLY BY MAIL DELIVERED IN PERSON AT THE BOARD OF
ELECTIONS MUST BE RECEIVED BY SUCH BOARD NOT LATER THAN THE DAY BEFORE
SUCH ELECTION.
(D) THE BOARD OF ELECTIONS SHALL MAIL AN EARLY MAIL BALLOT TO EVERY
REGISTERED VOTER OTHERWISE ELIGIBLE FOR SUCH A BALLOT, WHO REQUESTS SUCH
AN EARLY MAIL BALLOT FROM SUCH BOARD OF ELECTIONS IN WRITING IN A
LETTER, TELEFAX INDICATING THE ADDRESS, PHONE NUMBER AND THE TELEFAX
NUMBER FROM WHICH THE WRITING IS SENT OR OTHER WRITTEN INSTRUMENT, OR
THROUGH AN ELECTRONIC APPLICATION SUBMITTED BY THE VOTER THROUGH THE
ELECTRONIC EARLY MAIL BALLOT APPLICATION TRANSMITTAL SYSTEM ESTABLISHED
BY THE STATE BOARD OF ELECTIONS, WHICH IS SIGNED BY THE VOTER AND
RECEIVED BY THE BOARD OF ELECTIONS NOT LATER THAN THE TENTH DAY BEFORE
THE ELECTION FOR WHICH THE BALLOT IS FIRST REQUESTED AND WHICH STATES
THE ADDRESS WHERE THE VOTER IS REGISTERED AND THE ADDRESS TO WHICH THE
BALLOT IS TO BE MAILED.
(E) WHEN MAILING AN EARLY MAIL BALLOT APPLICATION TO A VOTER THE BOARD
OF ELECTIONS SHALL PROVIDE A DOMESTIC POSTAGE PAID RETURN ENVELOPE. WHEN
PROVIDING AN EARLY MAIL BALLOT APPLICATION TO A VOTER IN-PERSON, THE
BOARD OF ELECTIONS SHALL OFFER THE VOTER A DOMESTIC POSTAGE PAID RETURN
ENVELOPE AND PROVIDE ONE IF REQUESTED.
3. THE APPLICATION FOR AN EARLY MAIL BALLOT WHEN FILED MUST CONTAIN IN
EACH INSTANCE THE FOLLOWING INFORMATION:
(A) 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 THEIR TOWN
OR CITY AND AN ADDRESS TO WHICH THE BALLOT SHALL BE MAILED.
S. 7394 3
(B) A STATEMENT THAT THE APPLICANT IS A REGISTERED VOTER IN THE COUNTY
OR CITY WHERE THEY ARE APPLYING TO VOTE EARLY BY MAIL.
4. THE APPLICATION FOR AN EARLY MAIL BALLOT SHALL ALSO PROVIDE THE
APPLICANT THE OPPORTUNITY TO PROVIDE THEIR TELEPHONE NUMBER AND E-MAIL
ADDRESS.
5. THE APPLICATION FOR AN EARLY MAIL BALLOT SHALL ALSO PROVIDE THE
APPLICANT THE OPPORTUNITY TO REQUEST TO RECEIVE AN EARLY MAIL BALLOT FOR
ALL REMAINING ELECTIONS IN THE CALENDAR YEAR IN WHICH THE APPLICANT IS
ELIGIBLE TO VOTE. IF AN APPLICANT INDICATES IN THE APPLICATION FOR AN
EARLY MAIL BALLOT THAT THEY WISH TO RECEIVE AN EARLY MAIL BALLOT FOR ALL
REMAINING ELECTIONS IN THE CALENDAR YEAR, UPON FILING OF SUCH APPLICA-
TION, THE BOARD OF ELECTIONS SHALL INDICATE SUCH REQUEST IN THE VOTER'S
REGISTRATION RECORD. WHEN EARLY MAIL BALLOTS ARE MAILED FOR SUBSEQUENT
ELECTIONS IN THE CALENDAR YEAR IN WHICH THE VOTER IS ELIGIBLE TO VOTE,
THE BOARD OF ELECTIONS SHALL MAIL AN EARLY MAIL BALLOT TO THE VOTER AT
THEIR LAST KNOWN ADDRESS BY FIRST CLASS MAIL WITH A REQUEST TO THE
POSTAL AUTHORITIES NOT TO FORWARD SUCH BALLOT BUT TO RETURN IT IN FIVE
DAYS IN THE EVENT THAT IT CANNOT BE DELIVERED TO THE ADDRESSEE. HOWEV-
ER, THE BOARD SHALL NOT BE REQUIRED TO MAIL AN EARLY MAIL BALLOT PURSU-
ANT TO THIS SECTION IF THE VOTER'S REGISTRATION HAS BEEN CANCELED SINCE
THE FILING OF SUCH APPLICATION.
6. THE APPLICATION FOR AN EARLY MAIL BALLOT SHALL CONTAIN THE FOLLOW-
ING LANGUAGE PRINTED IN BOLD FACE DIRECTLY ABOVE THE SIGNATURE LINE: "I
CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND
UNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR ALL PURPOSES AS
THE EQUIVALENT OF AN AFFIDAVIT AND, IF IT CONTAINS A MATERIAL FALSE
STATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY
SWORN." SUCH APPLICATION SHALL BE ACCEPTED FOR ALL PURPOSES AS THE
EQUIVALENT OF AN AFFIDAVIT AND IF IT CONTAINS A MATERIAL FALSE STATEMENT
SHALL SUBJECT THE PERSON SIGNING IT TO THE SAME PENALTIES AS IF HE OR
SHE HAD BEEN DULY SWORN.
7. FOR PURPOSES OF THIS SECTION, THE USE OF TITLES, INITIALS OR
CUSTOMARY ABBREVIATIONS OF GIVEN NAMES BY THE SIGNERS OR WITNESSES OF AN
EARLY MAIL BALLOT APPLICATION OR EARLY MAIL BALLOT ENVELOPE, OR THE USE
OF CUSTOMARY ABBREVIATIONS OF ADDRESSES OF SUCH SIGNERS OR WITNESSES,
SHALL NOT INVALIDATE SUCH VOTER'S SIGNATURE OR WITNESS'S SIGNATURE ON AN
APPLICATION FOR EARLY MAIL BALLOT OR UPON CANVASS OR RECANVASS OF THE
BALLOT PURSUANT TO THIS CHAPTER.
8. (A) IF A PERSON ENTITLED TO AN EARLY MAIL BALLOT IS UNABLE TO SIGN
THEIR APPLICATION BECAUSE OF ILLNESS, PHYSICAL DISABILITY OR INABILITY
TO READ, THEY SHALL BE EXCUSED FROM SIGNING UPON MAKING A STATEMENT, IN
SUBSTANTIALLY THE FOLLOWING FORM, WHICH SHALL BE WITNESSED BY ONE
PERSON:
"I HEREBY STATE THAT I AM UNABLE TO SIGN MY APPLICATION FOR AN EARLY
MAIL BALLOT WITHOUT ASSISTANCE BECAUSE I AM UNABLE TO WRITE BY REASON OF
ILLNESS OR PHYSICAL DISABILITY OR BECAUSE I AM UNABLE TO READ. I HAVE
MADE, OR HAVE RECEIVED ASSISTANCE IN MAKING, MY MARK IN LIEU OF MY
SIGNATURE."
.................
(DATE)
.................
(MARK)
.................
(NAME OF VOTER)
S. 7394 4
"I, THE UNDERSIGNED, HEREBY CERTIFY THAT THE ABOVE NAMED VOTER AFFIXED
THEIR MARK TO THIS APPLICATION IN MY PRESENCE AND I KNOW THEM TO BE THE
PERSON WHO AFFIXED THEIR MARK TO SAID APPLICATION AND UNDERSTAND THAT
THIS STATEMENT WILL BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN
AFFIDAVIT AND IF IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT
ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
......................
(SIGNATURE OF WITNESS)
......................
(ADDRESS OF WITNESS)
(B) SUCH STATEMENT SHALL BE INCLUDED IN THE APPLICATION FORM FURNISHED
BY THE BOARD OF ELECTIONS.
9. PRINTED FORMS OF APPLICATIONS FOR EARLY MAIL BALLOTS IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS SECTION SHALL BE PROVIDED BY THE BOARD OF
ELECTIONS. AN APPROPRIATE NUMBER SHALL BE RETAINED BY THE BOARD OF
ELECTIONS FOR THE PURPOSE OF FURNISHING AN APPLICATION FORM TO EACH
REGISTERED VOTER WHO APPLIES THEREFOR BEFORE THE BOARD OF ELECTIONS,
EITHER IN PERSON OR BY MAIL, AND AN APPROPRIATE NUMBER SHALL BE DELIV-
ERED TO EACH BOARD OF INSPECTORS ON REGISTRATION DAYS WITH THE ELECTION
SUPPLIES, AND THE BOARD OF INSPECTORS SHALL RETAIN THE COMPLETED AND
UNUSED APPLICATIONS AND RETURN THEM TO THE BOARD OF ELECTIONS WITH THEIR
ELECTION SUPPLIES AND AN APPROPRIATE NUMBER SHALL BE AVAILABLE FOR
DISTRIBUTION TO OFFICERS OF POLITICAL PARTIES, COUNTY CLERKS, CITY, TOWN
AND VILLAGE CLERKS, COLLEGES, LIBRARIES, AND ANY OTHER CONVENIENT
DISTRIBUTION SOURCE WHICH IS APPROVED BY THE LOCAL OR STATE BOARD OF
ELECTIONS AND WHICH REQUESTS SUCH FORMS.
10. THE STATE BOARD OF ELECTIONS SHALL PRESCRIBE A STANDARD APPLICA-
TION FORM FOR USE UNDER THIS SECTION. THE USE OF ANY APPLICATION FORM
WHICH SUBSTANTIALLY COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL
BE ACCEPTABLE AND ANY APPLICATION FILED ON SUCH A FORM SHALL BE ACCEPTED
FOR FILING.
§ 8-702. EARLY VOTING BY MAIL; REVIEW OF APPLICATION BY BOARD OF
ELECTIONS. 1. UPON RECEIPT OF AN APPLICATION TO VOTE EARLY BY MAIL THE
BOARD OF ELECTIONS SHALL DETERMINE WHETHER THE APPLICANT IS A REGISTERED
VOTER OF THE COUNTY OR CITY AT THE ADDRESS LISTED IN THE APPLICATION AND
IS ELIGIBLE TO VOTE IN THE ELECTION OR ELECTIONS FOR WHICH THE APPLICA-
TION IS FILED. AN APPLICATION TO VOTE EARLY BY MAIL FILED OR RECEIVED
SIMULTANEOUSLY WITH OR ON THE SAME DAY AS A VALID REGISTRATION APPLICA-
TION FROM THE APPLICANT SHALL BE CONSIDERED VALID.
2. IF THE BOARD OF ELECTIONS DETERMINES THAT THE APPLICANT IS NOT A
REGISTERED VOTER OF THE COUNTY OR CITY AT THE ADDRESS LISTED IN THE
APPLICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR THE APPLICANT
IS NOT ELIGIBLE TO VOTE IN ALL OF THE ELECTIONS FOR WHICH THE APPLICA-
TION IS FILED, THE BOARD OF ELECTIONS SHALL IMMEDIATELY NOTIFY THE
APPLICANT OF THE REJECTION OF THE APPLICATION TO VOTE EARLY BY MAIL AND
PROVIDE THE REASON FOR SUCH REJECTION.
3. IN THE CASE OF A PRIMARY ELECTION, THE BOARD OF ELECTIONS SHALL
DELIVER ONLY THE BALLOT OF THE PARTY IN WHICH THE RECORDS OF THE BOARD
OF ELECTIONS SHOW THE APPLICANT TO BE ENROLLED. IN THE EVENT A PRIMARY
ELECTION IS UNCONTESTED IN THE APPLICANT'S ELECTION DISTRICT FOR ALL
OFFICES OR POSITIONS EXCEPT THE PARTY POSITION OF MEMBER OF THE WARD,
TOWN, CITY OR COUNTY COMMITTEE, NO BALLOT SHALL BE DELIVERED TO SUCH
S. 7394 5
APPLICANT FOR SUCH ELECTION; AND THE APPLICANT SHALL BE ADVISED WHY THEY
ARE NOT BEING SENT A BALLOT.
4. THE BOARD SHALL KEEP A RECORD OF APPLICATIONS TO VOTE EARLY BY MAIL
AS THEY ARE RECEIVED, SHOWING THE NAMES AND RESIDENCES OF THE APPLI-
CANTS, AND THEIR PARTY ENROLLMENT IN THE CASE OF PRIMARY ELECTIONS, AND,
AS SOON AS PRACTICABLE SHALL, WHEN REQUESTED, GIVE TO THE CHAIRMAN OF
EACH POLITICAL PARTY OR INDEPENDENT BODY IN THE COUNTY, AND SHALL MAKE
AVAILABLE FOR INSPECTION TO ANY OTHER REGISTERED VOTER UPON REQUEST, A
COMPLETE LIST OF ALL APPLICANTS TO WHOM EARLY MAIL BALLOTS HAVE BEEN
DELIVERED OR MAILED, CONTAINING THEIR NAMES AND PLACES OF RESIDENCE AS
THEY APPEAR ON THE REGISTRATION RECORD, INCLUDING THE ELECTION DISTRICT
AND WARD, IF ANY, AND IN THE CITY OF NEW YORK AND THE COUNTY OF NASSAU,
THE ASSEMBLY DISTRICT, AND THEIR PARTY ENROLLMENT IN THE CASE OF PRIMARY
ELECTIONS.
§ 8-704. EARLY MAIL BALLOTS; DELIVERY OF. 1. IF THE BOARD FINDS THAT
THE APPLICANT IS A REGISTERED VOTER OF THE COUNTY OR CITY AT THE ADDRESS
LISTED IN THE APPLICATION, THE APPLICANT IS ELIGIBLE TO VOTE IN THE
ELECTION AT ISSUE, AND THE APPLICATION IS OTHERWISE SUFFICIENT, IT
SHALL, AS SOON AS PRACTICABLE, MAIL TO THE APPLICANT AT AN ADDRESS
DESIGNATED BY THEM, OR DELIVER TO THEM, OR TO ANY PERSON DESIGNATED FOR
SUCH PURPOSE IN WRITING BY THEM, AT THE OFFICE OF THE BOARD, AN EARLY
MAIL BALLOT OR SET OF BALLOTS AND AN ENVELOPE THEREFOR. IF THE BALLOT OR
BALLOTS ARE TO BE SENT OUTSIDE OF THE UNITED STATES TO A COUNTRY OTHER
THAN CANADA OR MEXICO, SUCH BALLOT OR BALLOTS SHALL BE SENT BY AIR MAIL.
2. WHEN MAILING AN EARLY MAIL BALLOT TO A VOTER THE BOARD OF ELECTIONS
SHALL PROVIDE A DOMESTIC POSTAGE PAID RETURN ENVELOPE. WHEN PROVIDING AN
EARLY MAIL BALLOT TO A VOTER IN-PERSON, THE BOARD OF ELECTIONS SHALL
OFFER THE VOTER A DOMESTIC POSTAGE PAID RETURN ENVELOPE AND PROVIDE ONE
IF REQUESTED.
§ 8-706. ELECTRONIC EARLY MAIL BALLOT APPLICATION TRANSMITTAL SYSTEM.
1. IN ADDITION TO ANY OTHER MEANS OF APPLYING FOR AN EARLY MAIL BALLOT,
THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN ELECTRONIC
EARLY MAIL BALLOT APPLICATION TRANSMITTAL SYSTEM THROUGH WHICH VOTERS
MAY APPLY FOR AN EARLY MAIL BALLOT ONLINE. THE STATE BOARD OF ELECTIONS
SHALL ELECTRONICALLY TRANSMIT SUCH APPLICATIONS TO THE APPLICABLE BOARD
OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK FOR PROCESSING
CONSISTENT WITH THIS CHAPTER. IN ACCORDANCE WITH TECHNICAL SPECIFICA-
TIONS PROVIDED BY THE STATE BOARD OF ELECTIONS, EACH BOARD OF ELECTIONS
SHALL MAINTAIN AN EARLY MAIL BALLOT APPLICATION SYSTEM CAPABLE OF
RECEIVING AND PROCESSING ELECTRONIC EARLY MAIL BALLOT APPLICATIONS,
INCLUDING, BUT NOT LIMITED TO, ELECTRONIC SIGNATURES, FROM THE ELECTRON-
IC EARLY MAIL BALLOT APPLICATION TRANSMITTAL SYSTEM ESTABLISHED BY THE
STATE BOARD OF ELECTIONS PURSUANT TO THIS SECTION. SUCH TRANSMITTAL
SYSTEM SHALL BE FULLY INTEGRATED WITH EACH COUNTY BOARD OF ELECTIONS AND
THE CITY OF NEW YORK BOARD OF ELECTIONS SO THAT A VOTER MAY APPLY ONLINE
DIRECTLY EITHER THROUGH THE WEBSITE OF THEIR BOARD OF ELECTIONS OR THE
STATE BOARD OF ELECTIONS. NOTWITHSTANDING ANY OTHER INCONSISTENT
PROVISION OF THIS CHAPTER, APPLICATIONS FILED USING SUCH SYSTEM SHALL BE
CONSIDERED FILED WITH THE APPLICABLE BOARD OF ELECTIONS ON THE CALENDAR
DATE THE APPLICATION IS INITIALLY TRANSMITTED BY THE VOTER THROUGH THE
ELECTRONIC EARLY MAIL BALLOT APPLICATION TRANSMITTAL SYSTEM.
2. (A) A VOTER SHALL BE ABLE TO APPLY FOR AN EARLY MAIL BALLOT USING A
PERSONAL ONLINE APPLICATION SUBMITTED THROUGH THE ELECTRONIC EARLY MAIL
BALLOT APPLICATION TRANSMITTAL SYSTEM WHEN THE VOTER:
S. 7394 6
(I) COMPLETES AN ELECTRONIC EARLY MAIL BALLOT APPLICATION PROMULGATED
BY THE STATE BOARD OF ELECTIONS WHICH SHALL INCLUDE ALL OF THE INFORMA-
TION REQUIRED BY SECTION 8-700 OF THIS TITLE; AND
(II) AFFIRMS, SUBJECT TO PENALTY OF PERJURY, BY MEANS OF ELECTRONIC OR
MANUAL SIGNATURE, THAT THE INFORMATION CONTAINED IN THE EARLY MAIL
BALLOT APPLICATION IS TRUE; AND
(III) CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE INDIVIDUAL'S
MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT OF MOTOR VEHI-
CLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIGNATED BY
SECTION 5-211 OR 5-212 OF THIS CHAPTER, AS THE INDIVIDUAL'S EARLY MAIL
BALLOT EXEMPLAR SIGNATURE, OR PROVIDES SUCH A SIGNATURE BY DIRECT UPLOAD
IN A MANNER THAT COMPLIES WITH THE NEW YORK STATE ELECTRONIC SIGNATURE
AND RECORDS ACT AND THE RULES AND REGULATIONS PROMULGATED BY THE STATE
BOARD OF ELECTIONS.
