senate Bill S7847

Relates to the form of ballots; repealer

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 13 / Jun / 2014
    • REFERRED TO ELECTIONS

Summary

Relates to the form of ballots; enacts specific provisions and requirements for the form of general, special and primary ballots.

do you support this bill?

Bill Details

Versions:
S7847
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Rpld §§7-104, 7-106 & 7-126, add §§7-104 & 7-105, El L

Sponsor Memo

BILL NUMBER:S7847

TITLE OF BILL: An act to amend the election law, in relation to the
form of ballots; and to repeal certain provisions of such law relating
thereto

PURPOSE: To create a ballot layout that is easy for voters to read
and to ensure an adequate number of ballots are available on election
day.

SUMMARY OF PROVISIONS:

Section one repeals section 7-104, 7-106 and 7-126 of the election law
and two new section 7104 and 7-105 are added. The new section 7-104
provides that all paper ballots of the same kind, for the same polling
place shall be identical in form and content except for names of
candidates, local referenda, propositions or initiative and manner in
which the ballots shall be counted. Subsection 1 paragraph (b)
provides that a sample ballot will be distinguishable from ballots by
different size and color and shall be marked "SAMPLE BALLOT" in a font
size necessary to cover the entire face of the sample ballot.
Subsection 1 paragraph (c) to provide that ballots counted by a ballot
scanner may contain two or more sheet made of perforated paper that
can be separated when the ballot is to be scanned. The ballot shall be
made of paper required for use with the ballot scanner.

Subsection 2 states that all ballots are to be printed in black ink
and/or in a format that is uniform in size and style in a clear type.
The ballots shall use sans serif font in a size designed to maximize
legibility. The names of the candidates shall be printed in capital
letters in larger font and bold type. The name of a party or other
designation will be affixed to the name of each candidate. Each office
shall occupy as many columns or rows on the ballot as the number of
candidate to be elected to that office, the title of the office may be
placed horizontally with the names of the candidates arranged
vertically. Next to the name of a party or independent committee shall
be the symbol of such organization and the letter of the row or column
its candidates occupy on the ballot. The sections in which the
candidate's names and political designation as well as ballot
proposals will be boxed in heavy black lined boxes. For each office,
ovals or squares will be on the ballot next to the spaces where a
voter would write in the name of a candidate who name is not on the
ballot. The abstract of each question, amendment, proposition or
initiative shall be in the same font and type face.

Subsection three allows that when needed the name of a party or
independent body with more than fifteen letters may appear in an
abbreviated form on the ballot. If a candidate's name exceeds fifteen
letters only the last name must be printed in full, the entity
responsible for preparation of the ballot shall request from each such
candidate the manner in which they would like their shortened name to
appear on the ballot.

Subsection four provides that each face of a ballot sheet shall only
be printed in one language, if a second language is required by law,
the second language shall appear on the reverse side of the ballot.
English will only be on one side of all ballots and the second


language shall only be on the reverse side. In areas that are required
by law to have ballots in multiple languages the votes shall be given
the language ballot of choice at the time they vote by an election
inspector.

Section five states that ballots must be printed on a sheet with a
stub which can be separated from the ballot along a perforated line
and proscribes the information that shall be contained on the stub.

Section six calls for a graphic to illustrate to voters to mark the
voting oval or square fully.

Section seven the ballots shall not have instructions printed on them,
but each ballot shall have a graphic design approved by the State BOE.
Each polling location shall post instruction and instruction sheet
will be provided as a separate handout or printed on the privacy
sleeve issued to voters. This section proscribes the language of the
instructions_ If a proposition, amendment or initiative is on the
ballot it shall appear on the full face of the ballot, such questions
shall be separated from the names of candidates for office by a heavy
black line.

Section eight will ensure that visible in privacy booths or voting
machines shall be instructions posted with illustrated instructions as
to how to vote on the ballot.

Section nine proscribes the manner in which candidates and parties
shall be listed across the ballot in columns and office by rows and
how the ballot shall appear if the ballot requires a second row for
candidates names as well how the ballot shall look if a candidate
appears on the ballot line of multiple parties.

Section ten provides that if a candidate for Governor, State Senator
or Member of the Assembly is nominated by multiple political parties
or independent bodies the candidates name shall appear on the ballot
the same number of times as there are parties or independent bodies
nominating such candidates.

Section eleven allows for a machine used in any county or city which
is neither required or prohibited by this chapter to request
permission from the State BOE to require that one or more of these
features shall be used provided that the features are uniform, The BOE
has the authority to rescind this permission.

Section twelve would allow for the names of candidates for Governor
and Lieutenant Governor of a party or independent body to appear in
the same row or column with the name of the candidate for Governor
being listed first.

