1251- Legal Qualification of Voters and Absentee Ballots
|Policy: Legal Qualification of Voters and Absentee Ballots||Policy Number: 1251|
|Date of Original Policy: 09/19/2012||Date Revision Adopted: 11/07/2018|
|Reviewed by Policy Committee: 10/17/2018||Date of Next Review: 09/16/2021|
|Replacement of Policy Number: 1250 & 1621 (from 2002)|
The Jordan-Elbridge School District encourages individuals to exercise their constitutional right to vote. A person shall be entitled to register and vote at the annual District meeting for election of members of the Board of Education, and upon all matters which may be brought before such meeting, who is:
a) A citizen of the United States;
b) Eighteen (18) years of age or older;
c) A resident within the District for a period of thirty (30) days preceding the meeting at which he/she offers to vote.
Any person who would not be qualified to register to vote under the provisions of Sections 5-100 and 5-106 of the Election Law shall not have the right to register for/or vote in an election.
The Board of Education authorizes the District Clerk or a Board designee (the latter only if the District does not provide for the personal registration of voters) to provide absentee ballots to qualified District voters. Absentee ballots shall be used for the election of School Board members, School District public library trustees, the adoption of the annual budget and School District public library budget and referenda.
A District voter must request in advance an application for an absentee ballot. The voter must complete the application and state the reason he/she will not be able to appear in person on the day of the District election/vote for which the absentee ballot is requested. The application must be received by the District Clerk or Board designee at least seven (7) days before the election/vote if the ballot is to be delivered personally to the voter.
Statements on the application for absentee ballot must be signed and dated by the voter.
Pursuant to the provisions of Education Law, a qualified District voter is eligible to vote by absentee ballot if he/she is unable to appear to vote in person the day of School District election/vote because of the following:
a) He/She is or will be a patient in a hospital, or is unable to appear personally at the polling place on the day of the election/vote because of illness or physical disability.
b) He/She has duties, occupation or business responsibilities, or studies which require being outside of the county of residence on the day of the School District election/vote.
c) He/She will be on vacation outside of the county of residence on the day of such District election/vote.
d) He/She will be absent from the voting residence due to detention 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.
e) He/She will be absent from the School District on the day of the School District election/vote by reason of accompanying spouse, parent or child who is or would be, if he/she were a qualified voter, entitled to apply for the right to vote by absentee ballot.
An absentee ballot must reach the office of the District Clerk or Board designee not later than 5:00 p.m. on the day of the election/vote in order that his/her vote may be canvassed.
A list of all persons to whom absentee ballots have been issued shall be maintained in the office of the District Clerk or Board designee and made available for public inspection during regular office hours until the day the election/vote. Any qualified voter may, upon examination of such list, file a written challenge of the qualification as a voter of any whose name appears on such list, stating the reason for such challenge. The written challenge shall be transmitted by the District Clerk or Board designee to the election inspectors on the day of the District election/vote. In addition, any qualified voter may challenge the acceptance of the absentee voter’s ballot of any person on such list by making his/her reasons known to the election inspector before the close of the polls.
Nursing Homes or other Qualifying Adult Care Facilities
When the Board of Elections of the county in which the School District is located, receives twenty five (25) or more absentee ballot applications from a nursing home (or other qualifying adult care facility), the Board of Elections must send election inspectors to the nursing home between one (1) and thirteen (13) days before the election, to supervise the completion of absentee ballots by the resident of the facility. This provision of the Election Law applies to all elections conducted by the School District.
Education Law Section 1501-c, 2014, 2018-a, 2018-b, and 2613
Education Law Section 2012, 2025 and 2603
Election Law Section 8-407
Election Law Article 5
Original Policy Adoption Date
Date of previous revision