Bill Text: NY S01512 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts the voter friendly ballot act; relates to the form of the ballot for elections; removes additional provisions for primary elections for New York city.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-01-22 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01512 Detail]
Download: New_York-2017-S01512-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1512--A 2017-2018 Regular Sessions IN SENATE January 10, 2017 ___________ Introduced by Sens. AVELLA, ADDABBO, PARKER, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "voter friendly ballot act". 3 § 2. Paragraph a of subdivision 3 of section 7-102 of the election 4 law, as added by chapter 371 of the laws of 1990, is amended to read as 5 follows: 6 a. In the event that a candidate in a primary election believes that 7 the name of another candidate for the same office or position at such 8 election is sufficiently similar to his or hers so as to cause confusion 9 among the voters, such candidate may, not later than five days after the 10 last day to file the certificates or petitions of designation, file with 11 the board of elections with which such certificates or petitions of 12 designation are filed, a request that such board determine that such a 13 sufficient similarity exists. 14 § 3. Section 7-104 of the election law, as amended by chapter 165 of 15 the laws of 2010, is amended to read as follows: 16 § 7-104. Ballots; form of[, voting machine]. 1. All ballots shall be 17 printed and/or displayed in a format and arrangement, of such uniform 18 size and style as will fit the ballot [frame], and shall be in as plain 19 and clear a type or display as the space will reasonably permit, using 20 only sans serif print fonts. Such type or display on the ballot shall 21 satisfy all requirements and standards set forth pursuant to the federal 22 Help America Vote Act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01269-04-7S. 1512--A 2 1 2. The names of parties or independent bodies which contain more than 2 fifteen letters may, whenever limitations of space so require, be print- 3 ed on the ballot in an abbreviated form. In printing the names of candi- 4 dates whose full names contain more than fifteen letters, only the 5 surname must be printed in full. The officer or board charged with the 6 duty of [preparing the ballots] certifying the candidates for such 7 office shall request each such candidate to indicate, in writing, the 8 shortened form in which, subject to this restriction, his or her name 9 shall be printed. If no such indication is received from such candidate 10 within the time specified in the request, such officer or board shall 11 make the necessary determination. 12 3. (a) The party name or other designation[, and a designating letter13and number] shall be affixed to the name of each candidate, or, in case 14 of presidential electors, to the names of the candidates for president 15 and vice-president of such party. 16 (b) A column/row designating number may be affixed to the name of each 17 candidate, or in the case of presidential electors, to the names of the 18 candidates for president and vice-president of such party. 19 (c) The titles of offices may be arranged horizontally, with the names 20 of candidates for an office and the space, slot or device for write-in 21 [ballots] votes for such office arranged vertically under the title of 22 the office, or the titles of offices may be arranged vertically, with 23 the names of candidates for an office and the space, slot or device for 24 write-in [ballots] votes for such office arranged horizontally opposite 25 the title of the office. 26 [(c)] (d) Each office shall occupy as many columns or rows on the 27 [machine] ballot as the number of candidates to be elected to that 28 office, except where candidate placements due to cross endorsements 29 require additional columns or rows. 30 4. (a) The names of all candidates nominated by any party or independ- 31 ent body for an office shall always appear in the row or column contain- 32 ing generally the names of candidates nominated by such party or inde- 33 pendent body for other offices except as hereinafter provided. 34 (b) When the same person has been nominated for an office to be filled 35 at the election by more than one party, the voting machine shall be so 36 adjusted that his or her name shall appear in each row or column 37 containing generally the names of candidates for other offices nominated 38 by any such party. 39 (c) If such candidate has also been nominated by one or more independ- 40 ent bodies, his or her name shall appear only in each row or column 41 containing generally the names of candidates for other offices nominated 42 by any such party and the name of each such independent body shall 43 appear in one such row or column to be designated by the candidate in a 44 writing filed with the officer or board charged with the duty of 45 [providing ballots] certifying the candidates for such office, or if 46 such person shall fail to so designate, the names of such independent 47 bodies shall appear in such row or column as such officer or board shall 48 determine. 49 (d) If any person shall be nominated for any office by one party and 50 two or more independent bodies his or her name shall appear on the 51 [voting machine] ballot twice; once in the row or column containing 52 generally the names of candidates for other offices nominated by such 53 party, and once in the row or column containing generally the names of 54 candidates nominated by the independent body designated by such person 55 in a writing filed with the officer or board charged with the duty of 56 [providing ballots] certifying the candidates for such office and inS. 1512--A 3 1 connection with the name of such person in such row or column shall 2 appear the name of each independent body nominating him or her or, if 3 such person shall fail to so designate, the name of such candidate and 4 the names of such independent bodies shall appear in such row or column 5 as such officer or board shall determine. 6 (e) If any person is nominated for any office only by more than one 7 independent bodies, his or her name shall appear but once upon the 8 machine in one such row or column to be designated by the candidate in a 9 writing filed with the officer or board charged with the duty of provid- 10 ing ballots, or if the candidate shall fail to so designate, in the 11 place designated by the officer or board charged with the duty of 12 [providing ballots] certifying the candidates for such office, and in 13 connection with his or her name there shall appear the name of each 14 independent body nominating him or her, but, where the capacity of the 15 [machine] ballot will permit, the name of such person shall not appear 16 or be placed in a column or on a horizontal line with the names of 17 persons nominated by a party for other offices. 18 5. Notwithstanding the provisions of subdivision four of this section, 19 the name of a person who is nominated for the office of governor, or 20 state senator, or member of assembly, shall appear on the ballot as many 21 times as there are parties or independent bodies nominating him or her, 22 and there shall be a separate voting [and registering device] position 23 at each place in which such name shall appear. 24 6. If any type of machine used in any county or city contains any 25 feature approved by the state board of elections, the use of which is 26 neither required nor prohibited by the provisions of this chapter, the 27 board of elections may, by resolution, require that one or more of such 28 features shall be used in such county. Thereafter all machines of such 29 type used in such county or city shall be operated in conformity with 30 any such resolution. Any such resolution may thereafter be rescinded by 31 such board and after being so rescinded may be re-adopted. Once re-a- 32 dopted by any board of elections, such a resolution may not be rescinded 33 again by such board. 