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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jun 16, 2016 |
referred to rules delivered to senate passed assembly |
| May 11, 2016 |
amended on third reading (t) 3389b |
| Apr 11, 2016 |
amended on third reading (t) 3389a |
| Jan 06, 2016 |
ordered to third reading cal.150 returned to assembly died in senate |
| Feb 25, 2015 |
referred to elections delivered to senate passed assembly |
| Feb 19, 2015 |
advanced to third reading cal.34 |
| Feb 09, 2015 |
reported |
| Jan 22, 2015 |
referred to election law |
Assembly Bill A3389B
2015-2016 Legislative Session
Enacts the voter friendly ballot act; repealer
download bill text pdfSponsored By
KAVANAGH
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Andrew Hevesi
Crystal Peoples-Stokes
Linda Rosenthal
Michelle Schimel
Donna Lupardo
Dan Quart
David Buchwald
Ellen C. Jaffee
David Weprin
William Colton
Phil Steck
Thomas Abinanti
multi-Sponsors
Richard Gottfried
N. Nick Perry
Robert J. Rodriguez
2015-A3389 - Details
2015-A3389 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3389
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
Introduced by M. of A. KAVANAGH, HEVESI, PEOPLES-STOKES, ROSENTHAL,
SCHIMEL, LUPARDO, QUART, BUCHWALD, JAFFEE, WEPRIN, COLTON, STECK --
Multi-Sponsored by -- M. of A. BROOK-KRASNY, GOTTFRIED, PERRY, RODRI-
GUEZ -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to enacting the voter
friendly ballot act; and to repeal section 7-126 of such law relating
to the form of ballots
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "voter friendly ballot act".
S 2. Paragraph a of subdivision 3 and paragraph b of subdivision 4 of
section 7-102 of the election law, as added by chapter 371 of the laws
of 1990, are amended to read as follows:
a. In the event that a candidate in a primary election believes that
the name of another candidate for the same office or position at such
election is sufficiently similar to his OR HERS so as to cause confusion
among the voters, such candidate may, not later than five days after the
last day to file the certificates or petitions of designation, file with
the board of elections with which such certificates or petitions of
designation are filed, a request that such board determine that such a
sufficient similarity exists.
b. Each candidate for an office or position for which such numbers are
assigned may file with such board, not later than fourteen days after
such determination, any or all of the information permitted by paragraph
a of this subdivision in the form in which such candidate wishes such
information to appear in such leaflet. If such board determines that
such filing does not comply with the requirements of this subdivision,
it shall notify such candidate forthwith by first class mail. Such
candidate may file revised information with such board not later than
ten days after such notice was mailed. If a candidate does not make a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04422-01-5
A. 3389 2
filing within the times prescribed by this paragraph, the words "no
information supplied" shall appear next to his OR HER name on such leaf-
let.
S 3. Section 7-104 of the election law, as amended by chapter 165 of
the laws of 2010, is amended to read as follows:
S 7-104. Ballots; form of, voting machine. 1. All ballots shall be
printed and/or displayed in a format and arrangement, of such uniform
size and style as will fit the ballot [frame], and shall be in as plain
and clear a type or display as the space will reasonably permit, USING
ONLY SANS SERIF PRINT FONTS. Such type or display on the ballot shall
satisfy all requirements and standards set forth pursuant to the federal
Help America Vote Act.
2. The names of parties or independent bodies which contain more than
fifteen letters may, whenever limitations of space so require, be print-
ed on the ballot in an abbreviated form. In printing the names of candi-
dates whose full names contain more than fifteen letters, only the
surname must be printed in full. The officer or board charged with the
duty of preparing the ballots shall request each such candidate to indi-
cate, in writing, the shortened form in which, subject to this
restriction, his OR HER name shall be printed. If no such indication is
received from such candidate within the time specified in the request,
such officer or board shall make the necessary determination.
3. (a) The party name or other designation, and a designating letter
and number shall be affixed to the name of each candidate, or, in case
of presidential electors, to the names of the candidates for president
and vice-president of such party, EXCEPT IN THE CITY OF NEW YORK A
DESIGNATING LETTER AND NUMBER NEED NOT BE SO AFFIXED ON A BALLOT FOR A
PRIMARY ELECTION.
(b) The titles of offices may be arranged horizontally, with the names
of candidates for an office and the slot or device for write-in ballots
for such office arranged vertically under the title of the office, or
the titles of offices may be arranged vertically, with the names of
candidates for an office and the slot or device for write-in ballots for
such office arranged horizontally opposite the title of the office.
(c) Each office shall occupy as many columns or rows on the machine as
the number of candidates to be elected to that office.
4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing generally the names of candidates nominated by such party or inde-
pendent body for other offices except as hereinafter provided.
(b) When the same person has been nominated for an office to be filled
at the election by more than one party, the voting machine shall be so
adjusted that his or her name shall appear in each row or column
containing generally the names of candidates for other offices nominated
by any such party.
(c) If such candidate has also been nominated by one or more independ-
ent bodies, his or her name shall appear only in each row or column
containing generally the names of candidates for other offices nominated
by any such party and the name of each such independent body shall
appear in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing ballots, or if such person shall fail to so designate, the names of
such independent bodies shall appear in such row or column as such offi-
cer or board shall determine.
(d) If any person shall be nominated for any office by one party and
two or more independent bodies his or her name shall appear on the
A. 3389 3
voting machine twice; once in the row or column containing generally the
names of candidates for other offices nominated by such party, and once
in the row or column containing generally the names of candidates nomi-
nated by the independent body designated by such person in a writing
filed with the officer or board charged with the duty of providing
ballots and in connection with the name of such person in such row or
column shall appear the name of each independent body nominating him or
her or, if such person shall fail to so designate, the name of such
candidate and the names of such independent bodies shall appear in such
row or column as such officer or board shall determine.
(e) If any person is nominated for any office only by more than one
independent bodies, his or her name shall appear but once upon the
machine in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing ballots, or if the candidate shall fail to so designate, in the
place designated by the officer or board charged with the duty of
providing ballots, and in connection with his or her name there shall
appear the name of each independent body nominating him or her, but,
where the capacity of the machine will permit, the name of such person
shall not appear or be placed in a column or on a horizontal line with
the names of persons nominated by a party for other offices.
5. Notwithstanding the provisions of subdivision four of this section,
the name of a person who is nominated for the office of governor, or
state senator, or member of assembly, shall appear on the ballot as many
times as there are parties or independent bodies nominating him or her,
and there shall be a separate voting and registering device at each
place in which such name shall appear.
6. If any type of machine used in any county or city contains any
feature, the use of which is neither required nor prohibited by the
provisions of this chapter, the board of elections may, by resolution,
require that one or more of such features shall be used in such county.
Thereafter all machines of such type used in such county or city shall
be operated in conformity with any such resolution. Any such resolution
may thereafter be rescinded by such board and after being so rescinded
may be re-adopted. Once re-adopted by any board of elections, such a
resolution may not be rescinded again by such board.
7. The ballot shall have printed upon it in black ink for each party
or independent row, at the head of the column or the beginning of the
row containing the names of candidates, [the image of a closed fist with
index finger extended pointing to the party or independent row. In the
same space, in black letters as large as the space will permit, shall be
printed] the name of the party or independent body [and at the right of
the fist and below the index finger shall be printed in black ink the
emblem] and the designating [letters] LETTER of the row or column.
8. With respect to candidates for the offices of governor and lieuten-
ant governor of a party or independent body, ballots shall be printed so
that the names of such candidates for both offices shall appear in the
same row or column, with the name of the candidate for governor appear-
ing first and the ballot shall be so adjusted that both offices are
voted for jointly and have but one designating letter or number.
S 4. Section 7-106 of the election law, the section heading and subdi-
visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
as renumbered by chapter 165 of the laws of 2010, is amended to read as
follows:
S 7-106. [Election day paper ballots; form of] BALLOTS; FORM OF, FOR
BALLOT SCANNERS; GENERAL, PRIMARY, OR SPECIAL ELECTIONS. 1. Paper
A. 3389 4
ballots which are to be counted by a ballot scanner may consist of two
or more sheets which are divided into perforated sections which can be
separated at the time the ballot is scanned. Such ballots shall be
printed on paper of a quality, size, color, and weight approved by the
state board of elections, AND SHALL BE CLEARLY DISTINGUISHABLE FROM
SAMPLE BALLOTS BY SIZE, COLOR, OR OTHER MEANS.
2. [All paper ballots of the same kind for the same polling place
shall be identical. A different, but in each case uniform style and size
of type, shall be used for printing the names of candidates, the titles
of offices, political designations, and the reading form of all ques-
tions submitted. The names of candidates shall be printed in capital
letters in black-faced type.] BEFORE EACH STATEWIDE ELECTION, THE STATE
BOARD OF ELECTIONS SHALL PUBLISH AND DISTRIBUTE TO THE COUNTY BOARDS OF
ELECTIONS A SAMPLE MASTER TEMPLATE OF THAT PORTION OF THE BALLOT WHICH
RELATES TO STATEWIDE OFFICES.
3. ALL TYPE SHALL BE SANS SERIF. NAMES OF CANDIDATES SHALL BE IN A
UNIFORM STYLE AND SIZE OF TYPE USING STANDARD CAPITALIZATION. TITLES OF
OFFICES SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE. POLITICAL DESIG-
NATIONS SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE. THE FORM OF ALL
QUESTIONS SUBMITTED SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE.
4. Each ballot shall be printed on the sheet with a stub which shall
be separated therefrom by a line of perforations extending across the
entire ballot. On the face of the stub shall be printed "No........" the
blank to be filled with consecutive number of ballots beginning with
"No. 1", and increasing in regular numerical order.
[4.] 5. On such ballot shall be printed the following indorsement, the
blanks properly filled in:
Official Ballot for (General, Primary or Special, as applica-
ble)
Election
County of ........................
(Assembly or Legislative, as applicable) District
.....................
(Ward and City or town .................., as applica-
ble)............
Election District ...........................
(Insert date of election.)
(Insert names of election commissioners providing the ballot.)
[5. The following ballot instructions shall be printed in heavy black
type:
INSTRUCTIONS
(1) Mark only with a writing instrument provided by the board of
elections.
(2) To vote for a candidate whose name is printed on this ballot fill
in the (insert oval or square, as applicable) above or next to the name
of the candidate.
(3) To vote for a person whose name is not printed on this ballot
write or stamp his or her name in the space labeled "write-in" that
appears (insert at the bottom of the column, the end of the row or at
the bottom of the candidate names, as applicable) for such office (and,
if required by the voting system in use at such election, the
instructions shall also include "and fill in the (insert oval or square,
A. 3389 5
as applicable) corresponding with the write-in space in which you have
written in a name").
(4) To vote yes or no on a proposal, if any, that appears on the
(indicate where on the ballot the proposal may appear) fill in the
(insert oval or square, as applicable) that corresponds to your vote.
(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, party position or proposal.
(7) If you tear, or deface, or wrongly mark this ballot, return it and
obtain another. 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 replace-
ment ballot upon return of the original ballot.
(8) After completing your ballot, insert it into the ballot scanner
and wait for the notice that your ballot has been successfully scanned.
If no such notice appears, seek the assistance of an election inspector.
6. The instructions in subdivision five of this section 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 the other side" or
"See enclosed instructions", whichever is appropriate.
7. Each such ballot shall be printed in sections in which the candi-
dates' names and political designations, the ballot proposals and other
requisite matter shall each be boxed in by heavy black perpendicular
lines of equal width. In each such section shall be voting ovals or
squares which voters may fill in. If applicable, ovals or squares shall
be provided next to the blank spaces provided for a voter to write in a
name.
8. The space for the title of an office shall be three-eighths of an
inch, and the name of a candidate or for writing in a name, one-fourth
of an inch, in depth. At the left of the name of each designated candi-
date shall be an enclosed voting space, three-eighths of an inch in
width and approximately one-fourth of an inch in depth, bounded above,
below and to the right by black lines, heavier than those which separate
the spaces containing the names of candidates. To the left of voting
spaces which do not adjoin a vertical line dividing two parts, there
shall be a heavy black vertical line approximately one-eighth of an inch
in width. No voting space shall be provided in the space for writing in
names. In such case, the space corresponding to a voting space shall be
all black.
9. Below the names of the candidates for each office or position there
shall be printed as many blank spaces, for writing in names of persons
for whom the voter desires to vote, as there are persons to be nominated
or elected.
10. In case the sections shall be so numerous as to make the ballot
unwieldy if they are printed in one column, they may be printed in as
many columns as shall be necessary, and in that case, in order to
produce a rectangular ballot, blank sections may be used.]
6. EACH BALLOT SHALL CONTAIN INSTRUCTIONS FOR MARKING THE BALLOT. THE
INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER THAN FIVE INCHES.
A. 3389 6
THE TEXT SHALL BE SUBSTANTIALLY AS FOLLOWS, SO THAT IT ACCURATELY
REFLECTS THE BALLOT LAYOUT:
INSTRUCTIONS
MARK THE (INSERT "OVAL" OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR
CHOICE. (PROVIDE ILLUSTRATION HERE.) TO VOTE FOR A CANDIDATE WHOSE NAME
IS NOT PRINTED ON THE BALLOT, (INSERT "MARK THE OVAL (OR SQUARE) TO THE
LEFT OF 'WRITE-IN' AND PRINT THE NAME CLEARLY" OR "PRINT THE NAME CLEAR-
LY IN THE BOX LABELED 'WRITE-IN'"), STAYING WITHIN THE BOX. ANY MARK,
WRITING, OR ERASURE OUTSIDE THE SPACES PROVIDED FOR VOTING WILL VOID THE
ENTIRE BALLOT. THE NUMBER OF CHOICES IS LISTED FOR EACH CONTEST. DO NOT
MARK THE BALLOT FOR MORE CANDIDATES THAN ALLOWED. IF YOU DO, YOUR VOTE
IN THAT CONTEST WILL NOT COUNT. IF YOU MAKE A MISTAKE, OR WANT TO CHANGE
YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT.
7. THE STATE BOARD OF ELECTIONS SHALL PROVIDE LINE DRAWING ILLUS-
TRATIONS TO SUPPLEMENT THESE INSTRUCTIONS. AT A MINIMUM, AN ILLUSTRATION
OF THE CORRECT WAY TO MARK THE BALLOT SHALL BE PROVIDED, BUT NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO LIMIT THE BOARD IN PROVIDING ADDI-
TIONAL ILLUSTRATIONS.
8. WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT, INSTRUCTIONS
SUBSTANTIALLY LIKE THE FOLLOWING SHALL BE INCLUDED ON THE BALLOT NEAR
THE FIRST QUESTION OR PROPOSAL:
INSTRUCTIONS FOR VOTING FOR QUESTIONS AND PROPOSALS
TO VOTE ON A QUESTION OR PROPOSAL, MARK THE (INSERT "OVAL" OR
"SQUARE") TO THE LEFT OF YOUR CHOICE. IF YOU MAKE A MISTAKE, OR WANT TO
CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT.
9. WHEN A QUESTION OR PROPOSAL APPEARS ON THE BACK OF THE BALLOT,
THERE SHALL APPEAR ON THE FRONT OF THE BALLOT WORDS OR A SYMBOL INDICAT-
ING THAT THE VOTER SHOULD TURN OVER THE BALLOT.
10. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY WITH THE
FOLLOWING SPECIFICATIONS:
A. THE INSTRUCTIONS IN SUBDIVISION SIX OF THIS SECTION SHALL BE PRINT-
ED IN THE UPPER LEFT HAND CORNER OF THE FRONT OF THE BALLOT;
B. ALL TEXT, INCLUDING THE TITLE OF EACH OFFICE AND THE NAME OF EACH
CANDIDATE, SHALL BE PRINTED FLUSH LEFT AND SHALL NOT BE CENTERED ON THE
BALLOT OR IN ANY COLUMN OR ROW APPEARING ON THE BALLOT;
C. THE VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE
CANDIDATE;
D. ALL TEXT, INCLUDING THE NAME OF EACH CANDIDATE AS PROVIDED IN
SUBDIVISION THREE OF THIS SECTION, SHALL BE PRINTED USING STANDARD
CAPITALIZATION IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY THE STATE
BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPITAL LETTERS;
E. THE NAME OF EACH CANDIDATE SHALL BE PRINTED USING A FONT SIZE OF
NOT LESS THAN TWELVE POINTS OR ONE SIXTH OF AN INCH;
F. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARIATIONS
FOR ALL TEXT NEEDS;
G. THE BALLOT SHALL HAVE A CLEAR DELINEATION BETWEEN THE BALLOT
INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH
THE USE OF WHITE SPACE, ILLUSTRATION, SHADING, COLOR, FONT SIZE, OR BOLD
TYPE;
H. COLOR AND SHADING SHALL BE USED CONSISTENTLY, SO AS TO DIFFEREN-
TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION;
I. "VOTE FOR ONE" OR "VOTE FOR UP TO ......" (THE BLANK SPACE TO BE
FILLED WITH THE NUMBER OF PERSONS TO BE NOMINATED FOR THE OFFICE OR
ELECTED TO THE POSITION), AS APPLICABLE, SHALL BE PRINTED IMMEDIATELY
BELOW EACH OFFICE TITLE APPEARING ON THE BALLOT;
A. 3389 7
J. ABOVE, BELOW, OR TO THE RIGHT OF THE NAME OF EACH CANDIDATE, SHALL
BE PRINTED, IN LESS PROMINENT TYPE FACE THAN THAT IN WHICH THE CANDI-
DATE'S NAME IS PRINTED, THE NAME OF THE POLITICAL PARTY OR INDEPENDENT
BODY BY WHICH THE CANDIDATE WAS NOMINATED OR DESIGNATED;
K. NO PARTY EMBLEMS SHALL BE PRINTED ON THE BALLOT;
L. THE NAMES OF CANDIDATES FOR THE SAME OFFICE SHALL APPEAR ON THE
SAME PAGE AND IN THE SAME COLUMN(S) OR ROW(S) OF THAT PAGE OF A PRINTED
BALLOT, AND MAY NOT BE SEPARATED BY A PERFORATION.
11. The names of parties or independent bodies which contain more
than fifteen letters may, whenever limitations of space so require, be
printed on the ballot in an abbreviated form. In printing the names of
candidates whose full names contain more than fifteen letters, only the
surname must be printed in full. The officer or board charged with the
duty of preparing the ballots shall request each such candidate to indi-
cate, in writing, the shortened form in which, subject to this
restriction, his OR HER name shall be printed. If no such indication is
received from such candidate within the time specified in the request,
such officer or board shall make the necessary determination. [No emblem
shall occupy a space longer in any direction than the voting square to
which it relates.]
S 5. The section heading and subdivision 3 of section 7-108 of the
election law are amended to read as follows:
Ballots; form for GENERAL elections; ADDITIONAL REQUIREMENTS.
[3. In every instance where multiple casting of votes is permitted for
two or more candidates for the same office or position, the instruction
on the ballot or machine shall read "Vote for any.........", (the blank
space to be filled with the number of persons to be nominated for the
office or elected to the position).]
S 6. Section 7-110 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
S 7-110. Ballots; form for ballot proposals; ADDITIONAL REQUIREMENTS.
Ballot proposals shall appear on the voting machine or ballot in a sepa-
rate section. At the left of, or below or above, each proposal shall
appear [two voting levers or] two voting [squares, each at least one-
half inch square] POSITIONS. Next to the first [lever or square] VOTING
POSITION shall be printed the word "Yes," and next to the second [lever
or square] VOTING POSITION shall be printed the word "No." The proposals
shall be numbered consecutively on the voting machine or ballot. The
number of each proposal shall appear in front of its designation as an
amendment, proposition or question in the following form: "Proposal
one, an amendment; proposal two, a proposition; proposal three, a ques-
tion".
S 7. Section 7-114 of the election law, as amended by chapter 234 of
the laws of 1976, paragraph (c) of subdivision 1 as amended by chapter
433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
chapter 461 of the laws of 1977, is amended to read as follows:
S 7-114. Ballots; form for primary election; ADDITIONAL REQUIREMENTS.
1. (a) [The] ON THE face of the official ballot for a primary election
[shall be divided into parts. Descriptive words to indicate the purpose
of each part shall be printed at its head. Beginning at the left or top,
the first part shall be entitled, and shall be for "Candidates] CONTESTS
AND CANDIDATES for nomination for public office[". The second part shall
be entitled, and shall be for "Candidates] SHALL APPEAR FIRST, FOLLOWED
BY CONTESTS AND CANDIDATES for party positions.[" When necessary, a part
may be divided into two or more columns or rows, but the] THE names of
A. 3389 8
all persons designated for the same office or party position shall be in
the same column or row.
(b) [In each part shall be printed the titles of the offices or party
positions, as the case may be, for which the part is to be used, and
under each such title shall be printed the names of the designated
candidates for the office or position.
(c)] Where a candidate for nomination for the same public office or
for election to the same party position is designated by two or more
petitions, his OR HER name shall be placed upon the ballot for the
primary election but once as such a candidate.
[(d)] (C) The ballot shall not contain a space for voting for candi-
dates for uncontested offices and positions, and no ballot shall be
printed for a party whose primary is uncontested unless a petition for
opportunity to ballot has been filed.
2. (a) The paper ballot for a primary election shall conform to the
form for paper ballots set forth in this article with respect to quality
and weight of paper, perforated line, and number on the stub [on the
back of the ballot].
(b) [On the back of the paper ballot, on the stub, immediately below
the number, shall be the name of the party. On the back of the ballot
and below the stub, and immediately to the left of the center of the
ballot, and on the front of the ballot, below the perforated line, shall
be printed, in addition to the other information required for paper
ballots, the name and emblem of the party and the words "Official prima-
ry ballot."
(c) On the front of the stub, above the perforated line at the top of
the paper ballot shall be printed the same instructions as on the gener-
al election ballot.
(d) The parts of the paper ballot below such heavy black horizontal
line shall be separated by a heavy black vertical line or lines, one-
fourth of an inch in width. Descriptive words to indicate the purpose of
each part shall be printed at its head, below the heavy black horizontal
line. Immediately below such captions shall be printed two light paral-
lel horizontal lines approximately one-sixteenth of an inch apart,
extending across each part.
(e) The names of candidates on paper ballots shall be numbered with
arabic numerals printed in heavy faced type beginning with "one" for the
first candidate named in the first part and continuing in numerical
order to and including the last candidate named in the last part, except
that where two or more candidates are to be elected to a party position,
the names of candidates designated by each petition shall be grouped,
and each group shall have but one number, which shall be printed oppo-
site the approximate center of the group.
(f) The] EXCEPT IN THE CITY OF NEW YORK, THE number of a candidate
shall be printed on the paper ballot between the voting space and the
name of the candidate. Each group shall have a bracket embracing the
names in the group. IN THE CITY OF NEW YORK, TWO OR MORE CANDIDATES
RUNNING TO BE ELECTED TO A PARTY POSITION AS A GROUP MAY BE REFERRED TO
COLLECTIVELY ON THE BALLOT AS A "GROUP."
[(g)] (C) Spaces containing names of candidates and for writing in
names, and intervening spaces on the paper ballot, shall be separated by
light horizontal lines. [Names of candidates shall be printed in capital
letters not less than one-eighth nor more than three-sixteenths of an
inch in height.
(h)] (D) The paper ballots of no two parties shall be IDENTIFIED BY
the same color OR COLOR MARKINGS, and the state board of elections
A. 3389 9
shall select the color for each new party[, and not later than twelve
weeks before a primary election, shall transmit to each board of
elections]. THE STATE BOARD OF ELECTIONS SHALL INCLUDE WITH THE BOARD'S
BALLOT CERTIFICATION a certificate stating the colors so selected.
S 8. Subdivisions 2, 3 and 4 of section 7-116 of the election law,
subdivision 2 as amended by chapter 234 of the laws of 1976 and subdivi-
sion 3 as amended by chapter 9 of the laws of 1978, are amended to read
as follows:
2. The officer or board who or which prepares the ballot shall deter-
mine the order in which shall appear, below the names of party candi-
dates the nominations made only by independent bodies. Such officer or
board also shall determine the order in which shall be printed, in a
section of such ballot the names of two or more candidates nominated by
one party or independent body, for an office to which two or more
persons are to be elected; provided, however, that any such candidate
may, by a writing filed with such board or officer not later than one
week after the adjournment of the convention or one week after the
primary election nominating him OR HER, or otherwise not later than two
days after the filing of the petition or certificate nominating him OR
HER, demand that such order be determined by lot, and in that case such
order shall be so determined, upon two days notice by mail given by such
board or officer to each candidate for such office. The state board of
elections shall perform the duties required by this subdivision in all
cases affecting nominations filed in its office.
3. The officer or board with whom or which are filed the designations
for a public office or party position shall determine by lot, upon two
days notice by mail given by such board or officer to each candidate for
such office or position and to the committee, if any, named in the
designating petition, the order in which shall be printed on the offi-
cial primary ballot, under the title of the office or position, the
names of candidates for public office, the names of candidates for a
party position to which not more than one person is to be elected, and
the groups of names of candidates for party position where two or more
persons are to be elected thereto and any petition designates two or
more persons therefor, provided, however, that whenever groups of names
for more than one party position are designated by the same petition,
the order in which they shall be printed on the official primary ballot
shall be determined by a single lot. Candidates for [delegate or deleg-
ates] DELEGATE(S) and alternate [delegate or delegates] DELEGATE(S) to
conventions designated by the same petition shall, for the purpose of
this subdivision, be treated as one group. The names of candidates, if
any, for a party position to which two or more persons are to be
elected, who are designated by individual petitions and not in a group
shall be printed below such group or groups, in such order between them-
selves, as such officer or board shall determine by lot upon the notice
specified in this subdivision. The names within a group of candidates
designated for party position by one petition shall be printed in the
same order in which they appear in the petition, unless they appear in a
different order on different pages of the petition, in which case their
order within the group shall be determined by such officer or board by
lot upon the notice specified in this subdivision. Candidates for
members of a state committee designated by a single petition shall, for
the purposes of this subdivision, be treated as one group. However, the
notice to a committee of the drawing need not be mailed to more than
five members, if there be that many, and as to offices or party posi-
tions for which designating petitions are filed with the board of
A. 3389 10
elections of the city of New York the notice shall be given to the
committees only.
4. If a vacancy in a designation or nomination be filled after the
making, in the manner provided in this section, of a determination of
the order in which the names of candidates for the office or position
are to be printed, the name of the candidate designated or nominated to
fill such vacancy shall be printed in the place so determined for the
original candidate, PROVIDED SUCH PLACEMENT IS CONSISTENT WITH THE
REQUIREMENTS FOR BALLOT CONSTRUCTION SET FORTH IN THIS ARTICLE.
S 9. Section 7-118 of the election law, as amended by chapter 157 of
the laws of 1996, is amended to read as follows:
S 7-118. Ballots; facsimile and sample. 1. The board of elections
shall provide facsimile and sample ballots which shall be arranged in
the form of a diagram showing such part of the face of the voting
machine OR BALLOTS as shall be in use at that election. Such facsimile
and sample ballots shall be [either in full or reduced size] DISTIN-
GUISHABLE FROM THE BALLOT BY SIZE, COLOR, OR OTHER MEANS and shall
contain suitable illustrated directions for voting on the voting machine
OR BALLOT.
2. Such facsimile ballots shall be mounted and displayed for public
inspection at each polling place during election day.
3. Sample ballots may be mailed by the board of elections to each
eligible voter at least three days before the election, or in lieu ther-
eof, a copy of such sample ballot may be published at least once within
one week preceding the election in newspapers [representing the major
political parties] OR ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS.
4. One copy of such facsimile shall be sent to each school in the
county, providing the ninth through the twelfth years of compulsory
education, and in the city of New York to each such school in the city
of New York, at least one week before each general election for posting
at a convenient place in such school. The board of elections shall also
send a facsimile ballot to any other school requesting such a ballot.
IN THE ALTERNATIVE, THE REQUIREMENTS OF THIS SUBDIVISION MAY BE FULLY
SATISFIED BY PUBLISHING SUCH FACSIMILE ON A WEBSITE MAINTAINED BY THE
BOARD OF ELECTIONS AND NOTIFYING EACH SUCH SCHOOL OF SUCH PUBLICATION.
S 10. Subdivision 1 of section 7-120 of the election law is amended to
read as follows:
1. If any voting machine OR SYSTEM for use in any election shall
become out of order during an election it shall, if possible, be
repaired or another machine OR SYSTEM substituted as promptly as possi-
ble. In case such repair or substitution cannot be made, emergency
ballots, printed or written, and of any suitable form, SHALL BE PROVIDED
BY THE BOARD OF ELECTIONS AND may be used for the taking of votes.
S 11. Section 7-122 of the election law, subdivision 1 as amended by
chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
(d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by
chapter 165 of the laws of 2010, subdivision 7 as amended by chapter 9
of the laws of 1978, and subdivisions 6 and 7 as renumbered by chapter
352 of the laws of 1986, is amended to read as follows:
S 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.
A. 3389 11
(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 and properly filled in:
Official Absentee Ballot for (General, Primary or Special, as applica-
ble)
Election
County of......................
(Assembly or Legislative, as applicable) District................
(Ward and City or town, as applicable)...........................
(Insert date of election)
(Insert names of election commissioners providing the ballot)
(d)] On the front of the ballot prepared for counting by hand, [shall
be printed in heavy black type the following instructions] THE
INSTRUCTIONS FOR MARKING THE BALLOT SHALL BE SUBSTANTIALLY AS FOLLOWS,
SO THAT IT ACCURATELY REFLECTS THE BALLOT LAYOUT:
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 check, 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 his or her name in the space that appears at the bottom of the
column or the end of the row (indicate where on the ballot the write-in
space appears) containing 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, party position or proposal.
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 replace-
ment ballot upon return of the original ballot.] MARK THE (INSERT "OVAL"
OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR CHOICE. (PROVIDE ILLUS-
TRATION HERE.) TO VOTE FOR A CANDIDATE WHOSE NAME IS NOT PRINTED ON THE
BALLOT, (INSERT "MARK THE OVAL (OR SQUARE) TO THE LEFT OF 'WRITE-IN' AND
PRINT THE NAME CLEARLY" OR "PRINT THE NAME CLEARLY IN THE BOX LABELED
'WRITE-IN'"), STAYING WITHIN THE BOX. ANY MARK, WRITING, OR ERASURE
OUTSIDE THE SPACES PROVIDED FOR VOTING WILL VOID THE ENTIRE BALLOT. IF
YOU MAKE A MISTAKE OR WANT TO CHANGE YOUR VOTE, CALL THE BOARD OF
ELECTIONS AT (INSERT PHONE NUMBER HERE) FOR INSTRUCTIONS ON HOW TO
OBTAIN A NEW BALLOT. YOU HAVE A RIGHT TO A REPLACEMENT BALLOT UPON
RETURN OF THE ORIGINAL BALLOT. THE NUMBER OF CHOICES IS LISTED FOR EACH
A. 3389 12
CONTEST. DO NOT MARK THE BALLOT FOR MORE CANDIDATES THAN ALLOWED. IF YOU
DO, YOUR VOTE IN THAT CONTEST WILL NOT COUNT.
(C) WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT,
INSTRUCTIONS SUBSTANTIALLY SIMILAR TO THOSE PROVIDED IN SUBDIVISION SIX
OF SECTION 7-106 OF THIS ARTICLE SHALL BE INCLUDED.
(D) THE BALLOT PROPOSALS MAY BE ON THE BACK OF THE BALLOT, OR ON A
SEPARATE BALLOT.
2. [The following provisions shall apply to all absentee ballots
prepared for counting by a ballot scanner and all other] ALL provisions
of this chapter not inconsistent with this subdivision shall be applica-
ble to [such] ABSENTEE ballots PREPARED FOR COUNTING BY BALLOT SCANNER[:
(a) The party emblem need not be printed next to the name of each
candidate.
(b) The ballot proposals may be on the back of the ballot, or on a
separate ballot.
(c) The printed instructions to the voter shall read as follows:
INSTRUCTIONS
1. Mark only with a pen or pencil.
2. To vote for a candidate whose name is printed on this ballot, fill
in the (insert oval or square, as applicable) above or next to the name
of the candidate.
3. To vote for a person whose name is not printed on this ballot,
write or stamp his or her name in the space labeled "write-in" that
appears (insert at the bottom of the column or the end of the row, as
applicable) containing the title of the office and, if required by the
voting system in use at such election, the instructions shall also
include "and fill in the (insert oval or square, as applicable) corre-
sponding with the write-in space in which the voter has written a name."
