S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7439
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in relation to  removing  party  lines
   from ballots for all elections that are not presidential or gubernato-
   rial
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7-104 of the election law, as  amended  by  chapter
 411 of the laws of 2019, is amended to read as follows:
   §  7-104.  Ballots;  form  of.  1. All ballots shall be printed and/or
 displayed in a format and arrangement, of such uniform size and style as
 will fit the ballot, and shall be in  as  plain  and  clear  a  type  or
 display as the space will reasonably permit, using only sans serif print
 fonts. Such type or display on the ballot shall satisfy all requirements
 and standards set forth pursuant to the federal Help America Vote Act.
   2.  [The]  FOR  PRESIDENTIAL  AND  GUBERNATORIAL RACES FOR OFFICE, THE
 names of parties or independent bodies which contain more  than  fifteen
 letters may, whenever limitations of space so require, be printed on the
 ballot in an abbreviated form. In printing the names of candidates 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  certify-
 ing  the candidates for such office shall request each such candidate to
 indicate, 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,
 such officer or board shall make the necessary determination.
   3.  (a)  The  party  name or other designation 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.
   (b)  [A]  FOR  PRESIDENTIAL  AND  GUBERNATORIAL  RACES  FOR  OFFICE, A
 column/row designating number may be affixed to the name of each  candi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08740-04-1

 A. 7439                             2
 
 date,  or  in  the  case  of  presidential electors, to the names of the
 candidates for president and vice-president of such party.
   (c) The titles of offices may be arranged horizontally, with the names
 of  candidates  for an office and the space, slot or device for write-in
 votes for such office arranged vertically 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 space, slot or device for write-in
 votes for such office arranged horizontally opposite the  title  of  the
 office.
   (d)  Each office shall occupy as many columns or rows on the ballot as
 the number of candidates to be elected to  that  office[,  except  where
 candidate  placements  due  to  cross  endorsements  require  additional
 columns or rows] AND SHALL BE CONTAINED WITHIN ITS OWN  SECTION  OF  THE
 BALLOT.
   4.  (a)  The  names of all candidates nominated [by any party or inde-
 pendent 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] SHALL
 APPEAR ONLY ONCE PER OFFICE TO BE FILLED AT  THE  ELECTION,  EXCEPT  FOR
 PRESIDENTIAL AND GUBERNATORIAL RACES FOR OFFICE.
   (b)  [When]  FOR  PRESIDENTIAL AND GUBERNATORIAL RACES FOR OFFICE, THE
 FOLLOWING MAY APPLY:
   (I) WHEN the same person has been nominated for an office to be filled
 at the election by more than one party, the voting machine 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 any such party.
   [(c)] (II) If such candidate has also been nominated by  one  or  more
 independent  bodies,  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  candi-
 date  in a writing filed with the officer or board charged with the duty
 of certifying the candidates for such office, or 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 determine.
   [(d)] (III) If any person shall be nominated for  any  office  by  one
 party and two or more independent bodies his or her name shall appear on
 the  ballot  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 designated by such person in a writing
 filed with the officer or board charged with the duty of certifying  the
 candidates  for  such  office  and  in  connection with the name of such
 person in such [row or] column shall appear the name of each independent
 body nominating him or her or, if such person shall fail  to  so  desig-
 nate,  the  name  of  such  candidate  and the names of such independent
 bodies shall appear in such [row or] column as  such  officer  or  board
 shall determine.
   [(e)] (IV) If any person is nominated for any office only by more than
 one  independent  bodies, his or her name shall appear but once upon the
 machine 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
 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
 certifying the candidates for such office, and in connection with his or