34 7. The ballot shall have printed upon it in black ink for each party 35 or independent row, at the head of the column or the beginning of the 36 row containing the names of candidates, [the image of a closed fist with37index finger extended pointing to the party or independent row. In the38same space, in black letters as large as the space will permit, shall be39printed] the name of the party or independent body [and at the right of40the fist and below the index finger shall be printed in black ink the41emblem] and the designating [letters] letter of the row or column. 42 8. With respect to candidates for the offices of governor and lieuten- 43 ant governor of a party or independent body, ballots shall be printed so 44 that the names of such candidates for both offices shall appear in the 45 same row or column, with the name of the candidate for governor appear- 46 ing first and the ballot shall be so adjusted that both offices are 47 voted for jointly and have but one designating [letter or] number if 48 such column/row designating numbers are utilized. 49 9. In those counties in which ballots are required by federal law, or 50 otherwise, to be provided in a language other than English, there shall 51 be versions of the ballot printed in English and in each of the addi- 52 tional languages required so that each version of the ballot shall 53 contain English and no more than two other languages. The county board 54 of elections in such counties shall instruct, in their poll worker 55 training and materials, the procedures to be followed to ensure thatS. 1512--A 4 1 each voter receives a ballot with the appropriate language as determined 2 by the state board. 3 10. Each ballot shall contain instructions for marking the ballot. The 4 instructions shall be printed in line lengths no wider than five inches. 5 Ballot instructions may be printed on the front or back of the ballot or 6 on a separate sheet or card. If such instructions are not printed on the 7 front of the ballot, there shall be printed on the ballot, in the larg- 8 est size type practicable, the following legend: "See instructions on 9 the other side" or "See instructions (insert where instructions are 10 found)", whichever is appropriate. 11 11. The offices appearing on all ballots shall be listed in the 12 customary order. 13 12. If two or more candidates are nominated for the same office for 14 different terms, the term for which each is nominated shall be printed 15 as a part of the title of the office. 16 13. The text for ballot instructions shall be substantially as 17 follows, so that it accurately reflects the ballot layout: 18 INSTRUCTIONS 19 Mark the (insert "oval" or "square") to the left of the name of your 20 choice. (Provide illustration of correctly-marked voting position here.) 21 To vote for a candidate whose name is not printed on the ballot, (insert 22 "mark the oval (or square) to the left of 'write-in' and print the name 23 clearly" or "print the name clearly in the box labeled 'write-in'"), 24 staying within the box. Any mark or writing outside the spaces provided 25 for voting may void the entire ballot. The number of choices is listed 26 for each contest. Do not mark the ballot for more candidates than 27 allowed. If you do, your vote in that contest will not count. If you 28 make a mistake, or want to change your vote, ask a poll worker for a new 29 ballot. 30 14. The state board of elections shall provide line drawing illus- 31 trations to supplement these instructions. At a minimum, an illustration 32 of the correct way to mark the ballot shall be provided, but nothing in 33 this section shall be construed to limit the board in providing addi- 34 tional illustrations. 35 15. When a question or proposal is included on the ballot, 36 instructions substantially like the following shall be included: 37 Instructions for Voting on Questions and Proposals 38 To vote on a question or proposal, mark the (insert "oval" or "square") 39 to the (insert "left", "above" or "below") of your choice. If you make a 40 mistake, or want to change your vote, ask a poll worker for a new 41 ballot. 42 16. When a question or proposal appears on the back of the ballot, 43 there shall appear on the front of the ballot words or a symbol indicat- 44 ing that the voter should turn over the ballot. 45 17. The voting oval or square shall be to the left of the name of the 46 candidate. 47 18. All text, including the name of each candidate as provided in 48 subdivision three of this section, shall be printed using standard 49 capitalization in accordance with instructions provided by the state 50 board of elections and shall not be printed using all capital letters. 51 19. The ballot shall use one font or font family with enough vari- 52 ations for all text needs.S. 1512--A 5 1 20. "Vote for one" or "Vote for up to ......" (the blank space to be 2 filled with the number of persons to be nominated for the office or 3 elected to the position), as applicable, shall be printed immediately 4 below each office title appearing on the ballot. 5 21. No party emblems shall be printed on the ballot. 6 22. The names of candidates for the same office shall appear on the 7 same page and in the same column(s) or row(s) of that page of a printed 8 ballot, and may not be separated by a perforation. 9 23. All text, including the title of each office and the name of each 10 candidate, shall be printed flush left and shall not be centered on the 11 ballot or in any column or row appearing on the ballot; provided howev- 12 er, in a multi-column or multi-row contest, the title and number of 13 allowable selections to be made for each such office may be centered. 14 24. If used, shading shall be used consistently, so as to differen- 15 tiate instructions from ballot section dividers and contest information. 16 25. Above, below, or to the right of the name of each candidate, shall 17 be printed, in less prominent type face than that in which the candi- 18 date's name is printed, the name of the political party or independent 19 body by which the candidate was nominated or designated. 20 26. All paper ballots of the same kind for the same polling place 21 shall be identical. 22 27. To the extent practicable, the ballot shall also comply with the 23 following specifications: 24 (a) The instructions in subdivision ten of this section shall be 25 printed in the upper left hand corner of the front of the ballot; 26 (b) The name of each candidate shall be printed using a font size of 27 not less than nine points; 28 (c) When the instructions are contained on the ballot, there shall be 29 a clear delineation between the ballot instructions and the first office 30 or ballot question or proposal through the use of white space, illus- 31 tration, shading, color, font size, or bold type. 32 § 4. Section 7-106 of the election law, the section heading and subdi- 33 visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11 34 as renumbered by chapter 165 of the laws of 2010, is amended to read as 35 follows: 36 § 7-106. [Election day paper ballots; form of] Ballots; form of, for 37 ballot scanners, general, primary, or special elections; additional 38 requirements. 1. In addition to ballot requirements provided for in 39 section 7-104 of this article, all ballots to be used with all ballot 40 scanners shall comply with the following provisions. 41 2. Paper ballots which are to be counted by a ballot scanner may 42 consist of two or more sheets which are divided into perforated sections 43 which can be separated at the time the ballot is scanned. Such ballots 44 shall be printed on paper of a quality, size, color, and weight 45 [approved by the state board of elections] specified in the voting 46 system's technical requirements documentation and shall be clearly 47 distinguishable from sample ballots by size, color or other means. 