The new section 7-105 proscribes in subsection one provisions for the
printing of an adequate number of ballots and empowers the State Board
of Elections to determine the number of ballots to be printed. For
primary elections the number of ballots printed shall be between 10
and 15 percent greater than the number of votes cast in the highest
statewide office or presidential officer, whichever one had the
largest turnout in the last primary election. In general elections the
number of ballots printed shall be at least 20 percent more than the


amount of votes cast in the last presidential election. In special
election the number of ballots printed shall be at least 15 percent
more than the number of votes cast in the most recent general
elections for that office.

Subsection two states that when a county is required by federal law to
provide ballots in second languages the number of ballots printed in
each language shall be governed by the provisions of this section.

Subsection three stipulates that each county board is required to
train instructor to ensure that voters receive the appropriate
language ballot.

Subsection four states that local boards shall have on hand fifteen
days prior to the election the number of each language ballot other
than english.

Subsection five provides that no Local board shall promulgate
regulations relating to multilingual ballots without authority and
approval from the State BOE.

Subsection six calls for that when a court removes a candidate or
other question from the ballot the amendment shall be made in a way so
that the ballot is not rendered unreadable.

Subsection seven stipulates that in the event that a court places a
ballot or other question on the ballot the candidates name or
questions shall appear in the same uniform manner as if it had
originally been placed on the ballot.

Section two of this bill provides that this act shall take effect on
January first 2015.

JUSTIFICATION: A ballot that is clear and simple to read makes voting
easier and leads to more accurate voting. In the 2013 primary and
general elections, New York voters were confronted with a ballot that
was cluttered and difficult to read. This was exemplified by the fact
that polling sites provided magnifying glasses for voters.

The implementation of the optical scan ballot in New York State has
caused concerns and problems on Election Day operations, specifically
relating to ballot format and design. This legislation is designed to
address the concerns that have arose out of this implementation.
Particularly the legislation works to address concerns over ballot
layout and design. The new section 7-104 of the election law
simplifies ballot design by requiring clearer and bolder text in
uniform size and font. The placement of a second language on the
reverse side of the ballot will make the ballot easier to read for
voters casting ballots. The implementation of multiple page ballots
for propositions, questions, referendums and initiatives will leave
the ballot less of a clutter than in year passed. Heavy black lined
boxes to differentiate sections of the ballot will make the individual
sections of the ballot easier to understand.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None


EFFECTIVE DATE: This act shall take January first 2015.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7847

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to the  form  of  ballots;
  and to repeal certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections 7-104, 7-106 and 7-126 of  the  election  law  are
REPEALED  and  two  new  sections  7-104  and 7-105 are added to read as
follows:
  S 7-104. BALLOTS; FORM OF; GENERAL, PRIMARY; SPECIAL  ELECTIONS.    1.
(A)  ALL PAPER BALLOTS OF THE SAME KIND FOR THE SAME POLLING PLACE SHALL
BE IDENTICAL IN FORM AND CONTENT,  EXCEPTING  THE  NAMES  OF  INDIVIDUAL
CANDIDATES  AND LOCAL REFERENDA, PROPOSITIONS OR INITIATIVES, WHETHER OR
NOT SUCH BALLOTS SHALL BE COUNTED BY VOTING MACHINE, BALLOT  SCANNER  OR
OTHER  METHOD.  A  DIFFERENT, BUT IN EACH CASE UNIFORM STYLE AND SIZE OF
TYPE, SHALL BE USED FOR PRINTING THE NAMES OF CANDIDATES, THE TITLES  OF
OFFICES, AND POLITICAL DESIGNATIONS.
  (B)  SAMPLE BALLOT SHALL BE CLEARLY DISTINGUISHABLE BY SIZE, COLOR AND
MARKING "SAMPLE BALLOT" IN TYPE SUFFICIENT TO COVER THE ENTIRE  FACE  OF
THE BALLOT, TO AVOID ERROR.
  (C)  PAPER  BALLOTS  WHICH  ARE  TO BE COUNTED BY A BALLOT SCANNER MAY
CONSIST OF TWO OR MORE SHEETS WHICH ARE DIVIDED INTO PERFORATED SECTIONS
WHICH CAN BE SEPARATED AT THE TIME THE BALLOT IS SCANNED. BALLOTS  SHALL
BE  PRINTED  ON  PAPER  OF  A QUALITY AND WEIGHT SPECIFIED IN THE VOTING
SYSTEMS' TECHNICAL REQUIREMENTS DOCUMENTATION, OR AS DETERMINED  BY  THE
STATE BOARD OF ELECTIONS CERTIFICATION OF SUCH VOTING SYSTEMS.
  2. (A) ALL BALLOTS SHALL BE PRINTED IN BLACK INK AND/OR DISPLAYED IN A
FORMAT  AND  ARRANGEMENT  OF SUCH UNIFORM SIZE AND STYLE IN AS PLAIN AND
CLEAR A TYPE USING ONLY SANS SERIF PRINT FONTS, AS WILL, AT MINIMUM, FIT
ALL THE CANDIDATES FOR PUBLIC OFFICE ON A SINGLE  FACE  BALLOT,  AND  IF
CONSISTENT WITH THESE PROVISIONS, ANY AMENDMENTS, INITIATIVE OR PROPOSI-
TIONS.  IF  NOT, THEN SUCH AMENDMENTS, INITIATIVES OR PROPOSITIONS SHALL
BE UPON A SEPARATE BALLOT SHEET.   SUCH TYPE OR DISPLAY  ON  THE  BALLOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15584-01-4

