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This entry was published on 2014-09-22
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SECTION 7-205
Voting machines; use of at primaries
Election (ELN) CHAPTER 17, ARTICLE 7, TITLE 2
§ 7-205. Voting machines; use of at primaries. 1. The board of
elections of any county outside the city of New York may adopt, and
shall adopt when required by local law in any city or by action of the
county legislative body in any county, the use of voting machines for
contested primary elections in any or all parts of such city or county
for any office or position for which such board is not required to use
such machines. Wherever voting machines are used for primary elections,
the board of elections having jurisdiction over elections in the city,
county or town concerned shall issue directions for such use for each
primary election which shall be in conformity with the provisions of
this section and of all other applicable provisions of this chapter and
which shall be binding on all election officials in the area involved.

2. Additional voting machines may be acquired for this purpose. If the
voting machines used are equipped with a mechanism by which a voter of
one party may be permitted to vote for any candidate of his own party
but prevented from voting for any candidates of other parties, the same
machines may be used for the primaries of all parties or of more than
one party. In the use of such a machine an inspector assigned for the
purpose by the board of inspectors shall set the machine before each
voter enters the voting booth so that it can be operated only for
candidates of the party in which the voter is enrolled. If the face of a
single machine will not hold the candidates of all parties, two or more
machines may be used in a single election district, but all the
candidates of any one party for whose primary contests voting machines
are used must appear on the same machine except as provided in
subdivision five of this section.

3. If the voting machines are not thus adapted to use for the primary
contests of more than one party on the same machine, a separate voting
machine shall be provided for the primary contests of each party for
which such voting machines are used. Voting machines of both types may
be used in the same primary election in different election districts or
in the same election district for different parties.

4. Wherever voting machines are used for primary elections, they shall
be used in accordance with the following provisions of this section for
all primary contests so far as the available supply of voting machines
will permit, except that the use of voting machines in all contested
primary elections in the city of New York shall be mandatory except as
provided in subdivision five. Outside the city of New York, if the
available supply of voting machines is insufficient to contain all
primary contests, paper ballots shall be used insofar as necessary. If
there are not enough voting machines to cover all election districts for
all parties therein, preference shall be given in the use of machines,
first to contests for nomination for public office over contests for
election to party position and, second to the contests which are held in
the greatest numbers of election districts. If a voting machine used for
a party in a particular election district will not accommodate all the
candidates of the party therein, as many as possible of the contests of
such party shall be carried on the voting machine subject to the
following priorities: first to contests for nomination for public
office, and second to offices voted for in such party in the most
election districts. Subject to these requirements, the board of
elections of any county outside the city of New York shall designate
which election districts and which parties therein shall use voting
machines for primary contests, and which contests shall appear on a
voting machine when the machine will not accommodate all the contests of
a party.

5. To provide an opportunity for voting for offices or party positions
for which more candidates have been designated than can be accommodated
on the voting machines, the board of elections may provide for the use
of a separate paper ballot for such offices and positions when other
offices and positions are voted for on voting machines by voters of the
same party.

6. When voting machines are used for primary elections the provisions
of the other sections of this article shall be observed so far as
applicable, except that the provisions for party rows or columns and the
use of party names and emblems for each individual candidate shall be
disregarded. When primary candidates of more than one party appear on
the same voting machine, the candidates of each party shall appear
together on one part of the machine distinctly and prominently separated
from the part or parts used for candidates of other parties and
prominently labeled with the name of the party. When a voting machine is
used for the primary candidates of one party only, the machine shall be
prominently labeled with the name of that party.

7. The state board of elections shall have power to issue
supplementary instructions for the use of voting machines in primary
elections in accordance with the provisions of this section. Subject to
such instructions and to the provisions of this section the board of
elections shall have power to make all necessary or desirable provisions
for such use.