48 [2.] 3. All paper ballots of the same kind for the same polling place 49 shall be identical. [A different, but in each case uniform style and50size of type, shall be used for printing the names of candidates, the51titles of offices, political designations, and the reading form of all52questions submitted. The names of candidates shall be printed in capital53letters in black-faced type.] 54 [3.] 4. Each election day ballot shall be printed on the sheet with a 55 stub which shall be separated therefrom by a line of perforations 56 extending across the entire ballot. On the face of the stub shall beS. 1512--A 6 1 printed "No........" the blank to be filled with consecutive number of 2 ballots beginning with "No. 1", and increasing in regular numerical 3 order. 4 [4.] 5. On such ballot shall be printed the following indorsement, the 5 blanks properly filled in: 6 Official Ballot for (General, Primary or Special, as applica- 7 ble) 8 Election 9 County of ........................ 10 (Assembly or Legislative, as applicable) District 11 ..................... 12 (Ward and City or town .................., as applica- 13 ble)............ 14 Election District ........................... 15 (Insert date of election.) 16 (Insert names of election commissioners providing the ballot.) 17 [5. The following ballot instructions shall be printed in heavy black18type:19INSTRUCTIONS20(1) Mark only with a writing instrument provided by the board of21elections.22(2) To vote for a candidate whose name is printed on this ballot fill23in the (insert oval or square, as applicable) above or next to the name24of the candidate.25(3) To vote for a person whose name is not printed on this ballot26write or stamp his or her name in the space labeled "write-in" that27appears (insert at the bottom of the column, the end of the row or at28the bottom of the candidate names, as applicable) for such office (and,29if required by the voting system in use at such election, the30instructions shall also include "and fill in the (insert oval or square,31as applicable) corresponding with the write-in space in which you have32written in a name").33(4) To vote yes or no on a proposal, if any, that appears on the34(indicate where on the ballot the proposal may appear) fill in the35(insert oval or square, as applicable) that corresponds to your vote.36(5) Any other mark or writing, or any erasure made on this ballot37outside the voting squares or blank spaces provided for voting will void38this entire ballot.39(6) Do not overvote. If you select a greater number of candidates than40there are vacancies to be filled, your ballot will be void for that41public office, party position or proposal.42(7) If you tear, or deface, or wrongly mark this ballot, return it and43obtain another. Do not attempt to correct mistakes on the ballot by44making erasures or cross outs. Erasures or cross outs may invalidate all45or part of your ballot. Prior to submitting your ballot, if you make a46mistake in completing the ballot or wish to change your ballot choices,47you may obtain and complete a new ballot. You have a right to a replace-48ment ballot upon return of the original ballot.49(8) After completing your ballot, insert it into the ballot scanner50and wait for the notice that your ballot has been successfully scanned.51If no such notice appears, seek the assistance of an election inspector.526. The instructions in subdivision five of this section may be printed53on the front or back of the ballot or on a separate sheet or card. IfS. 1512--A 7 1such instructions are not printed on the front of the ballot, there2shall be printed on the ballot, in the largest size type for which there3is room, the following legend: "See instructions on the other side" or4"See enclosed instructions", whichever is appropriate.57. Each such ballot shall be printed in sections in which the candi-6dates' names and political designations, the ballot proposals and other7requisite matter shall each be boxed in by heavy black perpendicular8lines of equal width. In each such section shall be voting ovals or9squares which voters may fill in. If applicable, ovals or squares shall10be provided next to the blank spaces provided for a voter to write in a11name.128. The space for the title of an office shall be three-eighths of an13inch, and the name of a candidate or for writing in a name, one-fourth14of an inch, in depth. At the left of the name of each designated candi-15date shall be an enclosed voting space, three-eighths of an inch in16width and approximately one-fourth of an inch in depth, bounded above,17below and to the right by black lines, heavier than those which separate18the spaces containing the names of candidates. To the left of voting19spaces which do not adjoin a vertical line dividing two parts, there20shall be a heavy black vertical line approximately one-eighth of an inch21in width. No voting space shall be provided in the space for writing in22names. In such case, the space corresponding to a voting space shall be23all black.249. Below the names of the candidates for each office or position there25shall be printed as many blank spaces, for writing in names of persons26for whom the voter desires to vote, as there are persons to be nominated27or elected.2810. In case the sections shall be so numerous as to make the ballot29unwieldy if they are printed in one column, they may be printed in as30many columns as shall be necessary, and in that case, in order to31produce a rectangular ballot, blank sections may be used.3211. The names of parties or independent bodies which contain more33than fifteen letters may, whenever limitations of space so require, be34printed on the ballot in an abbreviated form. In printing the names of35candidates whose full names contain more than fifteen letters, only the36surname must be printed in full. The officer or board charged with the37duty of preparing the ballots shall request each such candidate to indi-38cate, in writing, the shortened form in which, subject to this39restriction, his name shall be printed. If no such indication is40received from such candidate within the time specified in the request,41such officer or board shall make the necessary determination. No emblem42shall occupy a space longer in any direction than the voting square to43which it relates.] 44 § 5. Section 7-108 of the election law is REPEALED. 45 § 6. Section 7-110 of the election law, as amended by chapter 647 of 46 the laws of 1982, is amended to read as follows: 47 § 7-110. Ballots; form for ballot proposals; additional requirements. 48 Ballot proposals shall appear on the [voting machine or] ballot in a 49 separate section or on a separate sheet or card. At the left of, or 50 below or above, each proposal shall appear [two voting levers or] two 51 voting [squares, each at least one-half inch square] positions. Next to 52 the first [lever or square] voting position shall be printed the word 53 "Yes," and next to the second [lever or square] voting position shall be 54 printed the word "No." The proposals shall be numbered consecutively on 55 the [voting machine or] ballot. The number of each proposal shall appear 56 in front of its designation as an amendment, proposition or question inS. 1512--A 8 1 the following form: "Proposal one, an amendment; proposal two, a propo- 2 sition; proposal three, a question". 3 § 7. Section 7-114 of the election law, as amended by chapter 234 of 4 the laws of 1976, paragraph (c) of subdivision 1 as amended by chapter 5 433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by 6 chapter 461 of the laws of 1977, is amended to read as follows: 7 § 7-114. Ballots; form for primary election; additional requirements. 