S. 7847                             2

SHALL  SATISFY  ALL THE REQUIREMENTS AND STANDARDS SET FORTH PURSUANT TO
THE HELP AMERICA VOTE ACT.
  (B)  ALL  BALLOTS  SHALL  USE  SANS SERIF FONTS AND IN SUCH SIZE AS TO
MAXIMIZE LEGIBILITY. THE NAMES OF THE CANDIDATES  SHALL  BE  PRINTED  IN
CAPITAL LETTERS IN A LARGER BOLD TYPE FACE THAN OTHER MATTER.
  (C)  THE PARTY NAME OR OTHER DESIGNATION, AND A DESIGNATING LETTER AND
NUMBER SHALL BE AFFIXED TO THE NAME OF EACH CANDIDATE, OR,  IN  CASE  OF
PRESIDENTIAL  ELECTORS, TO THE NAMES OF THE CANDIDATES FOR PRESIDENT AND
VICE-PRESIDENT OF SUCH PARTY AND BE PRINTED IMMEDIATELY BELOW  THE  NAME
OF THE CANDIDATE IN SIMILAR TYPE BUT NOT BOLDED.
  (D)  EACH OFFICE SHALL OCCUPY AS MANY COLUMNS OR ROWS ON THE BALLOT AS
THE NUMBER OF CANDIDATES TO BE ELECTED TO THAT  OFFICE.  THE  TITLES  OF
OFFICES  MAY  BE ARRANGED HORIZONTALLY, WITH THE NAMES OF CANDIDATES FOR
AN OFFICE AND PLACE FOR WRITE-IN BALLOTS FOR SUCH OFFICE ARRANGED VERTI-
CALLY UNDER THE TITLE OF THE OFFICE, OR THE TITLES  OF  OFFICES  MAY  BE
ARRANGED  VERTICALLY, WITH THE NAMES OF CANDIDATES FOR AN OFFICE AND THE
PLACE FOR WRITE-IN BALLOTS FOR SUCH OFFICE ARRANGED  HORIZONTALLY  OPPO-
SITE THE TITLE OF THE OFFICE.
  (E)  NEXT  TO  THE  NAME  OF THE PARTY OR INDEPENDENT COMMITTEE, SHALL
APPEAR THE SYMBOL OF THE PARTY OR INDEPENDENT ENTITY AND ITS DESIGNATING
LETTER OF THE ROW OR COLUMN IN SUCH SIZE AS THE GRAPHIC IMAGE  IS  CLEAR
AND  LEGIBLE WITHIN THE VOTING BOX AT THE HEAD OF THE COLUMN OR THE ROW,
BASED UPON THE BALLOT DESIGN. THE TITLE OF THE OFFICE SHALL APPEAR IN  A
SEPARATE BOX IN A TYPE SIZE EQUAL TO THE NAME OF THE CANDIDATE. NO OTHER
SYMBOL OR IMAGE SHALL APPEAR ON THE BALLOT.
  (F)  EACH BALLOT SHALL BE PRINTED IN SECTIONS IN WHICH THE CANDIDATES'
NAMES AND POLITICAL DESIGNATIONS, THE BALLOT PROPOSALS AND OTHER  REQUI-
SITE MATTER SHALL EACH BE BOXED IN BY HEAVY BLACK PERPENDICULAR LINES OF
EQUAL WIDTH. IN EACH SUCH SECTION SHALL BE VOTING OVALS OR SQUARES WHICH
VOTERS MAY FILL IN.
  (G) FOR EACH PUBLIC OFFICE, OVALS OR SQUARES SHALL BE PROVIDED NEXT TO
THE  BLANK SPACES PROVIDED FOR A VOTER TO WRITE IN A NAME OF A CANDIDATE
WHOSE NAME DOES NOT APPEAR ON THE BALLOT.
  (H) EACH ABSTRACT OF ALL QUESTIONS, AMENDMENTS, PROPOSITIONS OR INITI-
ATIVES SUBMITTED SHALL BE IN THE SAME TYPE AS EACH OTHER. EACH SHALL  BE
IN SANS SERIF TYPE, AND SHALL WHEREVER PRACTICABLE BE ON THE FACE OF THE
BALLOT.  WHERE  IT  IS  NOT POSSIBLE TO PLACE ALL QUESTIONS, AMENDMENTS,
PROPOSITIONS OR INITIATIVES SUBMITTED ON ONE PAGE  WITH  THE  CANDIDATES
APPEARING  ON  THE  BALLOT,  ALL  QUESTIONS, AMENDMENTS, PROPOSITIONS OR
INITIATIVES SUBMITTED TO THE VOTERS SHALL BE PLACED ON  A  SECOND  PAGE.
WHEN  SUCH  QUESTIONS  PRESENTED ARE ON A SECOND PAGE, THE FIRST PAGE OF
THE BALLOT SHALL IN BOLD CAPITAL LETTERS "CONTINUE ON TO  SECOND  PAGE",
AND DIRECT THE VOTER TO THE QUESTIONS PRESENTED.
  3.  THE NAMES OF PARTIES OR INDEPENDENT BODIES WHICH CONTAIN MORE THAN
FIFTEEN LETTERS MAY, WHENEVER LIMITATIONS OF SPACE SO REQUIRE, BE PRINT-
ED ON THE BALLOT IN AN ABBREVIATED FORM. IN PRINTING THE NAMES OF CANDI-
DATES WHOSE FULL NAMES CONTAIN  MORE  THAN  FIFTEEN  LETTERS,  ONLY  THE
SURNAME  MUST  BE PRINTED IN FULL. THE OFFICER OR BOARD CHARGED WITH THE
DUTY OF PREPARING THE BALLOTS SHALL REQUEST EACH SUCH CANDIDATE TO INDI-
CATE,  IN  WRITING,  THE  SHORTENED  FORM  IN  WHICH,  SUBJECT  TO  THIS
RESTRICTION,  HIS OR HER NAME SHALL BE PRINTED. IF NO SUCH INDICATION IS
RECEIVED FROM SUCH CANDIDATE WITHIN THE TIME SPECIFIED IN  THE  REQUEST,
WHICH  TIME PERIOD SHALL NOT BE LESS THAN ONE FULL WEEK FROM THE MAILING
OF SUCH NOTICE, SUCH OFFICER OR BOARD SHALL MAKE THE NECESSARY  DETERMI-
NATION.