4. To vote yes or no on a proposal, if any, that appears on the (indi-
cate where on the ballot the proposal may appear) fill in the (insert
oval or square, as applicable) that corresponds to your vote.
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, party position or proposal.
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 choic-
es, you may obtain and complete a new ballot. You have a right to a
replacement ballot upon return of the original ballot.
(d) 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.
(e) Such ballots which are to be counted by a ballot scanner may
consist of two or more sheets, which are divided into perforated
sections which can be separated at the time of canvassing].
3. The determination of the appropriate county board of elections as
to the candidates duly designated or nominated for public office or
A. 3389 13
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, desig-
nation or nomination is invalid and, in the event of such later determi-
nation, no vote cast for any such nominee by any voter shall be counted
at the election.
[5.] 4. THERE SHALL BE THREE ENVELOPES FOR EACH ABSENTEE BALLOT ISSUED
BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY BOARD OF ELECTIONS. The board of elections shall furnish with each
absentee ballot an inner affirmation envelope. On one side of the envel-
ope 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 ....................................
Legislative District (as applicable) .................
Ward (as applicable) .................................
Election District.....................................
Party Enrollment (in case of primary election)........
[6] 5. 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.] 6. There shall also be a place for two BOARD OF ELECTIONS STAFF
MEMBERS OR inspectors of opposite political parties to indicate, by
placing their initials thereon, that they have checked and marked the
voter's poll record.
[8.] 7. On the reverse side of such inner affirmation envelope shall
be printed the following statement:
AFFIRMATION
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 here-
tofore submitted; that I have not qualified nor do I intend to vote
A. 3389 14
elsewhere, that I have not committed any act nor am I under any imped-
iment 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 OR HER own
name)
.....................................
Address of Witness
[9.] 8. The inner affirmation envelope shall be gummed, ready for
sealing, and shall have printed thereon, on the side opposite the state-
ment, instructions as to the duties of the voter after the marking of
the ballot, which instructions shall include a specific direction stat-
ing when such ballot must be postmarked and when such ballot must reach
the office of the board of elections in order to be canvassed.
[10.] 9. Each INNER AFFIRMATION ballot envelope shall be enclosed in
an outer envelope addressed to the appropriate board of elections and
bearing on it a specific direction that if an original application for
an absentee ballot is received with the ballot, such application must be
completed by the voter and returned in the outer envelope together with
the sealed inner affirmation envelope containing the absentee ballot
within the time limits for receipt of the absentee ballot itself. Such
inner affirmation envelope and outer envelope shall be enclosed in [a]
THE third envelope addressed to the absentee voter. The outer and third
envelopes shall have printed on the face thereof the words "Election
Material--Please Expedite".
S 12. The opening paragraph of subdivision 3 of section 7-123 of the
election law, as amended by chapter 104 of the laws of 2010, is amended
to read as follows:
THERE SHALL BE THREE ENVELOPES FOR EACH MILITARY ABSENTEE BALLOT
ISSUED WHEN THE MILITARY VOTER'S PREFERRED METHOD OF TRANSMISSION IS "BY
MAIL": THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY BOARD OF ELECTIONS. The board of elections shall furnish an inner
affirmation envelope with each military ballot upon which envelope shall
be printed:
S 13. The opening and closing paragraphs of subdivision 2 of section
7-124 of the election law, as amended by chapter 104 of the laws of
2010, are amended to read as follows:
THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL FEDERAL ABSENTEE
BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER
PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
furnish an inner affirmation envelope with each special federal ballot
upon which envelope shall be printed:
A. 3389 15
I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.
Date.................20..... .....................................
Signature or mark of voter
.....................................
Signature of Witness (required only
if voter does not sign his OR HER own
name)
.....................................
Address of Witness
S 14. Subdivisions 2 and 3 of section 7-125 of the election law,
subdivision 3 as amended by chapter 235 of the laws of 2000, are amended
to read as follows:
2. THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL PRESIDENTIAL ABSEN-
TEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A
VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
furnish with each special presidential ballot an envelope. On one side
of the envelope shall be printed:
OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS,
FOR GENERAL ELECTION,
NOVEMBER......., [19] 20....
Name of voter ..........................................................
Residence from which vote is being cast:
Street and number ......................................................
City or town ...........................................................
County .................................................................
Assembly District or Ward ..............................................
Election District ......................................................
The date of the election and name of the county shall be printed, and
the name of the voter, residence, name of the city or town, number of
ward or assembly district, if any, and election district shall be print-
ed, written or stamped in by the board.
3. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF SPECIAL PRESIDENTIAL VOTER
I do declare I am a qualified special presidential voter of said
district; that I am not qualified and am not able to qualify to vote
elsewhere than as set forth on the reverse side of this envelope; that I
am a citizen of the United States; that on the date of the election for
which this ballot is voted, I will be at least eighteen years of age;
and 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
A. 3389 16
false statement in the foregoing statement, 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 OR HER own
name)
.....................................
Address of Witness
S 15. Section 7-126 of the election law is REPEALED.
S 16. Section 7-128 of the election law is amended to read as follows:
S 7-128. Ballots; inspection of. 1. Each officer or board charged with
the duty of providing official ballots for an election shall have sample
ballots open to public inspection [five] TWENTY-EIGHT days before the
election for which they were prepared and the official ballots open to
such inspection [four] FOURTEEN days before such election [except that
the sample and official ballots for a village election held at a differ-
ent time from a general election shall be open to public inspection at
least two days before such election]. During the times within which the
ballots are open for inspection, such officer or board shall deliver to
each voter applying therefor a sample of the ballot which he OR SHE is
entitled to vote.
2. A. Each officer or board charged with the duty of preparing ballots
to be used [on voting machines] in any election shall give written
notice, by first class mail, to all candidates, except candidates for
member of the county committee, who are lawfully entitled to have their
names appear thereon, of the time when, and the place where, they may
inspect the [voting machines] BALLOTS to be used for such election. The
candidates or their designated representatives may appear at the time
and place specified in such notice to inspect such [machines] BALLOTS,
provided, however, that the time so specified shall be [not less than
two] NO LATER THAN FOURTEEN days [prior to the date of] BEFORE the
election AT WHICH THE BALLOTS WILL BE USED.
B. A candidate, whose name appears on the ballot [for an election
district] or his OR HER designated representative, may, in the presence
of the election officer attending the [voting machine] BALLOT, inspect
the [face of the machine] BALLOT to see that his OR HER ballot [label]
POSITION is in its proper place[, but at no time during the inspection
shall the booth be closed] OR PLACES.
3. EACH OFFICER OR BOARD CHARGED WITH THE DUTY OF PREPARING BALLOTS
TO BE USED WITH VOTING MACHINES OR SYSTEMS IN ANY ELECTION SHALL GIVE
WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL CANDIDATES, EXCEPT CANDI-
DATES FOR MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED TO
HAVE THEIR NAMES APPEAR THEREON, OF THE TIME WHEN, AND THE PLACE WHERE,
THEY MAY INSPECT THE VOTING MACHINES OR SYSTEMS TO BE USED FOR SUCH
ELECTION. THE CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY APPEAR
AT THE TIME AND PLACE SPECIFIED IN SUCH NOTICE TO VIEW THE CONDUCT OF
THE LOGIC AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON SUCH VOTING
MACHINES OR SYSTEMS, PROVIDED HOWEVER, THAT THE TIME SO SPECIFIED SHALL
BE NOT LESS THAN FIFTEEN DAYS PRIOR TO THE DATE OF THE ELECTION.
S 17. Section 7-130 of the election law is amended to read as follows:
A. 3389 17
S 7-130. Ballots; examination by voters and instruction in use of
voting machines. One or more voting machines which shall contain the
ballot labels, showing the [party emblems and] title of officers to be
voted for, and which shall so far as practicable contain the names of
the candidates to be voted for, shall be placed on public exhibition in
some suitable place by the board of elections, in charge of competent
instructors, for at least three days during the thirty days next preced-
ing an election. No voting machine which is to be assigned for use in an
election shall be used for such purpose after having been prepared and
sealed for the election. During such public exhibition, the counting
mechanism of the machine shall be concealed from view and the doors may
be temporarily opened only when authorized by the board or official
having charge and control of the election. Any voter shall be allowed to
examine such machine, and upon request shall be instructed in its use.
S 18. This act shall take effect immediately and shall apply to
ballots to be used for elections occurring on or after the first day of
July next succeeding the year in which it shall have become a law,
except that paragraph a of subdivision 10 of section 7-106 of the
election law, as added by section four of this act, shall apply to
ballots to be used in jurisdictions other than the counties of Albany,
Erie, Nassau, Rockland, and Schenectady or the city of New York counties
on or after the last day of December next succeeding the year in which
it shall have become a law.
co-Sponsors
Andrew Hevesi
Crystal Peoples-Stokes
Linda Rosenthal
Michelle Schimel
Donna Lupardo
Dan Quart
David Buchwald
Ellen C. Jaffee
David Weprin
William Colton
Phil Steck
Thomas Abinanti
Jo Anne Simon
Luis R. Sepรบlveda
Jeffrey Dinowitz
Michael Benedetto
Guillermo Linares
multi-Sponsors
Richard Gottfried
N. Nick Perry
Robert J. Rodriguez
2015-A3389A - Details
2015-A3389A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3389--A
Cal. No. 150
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
Introduced by M. of A. KAVANAGH, HEVESI, PEOPLES-STOKES, ROSENTHAL,
SCHIMEL, LUPARDO, QUART, BUCHWALD, JAFFEE, WEPRIN, COLTON, STECK,
ABINANTI -- Multi-Sponsored by -- M. of A. GOTTFRIED, PERRY, RODRIGUEZ
-- read once and referred to the Committee on Election Law -- advanced
to a third reading, amended and ordered reprinted, retaining its place
on the order of third reading
AN ACT to amend the election law, in relation to enacting the voter
friendly ballot act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "voter friendly ballot act".
S 2. Paragraph a of subdivision 3 and paragraph b of subdivision 4 of
section 7-102 of the election law, as added by chapter 371 of the laws
of 1990, are amended to read as follows:
a. In the event that a candidate in a primary election believes that
the name of another candidate for the same office or position at such
election is sufficiently similar to his OR HERS so as to cause confusion
among the voters, such candidate may, not later than five days after the
last day to file the certificates or petitions of designation, file with
the board of elections with which such certificates or petitions of
designation are filed, a request that such board determine that such a
sufficient similarity exists.
b. Each candidate for an office or position for which such numbers are
assigned may file with such board, not later than fourteen days after
such determination, any or all of the information permitted by paragraph
a of this subdivision in the form in which such candidate wishes such
information to appear in such leaflet. If such board determines that
such filing does not comply with the requirements of this subdivision,
it shall notify such candidate forthwith by first class mail. Such
candidate may file revised information with such board not later than
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04422-02-6
A. 3389--A 2
ten days after such notice was mailed. If a candidate does not make a
filing within the times prescribed by this paragraph, the words "no
information supplied" shall appear next to his OR HER name on such leaf-
let.
S 3. Section 7-104 of the election law, as amended by chapter 165 of
the laws of 2010, is amended to read as follows:
S 7-104. Ballots; form of, voting machine. 1. All ballots shall be
printed and/or displayed in a format and arrangement, of such uniform
size and style as will fit the ballot [frame], and shall be in as plain
and clear a type or display as the space will reasonably permit, USING
ONLY SANS SERIF PRINT FONTS. Such type or display on the ballot shall
satisfy all requirements and standards set forth pursuant to the federal
Help America Vote Act.
2. The names of parties or independent bodies which contain more than
fifteen letters may, whenever limitations of space so require, be print-
ed on the ballot in an abbreviated form. In printing the names of candi-
dates whose full names contain more than fifteen letters, only the
surname must be printed in full. The officer or board charged with the
duty of preparing the ballots shall request each such candidate to indi-
cate, in writing, the shortened form in which, subject to this
restriction, his OR HER name shall be printed. If no such indication is
received from such candidate within the time specified in the request,
such officer or board shall make the necessary determination.
3. (a) The party name or other designation, and a designating letter
and number shall be affixed to the name of each candidate, or, in case
of presidential electors, to the names of the candidates for president
and vice-president of such party, EXCEPT IN THE CITY OF NEW YORK A
DESIGNATING LETTER AND NUMBER NEED NOT BE SO AFFIXED ON A BALLOT FOR A
PRIMARY ELECTION.
(b) The titles of offices may be arranged horizontally, with the names
of candidates for an office and the slot or device for write-in ballots
for such office arranged vertically under the title of the office, or
the titles of offices may be arranged vertically, with the names of
candidates for an office and the slot or device for write-in ballots for
such office arranged horizontally opposite the title of the office.
(c) Each office shall occupy as many columns or rows on the machine as
the number of candidates to be elected to that office.
4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing generally the names of candidates nominated by such party or inde-
pendent body for other offices except as hereinafter provided.
(b) When the same person has been nominated for an office to be filled
at the election by more than one party, the voting machine shall be so
adjusted that his or her name shall appear in each row or column
containing generally the names of candidates for other offices nominated
by any such party.
(c) If such candidate has also been nominated by one or more independ-
ent bodies, his or her name shall appear only in each row or column
containing generally the names of candidates for other offices nominated
by any such party and the name of each such independent body shall
appear in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing ballots, or if such person shall fail to so designate, the names of
such independent bodies shall appear in such row or column as such offi-
cer or board shall determine.
A. 3389--A 3
(d) If any person shall be nominated for any office by one party and
two or more independent bodies his or her name shall appear on the
voting machine twice; once in the row or column containing generally the
names of candidates for other offices nominated by such party, and once
in the row or column containing generally the names of candidates nomi-
nated by the independent body designated by such person in a writing
filed with the officer or board charged with the duty of providing
ballots and in connection with the name of such person in such row or
column shall appear the name of each independent body nominating him or
her or, if such person shall fail to so designate, the name of such
candidate and the names of such independent bodies shall appear in such
row or column as such officer or board shall determine.
(e) If any person is nominated for any office only by more than one
independent bodies, his or her name shall appear but once upon the
machine in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing ballots, or if the candidate shall fail to so designate, in the
place designated by the officer or board charged with the duty of
providing ballots, and in connection with his or her name there shall
appear the name of each independent body nominating him or her, but,
where the capacity of the machine will permit, the name of such person
shall not appear or be placed in a column or on a horizontal line with
the names of persons nominated by a party for other offices.
5. Notwithstanding the provisions of subdivision four of this section,
the name of a person who is nominated for the office of governor, or
state senator, or member of assembly, shall appear on the ballot as many
times as there are parties or independent bodies nominating him or her,
and there shall be a separate voting and registering device at each
place in which such name shall appear.
6. If any type of machine used in any county or city contains any
feature, the use of which is neither required nor prohibited by the
provisions of this chapter, the board of elections may, by resolution,
require that one or more of such features shall be used in such county.
Thereafter all machines of such type used in such county or city shall
be operated in conformity with any such resolution. Any such resolution
may thereafter be rescinded by such board and after being so rescinded
may be re-adopted. Once re-adopted by any board of elections, such a
resolution may not be rescinded again by such board.
7. The ballot shall have printed upon it in black ink for each party
or independent row, at the head of the column or the beginning of the
row containing the names of candidates, [the image of a closed fist with
index finger extended pointing to the party or independent row. In the
same space, in black letters as large as the space will permit, shall be
printed] the name of the party or independent body [and at the right of
the fist and below the index finger shall be printed in black ink the
emblem] and the designating [letters] LETTER of the row or column.
8. With respect to candidates for the offices of governor and lieuten-
ant governor of a party or independent body, ballots shall be printed so
that the names of such candidates for both offices shall appear in the
same row or column, with the name of the candidate for governor appear-
ing first and the ballot shall be so adjusted that both offices are
voted for jointly and have but one designating letter or number.
S 4. Section 7-106 of the election law, the section heading and subdi-
visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
as renumbered by chapter 165 of the laws of 2010, is amended to read as
follows:
A. 3389--A 4
S 7-106. [Election day paper ballots; form of] BALLOTS; FORM OF, FOR
BALLOT SCANNERS; GENERAL, PRIMARY, OR SPECIAL ELECTIONS. 1. Paper
ballots which are to be counted by a ballot scanner may consist of two
or more sheets which are divided into perforated sections which can be
separated at the time the ballot is scanned. Such ballots shall be
printed on paper of a quality, size, color, and weight approved by the
state board of elections, AND SHALL BE CLEARLY DISTINGUISHABLE FROM
SAMPLE BALLOTS BY SIZE, COLOR, OR OTHER MEANS.