8 1. (a) [The] On the face of the official ballot for a primary election 9 [shall be divided into parts. Descriptive words to indicate the purpose10of each part shall be printed at its head. Beginning at the left or top,11the first part shall be entitled, and shall be for "Candidates] contests 12 and candidates for nomination for public office[". The second part shall13be entitled, and shall be for "Candidates] shall appear first, followed 14 by contests and candidates for party positions.["] When necessary, a 15 part may be divided into two or more columns or rows, but the names of 16 all persons designated for the same office or party position shall be in 17 the same column or row. 18 (b) [In each part shall be printed the titles of the offices or party19positions, as the case may be, for which the part is to be used, and20under each such title shall be printed the names of the designated21candidates for the office or position.22(c)] Where a candidate for nomination for the same public office or 23 for election to the same party position is designated by two or more 24 petitions, his or her name shall be placed upon the ballot for the 25 primary election but once as such a candidate. 26 [(d)] (c) The ballot shall not contain a space for voting for candi- 27 dates for uncontested offices and positions, and no ballot shall be 28 printed for a party [whose primary is uncontested] for which there is no 29 contested office or position unless a petition for opportunity to ballot 30 has been filed. 31 2. (a) [The paper ballot for a primary election shall conform to the32form for paper ballots set forth in this article with respect to quality33and weight of paper, perforated line, and number on the stub on the back34of the ballot.35(b) On the back of the paper ballot, on the stub, immediately below36the number, shall be the name of the party. On the back of the ballot37and below the stub, and immediately to the left of the center of the38ballot, and on the front of the ballot, below the perforated line, shall39be printed, in addition to the other information required for paper40ballots, the name and emblem of the party and the words "Official prima-41ry ballot."42(c) On the front of the stub, above the perforated line at the top of43the paper ballot shall be printed the same instructions as on the gener-44al election ballot.45(d) The parts of the paper ballot below such heavy black horizontal46line shall be separated by a heavy black vertical line or lines, one-47fourth of an inch in width. Descriptive words to indicate the purpose of48each part shall be printed at its head, below the heavy black horizontal49line. Immediately below such captions shall be printed two light paral-50lel horizontal lines approximately one-sixteenth of an inch apart,51extending across each part.52(e) The names of candidates on paper ballots shall be numbered with53arabic numerals printed in heavy faced type beginning with "one" for the54first candidate named in the first part and continuing in numerical55order to and including the last candidate named in the last part, exceptS. 1512--A 9 1that where] on the official primary election ballot, the ballot endorse- 2 ment shall include the name of the party for which such ballot is valid. 3 (b) where two or more candidates are to be elected to a party posi- 4 tion, the names of candidates designated by each petition shall be 5 grouped together, and [each group shall have but one number, which shall6be printed opposite the approximate center of the group] may be referred 7 to collectively on the ballot as a group. 8 [(f) The number of a candidate shall be printed on the paper ballot9between the voting space and the name of the candidate. Each group shall10have a bracket embracing the names in the group.11(g) Spaces containing names of candidates and for writing in names,12and intervening spaces on the paper ballot, shall be separated by light13horizontal lines. Names of candidates shall be printed in capital14letters not less than one-eighth nor more than three-sixteenths of an15inch in height.16(h)] (c) The paper ballots of no two parties shall be identified by 17 the same color or color markings, and the state board of elections 18 shall select the color for each new party[, and not later than twelve19weeks before a primary election, shall transmit to each board of20elections]. The state board of elections shall include with the board's 21 ballot certification a certificate stating the colors so selected. 22 § 8. Subdivisions 2, 3, 4 and 6 of section 7-116 of the election law, 23 subdivision 2 as amended by chapter 234 of the laws of 1976, subdivision 24 3 as amended by chapter 9 of the laws of 1978 and the second undesig- 25 nated paragraph of subdivision 6 as amended by chapter 121 of the laws 26 of 1997, are amended to read as follows: 27 2. The officer or board who or which prepares the ballot shall deter- 28 mine the order in which shall appear, below the names of party candi- 29 dates the nominations made only by independent bodies. Such officer or 30 board also shall determine the order in which shall be printed[, in a31section of such ballot] the names of two or more candidates nominated by 32 one party or independent body, for an office to which two or more 33 persons are to be elected; provided, however, that any such candidate 34 may, by a writing filed with such board or officer not later than [one35week] three business days after the adjournment of the convention or one 36 week after the primary election nominating him or her, or otherwise not 37 later than two days after the filing of the petition or certificate 38 nominating him or her, demand that such order be determined by lot, and 39 in that case such order shall be so determined, upon two days notice by 40 mail given by such board or officer to each candidate for such office. 41 The state board of elections shall perform the duties required by this 42 subdivision in all cases affecting nominations filed in its office. 43 3. The officer or board with whom or which are filed the designations 44 for a public office or party position shall determine by lot, upon two 45 days notice by mail given by such board or officer to each candidate for 46 such office or position and to the committee, if any, named in the 47 designating petition, the order in which shall be printed on the offi- 48 cial primary ballot, under the title of the office or position, the 49 names of candidates for public office, the names of candidates for a 50 party position to which not more than one person is to be elected, and 51 the groups of names of candidates for party position where two or more 52 persons are to be elected thereto and any petition designates two or 53 more persons therefor, provided, however, that whenever groups of names 54 for more than one party position are designated by the same petition, 55 the order in which they shall be printed on the official primary ballot 56 shall be determined by a single lot. Candidates for [delegate or deleg-S. 1512--A 10 1ates] delegate(s) and alternate [delegate or delegates] delegate(s) to 2 conventions designated by the same petition shall, for the purpose of 3 this subdivision, be treated as one group. The names of candidates, if 4 any, for a party position to which two or more persons are to be 5 elected, who are designated by individual petitions and not in a group 6 shall be printed [below] after such group or groups, in such order 7 between themselves, as such officer or board shall determine by lot upon 8 the notice specified in this subdivision. The names within a group of 9 candidates designated for party position by one petition shall be print- 10 ed in the same order in which they appear in the petition, unless they 11 appear in a different order on different pages of the petition, in which 12 case their order within the group shall be determined by such officer or 13 board by lot upon the notice specified in this subdivision. Candidates 14 for members of a state committee designated by a single petition shall, 15 for the purposes of this subdivision, be treated as one group. However, 16 the notice to a committee of the drawing need not be mailed to more than 17 five members, if there be that many, and as to offices or party posi- 18 tions for which designating petitions are filed with the board of 19 elections of the city of New York the notice shall be given to the 20 committees only. 21 4. If a vacancy in a designation or nomination be filled after the 22 making, in the manner provided in this section, of a determination of 23 the order in which the names of candidates for the office or position 24 are to be printed, to the extent practicable, the name of the candidate 25 designated or nominated to fill such vacancy shall be printed in the 26 place so determined for the original candidate. 