S. 7847                             3

  4.  THE FACE OF EACH SHEET OF THE BALLOT SHALL BEAR ONLY ONE LANGUAGE.
WHERE REQUIRED BY LAW, BALLOTS SHALL BE PRINTED TO CONTAIN A  FULL  FACE
BALLOT  IN A SECOND LANGUAGE ON THE OBVERSE OF EACH SHEET OF THE BALLOT.
IN EACH CASE, THE FACE OF A BALLOT MUST BE IN ENGLISH ON ONE SIDE AND  A
SECOND  LANGUAGE  ON  THE  OTHER  SIDE. WHERE MULTI-LANGUAGE BALLOTS ARE
REQUIRED BY LAW, VOTERS SHALL BE GIVEN THE LANGUAGE BALLOT OF CHOICE  AT
THE TIME THEY VOTE BY THE INSPECTORS OF ELECTIONS.
  5.  EACH  BALLOT SHALL BE PRINTED ON THE SHEET WITH A STUB WHICH SHALL
BE SEPARATED THEREFROM BY A LINE OF PERFORATIONS  EXTENDING  ACROSS  THE
ENTIRE  BALLOT.  ON  THE FACE OF THE STUB SHALL BE PRINTED "NO. ......."
THE BLANK TO BE FILLED WITH CONSECUTIVE NUMBER OF BALLOTS BEGINNING WITH
"NO. 1", AND INCREASING IN CONSECUTIVE NUMERICAL ORDER. ON  SUCH  BALLOT
SHALL  BE  PRINTED THE FOLLOWING INDORSEMENT, THE BLANKS PROPERLY FILLED
IN:
OFFICIAL BALLOT FOR (GENERAL, PRIMARY OR SPECIAL, AS APPLICABLE)
  ELECTION
COUNTY OF ........................
(ASSEMBLY OR LEGISLATIVE, AS APPLICABLE) DISTRICT ............
(WARD AND CITY OR TOWN ......, AS APPLICABLE).... ELECTION DISTRICT ....
(INSERT DATE OF ELECTION.)
(INSERT NAMES OF ELECTION COMMISSIONERS PROVIDING THE BALLOT.)
  6. EACH BALLOT SHALL HAVE AT THE TOP OF THE BALLOT, NEXT TO  THE  NAME
OF  THE  ISSUING  BOARD  OF  ELECTIONS A GRAPHIC DEMONSTRATING A WRITING
IMPLEMENT MARKING THE BALLOT AND NEXT TO  A  FULLY  FILLED  IN  OVAL  OR
SQUARE.
  7.  (A) BALLOTS SHALL NOT HAVE WRITTEN INSTRUCTIONS PRINTED UPON THEM.
EACH BALLOT SHALL HAVE A GRAPHIC DESIGN APPROVED BY THE STATE  BOARD  OF
ELECTIONS  HOW  TO VOTE THE BALLOT. WRITTEN INSTRUCTIONS SHALL BE POSTED
AT EACH ELECTION DISTRICT  POLLING  AREA  IN  MULTI  COPIES.  INDIVIDUAL
INSTRUCTION  SHEETS SHALL BE PROVIDED TO EACH VOTER EITHER AS A SEPARATE
PAGE OR PRINTED UPON THE PRIVACY SLEEVE ISSUED WITH EACH BALLOT.
  (B) THE INSTRUCTIONS SHALL READ AS FOLLOWS:
TO VOTE FOR A CANDIDATE, FIND THE OVAL OR SQUARE TO THE  LEFT  OF  THEIR
NAME  AND COLOR IT IN COMPLETELY. TO VOTE FOR A CANDIDATE WHOSE NAME YOU
DO NOT SEE ON THE PAGE, FOR A PARTICULAR OFFICE, CLEARLY PRINT THAT NAME
ONLY IN THE EMPTY BOX LABELED "WRITE IN". VOTE ONLY  FOR  ONE  CANDIDATE
FOR  EACH OFFICE UNLESS THE BALLOT STATES THAT YOU CAN VOTE FOR MORE. IF
YOU VOTE FOR TOO MANY FOR ONE OFFICE, THAT  VOTE  WILL  NOT  COUNT.  ANY
OTHER  MARKS, ERASURE OR WORDS SPOILS THE BALLOT.  YOU ARE ENTITLED THEN
TO GET A NEW BALLOT FROM A POLLWORKER.
  (C) NO CANDIDATE NAME SHALL APPEAR ON THE REVERSE OF ANY BALLOT.
  (D) WHEN A PROPOSITION, AMENDMENT OR INITIATIVE APPEARS ON THE BALLOT,
THEY SHOULD APPEAR ON THE FULL FACE OF THE EXISTING BALLOT.  THE  BALLOT
SHALL  BE  DIVIDED  IN  ORDER  THAT ANY QUESTION PRESENTED TO THE VOTERS
SHALL APPEAR BEGINNING AT A SEPARATE PORTION OF THE BALLOT, DIVIDED FROM
THE PORTION LISTING OFFICES AND CANDIDATES BY A HEAVY BLACK LINE.   WHEN
A  QUESTION  OR  PROPOSAL APPEARS ON THE BACK OF THE BALLOT, THERE SHALL
APPEAR AN INDORSEMENT ON THE FRONT OF THE BALLOT STATING: "TURN OVER  TO
CONTINUE  VOTING".  THE  BALLOT  SHALL,  IN  ADDITION, CONTAIN A GRAPHIC
APPROVED BY THE STATE BOARD OF ELECTIONS DEMONSTRATING THE FILLING IN OF
THE YES OR NO OVAL.   WRITTEN  INSTRUCTIONS  SHALL  BE  POSTED  AT  EACH
ELECTION  DISTRICT POLLING AREA IN MULTI COPIES.  INDIVIDUAL INSTRUCTION
SHEETS SHALL BE PROVIDED TO EACH VOTER EITHER  AS  A  SEPARATE  PAGE  OR
PRINTED  UPON  THE  PRIVACY  SLEEVE  ISSUED WITH EACH BALLOT. EACH VOTER
SHALL BE PRESUMED TO HAVE RECEIVED INSTRUCTIONS AS TO  HOW  TO  PROPERLY
COMPLETE THEIR BALLOT.

