New York State Assembly

 
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A09607 Summary:

A09607 Actions:

A09607 Committee Votes:

Committee:ELECTION LAW   Chair:Lavine      
DATE:02/05/2018AYE/NAY:14/0  Action: Favorable         
Lavine
Aye
Norris
Aye
Galef
Aye
Brabenec
Aye
Dinowitz
Aye
Barclay
Aye
Lentol
Excused
Malliotakis
Aye
Lifton
Aye
Abinanti
Aye
Buchwald
Aye
Blake
Aye
Walker
Aye
Carroll
Excused
Vanel
Aye
Taylor
Aye

A09607 Floor Votes:

A09607 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9607
 
                   IN ASSEMBLY
 
                                    January 26, 2018
                                       ___________
 
        Introduced  by M. of A. LAVINE, L. ROSENTHAL, LUPARDO, BUCHWALD, JAFFEE,
          ABINANTI, SIMON, SEPULVEDA, DINOWITZ, BLAKE,  FAHY,  ROZIC,  BRINDISI,
          CUSICK, PAULIN, LIFTON -- Multi-Sponsored by -- M. of A. GLICK, MAGEE,
          RODRIGUEZ,  THIELE  --  read  once  and  referred  to the Committee on
          Election Law
 
        AN ACT to amend the election law, in  relation  to  enacting  the  voter
          friendly  ballot act; and to repeal section 7-108 of such law relating
          to the form of ballots
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "voter friendly ballot act".
     3    § 2. Paragraph a of subdivision 3 of section  7-102  of  the  election
     4  law,  as added by chapter 371 of the laws of 1990, is amended to read as
     5  follows:
     6    a. In the event that a candidate in a primary election  believes  that
     7  the  name  of  another candidate for the same office or position at such
     8  election is sufficiently similar to his or hers so as to cause confusion
     9  among the voters, such candidate may, not later than five days after the
    10  last day to file the certificates or petitions of designation, file with
    11  the board of elections with which  such  certificates  or  petitions  of
    12  designation  are  filed, a request that such board determine that such a
    13  sufficient similarity exists.
    14    § 3.  Section 7-104 of the election law, as amended by chapter 165  of
    15  the laws of 2010, is amended to read as follows:
    16    §  7-104.  Ballots; form of[, voting machine]. 1. All ballots shall be
    17  printed and/or displayed in a format and arrangement,  of  such  uniform
    18  size  and style as will fit the ballot [frame], and shall be in as plain
    19  and clear a type or display as the space will reasonably  permit,  using
    20  only  sans  serif  print fonts. Such type or display on the ballot shall
    21  satisfy all requirements and standards set forth pursuant to the federal
    22  Help America Vote Act.
    23    2. The names of parties or independent bodies which contain more  than
    24  fifteen letters may, whenever limitations of space so require, be print-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01269-07-7
        A. 9607                             2
 
     1  ed on the ballot in an abbreviated form. In printing the names of candi-
     2  dates  whose  full  names  contain  more  than fifteen letters, only the
     3  surname must be printed in full. The officer or board charged  with  the
     4  duty  of  [preparing  the  ballots]  certifying  the candidates for such
     5  office shall request each such candidate to indicate,  in  writing,  the
     6  shortened  form  in  which, subject to this restriction, his or her name
     7  shall be printed. If no such indication is received from such  candidate
     8  within  the  time  specified in the request, such officer or board shall
     9  make the necessary determination.
    10    3. (a) The party name or other designation[, and a designating  letter
    11  and  number] shall be affixed to the name of each candidate, or, in case
    12  of presidential electors, to the names of the candidates  for  president
    13  and vice-president of such party.
    14    (b) A column/row designating number may be affixed to the name of each
    15  candidate,  or in the case of presidential electors, to the names of the
    16  candidates for president and vice-president of such party.
    17    (c) The titles of offices may be arranged horizontally, with the names
    18  of candidates for an office and the space, slot or device  for  write-in
    19  [ballots]  votes  for such office arranged vertically under the title of
    20  the office, or the titles of offices may be  arranged  vertically,  with
    21  the  names of candidates for an office and the space, slot or device for
    22  write-in [ballots] votes for such office arranged horizontally  opposite
    23  the title of the office.
    24    [(c)]  (d)  Each  office  shall  occupy as many columns or rows on the
    25  [machine] ballot as the number of  candidates  to  be  elected  to  that
    26  office,  except  where  candidate  placements  due to cross endorsements
    27  require additional columns or rows.
    28    4. (a) The names of all candidates nominated by any party or independ-
    29  ent body for an office shall always appear in the row or column contain-
    30  ing generally the names of candidates nominated by such party  or  inde-
    31  pendent body for other offices except as hereinafter provided.
    32    (b) When the same person has been nominated for an office to be filled
    33  at  the  election by more than one party, the voting machine shall be so
    34  adjusted that his or her  name  shall  appear  in  each  row  or  column
    35  containing generally the names of candidates for other offices nominated
    36  by any such party.
    37    (c) If such candidate has also been nominated by one or more independ-
    38  ent  bodies,  his  or  her  name shall appear only in each row or column
    39  containing generally the names of candidates for other offices nominated
    40  by any such party and the name  of  each  such  independent  body  shall
    41  appear  in one such row or column to be designated by the candidate in a
    42  writing filed with the  officer  or  board  charged  with  the  duty  of
    43  [providing  ballots]  certifying  the  candidates for such office, or if
    44  such person shall fail to so designate, the names  of  such  independent
    45  bodies shall appear in such row or column as such officer or board shall
    46  determine.
    47    (d)  If  any person shall be nominated for any office by one party and
    48  two or more independent bodies his or  her  name  shall  appear  on  the
    49  [voting  machine]  ballot  twice;  once  in the row or column containing
    50  generally the names of candidates for other offices  nominated  by  such
    51  party,  and  once in the row or column containing generally the names of
    52  candidates nominated by the independent body designated by  such  person
    53  in  a  writing  filed with the officer or board charged with the duty of
    54  [providing ballots] certifying the candidates for  such  office  and  in
    55  connection  with  the  name  of  such person in such row or column shall
    56  appear the name of each independent body nominating him or  her  or,  if
        A. 9607                             3
 