(B) THE BOARD OF ELECTIONS SHALL PROVIDE THE PERSONAL ONLINE EARLY
MAIL BALLOT APPLICATION IN ANY LANGUAGE REQUIRED BY THE FEDERAL VOTING
RIGHTS ACT OF 1965 (52 U.S.C. SEC. 10503) IN ANY COUNTY IN THE STATE.
(C) THE ONLINE EARLY MAIL BALLOT APPLICATION PROCESS SHALL PROVIDE
REASONABLE ACCOMMODATIONS TO IMPROVE ACCESSIBILITY FOR PERSONS WITH
DISABILITIES AND SHALL BE COMPATIBLE FOR USE WITH STANDARD ONLINE ACCES-
SIBILITY ASSISTANCE TOOLS FOR PERSONS WITH VISUAL, PHYSICAL OR PERCEP-
TIVE DISABILITIES.
(D) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGU-
LATIONS FOR THE CREATION AND ADMINISTRATION OF AN EARLY MAIL BALLOT
APPLICATION SYSTEM PURSUANT TO THIS SECTION.
3. (A) IF AN EARLY MAIL BALLOT EXEMPLAR SIGNATURE IS NOT PROVIDED BY
AN APPLICANT WHO SUBMITS AN EARLY MAIL BALLOT APPLICATION PURSUANT TO
THIS SECTION, THE LOCAL BOARD SHALL SEEK TO OBTAIN SUCH EXEMPLAR SIGNA-
TURE FROM THE STATEWIDE VOTER REGISTRATION DATABASE, THE STATE BOARD OF
ELECTIONS, OR A STATE OR LOCAL AGENCY DESIGNATED BY SECTION 5-211 OR
5-212 OF THIS CHAPTER.
(B) IF SUCH EXEMPLAR SIGNATURE IS NOT AVAILABLE FROM THE STATEWIDE
VOTER REGISTRATION DATABASE, THE STATE BOARD OF ELECTIONS, OR A STATE OR
LOCAL AGENCY DESIGNATED BY SECTION 5-211 OR 5-212 OF THIS CHAPTER, THE
LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT THE
APPLICATION, REQUIRE THE VOTER TO PROVIDE AN EXEMPLAR SIGNATURE BY ANY
ONE OF THE FOLLOWING METHODS: IN PERSON, BY ELECTRONIC MAIL, OR BY ELEC-
TRONIC UPLOAD TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC EARLY
MAIL BALLOT APPLICATION TRANSMITTAL SYSTEM.
(C) IF SUCH VOTER DOES NOT PROVIDE THE REQUIRED EXEMPLAR SIGNATURE,
THE BOARD OF ELECTIONS SHALL PROCEED TO ISSUE AN EARLY MAIL BALLOT TO
THE VOTER ALONG WITH AN EARLY MAIL BALLOT APPLICATION FORM REQUIRING
SUCH VOTER TO SUBMIT A SIGNATURE UPON SUCH APPLICATION FORM AND RETURN
IT TO THE BOARD OF ELECTIONS WITH THE VOTER'S BALLOT.
4. THE ELECTRONIC EARLY MAIL BALLOT APPLICATION TRANSMITTAL SYSTEM
SHALL BE COMBINED ON A SINGLE WEBSITE WITH THE ELECTRONIC ABSENTEE
BALLOT APPLICATION TRANSMITTAL SYSTEM CREATED PURSUANT TO SECTION 8-408
OF THIS ARTICLE. A PERSON USING THE WEBSITE MUST FIRST BE PROVIDED WITH
AN EARLY MAIL BALLOT APPLICATION BEFORE BEING OFFERED THE OPPORTUNITY TO
APPLY FOR AN ABSENTEE BALLOT. IF A PERSON SUBMITS AN EARLY MAIL BALLOT
APPLICATION, THE PERSON SHALL NOT BE OFFERED THE OPPORTUNITY TO APPLY
FOR AN ABSENTEE BALLOT.
§ 8-708. EARLY VOTING BY MAIL; METHOD OF. THE EARLY MAIL VOTER SHALL
MARK AN EARLY MAIL BALLOT AS PROVIDED FOR PAPER BALLOTS OR BALLOTS
PREPARED FOR COUNTING BY BALLOT COUNTING MACHINES. THEY SHALL MAKE NO
MARK OR WRITING WHATSOEVER UPON THE BALLOT, EXCEPT AS ABOVE PRESCRIBED,
S. 7394 7
AND SHALL SEE THAT IT BEARS NO SUCH MARK OR WRITING. THEY SHALL MAKE NO
MARK OR WRITING WHATSOEVER ON THE OUTSIDE OF THE BALLOT. IN CASES WHERE
THE EXPRESS INTENT OF THE VOTER IS UNAMBIGUOUS, ANY STRAY MARKS OR WRIT-
ING SHALL NOT BE A BASIS FOR VOIDING A BALLOT. AFTER MARKING THE BALLOT
OR BALLOTS THEY SHALL FOLD EACH SUCH BALLOT AND ENCLOSE THEM IN THE
ENVELOPE AND SEAL THE ENVELOPE. THEY SHALL THEN TAKE AND SUBSCRIBE THE
OATH ON THE ENVELOPE, WITH BLANKS PROPERLY FILLED IN. THE ENVELOPE,
CONTAINING THE BALLOT OR BALLOTS, SHALL THEN BE MAILED OR DELIVERED TO
THE BOARD OF ELECTIONS OF THE COUNTY OR CITY OF THEIR RESIDENCE.
§ 8-710. EARLY MAIL BALLOTS; DEADLINE FOR RECEIPT, AND DELIVERY TO
POLLING PLACE. 1. THE BOARD OF ELECTIONS SHALL CAUSE ALL EARLY MAIL
BALLOTS RECEIVED BY IT BEFORE THE CLOSE OF THE POLLS ON ELECTION DAY AND
ALL BALLOTS CONTAINED IN ENVELOPES SHOWING A CANCELLATION MARK OF THE
UNITED STATES POSTAL SERVICE OR A FOREIGN COUNTRY'S POSTAL SERVICE, OR
SHOWING A DATED ENDORSEMENT OF RECEIPT BY ANOTHER AGENCY OF THE UNITED
STATES GOVERNMENT, WITH A DATE WHICH IS ASCERTAINED TO BE NOT LATER THAN
THE DAY OF THE ELECTION AND RECEIVED BY SUCH BOARD OF ELECTIONS NOT
LATER THAN SEVEN DAYS FOLLOWING THE DAY OF ELECTION TO BE CAST AND
COUNTED. FOR PURPOSES OF THIS SECTION, ANY EARLY MAIL BALLOT RECEIVED
BY THE BOARD OF ELECTIONS BY MAIL THAT DOES NOT BEAR OR DISPLAY A DATED
POSTMARK SHALL BE PRESUMED TO HAVE BEEN TIMELY MAILED OR DELIVERED IF
SUCH BALLOT BEARS A TIME STAMP OF THE RECEIVING BOARD OF ELECTIONS INDI-
CATING RECEIPT BY SUCH BOARD ON THE DAY AFTER THE ELECTION.
2. EARLY MAIL BALLOTS RECEIVED BY THE BOARD OF ELECTIONS SHALL BE
RETAINED AT THE BOARD OF ELECTIONS AND CAST AND CANVASSED PURSUANT TO
THE PROVISIONS OF SECTION 9-209 OF THIS CHAPTER.
§ 8-712. ONLINE EARLY MAIL BALLOT TRACKING SYSTEM. 1. THE STATE BOARD
OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN ELECTRONIC EARLY MAIL
BALLOT TRACKING SYSTEM. IN ACCORDANCE WITH TECHNICAL SPECIFICATIONS
PROVIDED BY THE STATE BOARD OF ELECTIONS, EACH LOCAL BOARD OF ELECTIONS
SHALL MAINTAIN AN EARLY MAIL BALLOT TRACKING SYSTEM INTEGRATED WITH THE
STATE BOARD'S SYSTEM, AND WHICH MAY BE INTEGRATED WITH THE UNITED STATES
POSTAL SERVICE TRACKING SYSTEM, TO ALLOW A VOTER WHO HAS SUBMITTED AN
APPLICATION FOR AN EARLY MAIL BALLOT TO TRACK THE STATUS OF AN EARLY
MAIL BALLOT APPLICATION AND AN EARLY MAIL BALLOT ON THE STATE BOARD OR
LOCAL BOARD WEBSITE.
2. SUCH WEBSITE SHALL NOT REQUIRE USERS TO CREATE AN ACCOUNT BUT SHALL
REQUIRE VERIFICATION THAT THE USER IS ACCESSING THEIR OWN RECORD THROUGH
THE INCLUSION OF DATA IDENTIFYING THE VOTER AND THE BOARD OF ELECTIONS
AT WHICH THE VOTER IS REGISTERED, AND ANY OTHER INFORMATION REQUIRED BY
THE STATE BOARD OF ELECTIONS.
3. THE BALLOT TRACKING SYSTEM SHALL INDICATE TO THE VOTER IF THE
BOARD:
(A) RECEIVED SUCH VOTER'S APPLICATION FOR AN EARLY MAIL BALLOT;
(B) APPROVED OR REJECTED SUCH APPLICATION AND, IF REJECTED, AN INDI-
CATION OF THE REASON FOR SUCH REJECTION;
(C) MAILED OR DELIVERED AN EARLY MAIL BALLOT TO SUCH VOTER, THE DATE
OF SUCH MAILING OR DELIVERY, AND THE EXPECTED DATE OF RECEIPT;
(D) RECEIVED THE BALLOT BACK AS UNDELIVERABLE;
(E) RECEIVED SUCH VOTER'S COMPLETED EARLY MAIL BALLOT;
(F) DETERMINED THE BALLOT ENVELOPE WAS SUBJECT TO A CURE; AND
(G) COUNTED OR REJECTED SUCH VOTER'S COMPLETED EARLY MAIL BALLOT AND,
IF REJECTED, A BRIEF STATEMENT OF THE REASON FOR REJECTION.
4. THE ELECTRONIC EARLY MAIL BALLOT TRACKING SYSTEM SHALL BE COMBINED
ON A SINGLE WEBSITE WITH THE ELECTRONIC ABSENTEE BALLOT TRACKING SYSTEM
CREATED PURSUANT TO SECTION 8-414 OF THIS ARTICLE.
S. 7394 8
§ 3. Paragraphs (c) and (d) of subdivision 2 of section 8-400 of the
election law, as separately amended by chapters 273 and 746 of the laws
of 2021, are amended to read as follows:
(c) All applications requesting an absentee ballot by mail or through
the electronic absentee ballot application transmittal system must be
received by the board of elections not later than the [fifteenth] TENTH
day before the election for which a ballot is first requested. Applica-
tions for an absentee ballot that will be delivered in person at the
board of elections to the voter or to an agent of the voter must be
received by such board not later than the day before such election.
(d) The board of elections shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests such
an absentee ballot from such board of elections in writing in a letter,
telefax indicating the address, phone number and the telefax number from
which the writing is sent or other written instrument, or an electronic
application submitted by the voter through the electronic absentee
ballot application transmittal system established by the state board of
elections, which is signed by the voter and received by the board of
elections not later than the [fifteenth] TENTH day before the election
for which the ballot is first requested and which states the address
where the voter is registered and the address to which the ballot is to
be mailed; provided, however, a military voter may request a military
ballot or voter registration application or an absentee ballot applica-
tion in a letter as provided in subdivision three of section 10-106 of
this chapter; and provided further, a special federal voter may request
a special federal ballot or voter registration application or an absen-
tee ballot application in a letter as provided in paragraph d of subdi-
vision one of section 11-202 of this chapter. The board of elections
shall enclose with such ballot a form of application for absentee ballot
if the applicant is registered with such board of elections.
§ 4. Subdivision 3 of section 8-400 of the election law is amended by
adding a new paragraph (c-1) to read as follows:
(C-1) PROVIDED THAT, IF THE APPLICANT DOES NOT PROVIDE A REASON THAT
THE APPLICANT IS ENTITLED TO AN ABSENTEE BALLOT AS REQUIRED BY PARAGRAPH
(C) OF THIS SUBDIVISION, THE APPLICATION SHALL BE PROCESSED AS AN APPLI-
CATION FOR AN EARLY MAIL BALLOT PURSUANT TO SECTION 8-702 OF THIS ARTI-
CLE.
§ 5. Subdivision 10 of section 8-400 of the election law, as amended
by chapter 373 of the laws of 1986 and as renumbered by chapter 40 of
the laws of 2009, is amended to read as follows:
10. The state board of elections shall prescribe a standard applica-
tion form for use under this section. THE STANDARD APPLICATION FORM
SHALL INDICATE THAT IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE
APPLICANT IS ENTITLED TO AN ABSENTEE BALLOT, THE APPLICATION WILL BE
PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO PARA-
GRAPH (C-1) OF SUBDIVISION THREE OF THIS SECTION, AND THE APPLICANT WILL
BE SENT AN EARLY MAIL BALLOT IF OTHERWISE ELIGIBLE. The use of any
application form which substantially complies with the provisions of
this section shall be acceptable and any application filed on such a
form shall be accepted for filing.
§ 6. Subdivisions 1 and 5 of section 8-402 of the election law, subdi-
vision 1 as amended by chapter 666 of the laws of 1980, are amended to
read as follows:
1. Upon receipt of an application for an absentee ballot the board of
elections shall forthwith determine upon such inquiry as it deems proper
whether the applicant is qualified to vote and to receive an absentee
S. 7394 9
ballot, and if it finds the applicant is not so qualified it shall
reject the application after investigation as hereinafter provided.
PROVIDED THAT, AN APPLICATION FOR AN ABSENTEE BALLOT THAT DOES NOT
PROVIDE A REASON THAT THE APPLICANT IS ENTITLED TO SUCH A BALLOT SHALL
BE PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO
PARAGRAPH (C-1) OF SUBDIVISION 3 OF SECTION 8-400 OF THIS TITLE AND
SECTION 8-702 OF THIS ARTICLE.
5. If the board shall determine that the applicant is not entitled to
an absentee ballot it shall immediately notify the applicant, giving
[him] THE PERSON the reason for such rejection. PROVIDED THAT NO NOTIFI-
CATION OF REJECTION IS NECESSARY IF THE APPLICATION IS PROCESSED AS AN
APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
§ 7. The election law is amended by adding a new section 7-119 to read
as follows:
§ 7-119. BALLOTS; EARLY MAIL VOTERS. 1. (A) BALLOTS FOR EARLY MAIL
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 "EARLY MAIL BALLOT", ENDORSED
THEREON.
(B) ALL PROVISIONS OF THIS CHAPTER NOT INCONSISTENT WITH THIS SUBDIVI-
SION SHALL BE APPLICABLE TO EARLY MAIL BALLOTS PREPARED FOR COUNTING BY
A BALLOT SCANNER OR BY HAND. THE INSTRUCTIONS FOR MARKING AN EARLY MAIL
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 EARLY MAIL 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 CONTAINED IN THIS
SECTION SHALL PREVENT A BOARD OF ELECTIONS, OR A COURT OF COMPETENT
JURISDICTION FROM DETERMINING AT A LATER DATE THAT ANY SUCH CERTIF-
ICATION, 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.
S. 7394 10
3. THERE SHALL BE THREE ENVELOPES FOR EACH EARLY MAIL BALLOT ISSUED BY
MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES THEIR
VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE EARLY
MAIL VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUNTY
BOARD OF ELECTIONS. THE BOARD OF ELECTIONS SHALL FURNISH WITH EACH EARLY
MAIL BALLOT AN INNER AFFIRMATION ENVELOPE. ON ONE SIDE OF THE ENVELOPE
SHALL BE PRINTED:
OFFICIAL EARLY MAIL 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 AND A BOX LABELED "BOE USE ONLY" FOR NOTATIONS
REQUIRED WHEN THE BOARD OF ELECTIONS REVIEWS AFFIRMATION BALLOT ENVEL-
OPES PURSUANT TO SECTION 9-209 OF THIS CHAPTER.
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 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 EARLY MAIL VOTER, I SHALL
BE GUILTY OF A MISDEMEANOR.
DATE ............... 20 ................
..........................
SIGNATURE OR MARK OF VOTER
S. 7394 11
..........................
SIGNATURE OF WITNESS
(REQUIRED ONLY IF VOTER
DOES NOT SIGN THEIR 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 BEAR-
ING ON IT A SPECIFIC DIRECTION THAT IF AN ORIGINAL APPLICATION FOR AN
EARLY MAIL 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 EARLY MAIL BALLOT
WITHIN THE TIME LIMITS FOR RECEIPT OF THE EARLY MAIL BALLOT ITSELF. SUCH
INNER AFFIRMATION ENVELOPE AND OUTER ENVELOPE SHALL BE ENCLOSED IN THE
THIRD ENVELOPE ADDRESSED TO THE EARLY MAIL VOTER. THE OUTER AND THIRD
ENVELOPES SHALL HAVE PRINTED ON THE FACE THEREOF THE WORDS "ELECTION
MATERIAL--PLEASE EXPEDITE".
§ 8. The election law is amended by adding a new section 15-119 to
read as follows:
§ 15-119. EARLY MAIL VOTING AT VILLAGE ELECTIONS. 1. A REGISTERED
VOTER OF A VILLAGE MAY VOTE BY EARLY MAIL BALLOT UNDER THIS SECTION FOR
A GENERAL OR SPECIAL VILLAGE ELECTION IN WHICH THE VOTER IS ELIGIBLE TO
VOTE.
2. A REGISTERED VOTER DESIROUS OF OBTAINING AN EARLY MAIL BALLOT SHALL
MAKE WRITTEN APPLICATION THEREFOR TO THE VILLAGE CLERK. 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.
3. AN APPLICATION FOR AN EARLY MAIL BALLOT MUST BE SIGNED BY THE
APPLICANT. IF A PERSON ENTITLED TO AN EARLY MAIL BALLOT IS UNABLE TO
SIGN THEIR APPLICATION BECAUSE OF ILLNESS, PHYSICAL DISABILITY OR
INABILITY TO READ, THEY SHALL BE EXCUSED FROM SIGNING UPON MAKING A
STATEMENT, IN SUBSTANTIALLY THE FOLLOWING FORM, WHICH SHALL BE WITNESSED
BY ONE PERSON: "I HEREBY STATE THAT I AM UNABLE TO SIGN MY APPLICATION
FOR AN EARLY MAIL BALLOT WITHOUT ASSISTANCE BECAUSE I AM UNABLE TO WRITE
BY REASON OF ILLNESS OR PHYSICAL DISABILITY OR BECAUSE I AM UNABLE TO
READ. I HAVE MADE, OR HAVE RECEIVED ASSISTANCE IN MAKING, MY MARK IN
LIEU OF MY SIGNATURE."