27 6. [In the city of New York, the ballot on the voting machine for28primary elections shall conform to the following additional provisions:29The names of the candidates designated for such public office or party30position in the primary of a party shall be placed under the title of31the office or position in the alphabetical order of their surnames, in32the first or lowest numbered assembly district and election district of33any political unit or subdivision within a county. If candidates'34surnames are identical, their given or first name shall determine their35order. Thereafter the names shall be rotated by election districts by36transposing the first named candidate to the bottom of the order at each37succeeding election district, so that each name shall appear first and38in each other position in an equal number, as nearly as possible, of the39election districts and except, further, that where two or more candi-40dates are to be elected to the same party position, the names of candi-41dates for such a position which appear on the same designating petition42shall be grouped together on the ballot in the order in which their43names appear on the designating petition and the group rotated alphabet-44ically in relation to other groups or individual candidates according to45the surname of the first person on the designating petition of such46group. Groups of candidates for delegate and alternate delegate, and47groups of candidates for male and female delegate and male and female48alternate delegate to the same convention designated on the same peti-49tion shall be rotated together alphabetically in relation to other50groups or individual candidates according to the surname of the first51person listed on such designating petition in the group of candidates52for whichever of such delegate or alternate delegate positions will53appear first on the voting machine. If the rules of a party committee54provide for equal representation of the sexes among the members of a55state committee elected from each unit of representation, elections56for male and female members of such a committee from a single unit ofS. 1512--A 11 1representation shall be conducted as elections for two different party2positions. Notwithstanding the provisions of this paragraph, if the3board of elections has assigned numbers to the candidates for an office4or position because of identical or similar names among such candidates,5the names of such candidates shall be placed under the title of such6office or position in the order of such numbers in such first or lowest7numbered district, and the names shall not be rotated by election8district. Such names shall appear in the identical order on each ballot9in each election district.10County committee candidates or groups of candidates shall be printed11within the first election district of each assembly district or part12thereof, according to the priority of filing of designating petitions13and they shall then be rotated by election district by placing the14candidate or group of candidates designated in the same petition as the15candidate or group of candidates which was printed first in an election16district at the bottom of the order in the next succeeding election17district in which a candidate or group of candidates designated in such18petition appears on the ballot.19In cases where a name is added to or removed from the ballot by court20order too late to make a complete adjustment to these requirements21feasible, the name may be added at the bottom of the list of candidates22in all election districts, or removed from the ballot in all election23districts without changing the previously arranged order of other names24and without invalidating the election. Any inadvertent error in the25order of names discovered too late to correct the order of the names on26the ballots concerned shall not invalidate an election.27Except where a contest or candidate is removed from the ballot by28court order too late to make complete compliance with this paragraph29feasible, the title of each public office or party position and the30names of the candidates for such office or position appearing on any31voting machine used for primary elections in the city of New York shall32appear on such machine immediately adjacent to one another, either33horizontally or vertically; and no blank spaces shall separate the names34of candidates actually running for an office or party position on such35voting machine, and no blank spaces shall separate any two such offices36or positions which appear on such voting machine in the same column or37row.] (a) In cases where a name is added to or removed from the ballot 38 by court order too late to make a complete adjustment to these require- 39 ments feasible, the name may be added at the end of the list of candi- 40 dates in all election districts, or removed from the ballot in all 41 election districts without changing the previously arranged order of 42 other names and without invalidating the election. Any inadvertent error 43 in the order of names discovered too late to correct the order of the 44 names on the ballots concerned shall not invalidate an election. 45 (b) Except where a contest or candidate is removed from the ballot by 46 court order too late to make complete compliance with this paragraph 47 feasible, the title of each public office or party position and the 48 names of the candidates for such office or position appearing on any 49 ballot used for primary elections over which the county board of 50 elections has jurisdiction shall appear on such ballot immediately adja- 51 cent to one another, either horizontally or vertically; and no blank 52 spaces shall separate the names of candidates actually running for an 53 office or party position on such ballot, and no blank spaces shall sepa- 54 rate any two such offices or positions which appear on such ballot in 55 the same column or row.S. 1512--A 12 1 § 9. Section 7-118 of the election law, as amended by chapter 157 of 2 the laws of 1996, is amended to read as follows: 3 § 7-118. Ballots; facsimile and sample. 1. The board of elections 4 shall provide facsimile and sample ballots which shall be arranged in 5 the form of a diagram showing such part of the face of the voting 6 machine or ballots as shall be in use at that election. Such facsimile 7 and sample ballots shall be [either in full or reduced size] distin- 8 guishable from the official ballot by size, color, or other means and 9 shall contain suitable illustrated directions for voting on the voting 10 machine or ballot. 