     1  such  person  shall fail to so designate, the name of such candidate and
     2  the names of such independent bodies shall appear in such row or  column
     3  as such officer or board shall determine.
     4    (e)  If  any  person is nominated for any office only by more than one
     5  independent bodies, his or her name  shall  appear  but  once  upon  the
     6  machine in one such row or column to be designated by the candidate in a
     7  writing filed with the officer or board charged with the duty of provid-
     8  ing  ballots,  or  if  the  candidate shall fail to so designate, in the
     9  place designated by the officer  or  board  charged  with  the  duty  of
    10  [providing  ballots]  certifying  the candidates for such office, and in
    11  connection with his or her name there shall  appear  the  name  of  each
    12  independent  body  nominating him or her, but, where the capacity of the
    13  [machine] ballot will permit, the name of such person shall  not  appear
    14  or  be  placed  in  a  column  or on a horizontal line with the names of
    15  persons nominated by a party for other offices.
    16    5. Notwithstanding the provisions of subdivision four of this section,
    17  the name of a person who is nominated for the  office  of  governor,  or
    18  state senator, or member of assembly, shall appear on the ballot as many
    19  times  as there are parties or independent bodies nominating him or her,
    20  and there shall be a separate voting [and registering  device]  position
    21  at each place in which such name shall appear.
    22    6.  If  any  type  of  machine used in any county or city contains any
    23  feature approved by the state board of elections, the use  of  which  is
    24  neither  required  nor prohibited by the provisions of this chapter, the
    25  board of elections may, by resolution, require that one or more of  such
    26  features  shall be used in such county.  Thereafter all machines of such
    27  type used in such county or city shall be operated  in  conformity  with
    28  any  such resolution. Any such resolution may thereafter be rescinded by
    29  such board and after being so rescinded may be  re-adopted.  Once  re-a-
    30  dopted by any board of elections, such a resolution may not be rescinded
    31  again by such board.
    32    7.  The  ballot shall have printed upon it in black ink for each party
    33  or independent row, at the head of the column or the  beginning  of  the
    34  row containing the names of candidates, [the image of a closed fist with
    35  index  finger  extended pointing to the party or independent row. In the
    36  same space, in black letters as large as the space will permit, shall be
    37  printed] the name of the party or independent body [and at the right  of
    38  the  fist  and  below the index finger shall be printed in black ink the
    39  emblem] and the designating [letters] letter of the row or column.
    40    8. With respect to candidates for the offices of governor and lieuten-
    41  ant governor of a party or independent body, ballots shall be printed so
    42  that the names of such candidates for both offices shall appear  in  the
    43  same  row or column, with the name of the candidate for governor appear-
    44  ing first and the ballot shall be so  adjusted  that  both  offices  are
    45  voted  for  jointly  and  have but one designating [letter or] number if
    46  such column/row designating numbers are utilized.
    47    9. In those counties in which ballots are required by federal law,  or
    48  otherwise,  to be provided in a language other than English, there shall
    49  be versions of the ballot printed in English and in each  of  the  addi-
    50  tional  languages  required  so  that  each  version of the ballot shall
    51  contain English and no more than two other languages. The  county  board
    52  of  elections  in  such  counties  shall  instruct, in their poll worker
    53  training and materials, the procedures to be  followed  to  ensure  that
    54  each voter receives a ballot with the appropriate language as determined
    55  by the state board.
        A. 9607                             4
 
     1    10. Each ballot shall contain instructions for marking the ballot. The
     2  instructions shall be printed in line lengths no wider than five inches.
     3  Ballot instructions may be printed on the front or back of the ballot or
     4  on a separate sheet or card. If such instructions are not printed on the
     5  front  of the ballot, there shall be printed on the ballot, in the larg-
     6  est size type practicable, the following legend:  "See  instructions  on
     7  the  other  side"  or  "See  instructions (insert where instructions are
     8  found)", whichever is appropriate.
     9    11. The offices appearing on  all  ballots  shall  be  listed  in  the
    10  customary order.
    11    12.  If  two  or more candidates are nominated for the same office for
    12  different terms, the term for which each is nominated shall  be  printed
    13  as a part of the title of the office.
    14    13.  The  text  for  ballot  instructions  shall  be  substantially as
    15  follows, so that it accurately reflects the ballot layout:
 
    16                                INSTRUCTIONS
 
    17  Mark the (insert "oval" or "square") to the left of  the  name  of  your
    18  choice. (Provide illustration of correctly-marked voting position here.)
    19  To vote for a candidate whose name is not printed on the ballot, (insert
    20  "mark  the oval (or square) to the left of 'write-in' and print the name
    21  clearly" or "print the name clearly in  the  box  labeled  'write-in'"),
    22  staying  within the box. Any mark or writing outside the spaces provided
    23  for voting may void the entire ballot. The number of choices  is  listed
    24  for  each  contest.  Do  not  mark  the  ballot for more candidates than
    25  allowed. If you do, your vote in that contest will  not  count.  If  you
    26  make a mistake, or want to change your vote, ask a poll worker for a new
    27  ballot.
    28    14.  The  state  board  of elections shall provide line drawing illus-
    29  trations to supplement these instructions. At a minimum, an illustration
    30  of the correct way to mark the ballot shall be provided, but nothing  in
    31  this  section  shall  be construed to limit the board in providing addi-
    32  tional illustrations.
    33    15.  When  a  question  or  proposal  is  included  on   the   ballot,
    34  instructions substantially like the following shall be included:
 
