New York Election Law
Absentee Voting at Village Elections for Persons Unable to Appear Because of Illness or Physical Disability
§ 15-122. Absentee voting at village elections for persons unable to appear because of illness or physical disability.
1. A qualified elector of a village, who, on the occurrence of any general or special village election, may be within the county of his residence but unable to appear personally at the polling place in the village of his residence because of illness, physical disability or confinement either at home or in a hospital or institution, other than a mental institution may vote as an absentee voter under this section.
2. Any elector of a village to whom this section may apply shall make application to the village clerk for an absentee ballot. Such application shall set forth the name and village address of the applicant, that he is a qualified voter of the village or election district if any, and that he was advised by his physician, medical superintendent, administrative head of hospital or institution, or Christian Science Practitioner that he will be unable to appear personally at the polling place within the village because of the reasons set forth in subdivision one. Such statement shall be accepted for all purposes as the equivalent of an affidavit, and if false shall subject the applicant to the same penalties as if he had been duly sworn. Such provision shall be printed in bold type directly above the signature line of the application.
3. Such statement, if made by an elector who resides in a village in which personal registration is required shall state that the applicant has registered, giving the date of such registration and his election district if any. If made by an elector who resides in a village in which personal registration is not required, it shall state that he has nevertheless registered; or that he has registered for the last preceding general election; or that he has voted in either or both of the two preceding general elections.
4. Any elector who is duly registered and who is permanently disabled may make application to the village clerk for a form which such clerk shall supply for the purpose of providing for the mailing of absentee ballots to permanently disabled voters. Such form shall contain an affidavit to be executed by the elector showing the particulars of his disability. Upon the filing of such application the inspectors of election shall investigate the facts stated therein and if satisfied as to the truth thereof may approve such application and in such event shall cause the registration record of the voter, if any, to be marked “PERMANENTLY DISABLED”. The inspectors shall also cause to be marked “PERMANENTLY DISABLED”, the registration poll records of those voters who are indicated as permanently disabled on the list of registered voters received from the board of elections. Thereafter, the village clerk shall send an absentee voter’s ballot for each election to such elector by first class mail to his last known address 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. The mailing of such ballot or ballots for each election shall continue as long as the elector remains a qualified voter of the village and unless it appears that such person has failed to return such ballot for the last two successive general village elections. Upon the mailing of such ballot or ballots, the village clerk shall cause the fact and the date of such mailing to be recorded next to the name of the voter in the register of the village or appropriate election district. If the inspectors of election shall determine that such elector is not entitled to an absentee voter’s ballot, or if they shall determine that such elector is no longer entitled to receive such ballot without application they shall notify such elector in writing giving him the reason for such rejection or decision.
5. If a person entitled to an absentee ballot under this section is unable to sign his application because of illness or physical disability he shall be excused from signing upon making a statement, which shall be witnessed by one person, in substantially the following form: “I hereby state that I am unable to sign any application for an absentee ballot without assistance because I am unable to write by reason of my illness or physical disability. I have made, or have received assistance in making, my mark in lieu of my signature”. ................(Mark) ................. ...................... (Date) (Signature of Witness) Such statement shall be included in the application blank form furnished by the village clerk.
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.