2. [All paper ballots of the same kind for the same polling place
shall be identical. A different, but in each case uniform style and size
of type, shall be used for printing the names of candidates, the titles
of offices, political designations, and the reading form of all ques-
tions submitted. The names of candidates shall be printed in capital
letters in black-faced type.] BEFORE EACH STATEWIDE ELECTION, THE STATE
BOARD OF ELECTIONS SHALL PUBLISH AND DISTRIBUTE TO THE COUNTY BOARDS OF
ELECTIONS A SAMPLE MASTER TEMPLATE OF THAT PORTION OF THE BALLOT WHICH
RELATES TO STATEWIDE OFFICES.
3. ALL TYPE SHALL BE SANS SERIF. NAMES OF CANDIDATES SHALL BE IN A
UNIFORM STYLE AND SIZE OF TYPE USING STANDARD CAPITALIZATION. TITLES OF
OFFICES SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE. POLITICAL DESIG-
NATIONS SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE. THE FORM OF ALL
QUESTIONS SUBMITTED SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE.
4. Each ballot shall be printed on the sheet with a stub which shall
be separated therefrom by a line of perforations extending across the
entire ballot. On the face of the stub shall be printed "No........" the
blank to be filled with consecutive number of ballots beginning with
"No. 1", and increasing in regular numerical order.
[4.] 5. On such ballot shall be printed the following indorsement, the
blanks properly filled in:
Official Ballot for (General, Primary or Special, as applica-
ble)
Election
County of ........................
(Assembly or Legislative, as applicable) District
.....................
(Ward and City or town .................., as applica-
ble)............
Election District ...........................
(Insert date of election.)
(Insert names of election commissioners providing the ballot.)
[5. The following ballot instructions shall be printed in heavy black
type:
INSTRUCTIONS
(1) Mark only with a writing instrument provided by the board of
elections.
(2) To vote for a candidate whose name is printed on this ballot fill
in the (insert oval or square, as applicable) above or next to the name
of the candidate.
(3) To vote for a person whose name is not printed on this ballot
write or stamp his or her name in the space labeled "write-in" that
appears (insert at the bottom of the column, the end of the row or at
the bottom of the candidate names, as applicable) for such office (and,
if required by the voting system in use at such election, the
A. 3389--A 5
instructions shall also include "and fill in the (insert oval or square,
as applicable) corresponding with the write-in space in which you have
written in a name").
(4) To vote yes or no on a proposal, if any, that appears on the
(indicate where on the ballot the proposal may appear) fill in the
(insert oval or square, as applicable) that corresponds to your vote.
(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, party position or proposal.
(7) If you tear, or deface, or wrongly mark this ballot, return it and
obtain another. 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 replace-
ment ballot upon return of the original ballot.
(8) After completing your ballot, insert it into the ballot scanner
and wait for the notice that your ballot has been successfully scanned.
If no such notice appears, seek the assistance of an election inspector.
6. The instructions in subdivision five of this section 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 the other side" or
"See enclosed instructions", whichever is appropriate.
7. Each such ballot shall be printed in sections in which the candi-
dates' names and political designations, the ballot proposals and other
requisite matter shall each be boxed in by heavy black perpendicular
lines of equal width. In each such section shall be voting ovals or
squares which voters may fill in. If applicable, ovals or squares shall
be provided next to the blank spaces provided for a voter to write in a
name.
8. The space for the title of an office shall be three-eighths of an
inch, and the name of a candidate or for writing in a name, one-fourth
of an inch, in depth. At the left of the name of each designated candi-
date shall be an enclosed voting space, three-eighths of an inch in
width and approximately one-fourth of an inch in depth, bounded above,
below and to the right by black lines, heavier than those which separate
the spaces containing the names of candidates. To the left of voting
spaces which do not adjoin a vertical line dividing two parts, there
shall be a heavy black vertical line approximately one-eighth of an inch
in width. No voting space shall be provided in the space for writing in
names. In such case, the space corresponding to a voting space shall be
all black.
9. Below the names of the candidates for each office or position there
shall be printed as many blank spaces, for writing in names of persons
for whom the voter desires to vote, as there are persons to be nominated
or elected.
10. In case the sections shall be so numerous as to make the ballot
unwieldy if they are printed in one column, they may be printed in as
many columns as shall be necessary, and in that case, in order to
produce a rectangular ballot, blank sections may be used.]
A. 3389--A 6
6. EACH BALLOT SHALL CONTAIN INSTRUCTIONS FOR MARKING THE BALLOT. THE
INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER THAN FIVE INCHES.
THE TEXT SHALL BE SUBSTANTIALLY AS FOLLOWS, SO THAT IT ACCURATELY
REFLECTS THE BALLOT LAYOUT:
INSTRUCTIONS
MARK THE (INSERT "OVAL" OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR
CHOICE. (PROVIDE ILLUSTRATION HERE.) TO VOTE FOR A CANDIDATE WHOSE NAME
IS NOT PRINTED ON THE BALLOT, (INSERT "MARK THE OVAL (OR SQUARE) TO THE
LEFT OF 'WRITE-IN' AND PRINT THE NAME CLEARLY" OR "PRINT THE NAME CLEAR-
LY IN THE BOX LABELED 'WRITE-IN'"), STAYING WITHIN THE BOX. ANY MARK,
WRITING, OR ERASURE OUTSIDE THE SPACES PROVIDED FOR VOTING WILL VOID THE
ENTIRE BALLOT. THE NUMBER OF CHOICES IS LISTED FOR EACH CONTEST. DO NOT
MARK THE BALLOT FOR MORE CANDIDATES THAN ALLOWED. IF YOU DO, YOUR VOTE
IN THAT CONTEST WILL NOT COUNT. IF YOU MAKE A MISTAKE, OR WANT TO CHANGE
YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT.
7. THE STATE BOARD OF ELECTIONS SHALL PROVIDE LINE DRAWING ILLUS-
TRATIONS TO SUPPLEMENT THESE INSTRUCTIONS. AT A MINIMUM, AN ILLUSTRATION
OF THE CORRECT WAY TO MARK THE BALLOT SHALL BE PROVIDED, BUT NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO LIMIT THE BOARD IN PROVIDING ADDI-
TIONAL ILLUSTRATIONS.
8. WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT, INSTRUCTIONS
SUBSTANTIALLY LIKE THE FOLLOWING SHALL BE INCLUDED ON THE BALLOT NEAR
THE FIRST QUESTION OR PROPOSAL:
INSTRUCTIONS FOR VOTING FOR QUESTIONS AND PROPOSALS
TO VOTE ON A QUESTION OR PROPOSAL, MARK THE (INSERT "OVAL" OR
"SQUARE") TO THE LEFT OF YOUR CHOICE. IF YOU MAKE A MISTAKE, OR WANT TO
CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT.
9. WHEN A QUESTION OR PROPOSAL APPEARS ON THE BACK OF THE BALLOT,
THERE SHALL APPEAR ON THE FRONT OF THE BALLOT WORDS OR A SYMBOL INDICAT-
ING THAT THE VOTER SHOULD TURN OVER THE BALLOT.
10. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY WITH THE
FOLLOWING SPECIFICATIONS:
A. THE INSTRUCTIONS IN SUBDIVISION SIX OF THIS SECTION SHALL BE PRINT-
ED IN THE UPPER LEFT HAND CORNER OF THE FRONT OF THE BALLOT;
B. ALL TEXT, INCLUDING THE TITLE OF EACH OFFICE AND THE NAME OF EACH
CANDIDATE, SHALL BE PRINTED FLUSH LEFT AND SHALL NOT BE CENTERED ON THE
BALLOT OR IN ANY COLUMN OR ROW APPEARING ON THE BALLOT;
C. THE VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE
CANDIDATE;
D. ALL TEXT, INCLUDING THE NAME OF EACH CANDIDATE AS PROVIDED IN
SUBDIVISION THREE OF THIS SECTION, SHALL BE PRINTED USING STANDARD
CAPITALIZATION IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY THE STATE
BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPITAL LETTERS;
E. THE NAME OF EACH CANDIDATE SHALL BE PRINTED USING A FONT SIZE OF
NOT LESS THAN TWELVE POINTS OR ONE SIXTH OF AN INCH;
F. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARIATIONS
FOR ALL TEXT NEEDS;
G. THE BALLOT SHALL HAVE A CLEAR DELINEATION BETWEEN THE BALLOT
INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH
THE USE OF WHITE SPACE, ILLUSTRATION, SHADING, COLOR, FONT SIZE, OR BOLD
TYPE;
H. COLOR AND SHADING SHALL BE USED CONSISTENTLY, SO AS TO DIFFEREN-
TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION;
I. "VOTE FOR ONE" OR "VOTE FOR UP TO ......" (THE BLANK SPACE TO BE
FILLED WITH THE NUMBER OF PERSONS TO BE NOMINATED FOR THE OFFICE OR
A. 3389--A 7
ELECTED TO THE POSITION), AS APPLICABLE, SHALL BE PRINTED IMMEDIATELY
BELOW EACH OFFICE TITLE APPEARING ON THE BALLOT;
J. ABOVE, BELOW, OR TO THE RIGHT OF THE NAME OF EACH CANDIDATE, SHALL
BE PRINTED, IN LESS PROMINENT TYPE FACE THAN THAT IN WHICH THE CANDI-
DATE'S NAME IS PRINTED, THE NAME OF THE POLITICAL PARTY OR INDEPENDENT
BODY BY WHICH THE CANDIDATE WAS NOMINATED OR DESIGNATED;
K. NO PARTY EMBLEMS SHALL BE PRINTED ON THE BALLOT;
L. THE NAMES OF CANDIDATES FOR THE SAME OFFICE SHALL APPEAR ON THE
SAME PAGE AND IN THE SAME COLUMN(S) OR ROW(S) OF THAT PAGE OF A PRINTED
BALLOT, AND MAY NOT BE SEPARATED BY A PERFORATION.
11. The names of parties or independent bodies which contain more
than fifteen letters may, whenever limitations of space so require, be
printed on the ballot in an abbreviated form. In printing the names of
candidates whose full names contain more than fifteen letters, only the
surname must be printed in full. The officer or board charged with the
duty of preparing the ballots shall request each such candidate to indi-
cate, in writing, the shortened form in which, subject to this
restriction, his OR HER name shall be printed. If no such indication is
received from such candidate within the time specified in the request,
such officer or board shall make the necessary determination. [No emblem
shall occupy a space longer in any direction than the voting square to
which it relates.]
S 5. The section heading and subdivision 3 of section 7-108 of the
election law are amended to read as follows:
Ballots; form for GENERAL elections; ADDITIONAL REQUIREMENTS.
[3. In every instance where multiple casting of votes is permitted for
two or more candidates for the same office or position, the instruction
on the ballot or machine shall read "Vote for any.........", (the blank
space to be filled with the number of persons to be nominated for the
office or elected to the position).]
S 6. Section 7-110 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
S 7-110. Ballots; form for ballot proposals; ADDITIONAL REQUIREMENTS.
Ballot proposals shall appear on the voting machine or ballot in a sepa-
rate section. At the left of, or below or above, each proposal shall
appear [two voting levers or] two voting [squares, each at least one-
half inch square] POSITIONS. Next to the first [lever or square] VOTING
POSITION shall be printed the word "Yes," and next to the second [lever
or square] VOTING POSITION shall be printed the word "No." The proposals
shall be numbered consecutively on the voting machine or ballot. The
number of each proposal shall appear in front of its designation as an
amendment, proposition or question in the following form: "Proposal
one, an amendment; proposal two, a proposition; proposal three, a ques-
tion".
S 7. Section 7-114 of the election law, as amended by chapter 234 of
the laws of 1976, paragraph (c) of subdivision 1 as amended by chapter
433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
chapter 461 of the laws of 1977, is amended to read as follows:
S 7-114. Ballots; form for primary election; ADDITIONAL REQUIREMENTS.
1. (a) [The] ON THE face of the official ballot for a primary election
[shall be divided into parts. Descriptive words to indicate the purpose
of each part shall be printed at its head. Beginning at the left or top,
the first part shall be entitled, and shall be for "Candidates] CONTESTS
AND CANDIDATES for nomination for public office[". The second part shall
be entitled, and shall be for "Candidates] SHALL APPEAR FIRST, FOLLOWED
BY CONTESTS AND CANDIDATES for party positions.[" When necessary, a part
A. 3389--A 8
may be divided into two or more columns or rows, but the] THE names of
all persons designated for the same office or party position shall be in
the same column or row.
(b) [In each part shall be printed the titles of the offices or party
positions, as the case may be, for which the part is to be used, and
under each such title shall be printed the names of the designated
candidates for the office or position.
(c)] Where a candidate for nomination for the same public office or
for election to the same party position is designated by two or more
petitions, his OR HER name shall be placed upon the ballot for the
primary election but once as such a candidate.
[(d)] (C) The ballot shall not contain a space for voting for candi-
dates for uncontested offices and positions, and no ballot shall be
printed for a party whose primary is uncontested unless a petition for
opportunity to ballot has been filed.
2. (a) The paper ballot for a primary election shall conform to the
form for paper ballots set forth in this article with respect to quality
and weight of paper, perforated line, and number on the stub [on the
back of the ballot].
(b) [On the back of the paper ballot, on the stub, immediately below
the number, shall be the name of the party. On the back of the ballot
and below the stub, and immediately to the left of the center of the
ballot, and on the front of the ballot, below the perforated line, shall
be printed, in addition to the other information required for paper
ballots, the name and emblem of the party and the words "Official prima-
ry ballot."
(c) On the front of the stub, above the perforated line at the top of
the paper ballot shall be printed the same instructions as on the gener-
al election ballot.
(d) The parts of the paper ballot below such heavy black horizontal
line shall be separated by a heavy black vertical line or lines, one-
fourth of an inch in width. Descriptive words to indicate the purpose of
each part shall be printed at its head, below the heavy black horizontal
line. Immediately below such captions shall be printed two light paral-
lel horizontal lines approximately one-sixteenth of an inch apart,
extending across each part.
(e) The names of candidates on paper ballots shall be numbered with
arabic numerals printed in heavy faced type beginning with "one" for the
first candidate named in the first part and continuing in numerical
order to and including the last candidate named in the last part, except
that where two or more candidates are to be elected to a party position,
the names of candidates designated by each petition shall be grouped,
and each group shall have but one number, which shall be printed oppo-
site the approximate center of the group.
(f) The] EXCEPT IN THE CITY OF NEW YORK, THE number of a candidate
shall be printed on the paper ballot between the voting space and the
name of the candidate. Each group shall have a bracket embracing the
names in the group. IN THE CITY OF NEW YORK, TWO OR MORE CANDIDATES
RUNNING TO BE ELECTED TO A PARTY POSITION AS A GROUP MAY BE REFERRED TO
COLLECTIVELY ON THE BALLOT AS A "GROUP."
[(g)] (C) Spaces containing names of candidates and for writing in
names, and intervening spaces on the paper ballot, shall be separated by
light horizontal lines. [Names of candidates shall be printed in capital
letters not less than one-eighth nor more than three-sixteenths of an
inch in height.
A. 3389--A 9
(h)] (D) The paper ballots of no two parties shall be IDENTIFIED BY
the same color OR COLOR MARKINGS, and the state board of elections
shall select the color for each new party[, and not later than twelve
weeks before a primary election, shall transmit to each board of
elections]. THE STATE BOARD OF ELECTIONS SHALL INCLUDE WITH THE BOARD'S
BALLOT CERTIFICATION a certificate stating the colors so selected.
S 8. Subdivisions 2, 3 and 4 of section 7-116 of the election law,
subdivision 2 as amended by chapter 234 of the laws of 1976 and subdivi-
sion 3 as amended by chapter 9 of the laws of 1978, are amended to read
as follows:
2. The officer or board who or which prepares the ballot shall deter-
mine the order in which shall appear, below the names of party candi-
dates the nominations made only by independent bodies. Such officer or
board also shall determine the order in which shall be printed, in a
section of such ballot the names of two or more candidates nominated by
one party or independent body, for an office to which two or more
persons are to be elected; provided, however, that any such candidate
may, by a writing filed with such board or officer not later than one
week after the adjournment of the convention or one week after the
primary election nominating him OR HER, or otherwise not later than two
days after the filing of the petition or certificate nominating him OR
HER, demand that such order be determined by lot, and in that case such
order shall be so determined, upon two days notice by mail given by such
board or officer to each candidate for such office. The state board of
elections shall perform the duties required by this subdivision in all
cases affecting nominations filed in its office.