11 2. Such facsimile ballots shall be mounted and displayed for public 12 inspection at each polling place during election day. 13 3. Sample ballots may be mailed by the board of elections to each 14 eligible voter at least three days before the election, or in lieu ther- 15 eof, a copy of such sample ballot may be published at least once within 16 one week preceding the election in newspapers [representing the major17political parties] or on a website maintained by the board of elections. 18 4. One copy of such facsimile shall be sent to each school in the 19 county, providing the ninth through the twelfth years of compulsory 20 education, and in the city of New York to each such school in the city 21 of New York, at least one week before each general election for posting 22 at a convenient place in such school. The board of elections shall also 23 send a facsimile ballot to any other school requesting such a ballot. 24 In the alternative, the requirements of this subdivision may be fully 25 satisfied by publishing such facsimile on a website maintained by the 26 board of elections and notifying each such school of such publication. 27 § 10. Subdivisions 1 and 3 of section 7-120 of the election law, 28 subdivision 3 as amended by chapter 234 of the laws of 1976, are amended 29 to read as follows: 30 1. If any voting machine or voting system for use in any election 31 shall become out of order during an election it shall, if possible, be 32 repaired or another machine or voting system substituted as promptly as 33 possible. In case such repair or substitution cannot be made, emergency 34 ballots, printed or written, and of any suitable form, shall be provided 35 by the board of elections and may be used for the [taking] casting of 36 votes. 37 3. It shall be the duty of each board of elections to cause a suffi- 38 cient number of emergency ballots to be placed at each polling place in 39 which voting machines or voting systems are used, to be employed in the 40 event the voting machines or voting systems break down. At any time 41 during the hour succeeding a breakdown, the inspectors of election may 42 use such emergency ballots, and if such breakdown lasts more than one 43 hour, such emergency ballots must be used. The sample ballots may be 44 used for this purpose in full or reduced size. 45 § 11. Section 7-122 of the election law, subdivision 1 as amended by 46 chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi- 47 vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and 48 (d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by 49 chapter 165 of the laws of 2010, subdivision 7 as amended by chapter 9 50 of the laws of 1978, and subdivisions 6 and 7 as renumbered by chapter 51 352 of the laws of 1986, is amended to read as follows: 52 § 7-122. Ballots; absentee voters. 1. (a) Ballots for absentee voters 53 shall be, as nearly as practicable, in the same form as those to be 54 voted in the district on election day, [if any,] except that ballots for 55 primary elections shall omit the party position of ward, town, city orS. 1512--A 13 1 county committee and except further that such ballots need not have a 2 stub, and shall have the words "Absentee Ballot", endorsed thereon. 3 (b) [The names of candidates upon the ballot shall be printed in4appropriate sections, with titles of offices, section numbers, emblems,5voting squares, names of parties and political organizations and blank6spaces for writing in names of persons not printed on the ballot. Except7as to the spacing, such ballot shall be printed wherever applicable8substantially as follows:9(Form in chap. 381/79)10(c) The indorsement shall be printed and properly filled in:11Official Absentee Ballot for (General, Primary or Special, as applica-12ble)13Election14County of......................15(Assembly or Legislative, as applicable) District................16(Ward and City or town, as applicable)...........................17(Insert date of election)18(Insert names of election commissioners providing the ballot)19(d) On the front of the ballot prepared for counting by hand, shall be20printed in heavy black type the following instructions] All provisions 21 of this chapter not inconsistent with this subdivision shall be applica- 22 ble to absentee ballots prepared for counting by a ballot scanner or by 23 hand. The instructions for marking an absentee ballot shall be provided 24 and shall be substantially as follows, so that they accurately reflect 25 the ballot layout: 26 INSTRUCTIONS 27 [1. Mark in pen or pencil.282. To vote for a candidate whose name is printed on this ballot, make29a single cross X mark or a single check, V mark in the voting square30above the name of the candidate.313. To vote for a person whose name is not printed on this ballot write32or stamp his or her name in the space that appears at the bottom of the33column or the end of the row (indicate where on the ballot the write-in34space appears) containing the title of the office.354. To vote on a proposal make a cross X mark or a check V mark in one36of the squares contained in the box setting forth such proposal.375. Any other mark or writing, or any erasure made on this ballot38outside the voting squares or blank spaces provided for voting will void39this entire ballot.406. Do not overvote. If you select a greater number of candidates than41there are vacancies to be filled, your ballot will be void for that42public office, party position or proposal.437. If you tear, or deface, or wrongly mark this ballot, call the board44of elections at (insert phone number here) for instructions on how to45obtain a new ballot. Do not attempt to correct mistakes on the ballot by46making erasures or cross outs. Erasures or cross outs may invalidate all47or part of your ballot. Prior to submitting your ballot, if you make a48mistake in completing the ballot or wish to change your ballot choices,49you may obtain and complete a new ballot. You have a right to a replace-50ment ballot upon return of the original ballot.] Mark the (insert "oval" 51 or "square") to the left of the name of your choice. (Provide illus- 52 tration of correctly-marked voting position here.) To vote for a candi- 53 date whose name is not printed on the ballot, (insert "mark the oval (or 54 square) to the left of 'write-in' and print the name clearly" or "print 55 the name clearly in the box labeled 'write-in'"), staying within theS. 1512--A 14 1 box. Any mark or writing outside the spaces provided for voting may void 2 the entire ballot. You have a right to a replacement ballot. If you make 3 a mistake or want to change your vote, call the board of elections at 4 (insert phone number here) for instructions on how to obtain a new 5 ballot. The number of choices is listed for each contest. Do not mark 6 the ballot for more candidates than allowed. If you do, your vote in 7 that contest will not count. 8 (c) When a question or proposal is included on the ballot, 9 instructions substantially similar to those provided in subdivision 10 fifteen of section 7-104 of this article shall be included. 