    35             Instructions for Voting on Questions and Proposals
 
    36  To  vote on a question or proposal, mark the (insert "oval" or "square")
    37  to the (insert "left", "above" or "below") of your choice. If you make a
    38  mistake, or want to change your vote,  ask  a  poll  worker  for  a  new
    39  ballot.
    40    16.  When  a  question  or proposal appears on the back of the ballot,
    41  there shall appear on the front of the ballot words or a symbol indicat-
    42  ing that the voter should turn over the ballot.
    43    17. The voting oval or square shall be to the left of the name of  the
    44  candidate.
    45    18.  All  text,  including  the  name of each candidate as provided in
    46  subdivision three of this  section,  shall  be  printed  using  standard
    47  capitalization  in  accordance  with  instructions provided by the state
    48  board of elections and shall not be printed using all capital letters.
    49    19. The ballot shall use one font or font  family  with  enough  vari-
    50  ations for all text needs.
    51    20.  "Vote  for one" or "Vote for up to ......" (the blank space to be
    52  filled with the number of persons to be  nominated  for  the  office  or
        A. 9607                             5

     1  elected  to  the  position), as applicable, shall be printed immediately
     2  below each office title appearing on the ballot.
     3    21. No party emblems shall be printed on the ballot.
     4    22.  The  names  of candidates for the same office shall appear on the
     5  same page and in the same column(s) or row(s) of that page of a  printed
     6  ballot, and may not be separated by a perforation.
     7    23.  All text, including the title of each office and the name of each
     8  candidate, shall be printed flush left and shall not be centered on  the
     9  ballot  or in any column or row appearing on the ballot; provided howev-
    10  er, in a multi-column or multi-row contest,  the  title  and  number  of
    11  allowable selections to be made for each such office may be centered.
    12    24.  If  used,  shading shall be used consistently, so as to differen-
    13  tiate instructions from ballot section dividers and contest information.
    14    25. Above, below, or to the right of the name of each candidate, shall
    15  be printed, in less prominent type face than that in  which  the  candi-
    16  date's  name  is printed, the name of the political party or independent
    17  body by which the candidate was nominated or designated.
    18    26. All paper ballots of the same kind  for  the  same  polling  place
    19  shall be identical.
    20    27.  To  the extent practicable, the ballot shall also comply with the
    21  following specifications:
    22    (a) The instructions in subdivision  ten  of  this  section  shall  be
    23  printed in the upper left hand corner of the front of the ballot;
    24    (b)  The  name of each candidate shall be printed using a font size of
    25  not less than nine points;
    26    (c) When the instructions are contained on the ballot, there shall  be
    27  a clear delineation between the ballot instructions and the first office
    28  or  ballot  question  or proposal through the use of white space, illus-
    29  tration, shading, color, font size, or bold type.
    30    § 4. Section 7-106 of the election law, the section heading and subdi-
    31  visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
    32  as renumbered by chapter 165 of the laws of 2010, is amended to read  as
    33  follows:
    34    §  7-106.  [Election day paper ballots; form of] Ballots; form of, for
    35  ballot scanners, general,  primary,  or  special  elections;  additional
    36  requirements.  1.    In  addition to ballot requirements provided for in
    37  section 7-104 of this article, all ballots to be used  with  all  ballot
    38  scanners shall comply with the following provisions.
    39    2.  Paper  ballots  which  are  to  be counted by a ballot scanner may
    40  consist of two or more sheets which are divided into perforated sections
    41  which can be separated at the time the ballot is scanned.  Such  ballots
    42  shall  be  printed  on  paper  of  a  quality,  size,  color, and weight
    43  [approved by the state board  of  elections]  specified  in  the  voting
    44  system's  technical  requirements  documentation  and  shall  be clearly
    45  distinguishable from sample ballots by size, color or other means.
    46    [2.] 3. All paper ballots of the same kind for the same polling  place
    47  shall  be  identical.  [A  different, but in each case uniform style and
    48  size of type, shall be used for printing the names  of  candidates,  the
    49  titles  of  offices, political designations, and the reading form of all
    50  questions submitted. The names of candidates shall be printed in capital
    51  letters in black-faced type.]
    52    [3.] 4. Each election day ballot shall be printed on the sheet with  a
    53  stub  which  shall  be  separated  therefrom  by  a line of perforations
    54  extending across the entire ballot. On the face of  the  stub  shall  be
    55  printed  "No........"  the blank to be filled with consecutive number of
        A. 9607                             6
 
     1  ballots beginning with "No. 1",  and  increasing  in  regular  numerical
     2  order.
     3    [4.] 5. On such ballot shall be printed the following indorsement, the
     4  blanks properly filled in:
 
     5  Official  Ballot for (General, Primary or Special, as applica-
     6  ble)
     7  Election
     8  County of ........................
     9  (Assembly   or   Legislative,    as    applicable)    District
    10  .....................
    11  (Ward   and  City  or  town  ..................,  as  applica-
    12  ble)............
    13  Election District ...........................
 
    14  (Insert date of election.)
    15  (Insert names of election commissioners providing the ballot.)
 
