A03389 Summary:

BILL NOA03389B
 
SAME ASNo Same As
 
SPONSORKavanagh
 
COSPNSRHevesi, Peoples-Stokes, Rosenthal, Schimel, Lupardo, Quart, Buchwald, Jaffee, Weprin, Colton, Steck, Abinanti, Simon, Sepulveda, Dinowitz, Benedetto, Linares, McDonald, Blake, Fahy, Otis, Rozic, Brindisi, Ryan, Gottfried, Cusick, Paulin, Cahill
 
MLTSPNSRGlick, Magee, Perry, Rodriguez, Thiele
 
Rpld 7-108, amd El L, generally
 
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.
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A03389 Actions:

BILL NOA03389B
 
01/22/2015referred to election law
02/09/2015reported
02/19/2015advanced to third reading cal.34
02/25/2015passed assembly
02/25/2015delivered to senate
02/25/2015REFERRED TO ELECTIONS
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.150
04/11/2016amended on third reading (t) 3389a
05/11/2016amended on third reading (t) 3389b
06/16/2016passed assembly
06/16/2016delivered to senate
06/16/2016REFERRED TO RULES
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A03389 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3389B
 
SPONSOR: Kavanagh (MS)
  TITLE OF BILL: 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   PURPOSE: To create a ballot layout that is easy for voters to read and use.   SUMMARY OF PROVISIONS: Section one of the bill sets forth the short title as the "voter friend- ly ballot act". Section two of the bill amends paragraph a of Subdivision 3 of Section 7-102 of the election law to make the text gender inclusive. Section three of the bill amends Section 7-104 of the election law, which, as amended, applies to the form of all ballots, as follows. Subdivision 1 of Section 7-104 is amended to require use of sans serif type. Subdivision 2 of Section 7-104 is amended to make certain technical changes. Subdivision 3 of Section 7-104 is amended to remove the requirement of affixing a designating letter and number on ballots for primary elections, provide that a designating number is optional, and to make certain other technical changes. Subdivisions 4, 5, and 6 of Section 7-104 are amended to make certain technical changes. Subdivision 7 of Section 7-104 is amended to remove the requirement that each row on the ballot have an image of a closed fist and extended finger. Subdivision 8 of Section 7-104 is amended to make certain technical changes. A new Subdivision 9 is added to Section 7-104 to require that in coun- ties where ballots are required to be provided in a language other than English, there shall be versions printed in English and in each of the additional languages required so that each version of the ballot shall contain English and no more than two other languages, and to provide for poll worker training related to this new provision. A new Subdivision 10 is added to Section 7-104 to specify certain requirements with respect to instructions for marking the ballot, including the format and placement of such instructions on the ballot or on a separate sheet or card. New Subdivisions 11 and 12 are added to Section 7-104 to include requirements currently included in the election law in Subdivisions 1 and 2 of Section 7-108, which is otherwise repealed by section five of the bill. A new Subdivision 13 is added to Section 7-104 to set forth the require- ments for the text for ballot instructions, clarifying and simplifying the text required under current law. A new Subdivision 14 is added to Section 7-104 to require the state board of elections to provide line drawing illustrations to supplement the instructions. A new Subdivision 15 is added to Section 7-104 to set forth the require- ments for the text for ballot instructions when the ballot includes voting for questions or proposals, clarifying and simplifying the text required under current law. A new Subdivision 16 is added to Section 7-104 to require that when questions and proposals appear on the back of the ballot, the front of the ballot have words or a symbol indicating the voter should turn over the ballot. New Subdivisions 17, 18, 19, 20, 21, 22, 23, 24, and 25 are added to Section 7-104 to set forth other specifications for the design and layout of the ballot, including requirements that: -the voting oval or square shall be to the left of the name of the candidate; -all text shall be printed using standard capitalization and not all capital letters; -the ballot shall use one font or font family with enough variations for all text needs; -"Vote for one" or "Vote for up to" shall be printed just below each office title; -no party emblems shall be used; -names of candidates for the same office shall appear on the same page and in the same column(s) or row(s); -text shall be flush left and not centered on the ballot or in any column or row, except for multi-column or multi-row contests the title and number of allowable selections may be centered; -any shading shall be used consistently, to differentiate instructions from ballot section dividers and contest information; and -names of political parties or independent bodies nominating or desig- nating candidates shall be below or to the right of the name of the candidates, in less prominent type. A new Subdivision 26 is added to Section 7-104 to require that all paper ballots of the same kind for the same polling place shall be identical. A new Subdivision 27 is added to Section 7-104 to set forth other spec- ifications for the design and layout of the ballot, to be met to the extent practicable, including that: -the instructions shall be in the upper left hand corner of the front of the ballot; -the names of candidates shall be printed using a font size of not less than nine points; and -when the instructions are on the ballot, there shall be a clear deline- ation between the instructions and the first office or ballot question or proposal, through the use of white space, illustration, shading, color, font size, or bold type. Section four of the bill amends Section 7-106 of the election law, which, as amended, applies to ballots to be used with ballot scanners, as follows. The section heading of Section 7-106 is amended to indicate that the provisions of the Section are applicable to the form of ballots used with ballot scanners, not just "election day paper ballots." A new Subdivision 1 is added to Section 7-106 to specify that the provisions of Section 7-106 shall apply to all ballots to be used with ballot scanners, in addition to the ballot requirements provided for in Section 7-104. The existing Subdivision 1 of Section 7-106 is renumbered as Subdivision 2 and amended to specify that ballots shall be clearly distinguishable from sample ballots by size, color, or other means. The existing Subdivisions 2, 3, and 4 of Section 7-106 are renumbered as Subdivisions 3, 4, and 5, respectively and the new Subdivision 3 is amended to remove requirements that would be inconsistent with Section 7-104 as amended by section three of the bill. The existing Subdivisions 5, 6, 7, 8, 9, 10, and 11 of Section 7-106 are deleted, as the provisions of these Subdivisions are replaced by the provisions of Section 7-104 as amended by section three of the bill. Section five of the bill repeals Section 7-108 of the election law, which relates to certain specifications regarding ballots that are replaced by the provisions of Section 7-104 as amended by section three of the bill. Section six of the bill amends Section 7-110 of the election law, related to additional requirements applicable to ballots for ballot proposals, to permit such proposals to appear on a separate sheet or card and to remove references to "voting levers," since machines for such levers are no longer used for elections to which the provisions of this section apply. Section seven of the bill amends Section 7-114 of the election law, which applies additional requirements to the form of ballots for primary elections, to make the provisions of this section consistent with those of Section 7-104 as amended by section three of the bill, to eliminate certain provisions that are replaced by the provisions of Section 7-104 as amended, and to make other technical changes. Section eight of the bill amends Section 7-116 of the election law, related to the order of names on ballots, in the following ways. Subdivision 2 of Section 7-116 is amended to make certain technical changes and to shorten the time in which candidates nominated at a convention may demand that ballot order be determined by lot, from one week to three business days. Subdivision 3 of Section 7-116 is amended to make certain technical changes. Subdivision 4 of Section 7-116 is amended to specify that if a vacancy in a designation or nomination be filled after the order in which the names of candidates is determined, the name of the candidate designated or nominated to fill the vacancy shall be printed in the place deter- mined for the original candidate only to the extent practicable. Subdivision 6 of Section 7-116 is amended to eliminate provisions that currently apply to primary elections in the City of New York related to rotating the names of candidates, and to add new provisions as follows. A new paragraph (a) of Subdivision 6 of Section 7-116 addresses cases where names are added to or removed from the ballot by court order when it is too late to apply the otherwise applicable specifications as to the order of candidates' names. A new paragraph (b) of Subdivision 6 of Section 7-116 specifies that the titles, public offices, or party positions and the names of the candi- dates shall appear on the ballot immediately adjacent to one another, with no blank spaces separating them, except where a contest or candi- date is removed from the ballot by court order too late to comply with this specification. Section nine of the bill amends Section 7-118 of the election law, relating to sample ballots, by dividing the Section into subdivisions and providing as follows. Subdivision 1 of Section 7-118 is amended to require sample ballots to be distinguishable from the ballot by size, color, or other means. Subdivision 3 allows the boards of elections to satisfy the requirement that they publicize a sample ballot by publishing one online. Subdivi- sion 4 allows the boards of elections to satisfy the requirement of sending a sample ballot to high schools by publishing such a sample ballot online. Section ten of the bill amends Section 7-120 of the election law, relat- ing to emergency ballots, to make certain technical changes. Section eleven of the bill amends Section 7-122 of the election law, relating to ballots for absentee voters, by: -specifying that the provisions of other sections of this chapter shall apply to absentee ballots except to the extent inconsistent with Section 7-122; -simplifying the instructions for absentee ballots; -deleting existing provisions of Section 7-122 that are replaced by the provisions of Section 7-104 and Section 7-106 as amended by sections three and four of the bill, respectively; -requiring three envelopes for each absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections; and -making other technical changes. Section twelve of the bill amends Section 7-123 of the election law, relating to military voters, to require three envelopes for each mili- tary absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section thirteen of the bill amends Section 7-124 of the election law, relating to special federal voters, to require three envelopes for each special federal absentee ballot issued by mail- the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section fourteen of the bill amends Section 7-125 of the election law, relating to special presidential voters, to require three envelopes for each special presidential absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section fifteen of the bill amends Section 7-128 of the election law as follows. Subdivision one of Section 7-128 is amended to expand the time for public inspection of sample ballots from 5 to 28 days, and to expand the time for inspection of official ballots from 4 to 14 days. Subdivision two of Section 7-128 is amended to expand the time for candidates on a ballot to inspect the ballot from 2 to 14 days. A new Subdivision 3 is added to Section 7-128 to require that candidates be given written notice of the time and place they may inspect the voting machines or systems to be used for the election and to permit candidates or their representatives to view the conduct of the logic and accuracy testing required to be performed on such voting machines or systems, not less than 15 days before the election. Section sixteen of the bill amends Section 7-130 of the election law to remove the requirement that party emblems be contained on the ballot labels for ballots to be examined by voters prior to the election. Section seventeen of the bill sets forth the effective date.   JUSTIFICATION: A ballot that is clear and simple to read makes voting easier and leads to more accurate voting. In recent elections and going back many years, New York voters have been confronted with a ballot that was cluttered and difficult to read. The Voter Friendly Ballot Act will provide a remedy for New York's hard to read ballot by setting forth specifications that will create a ballot layout that is straightforward. At the same time it provides Boards of Election with the flexibility to ensure good ballot design, regardless of the particular limits of their voting technology, or the number of contests and candidates that must be placed on the ballot in any partic- ular election.   LEGISLATIVE HISTORY: 2015: A03389 (Kavanagh) - Passed Assembly 2014: A00204A (Kavanagh) - Passed Assembly 2013: A00204 (Kavanagh) - Passed Assembly 2012: A07492D (Kavanagh) - Passed Assembly 2011: A07492A (Kavanagh) - Election Law   FISCAL IMPACT ON THE STATE: To be determined.   EFFECTIVE DATE: 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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A03389 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3389--B
                                                                Cal. No. 150
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04422-03-6

