Bill Text: NY A01183 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sets forth provisions for absentee ballots for fire district elections and improvement district elections.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-02-08 - amended on third reading 1183b [A01183 Detail]

Download: New_York-2015-A01183-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1183--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by M. of A. GALEF, MONTESANO, CROUCH, FINCH, STECK -- Multi-
         Sponsored by -- M. of A. HAWLEY, MAGEE, McDONOUGH, RIVERA,  THIELE  --
         read  once  and  referred  to  the  Committee  on Local Governments --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN  ACT  to amend the town law, in relation to absentee ballots for fire
         district elections and improvement district elections
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 2 of section 175-b of the town law, as amended
    2  by chapter 401 of the laws of 1996, is amended to read as follows:
    3    2. a. [An applicant for such an absentee ballot shall submit an appli-
    4  cation setting forth (1) his or her name and residence address,  includ-
    5  ing  the street and number, if any, or town and rural delivery route, if
    6  any; (2) that he or she is or will be, on the day  of  the  election,  a
    7  qualified voter of the district in which he or she resides in that he or
    8  she  is  or will be, on such date, over eighteen years of age, a citizen
    9  of the United States and has or will have resided in  the  district  for
   10  thirty  days  next preceding such date; (3) that he or she is registered
   11  in the town; (4) that he or she will be unable  to  appear  to  vote  in
   12  person  on  the  day  of  the  election for which the absentee ballot is
   13  requested because he or she is, or will be on such day (a) a patient  in
   14  a  hospital, or unable to appear personally at the polling place on such
   15  day because of illness or physical disability or (b) because of  his  or
   16  her duties, occupation or business will require him or her to be outside
   17  of the county of his or her residence on such day, (c) because he or she
   18  will  be  on vacation outside the county of his or her residence on such
   19  day; or, (d) absent from his or her voting residence because he  or  she
   20  is detained in jail awaiting action by a grand jury or awaiting trial or
   21  is confined in prison after conviction for an offense other than a felo-
   22  ny.    Such  application  must  be received by the district secretary at
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01546-02-5
       A. 1183--A                          2
    1  least seven days before the election if the ballot is to  be  mailed  to
    2  the voter, or the day before the election, if the ballot is to be deliv-
    3  ered personally to the voter or his or her agent.
    4    b.    (1)    Where  such  duties, occupation or business are of such a
    5  nature as ordinarily to require such absence,  a  brief  description  of
    6  such  duties,  occupation or business shall be set forth in such affida-
    7  vit.  (2) Where such duties, occupation or business are not  of  such  a
    8  nature  as  ordinarily  to  require such absence, such application shall
    9  contain a statement of the special circumstances  on  account  of  which
   10  such absence is required.
   11    c.   Where the applicant expects in good faith to be absent on the day
   12  of the election because he or she will be on vacation elsewhere on  such
   13  day,  such application shall also contain the dates upon which he or she
   14  expects to begin and end such vacation, the place or places where he  or
   15  she  expects  to be on such vacation, the name and address of his or her
   16  employer, if any, and if self-employed, a statement to that effect.
   17    d. Where the absence is because of detention or confinement  to  jail,
   18  such affidavit shall state whether the voter is detained awaiting action
   19  of  the  grand jury or is confined after conviction for an offense other
   20  than a felony.
   21    e.  Where a person is or would be, if  he  or  she  were  a  qualified
   22  voter,  entitled to apply for the right to vote by absentee ballot under
   23  the provisions of this section, his or her spouse, parent or child, if a
   24  qualified voter and a resident of the same district, shall  be  entitled
   25  to  vote  as  an  absentee  voter  upon personally making and signing an
   26  application in accordance with the preceding provisions of this subdivi-
   27  sion and showing that he or she expects to be absent from  the  district
   28  on  the  day of the district election by reason of accompanying or being
   29  with the spouse, child or parent who is or would be, if he or she were a
   30  qualified voter, so entitled to apply for the right to vote by  absentee
   31  ballot,  and,  in the event no application is made by such spouse, child
   32  or parent, such further information as the fire district shall require.
