New York Statutes § 5-601 Registration records; physically disabled voters

Statute Text

1. A physically disabled voter whose polling place is located in a building that is not accessible shall be entitled to vote in any other election district whose polling place is located in a building which is accessible, provided that the candidates and ballot proposals on the ballot in such other election district are the same as those on the ballot in the election district in which such voter resides.

2. A written application by a disabled voter to have his registration record transferred to an election district which has an accessible polling place shall be valid for an election occurring more than fourteen days after it is received by the board of elections and, if the voter is permanently disabled, for all subsequent elections. Such application may specify the election district to which the voter wishes his registration records transferred.

3. The board of elections shall keep all such applications from permanently disabled voters on file at its office. Not later than twelve days before each election, the board shall transfer the records of each voter for whom it has such an application and who continues to be registered from the address on such application to an election district in the polling place specified in such application. If the application does not specify such an election district, or if the election district so specified is not one to which such records properly may be transferred for such election, the board of elections shall transfer such record to the election district among those to which it may properly be transferred for such election, which is located in the accessible polling place closest to the residence of the applicant.

4. If such registration records are in the form of registration poll records, the board of elections, before transferring any such registration record, shall make a photocopy thereof. Such photocopies shall be kept on file in the offices of such board in case such registration poll record is lost.

5. Upon removing such a registration poll record from a poll ledger, the board of elections shall insert in such poll ledger, at the place where such registration poll record was filed, a form giving the name and address of the voter, stating that the registration poll record was moved pursuant to the provisions of this section and giving the number of the election district to which such registration poll record was moved and the location of the polling place for such election district.

6. If such registration records are kept in the form of computer generated registration lists, the board of elections at the time such registration record is transferred, shall cause to be entered on the computer generated registration at the place where such registration record would have appeared, the name and address of the voter but without the computer reproduced facsimile of the voter's signature and either a notation that such record was moved pursuant to the provisions of this section together with the number of the election district to which such record was moved and the location of the polling place for such election district or a notation stating where, in such computer generated registration list, such information is provided.

7. Not later than ten days before each election, the board of elections shall mail to each voter who has made application pursuant to the provisions of this section, by first class mail, information specifying the number and location of the election district to which his records have been transferred or that there is no election district to which such records may properly be transferred which is located in an accessible polling place.

8. If the board determines that there is no election district in an accessible polling place to which such voter's record may properly be transferred for a particular election, it shall treat the application of such voter as an application for an absentee ballot for such election and forthwith mail such absentee ballot to such voter at his residence address together with the notice required by subdivision seven of this section.

9. The board of elections shall compile a list, arranged by election districts of residence, of the names and addresses of all voters whose registration records have been moved pursuant to the provisions of this section and the number of the election district to which such registration record was moved. Not later than six days before election day, the board of elections shall send a copy of such list to the county chairman of each party. Such list shall be a public record at the office of such board of elections.

10. The state board of elections shall prescribe a standard form of application for use under this section and all forms necessary to carry out the provisions of this section.

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