    16    [5. The following ballot instructions shall be printed in heavy  black
    17  type:
    18                                INSTRUCTIONS
    19    (1)  Mark  only  with  a  writing  instrument provided by the board of
    20  elections.
    21    (2) To vote for a candidate whose name is printed on this ballot  fill
    22  in  the (insert oval or square, as applicable) above or next to the name
    23  of the candidate.
    24    (3) To vote for a person whose name is  not  printed  on  this  ballot
    25  write  or  stamp  his  or  her name in the space labeled "write-in" that
    26  appears (insert at the bottom of the column, the end of the  row  or  at
    27  the  bottom of the candidate names, as applicable) for such office (and,
    28  if  required  by  the  voting  system  in  use  at  such  election,  the
    29  instructions shall also include "and fill in the (insert oval or square,
    30  as  applicable)  corresponding with the write-in space in which you have
    31  written in a name").
    32    (4) To vote yes or no on a proposal,  if  any,  that  appears  on  the
    33  (indicate  where  on  the  ballot  the  proposal may appear) fill in the
    34  (insert oval or square, as applicable) that corresponds to your vote.
    35    (5) Any other mark or writing, or any  erasure  made  on  this  ballot
    36  outside the voting squares or blank spaces provided for voting will void
    37  this entire ballot.
    38    (6) Do not overvote. If you select a greater number of candidates than
    39  there  are  vacancies  to  be  filled, your ballot will be void for that
    40  public office, party position or proposal.
    41    (7) If you tear, or deface, or wrongly mark this ballot, return it and
    42  obtain another. Do not attempt to correct  mistakes  on  the  ballot  by
    43  making erasures or cross outs. Erasures or cross outs may invalidate all
    44  or  part  of your ballot. Prior to submitting your ballot, if you make a
    45  mistake in completing the ballot or wish to change your ballot  choices,
    46  you may obtain and complete a new ballot. You have a right to a replace-
    47  ment ballot upon return of the original ballot.
    48    (8)  After  completing  your ballot, insert it into the ballot scanner
    49  and wait for the notice that your ballot has been successfully  scanned.
    50  If no such notice appears, seek the assistance of an election inspector.
    51    6. The instructions in subdivision five of this section may be printed
    52  on  the  front  or back of the ballot or on a separate sheet or card. If
    53  such instructions are not printed on the  front  of  the  ballot,  there
        A. 9607                             7

     1  shall be printed on the ballot, in the largest size type for which there
     2  is  room,  the following legend: "See instructions on the other side" or
     3  "See enclosed instructions", whichever is appropriate.
     4    7.  Each  such ballot shall be printed in sections in which the candi-
     5  dates' names and political designations, the ballot proposals and  other
     6  requisite  matter  shall  each  be boxed in by heavy black perpendicular
     7  lines of equal width. In each such section  shall  be  voting  ovals  or
     8  squares  which voters may fill in. If applicable, ovals or squares shall
     9  be provided next to the blank spaces provided for a voter to write in  a
    10  name.
    11    8.  The  space for the title of an office shall be three-eighths of an
    12  inch, and the name of a candidate or for writing in a  name,  one-fourth
    13  of  an inch, in depth. At the left of the name of each designated candi-
    14  date shall be an enclosed voting space,  three-eighths  of  an  inch  in
    15  width  and  approximately one-fourth of an inch in depth, bounded above,
    16  below and to the right by black lines, heavier than those which separate
    17  the spaces containing the names of candidates. To  the  left  of  voting
    18  spaces  which  do  not  adjoin a vertical line dividing two parts, there
    19  shall be a heavy black vertical line approximately one-eighth of an inch
    20  in width. No voting space shall be provided in the space for writing  in
    21  names.  In such case, the space corresponding to a voting space shall be
    22  all black.
    23    9. Below the names of the candidates for each office or position there
    24  shall  be  printed as many blank spaces, for writing in names of persons
    25  for whom the voter desires to vote, as there are persons to be nominated
    26  or elected.
    27    10. In case the sections shall be so numerous as to  make  the  ballot
    28  unwieldy  if  they  are printed in one column, they may be printed in as
    29  many columns as shall be necessary,  and  in  that  case,  in  order  to
    30  produce a rectangular ballot, blank sections may be used.
    31    11.    The  names  of parties or independent bodies which contain more
    32  than fifteen letters may, whenever limitations of space so  require,  be
    33  printed  on  the ballot in an abbreviated form. In printing the names of
    34  candidates whose full names contain more than fifteen letters, only  the
    35  surname  must be printed in full.  The officer or board charged with the
    36  duty of preparing the ballots shall request each such candidate to indi-
    37  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
    38  restriction,  his  name  shall  be  printed.  If  no  such indication is
    39  received from such candidate within the time specified in  the  request,
    40  such  officer or board shall make the necessary determination. No emblem
    41  shall occupy a space longer in any direction than the voting  square  to
    42  which it relates.]
    43    § 5.  Section 7-108 of the election law is REPEALED.
    44    §  6.  Section 7-110 of the election law, as amended by chapter 647 of
    45  the laws of 1982, is amended to read as follows:
    46    § 7-110. Ballots; form for ballot proposals; additional  requirements.
    47  Ballot  proposals  shall  appear  on the [voting machine or] ballot in a
    48  separate section or on a separate sheet or card.   At the  left  of,  or
    49  below  or  above,  each proposal shall appear [two voting levers or] two
    50  voting [squares, each at least one-half inch square] positions. Next  to
    51  the  first  [lever  or square] voting position shall be printed the word
    52  "Yes," and next to the second [lever or square] voting position shall be
    53  printed the word "No." The proposals shall be numbered consecutively  on
    54  the [voting machine or] ballot. The number of each proposal shall appear
    55  in  front of its designation as an amendment, proposition or question in
        A. 9607                             8
 