 A. 7439                             3
 
 her name there shall appear the name of each independent body nominating
 him  or her, but, where the capacity of the ballot will permit, the name
 of such person shall not appear or be placed in a column [or on a  hori-
 zontal  line]  with  the names of persons nominated by a party for other
 offices.
   5. Notwithstanding the provisions of subdivision four of this section,
 the name of a person who is nominated for the  office  of  PRESIDENT  OR
 governor[, or state senator, or member of assembly,] shall appear on the
 ballot as many times as there are parties or independent bodies nominat-
 ing  him  or  her, and there shall be a separate voting position at each
 place in which such name shall appear.
   6. If any type of machine used in any  county  or  city  contains  any
 feature  approved  by  the state board of elections, the use of which is
 neither required nor prohibited by the provisions of this  chapter,  the
 board  of elections may, by resolution, require that one or more of such
 features shall be used in such county. Thereafter all machines  of  such
 type  used  in  such county or city shall be operated in conformity with
 any such resolution. Any such resolution may thereafter be rescinded  by
 such  board  and  after being so rescinded may be re-adopted. Once re-a-
 dopted by any board of elections, such a resolution may not be rescinded
 again by such board.
   7. [The] FOR PRESIDENTIAL AND  GUBERNATORIAL  RACES  FOR  OFFICE,  THE
 ballot  shall have printed upon it in black ink for each [party or inde-
 pendent row, at the head of the column  or  the  beginning  of  the  row
 containing the names of candidates] CANDIDATE, the name of the CANDIDATE
 AND  THE  NAME  OF  EACH  party  or independent body and the designating
 letter of the row or column.
   8. With respect to candidates for the offices of governor and lieuten-
 ant 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 appear-
 ing first and the ballot shall be so  adjusted  that  both  offices  are
 voted  for  jointly  [and  have  but  one  designating  number  if  such
 column/row designating numbers are utilized].
   9. In those counties in which ballots are required by federal law,  or
 otherwise,  to be provided in a language other than English, there shall
 be versions of the ballot printed in English and in each  of  the  addi-
 tional  languages  required  so  that  each  version of the ballot shall
 contain English and no more than two other languages. The  county  board
 of  elections  in  such  counties  shall  instruct, in their poll worker
 training and materials, the procedures to be  followed  to  ensure  that
 each voter receives a ballot with the appropriate language as determined
 by the state board.
   10. Each ballot shall contain instructions for marking the ballot. The
 instructions shall be printed in line lengths no wider than five inches.
 Ballot instructions may be printed on the front or back of the ballot or
 on a separate sheet or card. If such instructions are not printed on the
 front  of the ballot, there shall be printed on the ballot, in the larg-
 est size type practicable, the following legend:  "See  instructions  on
 the  other  side"  or  "See  instructions (insert where instructions are
 found)", whichever is appropriate.
   11. The offices appearing on  all  ballots  shall  be  listed  in  the
 customary order.
   12.  If  two  or more candidates are nominated for the same office for
 different terms, the term for which each is nominated shall  be  printed
 as a part of the title of the office.

 A. 7439                             4
 
   13.  The  text  for  ballot  instructions  shall  be  substantially as
 follows, so that it accurately reflects the ballot layout:
 
                               INSTRUCTIONS

 Mark  the  (insert  "oval"  or "square") to the left of the name of your
 choice. (Provide illustration of correctly-marked voting position here.)
 To vote for a candidate whose name is not printed on the ballot, (insert
 "mark the oval (or square) to the left of 'write-in' and print the  name
 clearly"  or  "print  the  name clearly in the box labeled 'write-in'"),
 staying within the box. Any mark or writing outside the spaces  provided
 for  voting  may void the entire ballot. The number of choices is listed
 for each contest. Do not  mark  the  ballot  for  more  candidates  than
 allowed.  If  you  do,  your vote in that contest will not count. If you
 make a mistake, or want to change your vote, ask a poll worker for a new
 ballot.
   14. The state board of elections shall  provide  line  drawing  illus-
 trations to supplement these instructions. At a minimum, an illustration
 of  the correct way to mark the ballot shall be provided, but nothing in
 this section shall be construed to limit the board  in  providing  addi-
 tional illustrations.
   15.   When   a  question  or  proposal  is  included  on  the  ballot,
 instructions substantially like the following shall be included:
 
            Instructions for Voting on Questions and Proposals
 
 To vote on a question or proposal, mark the (insert "oval" or  "square")
 to the (insert "left", "above" or "below") of your choice. If you make a
 mistake,  or  want  to  change  your  vote,  ask a poll worker for a new
 ballot.
   16. When a question or proposal appears on the  back  of  the  ballot,
 there shall appear on the front of the ballot words or a symbol indicat-
 ing that the voter should turn over the ballot.
   17.  The voting oval or square shall be to the left of the name of the
 candidate.
   18. All text, including the name of  each  candidate  as  provided  in
 subdivision  three  of  this  section,  shall  be printed using standard
 capitalization in accordance with instructions  provided  by  the  state
 board of elections and shall not be printed using all capital letters.
   19.  The  ballot  shall  use one font or font family with enough vari-
 ations for all text needs.
   20. "Vote for one" or "Vote for up to ......" (the blank space  to  be
 filled  with  the  number  of  persons to be nominated for the office or
 elected to the position), as applicable, shall  be  printed  immediately
 below each office title appearing on the ballot.
   21. No party emblems shall be printed on the ballot.
   22.  The  names  of candidates for the same office shall appear on the
 same page and in the same column or columns or row or rows of that  page
 of a printed ballot, and may not be separated by a perforation.
   23.  All text, including the title of each office and the name of each
 candidate, shall be printed flush left and shall not be centered on  the
 ballot  or in any column or row appearing on the ballot; provided howev-
 er, in a multi-column or multi-row contest,  the  title  and  number  of
 allowable selections to be made for each such office may be centered.
   24.  If  used,  shading shall be used consistently, so as to differen-
 tiate instructions from ballot section dividers and contest information.