        A. 3389--B                          2
 
     1  and clear a type or display as the space will reasonably  permit,  using
     2  only  sans  serif  print fonts. Such type or display on the ballot shall
     3  satisfy all requirements and standards set forth pursuant to the federal
     4  Help America Vote Act.
     5    2.  The names of parties or independent bodies which contain more than
     6  fifteen letters may, whenever limitations of space so require, be print-
     7  ed on the ballot in an abbreviated form. In printing the names of candi-
     8  dates whose full names contain  more  than  fifteen  letters,  only  the
     9  surname  must  be printed in full. The officer or board charged with the
    10  duty of [preparing the  ballots]  certifying  the  candidates  for  such
    11  office  shall  request  each such candidate to indicate, in writing, the
    12  shortened form in which, subject to this restriction, his  or  her  name
    13  shall  be printed. If no such indication is received from such candidate
    14  within the time specified in the request, such officer  or  board  shall
    15  make the necessary determination.
    16    3.  (a) The party name or other designation[, and a designating letter
    17  and number] shall be affixed to the name of each candidate, or, in  case
    18  of  presidential  electors, to the names of the candidates for president
    19  and vice-president of such party.
    20    (b) A column/row designating number may be affixed to the name of each
    21  candidate, or in the case of presidential electors, to the names of  the
    22  candidates for president and vice-president of such party.
    23    (c) The titles of offices may be arranged horizontally, with the names
    24  of  candidates  for an office and the space, slot or device for write-in
    25  [ballots] votes for such office arranged vertically under the  title  of
    26  the  office,  or  the titles of offices may be arranged vertically, with
    27  the names of candidates for an office and the space, slot or device  for
    28  write-in  [ballots] votes for such office arranged horizontally opposite
    29  the title of the office.
    30    [(c)] (d) Each office shall occupy as many  columns  or  rows  on  the
    31  [machine]  ballot  as  the  number  of  candidates to be elected to that
    32  office, except where candidate  placements  due  to  cross  endorsements
    33  require additional columns or rows.
    34    4. (a) The names of all candidates nominated by any party or independ-
    35  ent body for an office shall always appear in the row or column contain-
    36  ing  generally  the names of candidates nominated by such party or inde-
    37  pendent body for other offices except as hereinafter provided.
    38    (b) When the same person has been nominated for an office to be filled
    39  at the election by more than one party, the voting machine shall  be  so
    40  adjusted  that  his  or  her  name  shall  appear  in each row or column
    41  containing generally the names of candidates for other offices nominated
    42  by any such party.
    43    (c) If such candidate has also been nominated by one or more independ-
    44  ent bodies, his or her name shall appear only  in  each  row  or  column
    45  containing generally the names of candidates for other offices nominated
    46  by  any  such  party  and  the  name of each such independent body shall
    47  appear in one such row or column to be designated by the candidate in  a
    48  writing  filed  with  the  officer  or  board  charged  with the duty of
    49  [providing ballots] certifying the candidates for  such  office,  or  if
    50  such  person  shall  fail to so designate, the names of such independent
    51  bodies shall appear in such row or column as such officer or board shall
    52  determine.
    53    (d) If any person shall be nominated for any office by one  party  and
    54  two  or  more  independent  bodies  his  or her name shall appear on the
    55  [voting machine] ballot twice; once in  the  row  or  column  containing
    56  generally  the  names  of candidates for other offices nominated by such