     1  the following form:  "Proposal one, an amendment; proposal two, a propo-
     2  sition; proposal three, a question".
     3    §  7.  Section 7-114 of the election law, as amended by chapter 234 of
     4  the laws of 1976, paragraph (c) of subdivision 1 as amended  by  chapter
     5  433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
     6  chapter 461 of the laws of 1977, is amended to read as follows:
     7    §  7-114. Ballots; form for primary election; additional requirements.
     8  1. (a) [The] On the face of the official ballot for a  primary  election
     9  [shall be divided into parts.  Descriptive words to indicate the purpose
    10  of each part shall be printed at its head. Beginning at the left or top,
    11  the first part shall be entitled, and shall be for "Candidates] contests
    12  and candidates for nomination for public office[". The second part shall
    13  be  entitled, and shall be for "Candidates] shall appear first, followed
    14  by contests and candidates for party  positions.["]  When  necessary,  a
    15  part  may  be divided into two or more columns or rows, but the names of
    16  all persons designated for the same office or party position shall be in
    17  the same column or row.
    18    (b) [In each part shall be printed the titles of the offices or  party
    19  positions,  as  the  case  may be, for which the part is to be used, and
    20  under each such title shall be  printed  the  names  of  the  designated
    21  candidates for the office or position.
    22    (c)]  Where  a  candidate for nomination for the same public office or
    23  for election to the same party position is designated  by  two  or  more
    24  petitions,  his  or  her  name  shall  be placed upon the ballot for the
    25  primary election but once as such a candidate.
    26    [(d)] (c) The ballot shall not contain a space for voting  for  candi-
    27  dates  for  uncontested  offices  and  positions, and no ballot shall be
    28  printed for a party [whose primary is uncontested] for which there is no
    29  contested office or position unless a petition for opportunity to ballot
    30  has been filed.
    31    2. (a) [The paper ballot for a primary election shall conform  to  the
    32  form for paper ballots set forth in this article with respect to quality
    33  and weight of paper, perforated line, and number on the stub on the back
    34  of the ballot.
    35    (b)  On  the  back of the paper ballot, on the stub, immediately below
    36  the number, shall be the name of the party. On the back  of  the  ballot
    37  and  below  the  stub,  and immediately to the left of the center of the
    38  ballot, and on the front of the ballot, below the perforated line, shall
    39  be printed, in addition to the  other  information  required  for  paper
    40  ballots, the name and emblem of the party and the words "Official prima-
    41  ry ballot."
    42    (c)  On the front of the stub, above the perforated line at the top of
    43  the paper ballot shall be printed the same instructions as on the gener-
    44  al election ballot.
    45    (d) The parts of the paper ballot below such  heavy  black  horizontal
    46  line  shall  be  separated by a heavy black vertical line or lines, one-
    47  fourth of an inch in width. Descriptive words to indicate the purpose of
    48  each part shall be printed at its head, below the heavy black horizontal
    49  line. Immediately below such captions shall be printed two light  paral-
    50  lel  horizontal  lines  approximately  one-sixteenth  of  an inch apart,
    51  extending across each part.
    52    (e) The names of candidates on paper ballots shall  be  numbered  with
    53  arabic numerals printed in heavy faced type beginning with "one" for the
    54  first  candidate  named  in  the  first part and continuing in numerical
    55  order to and including the last candidate named in the last part, except
        A. 9607                             9

     1  that where] on the official primary election ballot, the ballot endorse-
     2  ment shall include the name of the party for which such ballot is valid.
     3    (b)  where  two  or more candidates are to be elected to a party posi-
     4  tion, the names of candidates  designated  by  each  petition  shall  be
     5  grouped together, and [each group shall have but one number, which shall
     6  be printed opposite the approximate center of the group] may be referred
     7  to collectively on the ballot as a group.
     8    [(f)  The  number  of a candidate shall be printed on the paper ballot
     9  between the voting space and the name of the candidate. Each group shall
    10  have a bracket embracing the names in the group.
    11    (g) Spaces containing names of candidates and for  writing  in  names,
    12  and  intervening spaces on the paper ballot, shall be separated by light
    13  horizontal lines. Names  of  candidates  shall  be  printed  in  capital
    14  letters  not  less  than one-eighth nor more than three-sixteenths of an
    15  inch in height.
    16    (h)] (c) The paper ballots of no two parties shall  be  identified  by
    17  the  same  color    or  color markings, and the state board of elections
    18  shall select the color for each new party[, and not  later  than  twelve
    19  weeks  before  a  primary  election,  shall  transmit  to  each board of
    20  elections].  The state board of elections shall include with the board's
    21  ballot certification a certificate stating the colors so selected.
    22    § 8.  Subdivisions 2, 3, 4 and 6 of section 7-116 of the election law,
    23  subdivision 2 as amended by chapter 234 of the laws of 1976, subdivision
    24  3 as amended by chapter 9 of the laws of 1978 and  the  second  undesig-
    25  nated  paragraph  of subdivision 6 as amended by chapter 121 of the laws
    26  of 1997, are amended to read as follows:
    27    2. The officer or board who or which prepares the ballot shall  deter-
    28  mine  the  order  in which shall appear, below the names of party candi-
    29  dates the nominations made only by independent bodies. Such  officer  or
    30  board  also  shall  determine the order in which shall be printed[, in a
    31  section of such ballot] the names of two or more candidates nominated by
    32  one party or independent body, for  an  office  to  which  two  or  more
    33  persons  are  to  be elected; provided, however, that any such candidate
    34  may, by a writing filed with such board or officer not later  than  [one
    35  week] three business days after the adjournment of the convention or one
    36  week  after the primary election nominating him or her, or otherwise not
    37  later than two days after the filing  of  the  petition  or  certificate
    38  nominating  him or her, demand that such order be determined by lot, and
    39  in that case such order shall be so determined, upon two days notice  by
    40  mail  given  by such board or officer to each candidate for such office.
    41  The state board of elections shall perform the duties required  by  this
    42  subdivision in all cases affecting nominations filed in its office.
    43    3.  The officer or board with whom or which are filed the designations
    44  for a public office or party position shall determine by lot,  upon  two
    45  days notice by mail given by such board or officer to each candidate for
    46  such  office  or  position  and  to  the committee, if any, named in the
    47  designating petition, the order in which shall be printed on  the  offi-
    48  cial  primary  ballot,  under  the  title of the office or position, the
    49  names of candidates for public office, the names  of  candidates  for  a
    50  party  position  to which not more than one person is to be elected, and
    51  the groups of names of candidates for party position where two  or  more
    52  persons  are  to  be  elected thereto and any petition designates two or
    53  more persons therefor, provided, however, that whenever groups of  names
    54  for  more  than  one party position are designated by the same petition,
    55  the order in which they shall be printed on the official primary  ballot
    56  shall  be determined by a single lot. Candidates for [delegate or deleg-
        A. 9607                            10

