[HISTORY: Adopted by the Town Board of the Town of Carmel as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-28-1999 by L.L. No. 1-1999]
Absentee ballots shall be provided in referendums held pursuant to the
provisions of Articles 12 and 12-A of the Town Law in regard to the establishment
or extension of improvement districts.
A.
An applicant for such an absentee ballot shall submit
an application setting forth:
(1)
His name and residence address, including the street
and number, post office, state and zip code;
(2)
That he/she is or will be, on the day of the referendum,
a qualified voter in the referendum;
(3)
That he/she will be unable to appear to vote in person
on the day of the referendum for which the absentee ballot is requested because:
(a)
He/she is, or will be on such day a patient in a hospital,
or unable to appear personally at the polling place on such day because of
illness or physical disability;
(b)
His/her duties, occupation or business will require him/her
to be outside of the county on such day;
(c)
He/she will be on vacation outside the county on such
day; or
(d)
He/she is detained in jail awaiting action by a grand
jury or awaiting trial or is confined in prison after conviction for an offense
other than a felony.
B.
Where such duties, occupation or business are of such
a nature as ordinarily to require such absence, a brief description of such
duties, occupation or business shall be set forth in such application, and
where such duties, occupation or business are not of such a nature as ordinarily
to require such absence, such application shall contain a statement of the
special circumstances on account of which such absence is required. Where
the applicant expects in good faith to be absent on the day of the referendum
because he/she will be on vacation elsewhere on such day, such application
shall also contain the dates upon which he/she expects to begin and end such
vacation, the place or places where he/she expects to be on such vacation,
the name and address of his/her employer, if any, and if self-employed, a
statement to that effect. Where the absence is because of detention or confinement
to jail, such application shall state whether the voter is detained awaiting
action of the grand jury or is confined after conviction for an offense other
than a felony.
C.
Such application must be received by the Town Clerk at
least seven days before the referendum if the ballot is to be mailed to the
voter, or the day before the referendum, if the ballot is to be delivered
personally to the voter.
Such application shall include the following statement to be signed
by the voter:
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I hereby declare that the foregoing is a true statement to the best
of my knowledge and belief, and I understand that if I make any material false
statement in the foregoing statement of application for absentee ballots,
I shall be guilty of a misdemeanor.
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Date
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Signature of Voter
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If, upon examining the application required under the provisions of § 2-2 of this article, and upon such inquiry as he/she deems proper, the Town Clerk shall be satisfied that the applicant is entitled to vote by absentee ballot in said referendum, 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 applicant.
Ballots for absentee voters shall be, as nearly as practicable, in the
same form as those to be voted at the referendum. On the back of such absentee
ballots shall be printed the words "Official Ballot, Absentee Voter."
A.
The Town Clerk shall enclose each absentee voter's
ballot in an envelope which shall be labeled:
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ELECTION MATERIAL
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PLEASE EXPEDITE
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OFFICIAL BALLOT, ABSENTEE VOTER
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For
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Special Town of Carmel Referendum to be held on
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Name of Voter
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Residence (street and number, if any)
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Post Office____________ State____________ Zip Code ____________
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B.
The date of the referendum and the name of the voter
and residence address shall be written in by the Town Clerk.
A.
When returning his/her absentee ballot, the absentee
voter shall submit on a separate sheet of paper, along with his/her sealed
absentee ballot, the following statement on a form supplied by the Town Clerk
with the absentee ballot:
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STATEMENT OF ABSENTEE VOTER
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I do declare that I am a qualified voter in the above referendum; that
I will be unable to appear personally on the day of said special Town referendum
because of the reason stated on my application heretofore submitted; 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 referendum,
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 referendum;
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 good conduct granted by the board of parole pursuant to the provisions
of the executive law removing my disability to register and vote.
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I hereby declare that the foregoing is a true statement to the best
of my knowledge and belief, and I understand that if I make any material false
statement in the foregoing statement of absentee voter, I shall be guilty
of a misdemeanor.
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Date
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Signature of Voter
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B.
The reverse side of the preprinted statement form shall
have printed thereon instructions as to the duties of the voter after the
marking of the ballot, which instructions shall include a specific direction
stating that the envelope must reach the office of the Town Clerk not later
than 5:00 p.m. on the day of the referendum in order that the vote may be
canvassed. A person who shall make any material false statement in the statement
of absentee voter shall be guilty of a misdemeanor.
