A07492 Summary:

BILL NOA07492D
 
SAME ASNo same as
 
SPONSORKavanagh
 
COSPNSRHevesi, Peoples-Stokes, Rosenthal, Schimel, Lupardo, Quart
 
MLTSPNSRTitone
 
Rpld S7-126, amd El L, generally
 
Enacts the voter friendly ballot act of 2012.
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A07492 Actions:

BILL NOA07492D
 
05/06/2011referred to election law
05/25/2011amend and recommit to election law
05/25/2011print number 7492a
01/04/2012referred to election law
01/31/2012amend (t) and recommit to election law
01/31/2012print number 7492b
05/10/2012amend (t) and recommit to election law
05/10/2012print number 7492c
05/22/2012amend (t) and recommit to election law
05/22/2012print number 7492d
06/20/2012reported referred to rules
06/21/2012reported
06/21/2012rules report cal.539
06/21/2012ordered to third reading rules cal.539
06/21/2012passed assembly
06/21/2012delivered to senate
06/21/2012REFERRED TO RULES
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A07492 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7492D
 
SPONSOR: Kavanagh
  TITLE OF BILL: An act to amend the election law, in relation to enacting the voter friendly ballot act of 2012; and to repeal section 7-126 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 7-104 of the election law is amended in the following ways: o Subsection one requires use of sans serif type. o Subsection three exempts the city of New York from affixing a desig- nating letter and number on ballots for primary elections. o Subsection seven is removed which specified that each row on the ballot have an image with a closed fist and extended finger and include the party emblem. Section 7-106 of the election law is amended in the following ways: o Subsection one specifies that paper ballots shall be clearly distin- guishable from sample ballots by size, color, or other means. o Subsection two is added to require the State Board of Elections to publish and distribute a master template ballot to the counties before each statewide election. o Subsection six sets forth the requirements for instructions on a ballot by specifying that the oval or square to the left of the candi- date's name shall be marked by the voter; depending on the voting system used by counties, the oval or square to the left of the "write-in" section shall be marked if a voter wishes to cast a vote for a write-in candidate; by informing voters that they do not have to vote in every contest; and if the voter makes a mistake, 'or wants to change their vote, to ask a poll worker for a new ballot. o Subsection seven requires line drawing illustrations to supplement these instructions. o Subsection eight sets forth the specifications for instructions when voting for questions and proposals, instructing the voter to mark the oval or square to the left of the voter's choice. o Subsection ten sets forth other specifications for the ballot to be used to the extent practicable including, titles of offices and names of candidates being printed flush left in each column; the voting oval or square be placed to the left of the candidate's name; use of standard capitalization; use of a font size of not less than twelve points - or one sixth of an inch for the names of candidates; or font family, on the ballot; delineation between the ballot instructions and the first office or ballot question or proposal; consistent use of shading; if more than one candidate is to be elected in any race on the ballot, then "Vote for up to X" (providing the maximum number of candidates to be elected) shall be printed immediately below each office title appearing on the ballot; under or to the right of the name of each candidate shall be printed, in less prominent type face than that in which the candidate's name is printed, the name of the political party by which the candidate was nominated or certified; no party emblems shall be printed under or after the candidate's name that is printed on the ballot; and the names of candidates to the same office shall appear on the same page and in the same column of that page of a printed ballot, unless no alternative is possible. Section 7-114 is amended in the following ways: o The title or section is changed from "Ballots; form for primary elections" to "Ballots; form for primary elections, additional require- ments" o Subsection two is amended to allow two or more candidates running to be elected to a party position as a group to be referred to collectively on the ballot as a "group" in the City of New York. Section 7-118 of the election law is amended in the following ways: o Subsection one requires sample ballots to be distinguishable from the ballot by size, color, or other means. o Subsection three allows the boards of elections to publish a sample ballot online instead of mailing a sample ballot to every eligible voter at least three days before the election. o Subsection four allows the boards of elections to satisfy the require- ment of sending a sample ballot to all high schools in the city of New York by publishing such sample ballot on a website maintained by the boards of elections. Section 7-122 of the election law is amended in the following ways: o The instructions are simplified and should comply with the same requirements set forth in section 7-106. o Subsection four mandates that there shall be 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 county boards of elections. Section 7-123 of the election law is amended in the following way: o Subsection three mandates that there shall be three envelopes for each military absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to county boards of elections. Section 7-124 of the election law is amended in the following way: o Subsection two mandates that there shall be 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 county boards of elections. Section 7-126 of the election law is repealed. Section 7-128 of the election law is amended in the following ways: o Subsection one is amended expand the time public for inspection of sample official ballots to 28 days, rather than the current five days and to expand the time for inspection of official ballots to 14 days, rather than the current four day requirement. o Subsection two is amended to expand the time for candidates on a ballot to inspect the ballot to 14 days rather than the current two day requirement. Section 7-130 of the election law is amended in the following way: o Removes the requirement that party emblems shall be contained on the ballot labels for ballots to be examined by voters prior to the election.   JUSTIFICATION: A ballot that is clear and simple to read makes voting easier and leads to more accurate voting. In the 2010 primary and general elections, New York voters were confronted with a ballot that was cluttered and diffi- cult to read. A post-election survey released by the New York City Coun- cil found that ballot design was among the top complaints of voters with approximately 1 in 3 voters reporting that the ballot was difficult to read or confusing. According to a report drafted by the New York City Board of Elections, at a City Council Committee Meeting held on October 4, 2010, speakers from several public advocacy groups stated that the font size used on the ballots was too small. This was exemplified by the fact that polling sites provided magnifying glasses for voters. 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: 2011: A.7492A (Kavanagh) Election Law   FISCAL IMPACT ON THE STATE: To be determined.   EFFECTIVE DATE: This act shall take effect immediately, and shall only apply to ballots to be used for elections occurring after January 1, 2013.
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A07492 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7492--D
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 6, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  KAVANAGH, HEVESI, PEOPLES-STOKES, ROSENTHAL,
          SCHIMEL -- Multi-Sponsored by -- M. of A.  TITONE  --  read  once  and
          referred  to  the  Committee  on Election Law -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  recommitted to the Committee on Election Law in accord-

          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  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 of 2012; and to repeal section 7-126 of  such  law
          relating to the form of ballots
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title.  This act shall be known and may be  cited  as
     2  the "voter friendly ballot act of 2012".

