LAWS OF THE STATE OF NEW YORK PASSED AT THE 147TH REGULAR SESSION OF THE LEGISLATURE, BEGUN AN ACT to amend the election law, in relation to absentee voting by inmates Became a law April 25, 1924, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, Section 1. Section one hundred and seventeen of chapter five L. 1922, hundred and eighty-eight of the laws of nineteen hundred and twenty-two, entitled "An act in relation to the elections, con- amended. stituting chapter seventeen of the consolidated laws," is hereby § 117. Application for ballots by absentee voters. A qualified voter who, on the occurrence of any general election, may be un- 2 Words "he is an inmate of a soldiers' and sailors' home, or because" new. 3 Words "for one of the following reasons: (a) because he is, and will be on the day of such election, an inmate of a soldiers' and sailors' home, 118, subds. 1-8 amended, Determination o absentee voters' application. in the case of absence on account of duties, occupation or business,* the special circumstances by which such absence is required, unless such duties, oceupation or business are of a nature to require ordinarily absence from the state or county or require ordinarily traveling beyond the boundaries of the state or county, which shall include, among others, employee in the operation of railroad trains when the run of such employee crosses the boundary of the county, commercial traveler, actor and federal employee having an office or position outside of the county. The affidavit also shall states that the affiant applies in good faith for an absentee voter's ballot or set of ballots, as the case may be. If the affiant is not required to register personally, the affidavit also may state that fact, that he has not and does not expect to register personally and that he requests an enrollment blank. Authentication of the signature, authority and official character of the officer before whom the affidavit purports to have been taken shall not be necessary when the affidavit is taken within the state; nor when it is taken without the state before a notary public, with seal, if his seal be affixed. 'In the case of an application by an inmate of a soldiers' and sailors' home, as such, there also shall be mailed or delivered, within the time above stated, a certificate of the presiding officer or secretary of the board of trustees, or other governing body, of such home, in terms or effect that the person named in the affidavit is, and is expected to be on the day of the next general election, an inmate of such home; and two or more such inmates residing and desiring to vote in the same county may be named and included in one certificate, in the discretion of such officer or secretary. § 2. Subdivisions one, two and three of section one hundred and eighteen of such chapter are hereby amended to read, respectively, as follows: 8 1. Upon receipt of such affidavit, and of any certificate so required, the board of elections shall determine upon such inquiry as it deems proper whether the applicant is a voter legally qualified to vote at such election, and if it finds he is not so qualified shall reject the application. An affidavit by any officer or employee of the board of elections or any police officer, sheriff or deputy sheriff, or a special deputy attorney-general appointed pursuant to the executive law, that he visited the premises claimed by the applicant as his residence and that he interrogated an inmate, housedweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to such applicant's residence therein or thereat, and that he was informed by one or more such persons, naming them, that they knew the persons residing upon such premises and that the applicant did not reside upon such premises thirty days before the election, shall be sufficient authority for a determination by the board that the applicant is not entitled to an absentee voter's ballot; but this provision shall not preclude the board from 4 Words “also, in the case of absence on account of duties, occupation or Business," new. Word "and" omitted. • Sentence to here new. The remainder of this sentence was formerly part of preceding sentence. 7 Remainder of section new. Words", and of any certificate so required," new. making such determination as the result of other inquiry. The board may, and if any member thereof shall so require, shall defer delivery of the ballot to the applicant until after the last day of registration and until it shall have ascertained that he is duly registered. of ballots. 2. Upon any such application, other than that of an inmate of a soldiers' and sailors' home, and except in the case of the occupations specifically enumerated in the preceding section, the board shall determine whether the duties, occupation or business of the applicant, as set forth in his affidavit, are of a nature ordinarily to require absence from the state or county or ordinarily to require traveling beyond the boundaries of the state or county, and shall determine, if they are found not to be of such a nature, whether the special circumstances, as set forth in the affidavit, are sufficient. 