Section 7-122. Ballots; absentee voters

1. (a) Ballots for absentee voters
  shall be, as nearly as practicable, in the same  form  as  those  to  be
  voted  in  the district on election day, if any, except that ballots for
  primary elections shall omit the party position of ward, town,  city  or
  county  committee  and  except further that such ballots need not have a
  stub, and shall have the words "Absentee Ballot", endorsed thereon.
    (b) The names of candidates  upon  the  ballot  shall  be  printed  in
  appropriate  sections, with titles of offices, section numbers, emblems,
  voting squares, names of parties and political organizations  and  blank
  spaces for writing in names of persons not printed on the ballot. Except
  as  to  the  spacing,  such  ballot shall be printed wherever applicable
  substantially as follows:
    (Form in chap. 381/79)
    (c) The indorsement shall be printed on the front of  the  ballot  and
  may  also  be  printed  on  the  back of the ballot just to the right of
  center, and outside when the ballot is folded:
    Absentee Ballot for General (or Primary or  Special)  Election  County
  of.....................  (Date of Election.) (Facsimile of the signature
  of officer or officers providing the ballot.)
    (d) On the front of the ballot, shall be printed in heavy  black  type
  the following instructions:
                                INSTRUCTIONS
    1. Mark in pen or pencil.
    2.  To vote for a candidate whose name is printed on this ballot, make
  a single cross X mark or a single V mark in the voting square above  the
  name of the candidate.
    3. To vote for a person whose name is not printed on this ballot write
  or  stamp the name in the blank space which appears at the bottom of the
  column under the title of the office.
    4. To vote on a proposal make a cross X mark or a check V mark in  one
  of the squares contained in the box setting forth such proposal.
    5.  Any  other  mark  or  writing,  or any erasure made on this ballot
  outside the voting squares or blank spaces provided for voting will void
  this entire ballot.
    6. Do not overvote. If you select a greater number of candidates  than
  there  are  vacancies  to  be  filled, your ballot will be void for that
  public office or party position.
    7. If you tear, or deface, or wrongly mark this ballot, call the board
  of elections at (Insert phone number here) for instructions  on  how  to
  obtain a new ballot. Do not attempt to correct mistakes on the ballot by
  making erasures or cross outs. Erasures or cross outs may invalidate all
  or  part  of your ballot. Prior to submitting your ballot, if you make a
  mistake in completing the ballot or wish to change your ballot  choices,
  you  may  obtain  and  complete  a  new  ballot.  You  have a right to a
  replacement ballot upon return of the original ballot.
    2. The following  provisions  shall  apply  to  all  absentee  ballots
  prepared  for  counting  by  ballot  counting  machines  and  all  other
  provisions of this chapter not inconsistent with this subdivision  shall
  be applicable to such ballots.
    (a)  The  party  emblem  need  not be printed next to the name of each
  candidate.
    (b) The blank spaces provided for the voter to write in a name may  be
  on the back of the ballot.
    (c)  The  ballot  proposals  may be on the back of the ballot, or on a
  separate ballot.
    (d) The election district, the ward or legislative  district  if  any,
  the  town or city and the assembly district (in New York city and Nassau

  county) shall be written, stamped or printed on the back  of  each  such
  ballot.
    (e)  If  such  ballot  is  a  ballot  which  is  marked with a writing
  instrument, the printed instructions to the voter shall read as follows:
                                 INSTRUCTIONS
    1. Mark only with the pencil supplied with this ballot.
    2. To vote for a candidate whose name is printed on this ballot,  fill
  in the voting square above (or next to) the name of the candidate.
    3.  To  vote  for  a  person whose name is not printed on this ballot,
  write the name in the blank space (indicate where on ballot the write-in
  line appears) containing the title of the office.
    4. To vote on a proposal, fill in one of the squares contained in  the
  box setting forth such proposal.
    5.  Any  other  mark  or  writing,  or any erasure made on this ballot
  outside the voting squares or blank spaces provided for voting will void
  this entire ballot.
    6. Do not overvote. If you select a greater number of candidates  than
  there  are  vacancies  to  be  filled, your ballot will be void for that
  public office or party position.
    7. If you tear, or deface, or wrongly mark this ballot, call the board
  of elections at (Insert phone number here) for instructions  on  how  to
  obtain a new ballot. Do not attempt to correct mistakes on the ballot by
  making erasures or cross outs. Erasures or cross outs may invalidate all
  or  part  of your ballot. Prior to submitting your ballot, if you make a
  mistake in completing the ballot or wish to change your ballot  choices,
  you  may  obtain  and  complete  a  new  ballot.  You  have a right to a
  replacement ballot upon return of the original ballot.
    (f) If such ballot is a ballot in which holes are to be  punched,  the
  printed instructions to the voter shall read as follows:
                                 INSTRUCTIONS
    1. To vote for a candidate whose name is printed on this ballot, punch
  out  the  voting  square  (or circle) above (or next to) the name of the
  candidate.
    2. To vote for a person whose name is  not  printed  on  this  ballot,
  write  the  name  in  the blank space (indicate where on ballot write-in
  line appears) containing the title of the office.
    3. To vote on a proposal, punch out one of the  squares  (or  circles)
  contained in the box setting forth such proposal.
    4.  Any  other  mark  or  writing,  or any erasure made on this ballot
  outside the voting squares (or circles) or  blank  spaces  provided  for
  voting will void this entire ballot.
    5.  Do not overvote. If you select a greater number of candidates than
  there are vacancies to be filled, your ballot  will  be  void  for  that
  public office or party position.
    6. If you tear, or deface, or wrongly mark this ballot, call the board
  of  elections  at  (Insert phone number here) for instructions on how to
  obtain a new ballot. Prior to submitting your  ballot,  if  you  make  a
  mistake  in completing the ballot or wish to change your ballot choices,
  you may obtain and complete  a  new  ballot.  You  have  a  right  to  a
  replacement ballot upon return of the original ballot.
    (g)  Such  instructions  may  be  printed  on the front or back of the
  ballot or on a separate sheet or card.  If  such  instructions  are  not
  printed  on  the  front  of  the  ballot,  there shall be printed on the
  ballot, in the largest size type for which there is room, the  following
  legend: "See instructions on other side" or "See enclosed instructions",
  whichever is appropriate.