     3    §  2. Paragraph a of subdivision 3 and paragraph b of subdivision 4 of
     4  section 7-102 of the election law, as added by chapter 371 of  the  laws
     5  of 1990, are amended to read as 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    b. Each candidate for an office or position for which such numbers are
    15  assigned  may  file  with such board, not later than fourteen days after
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11215-10-2

        A. 7492--D                          2
 
     1  such determination, any or all of the information permitted by paragraph
     2  a of this subdivision in the form in which such  candidate  wishes  such
     3  information  to  appear  in  such leaflet. If such board determines that
     4  such  filing  does not comply with the requirements of this subdivision,
     5  it shall notify such candidate  forthwith  by  first  class  mail.  Such
     6  candidate  may  file  revised information with such board not later than
     7  ten days after such notice was mailed. If a candidate does  not  make  a
     8  filing  within  the  times  prescribed  by this paragraph, the words "no

     9  information supplied" shall appear next to his or her name on such leaf-
    10  let.
    11    § 3.  Section 7-104 of the election law, as amended by chapter 165  of
    12  the laws of 2010, is amended to read as follows:
    13    §  7-104.  Ballots;  form  of, voting machine. 1. All ballots shall be
    14  printed and/or displayed in a format and arrangement,  of  such  uniform
    15  size  and style as will fit the ballot [frame], and shall be in as plain
    16  and clear a type or display as the space will reasonably  permit,  using
    17  only  sans  serif  print fonts. Such type or display on the ballot shall
    18  satisfy all requirements and standards set forth pursuant to the federal
    19  Help America Vote Act.
    20    2. The names of parties or independent bodies which contain more  than
    21  fifteen letters may, whenever limitations of space so require, be print-

    22  ed on the ballot in an abbreviated form. In printing the names of candi-
    23  dates  whose  full  names  contain  more  than fifteen letters, only the
    24  surname must be printed in full. The officer or board charged  with  the
    25  duty of preparing the ballots shall request each such candidate to indi-
    26  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
    27  restriction, his or her name shall be printed. If no such indication  is
    28  received  from  such candidate within the time specified in the request,
    29  such officer or board shall make the necessary determination.
    30    3. (a) The party name or other designation, and a  designating  letter
    31  and  number  shall be affixed to the name of each candidate, or, in case
    32  of presidential electors, to the names of the candidates  for  president
    33  and  vice-president  of  such  party,  except  in the city of New York a

    34  designating letter and number need not be so affixed on a ballot  for  a
    35  primary election.
    36    (b) The titles of offices may be arranged horizontally, with the names
    37  of  candidates for an office and the slot or device for write-in ballots
    38  for such office arranged vertically under the title of  the  office,  or
    39  the  titles  of  offices  may  be arranged vertically, with the names of
    40  candidates for an office and the slot or device for write-in ballots for
    41  such office arranged horizontally opposite the title of the office.
    42    (c) Each office shall occupy as many columns or rows on the machine as
    43  the number of candidates to be elected to that office.
    44    4. (a) The names of all candidates nominated by any party or independ-
    45  ent body for an office shall always appear in the row or column contain-

    46  ing generally the names of candidates nominated by such party  or  inde-
    47  pendent body for other offices except as hereinafter provided.
    48    (b) When the same person has been nominated for an office to be filled
    49  at  the  election by more than one party, the voting machine shall be so
    50  adjusted that his or her  name  shall  appear  in  each  row  or  column
    51  containing generally the names of candidates for other offices nominated
    52  by any such party.
    53    (c) If such candidate has also been nominated by one or more independ-
    54  ent  bodies,  his  or  her  name shall appear only in each row or column
    55  containing generally the names of candidates for other offices nominated
    56  by any such party and the name  of  each  such  independent  body  shall

        A. 7492--D                          3
 
     1  appear  in one such row or column to be designated by the candidate in a

     2  writing filed with the officer or board charged with the duty of provid-
     3  ing ballots, or if such person shall fail to so designate, the names  of
     4  such independent bodies shall appear in such row or column as such offi-
     5  cer or board shall determine.
     6    (d)  If  any person shall be nominated for any office by one party and
     7  two or more independent bodies his or  her  name  shall  appear  on  the
     8  voting machine twice; once in the row or column containing generally the
     9  names  of candidates for other offices nominated by such party, and once
    10  in the row or column containing generally the names of candidates  nomi-
    11  nated  by  the  independent  body designated by such person in a writing
    12  filed with the officer or board  charged  with  the  duty  of  providing
    13  ballots  and  in  connection with the name of such person in such row or

    14  column shall appear the name of each independent body nominating him  or
    15  her  or,  if  such  person  shall fail to so designate, the name of such
    16  candidate and the names of such independent bodies shall appear in  such
    17  row or column as such officer or board shall determine.
    18    (e)  If  any  person is nominated for any office only by more than one
    19  independent bodies, his or her name  shall  appear  but  once  upon  the
    20  machine in one such row or column to be designated by the candidate in a
    21  writing filed with the officer or board charged with the duty of provid-
    22  ing  ballots,  or  if  the  candidate shall fail to so designate, in the
    23  place designated by the officer  or  board  charged  with  the  duty  of
    24  providing  ballots,  and  in connection with his or her name there shall
    25  appear the name of each independent body nominating  him  or  her,  but,

    26  where  the  capacity of the machine will permit, the name of such person
    27  shall not appear or be placed in a column or on a horizontal  line  with
    28  the names of persons nominated by a party for other offices.
    29    5. Notwithstanding the provisions of subdivision four of this section,
    30  the  name  of  a  person who is nominated for the office of governor, or
    31  state senator, or member of assembly, shall appear on the ballot as many
    32  times as there are parties or independent bodies nominating him or  her,
    33  and  there  shall  be  a  separate voting and registering device at each
    34  place in which such name shall appear.
    35    6. If any type of machine used in any  county  or  city  contains  any
    36  feature,  the  use  of  which  is neither required nor prohibited by the
    37  provisions of this chapter, the board of elections may,  by  resolution,

    38  require  that one or more of such features shall be used in such county.
    39  Thereafter all machines of such type used in such county or  city  shall
    40  be  operated in conformity with any such resolution. Any such resolution
    41  may thereafter be rescinded by such board and after being  so  rescinded
    42  may  be  re-adopted.  Once  re-adopted by any board of elections, such a
    43  resolution may not be rescinded again by such board.
    44    7. The ballot shall have printed upon it in black ink for  each  party
    45  or  independent  row,  at the head of the column or the beginning of the
    46  row containing the names of candidates, [the image of a closed fist with
    47  index finger extended pointing to the party or independent row.  In  the
    48  same space, in black letters as large as the space will permit, shall be

    49  printed]  the name of the party or independent body [and at the right of
    50  the fist and below the index finger shall be printed in  black  ink  the
    51  emblem] and the designating [letters] letter of the row or column.
    52    8. With respect to candidates for the offices of governor and lieuten-
    53  ant governor of a party or independent body, ballots shall be printed so
    54  that  the  names of such candidates for both offices shall appear in the
    55  same row or column, with the name of the candidate for governor  appear-

        A. 7492--D                          4
 
     1  ing  first  and  the  ballot  shall be so adjusted that both offices are
     2  voted for jointly and have but one designating letter or number.
     3    § 4. Section 7-106 of the election law, the section heading and subdi-