S. 7847                             4

  8.  CONSPICUOUSLY VISIBLE IN THE PRIVACY BOOTHS, AND AROUND THE VOTING
MACHINE, THERE SHALL BE POSTED WRITTEN AND GRAPHIC  INSTRUCTIONS  AS  TO
HOW TO VOTE THE BALLOT, INCLUDING REMOVAL FROM THE PRIVACY SLEEVE, FEED-
ING  THE BALLOT INTO THE MACHINE AND THE FACT, RIGHT AND CONSEQUENCES OF
AN  "OVERVOTE".  CORRECTIVE  INSTRUCTIONS  SHOULD LIKEWISE APPEAR ON THE
POSTERS AND INDIVIDUAL PRINTED SHEETS. ALL PRIVACY  SLEEVES  SHALL  HAVE
THESE INSTRUCTIONS INDORSED UPON THE OUTER FACE OF SUCH SLEEVES.
  9. CANDIDATES AND PARTIES SHALL BE LISTED ACROSS THE BALLOT IN COLUMNS
AND  OFFICES  BY ROW.  WHERE THE BALLOT REQUIRES A SECOND ROW CONTAINING
NAMES OF CANDIDATES NOMINATED FOR OFFICE BY  AN  INDEPENDENT  BODY,  THE
ROWS  ON THE BALLOT SHALL CONTAIN THE PARTY SYMBOL IN BOLD TO ENABLE THE
VOTER TO DIFFERENTIATE AMONG PERSONS ON THE  SAME  COLUMN  AND  MULTIPLE
CANDIDATES REPRESENTING DIFFERENT PARTIES.
  (A)  THE NAMES OF ALL CANDIDATES NOMINATED BY ANY PARTY OR INDEPENDENT
BODY FOR AN OFFICE SHALL ALWAYS APPEAR IN THE ROW OR  COLUMN  CONTAINING
GENERALLY THE NAMES OF CANDIDATES NOMINATED BY SUCH PARTY OR INDEPENDENT
BODY FOR OTHER OFFICES EXCEPT AS HEREINAFTER PROVIDED.
  (B) WHEN THE SAME PERSON HAS BEEN NOMINATED FOR AN OFFICE TO BE FILLED
AT  THE  ELECTION  BY  MORE  THAN  ONE PARTY, THE VOTING MACHINE AND THE
BALLOTS SHALL BE SO ADJUSTED THAT HIS OR HER NAME SHALL APPEAR  IN  EACH
ROW  OR  COLUMN  CONTAINING  GENERALLY THE NAMES OF CANDIDATES FOR OTHER
OFFICES NOMINATED BY SUCH PARTY.
  (C) IF SUCH CANDIDATE HAS ALSO BEEN NOMINATED BY ONE OR MORE INDEPEND-
ENT BODIES, HIS OR HER NAME SHALL APPEAR IN EACH ROW OR COLUMN  CONTAIN-
ING GENERALLY THE NAMES OF CANDIDATES FOR OTHER OFFICES NOMINATED BY ANY
SUCH  PARTY  AND  HIS  OR  HER  NAME  SHALL APPEAR IN EACH ROW OR COLUMN
CONTAINING GENERALLY THE NAMES OF CANDIDATES FOR OTHER OFFICES NOMINATED
BY ANY SUCH INDEPENDENT BODY.
