N.Y. Election Law Section 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 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 application 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 application, 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 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 qualified 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.

Source: Section 15-119 — Early mail voting at village elections, https://www.­nysenate.­gov/legislation/laws/ELN/15-119 (updated Jan. 5, 2024; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Jan. 5, 2024

§ 15-119’s source at nysenate​.gov

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