        A. 3389--B                          3
 
     1  party, and once in the row or column containing generally the  names  of
     2  candidates  nominated  by the independent body designated by such person
     3  in a writing filed with the officer or board charged with  the  duty  of
     4  [providing  ballots]  certifying  the  candidates for such office and in
     5  connection with the name of such person in  such  row  or  column  shall
     6  appear  the  name  of each independent body nominating him or her or, if
     7  such person shall fail to so designate, the name of such  candidate  and
     8  the  names of such independent bodies shall appear in such row or column
     9  as such officer or board shall determine.
    10    (e) If any person is nominated for any office only by  more  than  one
    11  independent  bodies,  his  or  her  name  shall appear but once upon the
    12  machine in one such row or column to be designated by the candidate in a
    13  writing filed with the officer or board charged with the duty of provid-
    14  ing ballots, or if the candidate shall fail  to  so  designate,  in  the
    15  place  designated  by  the  officer  or  board  charged with the duty of
    16  [providing ballots] certifying the candidates for such  office,  and  in
    17  connection  with  his  or  her  name there shall appear the name of each
    18  independent body nominating him or her, but, where the capacity  of  the
    19  [machine]  ballot  will permit, the name of such person shall not appear
    20  or be placed in a column or on a  horizontal  line  with  the  names  of
    21  persons nominated by a party for other offices.
    22    5. Notwithstanding the provisions of subdivision four of this section,
    23  the  name  of  a  person who is nominated for the office of governor, or
    24  state senator, or member of assembly, shall appear on the ballot as many
    25  times as there are parties or independent bodies nominating him or  her,
    26  and  there  shall be a separate voting [and registering device] position
    27  at each place in which such name shall appear.
    28    6. If any type of machine used in any  county  or  city  contains  any
    29  feature  approved  by  the state board of elections, the use of which is
    30  neither required nor prohibited by the provisions of this  chapter,  the
    31  board  of elections may, by resolution, require that one or more of such
    32  features shall be used in such county.  Thereafter all machines of  such
    33  type  used  in  such county or city shall be operated in conformity with
    34  any such resolution. Any such resolution may thereafter be rescinded  by
    35  such  board  and  after being so rescinded may be re-adopted. Once re-a-
    36  dopted by any board of elections, such a resolution may not be rescinded
    37  again by such board.
    38    7. The ballot shall have printed upon it in black ink for  each  party
    39  or  independent  row,  at the head of the column or the beginning of the
    40  row containing the names of candidates, [the image of a closed fist with
    41  index finger extended pointing to the party or independent row.  In  the
    42  same space, in black letters as large as the space will permit, shall be
    43  printed]  the name of the party or independent body [and at the right of
    44  the fist and below the index finger shall be printed in  black  ink  the
    45  emblem] and the designating [letters] letter of the row or column.
    46    8. With respect to candidates for the offices of governor and lieuten-
    47  ant governor of a party or independent body, ballots shall be printed so
    48  that  the  names of such candidates for both offices shall appear in the
    49  same row or column, with the name of the candidate for governor  appear-
    50  ing  first  and  the  ballot  shall be so adjusted that both offices are
    51  voted for jointly and have but one designating  [letter  or]  number  if
    52  such column/row designating numbers are utilized.
    53    9.  In those counties in which ballots are required by federal law, or
    54  otherwise, to be provided in a language other than English, there  shall
    55  be  versions  of  the ballot printed in English and in each of the addi-
    56  tional languages required so that  each  version  of  the  ballot  shall

        A. 3389--B                          4
 
     1  contain  English  and no more than two other languages. The county board
     2  of elections in such counties  shall  instruct,  in  their  poll  worker
     3  training  and  materials,  the  procedures to be followed to ensure that
     4  each voter receives a ballot with the appropriate language as determined
     5  by the state board.
     6    10. Each ballot shall contain instructions for marking the ballot. The
     7  instructions shall be printed in line lengths no wider than five inches.
     8  Ballot instructions may be printed on the front or back of the ballot or
     9  on a separate sheet or card. If such instructions are not printed on the
    10  front  of the ballot, there shall be printed on the ballot, in the larg-
    11  est size type practicable, the following legend:  "See  instructions  on
    12  the  other  side"  or  "See  instructions (insert where instructions are
    13  found)", whichever is appropriate.
    14    11. The offices appearing on  all  ballots  shall  be  listed  in  the
    15  customary order.
    16    12.  If  two  or more candidates are nominated for the same office for
    17  different terms, the term for which each is nominated shall  be  printed
    18  as a part of the title of the office.
    19    13.  The  text  for  ballot  instructions  shall  be  substantially as
    20  follows, so that it accurately reflects the ballot layout:

    21                                INSTRUCTIONS
 
    22  Mark the (insert "oval" or "square") to the left of  the  name  of  your
    23  choice. (Provide illustration of correctly-marked voting position here.)
    24  To vote for a candidate whose name is not printed on the ballot, (insert
    25  "mark  the oval (or square) to the left of 'write-in' and print the name
    26  clearly" or "print the name clearly in  the  box  labeled  'write-in'"),
    27  staying  within the box. Any mark or writing outside the spaces provided
    28  for voting may void the entire ballot. The number of choices  is  listed
    29  for  each  contest.  Do  not  mark  the  ballot for more candidates than
    30  allowed. If you do, your vote in that contest will  not  count.  If  you
    31  make a mistake, or want to change your vote, ask a poll worker for a new
    32  ballot.
    33    14.  The  state  board  of elections shall provide line drawing illus-
    34  trations to supplement these instructions. At a minimum, an illustration
    35  of the correct way to mark the ballot shall be provided, but nothing  in
    36  this  section  shall  be construed to limit the board in providing addi-
    37  tional illustrations.
    38    15.  When  a  question  or  proposal  is  included  on   the   ballot,
    39  instructions substantially like the following shall be included:
 
    40             Instructions for Voting on Questions and Proposals
 
    41  To  vote on a question or proposal, mark the (insert "oval" or "square")
    42  to the (insert "left", "above" or "below") of your choice. If you make a
    43  mistake, or want to change your vote,  ask  a  poll  worker  for  a  new
    44  ballot.
    45    16.  When  a  question  or proposal appears on the back of the ballot,
    46  there shall appear on the front of the ballot words or a symbol indicat-
    47  ing that the voter should turn over the ballot.
    48    17. The voting oval or square shall be to the left of the name of  the
    49  candidate.
    50    18.  All  text,  including  the  name of each candidate as provided in
    51  subdivision three of this  section,  shall  be  printed  using  standard