     4  visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
     5  as  renumbered by chapter 165 of the laws of 2010, is amended to read as
     6  follows:
     7    § 7-106.  [Election day paper ballots; form of] Ballots; form of,  for
     8  ballot  scanners;  general,  primary,  or  special  elections.  1. Paper
     9  ballots which are to be counted by a ballot scanner may consist  of  two
    10  or  more  sheets which are divided into perforated sections which can be
    11  separated at the time the ballot  is  scanned.  Such  ballots  shall  be
    12  printed  on  paper of a quality, size, color, and weight approved by the
    13  state board of elections, and  shall  be  clearly  distinguishable  from
    14  sample ballots by size, color, or other means.
    15    2.  [All  paper  ballots  of  the same kind for the same polling place

    16  shall be identical. A different, but in each case uniform style and size
    17  of type, shall be used for printing the names of candidates, the  titles
    18  of  offices,  political  designations, and the reading form of all ques-
    19  tions submitted. The names of candidates shall  be  printed  in  capital
    20  letters  in black-faced type.] Before each statewide election, the state
    21  board of elections shall publish and distribute to the county boards  of
    22  elections  a  sample master template of that portion of the ballot which
    23  relates to statewide offices.
    24    3. All type shall be sans serif. Names of candidates  shall  be  in  a
    25  uniform style and size of type using standard capitalization.  Titles of

    26  offices  shall be in a uniform style and size of type.  Political desig-
    27  nations shall be in a uniform style and size of type. The  form  of  all
    28  questions submitted shall be in a uniform style and size of type.
    29    4.  Each  ballot shall be printed on the sheet with a stub which shall
    30  be separated therefrom by a line of perforations  extending  across  the
    31  entire ballot. On the face of the stub shall be printed "No........" the
    32  blank  to  be  filled  with consecutive number of ballots beginning with
    33  "No. 1", and increasing in regular numerical order.
    34    [4.] 5. On such ballot shall be printed the following indorsement, the
    35  blanks properly filled in:
 
    36  Official Ballot for (General, Primary or Special, as  applica-
    37  ble)
    38  Election
    39  County of ........................

    40  (Assembly    or    Legislative,    as   applicable)   District
    41  .....................
    42  (Ward  and  City  or  town  ..................,  as   applica-
    43  ble)............
    44  Election District ...........................
 
    45  (Insert date of election.)
    46  (Insert names of election commissioners providing the ballot.)
 
    47    [5.  The following ballot instructions shall be printed in heavy black
    48  type:
    49                                INSTRUCTIONS
    50    (1) Mark only with a writing  instrument  provided  by  the  board  of
    51  elections.

        A. 7492--D                          5

     1    (2)  To vote for a candidate whose name is printed on this ballot fill
     2  in the (insert oval or square, as applicable) above or next to the  name

     3  of the candidate.
     4    (3)  To  vote  for  a  person whose name is not printed on this ballot
     5  write or stamp his or her name in  the  space  labeled  "write-in"  that
     6  appears  (insert  at  the bottom of the column, the end of the row or at
     7  the bottom of the candidate names, as applicable) for such office  (and,
     8  if  required  by  the  voting  system  in  use  at  such  election,  the
     9  instructions shall also include "and fill in the (insert oval or square,
    10  as applicable) corresponding with the write-in space in which  you  have
    11  written in a name").
    12    (4)  To  vote  yes  or  no  on a proposal, if any, that appears on the
    13  (indicate where on the ballot the  proposal  may  appear)  fill  in  the

    14  (insert oval or square, as applicable) that corresponds to your vote.
    15    (5)  Any  other  mark  or  writing, or any erasure made on this ballot
    16  outside the voting squares or blank spaces provided for voting will void
    17  this entire ballot.
    18    (6) Do not overvote. If you select a greater number of candidates than
    19  there are vacancies to be filled, your ballot  will  be  void  for  that
    20  public office, party position or proposal.
    21    (7) If you tear, or deface, or wrongly mark this ballot, return it and
    22  obtain  another.  Do  not  attempt  to correct mistakes on the ballot by
    23  making erasures or cross outs. Erasures or cross outs may invalidate all
    24  or part of your ballot. Prior to submitting your ballot, if you  make  a

    25  mistake  in completing the ballot or wish to change your ballot choices,
    26  you may obtain and complete a new ballot. You have a right to a replace-
    27  ment ballot upon return of the original ballot.
    28    (8) After completing your ballot, insert it into  the  ballot  scanner
    29  and  wait for the notice that your ballot has been successfully scanned.
    30  If no such notice appears, seek the assistance of an election inspector.
    31    6. The instructions in subdivision five of this section may be printed
    32  on the front or back of the ballot or on a separate sheet  or  card.  If
    33  such  instructions  are  not  printed  on the front of the ballot, there
    34  shall be printed on the ballot, in the largest size type for which there

    35  is room, the following legend: "See instructions on the other  side"  or
    36  "See enclosed instructions", whichever is appropriate.
    37    7.  Each  such ballot shall be printed in sections in which the candi-
    38  dates' names and political designations, the ballot proposals and  other
    39  requisite  matter  shall  each  be boxed in by heavy black perpendicular
    40  lines of equal width. In each such section  shall  be  voting  ovals  or
    41  squares  which voters may fill in. If applicable, ovals or squares shall
    42  be provided next to the blank spaces provided for a voter to write in  a
    43  name.
    44    8.  The  space for the title of an office shall be three-eighths of an
    45  inch, and the name of a candidate or for writing in a  name,  one-fourth

    46  of  an inch, in depth. At the left of the name of each designated candi-
    47  date shall be an enclosed voting space,  three-eighths  of  an  inch  in
    48  width  and  approximately one-fourth of an inch in depth, bounded above,
    49  below and to the right by black lines, heavier than those which separate
    50  the spaces containing the names of candidates. To  the  left  of  voting
    51  spaces  which  do  not  adjoin a vertical line dividing two parts, there
    52  shall be a heavy black vertical line approximately one-eighth of an inch
    53  in width. No voting space shall be provided in the space for writing  in
    54  names.  In such case, the space corresponding to a voting space shall be
    55  all black.