   33    f.] A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE VOTER UNDER THIS SECTION
   34  IF DURING ALL THE HOURS OF VOTING ON THE DAY OF A FIRE DISTRICT ELECTION
   35  HE OR SHE WILL BE:
   36    (1) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
   37    (2) UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR  PHYS-
   38  ICAL  DISABILITY,  OR  DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE
   39  INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED, OR  BECAUSE  HE  OR  SHE
   40  WILL BE OR IS A PATIENT IN A HOSPITAL; OR
   41    (3) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
   42    (4)  ABSENT  FROM  HIS  OR  HER  VOTING RESIDENCE BECAUSE HE OR SHE IS
   43  DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING  TRIAL,  OR
   44  CONFINED  IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER THAN
   45  A FELONY, PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN  THE  ELECTION
   46  DISTRICT OF HIS OR HER RESIDENCE.
   47    B.  EACH PERSON ENTITLED TO VOTE AS AN ABSENTEE VOTER PURSUANT TO THIS
   48  SECTION AND DESIROUS OF OBTAINING AN ABSENTEE BALLOT SHALL MAKE  WRITTEN
   49  APPLICATION  THEREFOR  TO  THE DISTRICT SECRETARY. APPLICATION FORMS FOR
   50  USE PURSUANT TO THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE  STATE
   51  BOARD  OF  ELECTIONS.  THE  USE  OF  ANY  APPLICATION WHICH IS ON A FORM
   52  PRESCRIBED BY THE STATE BOARD OF ELECTIONS  SHALL  BE  ACCEPTABLE.  Such
   53  application  shall  include  the following statement to be signed by the
   54  voter.
   55    I hereby declare that the foregoing is a true statement to the best of
   56  my knowledge and belief, and I understand that if I  make  any  material
       A. 1183--A                          3
    1  false  statement  in the foregoing statement of application for absentee
    2  ballots, I shall be guilty of a misdemeanor.
    3  Date.....................Signature of Voter.............
    4    [g.] C. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST CONTAIN
    5  IN EACH INSTANCE THE FOLLOWING INFORMATION:
    6    (1)  APPLICANT'S  FULL  NAME,  DATE  OF  BIRTH, AND RESIDENCE ADDRESS,
    7  INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE,  IF  ANY,
    8  MAILING  ADDRESS  IF DIFFERENT FROM THE RESIDENCE ADDRESS AND AN ADDRESS
    9  TO WHICH THE BALLOT SHALL BE MAILED.
   10    (2) A STATEMENT THAT THE  APPLICANT  IS  A  QUALIFIED  AND  REGISTERED
   11  VOTER.
   12    (3)  A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION THE
   13  APPLICANT EXPECTS IN GOOD FAITH TO BE IN ONE OF  THE  FOLLOWING  CATEGO-
   14  RIES:
   15    (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
   16  IF  THE  APPLICANT  EXPECTS TO BE ABSENT FROM SUCH COUNTY FOR A DURATION
   17  COVERING MORE THAN ONE ELECTION AND SEEKS AN ABSENTEE  BALLOT  FOR  EACH
   18  ELECTION,  HE  OR  SHE  SHALL  STATE THE DATES WHEN HE OR SHE EXPECTS TO
   19  BEGIN AND END SUCH ABSENCE; OR
   20    (B) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYSICAL
   21  DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE INDIVID-
   22  UALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
   23    (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
   24    (D) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
   25  OR CONFINED IN JAIL OR PRISON AFTER A CONVICTION FOR  AN  OFFENSE  OTHER
   26  THAN  A  FELONY  AND STATING THE PLACE WHERE HE OR SHE IS SO DETAINED OR
   27  CONFINED.
   28    (4) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
   29  TEE BALLOT IN ANY YEAR.   A VOTER WHO APPLIES  FOR  AN  ABSENTEE  BALLOT
   30  SHALL  BE  SENT  AN  ABSENTEE BALLOT FOR ANY FIRE DISTRICT ELECTION THAT
   31  OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
   32    D. An applicant whose ability to  appear  personally  at  the  polling
   33  place  of  the  district  of  which  he  or  she is a qualified voter is
   34  substantially impaired by reason of permanent illness or physical  disa-
   35  bility  and whose registration record has been marked "permanently disa-
   36  bled" by the board of  elections  pursuant  to  the  provisions  of  the
   37  election law shall be entitled to receive an absentee ballot pursuant to
   38  the  provisions  of this section without making separate application for
   39  such absentee ballot, and the secretary of the fire district, upon being
   40  advised by the board of elections on or  with  the  list  of  registered
   41  voters  that  the  registration record of a voter is marked "permanently
   42  disabled", shall send an absentee ballot to such voter  at  his  or  her
   43  last  known  address  by  first  class mail with a request to the postal
   44  authorities not to forward same but to return same in five days  in  the
   45  event  that  it  cannot  be  delivered  to the addressee.   The election
   46  inspectors of the fire district shall make an appropriate entry  on  the
   47  registration record indicating the fact that an absentee ballot has been
   48  sent and the date of mailing.