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/her office
where it shall be available for public inspection during regular office hours
until the day of the referendum. 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.
Such written challenge shall be transmitted by the Town Clerk to the inspectors
of election on referendum day. Such list shall also be posted in a conspicuous
place or places during the referendum, and any qualified voter may challenge
the acceptance of the absentee voter's ballot of any person on such list,
by making his/her challenge and the reasons therefor known to the inspectors
of election before the close of the polls. The inspectors of election shall
proceed to determine each objection. Unless the inspectors, by majority vote,
shall sustain the objection, the chairman, or if he/she 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 hereafter. 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 ballot 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 knowledge of the inspectors is deceased on
the day of the referendum, the inspectors shall return such envelope unopened
to the Town Clerk with the words "deceased - objection sustained" endorsed
on the envelope.
The Town Clerk shall be authorized to call upon the Chief of Police,
the officers and members of the Town of Carmel Police Department for such
assistance in the enforcement of the provisions of this section as he/she
shall require, and such Police Chief, officers and members of the Police Department
shall be authorized to render such assistance.
No absentee voter's ballot shall be canvassed unless it shall have
been received in the office of the Town Clerk not later than 5:00 p.m. on
the day of referendum. The Town Clerk shall, on the day of the referendum,
transmit all absentee voters' envelopes received to the inspectors of
election. If, at the referendum, any absentee voters' envelopes shall
have been received at the polling place, the inspectors of election immediately
after the closing of the polls shall open said envelopes and the ballot shall
be withdrawn without unfolding and deposited in the proper box or boxes. 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 absentee 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 of the number of absentee voters'
ballots deposited 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 referendum, or, where voting machines are used, shall be added to
the votes recorded on such machines.
[Adopted 1-17-2001 by L.L. No. 1-2001]
Absentee ballots shall be provided in referendums held pursuant to the
provisions of Articles 6 and 7 of the Town Law.
A.
An applicant for such an absentee ballot shall submit
an application setting forth:
(1)
His/her name and residence address, including the street
and number, post office, state and zip code;
(2)
That he/she is or will be, on the day of the referendum,
a qualified elector of the Town;
(3)
That he/she will be unable to appear to vote in person
on the day of the referendum for which the absentee ballot is requested because:
(a)
He/she is, or will be on such day a patient in a hospital,
or unable to appear personally at the polling place on such day because of
illness or physical disability;
(b)
His/her duties, occupation or business will require him/her
to be outside of the county of his/her residence on such day;
(c)
He/she will be on vacation outside the county of his/her
residence on such day; or
(d)
He/she will be absent from his/her voting residence because
he/she is detained in jail awaiting action by a grand jury or awaiting trial
or is confined in prison after conviction for an offense other than a felony.
B.
Where such duties, occupation or business are of such
a nature as ordinarily to require such absence, a brief description of such
duties, occupation or business shall be set forth in such affidavit and where
such duties, occupation or business are not of such a nature as ordinarily
to require such absence, such application shall contain a statement of the
special circumstances on account of which such absence is required. Where
the applicant expects in good faith to be absent on the day of the referendum
because he/she will be on vacation elsewhere on such day, such application
shall also contain the dates upon which he/she expects to begin and end such
vacation, the place or places where he/she expects to be on such vacation,
the name and address of his/her employer, if any, and if self-employed, a
statement to that effect. Where the absence is because of detention or confinement
to jail, such affidavit shall state whether the voter is detained awaiting
action of the grand jury or is confined after conviction for an offense other
than a felony.
C.
Such application must be received by the Town Clerk at
least seven days before the referendum if the ballot is to be mailed to the
voter, or the day before the referendum, if the ballot is to be delivered
personally to the voter.
Where a person is or would be, if he/she were a qualified elector, entitled
to apply to vote by absentee ballot under the provisions of this article,
his/her spouse, parent or child, if a qualified elector and a resident of
the Town, shall be entitled to vote as an absentee voter upon personally making
and signing an application in accordance with the preceding provisions of
this article and showing that he/she expects to be absent from the Town on
the day of the referendum by reason of accompanying or being with the spouse,
child or parent who is or would be, if he/she were a qualified elector, so
entitled to apply to vote by absentee ballot, and, in the event no application
is made by such spouse, child or parent, such further information as the Town
shall require.