        A. 7492--D                          6


     1    9. Below the names of the candidates for each office or position there
     2  shall  be  printed as many blank spaces, for writing in names of persons
     3  for whom the voter desires to vote, as there are persons to be nominated
     4  or elected.
     5    10.  In  case  the sections shall be so numerous as to make the ballot
     6  unwieldy if they are printed in one column, they may be  printed  in  as
     7  many  columns  as  shall  be  necessary,  and  in that case, in order to
     8  produce a rectangular ballot, blank sections may be used.]
     9    6. Each ballot shall contain instructions for marking the ballot.  The
    10  instructions shall be printed in line lengths no wider than five inches.
    11  The  text  shall  be  substantially  as  follows,  so that it accurately

    12  reflects the ballot layout:
    13                                INSTRUCTIONS
    14    Mark the (insert "oval" or "square") to the left of the name  of  your
    15  choice.  (Provide illustration here.) To vote for a candidate whose name
    16  is not printed on the ballot, (insert "mark the oval (or square) to  the
    17  left of 'write-in' and print the name clearly" or "print the name clear-
    18  ly  in  the  box labeled 'write-in'"), staying within the box. Any mark,
    19  writing, or erasure outside the spaces provided for voting will void the
    20  entire ballot. The number of choices is listed for each contest. Do  not
    21  mark  the  ballot for more candidates than allowed. If you do, your vote
    22  in that contest will not count. If you make a mistake, or want to change

    23  your vote, ask a poll worker for a new ballot.
    24    7. The state board of elections  shall  provide  line  drawing  illus-
    25  trations to supplement these instructions. At a minimum, an illustration
    26  of  the correct way to mark the ballot shall be provided, but nothing in
    27  this section shall be construed to limit the board  in  providing  addi-
    28  tional illustrations.
    29    8. When a question or proposal is included on the ballot, instructions
    30  substantially  like  the  following shall be included on the ballot near
    31  the first question or proposal:
    32    Instructions for Voting for Questions and Proposals
    33    To vote on  a  question  or  proposal,  mark  the  (insert  "oval"  or

    34  "square")  to the left of your choice. If you make a mistake, or want to
    35  change your vote, ask a poll worker for a new ballot.
    36    9. When a question or proposal appears on  the  back  of  the  ballot,
    37  there shall appear on the front of the ballot words or a symbol indicat-
    38  ing that the voter should turn over the ballot.
    39    10.  To  the extent practicable, the ballot shall also comply with the
    40  following specifications:
    41    a. The instructions in subdivision six of this section shall be print-
    42  ed in the upper left hand corner of the front of the ballot;
    43    b. All text, including the title of each office and the name  of  each
    44  candidate,  shall be printed flush left and shall not be centered on the

    45  ballot or in any column or row appearing on the ballot;
    46    c. The voting oval or square shall be to the left of the name  of  the
    47  candidate;
    48    d.  All  text,  including  the  name  of each candidate as provided in
    49  subdivision three of this  section,  shall  be  printed  using  standard
    50  capitalization  in  accordance  with  instructions provided by the state
    51  board of elections and shall not be printed using all capital letters;
    52    e. The name of each candidate shall be printed using a  font  size  of
    53  not less than twelve points or one sixth of an inch;
    54    f. The ballot shall use one font or font family with enough variations
    55  for all text needs;

        A. 7492--D                          7
 

     1    g.  The  ballot  shall  have  a  clear  delineation between the ballot
     2  instructions and the first office or ballot question or proposal through
     3  the use of white space, illustration, shading, color, font size, or bold
     4  type;
     5    h.  Color  and  shading shall be used consistently, so as to differen-
     6  tiate instructions from ballot section dividers and contest information;
     7    i. "Vote for one" or "Vote for up to ......" (the blank  space  to  be
     8  filled  with  the  number  of  persons to be nominated for the office or
     9  elected to the position), as applicable, shall  be  printed  immediately
    10  below each office title appearing on the ballot;
    11    j.  Above, below, or to the right of the name of each candidate, shall

    12  be printed, in less prominent type face than that in  which  the  candi-
    13  date's  name  is printed, the name of the political party or independent
    14  body by which the candidate was nominated or designated;
    15    k. No party emblems shall be printed on the ballot;
    16    l. The names of candidates for the same office  shall  appear  on  the
    17  same  page and in the same column(s) or row(s) of that page of a printed
    18  ballot, and may not be separated by a perforation.
    19    11.  The names of parties or independent  bodies  which  contain  more
    20  than  fifteen  letters may, whenever limitations of space so require, be
    21  printed on the ballot in an abbreviated form. In printing the  names  of
    22  candidates  whose full names contain more than fifteen letters, only the

    23  surname must be printed in full.  The officer or board charged with  the
    24  duty of preparing the ballots shall request each such candidate to indi-
    25  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
    26  restriction, his or her name shall be printed. If no such indication  is
    27  received  from  such candidate within the time specified in the request,
    28  such officer or board shall make the necessary determination. [No emblem
    29  shall occupy a space longer in any direction than the voting  square  to
    30  which it relates.]
    31    §  5.  The  section  heading and subdivision 3 of section 7-108 of the
    32  election law are amended to read as follows:
    33    Ballots; form for general elections; additional requirements.
    34    [3. In every instance where multiple casting of votes is permitted for

    35  two or more candidates for the same office or position, the  instruction
    36  on  the ballot or machine shall read "Vote for any.........", (the blank
    37  space to be filled with the number of persons to be  nominated  for  the
    38  office or elected to the position).]
    39    §  6.  Section 7-110 of the election law, as amended by chapter 647 of
    40  the laws of 1982, is amended to read as follows:
    41    § 7-110. Ballots; form for ballot proposals; additional  requirements.
    42  Ballot proposals shall appear on the voting machine or ballot in a sepa-
    43  rate  section.  At  the  left of, or below or above, each proposal shall
    44  appear [two voting levers or] two voting [squares, each  at  least  one-
    45  half  inch square] positions. Next to the first [lever or square] voting

    46  position shall be printed the word "Yes," and next to the second  [lever
    47  or square] voting position shall be printed the word "No." The proposals
    48  shall  be  numbered  consecutively  on the voting machine or ballot. The
    49  number of each proposal shall appear in front of its designation  as  an
    50  amendment,  proposition  or  question  in the following form:  "Proposal
    51  one, an amendment; proposal two, a proposition; proposal three, a  ques-
    52  tion".
    53    §  7.  Section 7-114 of the election law, as amended by chapter 234 of
    54  the laws of 1976, paragraph (c) of subdivision 1 as amended  by  chapter
    55  433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
    56  chapter 461 of the laws of 1977, is amended to read as follows:

        A. 7492--D                          8
 

     1    §  7-114. Ballots; form for primary election; additional requirements.
     2  1. (a) [The] On the face of the official ballot for a  primary  election
     3  [shall be divided into parts.  Descriptive words to indicate the purpose
     4  of each part shall be printed at its head. Beginning at the left or top,
     5  the first part shall be entitled, and shall be for "Candidates] contests
     6  and candidates for nomination for public office[". The second part shall
     7  be  entitled, and shall be for "Candidates] shall appear first, followed
     8  by contests and candidates for party positions.[" When necessary, a part
     9  may be divided into two or more columns or rows, but the] The  names  of

    10  all persons designated for the same office or party position shall be in
    11  the same column or row.
    12    (b)  [In each part shall be printed the titles of the offices or party
    13  positions, as the case may be, for which the part is  to  be  used,  and
    14  under  each  such  title  shall  be  printed the names of the designated
    15  candidates for the office or position.
    16    (c)] Where a candidate for nomination for the same  public  office  or
    17  for  election  to  the  same party position is designated by two or more
    18  petitions, his or her name shall be  placed  upon  the  ballot  for  the
    19  primary election but once as such a candidate.
    20    [(d)]  (c)  The ballot shall not contain a space for voting for candi-
    21  dates for uncontested offices and positions,  and  no  ballot  shall  be