  (D) IN THE EVENT THAT ANY CANDIDATE IS NOMINATED BY ONE OR MORE  POLI-
TICAL  PARTY  AND  BY MORE THAN TWO INDEPENDENT BODIES, AND IT IS DETER-
MINED BY THE BOARD OF ELECTIONS RESPONSIBLE FOR PREPARING  AND  PRINTING
THE  BALLOTS  THAT  IT  IS NOT POSSIBLE TO FIT THE NUMBER OF INDEPENDENT
BODIES MAKING NOMINATIONS ON THE FACE OF THE BALLOT,  THEN  HIS  OR  HER
NAME  SHALL  APPEAR  ONLY IN EACH ROW OR COLUMN CONTAINING GENERALLY THE
NAMES OF CANDIDATES FOR OTHER OFFICES NOMINATED BY ANY  SUCH  PARTY  AND
THE  NAME  OF EACH SUCH INDEPENDENT BODY SHALL APPEAR IN ONE SUCH ROW OR
COLUMN TO BE DESIGNATED BY THE CANDIDATE IN A  WRITING  FILED  WITH  THE
OFFICER  OR  BOARD  CHARGED  WITH  THE DUTY OF PRINTING BALLOTS. IF SUCH
PERSON SHALL FAIL TO SO DESIGNATE, THE NAMES OF SUCH INDEPENDENT  BODIES
SHALL APPEAR IN SUCH ROW OR COLUMN AS SUCH OFFICER OR BOARD SHALL DETER-
MINE.
  (E)  IF  ANY PERSON SHALL BE NOMINATED FOR ANY OFFICE BY ONE PARTY AND
ONE INDEPENDENT BODY, HIS OR HER NAME SHALL APPEAR ON THE VOTING MACHINE
TWICE; ONCE IN THE ROW OR  COLUMN  CONTAINING  GENERALLY  THE  NAMES  OF
CANDIDATES  FOR  OTHER  OFFICES NOMINATED BY SUCH PARTY, AND ONCE IN THE
ROW OR COLUMN CONTAINING GENERALLY THE NAMES OF CANDIDATES NOMINATED  BY
THE INDEPENDENT BODY.
  (F)  IF  ANY  PERSON IS NOMINATED FOR ANY OFFICE ONLY BY MORE THAN TWO
INDEPENDENT BODIES, AND IT IS  DETERMINED  BY  THE  BOARD  OF  ELECTIONS
RESPONSIBLE FOR PREPARING AND PRINTING THE BALLOTS THAT IT IS NOT POSSI-
BLE  TO  FIT  THE NUMBER OF INDEPENDENT BODIES MAKING NOMINATIONS ON THE
FACE OF THE BALLOT, HIS OR HER NAME SHALL  APPEAR  BUT  TWICE  UPON  THE
MACHINE  IN THE TWO ROWS OR COLUMNS TO BE DESIGNATED BY THE CANDIDATE IN
A WRITING FILED WITH THE OFFICER OR  BOARD  CHARGED  WITH  THE  DUTY  OF
PROVIDING  BALLOTS,  OR  IF THE CANDIDATE SHALL FAIL TO SO DESIGNATE, IN
THE PLACE DESIGNATED BY THE OFFICER OR BOARD CHARGED WITH  THE  DUTY  OF

