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A11354 Summary:

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A11354 Floor Votes:

A11354 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        11354--A
 
                   IN ASSEMBLY
 
                                      June 3, 2010
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Millman,
          Molinaro) -- read once and referred to the Committee on  Election  Law
          --  reported and referred to the Committee on Rules -- Rules Committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to the Committee on Rules
 
        AN ACT to amend the election law, in  relation  to  the  form  of  paper

          ballots and party emblems
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The section heading and subdivisions 1, 3, 4, 5, and  6  of
     2  section 7-106 of the election law, subdivision 4 as amended by chapter 9
     3  of the laws of 1978, subdivision 5 as amended by chapter 244 of the laws
     4  of 2003 and subdivision 6 as amended by chapter 647 of the laws of 1982,
     5  are  amended  to  read  as  follows  and subdivisions 7, 8, 9 and 10 are
     6  renumbered subdivisions 8, 9, 10 and 11, respectively:
     7    [Paper] Election day paper  ballots; form of.
     8    1. Paper ballots which are to be  counted  by  a  ballot  scanner  may
     9  consist of two or more sheets which are divided into perforated sections

    10  which  can  be separated at the time the ballot is scanned. Such ballots
    11  shall be printed on paper of a quality, size, color, and weight approved
    12  by the state board of elections.
    13    3. Each ballot shall be printed on the [same] sheet with a stub  which
    14  shall  be  separated  therefrom  by  a [horizontal] line of perforations
    15  extending across the entire [width of the] ballot. On the  face  of  the
    16  stub shall be printed [the instructions to the voter. On the back of the
    17  stub  immediately above the center of the indorsement on the back of the
    18  ballot, shall be printed] "No........"   the blank  to  be  filled  with
    19  consecutive number of ballots beginning with "No.  1", and increasing in
    20  regular numerical order.

    21    4.  On [the back of the] such ballot[, below the line of perforations,
    22  just to the right of center, and outside when the ballot is folded,  and
    23  on  the  front of the ballot, directly below the perforated line,] shall
    24  be printed the following indorsement, the blanks properly filled in:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16671-05-0
        A. 11354--A                         2
 
     1  [Official Ballot for General Officers (or  whatever  the  case
     2  may  be)  County of ........................ Assembly District
     3  (or ward and city or town) .........................  Election

     4  District ..............]
 
     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  ([Date of Election] Insert date of election.)
    15  ([Facsimile of the signature of officer  or  officers]  Insert
    16  names of election commissioners providing the ballot.)
 
    17    5.  [On  the stub at the top of the ballot or on the edge of such] The

    18  following ballot instructions shall be printed in heavy black type  [the
    19  following instructions]:
    20                                INSTRUCTIONS
    21    (1)  Mark  only  with a [pen having blue or black ink or with a pencil
    22  having  black  lead]  writing  instrument  provided  by  the  board   of
    23  elections.
    24    (2) To vote for a candidate whose name is printed on this ballot [make
    25  a  single cross X mark or a check V mark in one of] fill in the [squares
    26  to the right of an emblem opposite his or  her  name]  (insert  oval  or
    27  square, as applicable) above or next to the name of the candidate.
    28    (3)  To  vote  for  a  person whose name is not printed on this ballot

    29  write or stamp his or her name [on a blank line under the names  of  the
    30  candidates  for  that  office.]  in  the  space  labeled "write-in" that
    31  appears (insert at the bottom of the column, the end of the  row  or  at
    32  the  bottom of the candidate names, as applicable) for such office (and,
    33  if  required  by  the  voting  system  in  use  at  such  election,  the
    34  instructions shall also include "and fill in the (insert oval or square,
    35  as  applicable)  corresponding with the write-in space in which you have
    36  written in a name").
    37    (4) To vote yes or no on a proposal [make a single X or V mark in  the
    38  square  opposite your vote], if any, that appears on the (indicate where

    39  on the ballot the proposal may appear)  fill  in  the  (insert  oval  or
    40  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 [or], party position or proposal.
    47    (7) If you tear, or deface, or wrongly mark this ballot, return it and
    48  obtain  another.  Do  not  attempt  to correct mistakes on the ballot by
    49  making erasures or cross outs. Erasures or cross outs may invalidate all
    50  or part of your ballot. Prior to submitting your ballot, if you  make  a

    51  mistake  in completing the ballot or wish to change your ballot choices,
    52  you may obtain and complete a new ballot. You have a right to a replace-
    53  ment ballot upon return of the original ballot.
        A. 11354--A                         3
 