......................
(DATE)
......................
(MARK)
......................
(NAME OF VOTER)
"I, THE UNDERSIGNED, HEREBY CERTIFY THAT THE ABOVE NAMED VOTER AFFIXED
THEIR MARK TO THIS APPLICATION IN MY PRESENCE AND I KNOW THEM TO BE THE
PERSON WHO AFFIXED THEIR MARK TO SAID APPLICATION AND UNDERSTAND THAT
S. 7394 12
THIS STATEMENT WILL BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN
AFFIDAVIT AND IF IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT
ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
.......................
(SIGNATURE OF WITNESS)
.......................
(ADDRESS OF WITNESS)
SUCH STATEMENT SHALL BE INCLUDED IN THE APPLICATION BLANK FORM FURNISHED
BY THE VILLAGE CLERK.
4. THE APPLICATION FOR AN EARLY MAIL BALLOT WHEN FILED MUST CONTAIN IN
EACH INSTANCE THE FOLLOWING INFORMATION:
(A) 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 THEIR
VILLAGE AND AN ADDRESS TO WHICH THE BALLOT SHALL BE MAILED.
(B) A STATEMENT THAT THE APPLICANT IS A REGISTERED VOTER.
(C) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN EARLY
MAIL BALLOT FOR A SINGLE ELECTION OR FOR ALL REMAINING ELECTIONS IN THE
CALENDAR YEAR FOR WHICH THE VOTER IS ELIGIBLE TO VOTE.
5. THE APPLICATION FOR AN EARLY MAIL BALLOT SHALL ALSO PROVIDE THE
APPLICANT THE OPPORTUNITY TO PROVIDE THEIR TELEPHONE NUMBER AND E-MAIL
ADDRESS.
6. PRINTED FORMS CONTAINING THE APPLICATION FOR THE EARLY MAIL BALLOT,
IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION, SHALL BE IN THE
FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS AND SHALL BE PROVIDED BY
THE VILLAGE CLERK AND SHALL BE AVAILABLE AT THE OFFICE OF THE CLERK.
APPLICATION FORMS FOR EARLY MAIL BALLOTS FOR USE PURSUANT TO THIS
SECTION SHALL BE FURNISHED BY THE VILLAGE CLERK UPON REQUEST OF THE
PERSON AUTHORIZED TO VOTE UNDER THIS SECTION OR BY ANY SUCH PERSON'S
SPOUSE, PARENT, CHILD, AUTHORIZED AGENT OR ANY NURSE CHARGED WITH THE
CARE OF SUCH PERSON.
7. AN APPLICATION MUST BE RECEIVED BY THE VILLAGE CLERK NO EARLIER
THAN FOUR MONTHS BEFORE THE ELECTION FOR WHICH AN EARLY MAIL BALLOT IS
SOUGHT, EXCEPT AS PROVIDED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS
SECTION. IF THE APPLICATION REQUESTS THAT THE EARLY MAIL BALLOT BE
MAILED, SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN SEVEN DAYS
BEFORE THE ELECTION. IF THE APPLICANT OR THEIR AGENT DELIVERS THE APPLI-
CATION TO THE VILLAGE CLERK IN PERSON, SUCH APPLICATION MUST BE RECEIVED
NOT LATER THAN THE DAY BEFORE THE ELECTION. THE VILLAGE CLERK SHALL
EXAMINE EACH APPLICATION. IF THE APPLICATION IS COMPLETE, THE APPLICANT
IS A REGISTERED VOTER OF THE VILLAGE AT THE ADDRESS LISTED IN THE APPLI-
CATION, AND THE APPLICANT IS ELIGIBLE TO VOTE IN THE ELECTION, THE
APPLICATION SHALL BE DEEMED ACCEPTED.
8. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
HAS BEEN RECEIVED AND ACCEPTED BY THE VILLAGE CLERK, THE VILLAGE CLERK
SHALL MAIL, BY REGULAR MAIL, AN EARLY MAIL BALLOT TO EACH APPLICANT WHO
HAS APPLIED BEFORE SUCH DAY AND WHO HAS REQUESTED THAT SUCH EARLY MAIL
BALLOT BE MAILED TO THEM AT THE ADDRESS SET FORTH IN THEIR APPLICATION.
IF THE APPLICANT OR THEIR AGENT DELIVERS THE APPLICATION TO THE VILLAGE
CLERK IN PERSON AFTER THE SEVENTH DAY BEFORE THE VILLAGE ELECTION AND
NOT LATER THAN THE DAY BEFORE THE ELECTION, THE VILLAGE CLERK SHALL
FORTHWITH DELIVER SUCH EARLY MAIL BALLOTS FOR THOSE APPLICANTS WHOM THEY
DETERMINE ARE QUALIFIED TO MAKE SUCH APPLICATIONS AND TO RECEIVE SUCH
S. 7394 13
BALLOTS TO SUCH APPLICANTS OR THE AGENTS NAMED IN THE APPLICATIONS WHEN
SUCH APPLICANTS OR AGENTS APPEAR IN THE VILLAGE CLERK'S OFFICE.
9. THE EARLY MAIL BALLOT SHALL BE CAUSED TO BE PREPARED AND PRINTED BY
THE VILLAGE CLERK AS PROVIDED BY LAW FOR PAPER BALLOTS OR MACHINE
BALLOTS, WHICHEVER ARE TO BE USED IN SAID ELECTION AND APPROPRIATE
MODIFICATIONS FOR THE PURPOSES OF THIS SECTION. THE VILLAGE CLERK SHALL
ALSO CAUSE TO BE PREPARED AND PRINTED RETURN ENVELOPES ADDRESSED TO
THEMSELF, CONFORMING SO FAR AS MAY BE PRACTICABLE TO THE PROVISIONS OF
THIS CHAPTER STATING THEREON THAT IN ORDER FOR THE BALLOT CONTAINED
THEREIN TO BE COUNTED IT MUST BE RECEIVED BY THE VILLAGE CLERK NOT LATER
THAN THE CLOSE OF THE POLLS ON ELECTION DAY. ON THE REVERSE SIDE OF EACH
RETURN ENVELOPE THERE SHALL BE WRITTEN INSTRUCTIONS FOR THE VOTER TO
INSERT AT DESIGNATED PLACES THEIR SIGNATURE, THEIR NAME PRINTED, THEIR
RESIDENCE ADDRESS WITHIN THE VILLAGE AND THEIR VILLAGE ELECTION DISTRICT
IF THERE BE MORE THAN ONE DISTRICT WITHIN THE VILLAGE.
10. THE METHOD OF MARKING, PREPARING AND MAILING SUCH BALLOT FOR
VOTING SHALL CONFORM, WHEREVER PRACTICABLE, TO THE METHODS USED FOR
EARLY MAIL BALLOTS FOR A GENERAL ELECTION, EXCEPT THAT THE ENVELOPE IN
WHICH IT IS CONTAINED SHALL BE RETURNED TO THE VILLAGE CLERK. ON THE DAY
OF THE ELECTION, THE VILLAGE CLERK SHALL DELIVER ALL SUCH BALLOTS, WHICH
HAVE BEEN RETURNED TO THEM, IN THE SEALED ENVELOPES TO THE BOARD OF
INSPECTORS OF ELECTION OF THE PROPER ELECTION DISTRICT. NO SUCH BALLOT
SHALL BE DEEMED TO HAVE BEEN VOTED UNLESS OR UNTIL IT SHALL HAVE BEEN
DELIVERED TO THE BOARD OF INSPECTORS OF ELECTION OF THE ELECTION
DISTRICT IN WHICH THE ELECTOR CASTING THE BALLOT RESIDES AND SHALL HAVE
BEEN DEPOSITED BY THE CHAIRMAN OF SUCH BOARD IN THE BOX PROVIDED FOR
RECEIVING SUCH BALLOT.
11. WHEN SUCH BALLOTS SHALL HAVE BEEN DELIVERED TO THE BOARD OF
INSPECTORS OF ELECTION OF THE PROPER ELECTION DISTRICT AND SHALL HAVE
BEEN DULY DETERMINED BY SUCH BOARD TO HAVE BEEN LAWFULLY CAST BY A QUAL-
IFIED ELECTOR OF SUCH DISTRICT, THE CHAIRMAN OF SUCH BOARD SHALL, AFTER
THE CLOSE OF THE POLLS, OPEN THE ENVELOPES CONTAINING SUCH BALLOTS AND,
WITHOUT UNFOLDING SUCH BALLOTS OR PERMITTING THE FACE THEREOF TO BE
EXPOSED TO THE VIEW OF ANYONE, SHALL DEPOSIT EACH SUCH BALLOT IN A BOX
SPECIFICALLY FURNISHED FOR SUCH PURPOSE BY THE VILLAGE CLERK. IF THE
BOARD OF INSPECTORS SHALL DETERMINE THAT ANY SUCH BALLOT HAS BEEN CAST
BY AN ELECTOR WHO WOULD NOT BE QUALIFIED UNDER THE PROVISIONS OF THIS
SECTION, THEN SUCH BALLOT SHALL NOT BE COUNTED.
12. AFTER ALL THE BALLOTS SHALL HAVE BEEN DEPOSITED, THE BOX SHALL BE
OPENED AND SUCH BALLOTS CANVASSED IN THE SAME MANNER AS OTHER BALLOTS
CAST AT SUCH ELECTION AND SHALL BE COUNTED AND INCLUDED IN THE TOTAL OF
ALL BALLOTS CAST AT SUCH ELECTION.
§ 9. Subdivision 4 of section 15-120 of the election law is amended by
adding a new paragraph (c-1) to read as follows:
(C-1) PROVIDED THAT, IF THE APPLICANT DOES NOT PROVIDE A REASON THAT
THE APPLICANT IS ENTITLED TO AN ABSENTEE BALLOT AS REQUIRED BY PARAGRAPH
(C) OF THIS SUBDIVISION, THE APPLICATION SHALL BE PROCESSED AS AN APPLI-
CATION FOR AN EARLY MAIL BALLOT PURSUANT TO SECTION 15-119 OF THIS ARTI-
CLE.
§ 10. Subdivision 5 of section 15-120 of the election law, as amended
by chapter 289 of the laws of 2014, is amended to read as follows:
5. An application must be received by the village clerk no earlier
than four months 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
S. 7394 14
to the village clerk in person, such application must be received not
later than the day before the election. The village clerk 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. PROVIDED THAT, AN APPLICATION FOR AN ABSENTEE BALLOT
THAT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS ENTITLED TO SUCH A
BALLOT SHALL BE PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT
PURSUANT TO PARAGRAPH (C-1) OF SUBDIVISION THREE OF THIS SECTION AND
SECTION 15-119 OF THIS ARTICLE. The clerk in making such decision shall
not determine whether the applicant is a qualified elector, said deter-
mination being reserved to the inspectors of election as is hereinafter
provided in subdivision nine of this section.
§ 11. Subdivision 6 of section 15-122 of the election law, as amended
by chapter 84 of the laws of 1986, is amended to read as follows:
6. Printed forms containing the application for the absentee ballot,
in accordance with the requirements of this section, shall be in the
form prescribed by the state board of elections and shall be provided by
the village clerk and shall be available at the office of the clerk.
Application forms for absentee ballots for use pursuant to this section
shall be furnished by the village clerk upon request of the person
authorized to vote under this section or by any such person's spouse,
parent, child, authorized agent or any nurse charged with the care of
such person. THE PRINTED FORM SHALL INDICATE THAT IF THE APPLICANT DOES
NOT INDICATE THAT THEY WILL BE UNABLE TO APPEAR PERSONALLY AT THE POLL-
ING PLACE WITHIN THE VILLAGE BECAUSE OF THE REASONS SET FORTH IN SUBDI-
VISION ONE ON THE APPLICATION, THE APPLICATION WILL BE PROCESSED AS AN
APPLICATION FOR AN EARLY MAIL BALLOT, AND THE APPLICANT WILL BE SENT AN
EARLY MAIL BALLOT IF OTHERWISE ELIGIBLE.
§ 11-a. Paragraph b of subdivision 2 of section 15-124 of the election
law is amended to read as follows:
b. the investigation of any registrant or any applicant for an EARLY
MAIL OR absentee ballot to determine his OR HER qualifications to be
registered or vote, and
§ 12. Subdivision 4 of section 3-108 of the election law is amended to
read as follows:
4. Only those persons duly registered to vote upon the original date
of the general election who did not vote on such date shall be entitled
to vote on the additional day for voting. Voting on the additional day
provided for in this section shall be accomplished solely by physically
appearing at the polling place and nothing contained in this section
shall be construed to extend the time set by law for casting or canvass-
ing a military, EARLY MAIL, absentee or special presidential ballot;
provided, however, that nothing contained herein shall be deemed to
invalidate any EARLY MAIL, absentee, military or special presidential
ballot duly received on the original date of the general election.
§ 13. Subdivision 3 of section 3-222 of the election law, as amended
by chapter 282 of the laws of 2011, is amended to read as follows:
3. Except as hereinafter provided, packages of protested, void and
wholly blank ballots, open packages of unused ballots and all EARLY
MAIL, absentee and military, special federal, special presidential and
emergency ballots and ballot envelopes, if any, opened or unopened,
shall be preserved for two years after the election. Sealed packages of
unused ballots shall be retained for four months, and may then be
destroyed, provided a certificate articulating the election district
identifying data and numbers of such ballots is filed with the balance
of ballots described in this section, for the balance of the two year
S. 7394 15
retention period. Except as hereinafter provided, boxes containing voted
paper ballots, if any shall be preserved inviolate for four months after
the election, or until one month before the next election occurring
within five months after a preceding election if such boxes are needed
for use at such next election and if the officer or board in charge of
such voted paper ballots is required by law to furnish ballot boxes
therefor. Provided, however, that such ballot boxes and such packages
may be opened, and their contents and the EARLY MAIL, absentee and mili-
tary, special federal, special presidential and emergency ballots and
ballot envelopes may be examined, upon the order of any court or justice
of competent jurisdiction. Boxes and envelopes containing EARLY MAIL,
absentee, military and emergency ballots voted at a general or special
election, for the office of member of the senate or assembly, packages
of void, protested and wholly blank ballots, unopened EARLY MAIL, absen-
tee and military ballot envelopes and the packages of unused ballots, in
connection with such election, also may be opened, and their contents
and such envelopes also may be examined, by direction of a committee of
the senate or assembly to investigate and report on contested elections
of members of the legislature. Unless otherwise ordered or directed by
such a court, justice or committee, such boxes shall be opened and their
contents and such packages and the envelopes containing voted ballots
and ballot envelopes shall be destroyed, at the expiration of the period
during which they are required by the provisions of this section to be
preserved, except that instead of being destroyed, they may be sold and
the proceeds paid over in the manner provided with respect to the sale
of books, records and papers pertaining to an election.
§ 14. Section 3-506 of the election law, as added by chapter 244 of
the laws of 2009, is amended to read as follows:
§ 3-506. Boards of elections; voting materials in Russian. A board of
elections in a city of over one million shall provide the same informa-
tion in Russian that it provides in languages other than English on its
website. It shall also produce and disseminate citywide a booklet that
includes: (a) a voter registration form in English with instructions in
Russian; (b) instructions in Russian regarding the criteria and applica-
tion process for obtaining an EARLY MAIL OR absentee ballot; and (c) a
section with general voter information in Russian including frequently
asked questions. Such board may include other languages on its website
and in such booklet.
§ 15. Subdivision 1 of section 4-117 of the election law, as amended
by chapter 175 of the laws of 2022, is amended to read as follows:
1. The board of elections, between the third Tuesday in April and the
second Friday in May in each year, shall send by mail on which is
endorsed such language designated by the state board of elections to
ensure postal authorities do not forward such mail but return it to the
board of elections with forwarding information, when it cannot be deliv-
ered as addressed and which contains a request that any such mail
received for persons not residing at the address be dropped back in the
mail, a communication, in a form approved by the state board of
elections, to every registered voter who has been registered without a
change of address since the beginning of such year, except that the
board of elections shall not be required to send such communications to
voters in inactive status. The communication shall notify the voter in
bold print contained in such notice of the days and hours of the ensuing
primary and general elections, the place where he or she appears by his
or her registration records to be entitled to vote, and also in other
than bold type of the fact that voters who have moved or will have moved
S. 7394 16
from the address where they were last registered must either notify the
board of elections of his or her new address or vote by paper ballot at
the polling place for his or her new address even if such voter has not
re-registered, or otherwise notified the board of elections of the
change of address. If the primary will not be held on the first Tuesday
after the second Monday in September, the communication shall contain a
conspicuous notice in all capital letters and bold font notifying the
voter of the primary date. If the location of the polling place for the
voter's election district has been moved, the communication shall
contain the following legend in bold type: "YOUR POLLING PLACE HAS BEEN
CHANGED. YOU NOW VOTE AT..........". THE COMMUNICATION SHALL INDICATE
THAT ANY REGISTERED VOTER MAY VOTE EARLY BY MAIL BY APPLYING FOR AN
EARLY MAIL BALLOT, AND PROVIDE INFORMATION ON HOW TO APPLY FOR AN EARLY
MAIL BALLOT. The communication shall also indicate whether the polling
place is accessible to physically disabled voters, that a voter who will
be out of the city or county on the day of the primary or general
election or a voter who is ill or physically disabled may obtain an
absentee ballot, that a physically disabled voter whose polling place is
not accessible may request that his registration record be moved to an
election district which has a polling place which is accessible, the
phone number to call for applications to move a registration record or
for EARLY MAIL OR absentee ballot applications, the phone number to call
for the location of registration and polling places, the phone number to
call to indicate that the voter is willing to serve on election day as
an election inspector, poll clerk, interpreter or in other capacities,
the phone number to call to obtain an application for registration by
mail, and such other information concerning the elections or registra-
tion as the board may include. In lieu of sending such communication to
every registered voter, the board of elections may send a single commu-
nication to a household containing more than one registered voter,
provided that the names of all such voters appear as part of the address
on such communication.