   49    E. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT SECRETARY NO EARLI-
   50  ER  THAN  THE  THIRTIETH  DAY  BEFORE THE ELECTION FOR WHICH AN ABSENTEE
   51  BALLOT IS SOUGHT. IF THE APPLICATION REQUESTS THAT THE  ABSENTEE  BALLOT
   52  BE  MAILED,  SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN SEVEN DAYS
   53  BEFORE THE ELECTION. IF THE APPLICANT OR HIS OR HER AGENT  DELIVERS  THE
   54  APPLICATION  TO  THE DISTRICT SECRETARY IN PERSON, SUCH APPLICATION MUST
   55  BE RECEIVED NOT LATER THAN THE DAY BEFORE  THE  ELECTION.  THE  DISTRICT
   56  SECRETARY  SHALL  EXAMINE  EACH APPLICATION AND SHALL DETERMINE FROM THE
       A. 1183--A                          4
    1  INFORMATION CONTAINED THEREIN WHETHER THE APPLICANT IS  QUALIFIED  UNDER
    2  THIS SECTION TO RECEIVE AN ABSENTEE BALLOT.
    3    F. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
    4  HAS  BEEN  RECEIVED  AND FOR WHICH THE DISTRICT SECRETARY HAS DETERMINED
    5  THE APPLICANT TO BE QUALIFIED TO VOTE BY ABSENTEE  BALLOT  THE  DISTRICT
    6  SECRETARY SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALI-
    7  FIED  APPLICANT  WHO  HAS  APPLIED BEFORE SUCH DAY AND WHO HAS REQUESTED
    8  THAT SUCH ABSENTEE BALLOT BE MAILED TO HIM OR HER  AT  THE  ADDRESS  SET
    9  FORTH  IN  HIS  OR HER APPLICATION. IF THE APPLICANT OR HIS OR HER AGENT
   10  DELIVERS THE APPLICATION TO THE DISTRICT SECRETARY IN PERSON  AFTER  THE
   11  SEVENTH  DAY  BEFORE  THE ELECTION AND NOT LATER THAN THE DAY BEFORE THE
   12  ELECTION, THE DISTRICT SECRETARY SHALL FORTHWITH DELIVER  SUCH  ABSENTEE
   13  BALLOTS  FOR THOSE APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO
   14  MAKE SUCH APPLICATIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR
   15  THE AGENTS NAMED IN THE APPLICATIONS  WHEN  SUCH  APPLICANTS  OR  AGENTS
   16  APPEAR IN THE DISTRICT SECRETARY'S OFFICE.
   17    S 2. Subdivision 2 of section 213-b of the town law, as added by chap-
   18  ter 400 of the laws of 1985, is amended to read as follows:
   19    2. a. [An applicant for such an absentee ballot shall submit an appli-
   20  cation  setting  forth (1) his name and residence address, including the
   21  street and number, if any, or town and rural delivery route, if any; (2)
   22  that he is or will be, on the day of the election, a qualified voter  of
   23  the district in which he resides in that he is or will be, on such date,
   24  over  eighteen  years  of age, a citizen of the United States and has or
   25  will have resided in the district for thirty days  next  preceding  such
   26  date;  (3) that he is registered in the town; (4) that he will be unable
   27  to appear to vote in person on the day of the  election  for  which  the
   28  absentee ballot is requested because he is, or will be on such day (a) a
   29  patient  in  a  hospital,  or unable to appear personally at the polling
   30  place on such day because of  illness  or  physical  disability  or  (b)
   31  because  his  duties,  occupation  or  business  will  require him to be
   32  outside of the county or city of his residence on such day, (c)  because
   33  he  will  be  on vacation outside the county or city of his residence on
   34  such day; or, (d)  absent  from  his  voting  residence  because  he  is
   35  detained in jail awaiting action by a grand jury or awaiting trial or is
   36  confined  in prison after conviction for an offense other than a felony.
   37  Such application must be received by the  district  secretary  at  least
   38  seven  days  before  the  election  if the ballot is to be mailed to the
   39  voter, or the day before the election, if the ballot is to be  delivered
   40  personally to the voter or his agent.
   41    b. (1)  Where such duties, occupation or business are of such a nature
   42  as  ordinarily  to  require  such  absence,  a brief description of such
   43  duties, occupation or business shall be set forth in such affidavit. (2)
   44  Where such duties, occupation or business are not of such  a  nature  as
   45  ordinarily  to  require  such  absence, such application shall contain a
   46  statement of the special circumstances on account of which such  absence
   47  is required.