     1    (8) After completing your ballot, insert it into  the  ballot  scanner
     2  and  wait for the notice that your ballot has been successfully scanned.
     3  If no such notice appears, seek the assistance of an election inspector.
     4    6. The instructions in subdivision five of this section may be printed
     5  on  the  front  or back of the ballot or on a separate sheet or card. If
     6  such instructions are not printed on the  front  of  the  ballot,  there
     7  shall be printed on the ballot, in the largest size type for which there

     8  is  room,  the following legend: "See instructions on the other side" or
     9  "See enclosed instructions", whichever is appropriate.
    10    7. Each such ballot shall be printed in sections in which  the  candi-
    11  dates' names[, emblems] and political designations, the ballot proposals
    12  and other requisite matter shall each be boxed in by heavy black perpen-
    13  dicular lines of equal width. [On the ballot] In each such section shall
    14  be  voting  ovals  or  squares  [in] which voters may [make their voting
    15  marks] fill in.  [All voting squares shall be  bounded  by  heavy  black
    16  lines,  the  perpendicular lines to be not less than one-sixteenth of an

    17  inch wide. The voting squares and the  spaces  occupied  by  the  emblem
    18  shall  have  a depth and width of five-sixteenths of an inch. No voting]
    19  If applicable, ovals or squares shall be provided [in front of] next  to
    20  the blank spaces provided for a voter to write in a name.
    21    §  2.  Paragraphs (c) and (d) of subdivision 1 of section 7-122 of the
    22  election law, paragraph (c) as amended by chapter 259  of  the  laws  of
    23  1991, paragraph (d) as amended by chapter 9 of the laws of 1978, subpar-
    24  agraph 3 of paragraph (d) as amended by chapter 156 of the laws of 1994,
    25  subparagraph 4 of paragraph (d) as amended by chapter 352 of the laws of
    26  1986,  subparagraph  5 of paragraph (d) as amended by chapter 118 of the
    27  laws of 1985 and subparagraphs 6 and 7 of  paragraph  (d)  as  added  by

    28  chapter 244 of the laws of 2003, are amended to read as follows:
    29    (c)  The  indorsement shall be printed [on the front of the ballot and
    30  may also be printed on the back of the  ballot  just  to  the  right  of
    31  center, and outside when the ballot is folded] and properly filled in:
    32    [Absentee  Ballot  for General (or Primary or Special) Election County
    33  of....................  (Date of Election.) (Facsimile of the  signature
    34  of officer or officers providing the ballot.)]
 
    35  Official  Absentee  Ballot for (General, Primary or Special, as applica-
    36  ble)
    37  Election
    38  County of......................
    39  (Assembly or Legislative, as applicable) District................

    40  (Ward and City or town, as applicable)...........................
    41  (Insert date of election)
    42  (Insert names of election commissioners providing the ballot)
    43    (d) On the front of the ballot prepared for counting by hand, shall be
    44  printed in heavy black type the following instructions:
    45                                INSTRUCTIONS
    46    1. Mark in pen or pencil.
    47    2. To vote for a candidate whose name is printed on this ballot,  make
    48  a  single  cross  X  mark or a single check, V mark in the voting square
    49  above the name of the candidate.
    50    3. To vote for a person whose name is not printed on this ballot write
    51  or stamp [the] his or her name in the [blank] space [which] that appears

    52  at the bottom of the column [under the title of the office.] or the  end
    53  of  the  row  (indicate  where on the ballot the write-in space appears)
    54  containing the title of the office.
        A. 11354--A                         4
 
     1    4. To vote on a proposal make a cross X mark or a check V mark in  one
     2  of the squares contained in the box setting forth such proposal.
     3    5.  Any  other  mark  or  writing,  or any erasure made on this ballot
     4  outside the voting squares or blank spaces provided for voting will void
     5  this entire ballot.
     6    6. Do not overvote. If you select a greater number of candidates  than
     7  there  are  vacancies  to  be  filled, your ballot will be void for that
     8  public office [or], party position or proposal.

