Town of Carmel, NY
Putnam County
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Table of Contents
Table of Contents
[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:
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.
Date
Signature of Voter
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:
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:
STATEMENT OF ABSENTEE VOTER
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.
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
Signature of Voter
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:
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.
Date
Signature of Voter
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:
STATEMENT AND AFFIRMATION OF ABSENTEE VOTER
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
Signature of Voter
Residence (street and number, if any)
Post Office
State
Zip Code
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.