Such application shall include the following statement to be signed
by the voter:
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I hereby declare that the foregoing is a true statement to the best
of my knowledge and belief, and I understand that if I make any material false
statement in the foregoing statement of application for absentee ballots,
I shall be guilty of a misdemeanor.
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Date
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Signature of Voter
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If, upon examining the application required under the provisions of § 2-12 of this article, and upon such inquiry as he/she deems proper, the Town Clerk shall be satisfied that the applicant is a qualified elector of the Town, and entitled to vote by absentee ballot in said referendum, 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 applicant.
Ballots for absentee voters shall be, as nearly as practicable, in the
same form as those to be voted at the referendum. On the back of such absentee
ballots shall be printed the words "Official Ballot, Absentee Voter."
A.
The Town Clerk shall enclose each absentee voter's
ballot in an envelope which shall be labeled:
|
ELECTION MATERIAL
| |
|
PLEASE EXPEDITE
| |
|
OFFICIAL BALLOT, ABSENTEE VOTER
| |
|
for
| |
|
Special Town of Carmel Referendum to be held on
| |
|
Name of Voter
| |
|
Residence (street and number, if any)
| |
|
Post Office State Zip Code
|
B.
The date of the referendum and the name of the voter
and residence address shall be written in by the Town Clerk.
A.
When returning his/her absentee ballot, the absentee
voter shall submit on a separate sheet of paper, along with his/her sealed
absentee ballot, the following statement on a form supplied by the Town Clerk
with the absentee ballot:
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STATEMENT AND AFFIRMATION OF ABSENTEE VOTER
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I do declare that I will have been a citizen of the United States for
30 days, and will be at least 18 years of age on the date of the special Town
election; that I will have been a resident of the State of New York and of
the Town of Carmel for 30 days next preceding this election; that I am or
on such date will qualify as an elector of said Town; that I will be unable
to appear personally on the day of said special Town referendum at the polling
place of the election district in which I am or will be a qualified elector
because of the reason stated on my application heretofore submitted; 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 referendum,
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 referendum;
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 good conduct granted by the board of parole pursuant to the provisions
of the executive 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 absentee voter, I shall be guilty
of a misdemeanor.
| ||
|
Date
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Signature of Voter
| |
|
Residence (street and number, if any)
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|
Post Office State Zip Code
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B.
The reverse side of the preprinted statement form shall
have printed thereon instructions as to the duties of the voter after the
marking of the ballot, which instructions shall include a specific direction
stating that the envelope must reach the office of the Town Clerk not later
than 5:00 p.m. on the day of the referendum in order that the vote may be
canvassed. A person who shall make any material false statement in the statement
of absentee voter shall be guilty of a misdemeanor.
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/her office
where it shall be available for public inspection during regular office hours
until the day of the referendum. Any qualified elector 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.
Such written challenge shall be transmitted by the Town Clerk to the inspectors
of election on referendum day. Such list shall also be posted in a conspicuous
place or places during the referendum, and any qualified elector may challenge
the acceptance of the absentee voter's ballot of any person on such list,
by making his/her challenge and the reasons therefor known to the inspectors
of election before the close of the polls. The inspectors of election shall
proceed to determine each objection. Unless the inspectors, by majority vote,
shall sustain the objection, the chairman, or if he/she 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 hereafter. 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 ballot 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 knowledge of the inspectors is deceased on
the day of the referendum, the inspectors shall return such envelope unopened
to the Town Clerk with the words "deceased - objection sustained" endorsed
on the envelope.
The Town Clerk shall be authorized to call upon the Chief of Police,
the officers and members of the Town of Carmel Police Department for such
assistance in the enforcement of the provisions of this section as he/she
shall require, and such Police Chief, officers and members of the Police Department
shall be authorized to render such assistance.
No absentee voter's ballot shall be canvassed, unless it shall
have been received in the office of the Town Clerk not later than 5:00 p.m.
on the day of referendum. The Town Clerk shall, on the day of the referendum,
transmit all absentee voters' envelopes received to the inspectors of
election. If, at the referendum, any absentee voters' envelopes shall
have been received at the polling place, the inspectors of election immediately
after the closing of the polls shall open said envelopes and the ballot shall
be withdrawn without unfolding and deposited in the proper box or boxes. 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 absentee 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 of the number of absentee voters'
ballots deposited 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 referendum, or, where voting machines are used, shall be added to
the votes recorded on such machines.