     9    7. If you tear, or deface, or wrongly mark this ballot, call the board
    10  of elections at ([Insert] insert phone number here) for instructions  on
    11  how  to  obtain  a new ballot. Do not attempt to correct mistakes on the
    12  ballot by making erasures or cross outs.  Erasures  or  cross  outs  may
    13  invalidate  all or part of your ballot. Prior to submitting your ballot,
    14  if you make a mistake in completing the ballot or wish  to  change  your
    15  ballot  choices,  you  may  obtain and complete a new ballot. You have a
    16  right to a replacement ballot upon return of the original ballot.
    17    § 3. Section 7-104 of the election law, as amended by chapter  654  of
    18  the laws of 1985, subdivision 1 as amended by chapter 181 of the laws of
    19  2005,  paragraph  (b)  of  subdivision  4  and subdivision 7 as amended,
    20  subdivision 8 as added and subdivisions 9 and 10 as renumbered by  chap-

    21  ter  262 of the laws of 1986, and subdivision 6 as amended by chapter 79
    22  of the laws of 1992, is amended to read as follows:
    23    § 7-104. Ballots; form of, voting machine. 1.  All  ballots  shall  be
    24  printed  and/or  displayed  in a format and arrangement, of such uniform
    25  size and style as will fit the ballot frame, and shall be  in  as  plain
    26  and  clear  a  type or display as the space will reasonably permit. Such
    27  type or display on the ballot shall satisfy all requirements and  stand-
    28  ards set forth pursuant to the federal Help America Vote Act.
    29    2.  The names of parties or independent bodies which contain more than
    30  fifteen letters may, whenever limitations of space so require, be print-
    31  ed on the ballot in an abbreviated form. In printing the names of candi-
    32  dates whose full names contain  more  than  fifteen  letters,  only  the

    33  surname  must  be printed in full. The officer or board charged with the
    34  duty of preparing the ballots shall request each such candidate to indi-
    35  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
    36  restriction,  his  name  shall  be  printed.  If  no  such indication is
    37  received from such candidate within the time specified in  the  request,
    38  such officer or board shall make the necessary determination.
    39    3.  [The face of the ballot shall be completely covered with a protec-
    40  tive covering of smooth, hard, transparent material so that it shall  be
    41  impossible  to alter the face of the ballot without removing or breaking
    42  such covering.
    43    4.] (a) The [party emblem for each political party represented on  the

    44  machine,  and  the]  party  name or other designation, and a designating
    45  letter and number shall be affixed to the name of each candidate, or, in
    46  case of presidential electors, to the names of the candidates for presi-
    47  dent and vice-president of such party.
    48    (b) The titles of offices may be arranged horizontally, with the names
    49  of candidates for an office and the slot or device for write-in  ballots
    50  for  such  office  arranged vertically under the title of the office, or
    51  the titles of offices may be arranged  vertically,  with  the  names  of
    52  candidates for an office and the slot or device for write-in ballots for
    53  such office arranged horizontally opposite the title of the office.
    54    (c) Each office shall occupy as many columns or rows on the machine as
    55  the number of candidates to be elected to that office.

        A. 11354--A                         5
 
     1    [5.]  4.  (a)  The  names  of all candidates nominated by any party or
     2  independent body for an office shall always appear in the row or  column
     3  containing  generally the names of candidates nominated by such party or
     4  independent body for other offices except as hereinafter provided.
     5    (b) When the same person has been nominated for an office to be filled
     6  at  the  election by more than one party, the voting machine shall be so
     7  adjusted that his or her  name  shall  appear  in  each  row  or  column
     8  containing generally the names of candidates for other offices nominated
     9  by any such party.
    10    (c) If such candidate has also been nominated by one or more independ-
    11  ent  bodies,  his  or  her  name shall appear only in each row or column

    12  containing generally the names of candidates for other offices nominated
    13  by any such party and the name [and emblem]  of  each  such  independent
    14  body  shall  appear  in  one  such row or column to be designated by the
    15  candidate in a writing filed with the officer or board charged with  the
    16  duty of providing ballots, or if such person shall fail to so designate,
    17  the  names [and emblems] of such independent bodies shall appear in such
    18  row or column as such officer or board shall determine.
    19    (d) If any person shall be nominated for any office by one  party  and
    20  two  or  more  independent  bodies  his  or her name shall appear on the
    21  voting machine twice; once in the row or column containing generally the
    22  names of candidates for other offices nominated by such party, and  once
    23  in  the row or column containing generally the names of candidates nomi-