3. The officer or board with whom or which are filed the designations
for a public office or party position shall determine by lot, upon two
days notice by mail given by such board or officer to each candidate for
such office or position and to the committee, if any, named in the
designating petition, the order in which shall be printed on the offi-
cial primary ballot, under the title of the office or position, the
names of candidates for public office, the names of candidates for a
party position to which not more than one person is to be elected, and
the groups of names of candidates for party position where two or more
persons are to be elected thereto and any petition designates two or
more persons therefor, provided, however, that whenever groups of names
for more than one party position are designated by the same petition,
the order in which they shall be printed on the official primary ballot
shall be determined by a single lot. Candidates for [delegate or deleg-
ates] DELEGATE(S) and alternate [delegate or delegates] DELEGATE(S) to
conventions designated by the same petition shall, for the purpose of
this subdivision, be treated as one group. The names of candidates, if
any, for a party position to which two or more persons are to be
elected, who are designated by individual petitions and not in a group
shall be printed below such group or groups, in such order between them-
selves, as such officer or board shall determine by lot upon the notice
specified in this subdivision. The names within a group of candidates
designated for party position by one petition shall be printed in the
same order in which they appear in the petition, unless they appear in a
different order on different pages of the petition, in which case their
order within the group shall be determined by such officer or board by
lot upon the notice specified in this subdivision. Candidates for
members of a state committee designated by a single petition shall, for
the purposes of this subdivision, be treated as one group. However, the
notice to a committee of the drawing need not be mailed to more than
A. 3389--A 10
five members, if there be that many, and as to offices or party posi-
tions for which designating petitions are filed with the board of
elections of the city of New York the notice shall be given to the
committees only.
4. If a vacancy in a designation or nomination be filled after the
making, in the manner provided in this section, of a determination of
the order in which the names of candidates for the office or position
are to be printed, the name of the candidate designated or nominated to
fill such vacancy shall be printed in the place so determined for the
original candidate, PROVIDED SUCH PLACEMENT IS CONSISTENT WITH THE
REQUIREMENTS FOR BALLOT CONSTRUCTION SET FORTH IN THIS ARTICLE.
S 9. Section 7-118 of the election law, as amended by chapter 157 of
the laws of 1996, is amended to read as follows:
S 7-118. Ballots; facsimile and sample. 1. The board of elections
shall provide facsimile and sample ballots which shall be arranged in
the form of a diagram showing such part of the face of the voting
machine OR BALLOTS as shall be in use at that election. Such facsimile
and sample ballots shall be [either in full or reduced size] DISTIN-
GUISHABLE FROM THE BALLOT BY SIZE, COLOR, OR OTHER MEANS and shall
contain suitable illustrated directions for voting on the voting machine
OR BALLOT.
2. Such facsimile ballots shall be mounted and displayed for public
inspection at each polling place during election day.
3. Sample ballots may be mailed by the board of elections to each
eligible voter at least three days before the election, or in lieu ther-
eof, a copy of such sample ballot may be published at least once within
one week preceding the election in newspapers [representing the major
political parties] OR ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS.
4. One copy of such facsimile shall be sent to each school in the
county, providing the ninth through the twelfth years of compulsory
education, and in the city of New York to each such school in the city
of New York, at least one week before each general election for posting
at a convenient place in such school. The board of elections shall also
send a facsimile ballot to any other school requesting such a ballot.
IN THE ALTERNATIVE, THE REQUIREMENTS OF THIS SUBDIVISION MAY BE FULLY
SATISFIED BY PUBLISHING SUCH FACSIMILE ON A WEBSITE MAINTAINED BY THE
BOARD OF ELECTIONS AND NOTIFYING EACH SUCH SCHOOL OF SUCH PUBLICATION.
S 10. Subdivision 1 of section 7-120 of the election law is amended to
read as follows:
1. If any voting machine OR SYSTEM for use in any election shall
become out of order during an election it shall, if possible, be
repaired or another machine OR SYSTEM substituted as promptly as possi-
ble. In case such repair or substitution cannot be made, emergency
ballots, printed or written, and of any suitable form, SHALL BE PROVIDED
BY THE BOARD OF ELECTIONS AND may be used for the taking of votes.
S 11. Section 7-122 of the election law, subdivision 1 as amended by
chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
(d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by
chapter 165 of the laws of 2010, subdivision 7 as amended by chapter 9
of the laws of 1978, and subdivisions 6 and 7 as renumbered by chapter
352 of the laws of 1986, is amended to read as follows:
S 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
A. 3389--A 11
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 and properly filled in:
Official Absentee Ballot for (General, Primary or Special, as applica-
ble)
Election
County of......................
(Assembly or Legislative, as applicable) District................
(Ward and City or town, as applicable)...........................
(Insert date of election)
(Insert names of election commissioners providing the ballot)
(d)] On the front of the ballot prepared for counting by hand, [shall
be printed in heavy black type the following instructions] THE
INSTRUCTIONS FOR MARKING THE BALLOT SHALL BE SUBSTANTIALLY AS FOLLOWS,
SO THAT IT ACCURATELY REFLECTS THE BALLOT LAYOUT:
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 check, 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 his or her name in the space that appears at the bottom of the
column or the end of the row (indicate where on the ballot the write-in
space appears) containing 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, party position or proposal.
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 replace-
ment ballot upon return of the original ballot.] MARK THE (INSERT "OVAL"
OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR CHOICE. (PROVIDE ILLUS-
TRATION HERE.) TO VOTE FOR A CANDIDATE WHOSE NAME IS NOT PRINTED ON THE
BALLOT, (INSERT "MARK THE OVAL (OR SQUARE) TO THE LEFT OF 'WRITE-IN' AND
PRINT THE NAME CLEARLY" OR "PRINT THE NAME CLEARLY IN THE BOX LABELED
'WRITE-IN'"), STAYING WITHIN THE BOX. ANY MARK, WRITING, OR ERASURE
OUTSIDE THE SPACES PROVIDED FOR VOTING WILL VOID THE ENTIRE BALLOT. IF
YOU MAKE A MISTAKE OR WANT TO CHANGE YOUR VOTE, CALL THE BOARD OF
ELECTIONS AT (INSERT PHONE NUMBER HERE) FOR INSTRUCTIONS ON HOW TO
A. 3389--A 12
OBTAIN A NEW BALLOT. YOU HAVE A RIGHT TO A REPLACEMENT BALLOT UPON
RETURN OF THE ORIGINAL BALLOT. THE NUMBER OF CHOICES IS LISTED FOR EACH
CONTEST. DO NOT MARK THE BALLOT FOR MORE CANDIDATES THAN ALLOWED. IF YOU
DO, YOUR VOTE IN THAT CONTEST WILL NOT COUNT.
(C) WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT,
INSTRUCTIONS SUBSTANTIALLY SIMILAR TO THOSE PROVIDED IN SUBDIVISION SIX
OF SECTION 7-106 OF THIS ARTICLE SHALL BE INCLUDED.
(D) THE BALLOT PROPOSALS MAY BE ON THE BACK OF THE BALLOT, OR ON A
SEPARATE BALLOT.
2. [The following provisions shall apply to all absentee ballots
prepared for counting by a ballot scanner and all other] ALL provisions
of this chapter not inconsistent with this subdivision shall be applica-
ble to [such] ABSENTEE ballots PREPARED FOR COUNTING BY BALLOT SCANNER[:
(a) The party emblem need not be printed next to the name of each
candidate.
(b) The ballot proposals may be on the back of the ballot, or on a
separate ballot.
(c) The printed instructions to the voter shall read as follows:
INSTRUCTIONS
1. Mark only with a pen or pencil.
2. To vote for a candidate whose name is printed on this ballot, fill
in the (insert oval or square, as applicable) above or next to the name
of the candidate.
3. To vote for a person whose name is not printed on this ballot,
write or stamp his or her name in the space labeled "write-in" that
appears (insert at the bottom of the column or the end of the row, as
applicable) containing the title of the office and, if required by the
voting system in use at such election, the instructions shall also
include "and fill in the (insert oval or square, as applicable) corre-
sponding with the write-in space in which the voter has written a name."
4. To vote yes or no on a proposal, if any, that appears on the (indi-
cate where on the ballot the proposal may appear) fill in the (insert
oval or square, as applicable) that corresponds to your vote.
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, party position or proposal.
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 choic-
es, you may obtain and complete a new ballot. You have a right to a
replacement ballot upon return of the original ballot.
(d) 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.
(e) Such ballots which are to be counted by a ballot scanner may
consist of two or more sheets, which are divided into perforated
sections which can be separated at the time of canvassing].
A. 3389--A 13
3. 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, desig-
nation or nomination is invalid and, in the event of such later determi-
nation, no vote cast for any such nominee by any voter shall be counted
at the election.
[5.] 4. THERE SHALL BE THREE ENVELOPES FOR EACH ABSENTEE BALLOT ISSUED
BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY BOARD OF ELECTIONS. The board of elections shall furnish with each
absentee ballot an inner affirmation envelope. On one side of the envel-
ope 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 ....................................
Legislative District (as applicable) .................
Ward (as applicable) .................................
Election District.....................................
Party Enrollment (in case of primary election)........
[6] 5. 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.] 6. There shall also be a place for two BOARD OF ELECTIONS STAFF
MEMBERS OR inspectors of opposite political parties to indicate, by
placing their initials thereon, that they have checked and marked the
voter's poll record.
[8.] 7. On the reverse side of such inner affirmation envelope shall
be printed the following statement:
AFFIRMATION
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
A. 3389--A 14
am a qualified voter because of the reason given on my application here-
tofore 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 imped-
iment 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 OR HER own
name)
.....................................
Address of Witness
[9.] 8. The inner affirmation envelope shall be gummed, ready for
sealing, and shall have printed thereon, on the side opposite the state-
ment, instructions as to the duties of the voter after the marking of
the ballot, which instructions shall include a specific direction stat-
ing when such ballot must be postmarked and when such ballot must reach
the office of the board of elections in order to be canvassed.
[10.] 9. Each INNER AFFIRMATION ballot envelope shall be enclosed in
an outer envelope addressed to the appropriate board of elections and
bearing on it a specific direction that if an original application for
an absentee ballot is received with the ballot, such application must be
completed by the voter and returned in the outer envelope together with
the sealed inner affirmation envelope containing the absentee ballot
within the time limits for receipt of the absentee ballot itself. Such
inner affirmation envelope and outer envelope shall be enclosed in [a]
THE third envelope addressed to the absentee voter. The outer and third
envelopes shall have printed on the face thereof the words "Election
Material--Please Expedite".
S 12. The opening paragraph of subdivision 3 of section 7-123 of the
election law, as amended by chapter 104 of the laws of 2010, is amended
to read as follows:
THERE SHALL BE THREE ENVELOPES FOR EACH MILITARY ABSENTEE BALLOT
ISSUED WHEN THE MILITARY VOTER'S PREFERRED METHOD OF TRANSMISSION IS "BY
MAIL": THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY BOARD OF ELECTIONS. The board of elections shall furnish an inner
affirmation envelope with each military ballot upon which envelope shall
be printed:
S 13. The opening and closing paragraphs of subdivision 2 of section
7-124 of the election law, as amended by chapter 104 of the laws of
2010, are amended to read as follows:
THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL FEDERAL ABSENTEE
BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER
PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
A. 3389--A 15
furnish an inner affirmation envelope with each special federal ballot
upon which envelope shall be printed:
I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.
Date.................20..... .....................................
Signature or mark of voter
.....................................
Signature of Witness (required only
if voter does not sign his OR HER own
name)
.....................................
Address of Witness
S 14. Subdivisions 2 and 3 of section 7-125 of the election law,
subdivision 3 as amended by chapter 235 of the laws of 2000, are amended
to read as follows:
2. THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL PRESIDENTIAL ABSEN-
TEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A
VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
furnish with each special presidential ballot an envelope. On one side
of the envelope shall be printed:
OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS,
FOR GENERAL ELECTION,
NOVEMBER......., [19] 20....
Name of voter ..........................................................
Residence from which vote is being cast:
Street and number ......................................................
City or town ...........................................................
County .................................................................
Assembly District or Ward ..............................................
Election District ......................................................
The date of the election and name of the county shall be printed, and
the name of the voter, residence, name of the city or town, number of
ward or assembly district, if any, and election district shall be print-
ed, written or stamped in by the board.
3. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF SPECIAL PRESIDENTIAL VOTER
I do declare I am a qualified special presidential voter of said
district; that I am not qualified and am not able to qualify to vote
elsewhere than as set forth on the reverse side of this envelope; that I
am a citizen of the United States; that on the date of the election for
which this ballot is voted, I will be at least eighteen years of age;
and that I have not committed any act, nor am I under any impediment,
which denies me the right to vote.
A. 3389--A 16
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, 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 OR HER own
name)
.....................................
Address of Witness
S 15. Section 7-128 of the election law is amended to read as follows:
S 7-128. Ballots; inspection of. 1. Each officer or board charged with
the duty of providing official ballots for an election shall have sample
ballots open to public inspection [five] TWENTY-EIGHT days before the
election for which they were prepared and the official ballots open to
such inspection [four] FOURTEEN days before such election [except that
the sample and official ballots for a village election held at a differ-
ent time from a general election shall be open to public inspection at
least two days before such election]. During the times within which the
ballots are open for inspection, such officer or board shall deliver to
each voter applying therefor a sample of the ballot which he OR SHE is
entitled to vote.
2. A. Each officer or board charged with the duty of preparing ballots
to be used [on voting machines] in any election shall give written
notice, by first class mail, to all candidates, except candidates for
member of the county committee, who are lawfully entitled to have their
names appear thereon, of the time when, and the place where, they may
inspect the [voting machines] BALLOTS to be used for such election. The
candidates or their designated representatives may appear at the time
and place specified in such notice to inspect such [machines] BALLOTS,
provided, however, that the time so specified shall be [not less than
two] NO LATER THAN FOURTEEN days [prior to the date of] BEFORE the
election AT WHICH THE BALLOTS WILL BE USED.
B. A candidate, whose name appears on the ballot [for an election
district] or his OR HER designated representative, may, in the presence
of the election officer attending the [voting machine] BALLOT, inspect
the [face of the machine] BALLOT to see that his OR HER ballot [label]
POSITION is in its proper place[, but at no time during the inspection
shall the booth be closed] OR PLACES.
3. EACH OFFICER OR BOARD CHARGED WITH THE DUTY OF PREPARING BALLOTS
TO BE USED WITH VOTING MACHINES OR SYSTEMS IN ANY ELECTION SHALL GIVE
WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL CANDIDATES, EXCEPT CANDI-
DATES FOR MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED TO
HAVE THEIR NAMES APPEAR THEREON, OF THE TIME WHEN, AND THE PLACE WHERE,
THEY MAY INSPECT THE VOTING MACHINES OR SYSTEMS TO BE USED FOR SUCH
ELECTION. THE CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY APPEAR
AT THE TIME AND PLACE SPECIFIED IN SUCH NOTICE TO VIEW THE CONDUCT OF
THE LOGIC AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON SUCH VOTING
MACHINES OR SYSTEMS, PROVIDED HOWEVER, THAT THE TIME SO SPECIFIED SHALL
BE NOT LESS THAN FIFTEEN DAYS PRIOR TO THE DATE OF THE ELECTION.
A. 3389--A 17
S 16. Section 7-130 of the election law is amended to read as follows:
S 7-130. Ballots; examination by voters and instruction in use of
voting machines. One or more voting machines which shall contain the
ballot labels, showing the [party emblems and] title of officers to be
voted for, and which shall so far as practicable contain the names of
the candidates to be voted for, shall be placed on public exhibition in
some suitable place by the board of elections, in charge of competent
instructors, for at least three days during the thirty days next preced-
ing an election. No voting machine which is to be assigned for use in an
election shall be used for such purpose after having been prepared and
sealed for the election. During such public exhibition, the counting
mechanism of the machine shall be concealed from view and the doors may
be temporarily opened only when authorized by the board or official
having charge and control of the election. Any voter shall be allowed to
examine such machine, and upon request shall be instructed in its use.