3. If the board shall find that the applicant is a qualified voter Delivery of the election district containing his residence as stated in his affidavit, and that his affidavit, and the accompanying certificate in the case of an inmate of a soldiers' and sailors' home,10 is sufficient, it shall, as soon as practicable after it shall have determined his right thereto, deliver to him, at the office of the board, or if he shall have so requested to a member of his family, or if he shall have so requested shall mail to him at an address in the United States designated by him, an absentee voter's ballot or set of ballots, and an envelope therefor. If the ballot or ballots are to be sent by mail, such determination shall be made at a time which will afford an opportunity for the transmission and due return of the ballot or ballots in the usual course of mail, depending on the location of the mailing address, and which will allow at least one secular day for marking the ballot or ballots, making the necessary affidavit and re-mailing; but the investigations shall be concluded and determinations made as to all applicants not later than the second Wednesday before election. amended. § 3. Section one hundred and twenty of such chapter is hereby $120 amended to read as follows: § 120. Envelopes for absentee voters' ballots. The board of elections shall furnish with each absentee voter's ballot an envelope. On one side of the envelope shall be printed: OFFICIAL BALLOT, ABSENTEE VOTER, Sentence to here new. 10 Words "and the accompanying certificate in the case of an inmate of a soldiers' and sailors' home," new. The date of the election, name of the county, number of assembly district, if any, and name of a city, if there be a separate ballot for city voters, shall be printed, and the name of voter, residence, name of town, number of ward and election district shall be written or stamped in by the board. On the reverse side of such envelope shall be printed the following oath: OATH OF ABSENTEE VOTER. ... I do swear (or affirm) that I will have been a citizen of the United States for ninety days and will be at least twenty-one years of age on the day of .... 19.., being the date of the next general election; that I will have been an inhabitant of the state of New York for one year next preceding the election and for four months preceding such election a resident of the county of ... and am a qualified voter residing at (street and number, if any) in the city or town of that I will be unavoidably absent from the state or county of my residence because of duties, occupation or business which require me to be elsewhere in the United States on the day of election; (or," because I am and on the day of election will be an inmate of a soldiers' and sailors' home;" if such is the case)" that I have not qualified nor do I intend to vote elsewhere than as set forth on the reverse side of this envelope; 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 election, and have not made any promise to influence the giving or withholding of any such vote; that I have not made or become directly or indirectly interested in any bet or wager depending upon the result of this election; and that I have not been convicted of bribery or any infamous crime, or, if so convicted, that I have been pardoned and restored to all the rights of a citizen. Voter must sign here, and notary public or other officer authorized by law to administer an oath, must administer and attest the oath. Subscribed and sworn to before me, this ... day of Notary Public. The envelope shall be gummed, ready for sealing, and shall have printed thereon, on the side opposite the oath, 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 board of elections not later than 11 Words "(or, 'because I am and on the day of election will be an inmate of a soldiers' and sailors' home;' if such is the case)," new. noon of the Friday before election day in order that his vote may be canvassed. 12In the case of an inmate of a soldiers' and sailors' home, the board of elections, before delivering the ballot and envelope, shall make the change above indicated in the form of oath, to fit such case, either by erasing and interlining or by printing a special form. § 4. This act shall take effect immediately. CHAPTER 447 AN ACT relating to the use of certain columns of the registers of voters in the year nineteen hundred and twenty-four. Became a law April 25, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Notwithstanding the provisions of section one hundred and sixty-five of the election law, for the year nineteen hundred and twenty-four, columns eight, nine and ten in the register of voters furnished in the year nineteen hundred and twentythree shall be used for entries for the fall primary and columns eleven, twelve and thirteen shall be used for entries for the spring primary. The board or commissioner of elections in each county, or the county clerk where there is no board of elections, shall notify the various inspectors of election in the county, prior to the next spring primary, regarding the use of such columns pursuant to this act. § 2. This act shall take effect immediately. CHAPTER 448 AN ACT to legalize and confirm the official acts of notaries public and commissioners of deeds. Became a law April 25, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: May 24, withstand Section 1. The official acts of every person as notary public or Acts since commissioner of deeds theretofore commissioned as such, which 1923, notacts have been performed since the twenty-fourth day of May, ing certain nineteen hundred and twenty-three,' so far as such acts may be irregularaffected, impaired or questioned by reason of any error or omis- ized. sion in the caption or venue, or elsewhere, in properly setting forth or designating the location where the instrument was acknowl 12 Remainder of section new. 1 See L. 1923, ch. 470. ities, legal |