    24  nated by the independent body designated by such  person  in  a  writing
    25  filed  with  the  officer  or  board  charged with the duty of providing
    26  ballots and in connection with the name of such person in  such  row  or
    27  column shall appear the name [and emblem] of each independent body nomi-
    28  nating  him  or  her  or, if such person shall fail to so designate, the
    29  name of such candidate and the names [and emblems] of  such  independent
    30  bodies shall appear in such row or column as such officer or board shall
    31  determine.
    32    (e)  If  any  person is nominated for any office only by more than one
    33  independent bodies, his or her name  shall  appear  but  once  upon  the
    34  machine in one such row or column to be designated by the candidate in a
    35  writing filed with the officer or board charged with the duty of provid-

    36  ing  ballots,  or  if  the  candidate shall fail to so designate, in the
    37  place designated by the officer  or  board  charged  with  the  duty  of
    38  providing  ballots,  and  in connection with his or her name there shall
    39  appear the name [and emblem] of each independent body nominating him  or
    40  her,  but,  where  the  capacity of the machine will permit, the name of
    41  such person shall not appear or be placed in a column or on a horizontal
    42  line with the names of persons nominated by a party for other offices.
    43    [6.] 5. Notwithstanding the provisions of subdivision [five]  four  of
    44  this  section,  the  name of a person who is nominated for the office of
    45  governor, or state senator, or member of assembly, shall appear  on  the

    46  ballot  [labels  of  the  machine] as many times as there are parties or
    47  independent bodies nominating him or her, and there shall be a  separate
    48  voting  and  registering  device  at each place in which such name shall
    49  appear.
    50    [7. The machine shall be so adjusted that when levers or  devices  for
    51  voting,  and  slots  or devices for write-in ballots, equal to the total
    52  number of persons to be elected to an office or position shall have been
    53  operated, all other such levers or devices  for  voting,  and  slots  or
    54  devices  for  write-in  ballots  used  in connection with that office or
    55  position shall be thereby locked. All levers or devices shall be  locked
        A. 11354--A                         6


     1  in  any  space which does not contain the name of a candidate or a ques-
     2  tion to be voted on.
     3    8.]  6. If any type of machine used in any county or city contains any
     4  feature, the use of which is neither  required  nor  prohibited  by  the
     5  provisions  of  this chapter, the board of elections may, by resolution,
     6  require that one or more of such features shall be used in such  county.
     7  Thereafter  all  machines of such type used in such county or city shall
     8  be operated in conformity with any such resolution. Any such  resolution
     9  may  thereafter  be rescinded by such board and after being so rescinded
    10  may be re-adopted. Once re-adopted by any board  of  elections,  such  a
    11  resolution may not be rescinded again by such board.
    12    [9]  7.   The [board of elections shall provide a card or printed slip

    13  to be placed in the card holder which] ballot shall have printed upon it
    14  in black ink for each party or independent  row,  at  the  head  of  the
    15  column  or  the beginning of the row containing the names of candidates,
    16  the image of a closed fist with index finger extended  pointing  to  the
    17  party or independent row. [Inset within the image of the fist on a white
    18  space]  In  the  same space, in black letters as large as the space will
    19  permit, shall be printed the name of the party or independent  body  and
    20  at  the right of the fist and below the index finger shall be printed in
    21  black ink the emblem and the designating letters of the row or column.
    22    [10.] 8. With respect to candidates for the offices  of  governor  and

    23  lieutenant  governor  of  a  party or independent body, ballots shall be
    24  printed so that the names of such  candidates  for  both  offices  shall
    25  appear  in  the  same  row or column, with the name of the candidate for
    26  governor appearing first and the [machine] ballot shall be  so  adjusted
    27  that  both  offices  are  voted for jointly and have but one designating
    28  letter or number.
    29    § 4. Subdivisions 2, 3, 4, 5, 8, 9 and 10  of  section  7-122  of  the
    30  election  law, subdivisions 2 and 3 as added and subdivisions 4 and 9 as
    31  renumbered by chapter 352 of the laws of 1986, subparagraphs 6 and 7  of
    32  paragraph  (e) and subparagraphs 5 and 6 of paragraph (f) of subdivision
    33  2 as added by chapter 244 of the laws of 2003, subdivision 4 as  amended
    34  by  chapter  647 of the laws of 1982, subdivisions 5 and 8 as amended by

    35  chapter 235 of the laws of 2000, subdivision 9 as amended by chapter 227
    36  of the laws of 1983 and subdivision 10 as amended by chapter 216 of  the
    37  laws of 1988, are amended to read as follows:
    38    2.  The  following  provisions  shall  apply  to  all absentee ballots
    39  prepared for counting by a ballot [counting machines]  scanner  and  all
    40  other  provisions of this chapter not inconsistent with this subdivision
    41  shall be applicable to such ballots[.]:
    42    (a) The party emblem need not be printed next  to  the  name  of  each
    43  candidate.
    44    (b) [The blank spaces provided for the voter to write in a name may be
    45  on the back of the ballot.
    46    (c)]  The  ballot  proposals may be on the back of the ballot, or on a
    47  separate ballot.