 A. 7439                             5
 
   25. Above, below, or to the right of the name of each candidate, shall
 be printed, in less prominent type face than that in  which  the  candi-
 date's  name is printed, the name of [the] EACH political party or inde-
 pendent body by which the candidate was nominated or designated.
   26.  All  paper  ballots  of  the same kind for the same polling place
 shall be identical.
   27. To the extent practicable, the ballot shall also comply  with  the
 following specifications:
   (a)  The  instructions  in  subdivision  ten  of this section shall be
 printed in the upper left hand corner of the front of the ballot;
   (b) The name of each candidate shall be printed using a font  size  of
 not less than nine points;
   (c)  When the instructions are contained on the ballot, there shall be
 a clear delineation between the ballot instructions and the first office
 or ballot question or proposal through the use of  white  space,  illus-
 tration, shading, color, font size, or bold type.
   §  2. Section 7-116 of the election law, subdivisions 2, 3, 4 and 6 as
 amended by chapter 411 of the laws of 2019, subdivision 3-a as added  by
 chapter 143 of the laws of 1996, subdivision 5 as amended by chapter 279
 of  the  laws  of 1992, and subdivision 7 as added by chapter 173 of the
 laws of 2017, is amended to read as follows:
   § 7-116. Ballots; order of names on.  1.  In  printing  the  names  of
 candidates  on  the  ballot FOR PRESIDENTIAL AND GUBERNATORIAL RACES FOR
 OFFICE, the candidate or candidates of the party which  polled  for  its
 candidate  for the office of governor at the last preceding election for
 such office the highest number of votes,  shall  be  THE  FIRST  row  or
 column  [A  or  one]  and  the  candidates of the other parties shall be
 placed on such ballot in descending order of such votes.
   [2. The officer or board who or which prepares the ballot shall deter-
 mine the order in which shall appear, below the names  of  party  candi-
 dates  the  nominations made only by independent bodies. Such officer or
 board also shall determine the order in which shall be printed the names
 of two or more candidates nominated by one party  or  independent  body,
 for  an office to which two or more persons are to be elected; provided,
 however, that any such candidate may, by a writing filed with such board
 or officer not later than three business days after the  adjournment  of
 the  convention or one week after the primary election nominating him or
 her, or otherwise not later than two days after the filing of the  peti-
 tion  or  certificate  nominating  him or her, demand that such order be
 determined by lot, and in that case such order shall be  so  determined,
 upon  two  days  notice  by  mail given by such board or officer to each
 candidate for such office. The state board of  elections  shall  perform
 the  duties  required  by  this subdivision in all cases affecting nomi-
 nations filed in its office.
   3. The officer or board with whom or which are filed the  designations
 for  a  public office or party position shall determine by lot, upon two
 days notice by mail given by such board or officer to each candidate for
 such office or position and to the  committee,  if  any,  named  in  the
 designating  petition,  the order in which shall be printed on the offi-
 cial primary ballot, under the title of  the  office  or  position,  the
 names  of  candidates  for  public office, the names of candidates for a
 party position to which not more than one person is to be  elected,  and
 the  groups  of names of candidates for party position where two or more
 persons are to be elected thereto and any  petition  designates  two  or
 more  persons therefor, provided, however, that whenever groups of names
 for more than one party position are designated by  the  same  petition,

