BOSTON (AP) — Former Boston Mayor Thomas Menino cast an absentee ballot shortly before his death Thursday, but it won’t count under state law.

Menino, 71, passed away five days before the Nov. 4 general election. He will lie in state at the city’s historic Faneuil Hall on Sunday and he will have a private burial Monday in his Hyde Park neighborhood.

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Menino spokeswoman Dot Joyce confirmed Friday that he cast the mail ballot but declined to provide further details, adding that voting and elections were important to the city’s longest serving mayor.

Chapter 54, Section 100 of the state General Laws states that a mail ballot cannot be counted if election officers know the voter died before polls open on election day.

A spokeswoman for Mayor Martin Walsh’s office confirmed the ballot has already been excluded.

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Absentee ballots are cast by those unable to go to polling locations on Election Day, either because they will be out of town, have a physical disability or their religious beliefs prevent them for going to the polls.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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