S. 7847                             5

PRINTING  BALLOTS,  AND  IN  CONNECTION WITH HIS OR HER NAME THERE SHALL
APPEAR THE NAME OF EACH INDEPENDENT BODY NOMINATING HIM OR HER.
  (G) WHERE THE CAPACITY OF THE MACHINE AND BALLOT WILL PERMIT, THE NAME
OF  SUCH PERSON SHALL APPEAR OR BE PLACED IN A COLUMN OR ON A HORIZONTAL
LINE WITH THE NAMES OF PERSONS NOMINATED BY A PARTY OR INDEPENDENT  BODY
FOR OTHER OFFICES.
  10.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF THIS
SECTION, THE NAME OF A PERSON WHO IS NOMINATED FOR THE OFFICE OF  GOVER-
NOR, STATE SENATOR, OR MEMBER OF ASSEMBLY, SHALL APPEAR ON THE BALLOT AS
MANY  TIMES AS THERE ARE PARTIES OR INDEPENDENT BODIES NOMINATING HIM OR
HER, AND THERE SHALL BE A SEPARATE VOTING OVAL OR VOTING SQUARE  ON  THE
BALLOT AT EACH PLACE IN WHICH SUCH NAME SHALL APPEAR.
  11.  IF  ANY  TYPE  OF MACHINE USED IN ANY COUNTY OR CITY CONTAINS ANY
FEATURE, THE USE OF WHICH IS NEITHER  REQUIRED  NOR  PROHIBITED  BY  THE
PROVISIONS  OF  THIS CHAPTER, THE BOARD OF ELECTIONS MAY, BY RESOLUTION,
REQUEST PERMISSION FROM THE STATE BOARD OF ELECTIONS TO REQUIRE THAT ONE
OR MORE OF SUCH FEATURES SHALL BE USED IN SUCH  COUNTY.  UPON  RECEIVING
THE  PERMISSION  OF  THE  STATE BOARD OF ELECTIONS TO REQUIRE THE USE OF
PARTICULAR FEATURES, ALL MACHINES OF SUCH TYPE USED IN  SUCH  COUNTY  OR
COUNTIES  SHALL  BE OPERATED IN CONFORMITY WITH ANY SUCH APPROVED RESOL-
UTION. ANY SUCH RESOLUTION MAY THEREAFTER, WITH THE  PERMISSION  OF  THE
STATE BOARD OF ELECTIONS, BE RESCINDED BY SUCH BOARD.
  12.  WITH  RESPECT TO CANDIDATES FOR THE OFFICES OF GOVERNOR AND LIEU-
TENANT GOVERNOR OF A PARTY OR INDEPENDENT BODY, BALLOTS SHALL BE PRINTED
SO THAT THE NAMES OF SUCH CANDIDATES FOR BOTH OFFICES  SHALL  APPEAR  IN
THE  SAME  ROW  OR  COLUMN,  WITH THE NAME OF THE CANDIDATE FOR GOVERNOR
APPEARING FIRST, AND THE BALLOT SHALL BE SO ADJUSTED THAT  BOTH  OFFICES
ARE VOTED FOR JOINTLY AND HAVE BUT ONE DESIGNATING LETTER OR NUMBER.
  S  7-105.  BALLOTS,  PRINTING  OF  ADEQUATE SUPPLIES.   1. IN ORDER TO
PREVENT WASTE OR FRAUD, THE NUMBER OF BALLOTS PRINTED IN  ENGLISH  SHALL
BE  DETERMINED  BY  THE  STATE BOARD OF ELECTIONS AND CERTIFIED FOR EACH
ELECTION DISTRICT AS FOLLOWS:
  (A) FOR A PRIMARY ELECTION THE NUMBER OF BALLOTS PRINTED SHALL  BE  AT
LEAST  TEN PERCENT GREATER AND NO MORE THAN FIFTEEN PERCENT GREATER THAN
THE TOTAL NUMBER OF VOTES CAST FOR THE HIGHEST STATEWIDE OFFICE OR PRES-
IDENTIAL OFFICE, WHICHEVER IS THE GREATER IN EACH PARTY'S  LAST  PRIMARY
ELECTION;
  (B)  FOR  EACH GENERAL ELECTION THE NUMBER OF BALLOTS PRINTED SHALL BE
AT LEAST TWENTY PERCENT GREATER THAN THE TOTAL AMOUNT OF VOTES  CAST  IN
THE  MOST RECENT GENERAL ELECTION IN WHICH VOTES WERE CAST FOR THE ELEC-
TORS FOR PRESIDENT OF THE UNITED STATES.
  (C) FOR EACH SPECIAL ELECTION, THE NUMBER OF BALLOTS PRINTED SHALL  BE
AT  LEAST FIFTEEN PERCENT GREATER THAN THE NUMBER OF VOTES CAST FOR THAT
PARTICULAR OFFICE IN THE MOST RECENT GENERAL ELECTION.
  2. IN THOSE COUNTIES WHICH FEDERAL LAW REQUIRES THE  BALLOTS  PROVIDED
TO  BE  IN A LANGUAGE OTHER THAN ENGLISH, EACH BALLOT SHALL BE TWO SIDED
WITH ENGLISH ON ONE SIDE AND THE OTHER SIDE IN ONE OF EACH OF THE  ADDI-
TIONAL  LANGUAGES  REQUIRED,  SO  THAT  EACH VERSION OF THE BALLOT SHALL
CONTAIN ENGLISH ON ONE SIDE AND ONE OTHER LANGUAGE ON THE  OBVERSE.  THE
NUMBER  OF  BI-LINGUAL  BALLOTS  TO  BE PRINTED SHALL BE GOVERNED BY THE
PROVISIONS OF THIS SECTION.
  3. EACH COUNTY BOARD OF ELECTIONS  IN  SUCH  COUNTIES  SHALL  INSTRUCT
INSPECTORS  IN  PERSON AND IN THEIR TRAINING MANUAL AS TO THE PROCEDURES
TO BE FOLLOWED TO  ENSURE  THAT  EACH  VOTER  RECEIVES  THE  APPROPRIATE
LANGUAGE BALLOT. WHERE REQUIRED BY FEDERAL LAW, NO VOTER MAY BE DENIED A
BI-LINGUAL BALLOT IF SUCH IS DEMANDED.