11 2. [The following provisions shall apply to all absentee ballots12prepared for counting by a ballot scanner and all other provisions of13this chapter not inconsistent with this subdivision shall be applicable14to such ballots:15(a) The party emblem need not be printed next to the name of each16candidate.17(b) The ballot proposals may be on the back of the ballot, or on a18separate ballot.19(c) The printed instructions to the voter shall read as follows:20INSTRUCTIONS211. Mark only with a pen or pencil.222. To vote for a candidate whose name is printed on this ballot, fill23in the (insert oval or square, as applicable) above or next to the name24of the candidate.253. To vote for a person whose name is not printed on this ballot,26write or stamp his or her name in the space labeled "write-in" that27appears (insert at the bottom of the column or the end of the row, as28applicable) containing the title of the office and, if required by the29voting system in use at such election, the instructions shall also30include "and fill in the (insert oval or square, as applicable) corre-31sponding with the write-in space in which the voter has written a name."324. To vote yes or no on a proposal, if any, that appears on the (indi-33cate where on the ballot the proposal may appear) fill in the (insert34oval or square, as applicable) that corresponds to your vote.355. Any other mark or writing, or any erasure made on this ballot36outside the voting squares or blank spaces provided for voting will void37this entire ballot.386. Do not overvote. If you select a greater number of candidates than39there are vacancies to be filled, your ballot will be void for that40public office, party position or proposal.417. If you tear, or deface, or wrongly mark this ballot, call the42board of elections at (insert phone number here) for instructions on how43to obtain a new ballot. Do not attempt to correct mistakes on the ballot44by making erasures or cross outs. Erasures or cross outs may invalidate45all or part of your ballot. Prior to submitting your ballot, if you make46a mistake in completing the ballot or wish to change your ballot choic-47es, you may obtain and complete a new ballot. You have a right to a48replacement ballot upon return of the original ballot.49(d) Such instructions may be printed on the front or back of the50ballot or on a separate sheet or card. If such instructions are not51printed on the front of the ballot, there shall be printed on the52ballot, in the largest size type for which there is room, the following53legend: "See instructions on other side" or "See enclosed instructions",54whichever is appropriate.S. 1512--A 15 1(e) Such ballots which are to be counted by a ballot scanner may2consist of two or more sheets, which are divided into perforated3sections which can be separated at the time of canvassing.43.] The determination of the appropriate county board of elections as 5 to the candidates duly designated or nominated for public office or 6 party position whose name shall appear on the absentee ballot and as to 7 ballot proposals to be voted on shall be made no later than the day 8 after the state board of elections issues its certification of those 9 candidates to be voted for at the general, special or primary election. 10 The determinations of the state board of elections and the respective 11 county boards of elections shall be final and conclusive with respect to 12 such offices for which petitions or certificates are required to be 13 filed with such boards, as the case may be but nothing herein contained 14 shall prevent a board of elections, or a court of competent jurisdiction 15 from determining at a later date that any such certification, desig- 16 nation or nomination is invalid and, in the event of such later determi- 17 nation, no vote cast for any such nominee by any voter shall be counted 18 at the election. 19 [5.] 3. There shall be three envelopes for each absentee ballot issued 20 by mail: the inner affirmation envelope into which a voter places his or 21 her voted ballot, the outer envelope which shall be addressed to the 22 absentee voter, and the mailing envelope which is addressed to the coun- 23 ty board of elections. The board of elections shall furnish with each 24 absentee ballot an inner affirmation envelope. On one side of the envel- 25 ope shall be printed: 26 OFFICIAL ABSENTEE BALLOT 27 for 28 GENERAL (OR PRIMARY OR SPECIAL) ELECTION, 29 ........., 20..... 30 Name of voter......................................... 31 Residence (street and number if any).................. 32 City/or town of.......(village, if any)............... 33 County of............................................. 34 Assembly district .................................... 35 Legislative District (as applicable) ................. 36 Ward (as applicable) ................................. 37 Election District..................................... 38 Party Enrollment (in case of primary election)........ 39 [6] 4. The date of the election, name of the county, and name of a 40 city, if there be a separate ballot for city voters, shall be printed, 41 and the name of the voter, residence, number of the assembly district, 42 if any, name of town, number of ward, if any, election district and 43 party enrollment, if required, shall be either printed or written or 44 stamped in by the board. 45 [7.] 5. There shall also be a place for two board of elections staff 46 members or inspectors of opposite political parties to indicate, by 47 placing their initials thereon, that they have checked and marked the 48 voter's poll record. 49 [8.] 6. On the reverse side of such inner affirmation envelope shall 50 be printed the following statement: 51 AFFIRMATION 52 I do declare that I am a citizen of the United States, that I am duly 53 registered in the election district shown on the reverse side of thisS. 1512--A 16 1 envelope and I am qualified to vote in such district; that I will be 2 unable to appear personally on the day of the election for which this 3 ballot is voted at the polling place of the election district in which I 4 am a qualified voter because of the reason given on my application here- 5 tofore submitted; that I have not qualified nor do I intend to vote 6 elsewhere, that I have not committed any act nor am I under any imped- 7 iment which denies me the right to vote. 8 I hereby declare that the foregoing is a true statement to the best of 9 my knowledge and belief, and I understand that if I make any material 10 false statement in the foregoing statement of absentee voter, I shall be 11 guilty of a misdemeanor. 12 Date.................20..... ..................................... 13 Signature or mark of voter 14 ..................................... 15 Signature of Witness (required only 16 if voter does not sign his or her own 17 name) 18 ..................................... 19 Address of Witness 20 [9.] 7. The inner affirmation envelope shall be gummed, ready for 21 sealing, and shall have printed thereon, on the side opposite the state- 22 ment, instructions as to the duties of the voter after the marking of 23 the ballot, which instructions shall include a specific direction stat- 24 ing when such ballot must be postmarked and when such ballot must reach 25 the office of the board of elections in order to be canvassed. 26 [10.] 8. Each inner affirmation ballot envelope shall be enclosed in 27 an outer envelope addressed to the appropriate board of elections and 28 bearing on it a specific direction that if an original application for 29 an absentee ballot is received with the ballot, such application must be 30 completed by the voter and returned in the outer envelope together with 31 the sealed inner affirmation envelope containing the absentee ballot 32 within the time limits for receipt of the absentee ballot itself. Such 33 inner affirmation envelope and outer envelope shall be enclosed in [a] 34 the third envelope addressed to the absentee voter. The outer and third 35 envelopes shall have printed on the face thereof the words "Election 36 Material--Please Expedite". 37 § 12. The opening paragraph of subdivision 3 of section 7-123 of the 38 election law, as amended by chapter 104 of the laws of 2010, is amended 39 to read as follows: 40 There shall be three envelopes for each military absentee ballot 41 issued when the military voter's preferred method of transmission is by 42 mail: the inner affirmation envelope into which a voter places his or 43 her voted ballot, the outer envelope which shall be addressed to the 44 absentee voter, and the mailing envelope which is addressed to the coun- 45 ty board of elections. The board of elections shall furnish an inner 46 affirmation envelope with each military ballot upon which envelope shall 47 be printed: 48 § 13. The opening and closing paragraphs of subdivision 2 of section 49 7-124 of the election law, as amended by chapter 104 of the laws of 50 2010, are amended to read as follows: 51 There shall be three envelopes for each special federal absentee 52 ballot issued by mail: the inner affirmation envelope into which a voterS. 