S 17. This act shall take effect immediately and shall apply to
ballots to be used for elections occurring on or after the first day of
July next succeeding the year in which it shall have become a law,
except that paragraph a of subdivision 10 of section 7-106 of the
election law, as added by section four of this act, shall apply to
ballots to be used in jurisdictions other than the counties of Albany,
Erie, Nassau, Rockland, and Schenectady or the city of New York counties
on or after the last day of December next succeeding the year in which
it shall have become a law.
co-Sponsors
Andrew Hevesi
Crystal Peoples-Stokes
Linda Rosenthal
Michelle Schimel
Donna Lupardo
Dan Quart
David Buchwald
Ellen C. Jaffee
David Weprin
William Colton
Phil Steck
Thomas Abinanti
Jo Anne Simon
Luis R. Sepรบlveda
Jeffrey Dinowitz
Michael Benedetto
Guillermo Linares
John T. McDonald III
Michael Blake
Patricia Fahy
Steven Otis
Nily Rozic
Anthony Brindisi
Sean Ryan
Richard Gottfried
Michael Cusick
Amy Paulin
Kevin Cahill
multi-Sponsors
Deborah Glick
William Magee
N. Nick Perry
Robert J. Rodriguez
Fred Thiele
2015-A3389B (ACTIVE) - Details
2015-A3389B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3389--B
Cal. No. 150
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
Introduced by M. of A. KAVANAGH, HEVESI, PEOPLES-STOKES, ROSENTHAL,
SCHIMEL, LUPARDO, QUART, BUCHWALD, JAFFEE, WEPRIN, COLTON, STECK,
ABINANTI, SIMON, SEPULVEDA, DINOWITZ, BENEDETTO, LINARES -- Multi-
Sponsored by -- M. of A. GOTTFRIED, PERRY, RODRIGUEZ -- read once and
referred to the Committee on Election Law -- advanced to a third read-
ing, amended and ordered reprinted, retaining its place on the order
of third reading -- again amended on third reading, ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the election law, in relation to enacting the voter
friendly ballot act; and to repeal section 7-108 of such law relating
to the form of ballots
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "voter friendly ballot act".
S 2. Paragraph a of subdivision 3 of section 7-102 of the election
law, as added by chapter 371 of the laws of 1990, is amended to read as
follows:
a. In the event that a candidate in a primary election believes that
the name of another candidate for the same office or position at such
election is sufficiently similar to his OR HERS so as to cause confusion
among the voters, such candidate may, not later than five days after the
last day to file the certificates or petitions of designation, file with
the board of elections with which such certificates or petitions of
designation are filed, a request that such board determine that such a
sufficient similarity exists.
S 3. Section 7-104 of the election law, as amended by chapter 165 of
the laws of 2010, is amended to read as follows:
S 7-104. Ballots; form of[, voting machine]. 1. All ballots shall be
printed and/or displayed in a format and arrangement, of such uniform
size and style as will fit the ballot [frame], and shall be in as plain
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04422-03-6
A. 3389--B 2
and clear a type or display as the space will reasonably permit, USING
ONLY SANS SERIF PRINT FONTS. Such type or display on the ballot shall
satisfy all requirements and standards set forth pursuant to the federal
Help America Vote Act.
2. The names of parties or independent bodies which contain more than
fifteen letters may, whenever limitations of space so require, be print-
ed on the ballot in an abbreviated form. In printing the names of candi-
dates whose full names contain more than fifteen letters, only the
surname must be printed in full. The officer or board charged with the
duty of [preparing the ballots] CERTIFYING THE CANDIDATES FOR SUCH
OFFICE shall request each such candidate to indicate, in writing, the
shortened form in which, subject to this restriction, his OR HER name
shall be printed. If no such indication is received from such candidate
within the time specified in the request, such officer or board shall
make the necessary determination.
3. (a) The party name or other designation[, and a designating letter
and number] shall be affixed to the name of each candidate, or, in case
of presidential electors, to the names of the candidates for president
and vice-president of such party.
(b) A COLUMN/ROW DESIGNATING NUMBER MAY BE AFFIXED TO THE NAME OF EACH
CANDIDATE, OR IN THE CASE OF PRESIDENTIAL ELECTORS, TO THE NAMES OF THE
CANDIDATES FOR PRESIDENT AND VICE-PRESIDENT OF SUCH PARTY.
(C) The titles of offices may be arranged horizontally, with the names
of candidates for an office and the SPACE, slot or device for write-in
[ballots] VOTES for such office arranged vertically under the title of
the office, or the titles of offices may be arranged vertically, with
the names of candidates for an office and the SPACE, slot or device for
write-in [ballots] VOTES for such office arranged horizontally opposite
the title of the office.
[(c)] (D) Each office shall occupy as many columns or rows on the
[machine] BALLOT as the number of candidates to be elected to that
office, EXCEPT WHERE CANDIDATE PLACEMENTS DUE TO CROSS ENDORSEMENTS
REQUIRE ADDITIONAL COLUMNS OR ROWS.
4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing generally the names of candidates nominated by such party or inde-
pendent body for other offices except as hereinafter provided.
(b) When the same person has been nominated for an office to be filled
at the election by more than one party, the voting machine shall be so
adjusted that his or her name shall appear in each row or column
containing generally the names of candidates for other offices nominated
by any such party.
(c) If such candidate has also been nominated by one or more independ-
ent bodies, his or her name shall appear only in each row or column
containing generally the names of candidates for other offices nominated
by any such party and the name of each such independent body shall
appear in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of
[providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE, or if
such person shall fail to so designate, the names of such independent
bodies shall appear in such row or column as such officer or board shall
determine.
(d) If any person shall be nominated for any office by one party and
two or more independent bodies his or her name shall appear on the
[voting machine] BALLOT twice; once in the row or column containing
generally the names of candidates for other offices nominated by such
A. 3389--B 3
party, and once in the row or column containing generally the names of
candidates nominated by the independent body designated by such person
in a writing filed with the officer or board charged with the duty of
[providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE and in
connection with the name of such person in such row or column shall
appear the name of each independent body nominating him or her or, if
such person shall fail to so designate, the name of such candidate and
the names of such independent bodies shall appear in such row or column
as such officer or board shall determine.
(e) If any person is nominated for any office only by more than one
independent bodies, his or her name shall appear but once upon the
machine in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing ballots, or if the candidate shall fail to so designate, in the
place designated by the officer or board charged with the duty of
[providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE, and in
connection with his or her name there shall appear the name of each
independent body nominating him or her, but, where the capacity of the
[machine] BALLOT will permit, the name of such person shall not appear
or be placed in a column or on a horizontal line with the names of
persons nominated by a party for other offices.
5. Notwithstanding the provisions of subdivision four of this section,
the name of a person who is nominated for the office of governor, or
state senator, or member of assembly, shall appear on the ballot as many
times as there are parties or independent bodies nominating him or her,
and there shall be a separate voting [and registering device] POSITION
at each place in which such name shall appear.
6. If any type of machine used in any county or city contains any
feature APPROVED BY THE STATE BOARD OF ELECTIONS, the use of which is
neither required nor prohibited by the provisions of this chapter, the
board of elections may, by resolution, require that one or more of such
features shall be used in such county. Thereafter all machines of such
type used in such county or city shall be operated in conformity with
any such resolution. Any such resolution may thereafter be rescinded by
such board and after being so rescinded may be re-adopted. Once re-a-
dopted by any board of elections, such a resolution may not be rescinded
again by such board.
7. The ballot shall have printed upon it in black ink for each party
or independent row, at the head of the column or the beginning of the
row containing the names of candidates, [the image of a closed fist with
index finger extended pointing to the party or independent row. In the
same space, in black letters as large as the space will permit, shall be
printed] the name of the party or independent body [and at the right of
the fist and below the index finger shall be printed in black ink the
emblem] and the designating [letters] LETTER of the row or column.
8. With respect to candidates for the offices of governor and lieuten-
ant governor of a party or independent body, ballots shall be printed so
that the names of such candidates for both offices shall appear in the
same row or column, with the name of the candidate for governor appear-
ing first and the ballot shall be so adjusted that both offices are
voted for jointly and have but one designating [letter or] number IF
SUCH COLUMN/ROW DESIGNATING NUMBERS ARE UTILIZED.
9. IN THOSE COUNTIES IN WHICH BALLOTS ARE REQUIRED BY FEDERAL LAW, OR
OTHERWISE, TO BE PROVIDED IN A LANGUAGE OTHER THAN ENGLISH, THERE SHALL
BE VERSIONS OF THE BALLOT PRINTED IN ENGLISH AND IN EACH OF THE ADDI-
TIONAL LANGUAGES REQUIRED SO THAT EACH VERSION OF THE BALLOT SHALL
A. 3389--B 4
CONTAIN ENGLISH AND NO MORE THAN TWO OTHER LANGUAGES. THE COUNTY BOARD
OF ELECTIONS IN SUCH COUNTIES SHALL INSTRUCT, IN THEIR POLL WORKER
TRAINING AND MATERIALS, THE PROCEDURES TO BE FOLLOWED TO ENSURE THAT
EACH VOTER RECEIVES A BALLOT WITH THE APPROPRIATE LANGUAGE AS DETERMINED
BY THE STATE BOARD.
10. EACH BALLOT SHALL CONTAIN INSTRUCTIONS FOR MARKING THE BALLOT. THE
INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER THAN FIVE INCHES.
BALLOT 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 LARG-
EST SIZE TYPE PRACTICABLE, THE FOLLOWING LEGEND: "SEE INSTRUCTIONS ON
THE OTHER SIDE" OR "SEE INSTRUCTIONS (INSERT WHERE INSTRUCTIONS ARE
FOUND)", WHICHEVER IS APPROPRIATE.
11. THE OFFICES APPEARING ON ALL BALLOTS SHALL BE LISTED IN THE
CUSTOMARY ORDER.
12. IF TWO OR MORE CANDIDATES ARE NOMINATED FOR THE SAME OFFICE FOR
DIFFERENT TERMS, THE TERM FOR WHICH EACH IS NOMINATED SHALL BE PRINTED
AS A PART OF THE TITLE OF THE OFFICE.
13. THE TEXT FOR BALLOT INSTRUCTIONS SHALL BE SUBSTANTIALLY AS
FOLLOWS, SO THAT IT ACCURATELY REFLECTS THE BALLOT LAYOUT:
INSTRUCTIONS
MARK THE (INSERT "OVAL" OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR
CHOICE. (PROVIDE ILLUSTRATION OF CORRECTLY-MARKED VOTING POSITION HERE.)
TO VOTE FOR A CANDIDATE WHOSE NAME IS NOT PRINTED ON THE BALLOT, (INSERT
"MARK THE OVAL (OR SQUARE) TO THE LEFT OF 'WRITE-IN' AND PRINT THE NAME
CLEARLY" OR "PRINT THE NAME CLEARLY IN THE BOX LABELED 'WRITE-IN'"),
STAYING WITHIN THE BOX. ANY MARK OR WRITING OUTSIDE THE SPACES PROVIDED
FOR VOTING MAY VOID THE ENTIRE BALLOT. THE NUMBER OF CHOICES IS LISTED
FOR EACH CONTEST. DO NOT MARK THE BALLOT FOR MORE CANDIDATES THAN
ALLOWED. IF YOU DO, YOUR VOTE IN THAT CONTEST WILL NOT COUNT. IF YOU
MAKE A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW
BALLOT.
14. THE STATE BOARD OF ELECTIONS SHALL PROVIDE LINE DRAWING ILLUS-
TRATIONS TO SUPPLEMENT THESE INSTRUCTIONS. AT A MINIMUM, AN ILLUSTRATION
OF THE CORRECT WAY TO MARK THE BALLOT SHALL BE PROVIDED, BUT NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO LIMIT THE BOARD IN PROVIDING ADDI-
TIONAL ILLUSTRATIONS.
15. WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT,
INSTRUCTIONS SUBSTANTIALLY LIKE THE FOLLOWING SHALL BE INCLUDED:
INSTRUCTIONS FOR VOTING ON QUESTIONS AND PROPOSALS
TO VOTE ON A QUESTION OR PROPOSAL, MARK THE (INSERT "OVAL" OR "SQUARE")
TO THE (INSERT "LEFT", "ABOVE" OR "BELOW") OF YOUR CHOICE. IF YOU MAKE A
MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW
BALLOT.
16. WHEN A QUESTION OR PROPOSAL APPEARS ON THE BACK OF THE BALLOT,
THERE SHALL APPEAR ON THE FRONT OF THE BALLOT WORDS OR A SYMBOL INDICAT-
ING THAT THE VOTER SHOULD TURN OVER THE BALLOT.
17. THE VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE
CANDIDATE.
18. ALL TEXT, INCLUDING THE NAME OF EACH CANDIDATE AS PROVIDED IN
SUBDIVISION THREE OF THIS SECTION, SHALL BE PRINTED USING STANDARD
A. 3389--B 5
CAPITALIZATION IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY THE STATE
BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPITAL LETTERS.
19. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARI-
ATIONS FOR ALL TEXT NEEDS.
20. "VOTE FOR ONE" OR "VOTE FOR UP TO ......" (THE BLANK SPACE TO BE
FILLED WITH THE NUMBER OF PERSONS TO BE NOMINATED FOR THE OFFICE OR
ELECTED TO THE POSITION), AS APPLICABLE, SHALL BE PRINTED IMMEDIATELY
BELOW EACH OFFICE TITLE APPEARING ON THE BALLOT.
21. NO PARTY EMBLEMS SHALL BE PRINTED ON THE BALLOT.
22. THE NAMES OF CANDIDATES FOR THE SAME OFFICE SHALL APPEAR ON THE
SAME PAGE AND IN THE SAME COLUMN(S) OR ROW(S) OF THAT PAGE OF A PRINTED
BALLOT, AND MAY NOT BE SEPARATED BY A PERFORATION.
23. ALL TEXT, INCLUDING THE TITLE OF EACH OFFICE AND THE NAME OF EACH
CANDIDATE, SHALL BE PRINTED FLUSH LEFT AND SHALL NOT BE CENTERED ON THE
BALLOT OR IN ANY COLUMN OR ROW APPEARING ON THE BALLOT; PROVIDED HOWEV-
ER, IN A MULTI-COLUMN OR MULTI-ROW CONTEST, THE TITLE AND NUMBER OF
ALLOWABLE SELECTIONS TO BE MADE FOR EACH SUCH OFFICE MAY BE CENTERED.
24. IF USED, SHADING SHALL BE USED CONSISTENTLY, SO AS TO DIFFEREN-
TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION.
25. ABOVE, BELOW, OR TO THE RIGHT OF THE NAME OF EACH CANDIDATE, SHALL
BE PRINTED, IN LESS PROMINENT TYPE FACE THAN THAT IN WHICH THE CANDI-
DATE'S NAME IS PRINTED, THE NAME OF THE POLITICAL PARTY OR INDEPENDENT
BODY BY WHICH THE CANDIDATE WAS NOMINATED OR DESIGNATED.
26. ALL PAPER BALLOTS OF THE SAME KIND FOR THE SAME POLLING PLACE
SHALL BE IDENTICAL.
27. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY WITH THE
FOLLOWING SPECIFICATIONS:
(A) THE INSTRUCTIONS IN SUBDIVISION TEN OF THIS SECTION SHALL BE
PRINTED IN THE UPPER LEFT HAND CORNER OF THE FRONT OF THE BALLOT;
(B) THE NAME OF EACH CANDIDATE SHALL BE PRINTED USING A FONT SIZE OF
NOT LESS THAN NINE POINTS;
(C) WHEN THE INSTRUCTIONS ARE CONTAINED ON THE BALLOT, THERE SHALL BE
A CLEAR DELINEATION BETWEEN THE BALLOT INSTRUCTIONS AND THE FIRST OFFICE
OR BALLOT QUESTION OR PROPOSAL THROUGH THE USE OF WHITE SPACE, ILLUS-
TRATION, SHADING, COLOR, FONT SIZE, OR BOLD TYPE.