        A. 3389--B                          5
 
     1  capitalization  in  accordance  with  instructions provided by the state
     2  board of elections and shall not be printed using all capital letters.
     3    19.  The  ballot  shall  use one font or font family with enough vari-
     4  ations for all text needs.
     5    20. "Vote for one" or "Vote for up to ......" (the blank space  to  be
     6  filled  with  the  number  of  persons to be nominated for the office or
     7  elected to the position), as applicable, shall  be  printed  immediately
     8  below each office title appearing on the ballot.
     9    21. No party emblems shall be printed on the ballot.
    10    22.  The  names  of candidates for the same office shall appear on the
    11  same page and in the same column(s) or row(s) of that page of a  printed
    12  ballot, and may not be separated by a perforation.
    13    23.  All text, including the title of each office and the name of each
    14  candidate, shall be printed flush left and shall not be centered on  the
    15  ballot  or in any column or row appearing on the ballot; provided howev-
    16  er, in a multi-column or multi-row contest,  the  title  and  number  of
    17  allowable selections to be made for each such office may be centered.
    18    24.  If  used,  shading shall be used consistently, so as to differen-
    19  tiate instructions from ballot section dividers and contest information.
    20    25. Above, below, or to the right of the name of each candidate, shall
    21  be printed, in less prominent type face than that in  which  the  candi-
    22  date's  name  is printed, the name of the political party or independent
    23  body by which the candidate was nominated or designated.
    24    26. All paper ballots of the same kind  for  the  same  polling  place
    25  shall be identical.
    26    27.  To  the extent practicable, the ballot shall also comply with the
    27  following specifications:
    28    (a) The instructions in subdivision  ten  of  this  section  shall  be
    29  printed in the upper left hand corner of the front of the ballot;
    30    (b)  The  name of each candidate shall be printed using a font size of
    31  not less than nine points;
    32    (c) When the instructions are contained on the ballot, there shall  be
    33  a clear delineation between the ballot instructions and the first office
    34  or  ballot  question  or proposal through the use of white space, illus-
    35  tration, shading, color, font size, or bold type.
    36    § 4. Section 7-106 of the election law, the section heading and subdi-
    37  visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
    38  as renumbered by chapter 165 of the laws of 2010, is amended to read  as
    39  follows:
    40    §  7-106.  [Election day paper ballots; form of] Ballots; form of, for
    41  ballot scanners, general,  primary,  or  special  elections;  additional
    42  requirements.  1.    In  addition to ballot requirements provided for in
    43  section 7-104 of this article, all ballots to be used  with  all  ballot
    44  scanners shall comply with the following provisions.
    45    2.  Paper  ballots  which  are  to  be counted by a ballot scanner may
    46  consist of two or more sheets which are divided into perforated sections
    47  which can be separated at the time the ballot is scanned.  Such  ballots
    48  shall  be  printed  on  paper  of  a  quality,  size,  color, and weight
    49  [approved by the state board  of  elections]  specified  in  the  voting
    50  system's  technical  requirements  documentation  and  shall  be clearly
    51  distinguishable from sample ballots by size, color or other means.
    52    [2.] 3. All paper ballots of the same kind for the same polling  place
    53  shall  be  identical.  [A  different, but in each case uniform style and
    54  size of type, shall be used for printing the names  of  candidates,  the
    55  titles  of  offices, political designations, and the reading form of all

        A. 3389--B                          6

     1  questions submitted. The names of candidates shall be printed in capital
     2  letters in black-faced type.]
     3    [3.]  4. Each election day ballot shall be printed on the sheet with a
     4  stub which shall be  separated  therefrom  by  a  line  of  perforations
     5  extending  across  the  entire  ballot. On the face of the stub shall be
     6  printed "No........" the blank to be filled with consecutive  number  of
     7  ballots  beginning  with  "No.  1",  and increasing in regular numerical
     8  order.
     9    [4.] 5. On such ballot shall be printed the following indorsement, the
    10  blanks properly filled in:
 
    11  Official Ballot for (General, Primary or Special, as  applica-
    12  ble)
    13  Election
    14  County of ........................
    15  (Assembly    or    Legislative,    as   applicable)   District
    16  .....................
    17  (Ward  and  City  or  town  ..................,  as   applica-
    18  ble)............
    19  Election District ...........................
 
    20  (Insert date of election.)
    21  (Insert names of election commissioners providing the ballot.)
 
    22    [5.  The following ballot instructions shall be printed in heavy black
    23  type:
    24                                INSTRUCTIONS
    25    (1) Mark only with a writing  instrument  provided  by  the  board  of
    26  elections.
    27    (2)  To vote for a candidate whose name is printed on this ballot fill
    28  in the (insert oval or square, as applicable) above or next to the  name
    29  of the candidate.
    30    (3)  To  vote  for  a  person whose name is not printed on this ballot
    31  write or stamp his or her name in  the  space  labeled  "write-in"  that
    32  appears  (insert  at  the bottom of the column, the end of the row or at
    33  the bottom of the candidate names, as applicable) for such office  (and,
    34  if  required  by  the  voting  system  in  use  at  such  election,  the
    35  instructions shall also include "and fill in the (insert oval or square,
    36  as applicable) corresponding with the write-in space in which  you  have
    37  written in a name").
    38    (4)  To  vote  yes  or  no  on a proposal, if any, that appears on the
    39  (indicate where on the ballot the  proposal  may  appear)  fill  in  the
    40  (insert oval or square, as applicable) that corresponds to your vote.
    41    (5)  Any  other  mark  or  writing, or any erasure made on this ballot
    42  outside the voting squares or blank spaces provided for voting will void
    43  this entire ballot.
    44    (6) Do not overvote. If you select a greater number of candidates than
    45  there are vacancies to be filled, your ballot  will  be  void  for  that
    46  public office, party position or proposal.
    47    (7) If you tear, or deface, or wrongly mark this ballot, return it and
    48  obtain  another.  Do  not  attempt  to correct mistakes on the ballot by
    49  making erasures or cross outs. Erasures or cross outs may invalidate all
    50  or part of your ballot. Prior to submitting your ballot, if you  make  a
    51  mistake  in completing the ballot or wish to change your ballot choices,
    52  you may obtain and complete a new ballot. You have a right to a replace-
    53  ment ballot upon return of the original ballot.