 A. 7439                             6

 the  order in which they shall be printed on the official primary ballot
 shall be determined by a single lot. Candidates for delegate  or  deleg-
 ates  and  alternate  delegate or delegates to conventions designated by
 the same petition shall, for the purpose of this subdivision, be treated
 as  one  group. The names of candidates, if any, for a party position to
 which two or more persons are to be elected, who are designated by indi-
 vidual petitions and not in a group shall be printed after such group or
 groups, in such order between themselves, as such officer or board shall
 determine by lot upon the notice  specified  in  this  subdivision.  The
 names  within a group of candidates designated for party position by one
 petition shall be printed in the same order in which they appear in  the
 petition,  unless they appear in a different order on different pages of
 the petition, in which case their order within the group shall be deter-
 mined by such officer or board by lot upon the notice specified in  this
 subdivision. Candidates for members of a state committee designated by a
 single  petition shall, for the purposes of this subdivision, be treated
 as one group. However, the notice to a committee of the drawing need not
 be mailed to more than five members, if there be that many,  and  as  to
 offices  or  party  positions  for which designating petitions are filed
 with the board of elections of the city of New York the notice shall  be
 given to the committees only.
   3-a.  The  state board of elections shall prescribe the method, or two
 or more alternative  methods,  for  making  the  determinations  by  lot
 required  by  subdivisions  two  and  three of this section. Each county
 board of elections shall adopt one of such methods at least ninety  days
 before any election to which such method shall apply.
   4.] 2. IN PRINTING THE NAMES OF CANDIDATES ON THE BALLOT FOR ALL OTHER
 ELECTIONS,  THE  CANDIDATE OR CANDIDATES OF THE PARTY WHICH  POLLED  FOR
 ITS CANDIDATE FOR THE OFFICE AT THE LAST  PRECEDING  ELECTION  FOR  SUCH
 OFFICE THE HIGHEST NUMBER OF VOTES, SHALL BE THE FIRST ROW OR COLUMN AND
 THE  CANDIDATES  OF  THE OTHER PARTIES SHALL BE PLACED ON SUCH BALLOT IN
 DESCENDING ORDER OF SUCH VOTES.
   3. If a vacancy in a designation or nomination  be  filled  after  the
 making,  in  the  manner provided in this section, of a determination of
 the order in which the names of candidates for the  office  or  position
 are  to be printed, to the extent practicable, the name of the candidate
 designated or nominated to fill such vacancy shall  be  printed  in  the
 place so determined for the original candidate.
   [5.]  4.  The  titles  of  public  offices shall appear on ballots for
 primary elections in the same consecutive order that they will appear on
 the general election ballot. The titles of  the  party  positions  shall
 appear  in  the  following  order:  member  of state committee, assembly
 district leader, associate assembly district leader, members  of  county
 committee in the city of New York, delegate or delegates to conventions,
 alternate  delegate  or  delegates to conventions, and members of county
 committee in counties outside of the city of New York.  Where,  pursuant
 to  the  rules  of  the county committee, the party position involved is
 that of assembly district leader or associate assembly  district  leader
 for  a  part of an assembly district, such part shall be so indicated in
 the title on the ballot.
   [6.] 5. (a) In cases where a name is added  to  or  removed  from  the
 ballot  by  court  order too late to make a complete adjustment to these
 requirements feasible, the name may be added at the end of the  list  of
 candidates  in all election districts, or removed from the ballot in all
 election districts without changing the  previously  arranged  order  of
 other names and without invalidating the election. Any inadvertent error

 A. 7439                             7

 in  the  order  of names discovered too late to correct the order of the
 names on the ballots concerned shall not invalidate an election.
   (b)  Except where a contest or candidate is removed from the ballot by
 court order too late to make complete  compliance  with  this  paragraph
 feasible,  the  title  of  each  public office or party position and the
 names of the candidates for such office or  position  appearing  on  any
 ballot  used  for  primary  elections  over  which  the  county board of
 elections has jurisdiction shall appear on such ballot immediately adja-
 cent to one another, either horizontally or  vertically;  and  no  blank
 spaces  shall  separate  the names of candidates actually running for an
 office or party position on such ballot, and no blank spaces shall sepa-
 rate any two such offices or positions which appear on  such  ballot  in
 the same column or row.
   [7.]6.  Whenever a county board of elections or the board of elections
 in the city of New York must conduct a primary election in  the  respec-
 tive  county or the city of New York in which separate contests for both
 male and female candidates for the same party position are to be printed
 upon the ballots, the respective county board of elections or the  board
 of  elections  in the city of New York shall determine by lot whether to
 first print the contest for the male candidates or the contest  for  the
 female  candidates.  After  such  determination, the same order shall be
 used for all ballots printed by the board of elections  for  the  entire
 county  or  city  of  New  York  and  for  all  contests where there are
 elections separated by male and female candidates  for  the  same  party
 position.
   §  3.  Section  2-104 of the election law, subdivision 1 as amended by
 chapter 659 of the laws of 1994 and subdivision 2 as amended by  chapter
 234 of the laws of 1976, is amended to read as follows:
   §  2-104.  County committee; creation. 1. The county committee of each
 party shall be constituted by the election  in  each  election  district
 within  such  county  of  at  least  two  members and of such additional
 members, not in excess of two, as the rules of the county  committee  of
 the  party  within the county or the statement filed pursuant hereto may
 provide for such district, proportional  to  the  [party]  vote  in  the
 district  for  governor at the last preceding gubernatorial election, or
 in case the boundaries of such district  have  been  changed  or  a  new
 district  has  been  created  since  the  last  preceding  gubernatorial
 election, proportional to the [party] vote cast for member  of  assembly
 or  in  the  event  there  was  no election for member of assembly, then
 proportional to the number of enrolled voters  of  such  party  in  such
 district  on  the list of enrolled voters last published by the board of
 elections, excluding voters in inactive status; PROVIDED THAT EACH PARTY
 WHICH NOMINATED SUCH CANDIDATE FOR SUCH OFFICE SHALL  RECEIVE  THE  SAME
 PROPORTION.  In a county in which no additional members are provided for
 by the rules of the county committee or  the  statement  filed  pursuant
 hereto  the  voting  power of each member shall be in proportion to such
 [party] vote or, if the election district which such  member  represents
 was  created  or changed since the last election for member of assembly,
 proportional to such party enrollment. In a county in  which  additional
 members are so provided for, on the basis of the [party] vote or enroll-
 ment  in  election  districts within such county, each member shall have
 one vote. Each member of a county committee shall be an  enrolled  voter
 of the party residing in the county and the assembly district from which
 or  in  the  assembly district containing the election district in which
 such member is elected except that a member of a county  committee  who,
 as  a  result  of  an  alteration  of assembly district lines, no longer