S 4. Section 7-106 of the election law, the section heading and subdi-
visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
as renumbered by chapter 165 of the laws of 2010, is amended to read as
follows:
S 7-106. [Election day paper ballots; form of] BALLOTS; FORM OF, FOR
BALLOT SCANNERS, GENERAL, PRIMARY, OR SPECIAL ELECTIONS; ADDITIONAL
REQUIREMENTS. 1. IN ADDITION TO BALLOT REQUIREMENTS PROVIDED FOR IN
SECTION 7-104 OF THIS ARTICLE, ALL BALLOTS TO BE USED WITH ALL BALLOT
SCANNERS SHALL COMPLY WITH THE FOLLOWING PROVISIONS.
2. Paper ballots which are to be counted by a ballot scanner may
consist of two or more sheets which are divided into perforated sections
which can be separated at the time the ballot is scanned. Such ballots
shall be printed on paper of a quality, size, color, and weight
[approved by the state board of elections] SPECIFIED IN THE VOTING
SYSTEM'S TECHNICAL REQUIREMENTS DOCUMENTATION AND SHALL BE CLEARLY
DISTINGUISHABLE FROM SAMPLE BALLOTS BY SIZE, COLOR OR OTHER MEANS.
[2.] 3. All paper ballots of the same kind for the same polling place
shall be identical. [A different, but in each case uniform style and
size of type, shall be used for printing the names of candidates, the
titles of offices, political designations, and the reading form of all
A. 3389--B 6
questions submitted. The names of candidates shall be printed in capital
letters in black-faced type.]
[3.] 4. Each ELECTION DAY ballot shall be printed on the sheet with a
stub which shall be separated therefrom by a line of perforations
extending across the entire ballot. On the face of the stub shall be
printed "No........" the blank to be filled with consecutive number of
ballots beginning with "No. 1", and increasing in regular numerical
order.
[4.] 5. On such ballot shall be printed the following indorsement, the
blanks properly filled in:
Official Ballot for (General, Primary or Special, as applica-
ble)
Election
County of ........................
(Assembly or Legislative, as applicable) District
.....................
(Ward and City or town .................., as applica-
ble)............
Election District ...........................
(Insert date of election.)
(Insert names of election commissioners providing the ballot.)
[5. The following ballot instructions shall be printed in heavy black
type:
INSTRUCTIONS
(1) Mark only with a writing instrument provided by the board of
elections.
(2) To vote for a candidate whose name is printed on this ballot fill
in the (insert oval or square, as applicable) above or next to the name
of the candidate.
(3) To vote for a person whose name is not printed on this ballot
write or stamp his or her name in the space labeled "write-in" that
appears (insert at the bottom of the column, the end of the row or at
the bottom of the candidate names, as applicable) for such office (and,
if required by the voting system in use at such election, the
instructions shall also include "and fill in the (insert oval or square,
as applicable) corresponding with the write-in space in which you have
written in a name").
(4) To vote yes or no on a proposal, if any, that appears on the
(indicate where on the ballot the proposal may appear) fill in the
(insert oval or square, as applicable) that corresponds to your vote.
(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, party position or proposal.
(7) If you tear, or deface, or wrongly mark this ballot, return it and
obtain another. 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 replace-
ment ballot upon return of the original ballot.
A. 3389--B 7
(8) After completing your ballot, insert it into the ballot scanner
and wait for the notice that your ballot has been successfully scanned.
If no such notice appears, seek the assistance of an election inspector.
6. The instructions in subdivision five of this section 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 the other side" or
"See enclosed instructions", whichever is appropriate.
7. Each such ballot shall be printed in sections in which the candi-
dates' names and political designations, the ballot proposals and other
requisite matter shall each be boxed in by heavy black perpendicular
lines of equal width. In each such section shall be voting ovals or
squares which voters may fill in. If applicable, ovals or squares shall
be provided next to the blank spaces provided for a voter to write in a
name.
8. The space for the title of an office shall be three-eighths of an
inch, and the name of a candidate or for writing in a name, one-fourth
of an inch, in depth. At the left of the name of each designated candi-
date shall be an enclosed voting space, three-eighths of an inch in
width and approximately one-fourth of an inch in depth, bounded above,
below and to the right by black lines, heavier than those which separate
the spaces containing the names of candidates. To the left of voting
spaces which do not adjoin a vertical line dividing two parts, there
shall be a heavy black vertical line approximately one-eighth of an inch
in width. No voting space shall be provided in the space for writing in
names. In such case, the space corresponding to a voting space shall be
all black.
9. Below the names of the candidates for each office or position there
shall be printed as many blank spaces, for writing in names of persons
for whom the voter desires to vote, as there are persons to be nominated
or elected.
10. In case the sections shall be so numerous as to make the ballot
unwieldy if they are printed in one column, they may be printed in as
many columns as shall be necessary, and in that case, in order to
produce a rectangular ballot, blank sections may be used.
11. The names of parties or independent bodies which contain more
than fifteen letters may, whenever limitations of space so require, be
printed on the ballot in an abbreviated form. In printing the names of
candidates whose full names contain more than fifteen letters, only the
surname must be printed in full. The officer or board charged with the
duty of preparing the ballots shall request each such candidate to indi-
cate, in writing, the shortened form in which, subject to this
restriction, his name shall be printed. If no such indication is
received from such candidate within the time specified in the request,
such officer or board shall make the necessary determination. No emblem
shall occupy a space longer in any direction than the voting square to
which it relates.]
S 5. Section 7-108 of the election law is REPEALED.
S 6. Section 7-110 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
S 7-110. Ballots; form for ballot proposals; ADDITIONAL REQUIREMENTS.
Ballot proposals shall appear on the [voting machine or] ballot in a
separate section OR ON A SEPARATE SHEET OR CARD. At the left of, or
below or above, each proposal shall appear [two voting levers or] two
voting [squares, each at least one-half inch square] POSITIONS. Next to
A. 3389--B 8
the first [lever or square] VOTING POSITION shall be printed the word
"Yes," and next to the second [lever or square] VOTING POSITION shall be
printed the word "No." The proposals shall be numbered consecutively on
the [voting machine or] ballot. The number of each proposal shall appear
in front of its designation as an amendment, proposition or question in
the following form: "Proposal one, an amendment; proposal two, a propo-
sition; proposal three, a question".
S 7. Section 7-114 of the election law, as amended by chapter 234 of
the laws of 1976, paragraph (c) of subdivision 1 as amended by chapter
433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
chapter 461 of the laws of 1977, is amended to read as follows:
S 7-114. Ballots; form for primary election; ADDITIONAL REQUIREMENTS.
1. (a) [The] ON THE face of the official ballot for a primary election
[shall be divided into parts. Descriptive words to indicate the purpose
of each part shall be printed at its head. Beginning at the left or top,
the first part shall be entitled, and shall be for "Candidates] CONTESTS
AND CANDIDATES for nomination for public office[". The second part shall
be entitled, and shall be for "Candidates] SHALL APPEAR FIRST, FOLLOWED
BY CONTESTS AND CANDIDATES for party positions.["] When necessary, a
part may be divided into two or more columns or rows, but the names of
all persons designated for the same office or party position shall be in
the same column or row.
(b) [In each part shall be printed the titles of the offices or party
positions, as the case may be, for which the part is to be used, and
under each such title shall be printed the names of the designated
candidates for the office or position.
(c)] Where a candidate for nomination for the same public office or
for election to the same party position is designated by two or more
petitions, his OR HER name shall be placed upon the ballot for the
primary election but once as such a candidate.
[(d)] (C) The ballot shall not contain a space for voting for candi-
dates for uncontested offices and positions, and no ballot shall be
printed for a party [whose primary is uncontested] FOR WHICH THERE IS NO
CONTESTED OFFICE OR POSITION unless a petition for opportunity to ballot
has been filed.
2. (a) [The paper ballot for a primary election shall conform to the
form for paper ballots set forth in this article with respect to quality
and weight of paper, perforated line, and number on the stub on the back
of the ballot.
(b) On the back of the paper ballot, on the stub, immediately below
the number, shall be the name of the party. On the back of the ballot
and below the stub, and immediately to the left of the center of the
ballot, and on the front of the ballot, below the perforated line, shall
be printed, in addition to the other information required for paper
ballots, the name and emblem of the party and the words "Official prima-
ry ballot."
(c) On the front of the stub, above the perforated line at the top of
the paper ballot shall be printed the same instructions as on the gener-
al election ballot.
(d) The parts of the paper ballot below such heavy black horizontal
line shall be separated by a heavy black vertical line or lines, one-
fourth of an inch in width. Descriptive words to indicate the purpose of
each part shall be printed at its head, below the heavy black horizontal
line. Immediately below such captions shall be printed two light paral-
lel horizontal lines approximately one-sixteenth of an inch apart,
extending across each part.
A. 3389--B 9
(e) The names of candidates on paper ballots shall be numbered with
arabic numerals printed in heavy faced type beginning with "one" for the
first candidate named in the first part and continuing in numerical
order to and including the last candidate named in the last part, except
that where] ON THE OFFICIAL PRIMARY ELECTION BALLOT, THE BALLOT ENDORSE-
MENT SHALL INCLUDE THE NAME OF THE PARTY FOR WHICH SUCH BALLOT IS VALID.
(B) WHERE two or more candidates are to be elected to a party posi-
tion, the names of candidates designated by each petition shall be
grouped TOGETHER, and [each group shall have but one number, which shall
be printed opposite the approximate center of the group] MAY BE REFERRED
TO COLLECTIVELY ON THE BALLOT AS A GROUP.
[(f) The number of a candidate shall be printed on the paper ballot
between the voting space and the name of the candidate. Each group shall
have a bracket embracing the names in the group.
(g) Spaces containing names of candidates and for writing in names,
and intervening spaces on the paper ballot, shall be separated by light
horizontal lines. [Names of candidates shall be printed in capital
letters not less than one-eighth nor more than three-sixteenths of an
inch in height.
(h)] (C) The paper ballots of no two parties shall be IDENTIFIED BY
the same color OR COLOR MARKINGS, and the state board of elections
shall select the color for each new party[, and not later than twelve
weeks before a primary election, shall transmit to each board of
elections]. THE STATE BOARD OF ELECTIONS SHALL INCLUDE WITH THE BOARD'S
BALLOT CERTIFICATION a certificate stating the colors so selected.
S 8. Subdivisions 2, 3, 4 and 6 of section 7-116 of the election law,
subdivision 2 as amended by chapter 234 of the laws of 1976, subdivision
3 as amended by chapter 9 of the laws of 1978 and the second undesig-
nated paragraph of subdivision 6 as amended by chapter 121 of the laws
of 1997, are amended to read as follows:
2. The officer or board who or which prepares the ballot shall deter-
mine the order in which shall appear, below the names of party candi-
dates the nominations made only by independent bodies. Such officer or
board also shall determine the order in which shall be printed[, in a
section of such ballot] the names of two or more candidates nominated by
one party or independent body, for an office to which two or more
persons are to be elected; provided, however, that any such candidate
may, by a writing filed with such board or officer not later than [one
week] THREE BUSINESS DAYS after the adjournment of the convention or one
week after the primary election nominating him OR HER, or otherwise not
later than two days after the filing of the petition or certificate
nominating him OR HER, demand that such order be determined by lot, and
in that case such order shall be so determined, upon two days notice by
mail given by such board or officer to each candidate for such office.
The state board of elections shall perform the duties required by this
subdivision in all cases affecting nominations filed in its office.
3. The officer or board with whom or which are filed the designations
for a public office or party position shall determine by lot, upon two
days notice by mail given by such board or officer to each candidate for
such office or position and to the committee, if any, named in the
designating petition, the order in which shall be printed on the offi-
cial primary ballot, under the title of the office or position, the
names of candidates for public office, the names of candidates for a
party position to which not more than one person is to be elected, and
the groups of names of candidates for party position where two or more
persons are to be elected thereto and any petition designates two or
A. 3389--B 10
more persons therefor, provided, however, that whenever groups of names
for more than one party position are designated by the same petition,
the order in which they shall be printed on the official primary ballot
shall be determined by a single lot. Candidates for [delegate or deleg-
ates] DELEGATE(S) and alternate [delegate or delegates] DELEGATE(S) to
conventions designated by the same petition shall, for the purpose of
this subdivision, be treated as one group. The names of candidates, if
any, for a party position to which two or more persons are to be
elected, who are designated by individual petitions and not in a group
shall be printed [below] AFTER such group or groups, in such order
between themselves, as such officer or board shall determine by lot upon
the notice specified in this subdivision. The names within a group of
candidates designated for party position by one petition shall be print-
ed in the same order in which they appear in the petition, unless they
appear in a different order on different pages of the petition, in which
case their order within the group shall be determined by such officer or
board by lot upon the notice specified in this subdivision. Candidates
for members of a state committee designated by a single petition shall,
for the purposes of this subdivision, be treated as one group. However,
the notice to a committee of the drawing need not be mailed to more than
five members, if there be that many, and as to offices or party posi-
tions for which designating petitions are filed with the board of
elections of the city of New York the notice shall be given to the
committees only.
4. If a vacancy in a designation or nomination be filled after the
making, in the manner provided in this section, of a determination of
the order in which the names of candidates for the office or position
are to be printed, TO THE EXTENT PRACTICABLE, the name of the candidate
designated or nominated to fill such vacancy shall be printed in the
place so determined for the original candidate.
6. [In the city of New York, the ballot on the voting machine for
primary elections shall conform to the following additional provisions:
The names of the candidates designated for such public office or party
position in the primary of a party shall be placed under the title of
the office or position in the alphabetical order of their surnames, in
the first or lowest numbered assembly district and election district of
any political unit or subdivision within a county. If candidates'
surnames are identical, their given or first name shall determine their
order. Thereafter the names shall be rotated by election districts by
transposing the first named candidate to the bottom of the order at each
succeeding election district, so that each name shall appear first and
in each other position in an equal number, as nearly as possible, of the
election districts and except, further, that where two or more candi-
dates are to be elected to the same party position, the names of candi-
dates for such a position which appear on the same designating petition
shall be grouped together on the ballot in the order in which their
names appear on the designating petition and the group rotated alphabet-
ically in relation to other groups or individual candidates according to
the surname of the first person on the designating petition of such
group. Groups of candidates for delegate and alternate delegate, and
groups of candidates for male and female delegate and male and female
alternate delegate to the same convention designated on the same peti-
tion shall be rotated together alphabetically in relation to other
groups or individual candidates according to the surname of the first
person listed on such designating petition in the group of candidates
for whichever of such delegate or alternate delegate positions will
A. 3389--B 11
appear first on the voting machine. If the rules of a party committee
provide for equal representation of the sexes among the members of a
state committee elected from each unit of representation, elections
for male and female members of such a committee from a single unit of
representation shall be conducted as elections for two different party
positions. Notwithstanding the provisions of this paragraph, if the
board of elections has assigned numbers to the candidates for an office
or position because of identical or similar names among such candidates,
the names of such candidates shall be placed under the title of such
office or position in the order of such numbers in such first or lowest
numbered district, and the names shall not be rotated by election
district. Such names shall appear in the identical order on each ballot
in each election district.
County committee candidates or groups of candidates shall be printed
within the first election district of each assembly district or part
thereof, according to the priority of filing of designating petitions
and they shall then be rotated by election district by placing the
candidate or group of candidates designated in the same petition as the
candidate or group of candidates which was printed first in an election
district at the bottom of the order in the next succeeding election
district in which a candidate or group of candidates designated in such
petition appears on the ballot.
In cases where a name is added to or removed from the ballot by court
order too late to make a complete adjustment to these requirements
feasible, the name may be added at the bottom of the list of candidates
in all election districts, or removed from the ballot in all election
districts without changing the previously arranged order of other names
and without invalidating the election. Any inadvertent error in the
order of names discovered too late to correct the order of the names on
the ballots concerned shall not invalidate an election.
Except where a contest or candidate is removed from the ballot by
court order too late to make complete compliance with this paragraph
feasible, the title of each public office or party position and the
names of the candidates for such office or position appearing on any
voting machine used for primary elections in the city of New York shall
appear on such machine immediately adjacent to one another, either
horizontally or vertically; and no blank spaces shall separate the names
of candidates actually running for an office or party position on such
voting machine, and no blank spaces shall separate any two such offices
or positions which appear on such voting machine in the same column or
row.] (A) IN CASES WHERE A NAME IS ADDED TO OR REMOVED FROM THE BALLOT
BY COURT ORDER TOO LATE TO MAKE A COMPLETE ADJUSTMENT TO THESE REQUIRE-
MENTS FEASIBLE, THE NAME MAY BE ADDED AT THE END OF THE LIST OF CANDI-
DATES IN ALL ELECTION DISTRICTS, OR REMOVED FROM THE BALLOT IN ALL
ELECTION DISTRICTS WITHOUT CHANGING THE PREVIOUSLY ARRANGED ORDER OF
OTHER NAMES AND WITHOUT INVALIDATING THE ELECTION. ANY INADVERTENT ERROR
IN THE ORDER OF NAMES DISCOVERED TOO LATE TO CORRECT THE ORDER OF THE
NAMES ON THE BALLOTS CONCERNED SHALL NOT INVALIDATE AN ELECTION.