S. 7847                             6

  4.  LOCAL  BOARDS  OF  ELECTIONS SHALL HAVE AVAILABLE AT LEAST FIFTEEN
DAYS PRIOR TO THE ELECTION, THE NUMBER OF EACH  LANGUAGE  BALLOT,  OTHER
THAN ENGLISH THAT IT HAS PRINTED AND ON HAND.
  5.  NO  LOCAL BOARD OF ELECTIONS SHALL ISSUE OR MAKE ANY REGULATION OR
PROCEDURE AS TO MULTI-LINGUAL  BALLOTS  WITHOUT  EXPRESS  AUTHORITY  AND
APPROVAL FROM THE STATE BOARD OF ELECTIONS.
  6.  WHERE A COURT OF COMPETENT JURISDICTION HAS ISSUED AN ORDER ADDING
OR REMOVING A CANDIDATE OR PROPOSITION, AMENDMENT OR INITIATIVE FROM THE
BALLOT, SUCH CHANGE TO THE BALLOT MAY NOT BE MADE IN SUCH A  WAY  AS  TO
RENDER THE BALLOT UNREADABLE.
  7.  WHERE  A  CANDIDATE  OR  PROPOSITION,  AMENDMENT OR INITIATIVE, IS
ORDERED BY A COURT OF COMPETENT JURISDICTION TO APPEAR UPON THE  BALLOT,
THE  ADJUSTED  BALLOT  SHALL  BEAR THE NAME OR PROPOSITION, AMENDMENT OR
INITIATIVE IN THE POSITION AND IN THE SAME FORM AS IT WOULD BE IF IT HAD
BEEN ORIGINALLY PLACED ON THE BALLOT. IN A GENERAL ELECTION THE NAME  OR
PROPOSITION AMENDMENT OR INITIATIVE SHALL APPEAR IN THE PREVIOUSLY EMPTY
PLACE  ON  THE  BALLOT OCCASIONED BY THE REMOVAL. IN SUCH CASES IN WHICH
THE PRINTED BALLOTS FAIL TO CONTAIN THE NAME OF A CANDIDATE,  AFTER  THE
ISSUANCE OF AN ORDER OF THE COURT REQUIRING ITS PLACEMENT ON THE BALLOT,
THE  PRIMARY  ELECTION  SHALL BE VOIDABLE BY FURTHER ORDER OF THE COURT,
UPON A SHOWING THAT THE OUTCOME OF THE  ELECTION  WOULD  HAVE  BEEN  THE
ELECTION  OF THE PERSON ERRONEOUSLY DEPRIVED OF A PLACE ON THE BALLOT IN
A PROCEEDING UNDER ARTICLE SIXTEEN OF THIS CHAPTER.  IN  SUCH  CASES  IN
WHICH  THE  PRINTED  BALLOT  FAILS TO CONTAIN THE NAME OF A CANDIDATE OR
PROPOSITION, AMENDMENT OR INITIATIVE, AFTER THE ISSUANCE OF AN ORDER  OF
THE  COURT,  THE  GENERAL ELECTION SHALL BE VOIDABLE BY FURTHER ORDER OF
THE COURT, UPON A SHOWING THAT THE OUTCOME OF  THE  ELECTION  WAS  MATE-
RIALLY  ALTERED  BY THE FAILURE TO INCLUDE THE NAME OF THE CANDIDATE, OR
PROPOSITION, AMENDMENT OR INITIATIVE, ON THE  BALLOT,  IN  A  PROCEEDING
UNDER ARTICLE SIXTEEN OF THIS CHAPTER.
  S 2. This act shall take effect January 1, 2015.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.