        A. 3389--B                          7

     1    (8) After completing your ballot, insert it into  the  ballot  scanner
     2  and  wait for the notice that your ballot has been successfully scanned.
     3  If no such notice appears, seek the assistance of an election inspector.
     4    6. The instructions in subdivision five of this section may be printed
     5  on  the  front  or back of the ballot or on a separate sheet or card. If
     6  such instructions are not printed on the  front  of  the  ballot,  there
     7  shall be printed on the ballot, in the largest size type for which there
     8  is  room,  the following legend: "See instructions on the other side" or
     9  "See enclosed instructions", whichever is appropriate.
    10    7. Each such ballot shall be printed in sections in which  the  candi-
    11  dates'  names and political designations, the ballot proposals and other
    12  requisite matter shall each be boxed in  by  heavy  black  perpendicular
    13  lines  of  equal  width.  In  each such section shall be voting ovals or
    14  squares which voters may fill in. If applicable, ovals or squares  shall
    15  be  provided next to the blank spaces provided for a voter to write in a
    16  name.
    17    8. The space for the title of an office shall be three-eighths  of  an
    18  inch,  and  the name of a candidate or for writing in a name, one-fourth
    19  of an inch, in depth. At the left of the name of each designated  candi-
    20  date  shall  be  an  enclosed  voting space, three-eighths of an inch in
    21  width and approximately one-fourth of an inch in depth,  bounded  above,
    22  below and to the right by black lines, heavier than those which separate
    23  the  spaces  containing  the  names of candidates. To the left of voting
    24  spaces which do not adjoin a vertical line  dividing  two  parts,  there
    25  shall be a heavy black vertical line approximately one-eighth of an inch
    26  in  width. No voting space shall be provided in the space for writing in
    27  names.  In such case, the space corresponding to a voting space shall be
    28  all black.
    29    9. Below the names of the candidates for each office or position there
    30  shall be printed as many blank spaces, for writing in names  of  persons
    31  for whom the voter desires to vote, as there are persons to be nominated
    32  or elected.
    33    10.  In  case  the sections shall be so numerous as to make the ballot
    34  unwieldy if they are printed in one column, they may be  printed  in  as
    35  many  columns  as  shall  be  necessary,  and  in that case, in order to
    36  produce a rectangular ballot, blank sections may be used.
    37    11.  The names of parties or independent  bodies  which  contain  more
    38  than  fifteen  letters may, whenever limitations of space so require, be
    39  printed on the ballot in an abbreviated form. In printing the  names  of
    40  candidates  whose full names contain more than fifteen letters, only the
    41  surname must be printed in full.  The officer or board charged with  the
    42  duty of preparing the ballots shall request each such candidate to indi-
    43  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
    44  restriction, his name  shall  be  printed.  If  no  such  indication  is
    45  received  from  such candidate within the time specified in the request,
    46  such officer or board shall make the necessary determination. No  emblem
    47  shall  occupy  a space longer in any direction than the voting square to
    48  which it relates.]
    49    § 5.  Section 7-108 of the election law is REPEALED.
    50    § 6. Section 7-110 of the election law, as amended by chapter  647  of
    51  the laws of 1982, is amended to read as follows:
    52    §  7-110. Ballots; form for ballot proposals; additional requirements.
    53  Ballot proposals shall appear on the [voting machine  or]  ballot  in  a
    54  separate  section  or  on  a separate sheet or card.  At the left of, or
    55  below or above, each proposal shall appear [two voting  levers  or]  two
    56  voting  [squares, each at least one-half inch square] positions. Next to

        A. 3389--B                          8
 
     1  the first [lever or square] voting position shall be  printed  the  word
     2  "Yes," and next to the second [lever or square] voting position shall be
     3  printed  the word "No." The proposals shall be numbered consecutively on
     4  the [voting machine or] ballot. The number of each proposal shall appear
     5  in  front of its designation as an amendment, proposition or question in
     6  the following form:  "Proposal one, an amendment; proposal two, a propo-
     7  sition; proposal three, a question".
     8    § 7. Section 7-114 of the election law, as amended by chapter  234  of
     9  the  laws  of 1976, paragraph (c) of subdivision 1 as amended by chapter
    10  433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
    11  chapter 461 of the laws of 1977, is amended to read as follows:
    12    § 7-114. Ballots; form for primary election; additional  requirements.
    13  1.  (a)  [The] On the face of the official ballot for a primary election
    14  [shall be divided into parts.  Descriptive words to indicate the purpose
    15  of each part shall be printed at its head. Beginning at the left or top,
    16  the first part shall be entitled, and shall be for "Candidates] contests
    17  and candidates for nomination for public office[". The second part shall
    18  be entitled, and shall be for "Candidates] shall appear first,  followed
    19  by  contests  and  candidates  for party positions.["] When necessary, a
    20  part may be divided into two or more columns or rows, but the  names  of
    21  all persons designated for the same office or party position shall be in
    22  the same column or row.
    23    (b)  [In each part shall be printed the titles of the offices or party
    24  positions, as the case may be, for which the part is  to  be  used,  and
    25  under  each  such  title  shall  be  printed the names of the designated
    26  candidates for the office or position.
    27    (c)] Where a candidate for nomination for the same  public  office  or
    28  for  election  to  the  same party position is designated by two or more
    29  petitions, his or her name shall be  placed  upon  the  ballot  for  the
    30  primary election but once as such a candidate.
    31    [(d)]  (c)  The ballot shall not contain a space for voting for candi-
    32  dates for uncontested offices and positions,  and  no  ballot  shall  be
    33  printed for a party [whose primary is uncontested] for which there is no
    34  contested office or position unless a petition for opportunity to ballot
    35  has been filed.
    36    2.  (a)  [The paper ballot for a primary election shall conform to the
    37  form for paper ballots set forth in this article with respect to quality
    38  and weight of paper, perforated line, and number on the stub on the back
    39  of the ballot.
    40    (b) On the back of the paper ballot, on the  stub,  immediately  below
    41  the  number,  shall  be the name of the party. On the back of the ballot
    42  and below the stub, and immediately to the left of  the  center  of  the
    43  ballot, and on the front of the ballot, below the perforated line, shall
    44  be  printed,  in  addition  to  the other information required for paper
    45  ballots, the name and emblem of the party and the words "Official prima-
    46  ry ballot."
    47    (c) On the front of the stub, above the perforated line at the top  of
    48  the paper ballot shall be printed the same instructions as on the gener-
    49  al election ballot.
    50    (d)  The  parts  of the paper ballot below such heavy black horizontal
    51  line shall be separated by a heavy black vertical line  or  lines,  one-
    52  fourth of an inch in width. Descriptive words to indicate the purpose of
    53  each part shall be printed at its head, below the heavy black horizontal
    54  line.  Immediately below such captions shall be printed two light paral-
    55  lel horizontal lines  approximately  one-sixteenth  of  an  inch  apart,
    56  extending across each part.