    (h)  Such  ballots which are to be counted by ballot counting machines
  may consist of two or more cards,  which  are  divided  into  perforated
  sections which can be separated at the time of canvassing.
    3.  The  board of elections shall deliver to each voter, together with
  each ballot which is marked with a  writing  instrument,  an  instrument
  whose  markings  can  be  read  by  such machines and together with each
  ballot in which holes are punched, an instrument suitable  for  punching
  the necessary holes in such ballot.
    4.  The  determination of the appropriate county board of elections as
  to the candidates duly designated or  nominated  for  public  office  or
  party  position whose name shall appear on the absentee ballot and as to
  ballot proposals to be voted on shall be made  no  later  than  the  day
  after  the  state  board  of elections issues its certification of those
  candidates to be voted for at the general, special or primary  election.
  The  determinations  of  the state board of elections and the respective
  county boards of elections shall be final and conclusive with respect to
  such offices for which petitions or  certificates  are  required  to  be
  filed  with such boards, as the case may be but nothing herein contained
  shall prevent a board of elections, or a court of competent jurisdiction
  from  determining  at  a  later  date  that  any   such   certification,
  designation  or  nomination  is  invalid and, in the event of such later
  determination, no vote cast for any such nominee by any voter  shall  be
  counted at the election.
    5.  The  board of elections shall furnish with each absentee ballot an
  envelope. On one side of the envelope shall be printed:
 
                          OFFICIAL ABSENTEE BALLOT
                                     for
                  GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
 
   ........., 20.....
  Name of voter.........................................
  Residence (street and number if any)..................
  City/or town of.......(village, if any)...............
  County of.............................................
  Assembly district (only in New York City and county of
  Nassau)...............................................
   ......................................................
  Ward..................................................
  Election District.....................................
  Party Enrollment (in case of primary election)........
 
    6. The date of the election, name of the county, and name of  a  city,
  if there be a separate ballot for city voters, shall be printed, and the
  name  of  the voter, residence, number of the assembly district, if any,
  name of town, number of  ward,  if  any,  election  district  and  party
  enrollment,  if  required, shall be either printed or written or stamped
  in by the board.
    7. There shall  also  be  a  place  for  two  inspectors  of  opposite
  political  parties  to indicate, by placing their initials thereon, that
  they have checked and marked the voter's poll record.
    8. On the reverse side of such envelope shall be printed the following
  statement:
                          STATEMENT OF ABSENTEE VOTER
    I do declare that I am a citizen of the United States, that I am  duly
  registered  in  the  election district shown on the reverse side of this
  envelope and I am qualified to vote in such district;  that  I  will  be
  unable  to  appear  personally on the day of the election for which this

  ballot is voted at the polling place of the election district in which I
  am a qualified voter because of  the  reason  given  on  my  application
  heretofore  submitted; that I have not qualified nor do I intend to vote
  elsewhere,  that  I  have  not  committed  any  act  nor  am I under any
  impediment which denies me the right to 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.................20.....       .....................................
                                     Signature or mark of voter
 
                                     .....................................
                                     Signature of Witness (required only
                                     if voter does not sign his own name)
 
                                     .....................................
                                     Address of Witness
 
    9.  The  envelope  shall  be gummed, ready for sealing, and shall have
  printed thereon, on the side opposite the statement, instructions as  to
  the  duties  of  the  voter  after  the  marking  of  the  ballot, which
  instructions shall  include  a  specific  direction  stating  when  such
  envelope must be postmarked and when such envelope must reach the office
  of the board of elections in order to be canvassed.
    10.  Each  ballot  envelope  shall  be  enclosed  in a second envelope
  addressed to the board of elections and  bearing  a  specific  direction
  that  if an application for absentee ballot is received with the ballot,
  such application must be completed by the voter  and  returned  in  such
  envelope together with the envelope containing the absentee ballot. Such
  second  envelope  shall be enclosed in a third envelope addressed to the
  absentee voter. The second and third envelopes shall have printed on the
  face thereof the words "Election Material--Please Expedite".