1512--A 17 1 places his or her voted ballot, the outer envelope which shall be 2 addressed to the absentee voter, and the mailing envelope which is 3 addressed to the county board of elections. The board of elections shall 4 furnish an inner affirmation envelope with each special federal ballot 5 upon which envelope shall be printed: 6 I understand that a material misstatement of fact in the completion of 7 this document may constitute grounds for conviction of a crime. 8 Date.................20..... ..................................... 9 Signature or mark of voter 10 ..................................... 11 Signature of Witness (required only 12 if voter does not sign his or her own 13 name) 14 ..................................... 15 Address of Witness 16 § 14. Subdivisions 2 and 3 of section 7-125 of the election law, 17 subdivision 3 as amended by chapter 235 of the laws of 2000, are amended 18 to read as follows: 19 2. There shall be three envelopes for each special presidential absen- 20 tee ballot issued by mail: the inner affirmation envelope into which a 21 voter places his or her voted ballot, the outer envelope which shall be 22 addressed to the absentee voter, and the mailing envelope which is 23 addressed to the county board of elections. The board of elections shall 24 furnish with each special presidential ballot an envelope. On one side 25 of the envelope shall be printed: 26 OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS, 27 FOR GENERAL ELECTION, 28 NOVEMBER......., [19] 20.... 29 Name of voter .......................................................... 30 Residence from which vote is being cast: 31 Street and number ...................................................... 32 City or town ........................................................... 33 County ................................................................. 34 Assembly District or Ward .............................................. 35 Election District ...................................................... 36 The date of the election and name of the county shall be printed, and 37 the name of the voter, residence, name of the city or town, number of 38 ward or assembly district, if any, and election district shall be print- 39 ed, written or stamped in by the board. 40 3. On the reverse side of such envelope shall be printed the follow- 41 ing statement: 42 STATEMENT OF SPECIAL PRESIDENTIAL VOTER 43 I do declare I am a qualified special presidential voter of said 44 district; that I am not qualified and am not able to qualify to vote 45 elsewhere than as set forth on the reverse side of this envelope; that I 46 am a citizen of the United States; that on the date of the election forS. 1512--A 18 1 which this ballot is voted, I will be at least eighteen years of age; 2 and that I have not committed any act, nor am I under any impediment, 3 which denies me the right to vote. 4 I hereby declare that the foregoing is a true statement to the best of 5 my knowledge and belief, and I understand that if I make any material 6 false statement in the foregoing statement, I shall be guilty of a 7 misdemeanor. 8 Date.................20..... ..................................... 9 Signature or mark of voter 10 ..................................... 11 Signature of Witness (required only 12 if voter does not sign his or her own 13 name) 14 ..................................... 15 Address of Witness 16 § 15. Section 7-128 of the election law is amended to read as follows: 17 § 7-128. Ballots; inspection of. 1. Each officer or board charged with 18 the duty of providing official ballots for an election shall have sample 19 ballots open to public inspection [five] twenty-eight days before the 20 election for which they were prepared and the official ballots open to 21 such inspection [four] fourteen days before such election except that 22 the sample and official ballots for a village election held at a differ- 23 ent time from a general election shall be open to public inspection at 24 least two days before such election. During the times within which the 25 ballots are open for inspection, such officer or board shall deliver to 26 each voter applying therefor a sample of the ballot which he or she is 27 entitled to vote. 28 2. a. Each officer or board charged with the duty of preparing ballots 29 to be used [on voting machines] in any election shall give written 30 notice, by first class mail, to all candidates, except candidates for 31 member of the county committee, who are lawfully entitled to have their 32 names appear thereon, of the time when, and the place where, they may 33 inspect the [voting machines] ballots to be used for such election. The 34 candidates or their designated representatives may appear at the time 35 and place specified in such notice to inspect such [machines] ballots, 36 provided, however, that the time so specified shall be [not less than37two] no later than fourteen days [prior to the date of] before the 38 election at which the ballots will be used. 39 b. A candidate, whose name appears on the ballot [for an election40district] or his or her designated representative, may, in the presence 41 of the election officer attending the [voting machine] ballot, inspect 42 the [face of the machine] ballot to see that his or her ballot [label] 43 position is in its proper place[, but at no time during the inspection44shall the booth be closed] or places. 45 3. Each officer or board charged with the duty of preparing ballots 46 to be used with voting machines or systems in any election shall give 47 written notice, by first class mail, to all candidates, except candi- 48 dates for member of the county committee, who are lawfully entitled to 49 have their names appear thereon, of the time when, and the place where, 50 they may inspect the voting machines or systems to be used for such 51 election. The candidates or their designated representatives may appear 52 at the time and place specified in such notice to view the conduct ofS. 1512--A 19 1 the logic and accuracy testing required to be performed on such voting 2 machines or systems, provided however, that the time so specified shall 3 be not less than fifteen days prior to the date of the election. 4 § 16. Section 7-130 of the election law is amended to read as follows: 5 § 7-130. Ballots; examination by voters and instruction in use of 6 voting machines. One or more voting machines which shall contain the 7 ballot labels, showing the [party emblems and] title of officers to be 8 voted for, and which shall so far as practicable contain the names of 9 the candidates to be voted for, shall be placed on public exhibition in 10 some suitable place by the board of elections, in charge of competent 11 instructors, for at least three days during the thirty days next preced- 12 ing an election. No voting machine which is to be assigned for use in an 13 election shall be used for such purpose after having been prepared and 14 sealed for the election. During such public exhibition, the counting 15 mechanism of the machine shall be concealed from view and the doors may 16 be temporarily opened only when authorized by the board or official 17 having charge and control of the election. Any voter shall be allowed to 18 examine such machine, and upon request shall be instructed in its use. 19 § 17. This act shall take effect immediately and shall apply to 20 ballots to be used for elections occurring on or after the first day of 21 July next succeeding the year in which it shall have become a law.