    48    [(d) The election district, the ward or legislative district  if  any,
    49  the  town or city and the assembly district (in New York city and Nassau
    50  county) shall be written, stamped or printed on the back  of  each  such
    51  ballot.
    52    (e)  If such ballot is a ballot which is marked with a writing instru-
    53  ment, the] (c) The printed instructions  to  the  voter  shall  read  as
    54  follows:
    55                                 INSTRUCTIONS
    56    1. Mark only with [the] a pen or pencil [supplied with this ballot].
        A. 11354--A                         7
 
     1    2.  To vote for a candidate whose name is printed on this ballot, fill
     2  in the [voting square] (insert oval  or  square,  as  applicable)  above

     3  [(]or next to[)] the name of the candidate.
     4    3.  To  vote  for  a  person whose name is not printed on this ballot,
     5  write [the] or stamp his or her name in  the  [blank]  space  [(indicate
     6  where  on  ballot  the  write-in line appears)]  labeled "write-in" that
     7  appears (insert at the bottom of the column or the end of  the  row,  as
     8  applicable)  containing  the  title of the office[.] and, if required by
     9  the voting system in use at such election, the instructions  shall  also
    10  include  "and  fill in the (insert oval or square, as applicable) corre-
    11  sponding with the write-in space in which the voter has written a name."

    12    4. To vote yes or no on a proposal, if any, that appears on the (indi-
    13  cate where on the ballot the proposal may appear) fill in  [one  of  the
    14  squares contained in] the [box setting forth such proposal] (insert oval
    15  or square, as applicable) that corresponds to your vote.
    16    5.  Any  other  mark  or  writing,  or any erasure made on this ballot
    17  outside the voting squares or blank spaces provided for voting will void
    18  this entire ballot.
    19    6. Do not overvote. If you select a greater number of candidates  than
    20  there  are  vacancies  to  be  filled, your ballot will be void for that
    21  public office [or], party position or proposal.
    22    7. If you tear, or deface, or wrongly mark this ballot, call the board

    23  of elections at ([Insert] insert phone number here) for instructions  on
    24  how  to  obtain  a new ballot. Do not attempt to correct mistakes on the
    25  ballot by making erasures or cross outs.  Erasures  or  cross  outs  may
    26  invalidate  all or part of your ballot. Prior to submitting your ballot,
    27  if you make a mistake in completing the ballot or wish  to  change  your
    28  ballot  choices,  you  may  obtain and complete a new ballot. You have a
    29  right to a replacement ballot upon return of the original ballot.
    30    [(f) If such ballot is a ballot in which holes are to be punched,  the
    31  printed instructions to the voter shall read as follows:
    32                                 INSTRUCTIONS
    33    1. To vote for a candidate whose name is printed on this ballot, punch

    34  out  the  voting  square  (or circle) above (or next to) the name of the
    35  candidate.
    36    2. To vote for a person whose name is  not  printed  on  this  ballot,
    37  write  the  name  in  the blank space (indicate where on ballot write-in
    38  line appears) containing the title of the office.
    39    3. To vote on a proposal, punch out one of the  squares  (or  circles)
    40  contained in the box setting forth such proposal.
    41    4.  Any  other  mark  or  writing,  or any erasure made on this ballot
    42  outside the voting squares (or circles) or  blank  spaces  provided  for
    43  voting will void this entire ballot.
    44    5.  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 or party position.
    47    6. 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. Prior to submitting your  ballot,  if  you  make  a
    50  mistake  in completing the ballot or wish to change your ballot choices,
    51  you may obtain and complete a new ballot. You have a right to a replace-
    52  ment ballot upon return of the original ballot.
    53    (g)] (d) Such instructions may be printed on the front or back of  the
    54  ballot  or  on  a  separate  sheet or card. If such instructions are not
    55  printed on the front of the  ballot,  there  shall  be  printed  on  the
    56  ballot,  in the largest size type for which there is room, the following

        A. 11354--A                         8
 
     1  legend: "See instructions on other side" or "See enclosed instructions",
     2  whichever is appropriate.
     3    [(h)]  (e)  Such ballots which are to be counted by a ballot [counting
     4  machines] scanner may consist of two or more [cards] sheets,  which  are
     5  divided  into  perforated sections which can be separated at the time of
     6  canvassing.
     7    3. [The board of elections shall deliver to each voter, together  with
     8  each  ballot  which  is  marked with a writing instrument, an instrument
     9  whose markings can be read by  such  machines  and  together  with  each
    10  ballot  in  which holes are punched, an instrument suitable for punching
    11  the necessary holes in such ballot.