    22  printed  for  a party whose primary is uncontested unless a petition for
    23  opportunity to ballot has been filed.
    24    2. (a) The paper ballot for a primary election shall  conform  to  the
    25  form for paper ballots set forth in this article with respect to quality
    26  and  weight  of  paper,  perforated line, and number on the stub [on the
    27  back of the ballot].
    28    (b) [On the back of the paper ballot, on the stub,  immediately  below
    29  the  number,  shall  be the name of the party. On the back of the ballot
    30  and below the stub, and immediately to the left of  the  center  of  the
    31  ballot, and on the front of the ballot, below the perforated line, shall
    32  be  printed,  in  addition  to  the other information required for paper
    33  ballots, the name and emblem of the party and the words "Official prima-

    34  ry ballot."
    35    (c) On the front of the stub, above the perforated line at the top  of
    36  the paper ballot shall be printed the same instructions as on the gener-
    37  al election ballot.
    38    (d)  The  parts  of the paper ballot below such heavy black horizontal
    39  line shall be separated by a heavy black vertical line  or  lines,  one-
    40  fourth of an inch in width. Descriptive words to indicate the purpose of
    41  each part shall be printed at its head, below the heavy black horizontal
    42  line.  Immediately below such captions shall be printed two light paral-
    43  lel horizontal lines  approximately  one-sixteenth  of  an  inch  apart,
    44  extending across each part.
    45    (e)  The  names  of candidates on paper ballots shall be numbered with

    46  arabic numerals printed in heavy faced type beginning with "one" for the
    47  first candidate named in the first  part  and  continuing  in  numerical
    48  order to and including the last candidate named in the last part, except
    49  that where two or more candidates are to be elected to a party position,
    50  the  names  of  candidates designated by each petition shall be grouped,
    51  and each group shall have but one number, which shall be  printed  oppo-
    52  site the approximate center of the group.
    53    (f)  The]  Except  in  the city of New York, the number of a candidate
    54  shall be printed on the paper ballot between the voting  space  and  the
    55  name  of  the  candidate.  Each group shall have a bracket embracing the
    56  names in the group. In the city of New  York,  two  or  more  candidates

        A. 7492--D                          9
 
     1  running  to be elected to a party position as a group may be referred to
     2  collectively on the ballot as a "group."
     3    [(g)]  (c)  Spaces  containing  names of candidates and for writing in
     4  names, and intervening spaces on the paper ballot, shall be separated by
     5  light horizontal lines. [Names of candidates shall be printed [in  capi-
     6  tal  letters  not less than one-eighth nor more than three-sixteenths of
     7  an inch in height.]
     8    [(h)] (d) The paper ballots of no two parties shall be  identified  by
     9  the  same  color    or  color markings, and the state board of elections
    10  shall select the color for each new party[, and not  later  than  twelve

    11  weeks  before  a  primary  election,  shall  transmit  to  each board of
    12  elections].  The state board of elections shall include with the board's
    13  ballot certification a certificate stating the colors so selected.
    14    § 8.  Subdivisions 2, 3 and 4 of  section 7-116 of the  election  law,
    15  subdivision 2 as amended by chapter 234 of the laws of 1976 and subdivi-
    16  sion  3 as amended by chapter 9 of the laws of 1978, are amended to read
    17  as follows:
    18    2. The officer or board who or which prepares the ballot shall  deter-
    19  mine  the  order  in which shall appear, below the names of party candi-
    20  dates the nominations made only by independent bodies. Such  officer  or
    21  board  also  shall  determine  the order in which shall be printed, in a
    22  section of such ballot the names of two or more candidates nominated  by

    23  one  party  or  independent  body,  for  an  office to which two or more
    24  persons are to be elected; provided, however, that  any  such  candidate
    25  may,  by  a  writing filed with such board or officer not later than one
    26  week after the adjournment of the  convention  or  one  week  after  the
    27  primary  election nominating him or her, or otherwise not later than two
    28  days after the filing of the petition or certificate nominating  him  or
    29  her,  demand that such order be determined by lot, and in that case such
    30  order shall be so determined, upon two days notice by mail given by such
    31  board or officer to each candidate for such office. The state  board  of
    32  elections  shall  perform the duties required by this subdivision in all
    33  cases affecting nominations filed in its office.
    34    3. The officer or board with whom or which are filed the  designations

    35  for  a  public office or party position shall determine by lot, upon two
    36  days notice by mail given by such board or officer to each candidate for
    37  such office or position and to the  committee,  if  any,  named  in  the
    38  designating  petition,  the order in which shall be printed on the offi-
    39  cial primary ballot, under the title of  the  office  or  position,  the
    40  names  of  candidates  for  public office, the names of candidates for a
    41  party position to which not more than one person is to be  elected,  and
    42  the  groups  of names of candidates for party position where two or more
    43  persons are to be elected thereto and any  petition  designates  two  or
    44  more  persons therefor, provided, however, that whenever groups of names
    45  for more than one party position are designated by  the  same  petition,
    46  the  order in which they shall be printed on the official primary ballot

    47  shall be determined by a single lot. Candidates for [delegate or  deleg-
    48  ates]  delegate(s)  and alternate [delegate or delegates] delegate(s) to
    49  conventions designated by the same petition shall, for  the  purpose  of
    50  this  subdivision,  be treated as one group. The names of candidates, if
    51  any, for a party position to  which  two  or  more  persons  are  to  be
    52  elected,  who  are designated by individual petitions and not in a group
    53  shall be printed below such group or groups, in such order between them-
    54  selves, as such officer or board shall determine by lot upon the  notice
    55  specified  in  this subdivision.  The names within a group of candidates
    56  designated for party position by one petition shall be  printed  in  the

        A. 7492--D                         10
 

     1  same order in which they appear in the petition, unless they appear in a
     2  different  order on different pages of the petition, in which case their
     3  order within the group shall be determined by such officer or  board  by
     4  lot  upon  the  notice  specified  in  this  subdivision. Candidates for
     5  members of a state committee designated by a single petition shall,  for
     6  the  purposes of this subdivision, be treated as one group. However, the
     7  notice to a committee of the drawing need not be  mailed  to  more  than
     8  five  members,  if  there be that many, and as to offices or party posi-
     9  tions for which designating  petitions  are  filed  with  the  board  of
    10  elections  of  the  city  of  New  York the notice shall be given to the
    11  committees only.
    12    4. If a vacancy in a designation or nomination  be  filled  after  the
    13  making,  in  the  manner provided in this section, of a determination of

    14  the order in which the names of candidates for the  office  or  position
    15  are  to be printed, the name of the candidate designated or nominated to
    16  fill such vacancy shall be printed in the place so  determined  for  the
    17  original  candidate,  provided  such  placement  is  consistent with the
    18  requirements for ballot construction set forth in this article.
    19    § 9. Section 7-118 of the election law, as amended by chapter  157  of
    20  the laws of 1996, is amended to read as follows:
    21    §  7-118.  Ballots;  facsimile and sample.   1. The board of elections
    22  shall provide facsimile and sample ballots which shall  be  arranged  in
    23  the  form  of  a  diagram  showing  such  part of the face of the voting
    24  machine or ballots as shall be in use at that election.  Such  facsimile

    25  and  sample  ballots  shall  be [either in full or reduced size] distin-
    26  guishable from the ballot by size,  color,  or  other  means  and  shall
    27  contain suitable illustrated directions for voting on the voting machine
    28  or ballot.
    29    2.  Such  facsimile  ballots shall be mounted and displayed for public
    30  inspection at each polling place during election day.
    31    3. Sample ballots may be mailed by the  board  of  elections  to  each
    32  eligible voter at least three days before the election, or in lieu ther-
    33  eof,  a copy of such sample ballot may be published at least once within
    34  one week preceding the election in newspapers  [representing  the  major
    35  political parties] or on a website maintained by the board of elections.