§ 16. Subdivision 1 of section 4-119 of the election law, as amended
by chapter 992 of the laws of 1984, is amended to read as follows:
1. The board or body authorized to designate places for registration
in any city, other than the city of New York, shall publish on each day
of registration a list of the places for registration designated within
such city in two newspapers published in such city. The lists shall
refer to the election districts by their numbers and wards or assembly
districts. Such lists shall identify those polling places which do not
provide access to handicapped voters. The board of elections of the city
of New York shall publish in at least two newspapers in such city, a
notice, at least one-half page in size, in English and such other
languages as such board deems appropriate which shall set forth the
dates and hours of registration and the phone number to call for infor-
mation about location of polling places, their accessibility to the
handicapped, applications for EARLY MAIL AND absentee ballots and any
other subjects which such board deems appropriate. So far as is consist-
ent with the provisions of this section, one of such newspapers in each
such city or, in each county of the city of New York, shall represent
each of the major political parties and shall have a large circulation
affording wide publicity. If the newspaper is an evening newspaper the
notice shall be published on the last day, other than a Sunday, prior to
any such day of registration.
§ 17. Subdivision 3 of section 4-120 of the election law, as amended
by chapter 359 of the laws of 1989, is amended to read as follows:
S. 7394 17
3. The board of elections of the city of New York shall publish on the
eighth day before and the day before each general election, in at least
two newspapers in such city, a notice, at least one-half page in size,
in English and such other languages as such board deems appropriate,
which sets forth the dates and hours of the election and the phone
number to call for information about the location of polling places,
their accessibility to the handicapped, applications for EARLY MAIL AND
absentee ballots and any other subjects which such board deems appropri-
ate.
§ 18. Subdivision 9 of section 5-210 of the election law, as amended
by chapter 113 of the laws of 2023, is amended to read as follows:
9. The county board of elections shall, as soon as practicable and in
any event, not later than seven days after receipt by it of the applica-
tion, verify the identity of the applicant. In order to do so, the coun-
ty board of elections shall utilize the information provided in the
application and shall attempt to verify such information with the infor-
mation provided by the department of motor vehicles, social security
administration and any other lawful available information source. If the
county board of elections is unable to verify the identity of the appli-
cant within seven days of the receipt of the application, it shall imme-
diately take steps to confirm that the information provided by the
applicant was accurately utilized by such county board of elections, was
accurately verified with other information sources and that no data
entry error, or other similar type of error, occurred. Following
completion of the preceding steps, the county board of elections shall
mail (a) a notice of its approval, (b) a notice of its approval which
includes an indication that such board has not yet been able to verify
the identity of the applicant and a request for more information so that
such verification may be completed, or (c) a notice of its rejection of
the application to the applicant in a form approved by the state board
of elections. Notices of approval, notices of approval with requests for
more information or notices of rejection shall be sent by nonforwardable
first class or return postage guaranteed mail on which is endorsed such
language designated by the state board of elections to ensure postal
authorities do not forward such mail but return it to the board of
elections with forwarding information, when it cannot be delivered as
addressed and which contains a request that any such mail received for
persons not residing at the address be dropped back in the mail. The
voter's registration and enrollment shall be complete upon receipt of
the application by the appropriate county board of elections. The fail-
ure of a county board of elections to verify an applicant's identity
shall not be the basis for the rejection of a voter's application,
provided, however, that such verification failure shall be the basis for
requiring county board of elections to take the additional verification
steps provided by this chapter. The notice shall also advise the regis-
trant of the date when their registration and enrollment is effective,
of the date and the hours of the next regularly scheduled primary or
general election in which such registrant will be eligible to vote, of
the location of the polling place of the election district in which such
registrant is or will be a qualified voter, whether such polling place
is accessible to physically handicapped voters, an indication that ANY
REGISTERED VOTER MAY VOTE EARLY BY MAIL AND INFORMATION ON HOW TO OBTAIN
AN EARLY MAIL BALLOT, THAT physically handicapped voters or voters who
are ill or voters who will be out of the city or county on the day of
the primary or general election, may obtain an absentee ballot and the
phone number to call for absentee ballot applications, the phone numbers
S. 7394 18
to call for location of polling places, to obtain registration forms and
the phone number to call to indicate that the voter is willing to serve
on election day as an inspector, poll clerk or interpreter. The notice
of approval, notice of approval with request for more information or
notice of rejection shall also advise the applicant to notify the board
of elections if there is any inaccuracy. The form of such mail notifica-
tion shall be prescribed by the state board of elections and shall
contain such other information and instructions as it may reasonably
require to carry out the purposes of this section. The request for more
information shall inform the voter that "THE FAILURE TO CONTACT THE
BOARD OF ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR
PROVIDE REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR
IDENTIFICATION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING
MACHINE." If such notice is returned undelivered without a new address,
the board shall forthwith send such applicant a confirmation notice
pursuant to the provisions of section 5-712 of this article and place
such applicant in inactive status. The state board of elections shall
prepare uniform notices by this section as provided for in subdivision
eight of section 3-102 of this chapter.
§ 19. Subdivision 18 of section 5-211 of the election law, as amended
by section 1 of subpart M of part XX of chapter 55 of the laws of 2020,
is amended to read as follows:
18. (a) (i) On or before January first, two thousand twenty, all
institutions of the state university of New York and the city university
of New York shall create and make available to all students a webpage
for voter education on each such institution's website, containing a
link to an application for voter registration, a link to an application
for an [absentee] EARLY MAIL ballot, contact information for the county
board of elections, and the name and contact information for the admin-
istrator responsible for voter registration assistance on each campus.
(ii) Each such institution shall, at the beginning of the school year,
and again in January of a year in which the president of the United
States is to be elected, provide an application for voter registration
and an application for an [absentee] EARLY MAIL ballot to each student
in each such institution. Each institution shall be considered in
compliance with the requirements of this subparagraph for each student
to whom the institution electronically transmits a message containing
the link to the webpage for voter education, the link to an application
for voter registration and the link to an application for an [absentee]
EARLY MAIL ballot, if such information is in an electronic message
devoted exclusively to voter registration.
(iii) Each such institution shall provide the same degree of assist-
ance as required of participating agencies.
(b) The state university of New York and the city university of New
York, on behalf of each institution within its system, shall on or
before June first, two thousand twenty, and each subsequent year, submit
a report disaggregated according to each institution to the state board
of elections that includes:
(i) the efforts of the institution to register voters in the preceding
calendar year;
(ii) a date-stamped screen shot of the webpage for voter education
that contains the required information under paragraph (a) of this
subdivision;
(iii) the number of students who were registered for course work in
the preceding twelve months at such institution and the number of clicks
S. 7394 19
on the links to online voter registration and [absentee] EARLY MAIL
ballot applications; and
(iv) any other efforts or recommendations the institution plans to
implement to improve access to voter registration and [absentee] EARLY
MAIL ballot voting for students at the institution.
(c) The state board of elections shall make the reports provided
pursuant to paragraph (b) of this subdivision publicly available on its
website.
§ 20. Subdivision 5 of section 5-215 of the election law, as amended
by chapter 375 of the laws of 2015, is amended to read as follows:
5. If a veterans health administration hospital in which any veteran
entitled to vote in this state is a resident or patient, is located
outside the State of New York, an application for an EARLY MAIL OR
absentee ballot signed by such veteran or his or her spouse, parent or
child accompanying or being with him or her, if a qualified voter and a
resident of the same election district, shall constitute permanent
personal registration.
§ 21. Subdivision 1 of section 5-502 of the election law, as amended
by chapter 510 of the laws of 1985, is amended to read as follows:
1. The board of elections shall furnish in time for use by the boards
of inspectors of election, the registration records, an American flag, a
map or certified description of the election district, and the adjoining
election districts, challenge affidavits, EARLY MAIL BALLOT APPLICA-
TIONS, absentee voting applications, a list of voters who are currently
registered in the election district, a list of those voters who have
been cancelled in the last year with the reason for such cancellations,
forms for statements of temporary absence, a sufficient number of copies
of the ballot proposals to be submitted to the voters at the ensuing
election, at least one copy of the instruction booklet for inspectors
and all other forms and supplies required for the administration of the
registration system as provided by this article.
§ 22. Paragraph i of subdivision 3 of section 5-614 of the election
law, as added by chapter 24 of the laws of 2005, is amended to read as
follows:
i. allow local boards of elections, using their own systems, to
perform essential election functions including but not limited to proc-
essing of EARLY MAIL VOTERS, absentee voters, administration of poll
workers and polling places, assignment of election jurisdictions based
on residence and address and other functions necessary for the conduct
of elections using voter registration information from the official
statewide voter registration list.
§ 23. Subdivision 2-a and subparagraph (ii) of paragraph (e) of subdi-
vision 3 of section 8-302 of the election law, subdivision 2-a as added
by chapter 763 of the laws of 2021, and subparagraph (ii) of paragraph
(e) of subdivision 3 as amended by chapter 113 of the laws of 2023, are
amended to read as follows:
2-a. If a voter's name appears in the ledger or computer generated
registration list with a notation indicating that the board of elections
has issued the voter an EARLY MAIL, absentee, military or special
ballot, such voter shall not be permitted to vote on a voting machine at
an early voting site or on election day but may vote by affidavit
ballot.
(ii) They may swear to and subscribe an affidavit stating that they
have duly registered to vote, the address in such election district from
which they registered, that they remain a duly qualified voter in such
election district, that their registration poll record appears to be
S. 7394 20
lost or misplaced or that their name and/or their signature was omitted
from the computer generated registration list or such record indicates
the voter already voted when they did not do so or that they have moved
within New York state since they last registered, the address from which
they were previously registered and the address at which they currently
reside, and at a primary election, the party in which they are enrolled.
The inspectors of election shall offer such an affidavit to each such
voter whose residence address is in such election district. Each such
affidavit shall be in a form prescribed by the state board of elections,
shall be printed on an envelope of the size and quality used for an
[absentee] EARLY MAIL ballot envelope, and shall contain an acknowledg-
ment that the affiant understands that any false statement made therein
is perjury punishable according to law. Such form prescribed by the
state board of elections shall request information required to register
such voter should the county board determine that such voter is not yet
registered and shall constitute an application to register to vote. The
voter's name and the entries required shall then be entered without
delay and without further inquiry in the fourth section of the challenge
report or in the place provided in the computer generated registration
list, with the notation that the voter has executed the affidavit
hereinabove prescribed, or, if such person's name appears in such regis-
tration list, the board of elections may provide a place to make such
entry next to their name in such list. The voter shall then, without
further inquiry, be permitted to vote an affidavit ballot provided for
by this chapter. Such ballot shall thereupon be placed in the envelope
containing their affidavit, and the envelope sealed and returned to the
board of elections in the manner provided by this chapter for protested
official ballots, including a statement of the number of such ballots.
§ 24. Section 8-502 of the election law, as amended by chapter 373 of
the laws of 1978, is amended to read as follows:
§ 8-502. Challenges; generally. Before his vote is cast at an election
any person may be challenged as to his right to vote, or his right to
vote by EARLY MAIL, absentee, military, special federal or special pres-
idential ballot. Such challenge may be made by an inspector or clerk, by
any duly appointed watcher, or by any registered voter properly in the
polling place. An inspector shall challenge every person offering to
vote, whom he shall know or suspect is not entitled to vote in the
district, and every person whose name appears on the list of persons to
be challenged on election day which is furnished by the board of
elections.
§ 25. The section heading and subdivision 1 of section 8-506 of the
election law, the section heading as amended by chapter 8 of the laws of
1978 and subdivision 1 as amended by chapter 40 of the laws of 2009, are
amended to read as follows:
Challenges; EARLY MAIL, absentee, military, special federal and
special presidential ballots. 1. During the examination of EARLY MAIL,
absentee, military, special federal and special presidential voters'
ballot envelopes, any inspector shall, and any watcher or registered
voter properly in the polling place may, challenge the casting of any
ballot upon the ground or grounds allowed for challenges generally, or
(a) that the voter was not entitled to cast an EARLY MAIL, absentee,
military, special federal or special presidential ballot, or (b) that
notwithstanding the permissive use of titles, initials or customary
abbreviations of given names, the signature on the ballot envelope does
not correspond to the signature on the registration poll record, or (c)
that the voter died before the day of the election. A CHALLENGE TO AN
S. 7394 21
EARLY MAIL BALLOT MAY NOT BE MADE ON THE BASIS THAT THE VOTER SHOULD
HAVE APPLIED FOR AN ABSENTEE BALLOT. A CHALLENGE TO AN ABSENTEE BALLOT
MAY NOT BE MADE ON THE BASIS THAT THE VOTER SHOULD HAVE APPLIED FOR AN
EARLY MAIL BALLOT.
§ 26. Subdivisions 1 and 3 of section 9-124 of the election law, as
amended by chapter 437 of the laws of 2019, are amended to read as
follows:
1. After the returns of the canvass are made out and signed, the
inspectors shall enclose the ballot stubs, protested and void ballots
and the ballots cast in affidavit envelopes in separate sealed envelopes
or containers and endorse thereon a certificate signed by each of them
stating the number of the district and the number of ballots contained
in such envelopes or containers. The inspectors shall enclose the
unscanned voted ballots canvassed in accordance with section 9-110 of
this title in a separate sealed envelope or container and endorse there-
on a certificate signed by each of them stating the number of the
district, ballot scanner identification information and the number of
ballots contained in such envelope or container. The inspectors shall
then package and seal the other voted ballots and place them in one or
more boxes or containers, and include within such boxes or containers
one portable memory device from each ballot scanner pursuant to para-
graph (d) of subdivision two of section 9-102 of this title, and any
EARLY MAIL, absentee, military, special federal, or special presidential
ballots which may have been delivered to the poll site during election
day, and securely lock and seal such boxes or containers. Notwithstand-
ing the preceding sentence, such portable memory device from each ballot
scanner with the corresponding results tape may be enclosed in a sealed
container and transported prior to and separately from other materials
referenced in this section for the purpose of using such device to
provide an unofficial tally of results as required by section 9-126 of
this title.
3. (a) Except in the city of New York, the registration poll records
or computer generated registration lists, the returns of canvass with
results tapes and tally sheets, if any, annexed, the voted ballots,
stubs, opened packages of unused ballots and ballot envelopes, any EARLY
MAIL, absentee, military, special federal, or special presidential
ballots which may have been delivered to the poll site during election
day, the challenge report records, keys and the package of protested and
void ballots shall be filed with the board of elections.
(b) Records and supplies to be filed with a city, town or village
clerk shall be so filed or delivered immediately after the completion of
the returns of the canvass, by an inspector designated by the board of
inspectors. Returns, papers and registration poll records or computer
generated registration lists to be filed with the board of elections
shall be so filed by the chairman of the board of inspectors within
twenty-four hours after the completion of such returns. The person
receiving such returns in the board of elections shall give to the
person delivering the returns a receipt stating therein the date and
hour of delivery, the name of the person making the delivery, and to
whom said returns were delivered and shall keep a duplicate of said
receipt on file in the office of the board of elections.
(c) In the city of New York, the board of inspectors shall deliver to
police or peace officers designated by the police commissioner of such
city, at the polling place the registration poll records or computer
generated registration lists, challenge report, records, keys, other
election supplies, including two copies of the returns of the canvass
S. 7394 22
and any EARLY MAIL, absentee, military, special federal, or special
presidential ballots which may have been delivered to the poll site
during election day, voted ballots, stubs, open packages of unused
ballots and ballot envelopes. Such police or peace officers shall file
the returns, the package of void and protested ballots, if any, and the
EARLY MAIL, absentee, military, special federal, OR special presidential
ballots which may have been delivered to the poll site during election
day; and emergency ballots, stubs and ballot envelopes, if any, within
twenty-four hours after the close of the polls, in the office of the
board of elections or its branch office within the borough, as the case
may be.
§ 27. The section heading and opening paragraph, subdivision 1, the
subdivision heading and opening paragraph of subdivision 2, paragraphs
(a) and (b) of subdivision 4, the subdivision heading and paragraph (f)
of subdivision 6, paragraphs (a) and (k) of subdivision 7, the subdivi-
sion heading and paragraph (a) of subdivision 8 and subdivision 9 of
section 9-209 of the election law, as added by chapter 763 of the laws
of 2021, are amended to read as follows:
Canvass of EARLY MAIL, absentee, military and special ballots, and
ballots cast in affidavit envelopes. Before completing the canvass of
votes cast in any primary, general, special, or other election at which
voters are required to sign their registration poll records before
voting, the board of elections shall proceed in the manner hereinafter
prescribed to review, cast and canvass EARLY MAIL, any absentee, mili-
tary, special presidential, special federal or other special ballots and
any ballots cast in affidavit envelopes. Each such ballot shall be
retained in the original envelope containing the voter's affidavit and
signature, in which it is delivered to the board of elections until such
time as it is to be reviewed, in order to be cast and canvassed.
1. Central board of canvassers. Within four days of the receipt of an
EARLY MAIL, absentee, military or special ballot, the board of elections
shall designate itself or such of its employees as it shall deem appro-
priate as a set of poll clerks to review such ballot envelopes. The
board may designate additional sets of poll clerks and if it designates
more than one such set shall apportion among all such sets the election
districts from which such ballots have been received, provided that when
reviewing ballots, all ballots from a single election district shall be
assigned to a single set of clerks, and that each such set shall be
divided equally between representatives of the two major political
parties. Each such set of clerks shall be deemed a central board of
canvassers for purposes of this section.
Review of EARLY MAIL, absentee, military and special ballot envelopes.
Within four days of the receipt of an EARLY MAIL, absentee, military or
special ballot before the election, and within one day of receipt on or
after the election, each central board of canvassers shall examine the
ballot affirmation envelopes as nearly as practicable in the following
manner:
(a) Such central board of canvassers shall review any federal write-in
absentee ballots validly cast by an EARLY MAIL VOTER, AN absentee voter,
a military voter or a special federal voter for the offices of president
and vice-president, United States senator and representative in
congress. Such central board of canvassers shall also review any federal
write-in absentee ballots validly cast by a military voter for all ques-
tions or proposals, public offices or party positions for which a mili-
tary voter is otherwise eligible to vote as provided in section 10-104
of this chapter.
S. 7394 23
(b) Federal write-in absentee ballots shall be deemed valid only if:
(i) an application for an EARLY MAIL, absentee, military or special
federal ballot was received from the EARLY MAIL, absentee, military or
special federal voter; (ii) the federal write-in absentee ballot was
submitted from inside or outside the United States by a military voter
or was submitted from outside the United States by a special federal
voter; (iii) such ballot is received by the board of elections not later
than thirteen days following the day of election or seven days after a
primary election; and (iv) the EARLY MAIL, absentee, military or special
federal ballot which was sent to the voter is not received by the board
of elections by the thirteenth day following the day of a general or
special election or the seventh day after a primary election.
Casting and canvassing of EARLY MAIL, absentee, military and special
ballots.
(f) Upon completing the casting and canvassing of any remaining valid
ballots as hereinabove provided for any election district, the central
board of canvassers shall thereupon, as nearly as practicable in the
manner provided in this article for EARLY MAIL, absentee, military and
special ballots, verify the number of ballots so cast, tally the votes
so cast, add such tally to the previous tally of all votes cast in such
election district, and record the result.