     1  ates] delegate(s) and alternate [delegate or delegates]  delegate(s)  to
     2  conventions  designated  by  the same petition shall, for the purpose of
     3  this subdivision, be treated as one group. The names of  candidates,  if
     4  any,  for  a  party  position  to  which  two  or more persons are to be
     5  elected, who are designated by individual petitions and not in  a  group
     6  shall  be  printed  [below]  after  such  group or groups, in such order
     7  between themselves, as such officer or board shall determine by lot upon
     8  the notice specified in this subdivision.  The names within a  group  of
     9  candidates designated for party position by one petition shall be print-
    10  ed  in  the same order in which they appear in the petition, unless they
    11  appear in a different order on different pages of the petition, in which
    12  case their order within the group shall be determined by such officer or
    13  board by lot upon the notice specified in this  subdivision.  Candidates
    14  for  members of a state committee designated by a single petition shall,
    15  for the purposes of this subdivision, be treated as one group.  However,
    16  the notice to a committee of the drawing need not be mailed to more than
    17  five  members,  if  there be that many, and as to offices or party posi-
    18  tions for which designating  petitions  are  filed  with  the  board  of
    19  elections  of  the  city  of  New  York the notice shall be given to the
    20  committees only.
    21    4. If a vacancy in a designation or nomination  be  filled  after  the
    22  making,  in  the  manner provided in this section, of a determination of
    23  the order in which the names of candidates for the  office  or  position
    24  are  to be printed, to the extent practicable, the name of the candidate
    25  designated or nominated to fill such vacancy shall  be  printed  in  the
    26  place so determined for the original candidate.
    27    6.  [In  the  city  of  New York, the ballot on the voting machine for
    28  primary elections shall conform to the following additional provisions:
    29    The names of the candidates designated for such public office or party
    30  position in the primary of a party shall be placed under  the  title  of
    31  the  office  or position in the alphabetical order of their surnames, in
    32  the first or lowest numbered assembly district and election district  of
    33  any  political  unit  or  subdivision  within a county.   If candidates'
    34  surnames are identical, their given or first name shall determine  their
    35  order.    Thereafter the names shall be rotated by election districts by
    36  transposing the first named candidate to the bottom of the order at each
    37  succeeding election district, so that each name shall appear  first  and
    38  in each other position in an equal number, as nearly as possible, of the
    39  election  districts  and  except, further, that where two or more candi-
    40  dates are to be elected to the same party position, the names of  candi-
    41  dates  for such a position which appear on the same designating petition
    42  shall be grouped together on the ballot in  the  order  in  which  their
    43  names appear on the designating petition and the group rotated alphabet-
    44  ically in relation to other groups or individual candidates according to
    45  the  surname  of  the  first  person on the designating petition of such
    46  group.  Groups of candidates for delegate and  alternate  delegate,  and
    47  groups  of  candidates  for male and female delegate and male and female
    48  alternate delegate to the same convention designated on the  same  peti-
    49  tion  shall  be  rotated  together  alphabetically  in relation to other
    50  groups or individual candidates according to the surname  of  the  first
    51  person  listed  on  such designating petition in the group of candidates
    52  for whichever of such delegate  or  alternate  delegate  positions  will
    53  appear  first  on  the voting machine. If the rules of a party committee
    54  provide for equal representation of the sexes among  the  members  of  a
    55  state  committee     elected from each unit of representation, elections
    56  for male and female members of such a committee from a  single  unit  of
        A. 9607                            11