   48    c.  Where  the applicant expects in good faith to be absent on the day
   49  of the election because he will be on vacation elsewhere  on  such  day,
   50  such  application  shall also contain the dates upon which he expects to
   51  begin and end such vacation, the place or places where he expects to  be
   52  on  such  vacation, the name and address of his employer, if any, and if
   53  self-employed, a statement to that effect.
   54    d. Where the absence is because of detention or confinement  to  jail,
   55  such affidavit shall state whether the voter is detained awaiting action
       A. 1183--A                          5
    1  of  the  grand jury or is confined after conviction for an offense other
    2  than a felony.
    3    e.  Where a person is or would be, if he were a qualified voter, enti-
    4  tled to apply for the  right  to  vote  by  absentee  ballot  under  the
    5  provisions  of this section, his spouse, parent or child, if a qualified
    6  voter and a resident of the same district, shall be entitled to vote  as
    7  an  absentee  voter upon personally making and signing an application in
    8  accordance with the preceding provisions of this subdivision and showing
    9  that he expects to be absent  from  the  district  on  the  day  of  the
   10  district  election  by  reason of accompanying or being with the spouse,
   11  child or parent who is or would be, if he were  a  qualified  voter,  so
   12  entitled  to apply for the right to vote by absentee ballot, and, in the
   13  event no application is made by  such  spouse,  child  or  parent,  such
   14  further information as the improvement district shall require.
   15    f.] A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE VOTER UNDER THIS SECTION
   16  IF  DURING ALL THE HOURS OF VOTING ON THE DAY OF AN IMPROVEMENT DISTRICT
   17  ELECTION HE OR SHE WILL BE:
   18    (1) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
   19    (2) UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR  PHYS-
   20  ICAL  DISABILITY,  OR  DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE
   21  INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED, OR  BECAUSE  HE  OR  SHE
   22  WILL BE OR IS A PATIENT IN A HOSPITAL; OR
   23    (3) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
   24    (4)  ABSENT  FROM  HIS  OR  HER  VOTING RESIDENCE BECAUSE HE OR SHE IS
   25  DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING  TRIAL,  OR
   26  CONFINED  IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER THAN
   27  A FELONY, PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN  THE  ELECTION
   28  DISTRICT OF HIS OR HER RESIDENCE.
   29    B.  EACH PERSON ENTITLED TO VOTE AS AN ABSENTEE VOTER PURSUANT TO THIS
   30  SECTION AND DESIROUS OF OBTAINING AN ABSENTEE BALLOT SHALL MAKE  WRITTEN
   31  APPLICATION  THEREFOR  TO  THE DISTRICT SECRETARY. APPLICATION FORMS FOR
   32  USE PURSUANT TO THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE  STATE
   33  BOARD  OF  ELECTIONS.  THE  USE  OF  ANY  APPLICATION WHICH IS ON A FORM
   34  PRESCRIBED BY THE STATE BOARD OF ELECTIONS  SHALL  BE  ACCEPTABLE.  Such
   35  application  shall  include  the following statement to be signed by the
   36  voter.
   37    I hereby declare that the foregoing is a true statement to the best of
   38  my knowledge and belief, and I understand that if I  make  any  material
   39  false  statement  in the foregoing statement of application for absentee
   40  ballots, I shall be guilty of a misdemeanor.