(a) Within four business days of the election, the board of elections
shall review all affidavit ballots cast in the election. If the central
board of canvassers determines that a person was entitled to vote at
such election it shall cast and canvass such affidavit ballot; provided,
however, if the board of elections receives one or more timely EARLY
MAIL OR absentee ballots from a voter who also cast an affidavit ballot
at a poll site, the last such timely EARLY MAIL OR absentee ballot
received shall be canvassed and the affidavit ballot shall be set aside
unopened; and provided further, if a voter was issued an EARLY MAIL OR
absentee ballot and votes in person via an affidavit ballot and the
board does not receive such EARLY MAIL OR absentee ballot, the affidavit
ballot shall be canvassed if the voter is otherwise qualified to vote in
such election.
(k) The board of elections shall enter information into the ballot
tracking system, as defined in [section] SECTIONS 8-414 AND 8-712 of
this chapter, to allow a voter who cast a ballot in an EARLY VOTING OR
affidavit envelope to determine if the vote was counted.
Post-election review of invalid EARLY MAIL, absentee, military and
special ballots. (a) Within four business days of the election, the
board of elections shall designate itself or such of its employees to
act as a central board of canvassers as provided in subdivision one of
this section and meet to review EARLY MAIL, absentee, military and
special ballots determined to be invalid pursuant to paragraph (a) of
subdivision two of this section, ballot envelopes that were returned to
the board as undeliverable, and ballot envelopes containing one or more
curable defects that have not been timely cured.
9. State board of elections; powers and duties for canvassing of EARLY
MAIL, absentee, military, special and affidavit ballots. The state board
of elections shall promulgate rules and regulations necessary for the
implementation of the provisions of this section. Such rules and regu-
lations shall include, but not be limited to, provisions to (a) ensure
an efficient and fair review process that respects the privacy of the
voter, (b) ensure the security of the central count scanners used before
election day, and (c) ensure that ballots cast as provided in this
section are canvassed and counted as if cast on election day.
S. 7394 24
§ 28. Section 10-122 of the election law, the section heading as
amended by chapter 373 of the laws of 1978, is amended to read as
follows:
§ 10-122. Military voter; EARLY MAIL OR absentee ballot, right to. Any
military voter may vote by EARLY MAIL BALLOT OR absentee ballot rather
than military ballot provided that he complies with the provisions of
this chapter relating thereto.
§ 29. Subdivision 2 of section 10-124 of the election law, as added by
chapter 262 of the laws of 2003, is amended to read as follows:
2. The state board of elections shall be responsible for providing
information regarding voter registration procedures and [absentee]
ballot procedures applicable to military and special federal voters
wishing to register or vote in any jurisdiction of the state.
§ 30. Section 11-300 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
§ 11-300. Special ballots on account of religious scruples. A voter
may deliver to the inspectors of election of the election district in
which he is registered, or to the board of elections, at any time during
the period in which an application for EARLY MAIL OR absentee ballot may
be so delivered pursuant to the provisions of this chapter, a written
statement of religious scruples against voting at a polling place
located in a premises used for religious purposes. In the event the
polling place for any such voter's election district shall be located in
a premises used for religious purposes, the board of elections shall
permit such voter to cast a special ballot, at an office of such board
of elections, not earlier than one week before the election and not
later than the close of the polls on election day. Such ballots shall be
retained at the board of elections and cast and canvassed pursuant to
the provisions of section 9-209 of this chapter.
§ 30-a. Subdivision 1 of section 11-306 of the election law, as
amended by chapter 150 of the laws of 2019, is amended to read as
follows:
1. A voter may deliver to the board of elections, in person or by
mail, at any time during the period in which EARLY MAIL OR absentee
ballot applications may be delivered, a signed written statement swear-
ing or affirming:
(a) that he or she is the victim of domestic violence;
(b) that he or she has left his or her residence because of such
violence; and
(c) that because of the threat of physical or emotional harm to
himself or herself or to family or household members, he or she wishes
to cast a special ballot in the next election. The statement must
include the voter's address of registration. The board of elections
shall permit such a voter to cast a special ballot at an office of such
board of elections not later than the close of the polls on election
day, or by mail within the same time and in the same manner in which
EARLY MAIL OR absentee ballots may be cast, provided however that the
distribution of such ballots to such voters shall be timed to afford
such voters sufficient time to cast such ballots prior to the close of
the polls on election day. Such ballots shall be retained at the board
of elections and cast and canvassed pursuant to the provisions of
section 9-209 of this chapter.
§ 30-b. Subdivisions 1 and 2 of section 11-308 of the election law, as
added by chapter 485 of the laws of 2016, are amended to read as
follows:
S. 7394 25
1. A registered voter who serves as an emergency responder in times of
emergency, as declared by the governor or a court of competent jurisdic-
tion, may apply to the board of elections by letter or special applica-
tion via mail, facsimile or e-mail, for a special ballot. Such applica-
tion or letter may be delivered to the board of elections at any time
prior to any election, without regard to deadlines for the receipt of
EARLY MAIL OR absentee ballot applications.
2. Emergency responders may utilize an EARLY MAIL OR absentee ballot
application to request a special ballot, or may file a written statement
that he or she will be unable to appear at the polling place on the day
of an election because his or her duties as an emergency responder
require such voter to be elsewhere. The emergency responder shall desig-
nate a preference for the receipt of a special ballot. The board of
elections shall provide such voter a special ballot immediately upon
such request, and shall utilize overnight express delivery for such mail
ballot delivery. If the designated preference is for facsimile or elec-
tronic transmission, the ballot shall be furnished in the same manner
applicable to military voters who request ballots in such format.
§ 31. Section 15-100 of the election law, as amended by chapter 359 of
the laws of 1989, is amended to read as follows:
§ 15-100. Application of article. This article applies to all general
and special village elections for officers and all the provisions of
this chapter, not inconsistent with this article, shall apply to all
village elections, except that if a village has adopted a resolution
pursuant to paragraph c of subdivision one of section 15-104 of this
article, the other provisions of this chapter governing the conduct of
elections and proceedings relating thereto, including the manner and
times for making nominations and proceedings relating to EARLY MAIL AND
absentee voting, and the provisions of this article not inconsistent
with other provisions of this chapter shall apply to such elections.
§ 32. Subdivision 8 of section 15-118 of the election law, as amended
by chapter 217 of the laws of 1992, is amended to read as follows:
8. The village clerk shall furnish the inspectors of election, at
village expense, with all necessary registration books, papers, equip-
ment and supplies. The village clerk shall also deliver to the inspec-
tors a list of all persons who have applied for EARLY MAIL OR absentee
ballots for the election for which the registration meeting is being
held.
§ 33. Subdivisions 1 and 5 of section 16-106 of the election law, as
amended by chapter 763 of the laws of 2021, are amended to read as
follows:
1. The post-election refusal to cast: (a) challenged ballots, blank
ballots, or void ballots; (b) EARLY MAIL, absentee, military, special,
or federal write-in ballots; (c) emergency ballots; and (d) ballots
voted in affidavit envelopes may be contested in a proceeding instituted
in the supreme or county court, by any candidate or the chairman of any
party committee, and by any voter with respect to the refusal to cast
such voter's ballot, against the board of canvassers of the returns from
such district, if any, and otherwise against the board of inspectors of
election of such district. If the court determines that the person who
cast such ballot was entitled to vote at such election, it shall order
such ballot to be cast and canvassed, including if the court finds that
ministerial error by the board of elections or any of its employees
caused such ballot envelope not to be valid on its face.
5. In the event procedural irregularities or other facts arising
during the election suggest a change or altering of the canvass sched-
S. 7394 26
ule, as provided for in section 9-209 of this chapter, may be warranted,
a candidate may seek an order for temporary or preliminary injunctive
relief or an impound order halting or altering the canvassing schedule
of EARLY MAIL, absentee, military, special or affidavit ballots. Upon
any such application, the board or boards of elections have a right to
be heard. To obtain such relief, the petitioner must meet the criteria
in article sixty-three of the civil practice law and rules and show by
clear and convincing evidence, that, because of procedural irregulari-
ties or other facts arising during the election, the petitioner will be
irreparably harmed absent such relief. For the purposes of this section,
allegations that opinion polls show that an election is close is insuf-
ficient to show irreparable harm to a petitioner by clear and convincing
evidence.
§ 34. Subdivision 4 of section 16-108 of the election law is amended
to read as follows:
4. Such court, justice or judge, in a proceeding instituted by any
voter unlawfully denied an EARLY MAIL OR absentee ballot or the applica-
tion therefor, shall compel, by order, the delivery to such voter of a
ballot or application.
§ 35. Subdivision 8 of section 17-132 of the election law is amended
and a new closing paragraph is added to read as follows:
8. Fraudulently signs the name of another upon an EARLY MAIL OR absen-
tee voter's envelope or aids in doing or attempting to do a fraudulent
act in connection with an EARLY MAIL OR absentee vote cast or attempted
to be cast; or,
PROVIDED FURTHER THAT, A PERSON WHOSE ABSENTEE BALLOT APPLICATION IS
PROCESSED AS AN EARLY MAIL BALLOT APPLICATION PURSUANT TO SECTION 8-402
OR SECTION 15-120 OF THIS CHAPTER, IS NOT SUBJECT TO PENALTY UNDER
SUBDIVISION SEVEN OF THIS SECTION FOR ATTEMPTING TO VOTE AS AN ABSENTEE
VOTER.
§ 36. Paragraph (b) of subdivision 1 of section 17-212 of the election
law, as added by chapter 226 of the laws of 2022, is amended to read as
follows:
(b) A violation of paragraph (a) of this subdivision shall be estab-
lished if:
(i) a person uses or threatens to use any force, violence, restraint,
abduction or duress, or inflicts or threatens to inflict any injury,
damage, harm or loss, or in any other manner practices intimidation that
causes or will reasonably have the effect of causing any person to vote
or refrain from voting in general or for or against any particular
person or for or against any proposition submitted to voters at such
election; to place or refrain from placing their name upon a registry of
voters; or to request or refrain from requesting an EARLY MAIL OR absen-
tee ballot; or
(ii) a person knowingly uses any deceptive or fraudulent device,
contrivance or communication, that impedes, prevents or otherwise inter-
feres with the free exercise of the elective franchise by any person, or
that causes or will reasonably have the effect of causing any person to
vote or refrain from voting in general or for or against any particular
person or for or against any proposition submitted to voters at such
election; to place or refrain from placing their name upon a registry of
voters; or to request or refrain from requesting an EARLY MAIL OR absen-
tee ballot; or
(iii) a person obstructs, impedes, or otherwise interferes with access
to any polling place or elections office, or obstructs, impedes, or
otherwise interferes with any voter in any manner that causes or will
S. 7394 27
reasonably have the effect of causing any delay in voting or the voting
process, including the canvassing and tabulation of ballots.
§ 37. Subdivision 1 of section 1512 of the education law, as amended
by chapter 461 of the laws of 1996, is amended to read as follows:
1. Such meeting shall be organized as provided in section fifteen
hundred twenty-three. Such meeting may adopt a resolution to consolidate
such districts if two-thirds of the qualified electors of each district
having less than fifteen of such electors are present, or in case of
districts having fifteen or more qualified electors if ten or more are
present. The vote upon such resolution shall be by ballot or by taking
and recording the ayes and noes. If the vote shall be by taking and
recording the ayes and noes, the clerk and such assistants as may be
provided for him by the meeting shall keep a poll-list upon which shall
be recorded the names of all qualified electors voting upon the resol-
ution, the districts in which such electors reside, and how each elector
voted. If the vote shall be by ballot, one or more inspectors of
election shall be appointed in such manner as the meeting shall deter-
mine, who shall receive the votes cast, canvass the same and announce
the result of the ballot to the chairman. If the vote shall be by
ballot then voting machines may be used in the manner prescribed by
section two thousand thirty-five of this [chapter] TITLE and provision
shall be made for absentee ballots as provided in section two thousand
eighteen-a or two thousand eighteen-b of this [chapter] TITLE, WHICHEVER
SHALL APPLY, AND EARLY MAIL BALLOTS AS PROVIDED IN SECTION TWO THOUSAND
EIGHTEEN-E OR TWO THOUSAND EIGHTEEN-F OF THIS TITLE, WHICHEVER SHALL
APPLY. If it shall appear that a majority of the qualified electors
present and voting from each district are in favor of such resolution,
it shall be declared adopted and where at least one of the districts
consolidated is a union free school district it shall be lawful for such
meeting thereafter to proceed to the election of a board of education as
provided in sections seventeen hundred two and seventeen hundred four of
this [chapter] TITLE. If a majority of the qualified electors present
and voting from each district are not in favor of such resolution, all
further proceedings at such meeting, except a motion to reconsider or
adjourn, shall be dispensed with and no such meeting shall be again
called within one year thereafter.
§ 38. Subdivision 5 of section 1522 of the education law, as amended
by chapter 461 of the laws of 1996, is amended to read as follows:
5. Whenever fifteen persons, entitled as aforesaid, from each of two
or more adjoining districts, shall unite in a request for a meeting of
the inhabitants of such districts, to determine whether such districts
shall be consolidated by the establishment of a union free school
district therein, it shall be the duty of the trustees of such
districts, or a majority of them, to submit such proposed consolidation
to the commissioner of education for approval. If the commissioner
approve such proposed consolidation, it shall be the duty of such trus-
tees, or a majority of them, to give public notice of such meeting, at
some convenient place within such districts, and as central as may be,
within the time and to be published and served in the manner set forth
in this section, in each of such districts and to provide for the use of
absentee ballots as provided under section two thousand eighteen-a or
two thousand eighteen-b of this [chapter] TITLE, whichever shall apply,
AND EARLY MAIL BALLOTS AS PROVIDED IN SECTION TWO THOUSAND EIGHTEEN-E OR
TWO THOUSAND EIGHTEEN-F OF THIS TITLE, WHICHEVER SHALL APPLY.
§ 39. Subdivision 1 of section 1524 of the education law, as amended
by chapter 461 of the laws of 1996, is amended to read as follows:
S. 7394 28
1. Notwithstanding the provisions of this chapter or any other gener-
al, special, or local law to the contrary, whenever the qualified voters
of a school district which is contiguous to the city school district of
a city with less than one hundred twenty-five thousand inhabitants,
according to the latest federal census, by a majority vote taken at an
annual or special meeting of such district shall adopt a proposition to
consolidate such school district with such city school district, and the
board of education of such city school district shall by resolution duly
adopted consent thereto, the commissioner of education may by order
consolidate such school district with such city school district;
provided, however, that where several school districts are contiguous to
each other and at least one of such school districts is contiguous to
such city school district, such vote may be taken in each of such school
districts at the same time, and if the proposition to consolidate is
adopted by a majority vote in each such district, including any votes
cast by absentee ballot as provided under section two thousand eigh-
teen-a or two thousand eighteen-b of this [chapter] TITLE, whichever
shall apply, AND ANY VOTES CAST BY EARLY MAIL BALLOTS AS PROVIDED IN
SECTION TWO THOUSAND EIGHTEEN-E OR TWO THOUSAND EIGHTEEN-F OF THIS
TITLE, WHICHEVER SHALL APPLY, and upon the consent of the city school
district board of education, the commissioner of education may include
each such district in one order of consolidation; provided, further,
however, that if the proposition to consolidate is not adopted by a
majority vote in each such district, but is so adopted in one or more of
such districts, upon the consent of the city school district board of
education, the commissioner may include in one order of consolidation
only such district or districts as, either singly or as a group, are
contiguous to such city school district. Such order shall specify a date
on which the same shall take effect, and shall have the same effect as
an order made by a district superintendent dissolving two or more common
school districts and forming a new district therefrom, or dissolving one
or more common school districts and uniting the territory thereof to a
union free school district under the provisions of article thirty-one of
this [chapter] TITLE. A copy of such order shall be filed with the
clerk of each school district affected thereby.
§ 40. Subdivision 5 of section 1803 of the education law, as amended
by chapter 461 of the laws of 1996, is amended to read as follows:
5. Votes upon the adoption of a resolution shall be cast in the same
manner as votes for the election of school district trustees. The
commissioner of education may order such modifications in the manner of
voting as are customary for school district elections in the community
affected by such vote. Such modifications may include the use of voting
machines and shall include the use of absentee ballots as provided under
section two thousand eighteen-a or two thousand eighteen-b of this
[chapter] TITLE, whichever shall apply, AND EARLY MAIL BALLOTS AS
PROVIDED IN SECTION TWO THOUSAND EIGHTEEN-E OR TWO THOUSAND EIGHTEEN-F
OF THIS TITLE, WHICHEVER SHALL APPLY.
§ 41. Paragraph f of subdivision 2 of section 1803-a of the education
law, as added by chapter 461 of the laws of 1996, is amended to read as
follows:
f. Provision shall be made for the use of absentee ballots as provided
under section two thousand eighteen-a or two thousand eighteen-b of this
[chapter] TITLE, whichever shall apply, AND EARLY MAIL BALLOTS AS
PROVIDED UNDER SECTION TWO THOUSAND EIGHTEEN-E OR TWO THOUSAND EIGH-
TEEN-F OF THIS TITLE, WHICHEVER SHALL APPLY.
S. 7394 29
§ 42. Subdivision 2 of section 1951 of the education law is amended by
adding a new paragraph t to read as follows:
T. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE EARLY
MAIL BALLOTS TO QUALIFIED VOTERS. THE COMMISSIONER SHALL ADOPT REGU-
LATIONS FOR THE PURPOSES OF IMPLEMENTING THE PROVISIONS OF THIS PARA-
GRAPH WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CREATING THE PROCEDURE
FOR WHICH SUCH EARLY MAIL BALLOTS SHALL BE SUBMITTED; PROVIDING THAT
SUCH EARLY MAIL BALLOTS SHALL BE, AS NEARLY AS PRACTICABLE, IN THE SAME
FORM AS THOSE VOTED AT THE DISTRICT ELECTION; REQUIRING THAT ANY EARLY
MAIL BALLOT APPLICANT IS OR WILL BE, ON THE DAY OF THE VOTE, A QUALIFIED
VOTER OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND THAT HE OR
SHE WILL BE ON SUCH DATE OVER EIGHTEEN YEARS OF AGE, A CITIZEN OF THE
UNITED STATES AND HAS OR WILL HAVE RESIDED IN SAID DISTRICT FOR THIRTY
DAYS NEXT PRECEDING SUCH DATE; AND PROVIDING INSTRUCTIONS AS TO THE
PROPER MARKING THEREOF.