 A. 7439                             8
 
 resides within such assembly district may  continue  to  serve  for  the
 balance of the term to which he was elected.
   2.  If,  pursuant  to section one of article thirteen of the constitu-
 tion, such committee or a state convention of the party shall provide by
 rule for equal representation of the sexes on such committee, the  rules
 of  such  committee relative to additional members, either from election
 districts or at large, shall be formulated and applied  in  such  manner
 that  the  whole  membership  shall  consist  of an even number, equally
 divided between the sexes. When any such rule provides for equal  repre-
 sentation  of  the  sexes, the designating petitions and primary ballots
 shall list candidates for such party positions separately by sexes.
   3. Notwithstanding the provisions of subdivision one of this  section,
 a  county  committee  of a party shall be legally constituted if twenty-
 five per centum of the committeemen required to be elected in such coun-
 ty, as provided in subdivision one of this section, have been elected.
   § 4. Section 6-124 of the election law, as amended by chapter  876  of
 the laws of 1977, is amended to read as follows:
   §  6-124.  Conventions; judicial. A judicial district convention shall
 be constituted by the election at the preceding primary of delegates and
 alternate delegates, if any, from  each  assembly  district  or,  if  an
 assembly  district shall contain all or part of two or more counties and
 if the rules of the party shall so provide, separately from the part  of
 such  assembly district contained within each such county. The number of
 delegates and alternates, if any, shall be determined  by  party  rules,
 but  the  number  of delegates shall be substantially in accordance with
 the ratio, which the number of votes cast for the [party] candidate  for
 the office of governor, [on the line or column of the party] at the last
 preceding election for such office, in any unit of representation, bears
 to the total vote cast at such election for such candidate [on such line
 or column] in the entire state; PROVIDED THAT EACH PARTY WHICH NOMINATED
 SUCH  CANDIDATE  FOR  SUCH OFFICE SHALL RECEIVE THE SAME PROPORTION. The
 number of alternates from any district shall not exceed  the  number  of
 delegates  therefrom.    The delegates certified to have been elected as
 such, in the manner provided in  this  chapter,  shall  be  conclusively
 entitled  to  their seats, rights and votes as delegates to such conven-
 tion. When a duly elected delegate does not attend the  convention,  his
 place shall be taken by one of the alternates, if any, to be substituted
 in  his  place, in the order of the vote received by each such alternate
 as such vote appears upon the certified list and if an equal  number  of
 votes were cast for two or more such alternates; the order in which such
 alternates  shall  be  substituted  shall be determined by lot forthwith
 upon the convening of the  convention.  If  there  shall  have  been  no
 contested  election for alternate, substitution shall be in the order in
 which the name of such alternate appears upon the certified list, and if
 no alternates shall have been elected or if no alternates appear at such
 convention, then the delegates present  from  the  same  district  shall
 elect a person to fill the vacancy.
   §  5. This act shall take effect one year after it shall have become a
 law and shall apply to all elections which occur on or after such date.