(B) EXCEPT WHERE A CONTEST OR CANDIDATE IS REMOVED FROM THE BALLOT BY
COURT ORDER TOO LATE TO MAKE COMPLETE COMPLIANCE WITH THIS PARAGRAPH
FEASIBLE, THE TITLE OF EACH PUBLIC OFFICE OR PARTY POSITION AND THE
NAMES OF THE CANDIDATES FOR SUCH OFFICE OR POSITION APPEARING ON ANY
BALLOT USED FOR PRIMARY ELECTIONS OVER WHICH THE COUNTY BOARD OF
ELECTIONS HAS JURISDICTION SHALL APPEAR ON SUCH BALLOT IMMEDIATELY ADJA-
CENT TO ONE ANOTHER, EITHER HORIZONTALLY OR VERTICALLY; AND NO BLANK
SPACES SHALL SEPARATE THE NAMES OF CANDIDATES ACTUALLY RUNNING FOR AN
A. 3389--B 12
OFFICE OR PARTY POSITION ON SUCH BALLOT, AND NO BLANK SPACES SHALL SEPA-
RATE ANY TWO SUCH OFFICES OR POSITIONS WHICH APPEAR ON SUCH BALLOT IN
THE SAME COLUMN OR ROW.
S 9. Section 7-118 of the election law, as amended by chapter 157 of
the laws of 1996, is amended to read as follows:
S 7-118. Ballots; facsimile and sample. 1. The board of elections
shall provide facsimile and sample ballots which shall be arranged in
the form of a diagram showing such part of the face of the voting
machine OR BALLOTS as shall be in use at that election. Such facsimile
and sample ballots shall be [either in full or reduced size] DISTIN-
GUISHABLE FROM THE OFFICIAL BALLOT BY SIZE, COLOR, OR OTHER MEANS and
shall contain suitable illustrated directions for voting on the voting
machine OR BALLOT.
2. Such facsimile ballots shall be mounted and displayed for public
inspection at each polling place during election day.
3. Sample ballots may be mailed by the board of elections to each
eligible voter at least three days before the election, or in lieu ther-
eof, a copy of such sample ballot may be published at least once within
one week preceding the election in newspapers [representing the major
political parties] OR ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS.
4. One copy of such facsimile shall be sent to each school in the
county, providing the ninth through the twelfth years of compulsory
education, and in the city of New York to each such school in the city
of New York, at least one week before each general election for posting
at a convenient place in such school. The board of elections shall also
send a facsimile ballot to any other school requesting such a ballot.
IN THE ALTERNATIVE, THE REQUIREMENTS OF THIS SUBDIVISION MAY BE FULLY
SATISFIED BY PUBLISHING SUCH FACSIMILE ON A WEBSITE MAINTAINED BY THE
BOARD OF ELECTIONS AND NOTIFYING EACH SUCH SCHOOL OF SUCH PUBLICATION.
S 10. Subdivisions 1 and 3 of section 7-120 of the election law,
subdivision 3 as amended by chapter 234 of the laws of 1976, are amended
to read as follows:
1. If any voting machine OR VOTING SYSTEM for use in any election
shall become out of order during an election it shall, if possible, be
repaired or another machine OR VOTING SYSTEM substituted as promptly as
possible. In case such repair or substitution cannot be made, emergency
ballots, printed or written, and of any suitable form, SHALL BE PROVIDED
BY THE BOARD OF ELECTIONS AND may be used for the [taking] CASTING of
votes.
3. It shall be the duty of each board of elections to cause a suffi-
cient number of emergency ballots to be placed at each polling place in
which voting machines OR VOTING SYSTEMS are used, to be employed in the
event the voting machines OR VOTING SYSTEMS break down. At any time
during the hour succeeding a breakdown, the inspectors of election may
use such emergency ballots, and if such breakdown lasts more than one
hour, such emergency ballots must be used. The sample ballots may be
used for this purpose in full or reduced size.
S 11. Section 7-122 of the election law, subdivision 1 as amended by
chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
(d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by
chapter 165 of the laws of 2010, subdivision 7 as amended by chapter 9
of the laws of 1978, and subdivisions 6 and 7 as renumbered by chapter
352 of the laws of 1986, is amended to read as follows:
S 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
A. 3389--B 13
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 and properly filled in:
Official Absentee Ballot for (General, Primary or Special, as applica-
ble)
Election
County of......................
(Assembly or Legislative, as applicable) District................
(Ward and City or town, as applicable)...........................
(Insert date of election)
(Insert names of election commissioners providing the ballot)
(d) On the front of the ballot prepared for counting by hand, shall be
printed in heavy black type the following instructions] ALL PROVISIONS
OF THIS CHAPTER NOT INCONSISTENT WITH THIS SUBDIVISION SHALL BE APPLICA-
BLE TO ABSENTEE BALLOTS PREPARED FOR COUNTING BY A BALLOT SCANNER OR BY
HAND. THE INSTRUCTIONS FOR MARKING AN ABSENTEE BALLOT SHALL BE PROVIDED
AND SHALL BE SUBSTANTIALLY AS FOLLOWS, SO THAT THEY ACCURATELY REFLECT
THE BALLOT LAYOUT:
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 check, 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 his or her name in the space that appears at the bottom of the
column or the end of the row (indicate where on the ballot the write-in
space appears) containing 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, party position or proposal.
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 replace-
ment ballot upon return of the original ballot.] MARK THE (INSERT "OVAL"
OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR CHOICE. (PROVIDE ILLUS-
TRATION OF CORRECTLY-MARKED VOTING POSITION HERE.) TO VOTE FOR A CANDI-
DATE WHOSE NAME IS NOT PRINTED ON THE BALLOT, (INSERT "MARK THE OVAL (OR
A. 3389--B 14
SQUARE) TO THE LEFT OF 'WRITE-IN' AND PRINT THE NAME CLEARLY" OR "PRINT
THE NAME CLEARLY IN THE BOX LABELED 'WRITE-IN'"), STAYING WITHIN THE
BOX. ANY MARK OR WRITING OUTSIDE THE SPACES PROVIDED FOR VOTING MAY VOID
THE ENTIRE BALLOT. YOU HAVE A RIGHT TO A REPLACEMENT BALLOT. IF YOU MAKE
A MISTAKE OR WANT TO CHANGE YOUR VOTE, CALL THE BOARD OF ELECTIONS AT
(INSERT PHONE NUMBER HERE) FOR INSTRUCTIONS ON HOW TO OBTAIN A NEW
BALLOT. THE NUMBER OF CHOICES IS LISTED FOR EACH CONTEST. DO NOT MARK
THE BALLOT FOR MORE CANDIDATES THAN ALLOWED. IF YOU DO, YOUR VOTE IN
THAT CONTEST WILL NOT COUNT.
(C) WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT,
INSTRUCTIONS SUBSTANTIALLY SIMILAR TO THOSE PROVIDED IN SUBDIVISION TEN
OF SECTION 7-104 OF THIS ARTICLE SHALL BE INCLUDED.
2. [The following provisions shall apply to all absentee ballots
prepared for counting by a ballot scanner 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 ballot proposals may be on the back of the ballot, or on a
separate ballot.
(c) The printed instructions to the voter shall read as follows:
INSTRUCTIONS
1. Mark only with a pen or pencil.
2. To vote for a candidate whose name is printed on this ballot, fill
in the (insert oval or square, as applicable) above or next to the name
of the candidate.
3. To vote for a person whose name is not printed on this ballot,
write or stamp his or her name in the space labeled "write-in" that
appears (insert at the bottom of the column or the end of the row, as
applicable) containing the title of the office and, if required by the
voting system in use at such election, the instructions shall also
include "and fill in the (insert oval or square, as applicable) corre-
sponding with the write-in space in which the voter has written a name."
4. To vote yes or no on a proposal, if any, that appears on the (indi-
cate where on the ballot the proposal may appear) fill in the (insert
oval or square, as applicable) that corresponds to your vote.
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, party position or proposal.
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 choic-
es, you may obtain and complete a new ballot. You have a right to a
replacement ballot upon return of the original ballot.
(d) 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.
A. 3389--B 15
(e) Such ballots which are to be counted by a ballot scanner may
consist of two or more sheets, which are divided into perforated
sections which can be separated at the time of canvassing.
3.] 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, desig-
nation or nomination is invalid and, in the event of such later determi-
nation, no vote cast for any such nominee by any voter shall be counted
at the election.
[5.] 3. THERE SHALL BE THREE ENVELOPES FOR EACH ABSENTEE BALLOT ISSUED
BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY BOARD OF ELECTIONS. The board of elections shall furnish with each
absentee ballot an inner affirmation envelope. On one side of the envel-
ope 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 ....................................
Legislative District (as applicable) .................
Ward (as applicable) .................................
Election District.....................................
Party Enrollment (in case of primary election)........
[6] 4. 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.] 5. There shall also be a place for two BOARD OF ELECTIONS STAFF
MEMBERS OR inspectors of opposite political parties to indicate, by
placing their initials thereon, that they have checked and marked the
voter's poll record.
[8.] 6. On the reverse side of such inner affirmation envelope shall
be printed the following statement:
AFFIRMATION
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
A. 3389--B 16
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 here-
tofore 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 imped-
iment 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 OR HER own
name)
.....................................
Address of Witness
[9.] 7. The inner affirmation envelope shall be gummed, ready for
sealing, and shall have printed thereon, on the side opposite the state-
ment, instructions as to the duties of the voter after the marking of
the ballot, which instructions shall include a specific direction stat-
ing when such ballot must be postmarked and when such ballot must reach
the office of the board of elections in order to be canvassed.
[10.] 8. Each INNER AFFIRMATION ballot envelope shall be enclosed in
an outer envelope addressed to the appropriate board of elections and
bearing on it a specific direction that if an original application for
an absentee ballot is received with the ballot, such application must be
completed by the voter and returned in the outer envelope together with
the sealed inner affirmation envelope containing the absentee ballot
within the time limits for receipt of the absentee ballot itself. Such
inner affirmation envelope and outer envelope shall be enclosed in [a]
THE third envelope addressed to the absentee voter. The outer and third
envelopes shall have printed on the face thereof the words "Election
Material--Please Expedite".
S 12. The opening paragraph of subdivision 3 of section 7-123 of the
election law, as amended by chapter 104 of the laws of 2010, is amended
to read as follows:
THERE SHALL BE THREE ENVELOPES FOR EACH MILITARY ABSENTEE BALLOT
ISSUED WHEN THE MILITARY VOTER'S PREFERRED METHOD OF TRANSMISSION IS BY
MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY BOARD OF ELECTIONS. The board of elections shall furnish an inner
affirmation envelope with each military ballot upon which envelope shall
be printed:
S 13. The opening and closing paragraphs of subdivision 2 of section
7-124 of the election law, as amended by chapter 104 of the laws of
2010, are amended to read as follows:
THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL FEDERAL ABSENTEE
BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER
A. 3389--B 17
PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
furnish an inner affirmation envelope with each special federal ballot
upon which envelope shall be printed:
I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.
Date.................20..... .....................................
Signature or mark of voter
.....................................
Signature of Witness (required only
if voter does not sign his OR HER own
name)
.....................................
Address of Witness
S 14. Subdivisions 2 and 3 of section 7-125 of the election law,
subdivision 3 as amended by chapter 235 of the laws of 2000, are amended
to read as follows:
2. THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL PRESIDENTIAL ABSEN-
TEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A
VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
furnish with each special presidential ballot an envelope. On one side
of the envelope shall be printed:
OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS,
FOR GENERAL ELECTION,
NOVEMBER......., [19] 20....
Name of voter ..........................................................
Residence from which vote is being cast:
Street and number ......................................................
City or town ...........................................................
County .................................................................
Assembly District or Ward ..............................................
Election District ......................................................
The date of the election and name of the county shall be printed, and
the name of the voter, residence, name of the city or town, number of
ward or assembly district, if any, and election district shall be print-
ed, written or stamped in by the board.
3. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF SPECIAL PRESIDENTIAL VOTER
I do declare I am a qualified special presidential voter of said
district; that I am not qualified and am not able to qualify to vote
elsewhere than as set forth on the reverse side of this envelope; that I
am a citizen of the United States; that on the date of the election for
A. 3389--B 18
which this ballot is voted, I will be at least eighteen years of age;
and 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, 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 OR HER own
name)
.....................................
Address of Witness
S 15. Section 7-128 of the election law is amended to read as follows:
S 7-128. Ballots; inspection of. 1. Each officer or board charged with
the duty of providing official ballots for an election shall have sample
ballots open to public inspection [five] TWENTY-EIGHT days before the
election for which they were prepared and the official ballots open to
such inspection [four] FOURTEEN days before such election [except that
the sample and official ballots for a village election held at a differ-
ent time from a general election shall be open to public inspection at
least two days before such election]. During the times within which the
ballots are open for inspection, such officer or board shall deliver to
each voter applying therefor a sample of the ballot which he OR SHE is
entitled to vote.
2. A. Each officer or board charged with the duty of preparing ballots
to be used [on voting machines] in any election shall give written
notice, by first class mail, to all candidates, except candidates for
member of the county committee, who are lawfully entitled to have their
names appear thereon, of the time when, and the place where, they may
inspect the [voting machines] BALLOTS to be used for such election. The
candidates or their designated representatives may appear at the time
and place specified in such notice to inspect such [machines] BALLOTS,
provided, however, that the time so specified shall be [not less than
two] NO LATER THAN FOURTEEN days [prior to the date of] BEFORE the
election AT WHICH THE BALLOTS WILL BE USED.
B. A candidate, whose name appears on the ballot [for an election
district] or his OR HER designated representative, may, in the presence
of the election officer attending the [voting machine] BALLOT, inspect
the [face of the machine] BALLOT to see that his OR HER ballot [label]
POSITION is in its proper place[, but at no time during the inspection
shall the booth be closed] OR PLACES.
3. EACH OFFICER OR BOARD CHARGED WITH THE DUTY OF PREPARING BALLOTS
TO BE USED WITH VOTING MACHINES OR SYSTEMS IN ANY ELECTION SHALL GIVE
WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL CANDIDATES, EXCEPT CANDI-
DATES FOR MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED TO
HAVE THEIR NAMES APPEAR THEREON, OF THE TIME WHEN, AND THE PLACE WHERE,
THEY MAY INSPECT THE VOTING MACHINES OR SYSTEMS TO BE USED FOR SUCH
ELECTION. THE CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY APPEAR
AT THE TIME AND PLACE SPECIFIED IN SUCH NOTICE TO VIEW THE CONDUCT OF
A. 3389--B 19
THE LOGIC AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON SUCH VOTING
MACHINES OR SYSTEMS, PROVIDED HOWEVER, THAT THE TIME SO SPECIFIED SHALL
BE NOT LESS THAN FIFTEEN DAYS PRIOR TO THE DATE OF THE ELECTION.
S 16. Section 7-130 of the election law is amended to read as follows:
S 7-130. Ballots; examination by voters and instruction in use of
voting machines. One or more voting machines which shall contain the
ballot labels, showing the [party emblems and] title of officers to be
voted for, and which shall so far as practicable contain the names of
the candidates to be voted for, shall be placed on public exhibition in
some suitable place by the board of elections, in charge of competent
instructors, for at least three days during the thirty days next preced-
ing an election. No voting machine which is to be assigned for use in an
election shall be used for such purpose after having been prepared and
sealed for the election. During such public exhibition, the counting
mechanism of the machine shall be concealed from view and the doors may
be temporarily opened only when authorized by the board or official
having charge and control of the election. Any voter shall be allowed to
examine such machine, and upon request shall be instructed in its use.
S 17. This act shall take effect immediately and shall apply to
ballots to be used for elections occurring on or after the first day of
July next succeeding the year in which it shall have become a law.
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