    36    4.  One  copy  of  such  facsimile shall be sent to each school in the
    37  county, providing the ninth through  the  twelfth  years  of  compulsory
    38  education,  and  in the city of New York to each such school in the city
    39  of New York, at least one week before each general election for  posting
    40  at  a convenient place in such school. The board of elections shall also
    41  send a facsimile ballot to any other school requesting  such  a  ballot.
    42  In  the  alternative,  the requirements of this subdivision may be fully
    43  satisfied by publishing such facsimile on a website  maintained  by  the
    44  board of elections and notifying each such school of such publication.
    45    § 10. Subdivision 1 of section 7-120 of the election law is amended to
    46  read as follows:
    47    1.  If  any  voting  machine  or  system for use in any election shall

    48  become out of order  during  an  election  it  shall,  if  possible,  be
    49  repaired  or another machine or system substituted as promptly as possi-
    50  ble.  In case such repair or  substitution  cannot  be  made,  emergency
    51  ballots, printed or written, and of any suitable form, shall be provided
    52  by the board of elections and may be used for the taking of votes.
    53    §  11.  Section 7-122 of the election law, subdivision 1 as amended by
    54  chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
    55  vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
    56  (d) of subdivision 1 and subdivisions 2, 3, 4, 5, 8, 9 and 10 as amended

        A. 7492--D                         11
 
     1  by chapter 165 of the laws of 2010, subdivision 7 as amended by  chapter

     2  9 of the laws of 1978, and subdivisions 6 and 7 as renumbered by chapter
     3  352 of the laws of 1986, is amended to read as follows:
     4    § 7-122. Ballots; absentee voters.  1. (a) Ballots for absentee voters
     5  shall  be,  as  nearly  as  practicable, in the same form as those to be
     6  voted in the district on election day, if any, except that  ballots  for
     7  primary  elections  shall omit the party position of ward, town, city or
     8  county committee and except further that such ballots need  not  have  a
     9  stub, and shall have the words "Absentee Ballot", endorsed thereon.
    10    (b)  [The  names  of  candidates  upon  the ballot shall be printed in
    11  appropriate sections, with titles of offices, section numbers,  emblems,
    12  voting  squares,  names of parties and political organizations and blank

    13  spaces for writing in names of persons not printed on the ballot. Except
    14  as to the spacing, such ballot  shall  be  printed  wherever  applicable
    15  substantially as follows:
    16    (Form in chap. 381/79)
    17    (c) The indorsement shall be printed and properly filled in:

    18  Official  Absentee  Ballot for (General, Primary or Special, as applica-
    19  ble)
    20  Election
    21  County of......................
    22  (Assembly or Legislative, as applicable) District................
    23  (Ward and City or town, as applicable)...........................
    24  (Insert date of election)
    25  (Insert names of election commissioners providing the ballot)

    26    (d)] On the front of the ballot prepared for counting by hand,  [shall
    27  be   printed  in  heavy  black  type  the  following  instructions]  the
    28  instructions for marking the ballot shall be substantially  as  follows,
    29  so that it accurately reflects the ballot layout:
    30                                INSTRUCTIONS
    31    [1. Mark in pen or pencil.
    32    2.  To vote for a candidate whose name is printed on this ballot, make
    33  a single cross X mark or a single check, V mark  in  the  voting  square
    34  above the name of the candidate.
    35    3. To vote for a person whose name is not printed on this ballot write
    36  or  stamp his or her name in the space that appears at the bottom of the

    37  column or the end of the row (indicate where on the ballot the  write-in
    38  space appears) containing the title of the office.
    39    4.  To vote on a proposal make a cross X mark or a check V mark in one
    40  of the squares contained in the box setting forth such proposal.
    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, call the board

    48  of elections at (insert phone number here) for instructions  on  how  to
    49  obtain a new ballot. Do not attempt to correct mistakes on the ballot by
    50  making erasures or cross outs. Erasures or cross outs may invalidate all
    51  or  part  of your ballot. Prior to submitting your ballot, if you make a
    52  mistake in completing the ballot or wish to change your ballot  choices,
    53  you may obtain and complete a new ballot. You have a right to a replace-
    54  ment ballot upon return of the original ballot.] Mark the (insert "oval"
    55  or  "square")  to  the  left of the name of your choice. (Provide illus-

        A. 7492--D                         12
 
     1  tration here.) To vote for a candidate whose name is not printed on  the

     2  ballot, (insert "mark the oval (or square) to the left of 'write-in' and
     3  print  the  name  clearly" or "print the name clearly in the box labeled
     4  'write-in'"),  staying  within  the  box.  Any mark, writing, or erasure
     5  outside the spaces provided for voting will void the entire  ballot.  If
     6  you  make  a  mistake  or  want  to  change your vote, call the board of
     7  elections at (insert phone number  here)  for  instructions  on  how  to
     8  obtain  a  new  ballot.  You  have  a right to a replacement ballot upon
     9  return of the original ballot. The number of choices is listed for  each
    10  contest. Do not mark the ballot for more candidates than allowed. If you
    11  do, your vote in that contest will not count.

    12    (c)   When   a  question  or  proposal  is  included  on  the  ballot,
    13  instructions substantially similar to those provided in subdivision  six
    14  of section 7-106 of this article shall be included.
    15    (d)  The  ballot  proposals  may be on the back of the ballot, or on a
    16  separate ballot.
    17    2. [The following provisions  shall  apply  to  all  absentee  ballots
    18  prepared  for counting by a ballot scanner and all other] All provisions
    19  of this chapter not inconsistent with this subdivision shall be applica-
    20  ble to [such] absentee ballots prepared for counting by ballot scanner[:
    21    (a) The party emblem need not be printed next  to  the  name  of  each
    22  candidate.