    12    4.] The determination of the appropriate county board of elections  as
    13  to  the  candidates  duly  designated  or nominated for public office or
    14  party position whose name shall appear on the absentee ballot and as  to
    15  ballot  proposals  to  be  voted  on shall be made no later than the day
    16  after the state board of elections issues  its  certification  of  those
    17  candidates  to be voted for at the general, special or primary election.
    18  The determinations of the state board of elections  and  the  respective
    19  county boards of elections shall be final and conclusive with respect to
    20  such  offices  for  which  petitions  or certificates are required to be
    21  filed with such boards, as the case may be but nothing herein  contained
    22  shall prevent a board of elections, or a court of competent jurisdiction
    23  from  determining  at  a  later date that any such certification, desig-

    24  nation or nomination is invalid and, in the event of such later determi-
    25  nation, no vote cast for any such nominee by any voter shall be  counted
    26  at the election.
    27    5.  The  board of elections shall furnish with each absentee ballot an
    28  inner affirmation envelope. On one side of the envelope shall be  print-
    29  ed:
 
    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 [(only in New York City and county of
    39  Nassau)]..............................................

    40  Legislative District (as applicable)..................
    41  Ward (as applicable)..................................
    42  Election District.....................................
    43  Party Enrollment (in case of primary election)........
 
    44    8.  On  the  reverse  side of such inner affirmation envelope shall be
    45  printed the following statement:
    46                   [STATEMENT OF ABSENTEE VOTER] AFFIRMATION
    47    I do declare that I am a citizen of the United States, that I am  duly
    48  registered  in  the  election district shown on the reverse side of this
    49  envelope and I am qualified to vote in such district;  that  I  will  be
    50  unable  to  appear  personally on the day of the election for which this
    51  ballot is voted at the polling place of the election district in which I
    52  am a qualified voter because of the reason given on my application here-

    53  tofore submitted; that I have not qualified nor  do  I  intend  to  vote
        A. 11354--A                         9
 
     1  elsewhere,  that  I have not committed any act nor am I under any imped-
     2  iment which denies me the right to vote.
     3    I hereby declare that the foregoing is a true statement to the best of
     4  my  knowledge  and  belief, and I understand that if I make any material
     5  false statement in the foregoing statement of absentee voter, I shall be
     6  guilty of a misdemeanor.
 
     7  Date.................20.....       .....................................
     8                                     Signature or mark of voter
 
     9                                     .....................................
    10                                     Signature of Witness (required only
    11                                     if voter does not sign his own name)
 

    12                                     .....................................
    13                                     Address of Witness
 
    14    9. The inner affirmation envelope shall be gummed, ready for  sealing,
    15  and  shall  have  printed  thereon,  on the side opposite the statement,
    16  instructions as to the duties of the voter  after  the  marking  of  the
    17  ballot,  which  instructions  shall include a specific direction stating
    18  when such [envelope] ballot must be postmarked and when such  [envelope]
    19  ballot  must  reach  the office of the board of elections in order to be
    20  canvassed.
    21    10. Each ballot envelope shall be enclosed  in  [a  second]  an  outer
    22  envelope  addressed to the appropriate board of elections and bearing on

    23  it a specific direction that if an original application for an  absentee
    24  ballot  is  received with the ballot, such application must be completed
    25  by the voter and returned in [such] the outer envelope together with the
    26  sealed inner affirmation envelope containing the absentee ballot  within
    27  the  time limits for receipt of the absentee ballot itself. Such [second
    28  envelope]  inner  affirmation  envelope  and  outer  envelope  shall  be
    29  enclosed  in  a  third  envelope  addressed  to  the absentee voter. The
    30  [second] outer and third envelopes shall have printed on the face there-
    31  of the words "Election Material--Please Expedite".
    32    § 5. This act shall take effect immediately.