     1  representation  shall  be conducted as elections for two different party
     2  positions. Notwithstanding the provisions  of  this  paragraph,  if  the
     3  board  of elections has assigned numbers to the candidates for an office
     4  or position because of identical or similar names among such candidates,
     5  the  names  of  such  candidates shall be placed under the title of such
     6  office or position in the order of such numbers in such first or  lowest
     7  numbered  district,  and  the  names  shall  not  be rotated by election
     8  district. Such names shall appear in the identical order on each  ballot
     9  in each election district.
    10    County  committee  candidates or groups of candidates shall be printed
    11  within the first election district of each  assembly  district  or  part
    12  thereof,  according  to  the priority of filing of designating petitions
    13  and they shall then be rotated  by  election  district  by  placing  the
    14  candidate  or group of candidates designated in the same petition as the
    15  candidate or group of candidates which was printed first in an  election
    16  district  at  the  bottom  of  the order in the next succeeding election
    17  district in which a candidate or group of candidates designated in  such
    18  petition appears on the ballot.
    19    In  cases where a name is added to or removed from the ballot by court
    20  order too late to make  a  complete  adjustment  to  these  requirements
    21  feasible,  the name may be added at the bottom of the list of candidates
    22  in all election districts, or removed from the ballot  in  all  election
    23  districts  without changing the previously arranged order of other names
    24  and without invalidating the election.   Any inadvertent  error  in  the
    25  order  of names discovered too late to correct the order of the names on
    26  the ballots concerned shall not invalidate an election.
    27    Except where a contest or candidate is  removed  from  the  ballot  by
    28  court  order  too  late  to make complete compliance with this paragraph
    29  feasible, the title of each public office  or  party  position  and  the
    30  names  of  the  candidates  for such office or position appearing on any
    31  voting machine used for primary elections in the city of New York  shall
    32  appear  on  such  machine  immediately  adjacent  to one another, either
    33  horizontally or vertically; and no blank spaces shall separate the names
    34  of candidates actually running for an office or party position  on  such
    35  voting  machine, and no blank spaces shall separate any two such offices
    36  or positions which appear on such voting machine in the same  column  or
    37  row.]  (a)  In cases where a name is added to or removed from the ballot
    38  by court order too late to make a complete adjustment to these  require-
    39  ments  feasible,  the name may be added at the end of the list of candi-
    40  dates in all election districts, or  removed  from  the  ballot  in  all
    41  election  districts  without  changing  the previously arranged order of
    42  other names and without invalidating the election. Any inadvertent error
    43  in the order of names discovered too late to correct the  order  of  the
    44  names on the ballots concerned shall not invalidate an election.
    45    (b)  Except where a contest or candidate is removed from the ballot by
    46  court order too late to make complete  compliance  with  this  paragraph
    47  feasible,  the  title  of  each  public office or party position and the
    48  names of the candidates for such office or  position  appearing  on  any
    49  ballot  used  for  primary  elections  over  which  the  county board of
    50  elections has jurisdiction shall appear on such ballot immediately adja-
    51  cent to one another, either horizontally or  vertically;  and  no  blank
    52  spaces  shall  separate  the names of candidates actually running for an
    53  office or party position on such ballot, and no blank spaces shall sepa-
    54  rate any two such offices or positions which appear on  such  ballot  in
    55  the same column or row.
        A. 9607                            12
 
     1    §  9.  Section 7-118 of the election law, as amended by chapter 157 of
     2  the laws of 1996, is amended to read as follows:
     3    §  7-118.  Ballots;  facsimile and sample.   1. The board of elections
     4  shall provide facsimile and sample ballots which shall  be  arranged  in
     5  the  form  of  a  diagram  showing  such  part of the face of the voting
     6  machine or ballots as shall be in use at that election.  Such  facsimile
     7  and  sample  ballots  shall  be [either in full or reduced size] distin-
     8  guishable from the official ballot by size, color, or  other  means  and
     9  shall  contain  suitable illustrated directions for voting on the voting
    10  machine or ballot.
    11    2. Such facsimile ballots shall be mounted and  displayed  for  public
    12  inspection at each polling place during election day.
    13    3.  Sample  ballots  may  be  mailed by the board of elections to each
    14  eligible voter at least three days before the election, or in lieu ther-
    15  eof, a copy of such sample ballot may be published at least once  within
    16  one  week  preceding  the election in newspapers [representing the major
    17  political parties] or on a website maintained by the board of elections.
    18    4. One copy of such facsimile shall be sent  to  each  school  in  the
    19  county,  providing  the  ninth  through  the twelfth years of compulsory
    20  education, and in the city of New York to each such school in  the  city
    21  of  New York, at least one week before each general election for posting
    22  at a convenient place in such school. The board of elections shall  also
    23  send  a  facsimile  ballot to any other school requesting such a ballot.
    24  In the alternative, the requirements of this subdivision  may  be  fully
    25  satisfied  by  publishing  such facsimile on a website maintained by the
    26  board of elections and notifying each such school of such publication.
    27    § 10. Subdivisions 1 and 3 of  section  7-120  of  the  election  law,
    28  subdivision 3 as amended by chapter 234 of the laws of 1976, are amended
    29  to read as follows:
    30    1.  If  any  voting  machine  or voting system for use in any election
    31  shall become out of order during an election it shall, if  possible,  be
    32  repaired  or another machine or voting system substituted as promptly as
    33  possible.  In case such repair or substitution cannot be made, emergency
    34  ballots, printed or written, and of any suitable form, shall be provided
    35  by the board of elections and may be used for the  [taking]  casting  of
    36  votes.
    37    3.  It  shall be the duty of each board of elections to cause a suffi-
    38  cient number of emergency ballots to be placed at each polling place  in
    39  which  voting machines or voting systems are used, to be employed in the
    40  event the voting machines or voting systems break down.    At  any  time
    41  during  the  hour succeeding a breakdown, the inspectors of election may
    42  use such emergency ballots, and if such breakdown lasts  more  than  one
    43  hour,  such  emergency  ballots  must be used. The sample ballots may be
    44  used for this purpose in full or reduced size.
    45    § 11. Section 7-122 of the election law, subdivision 1 as  amended  by
    46  chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
    47  vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
    48  (d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by
    49  chapter  165  of the laws of 2010, subdivision 7 as amended by chapter 9
    50  of the laws of 1978, and subdivisions 6 and 7 as renumbered  by  chapter
    51  352 of the laws of 1986, is amended to read as follows:
    52    § 7-122. Ballots; absentee voters.  1. (a) Ballots for absentee voters
    53  shall  be,  as  nearly  as  practicable, in the same form as those to be
    54  voted in the district on election day, [if any,] except that ballots for
    55  primary elections shall omit the party position of ward, town,  city  or
        A. 9607                            13
 
     1  county  committee  and  except further that such ballots need not have a
     2  stub, and shall have the words "Absentee Ballot", endorsed thereon.
     3    (b)  [The  names  of  candidates  upon  the ballot shall be printed in
     4  appropriate sections, with titles of offices, section numbers,  emblems,
     5  voting  squares,  names of parties and political organizations and blank
     6  spaces for writing in names of persons not printed on the ballot. Except
     7  as to the spacing, such ballot  shall  be  printed  wherever  applicable
     8  substantially as follows:
     9    (Form in chap. 381/79)
    10    (c) The indorsement shall be printed and properly filled in:

    11  Official  Absentee  Ballot for (General, Primary or Special, as applica-
    12  ble)
    13  Election
    14  County of......................
    15  (Assembly or Legislative, as applicable) District................
    16  (Ward and City or town, as applicable)...........................
    17  (Insert date of election)
    18  (Insert names of election commissioners providing the ballot)
    19    (d) On the front of the ballot prepared for counting by hand, shall be
    20  printed in heavy black type the following instructions]  All  provisions
    21  of this chapter not inconsistent with this subdivision shall be applica-
    22  ble  to absentee ballots prepared for counting by a ballot scanner or by
    23  hand. The instructions for marking an absentee ballot shall be  provided
    24  and  shall  be substantially as follows, so that they accurately reflect
    25  the ballot layout:
    26                                INSTRUCTIONS
    27    [1. Mark in pen or pencil.
    28    2. To vote for a candidate whose name is printed on this ballot,  make
    29  a  single  cross  X  mark or a single check, V mark in the voting square
    30  above the name of the candidate.
    31    3. To vote for a person whose name is not printed on this ballot write
    32  or stamp his or her name in the space that appears at the bottom of  the
    33  column  or the end of the row (indicate where on the ballot the write-in
    34  space appears) containing the title of the office.
    35    4. To vote on a proposal make a cross X mark or a check V mark in  one
    36  of the squares contained in the box setting forth such proposal.
    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 board
    44  of  elections  at  (insert phone number here) for instructions on how to
    45  obtain a new ballot. Do not attempt to correct mistakes on the ballot by
    46  making erasures or cross outs. Erasures or cross outs may invalidate all
    47  or part of your ballot. Prior to submitting your ballot, if you  make  a
    48  mistake  in completing the ballot or wish to change your ballot choices,
    49  you may obtain and complete a new ballot. You have a right to a replace-
    50  ment ballot upon return of the original ballot.] Mark the (insert "oval"
    51  or "square") to the left of the name of  your  choice.  (Provide  illus-
    52  tration  of correctly-marked voting position here.) To vote for a candi-
    53  date whose name is not printed on the ballot, (insert "mark the oval (or
    54  square) to the left of 'write-in' and print the name clearly" or  "print
    55  the  name  clearly  in  the box labeled 'write-in'"), staying within the
        A. 9607                            14
 
     1  box. Any mark or writing outside the spaces provided for voting may void
     2  the entire ballot. You have a right to a replacement ballot. If you make
     3  a mistake or want to change your vote, call the board  of  elections  at
     4  (insert  phone  number  here)  for  instructions  on how to obtain a new
     5  ballot. The number of choices is listed for each contest.  Do  not  mark
     6  the  ballot  for  more  candidates than allowed. If you do, your vote in
     7  that contest will not count.
     8    (c)  When  a  question  or  proposal  is  included  on   the   ballot,
     9  instructions  substantially  similar  to  those  provided in subdivision
    10  fifteen of section 7-104 of this article shall be included.
    11    2. [The following provisions  shall  apply  to  all  absentee  ballots
    12  prepared  for  counting  by a ballot scanner and all other provisions of
    13  this chapter not inconsistent with this subdivision shall be  applicable
    14  to such ballots:
    15    (a)  The  party  emblem  need  not be printed next to the name of each
    16  candidate.
    17    (b) The ballot proposals may be on the back of the  ballot,  or  on  a
    18  separate ballot.
    19    (c) The printed instructions to the voter shall read as follows:
    20                                INSTRUCTIONS
    21    1. Mark only with a pen or pencil.
    22    2.  To vote for a candidate whose name is printed on this ballot, fill
    23  in the (insert oval or square, as applicable) above or next to the  name
    24  of the candidate.
    25    3.  To  vote  for  a  person whose name is not printed on this ballot,
    26  write or stamp his or her name in  the  space  labeled  "write-in"  that
    27  appears  (insert  at  the bottom of the column or the end of the row, as
    28  applicable) containing the title of the office and, if required  by  the
    29  voting  system  in  use  at  such  election, the instructions shall also
    30  include "and fill in the (insert oval or square, as  applicable)  corre-
    31  sponding with the write-in space in which the voter has written a name."
    32    4. To vote yes or no on a proposal, if any, that appears on the (indi-
    33  cate  where  on  the ballot the proposal may appear) fill in the (insert
    34  oval or square, as applicable) that corresponds to your vote.
    35    5. Any other mark or writing, or  any  erasure  made  on  this  ballot
    36  outside the voting squares or blank spaces provided for voting will void
    37  this entire ballot.
    38    6.  Do not overvote. If you select a greater number of candidates than
    39  there  are  vacancies  to  be  filled, your ballot will be void for that
    40  public office, party position or proposal.
    41    7.  If you tear, or deface, or wrongly  mark  this  ballot,  call  the
    42  board of elections at (insert phone number here) for instructions on how
    43  to obtain a new ballot. Do not attempt to correct mistakes on the ballot
    44  by  making erasures or cross outs. Erasures or cross outs may invalidate
    45  all or part of your ballot. Prior to submitting your ballot, if you make
    46  a mistake in completing the ballot or wish to change your ballot  choic-
    47  es,  you  may  obtain  and  complete a new ballot. You have a right to a
    48  replacement ballot upon return of the original ballot.
    49    (d) Such instructions may be printed on  the  front  or  back  of  the
    50  ballot  or  on  a  separate  sheet or card. If such instructions are not
    51  printed on the front of the  ballot,  there  shall  be  printed  on  the
    52  ballot,  in the largest size type for which there is room, the following
    53  legend: "See instructions on other side" or "See enclosed instructions",
    54  whichever is appropriate.
        A. 9607                            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. 9607                            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. 9607                            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. 9607                            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. 9607                            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.