    23    (b)  The  ballot  proposals  may be on the back of the ballot, or on a
    24  separate ballot.
    25    (c) The printed instructions to the voter shall read as follows:
    26                                INSTRUCTIONS
    27    1. Mark only with a pen or pencil.
    28    2. To vote for a candidate whose name is printed on this ballot,  fill
    29  in  the (insert oval or square, as applicable) above or next to the name
    30  of the candidate.
    31    3. To vote for a person whose name is  not  printed  on  this  ballot,
    32  write  or  stamp  his  or  her name in the space labeled "write-in" that
    33  appears (insert at the bottom of the column or the end of  the  row,  as
    34  applicable)  containing  the title of the office and, if required by the

    35  voting system in use at  such  election,  the  instructions  shall  also
    36  include  "and  fill in the (insert oval or square, as applicable) corre-
    37  sponding with the write-in space in which the voter has written a name."
    38    4. To vote yes or no on a proposal, if any, that appears on the (indi-
    39  cate where on the ballot the proposal may appear) fill  in  the  (insert
    40  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, call the
    48  board of elections at (insert phone number here) for instructions on how
    49  to obtain a new ballot. Do not attempt to correct mistakes on the ballot
    50  by making erasures or cross outs. Erasures or cross outs may  invalidate
    51  all or part of your ballot. Prior to submitting your ballot, if you make
    52  a  mistake in completing the ballot or wish to change your ballot choic-
    53  es, you may obtain and complete a new ballot. You  have  a  right  to  a
    54  replacement ballot upon return of the original ballot.
    55    (d)  Such  instructions  may  be  printed  on the front or back of the
    56  ballot or on a separate sheet or card.  If  such  instructions  are  not

        A. 7492--D                         13

     1  printed  on  the  front  of  the  ballot,  there shall be printed on the
     2  ballot, in the largest size type for which there is room, the  following
     3  legend: "See instructions on other side" or "See enclosed instructions",
     4  whichever is appropriate.
     5    (e)  Such  ballots  which  are  to  be counted by a ballot scanner may
     6  consist of two  or  more  sheets,  which  are  divided  into  perforated
     7  sections which can be separated at the time of canvassing].
     8    3.  The  determination of the appropriate county board of elections as
     9  to the candidates duly designated or  nominated  for  public  office  or
    10  party  position whose name shall appear on the absentee ballot and as to

    11  ballot proposals to be voted on shall be made  no  later  than  the  day
    12  after  the  state  board  of elections issues its certification of those
    13  candidates to be voted for at the general, special or primary  election.
    14  The  determinations  of  the state board of elections and the respective
    15  county boards of elections shall be final and conclusive with respect to
    16  such offices for which petitions or  certificates  are  required  to  be
    17  filed  with such boards, as the case may be but nothing herein contained
    18  shall prevent a board of elections, or a court of competent jurisdiction
    19  from determining at a later date that  any  such  certification,  desig-
    20  nation or nomination is invalid and, in the event of such later determi-
    21  nation,  no vote cast for any such nominee by any voter shall be counted
    22  at the election.

    23    [5.] 4. There shall be three envelopes for each absentee ballot issued
    24  by mail: the inner affirmation envelope into which a voter places his or
    25  her voted ballot, the outer envelope which shall  be  addressed  to  the
    26  absentee voter, and the mailing envelope which is addressed to the coun-
    27  ty  board  of  elections. The board of elections shall furnish with each
    28  absentee ballot an inner affirmation envelope. On one side of the envel-
    29  ope shall be printed:
 
    30                          OFFICIAL ABSENTEE BALLOT
    31                                     for
    32                  GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
 
    33   ........., 20.....
    34  Name of voter.........................................
    35  Residence (street and number if any)..................
    36  City/or town of.......(village, if any)...............

    37  County of.............................................
    38  Assembly district ....................................
    39  Legislative District (as applicable) .................
    40  Ward (as applicable) .................................
    41  Election District.....................................
    42  Party Enrollment (in case of primary election)........
 
    43    [6] 5. The date of the election, name of the county,  and  name  of  a
    44  city,  if  there be a separate ballot for city voters, shall be printed,
    45  and the name of the voter, residence, number of the  assembly  district,
    46  if  any,  name  of  town,  number of ward, if any, election district and
    47  party enrollment, if required, shall be either  printed  or  written  or
    48  stamped in by the board.
    49    [7.]  6.  There shall also be a place for two board of elections staff

    50  members or inspectors of opposite  political  parties  to  indicate,  by
    51  placing  their  initials  thereon, that they have checked and marked the
    52  voter's poll record.

        A. 7492--D                         14
 
     1    [8.] 7. On the reverse side of such inner affirmation  envelope  shall
     2  be printed the following statement:
     3                                  AFFIRMATION
     4    I  do declare that I am a citizen of the United States, that I am duly
     5  registered in the election district shown on the reverse  side  of  this
     6  envelope  and  I  am  qualified to vote in such district; that I will be
     7  unable to appear personally on the day of the election  for  which  this
     8  ballot is voted at the polling place of the election district in which I
     9  am a qualified voter because of the reason given on my application here-

    10  tofore  submitted;  that  I  have  not qualified nor do I intend to vote
    11  elsewhere, that I have not committed any act nor am I under  any  imped-
    12  iment which denies me the right to vote.
    13    I hereby declare that the foregoing is a true statement to the best of
    14  my  knowledge  and  belief, and I understand that if I make any material
    15  false statement in the foregoing statement of absentee voter, I shall be
    16  guilty of a misdemeanor.
 
    17  Date.................20.....       .....................................
    18                                     Signature or mark of voter
 
    19                                     .....................................
    20                                     Signature of Witness (required only
    21                                     if voter does not sign his or her own
    22                                     name)
 

    23                                     .....................................
    24                                     Address of Witness
 
    25    [9.] 8. The inner affirmation envelope  shall  be  gummed,  ready  for
    26  sealing, and shall have printed thereon, on the side opposite the state-
    27  ment,  instructions  as  to the duties of the voter after the marking of
    28  the ballot, which instructions shall include a specific direction  stat-
    29  ing  when such ballot must be postmarked and when such ballot must reach
    30  the office of the board of elections in order to be canvassed.
    31    [10.] 9. Each inner affirmation ballot envelope shall be  enclosed  in
    32  an  outer  envelope  addressed to the appropriate board of elections and
    33  bearing on it a specific direction that if an original  application  for

    34  an absentee ballot is received with the ballot, such application must be
    35  completed  by the voter and returned in the outer envelope together with
    36  the sealed inner affirmation envelope  containing  the  absentee  ballot
    37  within  the  time limits for receipt of the absentee ballot itself. Such
    38  inner affirmation envelope and outer envelope shall be enclosed  in  [a]
    39  the  third envelope addressed to the absentee voter. The outer and third
    40  envelopes shall have printed on the face  thereof  the  words  "Election
    41  Material--Please Expedite".
    42    §  12.  The opening paragraph of subdivision 3 of section 7-123 of the
    43  election law, as amended by chapter 104 of the laws of 2010, is  amended
    44  to read as follows:
    45    There  shall  be  three  envelopes  for  each military absentee ballot