§ 43. Subdivision 7 of section 2004 of the education law, as added by
chapter 219 of the laws of 1978, is amended to read as follows:
7. Such notice shall also state that applications for EARLY MAIL AND
absentee ballots for election of board members may be applied for at the
office of the clerk of the district. Such notice, in such case, shall
further state that a list of all persons to whom EARLY MAIL AND absentee
ballots shall have been issued, will be available in the said office of
the clerk on each of the five days prior to the day of the election
except Sundays, and that such list will also be posted at the polling
place or places at the election of members of the board of education.
§ 44. Paragraph b of subdivision 2 of section 2018-a of the education
law, as added by chapter 616 of the laws of 2019, is amended and a new
paragraph c-1 is added to read as follows:
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 clerk. Application forms for use
pursuant to this section shall be in a form prescribed by the state
board of elections. THE STANDARD APPLICATION FORM SHALL INDICATE THAT
IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS ENTI-
TLED TO AN ABSENTEE BALLOT, THE APPLICATION WILL BE PROCESSED AS AN
APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO PARAGRAPH C-1 OF THIS
SUBDIVISION, AND THE APPLICANT WILL BE SENT AN EARLY MAIL BALLOT IF
OTHERWISE ELIGIBLE. The use of any application which is on a form
prescribed by the state board of elections shall be acceptable.
C-1. PROVIDED THAT, IF THE APPLICANT DOES NOT PROVIDE A REASON THAT
THE APPLICANT IS ENTITLED TO AN ABSENTEE BALLOT AS REQUIRED BY PARAGRAPH
C OF THIS SUBDIVISION, THE APPLICATION SHALL BE PROCESSED AS AN APPLICA-
TION FOR AN EARLY MAIL BALLOT PURSUANT TO SECTION 2018-E OF THIS PART.
§ 45. Subdivisions 3 and 6 of section 2018-a of the education law,
subdivision 3 as added by chapter 219 of the laws of 1978 and subdivi-
sion 6 as amended by chapter 29 of the laws of 2000, are amended to read
as follows:
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 board of registration shall be satisfied that the applicant is a
qualified voter of the district, and entitled to vote by absentee
ballot, such board shall place his name upon the register, thereupon the
applicant shall be issued or mailed an absentee voter's ballot and the
board of registration shall make an appropriate entry on the register
indicating that an absentee ballot has been applied for by, and issued
to, the applicant. PROVIDED THAT, AN APPLICATION FOR AN ABSENTEE BALLOT
S. 7394 30
THAT DOES NOT PROVIDE A REASON THAT THE APPLICANT IS ENTITLED TO SUCH A
BALLOT AS REQUIRED IN PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION,
THE APPLICATION SHALL BE PROCESSED AS AN APPLICATION FOR AN EARLY MAIL
BALLOT PURSUANT TO SECTION 2018-E OF THIS PART.
6. The board of registration shall make a list of all persons to whom
absentee voter's ballots shall have been issued and file such list in
the office of the clerk 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. A CHAL-
LENGE TO AN ABSENTEE BALLOT MAY NOT BE MADE ON THE BASIS THAT THE VOTER
SHOULD HAVE APPLIED FOR AN EARLY MAIL BALLOT. Such written challenge
shall be transmitted by the clerk to the inspectors of election on
election day.
§ 46. Paragraph a of subdivision 2 and subdivisions 3 and 7 of section
2018-b of the education law, paragraph a of subdivision 2 and subdivi-
sion 3 as amended by chapter 46 of the laws of 1992 and subdivision 7 as
amended by chapter 29 of the laws of 2000, are amended to read as
follows:
a. An applicant for such an absentee ballot shall submit an applica-
tion 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 school district election, a
qualified voter of the school 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 will be unable to appear to
vote in person on the day of the school district 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, business, or studies 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 resi-
dence 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 felo-
ny. Such application must be received by the district clerk or designee
of the trustees or school board 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.
PROVIDED THAT, IF THE APPLICANT DOES NOT PROVIDE A REASON THAT THE
APPLICANT IS ENTITLED TO AN ABSENTEE BALLOT AS REQUIRED BY THIS SUBDIVI-
SION, THE APPLICATION SHALL BE PROCESSED AS AN APPLICATION FOR AN EARLY
MAIL BALLOT PURSUANT TO SECTION 2018-F OF THIS PART.
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 clerk of the school district or designee of the trustees or
school board shall be satisfied that the applicant is a qualified voter
of the district, and entitled to vote by absentee ballot, such clerk of
the school district or designee of the trustees or school board shall
cause to be issued or mailed to the applicant an absentee voter's ballot
and the clerk of the school district or designee of the trustees or
school board shall make an appropriate entry on the poll list pursuant
to section two thousand twenty-nine of this [article] PART. PROVIDED
S. 7394 31
THAT, AN APPLICATION FOR AN ABSENTEE BALLOT THAT DOES NOT PROVIDE A
REASON THAT THE APPLICANT IS ENTITLED TO SUCH A BALLOT SHALL BE PROC-
ESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO PARAGRAPH A
OF SUBDIVISION TWO OF THIS SECTION AND SECTION 2018-F OF THIS PART.
7. The clerk of the school district or designee of the trustees or
school board shall make a list of all persons to whom absentee voter's
ballots shall have been issued and maintain such list 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. A CHALLENGE TO AN ABSENTEE BALLOT MAY NOT BE MADE ON THE
BASIS THAT THE VOTER SHOULD HAVE APPLIED FOR AN EARLY MAIL BALLOT. Such
written challenge shall be transmitted by the clerk or the designee of
the trustees or school board to the inspectors of election on election
day.
§ 47. The education law is amended by adding a new section 2018-e to
read as follows:
§ 2018-E. EARLY MAIL BALLOTS FOR SCHOOL DISTRICT ELECTIONS. 1. THE
BOARD OF EDUCATION OF ANY UNION FREE, CENTRAL OR CENTRAL HIGH SCHOOL
DISTRICT WHICH ELECTS SCHOOL BOARD MEMBERS BY BALLOT AND PROVIDES FOR
PERSONAL REGISTRATION OF VOTERS, SHALL PROVIDE FOR EARLY MAIL BALLOTS
FOR THE ELECTION OF MEMBERS OF THE BOARD OF EDUCATION AND SCHOOL
DISTRICT PUBLIC LIBRARY TRUSTEES, THE ADOPTION OF THE ANNUAL BUDGET AND
SCHOOL DISTRICT PUBLIC LIBRARY BUDGET AND REFERENDA, IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION.
1-A. IN COUNTIES WITH A POPULATION OF ONE MILLION OR MORE, THE BOARD
OF EDUCATION OF ANY UNION FREE, CENTRAL OR CENTRAL HIGH SCHOOL DISTRICT
WHICH ELECTS SCHOOL BOARD MEMBERS BY BALLOT AND PROVIDES FOR PERSONAL
REGISTRATION OF VOTERS SHALL PROVIDE FOR EARLY MAIL BALLOTS FOR THE
ELECTION OF MEMBERS OF THE BOARD OF EDUCATION AND SCHOOL DISTRICT PUBLIC
LIBRARY TRUSTEES, THE ADOPTION OF THE ANNUAL BUDGET AND SCHOOL DISTRICT
PUBLIC LIBRARY BUDGET AND REFERENDA, IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION.
2. A. A QUALIFIED VOTER MAY VOTE AS AN EARLY MAIL VOTER UNDER THIS
SECTION.
B. EACH PERSON ENTITLED TO VOTE AS AN EARLY MAIL VOTER PURSUANT TO
THIS SECTION AND DESIROUS OF OBTAINING AN EARLY MAIL BALLOT SHALL MAKE
WRITTEN APPLICATION THEREFOR TO THE DISTRICT CLERK. 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.
C. THE APPLICATION FOR AN EARLY MAIL 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.
D. 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 EARLY MAIL
BALLOT, I SHALL BE GUILTY OF A MISDEMEANOR.
S. 7394 32
DATE.....................SIGNATURE OF VOTER ............................
E. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT CLERK NO EARLIER
THAN THE THIRTIETH DAY BEFORE THE ELECTION FOR WHICH AN EARLY MAIL
BALLOT IS SOUGHT. IF THE APPLICATION REQUESTS THAT THE EARLY MAIL BALLOT
BE MAILED, SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN SEVEN DAYS
BEFORE THE ELECTION. IF THE APPLICANT OR THEIR AGENT DELIVERS THE APPLI-
CATION TO THE DISTRICT CLERK IN PERSON, SUCH APPLICATION MUST BE
RECEIVED NOT LATER THAN THE DAY BEFORE THE ELECTION. THE DISTRICT CLERK
SHALL EXAMINE EACH APPLICATION AND SHALL DETERMINE FROM THE INFORMATION
CONTAINED THEREIN WHETHER THE APPLICANT IS QUALIFIED UNDER THIS SECTION
TO RECEIVE AN EARLY MAIL BALLOT.
F. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
HAS BEEN RECEIVED AND FOR WHICH THE DISTRICT CLERK HAS DETERMINED THE
APPLICANT TO BE QUALIFIED TO VOTE BY EARLY MAIL BALLOT THE DISTRICT
CLERK SHALL MAIL, BY REGULAR MAIL, AN EARLY MAIL BALLOT TO EACH QUALI-
FIED APPLICANT WHO HAS APPLIED BEFORE SUCH DAY AND WHO HAS REQUESTED
THAT SUCH EARLY MAIL BALLOT BE MAILED TO HIM OR HER AT THE ADDRESS SET
FORTH IN THEIR APPLICATION. IF THE APPLICANT OR THEIR AGENT DELIVERS THE
APPLICATION TO THE DISTRICT CLERK IN PERSON AFTER THE SEVENTH DAY BEFORE
THE ELECTION AND NOT LATER THAN THE DAY BEFORE THE ELECTION, THE
DISTRICT CLERK SHALL FORTHWITH DELIVER SUCH EARLY MAIL BALLOTS FOR THOSE
APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO MAKE SUCH APPLICA-
TIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR THE AGENTS NAMED
IN THE APPLICATIONS WHEN SUCH APPLICANTS OR AGENTS APPEAR IN THE
DISTRICT CLERK'S OFFICE.
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 BOARD OF REGISTRATION SHALL BE SATISFIED THAT THE APPLICANT IS A
QUALIFIED VOTER OF THE DISTRICT ENTITLED TO VOTE BY EARLY MAIL BALLOT,
SUCH BOARD SHALL PLACE THEIR NAME UPON THE REGISTER, THEREUPON THE
APPLICANT SHALL BE ISSUED OR MAILED AN EARLY MAIL VOTER'S BALLOT AND THE
BOARD OF REGISTRATION SHALL MAKE AN APPROPRIATE ENTRY ON THE REGISTER
INDICATING THAT AN EARLY MAIL BALLOT HAS BEEN APPLIED FOR BY, AND ISSUED
TO, THE APPLICANT.
4. BALLOTS FOR EARLY MAIL 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 EARLY MAIL BALLOT SHALL
CONFORM TO THE REGULAR BALLOT; IF THE VOTE OF SUCH ELECTION SHALL BE BY
VOTING MACHINE, THE EARLY MAIL BALLOT SHALL CONFORM AS CLOSELY AS POSSI-
BLE TO THE MANNER IN WHICH THE NAMES OF THE CANDIDATES, THE QUESTIONS
AND THE PROPOSITIONS APPEAR ON THE VOTING MACHINES, EXCEPT THAT THE
EARLY MAIL BALLOT SHALL ALSO CONTAIN A SPACE FOR A WRITE-IN OR WRITE-
INS. SUCH EARLY MAIL BALLOTS SHALL ALSO CONTAIN INSTRUCTIONS AS TO THE
PROPER MARKING THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS
TWO THOUSAND THIRTY-TWO AND TWO THOUSAND THIRTY-FOUR OF THIS PART. ON
THE BACK OF SUCH EARLY MAIL BALLOTS SHALL BE PRINTED THE WORDS "OFFICIAL
BALLOT, EARLY MAIL VOTER".
5. A. THE BOARD OF REGISTRATION SHALL ENCLOSE EACH EARLY MAIL VOTER'S
BALLOT IN AN ENVELOPE WHICH SHALL BE LABELLED:
ELECTION MATERIAL
PLEASE EXPEDITE
ON ONE SIDE OF SUCH ENVELOPE SHALL BE PRINTED:
OFFICIAL BALLOT, EARLY MAIL VOTER
FOR
SCHOOL DISTRICT ELECTION
S. 7394 33
NAME OF VOTER ..............
RESIDENCE (STREET AND NUMBER, IF ANY) ......
CITY (OR TOWN) OF .............
COUNTY OF .................
SCHOOL DISTRICT ..............
SCHOOL ELECTION DISTRICT (IF APPLICABLE) ......
THE DATE OF THE ELECTION AND NAME OF THE SCHOOL DISTRICT SHALL BE
PRINTED, AND THE NAME OF THE VOTER, RESIDENCE, SCHOOL DISTRICT AND
SCHOOL ELECTION DISTRICT (IF APPLICABLE) SHALL BE WRITTEN IN BY THE
BOARD OF REGISTRATION.
B. ON THE REVERSE SIDE OF SUCH ENVELOPE SHALL BE PRINTED THE FOLLOWING
STATEMENT:
STATEMENT OF EARLY MAIL VOTER
I DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, AND WILL BE AT
LEAST EIGHTEEN YEARS OF AGE, ON THE DATE OF THE SCHOOL DISTRICT
ELECTION; THAT I WILL HAVE BEEN A RESIDENT OF THIS STATE AND OF THE
SCHOOL DISTRICT AND SCHOOL ELECTION DISTRICT, IF ANY, SHOWN ON THE
REVERSE SIDE OF THIS ENVELOPE FOR THIRTY DAYS NEXT PRECEDING THE SAID
ELECTION AND DULY REGISTERED IN THE SCHOOL DISTRICT AND SCHOOL ELECTION
DISTRICT, IF ANY, SHOWN ON THE REVERSE SIDE OF THIS ENVELOPE AND THAT I
AM OR ON SUCH DATE WILL BE, A QUALIFIED VOTER OF SAID SCHOOL DISTRICT;
THAT I HAVE NOT QUALIFIED, OR 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 SCHOOL DISTRICT
ELECTION, AND HAVE NOT MADE ANY PROMISE TO INFLUENCE THE GIVING OR WITH-
HOLDING OF ANY SUCH VOTES; THAT I HAVE NOT MADE OR BECOME DIRECTLY OR
INDIRECTLY INTERESTED IN ANY BET OR WAGER DEPENDING UPON THE RESULT OF
THIS SCHOOL 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 RELIEF FROM
DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE TWEN-
TY-THREE OF THE CORRECTION 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 EARLY MAIL 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 CLERK OF THE SCHOOL DISTRICT NOT LATER
THAN FIVE P.M. ON THE DAY OF THE ELECTION IN ORDER THAT THEIR VOTE MAY
BE CANVASSED.
D. A PERSON WHO SHALL MAKE ANY MATERIAL FALSE STATEMENT IN THE STATE-
MENT OF EARLY MAIL VOTER APPEARING ON THE REVERSE SIDE OF THE ENVELOPE
AS PROVIDED IN THIS SUBDIVISION, SHALL BE GUILTY OF A MISDEMEANOR.
6. THE BOARD OF REGISTRATION SHALL MAKE A LIST OF ALL PERSONS TO WHOM
EARLY MAIL VOTER'S BALLOTS SHALL HAVE BEEN ISSUED AND FILE SUCH LIST IN
THE OFFICE OF THE CLERK WHERE IT SHALL BE AVAILABLE FOR PUBLIC
INSPECTION DURING REGULAR OFFICE HOURS UNTIL THE DAY OF THE ELECTION.
S. 7394 34
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. A CHAL-
LENGE TO AN EARLY MAIL VOTER MAY NOT BE MADE ON THE BASIS THAT THE VOTER
SHOULD HAVE APPLIED FOR AN ABSENTEE BALLOT. SUCH WRITTEN CHALLENGE SHALL
BE TRANSMITTED BY THE CLERK TO THE INSPECTORS OF ELECTION ON ELECTION
DAY.
7. A. THE BOARD OF REGISTRATION SHALL BE AUTHORIZED TO CALL UPON THE
COMMISSIONER OF POLICE AND THE OFFICERS AND MEMBERS OF THE POLICE FORCE
FOR SUCH ASSISTANCE IN THE ENFORCEMENT OF THE PROVISIONS OF THIS SECTION
AS SUCH BOARD SHALL REQUIRE, AND SUCH COMMISSIONER AND OFFICERS AND
MEMBERS OF THE POLICE FORCE SHALL BE AUTHORIZED TO RENDER SUCH ASSIST-
ANCE.
B. THE BOARD OF REGISTRATION MAY REQUIRE ANY PERSON TO ATTEND BEFORE
IT AT THE OFFICE OF THE CLERK OF THE SCHOOL DISTRICT AND BE EXAMINED BY
THE BOARD AS TO ANY MATTER IN RELATION TO WHICH SUCH BOARD IS CHARGED
WITH A DUTY UNDER THIS SECTION, AND MAY ISSUE A SUBPOENA THEREFOR. EACH
MEMBER OF SUCH BOARD SHALL BE AUTHORIZED TO ADMINISTER ANY OATH THAT MAY
BE REQUIRED OR AUTHORIZED BY LAW IN THIS CONNECTION.
8. NO EARLY MAIL VOTER'S BALLOT SHALL BE CANVASSED, UNLESS IT SHALL
HAVE BEEN RECEIVED IN THE OFFICE OF THE CLERK OF THE SCHOOL DISTRICT NOT
LATER THAN FIVE P.M. ON THE DAY OF THE ELECTION.
9. THE CLERK OF THE DISTRICT SHALL, ON THE DAY OF THE ELECTION, TRANS-
MIT ALL EARLY MAIL VOTERS' ENVELOPES, RECEIVED BY THEM IN ACCORDANCE
WITH SUBDIVISION EIGHT OF THIS SECTION, TO THE INSPECTORS OF ELECTION.
10. IF, AT THE SCHOOL DISTRICT ELECTION, ANY EARLY MAIL VOTERS' ENVEL-
OPES SHALL HAVE BEEN RECEIVED AT THE POLLING PLACE, THE INSPECTORS OF
ELECTION IMMEDIATELY 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 CORRE-
SPOND, THE 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 SCHOOL DISTRICT ELECTION, OR IF THEIR NAME,
RESIDENCE 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 CLERK 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 INSPECTORS SHALL ENTER THE WORDS
"EARLY MAIL 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 THAT THE PERSON NAMED THEREON IS NOT A QUALI-
FIED VOTER OF THE SCHOOL DISTRICT, OR SCHOOL ELECTION DISTRICT (WHERE
APPLICABLE). AN INSPECTOR SHALL MAKE SUCH AN OBJECTION IF HE SHALL KNOW
OR SUSPECT THAT THE PERSON NAMED ON SUCH ENVELOPE IS NOT SUCH A QUALI-
FIED VOTER. THE INSPECTORS OF ELECTION SHALL FORTHWITH PROCEED TO DETER-
MINE EACH OBJECTION INCLUDING ANY WRITTEN CHALLENGE TRANSMITTED TO THEM
BY THE DISTRICT CLERK AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION.