        A. 3389--B                          9

     1    (e)  The  names  of candidates on paper ballots shall be numbered with
     2  arabic numerals printed in heavy faced type beginning with "one" for the
     3  first candidate named in the first  part  and  continuing  in  numerical
     4  order to and including the last candidate named in the last part, except
     5  that where] on the official primary election ballot, the ballot endorse-
     6  ment shall include the name of the party for which such ballot is valid.
     7    (b)  where  two  or more candidates are to be elected to a party posi-
     8  tion, the names of candidates  designated  by  each  petition  shall  be
     9  grouped together, and [each group shall have but one number, which shall
    10  be printed opposite the approximate center of the group] may be referred
    11  to collectively on the ballot as a group.
    12    [(f)  The  number  of a candidate shall be printed on the paper ballot
    13  between the voting space and the name of the candidate. Each group shall
    14  have a bracket embracing the names in the group.
    15    (g) Spaces containing names of candidates and for  writing  in  names,
    16  and  intervening spaces on the paper ballot, shall be separated by light
    17  horizontal lines. [Names of  candidates  shall  be  printed  in  capital
    18  letters  not  less  than one-eighth nor more than three-sixteenths of an
    19  inch in height.
    20    (h)] (c) The paper ballots of no two parties shall  be  identified  by
    21  the  same  color    or  color markings, and the state board of elections
    22  shall select the color for each new party[, and not  later  than  twelve
    23  weeks  before  a  primary  election,  shall  transmit  to  each board of
    24  elections].  The state board of elections shall include with the board's
    25  ballot certification a certificate stating the colors so selected.
    26    § 8.  Subdivisions 2, 3, 4 and 6 of section 7-116 of the election law,
    27  subdivision 2 as amended by chapter 234 of the laws of 1976, subdivision
    28  3 as amended by chapter 9 of the laws of 1978 and  the  second  undesig-
    29  nated  paragraph  of subdivision 6 as amended by chapter 121 of the laws
    30  of 1997, are amended to read as follows:
    31    2. The officer or board who or which prepares the ballot shall  deter-
    32  mine  the  order  in which shall appear, below the names of party candi-
    33  dates the nominations made only by independent bodies. Such  officer  or
    34  board  also  shall  determine the order in which shall be printed[, in a
    35  section of such ballot] the names of two or more candidates nominated by
    36  one party or independent body, for  an  office  to  which  two  or  more
    37  persons  are  to  be elected; provided, however, that any such candidate
    38  may, by a writing filed with such board or officer not later  than  [one
    39  week] three business days after the adjournment of the convention or one
    40  week  after the primary election nominating him or her, or otherwise not
    41  later than two days after the filing  of  the  petition  or  certificate
    42  nominating  him or her, demand that such order be determined by lot, and
    43  in that case such order shall be so determined, upon two days notice  by
    44  mail  given  by such board or officer to each candidate for such office.
    45  The state board of elections shall perform the duties required  by  this
    46  subdivision in all cases affecting nominations filed in its office.
    47    3.  The officer or board with whom or which are filed the designations
    48  for a public office or party position shall determine by lot,  upon  two
    49  days notice by mail given by such board or officer to each candidate for
    50  such  office  or  position  and  to  the committee, if any, named in the
    51  designating petition, the order in which shall be printed on  the  offi-
    52  cial  primary  ballot,  under  the  title of the office or position, the
    53  names of candidates for public office, the names  of  candidates  for  a
    54  party  position  to which not more than one person is to be elected, and
    55  the groups of names of candidates for party position where two  or  more
    56  persons  are  to  be  elected thereto and any petition designates two or

        A. 3389--B                         10
 
     1  more persons therefor, provided, however, that whenever groups of  names
     2  for  more  than  one party position are designated by the same petition,
     3  the order in which they shall be printed on the official primary  ballot
     4  shall  be determined by a single lot. Candidates for [delegate or deleg-
     5  ates] delegate(s) and alternate [delegate or delegates]  delegate(s)  to
     6  conventions  designated  by  the same petition shall, for the purpose of
     7  this subdivision, be treated as one group. The names of  candidates,  if
     8  any,  for  a  party  position  to  which  two  or more persons are to be
     9  elected, who are designated by individual petitions and not in  a  group
    10  shall  be  printed  [below]  after  such  group or groups, in such order
    11  between themselves, as such officer or board shall determine by lot upon
    12  the notice specified in this subdivision.  The names within a  group  of
    13  candidates designated for party position by one petition shall be print-
    14  ed  in  the same order in which they appear in the petition, unless they
    15  appear in a different order on different pages of the petition, in which
    16  case their order within the group shall be determined by such officer or
    17  board by lot upon the notice specified in this  subdivision.  Candidates
    18  for  members of a state committee designated by a single petition shall,
    19  for the purposes of this subdivision, be treated as one group.  However,
    20  the notice to a committee of the drawing need not be mailed to more than
    21  five  members,  if  there be that many, and as to offices or party posi-
    22  tions for which designating  petitions  are  filed  with  the  board  of
    23  elections  of  the  city  of  New  York the notice shall be given to the
    24  committees only.
    25    4. If a vacancy in a designation or nomination  be  filled  after  the
    26  making,  in  the  manner provided in this section, of a determination of
    27  the order in which the names of candidates for the  office  or  position
    28  are  to be printed, to the extent practicable, the name of the candidate
    29  designated or nominated to fill such vacancy shall  be  printed  in  the
    30  place so determined for the original candidate.
    31    6.  [In  the  city  of  New York, the ballot on the voting machine for
    32  primary elections shall conform to the following additional provisions:
    33    The names of the candidates designated for such public office or party
    34  position in the primary of a party shall be placed under  the  title  of
    35  the  office  or position in the alphabetical order of their surnames, in
    36  the first or lowest numbered assembly district and election district  of
    37  any  political  unit  or  subdivision  within a county.   If candidates'
    38  surnames are identical, their given or first name shall determine  their
    39  order.    Thereafter the names shall be rotated by election districts by
    40  transposing the first named candidate to the bottom of the order at each
    41  succeeding election district, so that each name shall appear  first  and
    42  in each other position in an equal number, as nearly as possible, of the
    43  election  districts  and  except, further, that where two or more candi-
    44  dates are to be elected to the same party position, the names of  candi-
    45  dates  for such a position which appear on the same designating petition
    46  shall be grouped together on the ballot in  the  order  in  which  their
    47  names appear on the designating petition and the group rotated alphabet-
    48  ically in relation to other groups or individual candidates according to
    49  the  surname  of  the  first  person on the designating petition of such
    50  group.  Groups of candidates for delegate and  alternate  delegate,  and
    51  groups  of  candidates  for male and female delegate and male and female
    52  alternate delegate to the same convention designated on the  same  peti-
    53  tion  shall  be  rotated  together  alphabetically  in relation to other
    54  groups or individual candidates according to the surname  of  the  first
    55  person  listed  on  such designating petition in the group of candidates
    56  for whichever of such delegate  or  alternate  delegate  positions  will