   41       Date ................... Signature of Voter .......................
   42    [g.] C.   THE APPLICATION FOR  AN  ABSENTEE  BALLOT  WHEN  FILED  MUST
   43  CONTAIN IN EACH INSTANCE THE FOLLOWING INFORMATION:
   44    (1)  APPLICANT'S  FULL  NAME,  DATE  OF  BIRTH, AND RESIDENCE ADDRESS,
   45  INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE,  IF  ANY,
   46  MAILING  ADDRESS  IF DIFFERENT FROM THE RESIDENCE ADDRESS AND AN ADDRESS
   47  TO WHICH THE BALLOT SHALL BE MAILED.
   48    (2) A STATEMENT THAT THE  APPLICANT  IS  A  QUALIFIED  AND  REGISTERED
   49  VOTER.
   50    (3)  A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION THE
   51  APPLICANT EXPECTS IN GOOD FAITH TO BE IN ONE OF  THE  FOLLOWING  CATEGO-
   52  RIES:
   53    (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
   54  IF  THE  APPLICANT  EXPECTS TO BE ABSENT FROM SUCH COUNTY FOR A DURATION
   55  COVERING MORE THAN ONE ELECTION AND SEEKS AN ABSENTEE  BALLOT  FOR  EACH
       A. 1183--A                          6
    1  ELECTION,  HE  OR  SHE  SHALL  STATE THE DATES WHEN HE OR SHE EXPECTS TO
    2  BEGIN AND END SUCH ABSENCE; OR
    3    (B) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYSICAL
    4  DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE INDIVID-
    5  UALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
    6    (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
    7    (D) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
    8  OR  CONFINED  IN  JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER
    9  THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS  SO  DETAINED  OR
   10  CONFINED.
   11    (4) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
   12  TEE  BALLOT  IN  ANY  YEAR.   A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT
   13  SHALL BE SENT AN ABSENTEE BALLOT FOR ANY IMPROVEMENT DISTRICT ELECTION.
   14    D. An applicant whose ability to  appear  personally  at  the  polling
   15  place  of the district of which he is a qualified voter is substantially
   16  impaired by reason of permanent illness or physical disability and whose
   17  registration record has been marked "permanently disabled" by the  board
   18  of  elections  pursuant  to  the provisions of the election law shall be
   19  entitled to receive an absentee ballot pursuant  to  the  provisions  of
   20  this  section  without  making  separate  application  for such absentee
   21  ballot, and the  secretary  of  the  improvement  district,  upon  being
   22  advised  by  the  board  of  elections on or with the list of registered
   23  voters that the registration record of a voter  is  marked  "permanently
   24  disabled", shall send an absentee ballot to such voter at his last known
   25  address by first class mail with a request to the postal authorities not
   26  to  forward  same  but  to return same in five days in the event that it
   27  cannot be delivered to the addressee. The board  of  inspectors  of  the
   28  improvement district shall make an appropriate entry on the registration
   29  record indicating the fact that an absentee ballot has been sent and the
   30  date of mailing.
   31    E. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT SECRETARY NO EARLI-
   32  ER  THAN  THE  THIRTIETH  DAY  BEFORE THE ELECTION FOR WHICH AN ABSENTEE
   33  BALLOT IS SOUGHT. IF THE APPLICATION REQUESTS THAT THE  ABSENTEE  BALLOT
   34  BE  MAILED,  SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN SEVEN DAYS
   35  BEFORE THE ELECTION. IF THE APPLICANT OR HIS OR HER AGENT  DELIVERS  THE
   36  APPLICATION  TO  THE DISTRICT SECRETARY IN PERSON, SUCH APPLICATION MUST
   37  BE RECEIVED NOT LATER THAN THE DAY BEFORE  THE  ELECTION.  THE  DISTRICT
   38  SECRETARY  SHALL  EXAMINE  EACH APPLICATION AND SHALL DETERMINE FROM THE
   39  INFORMATION CONTAINED THEREIN WHETHER THE APPLICANT IS  QUALIFIED  UNDER
   40  THIS SECTION TO RECEIVE AN ABSENTEE BALLOT.
   41    F. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
   42  HAS  BEEN  RECEIVED  AND FOR WHICH THE DISTRICT SECRETARY HAS DETERMINED
   43  THE APPLICANT TO BE QUALIFIED TO VOTE BY ABSENTEE  BALLOT  THE  DISTRICT
   44  SECRETARY SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALI-
   45  FIED  APPLICANT  WHO  HAS  APPLIED BEFORE SUCH DAY AND WHO HAS REQUESTED
   46  THAT SUCH ABSENTEE BALLOT BE MAILED TO HIM OR HER  AT  THE  ADDRESS  SET
   47  FORTH  IN  HIS  OR HER APPLICATION. IF THE APPLICANT OR HIS OR HER AGENT
   48  DELIVERS THE APPLICATION TO THE DISTRICT SECRETARY IN PERSON  AFTER  THE
   49  SEVENTH  DAY  BEFORE  THE ELECTION AND NOT LATER THAN THE DAY BEFORE THE
   50  ELECTION, THE DISTRICT SECRETARY SHALL FORTHWITH DELIVER  SUCH  ABSENTEE
   51  BALLOTS  FOR THOSE APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO
   52  MAKE SUCH APPLICATIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR
   53  THE AGENTS NAMED IN THE APPLICATIONS  WHEN  SUCH  APPLICANTS  OR  AGENTS
   54  APPEAR IN THE DISTRICT SECRETARY'S OFFICE.
   55    S  3. This act shall take effect on the first of January next succeed-
   56  ing the date on which it shall have become a law.
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