    46  issued when the military voter's preferred method of transmission is "by
    47  mail": the inner affirmation envelope into which a voter places  his  or
    48  her  voted  ballot,  the  outer envelope which shall be addressed to the
    49  absentee voter, and the mailing envelope which is addressed to the coun-
    50  ty board of elections. The board of elections  shall  furnish  an  inner
    51  affirmation envelope with each military ballot upon which envelope shall
    52  be printed:

        A. 7492--D                         15
 
     1    §  13.  The opening and closing paragraphs of subdivision 2 of section
     2  7-124 of the election law, as amended by chapter  104  of  the  laws  of
     3  2010, are amended to read as follows:
     4    There  shall  be  three  envelopes  for  each special federal absentee

     5  ballot issued by mail: the inner affirmation envelope into which a voter
     6  places his or her voted  ballot,  the  outer  envelope  which  shall  be
     7  addressed  to  the  absentee  voter,  and  the mailing envelope which is
     8  addressed to the county board of elections. The board of elections shall
     9  furnish an inner affirmation envelope with each special  federal  ballot
    10  upon which envelope shall be printed:
    11    I understand that a material misstatement of fact in the completion of
    12  this document may constitute grounds for conviction of a crime.
 
    13  Date.................20.....       .....................................
    14                                     Signature or mark of voter
 
    15                                     .....................................
    16                                     Signature of Witness (required only

    17                                     if voter does not sign his or her own
    18                                     name)
 
    19                                     .....................................
    20                                     Address of Witness
 
    21    §  14.  Subdivisions  2  and  3  of section 7-125 of the election law,
    22  subdivision 3 as amended by chapter 235 of the laws of 2000, are amended
    23  to read as follows:
    24    2. There shall be three envelopes for each special presidential absen-
    25  tee ballot issued by mail:  the inner affirmation envelope into which  a
    26  voter  places his or her voted ballot, the outer envelope which shall be
    27  addressed to the absentee voter,  and  the  mailing  envelope  which  is
    28  addressed to the county board of elections. The board of elections shall

    29  furnish  with  each special presidential ballot an envelope. On one side
    30  of the envelope shall be printed:
 
    31                OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS,
    32                            FOR GENERAL ELECTION,
    33                        NOVEMBER......., [19] 20....
 
    34  Name of voter ..........................................................
    35  Residence from which vote is being cast:
    36  Street and number ......................................................
    37  City or town ...........................................................
    38  County .................................................................
    39  Assembly District or Ward ..............................................
    40  Election District ......................................................
 
    41    The date of the election and name of the county shall be printed,  and

    42  the  name  of  the voter, residence, name of the city or town, number of
    43  ward or assembly district, if any, and election district shall be print-
    44  ed, written or stamped in by the board.
    45    3.  On the reverse side of such envelope shall be printed the  follow-
    46  ing statement:
 
    47                   STATEMENT OF SPECIAL PRESIDENTIAL VOTER

        A. 7492--D                         16
 
     1    I  do  declare  I  am  a  qualified special presidential voter of said
     2  district; that I am not qualified and am not able  to  qualify  to  vote
     3  elsewhere than as set forth on the reverse side of this envelope; that I
     4  am  a citizen of the United States; that on the date of the election for
     5  which  this  ballot  is voted, I will be at least eighteen years of age;
     6  and that I have not committed any act, nor am I  under  any  impediment,
     7  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,  I  shall  be  guilty  of  a
    11  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    § 15. Section 7-126 of the election law is REPEALED.

    21    § 16. Section 7-128 of the election law is amended to read as follows:
    22    § 7-128. Ballots; inspection of. 1. Each officer or board charged with
    23  the duty of providing official ballots for an election shall have sample
    24  ballots  open  to  public inspection [five] twenty-eight days before the
    25  election for which they were prepared and the official ballots  open  to
    26  such  inspection  [four] fourteen days before such election [except that
    27  the sample and official ballots for a village election held at a differ-
    28  ent time from a general election shall be open to public  inspection  at
    29  least  two days before such election]. During the times within which the
    30  ballots are open for inspection, such officer or board shall deliver  to

    31  each  voter  applying therefor a sample of the ballot which he or she is
    32  entitled to vote.
    33    2. a. Each officer or board charged with the duty of preparing ballots
    34  to be used [on voting machines]  in  any  election  shall  give  written
    35  notice,  by  first  class mail, to all candidates, except candidates for
    36  member of the county committee, who are lawfully entitled to have  their
    37  names  appear  thereon,  of the time when, and the place where, they may
    38  inspect the [voting machines] ballots to be used for such election.  The
    39  candidates  or  their  designated representatives may appear at the time
    40  and place specified in such notice to inspect such  [machines]  ballots,
    41  provided,  however,  that  the time so specified shall be [not less than

    42  two] no later than fourteen days [prior  to  the  date  of]  before  the
    43  election at which the ballots will be used.
    44    b.  A  candidate,  whose  name  appears on the ballot [for an election
    45  district] or his or her designated representative, may, in the  presence
    46  of  the  election officer attending the [voting machine] ballot, inspect
    47  the [face of the machine] ballot to see that his or her  ballot  [label]
    48  position  is  in its proper place[, but at no time during the inspection
    49  shall the booth be closed] or places.
    50    3.  Each officer or board charged with the duty of  preparing  ballots

    51  to  be  used  with voting machines or systems in any election shall give
    52  written notice, by first class mail, to all  candidates,  except  candi-

        A. 7492--D                         17
 
     1  dates  for  member of the county committee, who are lawfully entitled to
     2  have their names appear thereon, of the time when, and the place  where,
     3  they  may  inspect  the  voting  machines or systems to be used for such
     4  election.  The candidates or their designated representatives may appear
     5  at the time and place specified in such notice to view  the  conduct  of
     6  the  logic  and accuracy testing required to be performed on such voting
     7  machines or systems, provided however, that the time so specified  shall

     8  be not less than fifteen days prior to the date of the election.
     9    § 17. Section 7-130 of the election law is amended to read as follows:
    10    §  7-130.  Ballots;  examination  by  voters and instruction in use of
    11  voting machines. One or more voting machines  which  shall  contain  the
    12  ballot  labels,  showing the [party emblems and] title of officers to be
    13  voted for, and which shall so far as practicable contain  the  names  of
    14  the  candidates to be voted for, shall be placed on public exhibition in
    15  some suitable place by the board of elections, in  charge  of  competent
    16  instructors, for at least three days during the thirty days next preced-
    17  ing an election. No voting machine which is to be assigned for use in an
    18  election  shall  be used for such purpose after having been prepared and

    19  sealed for the election. During such  public  exhibition,  the  counting
    20  mechanism  of the machine shall be concealed from view and the doors may
    21  be temporarily opened only when authorized  by  the  board  or  official
    22  having charge and control of the election. Any voter shall be allowed to
    23  examine such machine, and upon request shall be instructed in its use.
    24    §  18.  This act shall take effect immediately and shall only apply to
    25  ballots to be used for elections occurring after January 1, 2013.
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