        A. 3389--B                         11

     1  appear  first  on  the voting machine. If the rules of a party committee
     2  provide for equal representation of the sexes among  the  members  of  a
     3  state  committee     elected from each unit of representation, elections
     4  for  male  and  female members of such a committee from a single unit of
     5  representation shall be conducted as elections for two  different  party
     6  positions.  Notwithstanding  the  provisions  of  this paragraph, if the
     7  board of elections has assigned numbers to the candidates for an  office
     8  or position because of identical or similar names among such candidates,
     9  the  names  of  such  candidates shall be placed under the title of such
    10  office or position in the order of such numbers in such first or  lowest
    11  numbered  district,  and  the  names  shall  not  be rotated by election
    12  district. Such names shall appear in the identical order on each  ballot
    13  in each election district.
    14    County  committee  candidates or groups of candidates shall be printed
    15  within the first election district of each  assembly  district  or  part
    16  thereof,  according  to  the priority of filing of designating petitions
    17  and they shall then be rotated  by  election  district  by  placing  the
    18  candidate  or group of candidates designated in the same petition as the
    19  candidate or group of candidates which was printed first in an  election
    20  district  at  the  bottom  of  the order in the next succeeding election
    21  district in which a candidate or group of candidates designated in  such
    22  petition appears on the ballot.
    23    In  cases where a name is added to or removed from the ballot by court
    24  order too late to make  a  complete  adjustment  to  these  requirements
    25  feasible,  the name may be added at the bottom of the list of candidates
    26  in all election districts, or removed from the ballot  in  all  election
    27  districts  without changing the previously arranged order of other names
    28  and without invalidating the election.   Any inadvertent  error  in  the
    29  order  of names discovered too late to correct the order of the names on
    30  the ballots concerned shall not invalidate an election.
    31    Except where a contest or candidate is  removed  from  the  ballot  by
    32  court  order  too  late  to make complete compliance with this paragraph
    33  feasible, the title of each public office  or  party  position  and  the
    34  names  of  the  candidates  for such office or position appearing on any
    35  voting machine used for primary elections in the city of New York  shall
    36  appear  on  such  machine  immediately  adjacent  to one another, either
    37  horizontally or vertically; and no blank spaces shall separate the names
    38  of candidates actually running for an office or party position  on  such
    39  voting  machine, and no blank spaces shall separate any two such offices
    40  or positions which appear on such voting machine in the same  column  or
    41  row.]  (a)  In cases where a name is added to or removed from the ballot
    42  by court order too late to make a complete adjustment to these  require-
    43  ments  feasible,  the name may be added at the end of the list of candi-
    44  dates in all election districts, or  removed  from  the  ballot  in  all
    45  election  districts  without  changing  the previously arranged order of
    46  other names and without invalidating the election. Any inadvertent error
    47  in the order of names discovered too late to correct the  order  of  the
    48  names on the ballots concerned shall not invalidate an election.
    49    (b)  Except where a contest or candidate is removed from the ballot by
    50  court order too late to make complete  compliance  with  this  paragraph
    51  feasible,  the  title  of  each  public office or party position and the
    52  names of the candidates for such office or  position  appearing  on  any
    53  ballot  used  for  primary  elections  over  which  the  county board of
    54  elections has jurisdiction shall appear on such ballot immediately adja-
    55  cent to one another, either horizontally or  vertically;  and  no  blank
    56  spaces  shall  separate  the names of candidates actually running for an

        A. 3389--B                         12
 
     1  office or party position on such ballot, and no blank spaces shall sepa-
     2  rate any two such offices or positions which appear on  such  ballot  in
     3  the same column or row.
     4    §  9.  Section 7-118 of the election law, as amended by chapter 157 of
     5  the laws of 1996, is amended to read as follows:
     6    § 7-118. Ballots; facsimile and sample.   1. The  board  of  elections
     7  shall  provide  facsimile  and sample ballots which shall be arranged in
     8  the form of a diagram showing such  part  of  the  face  of  the  voting
     9  machine  or ballots as shall be in use at that election.  Such facsimile
    10  and sample ballots shall be [either in full  or  reduced  size]  distin-
    11  guishable  from  the  official ballot by size, color, or other means and
    12  shall contain suitable illustrated directions for voting on  the  voting
    13  machine or ballot.
    14    2.  Such  facsimile  ballots shall be mounted and displayed for public
    15  inspection at each polling place during election day.
    16    3. Sample ballots may be mailed by the  board  of  elections  to  each
    17  eligible voter at least three days before the election, or in lieu ther-
    18  eof,  a copy of such sample ballot may be published at least once within
    19  one week preceding the election in newspapers  [representing  the  major
    20  political parties] or on a website maintained by the board of elections.
    21    4.  One  copy  of  such  facsimile shall be sent to each school in the
    22  county, providing the ninth through  the  twelfth  years  of  compulsory
    23  education,  and  in the city of New York to each such school in the city
    24  of New York, at least one week before each general election for  posting
    25  at  a convenient place in such school. The board of elections shall also
    26  send a facsimile ballot to any other school requesting  such  a  ballot.
    27  In  the  alternative,  the requirements of this subdivision may be fully
    28  satisfied by publishing such facsimile on a website  maintained  by  the
    29  board of elections and notifying each such school of such publication.
    30    §  10.  Subdivisions  1  and  3  of section 7-120 of the election law,
    31  subdivision 3 as amended by chapter 234 of the laws of 1976, are amended
    32  to read as follows:
    33    1. If any voting machine or voting system  for  use  in  any  election
    34  shall  become  out of order during an election it shall, if possible, be
    35  repaired or another machine or voting system substituted as promptly  as
    36  possible.  In case such repair or substitution cannot be made, emergency
    37  ballots, printed or written, and of any suitable form, shall be provided
    38  by  the  board  of elections and may be used for the [taking] casting of
    39  votes.
    40    3. It shall be the duty of each board of elections to cause  a  suffi-
    41  cient  number of emergency ballots to be placed at each polling place in
    42  which voting machines or voting systems are used, to be employed in  the
    43  event  the  voting  machines  or voting systems break down.  At any time
    44  during the hour succeeding a breakdown, the inspectors of  election  may
    45  use  such  emergency  ballots, and if such breakdown lasts more than one
    46  hour, such emergency ballots must be used. The  sample  ballots  may  be
    47  used for this purpose in full or reduced size.
    48    §  11.  Section 7-122 of the election law, subdivision 1 as amended by
    49  chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
    50  vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
    51  (d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by
    52  chapter 165 of the laws of 2010, subdivision 7 as amended by  chapter  9
    53  of  the  laws of 1978, and subdivisions 6 and 7 as renumbered by chapter
    54  352 of the laws of 1986, is amended to read as follows:
    55    § 7-122. Ballots; absentee voters.  1. (a) Ballots for absentee voters
    56  shall be, as nearly as practicable, in the same  form  as  those  to  be