UNLESS THE INSPECTORS, BY MAJORITY VOTE, SHALL SUSTAIN THE OBJECTION,
THE CHAIRMAN, OR IF HE REFUSES, ANOTHER INSPECTOR SHALL ENDORSE UPON THE
ENVELOPE THE OBJECTION AND THE WORDS "NOT SUSTAINED," SHALL SIGN SUCH
S. 7394 35
ENDORSEMENT, AND SHALL OPEN THE ENVELOPE AND DEPOSIT THE BALLOT AS
PROVIDED IN THIS SECTION. SHOULD THE 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 CLERK OF THE DISTRICT. IF THE INSPECTORS OF ELECTION
SHALL HAVE RECEIVED AN ENVELOPE ENDORSED WITH THE NAME OF A PERSON WHO
TO THE KNOWLEDGE OF THE INSPECTORS IS DECEASED ON THE DAY OF THE
ELECTION, THE INSPECTORS SHALL RETURN SUCH ENVELOPE UNOPENED TO THE
CLERK OF THE DISTRICT WITH THE WORDS "DECEASED--OBJECTION SUSTAINED"
ENDORSED ON THE ENVELOPE.
12. IF THE INSPECTORS OF ELECTION SHALL HAVE RECEIVED AN ENVELOPE, AND
UPON OPENING THE SAME NO BALLOT SHALL BE FOUND THEREIN, THE INSPECTORS
SHALL MAKE A MEMORANDUM SHOWING THAT THE BALLOT IS MISSING. WHEN THE
CASTING OF EARLY MAIL VOTERS' BALLOTS SHALL HAVE BEEN COMPLETED, THE
INSPECTORS SHALL ASCERTAIN THE NUMBER OF SUCH BALLOTS WHICH HAVE BEEN
DEPOSITED IN THE BALLOT BOX BY DEDUCTING FROM THE NUMBER OF ENVELOPES
OPENED THE NUMBER OF MISSING BALLOTS, AND SHALL MAKE A SEPARATE RETURN
THEREOF IN DUPLICATE. THE NUMBER OF EARLY MAIL VOTERS' BALLOTS DEPOSITED
IN THE BALLOT BOX SHALL BE ADDED TO THE NUMBER OF OTHER BALLOTS DEPOSIT-
ED 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 INSPECTORS OF ELECTION ALONG WITH THE OTHER BALLOTS
CAST AT SUCH SCHOOL DISTRICT ELECTION, OR, WHERE VOTING MACHINES ARE
USED, SHALL BE ADDED TO THE VOTES RECORDED ON SUCH MACHINES.
13. WHERE THE DISTRICT SHALL HAVE BEEN DIVIDED INTO SCHOOL ELECTION
DISTRICTS PURSUANT TO THE PROVISIONS OF THIS CHAPTER, THE PROVISIONS OF
THIS SECTION SHALL BE APPLICABLE, PROVIDED THAT ANY REFERENCE IN THIS
SECTION TO THE TERM "BOARD OF REGISTRATION" SHALL IN SUCH CASE REFER TO
THE BOARD OF REGISTRATION APPOINTED BY THE BOARD OF EDUCATION FOR EACH
SCHOOL ELECTION DISTRICT, EXCEPT THAT PARAGRAPH B OF SUBDIVISION SEVEN
OF THIS SECTION SHALL APPLY ACCORDING TO ITS TERMS.
§ 48. The education law is amended by adding a new section 2018-f to
read as follows:
§ 2018-F. EARLY MAIL BALLOTS FOR SCHOOL DISTRICT ELECTIONS BY POLL
REGISTRATION. 1. NOTWITHSTANDING THE PROVISIONS OF SECTIONS TWO THOUSAND
FOURTEEN AND TWO THOUSAND EIGHTEEN-E OF THIS PART, THE TRUSTEES OR THE
BOARD OF EDUCATION OF ANY COMMON, UNION FREE, CENTRAL OR CENTRAL HIGH
SCHOOL DISTRICT WHICH DOES NOT PROVIDE FOR THE PERSONAL REGISTRATION OF
VOTERS FOR SCHOOL DISTRICT MEETINGS AND ELECTIONS BUT WHICH ELECTS TRUS-
TEES OR SCHOOL BOARD MEMBERS BY BALLOT, SHALL PROVIDE FOR EARLY MAIL
BALLOTS FOR THE ELECTION OF THE TRUSTEES OR MEMBERS OF THE BOARD AND
SCHOOL DISTRICT PUBLIC LIBRARY TRUSTEES, THE ADOPTION OF THE ANNUAL
BUDGET AND SCHOOL DISTRICT PUBLIC LIBRARY BUDGET AND REFERENDA.
1-A. NOTWITHSTANDING THE PROVISIONS OF SECTIONS TWO THOUSAND FOURTEEN
AND TWO THOUSAND EIGHTEEN-E OF THIS PART, IN ANY COUNTY WITH A POPU-
LATION OF ONE MILLION OR MORE, THE TRUSTEES OR THE BOARD OF EDUCATION OF
ANY COMMON, UNION FREE, CENTRAL OR CENTRAL HIGH SCHOOL DISTRICT WHICH
DOES NOT PROVIDE FOR THE PERSONAL REGISTRATION OF VOTERS FOR SCHOOL
DISTRICT MEETINGS AND ELECTIONS BUT WHICH ELECTS TRUSTEES OR SCHOOL
BOARD MEMBERS BY BALLOT SHALL PROVIDE FOR EARLY MAIL BALLOTS FOR THE
ELECTION OF THE TRUSTEES OR MEMBERS OF THE BOARD AND SCHOOL DISTRICT
PUBLIC LIBRARY TRUSTEES, THE ADOPTION OF THE ANNUAL BUDGET AND SCHOOL
DISTRICT PUBLIC LIBRARY BUDGET AND REFERENDA.
2. A. AN APPLICANT FOR SUCH AN EARLY MAIL BALLOT SHALL SUBMIT AN
APPLICATION SETTING FORTH (1) THEIR NAME AND RESIDENCE ADDRESS, INCLUD-
S. 7394 36
ING THE STREET AND NUMBER, IF ANY, OR TOWN AND RURAL DELIVERY ROUTE, IF
ANY; (2) THAT THEY ARE OR WILL BE, ON THE DAY OF THE SCHOOL DISTRICT
ELECTION, A QUALIFIED VOTER OF THE SCHOOL 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. SUCH APPLICATION MUST
BE RECEIVED BY THE DISTRICT CLERK OR DESIGNEE OF THE TRUSTEES OR SCHOOL
BOARD 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.
B. 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 EARLY MAIL
BALLOT, I SHALL BE GUILTY OF A MISDEMEANOR.
DATE ................... SIGNATURE OF VOTER ............................
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 CLERK OF THE SCHOOL DISTRICT OR DESIGNEE OF THE TRUSTEES OR
SCHOOL BOARD SHALL BE SATISFIED THAT THE APPLICANT IS A QUALIFIED VOTER
OF THE DISTRICT, AND ENTITLED TO VOTE BY EARLY MAIL BALLOT, SUCH CLERK
OF THE SCHOOL DISTRICT OR DESIGNEE OF THE TRUSTEES OR SCHOOL BOARD SHALL
CAUSE TO BE ISSUED OR MAILED TO THE APPLICANT AN EARLY MAIL VOTER'S
BALLOT AND THE CLERK OF THE SCHOOL DISTRICT OR DESIGNEE OF THE TRUSTEES
OR SCHOOL BOARD SHALL MAKE AN APPROPRIATE ENTRY ON THE POLL LIST PURSU-
ANT TO SECTION TWO THOUSAND TWENTY-NINE OF THIS PART.
4. THE CLERK OF THE SCHOOL DISTRICT OR A DESIGNEE OF THE TRUSTEES OR
SCHOOL BOARD SHALL ALSO MAIL AN EARLY MAIL BALLOT TO EVERY QUALIFIED
VOTER OTHERWISE ELIGIBLE FOR SUCH BALLOT, WHO REQUESTS AN EARLY MAIL
BALLOT FROM SUCH CLERK OR TRUSTEES OR SCHOOL BOARD DESIGNEE IN A LETTER
WHICH IS SIGNED BY THE VOTER AND RECEIVED BY THE CLERK OR TRUSTEES OR
SCHOOL BOARD DESIGNEE NOT EARLIER THAN THE THIRTIETH DAY NOR LATER THAN
THE SEVENTH DAY BEFORE THE ELECTION FOR WHICH THE BALLOT IS FIRST
REQUESTED AND WHICH STATES THE ADDRESS WHERE THE VOTER RESIDES AND TO
WHICH THE BALLOT IS TO BE MAILED. THE CLERK OR DESIGNEE OF THE TRUSTEES
OR SCHOOL BOARD SHALL ENCLOSE WITH SUCH BALLOT A FORM OF APPLICATION FOR
EARLY MAIL BALLOT. THE EARLY MAIL BALLOT OF A VOTER WHO REQUESTED SUCH
BALLOT BY LETTER, RATHER THAN APPLICATION, SHALL NOT BE COUNTED UNLESS A
VALID APPLICATION FORM, SIGNED BY SUCH VOTER, IS RECEIVED BY THE CLERK
OF THE SCHOOL DISTRICT OR DESIGNEE OF THE TRUSTEES OR SCHOOL BOARD WITH
SUCH BALLOT.
5. BALLOTS FOR EARLY MAIL 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 EARLY MAIL BALLOT SHALL
CONFORM TO THE REGULAR BALLOT; IF THE VOTE OF SUCH ELECTION SHALL BE BY
VOTING MACHINE, THE EARLY MAIL BALLOT SHALL CONFORM AS CLOSELY AS POSSI-
BLE TO THE MANNER IN WHICH THE NAMES OF THE CANDIDATES, THE QUESTIONS
AND THE PROPOSITIONS APPEAR ON THE VOTING MACHINES, EXCEPT THAT THE
EARLY MAIL BALLOT SHALL ALSO CONTAIN A SPACE FOR A WRITE-IN OR WRITE-
INS. ON THE BACK OF SUCH EARLY MAIL BALLOTS SHALL BE PRINTED WORDS
"OFFICIAL BALLOT, EARLY MAIL VOTER".
6. A. THE CLERK OF THE SCHOOL DISTRICT OR DESIGNEE OF THE TRUSTEES OR
SCHOOL BOARD SHALL ENCLOSE EACH EARLY MAIL VOTER'S BALLOT IN AN ENVELOPE
WHICH SHALL BE LABELLED:
S. 7394 37
ELECTION MATERIAL
PLEASE EXPEDITE
ON ONE SIDE OF SUCH ENVELOPE SHALL BE PRINTED:
OFFICIAL BALLOT, EARLY MAIL VOTER
FOR
SCHOOL DISTRICT ELECTION
NAME OF VOTER ............
RESIDENCE (STREET AND NUMBER, IF ANY) ...............
CITY (OR TOWN) OF .....................
COUNTY OF ....................
SCHOOL DISTRICT ...................
SCHOOL ELECTION DISTRICT (IF APPLICABLE) ................
THE DATE OF THE ELECTION AND NAME OF THE SCHOOL DISTRICT SHALL BE
PRINTED, AND THE NAME OF THE VOTER, RESIDENCE, SCHOOL DISTRICT AND
SCHOOL ELECTION DISTRICT (IF APPLICABLE) SHALL BE INCLUDED.
B. ON THE REVERSE SIDE OF SUCH ENVELOPE SHALL BE PRINTED THE FOLLOWING
STATEMENT:
STATEMENT OF EARLY MAIL VOTER
I DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, AND WILL BE AT
LEAST EIGHTEEN YEARS OF AGE ON THE DATE OF THE SCHOOL DISTRICT ELECTION;
THAT I WILL HAVE BEEN A RESIDENT OF THIS STATE AND OF THE SCHOOL
DISTRICT AND SCHOOL ELECTION 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 QUALIFIED VOTER OF SAID SCHOOL
DISTRICT; THAT I HAVE NOT QUALIFIED, OR 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
SCHOOL 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
DIRECTLY OR INDIRECTLY INTERESTED IN ANY BET OR WAGER DEPENDING UPON THE
RESULT OF THIS SCHOOL 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 HAVE RECEIVED A CERTIFICATE
OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO
ARTICLE TWENTY-THREE OF THE CORRECTION LAW REMOVING MY DISABILITY 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 EARLY MAIL 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 CLERK OF THE SCHOOL DISTRICT OR DESIG-
NEE OF THE TRUSTEES OR SCHOOL BOARD NOT LATER THAN FIVE P.M. ON THE DAY
OF THE ELECTION IN ORDER THAT THEIR VOTE MAY BE CANVASSED.
S. 7394 38
D. A PERSON WHO SHALL MAKE ANY MATERIAL FALSE STATEMENT IN THE STATE-
MENT OF THE EARLY MAIL VOTER APPEARING ON THE REVERSE SIDE OF THE ENVEL-
OPE AS PROVIDED IN THIS SUBDIVISION, SHALL BE GUILTY OF A MISDEMEANOR.
7. THE CLERK OF THE SCHOOL DISTRICT OR DESIGNEE OF THE TRUSTEES OR
SCHOOL BOARD SHALL MAKE A LIST OF ALL PERSONS TO WHOM EARLY MAIL VOTER'S
BALLOTS SHALL HAVE BEEN ISSUED AND MAINTAIN SUCH LIST 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. A CHALLENGE TO AN EARLY MAIL BALLOT MAY NOT BE MADE ON THE
BASIS THAT THE VOTER SHOULD HAVE APPLIED FOR AN ABSENTEE BALLOT. SUCH
WRITTEN CHALLENGE SHALL BE TRANSMITTED BY THE CLERK OR THE DESIGNEE OF
THE TRUSTEES OR SCHOOL BOARD TO THE INSPECTORS OF ELECTION ON ELECTION
DAY.
8. A. THE CLERK OF THE SCHOOL DISTRICT OR DESIGNEE OF THE TRUSTEES OR
SCHOOL BOARD SHALL BE AUTHORIZED TO CALL UPON THE COMMISSIONER OF POLICE
AND THE OFFICERS AND MEMBERS OF THE POLICE FORCE FOR SUCH ASSISTANCE IN
THE ENFORCEMENT OF THE PROVISIONS OF THIS SECTION AS SUCH TRUSTEES OR
BOARD SHALL REQUIRE, AND SUCH COMMISSIONER AND OFFICERS AND MEMBERS OF
THE POLICE FORCE SHALL BE AUTHORIZED TO RENDER SUCH ASSISTANCE.
B. THE CLERK OF THE SCHOOL DISTRICT OR DESIGNEE OF THE TRUSTEES OR
SCHOOL BOARD MAY REQUIRE ANY PERSON TO ATTEND BEFORE IT AT THE OFFICE OF
THE CLERK OF THE SCHOOL DISTRICT OR THE OFFICE OF THE DESIGNEE OF THE
TRUSTEES OR SCHOOL BOARD AND BE EXAMINED BY THE TRUSTEES OR BOARD AS TO
ANY MATTER IN RELATION TO WHICH SUCH TRUSTEES OR BOARD IS CHARGED WITH A
DUTY UNDER THIS SECTION, AND MAY ISSUE A SUBPOENA THEREFOR. EACH MEMBER
OF SUCH TRUSTEES OR BOARD SHALL BE AUTHORIZED TO ADMINISTER ANY OATH
THAT MAY BE REQUIRED OR AUTHORIZED BY LAW IN THIS CONNECTION.
9. NO EARLY MAIL VOTER'S BALLOT SHALL BE CANVASSED, UNLESS IT SHALL
HAVE BEEN RECEIVED IN THE OFFICE OF THE CLERK OF THE SCHOOL DISTRICT OR
DESIGNEE OF THE TRUSTEES OR SCHOOL BOARD NOT LATER THAN FIVE P.M. ON THE
DAY OF THE ELECTION.
10. THE CLERK OF THE DISTRICT OR DESIGNEE OF THE TRUSTEES OR SCHOOL
BOARD SHALL, ON THE DAY OF THE ELECTION, TRANSMIT ALL EARLY MAIL VOTERS'
ENVELOPES, RECEIVED BY HIM IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS
SECTION, TO THE INSPECTORS OF ELECTION.
11. IF A PERSON WHOSE NAME IS ON AN ENVELOPE AS A VOTER SHALL HAVE
ALREADY VOTED IN PERSON AT SUCH SCHOOL DISTRICT ELECTION, OR IF THERE IS
NO SIGNATURE ON THE ENVELOPE, THIS ENVELOPE SHALL BE LAID ASIDE UNOPENED
AND BE RETURNED UNOPENED TO THE CLERK OF THE DISTRICT OR DESIGNEE OF THE
TRUSTEES OR SCHOOL BOARD. IF SUCH PERSON 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.
12. IF THE INSPECTORS OF ELECTION SHALL HAVE RECEIVED AN ENVELOPE, AND
UPON OPENING THE SAME NO BALLOT SHALL BE FOUND THEREIN, THE INSPECTORS
SHALL MAKE A MEMORANDUM SHOWING THAT THE BALLOT IS MISSING. WHEN THE
CASTING OF EARLY MAIL VOTERS' BALLOTS SHALL HAVE BEEN COMPLETED, THE
INSPECTORS SHALL ASCERTAIN THE NUMBER OF SUCH BALLOTS WHICH HAVE BEEN
DEPOSITED IN THE BALLOT BOX BY DEDUCTING FROM THE NUMBER OF ENVELOPES
OPENED THE NUMBER OF MISSING BALLOTS, AND SHALL MAKE A SEPARATE RETURN
THEREOF IN DUPLICATE. THE NUMBER OF EARLY MAIL VOTERS' BALLOTS DEPOSITED
IN THE BALLOT BOX SHALL BE ADDED TO THE NUMBER OF OTHER BALLOTS TO BE
ACCOUNTED FOR IN THE BALLOT BOX. SUCH BALLOTS SHALL THEN BE COUNTED OR
CANVASSED BY THE INSPECTORS OF ELECTION ALONG WITH THE OTHER BALLOTS
S. 7394 39
CAST AT SUCH SCHOOL DISTRICT ELECTION, OR, WHERE VOTING MACHINES ARE
USED, SHALL BE ADDED TO THE VOTES RECORDED ON SUCH MACHINES.
§ 49. Section 2613 of the education law, as amended by chapter 489 of
the laws of 2019, is amended to read as follows:
§ 2613. Absentee, EARLY MAIL, and military ballots. The board of
education of each city school district to which this article applies
shall provide for absentee ballots in accordance with the provisions of
section two thousand eighteen-a of this title, EARLY MAIL BALLOTS IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND EIGHTEEN-E OF
THIS TITLE, and military ballots in accordance with section two thousand
eighteen-d of this title.
§ 50. Subdivision 5 of section 84 of the town law, as amended by chap-
ter 281 of the laws of 1998, is amended to read as follows:
5. In order to assist boards of registration in the preparation of
their registers, the town clerk, prior to the first meeting of such
boards of registration, shall obtain from the board of elections of the
county in which such town is located, the list of names and addresses of
all voters registered with such board of elections on or before the
twenty-third day before such special election. The town clerk shall
deliver the names and addresses of qualified voters to the appropriate
board or boards of registration on or before the first meeting of such
board or boards. At the first and subsequent meetings of the board of
registration for each voting place designated by the town board for such
special town election, such board of registration shall place on the
register described in subdivision four hereof the names of all qualified
voters and all other qualified voters who personally appear, THOSE
VOTERS WHO HAVE MADE APPLICATION FOR EARLY MAIL BALLOTS, and those mili-
tary voters and such other voters who are absent by reason of confining
illness or physical disability or whose duties, occupation or business
required them to be outside of the state of New York, having the quali-
fications of voters prescribed in this section and who have made appli-
cation for absentee ballots as certified to them by the town clerk.
§ 51. Subdivision 2 of section 84-a of the town law is amended by
adding a new paragraph a-1 to read as follows:
A-1. PROVIDED THAT, IF THE APPLICANT DOES NOT PROVIDE A REASON THAT
THE APPLICANT IS ENTITLED TO AN ABSENTEE BALLOT AS REQUIRED BY PARAGRAPH
A OF THIS SUBDIVISION, THE APPLICATION SHALL BE PROCESSED AS AN APPLICA-
TION FOR AN EARLY MAIL BALLOT PURSUANT TO SECTION EIGHT-FOUR-B OF THIS
ARTICLE.
§ 52. Subdivision 3 and paragraph a of subdivision 6 of section 84-a
of the town law, as added by chapter 396 of the laws of 1988, are
amended to read as follows:
3. If, upon examining the application required under the provisions
of subdivision two of this section, and upon such inquiry as it deems
proper, the board of inspectors shall be satisfied that the applicant is
a qualified voter of the town, and entitled to vote by absentee ballot,
such board of inspectors shall place his name upon a list, thereupon the
applicant shall be issued or mailed an absentee voter's ballot and the
town clerk shall make an appropriate entry on the list indicating that
an absentee ballot has been applied for by, and issued to, the appli-
cant. PROVIDED THAT, AN APPLICATION FOR AN ABSENTEE BALLOT THAT DOES NOT
PROVIDE A REASON THAT THE APPLICANT IS ENTITLED TO SUCH A BALLOT SHALL
BE PROCESSED AS AN APPLICATION FOR AN EARLY MAIL BALLOT PURSUANT TO
PARAGRAPH A-1 OF SUBDIVISION TWO OF THIS SECTION AND SECTION EIGHTY-
FOUR-B OF THIS ARTICLE.
S. 7394 40
a. The town clerk shall make a list of all persons to whom absentee
voter's ballots shall have been issued and keep such list on file in his
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 quali-
fications as a voter of any person whose name appears on such list,
stating the reasons for such challenge. A CHALLENGE TO AN ABSENTEE
BALLOT MAY NOT BE MADE ON THE BASIS THAT THE VOTER SHOULD HAVE APPLIED
FOR AN EARLY MAIL BALLOT. Such written challenge shall be transmitted by
the town clerk to the inspectors of election on election day.
§ 53. The town law is amended by adding a new section 84-b to read as
follows:
§ 84-B. EARLY MAIL BALLOTS FOR SPECIAL TOWN ELECTIONS; SPECIAL
PROVISIONS. 1. EARLY MAIL BALLOTS SHALL BE PROVIDED FOR ALL SPECIAL TOWN
ELECTIONS FOR WHICH PERSONAL REGISTRATION IS REQUIRED.
2. A. AN APPLICANT FOR SUCH AN EARLY MAIL BALLOT SHALL SUBMIT AN
APPLICATION SETTING FORTH (1) THEIR NAME AND RESIDENCE ADDRESS, INCLUD-
ING THE STREET AND NUMBER, IF ANY, OR TOWN AND RURAL DELIVERY ROUTE, IF
ANY; (2) THAT THEY ARE OR WILL BE, ON THE DAY OF THE ELECTION, A QUALI-
FIED VOTER OF THE TOWN IN WHICH THEY RESIDE; AND (3) THAT THEY ARE
REGISTERED IN THE TOWN. SUCH APPLICATION MUST BE RECEIVED BY THE TOWN
CLERK 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 THEIR AGENT.
B. 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 EARLY MAIL
BALLOTS, I SHALL BE GUILTY OF A MISDEMEANOR.
DATE ............... SIGNATURE OF VOTER ................................
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 BOARD OF INSPECTORS SHALL BE SATISFIED THAT THE APPLICANT IS A
QUALIFIED VOTER OF THE TOWN, AND ENTITLED TO VOTE BY EARLY MAIL BALLOT,
SUCH BOARD OF INSPECTORS SHALL PLACE THEIR NAME UPON A LIST, THEREUPON
THE APPLICANT SHALL BE ISSUED OR MAILED AN EARLY MAIL BALLOT AND THE
TOWN CLERK SHALL MAKE AN APPROPRIATE ENTRY ON THE LIST INDICATING THAT
AN EARLY MAIL BALLOT HAS BEEN APPLIED FOR BY, AND ISSUED TO, THE APPLI-
CANT.
4. BALLOTS FOR EARLY MAIL VOTERS SHALL BE, AS NEARLY AS PRACTICABLE,
IN THE SAME FORM AS THOSE TO BE VOTED AT THE TOWN ELECTION. ON THE BACK
OF SUCH EARLY MAIL BALLOTS SHALL BE PRINTED THE WORDS "OFFICIAL BALLOT,
EARLY MAIL VOTER".
5. A. THE BOARD OF REGISTRATION SHALL ENCLOSE EACH EARLY MAIL VOTER'S
BALLOT IN AN ENVELOPE WHICH SHALL BE LABELLED:
ELECTION MATERIAL
PLEASE EXPEDITE
ON ONE SIDE OF SUCH ENVELOPE SHALL BE PRINTED:
OFFICIAL BALLOT, EARLY MAIL VOTER
FOR
SPECIAL TOWN ELECTION
NAME OF VOTER ................
RESIDENCE (STREET AND NUMBER, IF ANY) .......
TOWN OF ....................
S. 7394 41
COUNTY OF ...................
THE DATE OF THE ELECTION AND NAME OF THE TOWN SHALL BE PRINTED, AND
THE NAME OF THE VOTER, RESIDENCE AND DISTRICT SHALL BE WRITTEN IN BY THE
TOWN CLERK.
B. ON THE REVERSE SIDE OF SUCH ENVELOPE SHALL BE PRINTED THE FOLLOWING
STATEMENT:
STATEMENT OF EARLY MAIL 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 SPECIAL TOWN ELECTION; THAT I WILL HAVE BEEN A RESIDENT OF THIS
STATE AND OF THE TOWN SHOWN ON THE REVERSE SIDE OF THIS ENVELOPE FOR
THIRTY DAYS NEXT PRECEDING THE SAID ELECTION; THAT I AM OR ON SUCH DATE
WILL BE, A REGISTERED VOTER OF SAID TOWN; THAT I HAVE NOT QUALIFIED, OR
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 SPECIAL TOWN ELECTION, AND HAVE NOT MADE
ANY PROMISE TO INFLUENCE THE GIVING OR WITHHOLDING OF ANY SUCH VOTES;
THAT I HAVE NOT MADE OR BECOME DIRECTLY OR INDIRECTLY INTERESTED IN ANY
BET OR WAGER DEPENDING UPON THE RESULT OF THIS SPECIAL TOWN 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 RELIEF FROM DISABILITIES OR A CERTIFICATE OF
GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION 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 EARLY MAIL 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 TOWN CLERK NOT LATER THAN FIVE P.M. ON
THE DAY OF THE ELECTION IN ORDER THAT THEIR VOTE MAY BE CANVASSED.
D. A PERSON WHO SHALL MAKE ANY MATERIAL FALSE STATEMENT IN THE STATE-
MENT OF EARLY MAIL VOTER APPEARING ON THE REVERSE SIDE OF THE ENVELOPE
AS PROVIDED IN THIS SUBDIVISION, SHALL BE GUILTY OF A MISDEMEANOR.
6. A. THE TOWN CLERK SHALL MAKE A LIST OF ALL PERSONS TO WHOM EARLY
MAIL VOTER'S BALLOTS SHALL HAVE BEEN ISSUED AND KEEP SUCH LIST ON FILE
IN THEIR 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. A CHALLENGE TO AN EARLY MAIL
BALLOT MAY NOT BE MADE ON THE BASIS THAT THE VOTER SHOULD HAVE APPLIED
FOR AN ABSENTEE BALLOT. SUCH WRITTEN CHALLENGE SHALL BE TRANSMITTED BY
THE TOWN CLERK 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 EARLY MAIL VOTER'S BALLOT OF ANY PERSON ON SUCH LIST, BY
S. 7394 42
MAKING THEIR CHALLENGE AND THE REASONS THEREFOR KNOWN TO THE INSPECTORS
OF ELECTION BEFORE THE CLOSE OF THE POLLS.
7. A. THE TOWN CLERK SHALL BE AUTHORIZED TO CALL UPON THE COMMISSIONER
OF POLICE AND THE OFFICERS AND MEMBERS OF THE POLICE FORCE FOR SUCH
ASSISTANCE IN THE ENFORCEMENT OF THE PROVISIONS OF THIS SECTION AS HE
SHALL REQUIRE, AND SUCH COMMISSIONER AND OFFICERS AND MEMBERS OF THE
POLICE FORCE SHALL BE AUTHORIZED TO RENDER SUCH ASSISTANCE.
B. THE BOARD OF INSPECTORS MAY REQUIRE ANY PERSON TO ATTEND BEFORE IT
AT THE OFFICE OF THE TOWN CLERK OF THE DISTRICT AND BE EXAMINED AS TO
ANY MATTER IN RELATION TO WHICH SUCH BOARD IS CHARGED WITH A DUTY UNDER
THIS SECTION, AND MAY ISSUE A SUBPOENA THEREFOR. EACH MEMBER OF SUCH
BOARD OF INSPECTORS DISTRICT SHALL BE AUTHORIZED TO ADMINISTER ANY OATH
THAT MAY BE REQUIRED OR AUTHORIZED BY LAW IN THIS CONNECTION.
8. NO EARLY MAIL VOTER'S BALLOT SHALL BE CANVASSED, UNLESS IT SHALL
HAVE BEEN RECEIVED IN THE OFFICE OF THE TOWN CLERK NOT LATER THAN FIVE
P.M. ON THE DAY OF THE ELECTION.
9. THE TOWN CLERK SHALL, ON THE DAY OF THE ELECTION, TRANSMIT ALL
EARLY MAIL VOTERS' ENVELOPES, RECEIVED BY HIM IN ACCORDANCE WITH SUBDI-
VISION EIGHT OF THIS SECTION, TO THE INSPECTORS OF ELECTION.
10. IF, AT THE ELECTION, ANY EARLY MAIL VOTERS' ENVELOPES SHALL HAVE
BEEN RECEIVED AT THE POLLING PLACE, THE INSPECTORS OF ELECTION 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 INSPEC-
TORS 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 SPECIAL TOWN ELECTION, OR IF THEIR NAME, RESIDENCE 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 TOWN CLERK. 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
INSPECTORS SHALL ENTER THE WORDS "EARLY MAIL 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 THAT THE PERSON NAMED THEREON IS NOT A QUALI-
FIED VOTER OF THE TOWN. AN INSPECTOR SHALL MAKE SUCH AN OBJECTION IF HE
SHALL KNOW OR SUSPECT THAT THE PERSON NAMED ON SUCH ENVELOPE IS NOT SUCH
A QUALIFIED VOTER. THE ELECTION INSPECTORS SHALL FORTHWITH PROCEED TO
DETERMINE EACH OBJECTION INCLUDING ANY WRITTEN CHALLENGE TRANSMITTED TO
THEM BY THE TOWN CLERK AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION.
UNLESS THE INSPECTORS, BY MAJORITY VOTE, SHALL SUSTAIN THE OBJECTION,
THE CHAIRMAN, OR IF HE REFUSES, ANOTHER 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 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 TOWN CLERK. IF THE INSPECTORS OF ELECTION SHALL HAVE
RECEIVED AN ENVELOPE ENDORSED WITH THE NAME OF A PERSON WHO TO THE KNOW-
S. 7394 43
LEDGE OF THE INSPECTORS IS DECEASED ON THE DAY OF THE ELECTION, THE
INSPECTORS SHALL RETURN SUCH ENVELOPE UNOPENED TO THE TOWN CLERK WITH
THE WORDS "DECEASED--OBJECTION SUSTAINED" ENDORSED ON THE ENVELOPE.
12. IF THE INSPECTORS OF ELECTION SHALL HAVE RECEIVED AN ENVELOPE, AND
UPON OPENING THE SAME NO BALLOT SHALL BE FOUND THEREIN, THE INSPECTORS
SHALL MAKE A MEMORANDUM SHOWING THAT THE BALLOT IS MISSING. WHEN THE
CASTING OF EARLY MAIL VOTERS' BALLOTS SHALL HAVE BEEN COMPLETED, THE
INSPECTORS SHALL ASCERTAIN THE NUMBER OF SUCH BALLOTS WHICH HAVE BEEN
DEPOSITED IN THE BALLOT BOX BY DEDUCTING FROM THE NUMBER OF ENVELOPES
OPENED THE NUMBER OF MISSING BALLOTS, AND SHALL MAKE A SEPARATE RETURN
THEREOF IN DUPLICATE. THE NUMBER OF EARLY MAIL VOTERS' BALLOTS DEPOSITED
IN THE BALLOT BOX SHALL BE ADDED TO THE NUMBER OF OTHER BALLOTS DEPOSIT-
ED 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 INSPECTORS OF ELECTION 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 EARLY MAIL BALLOTS
IN SPECIAL TOWN ELECTIONS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
THE PROVISIONS OF ANY OTHER LAW AS THEY RELATE TO SPECIAL TOWN ELECTIONS
NOT INCONSISTENT HEREWITH SHALL APPLY TO THE CONDUCT OF SUCH ELECTIONS.
§ 54. Paragraph 1 of subdivision a of section 1053 of the New York
city charter, as amended by local law number 48 of the city of New York
for the year 2022, is amended to read as follows:
1. material explaining the date and hours during which the polls will
be open for that election; when, where, and how to register to vote;
when an eligible voter is required to reregister; when, where, and how
EARLY MAIL AND absentee ballots are obtained and used; instructions on
how to vote; information on the political subdivisions applicable to a
particular voter's address; and any other general information on voting
deemed by the board to be necessary or useful to the electorate or
otherwise consistent with the goals of this charter;
§ 55. Paragraph 8 of subdivision b of section 1054 of the New York
city charter, as added by local law number 6 of the city of New York for
the year 2019, is amended to read as follows:
8. conduct yearly trainings for all relevant staff of the department
of correction. Such training shall include, at minimum, information on
voting laws for currently and formerly incarcerated individuals in the
state of New York, voter registration procedures, EARLY MAIL AND absen-
tee voting, and determining eligibility to vote.
§ 56. Subdivision 9 of section 1057-a of the New York city charter, as
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
9. In addition to the other requirements of this section, the depart-
ment of correction shall implement and administer a program of distrib-
ution and submission of EARLY MAIL AND absentee ballot applications, and
subsequently received EARLY MAIL OR absentee ballots, for eligible
incarcerated individuals. Such department shall offer, to all incarcer-
ated individuals who are registered to vote, EARLY MAIL AND absentee
ballot applications, and a means to complete them, during the period
from sixty days prior to any primary, special, or general election in
the city of New York until two weeks prior to any such election. Such
department shall subsequently provide any EARLY MAIL OR absentee ballot
received from the board of elections in response to any such application
to the applicable incarcerated individual, as well as a means to
complete it. Such department shall provide assistance to any such incar-
S. 7394 44
cerated individual in filling out such application or ballot upon
request. Such department shall, not later than five days after receipt,
transmit such completed applications and ballots from any incarcerated
individual who wishes to have them transmitted to the board of elections
for the city of New York. The provisions of this subdivision shall not
apply in any specific instance in which the department deems it unsafe
to comply therewith.
§ 57. Paragraph 3 of subdivision a of section 1057-d of the New York
city charter, as added by local law number 64 of the city of New York
for the year 2016, is amended to read as follows:
(3) notification of the deadline for submission of [a] AN EARLY MAIL
VOTING APPLICATION OR A mailed absentee voting application for such
election, sent ten business days prior to such deadline; and
§ 58. Subdivision a of section 1057-e of the New York city charter, as
added by local law number 65 of the city of New York for the year 2016,
is amended to read as follows:
a. allowing any registered voter who has submitted an application for
an EARLY MAIL OR absentee ballot, or who otherwise has a right to
receive an EARLY MAIL OR absentee ballot, for an upcoming election
pursuant to the election law to view the current status of their EARLY
MAIL OR absentee application and EARLY MAIL OR absentee ballot. Such
website and mobile application shall indicate for each such voter wheth-
er the board of elections in the city of New York has:
(1) received such voter's request for an EARLY MAIL OR absentee
ballot, if applicable;
(2) approved or rejected such request, if applicable, and, if
rejected, a brief statement of the reason for rejection;
(3) mailed or delivered an EARLY MAIL OR absentee ballot to such voter
for such upcoming election, and shall include the ability for such voter
to see the status of a mailed EARLY MAIL OR absentee ballot by United
States postal service intelligent mail barcode or successor technology;
(4) received such voter's completed EARLY MAIL OR absentee ballot for
such upcoming election; and
(5) determined that such voter's completed EARLY MAIL OR absentee
ballot was invalid, and, if such a finding was made, a brief statement
of the reason.
§ 59. The last undesignated paragraph of subparagraph (a) of paragraph
3 of subdivision d of section 1057-g of the New York city charter, as
amended by local law number 3 of the city of New York for the year 2023,
is amended to read as follows:
You have a right to a replacement ballot. If you make a mistake, or
want to change your vote, (insert "ask a poll worker for a new ballot"
or, for EARLY MAIL OR absentee ballots, "call the board of elections at
(insert phone number here) for instructions on how to obtain a new
ballot").
§ 60. This act shall take effect January 1, 2025 and shall apply to
any general, primary, run-off primary, or special election held there-
after.