        A. 3389--B                         13
 
     1  voted in the district on election day, [if any,] except that ballots for
     2  primary  elections  shall omit the party position of ward, town, city or
     3  county committee and except further that such ballots need  not  have  a
     4  stub, and shall have the words "Absentee Ballot", endorsed thereon.
     5    (b)  [The  names  of  candidates  upon  the ballot shall be printed in
     6  appropriate sections, with titles of offices, section numbers,  emblems,
     7  voting  squares,  names of parties and political organizations and blank
     8  spaces for writing in names of persons not printed on the ballot. Except
     9  as to the spacing, such ballot  shall  be  printed  wherever  applicable
    10  substantially as follows:
    11    (Form in chap. 381/79)
    12    (c) The indorsement shall be printed and properly filled in:

    13  Official  Absentee  Ballot for (General, Primary or Special, as applica-
    14  ble)
    15  Election
    16  County of......................
    17  (Assembly or Legislative, as applicable) District................
    18  (Ward and City or town, as applicable)...........................
    19  (Insert date of election)
    20  (Insert names of election commissioners providing the ballot)
    21    (d) On the front of the ballot prepared for counting by hand, shall be
    22  printed in heavy black type the following instructions]  All  provisions
    23  of this chapter not inconsistent with this subdivision shall be applica-
    24  ble  to absentee ballots prepared for counting by a ballot scanner or by
    25  hand. The instructions for marking an absentee ballot shall be  provided
    26  and  shall  be substantially as follows, so that they accurately reflect
    27  the ballot layout:
    28                                INSTRUCTIONS
    29    [1. Mark in pen or pencil.
    30    2. To vote for a candidate whose name is printed on this ballot,  make
    31  a  single  cross  X  mark or a single check, V mark in the voting square
    32  above the name of the candidate.
    33    3. To vote for a person whose name is not printed on this ballot write
    34  or stamp his or her name in the space that appears at the bottom of  the
    35  column  or the end of the row (indicate where on the ballot the write-in
    36  space appears) containing the title of the office.
    37    4. To vote on a proposal make a cross X mark or a check V mark in  one
    38  of the squares contained in the box setting forth such proposal.
    39    5.  Any  other  mark  or  writing,  or any erasure made on this ballot
    40  outside the voting squares or blank spaces provided for voting will void
    41  this entire ballot.
    42    6.  Do not overvote. If you select a greater number of candidates than
    43  there are vacancies to be filled, your ballot  will  be  void  for  that
    44  public office, party position or proposal.
    45    7. If you tear, or deface, or wrongly mark this ballot, call the board
    46  of  elections  at  (insert phone number here) for instructions on how to
    47  obtain a new ballot. Do not attempt to correct mistakes on the ballot by
    48  making erasures or cross outs. Erasures or cross outs may invalidate all
    49  or part of your ballot. Prior to submitting your ballot, if you  make  a
    50  mistake  in completing the ballot or wish to change your ballot choices,
    51  you may obtain and complete a new ballot. You have a right to a replace-
    52  ment ballot upon return of the original ballot.] Mark the (insert "oval"
    53  or "square") to the left of the name of  your  choice.  (Provide  illus-
    54  tration  of correctly-marked voting position here.) To vote for a candi-
    55  date whose name is not printed on the ballot, (insert "mark the oval (or

        A. 3389--B                         14
 
     1  square) to the left of 'write-in' and print the name clearly" or  "print
     2  the  name  clearly  in  the box labeled 'write-in'"), staying within the
     3  box. Any mark or writing outside the spaces provided for voting may void
     4  the entire ballot. You have a right to a replacement ballot. If you make
     5  a  mistake  or  want to change your vote, call the board of elections at
     6  (insert phone number here) for instructions  on  how  to  obtain  a  new
     7  ballot.  The  number  of choices is listed for each contest. Do not mark
     8  the ballot for more candidates than allowed. If you  do,  your  vote  in
     9  that contest will not count.
    10    (c)   When   a  question  or  proposal  is  included  on  the  ballot,
    11  instructions substantially similar to those provided in subdivision  ten
    12  of section 7-104 of this article shall be included.
    13    2.  [The  following  provisions  shall  apply  to all absentee ballots
    14  prepared for counting by a ballot scanner and all  other  provisions  of
    15  this  chapter not inconsistent with this subdivision shall be applicable
    16  to such ballots:
    17    (a) The party emblem need not be printed next  to  the  name  of  each
    18  candidate.
    19    (b)  The  ballot  proposals  may be on the back of the ballot, or on a
    20  separate ballot.
    21    (c) The printed instructions to the voter shall read as follows:
    22                                INSTRUCTIONS
    23    1. Mark only with a pen or pencil.
    24    2. To vote for a candidate whose name is printed on this ballot,  fill
    25  in  the (insert oval or square, as applicable) above or next to the name
    26  of the candidate.
    27    3. To vote for a person whose name is  not  printed  on  this  ballot,
    28  write  or  stamp  his  or  her name in the space labeled "write-in" that
    29  appears (insert at the bottom of the column or the end of  the  row,  as
    30  applicable)  containing  the title of the office and, if required by the
    31  voting system in use at  such  election,  the  instructions  shall  also
    32  include  "and  fill in the (insert oval or square, as applicable) corre-
    33  sponding with the write-in space in which the voter has written a name."
    34    4. To vote yes or no on a proposal, if any, that appears on the (indi-
    35  cate where on the ballot the proposal may appear) fill  in  the  (insert
    36  oval or square, as applicable) that corresponds to your vote.
    37    5.  Any  other  mark  or  writing,  or any erasure made on this ballot
    38  outside the voting squares or blank spaces provided for voting will void
    39  this entire ballot.
    40    6.  Do not overvote. If you select a greater number of candidates than
    41  there are vacancies to be filled, your ballot  will  be  void  for  that
    42  public office, party position or proposal.
    43    7.    If  you  tear,  or deface, or wrongly mark this ballot, call the
    44  board of elections at (insert phone number here) for instructions on how
    45  to obtain a new ballot. Do not attempt to correct mistakes on the ballot
    46  by making erasures or cross outs. Erasures or cross outs may  invalidate
    47  all or part of your ballot. Prior to submitting your ballot, if you make
    48  a  mistake in completing the ballot or wish to change your ballot choic-
    49  es, you may obtain and complete a new ballot. You  have  a  right  to  a
    50  replacement ballot upon return of the original ballot.
    51    (d)  Such  instructions  may  be  printed  on the front or back of the
    52  ballot or on a separate sheet or card.  If  such  instructions  are  not
    53  printed  on  the  front  of  the  ballot,  there shall be printed on the
    54  ballot, in the largest size type for which there is room, the  following
    55  legend: "See instructions on other side" or "See enclosed instructions",
    56  whichever is appropriate.

        A. 3389--B                         15

     1    (e)  Such  ballots  which  are  to  be counted by a ballot scanner may
     2  consist of two  or  more  sheets,  which  are  divided  into  perforated
     3  sections which can be separated at the time of canvassing.
     4    3.]  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  this

        A. 3389--B                         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 voter

        A. 3389--B                         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  for

        A. 3389--B                         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 than
    37  two] 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 election
    40  district] 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 inspection
    44  shall 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 of

        A. 3389--B                         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.
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