S. 8153 2
(or ward and city or town) ......................... Election
District ..............]
OFFICIAL BALLOT FOR (GENERAL, PRIMARY OR SPECIAL, AS APPLICA-
BLE)
ELECTION
COUNTY OF ........................
(ASSEMBLY OR LEGISLATIVE, AS APPLICABLE) DISTRICT
.....................
(WARD AND CITY OR TOWN .................., AS APPLICA-
BLE)............
ELECTION DISTRICT ...........................
([Date of Election] INSERT DATE OF ELECTION.)
([Facsimile of the signature of officer or officers] INSERT
NAMES OF ELECTION COMMISSIONERS providing the ballot.)
5. [On the stub at the top of the ballot or on the edge of such] THE
FOLLOWING ballot INSTRUCTIONS shall be printed in heavy black type [the
following instructions]:
INSTRUCTIONS
(1) Mark only with a [pen having blue or black ink or with a pencil
having black lead] WRITING INSTRUMENT PROVIDED BY THE BOARD OF
ELECTIONS.
(2) To vote for a candidate whose name is printed on this ballot [make
a single cross X mark or a check V mark in one of] FILL IN the [squares
to the right of an emblem opposite his or her name] (INSERT OVAL OR
SQUARE, AS APPLICABLE) ABOVE OR NEXT TO THE NAME OF THE CANDIDATE.
(3) To vote for a person whose name is not printed on this ballot
write or stamp his or her name [on a blank line under the names of the
candidates for that office.] IN THE SPACE LABELED "WRITE-IN" THAT
APPEARS (INSERT AT THE BOTTOM OF THE COLUMN, THE END OF THE ROW OR AT
THE BOTTOM OF THE CANDIDATE NAMES, AS APPLICABLE) FOR SUCH OFFICE (AND,
IF REQUIRED BY THE VOTING SYSTEM IN USE AT SUCH ELECTION, THE
INSTRUCTIONS SHALL ALSO INCLUDE "AND FILL IN THE (INSERT OVAL OR SQUARE,
AS APPLICABLE) CORRESPONDING WITH THE WRITE-IN SPACE IN WHICH YOU HAVE
WRITTEN IN A NAME").
(4) To vote yes or no on a proposal [make a single X or V mark in the
square opposite your vote], IF ANY, THAT APPEARS ON THE (INDICATE WHERE
ON THE BALLOT THE PROPOSAL MAY APPEAR) FILL IN THE (INSERT OVAL OR
SQUARE, AS APPLICABLE) THAT CORRESPONDS TO YOUR VOTE.
(5) Any other mark or writing, or any erasure made on this ballot
outside the voting squares or blank spaces provided for voting will void
this entire ballot.
(6) Do not overvote. If you select a greater number of candidates than
there are vacancies to be filled, your ballot will be void for that
public office [or], party position OR PROPOSAL.
(7) If you tear, or deface, or wrongly mark this ballot, return it and
obtain another. Do not attempt to correct mistakes on the ballot by
making erasures or cross outs. Erasures or cross outs may invalidate all
or part of your ballot. Prior to submitting your ballot, if you make a
mistake in completing the ballot or wish to change your ballot choices,
you may obtain and complete a new ballot. You have a right to a replace-
ment ballot upon return of the original ballot.
S. 8153 3
(8) AFTER COMPLETING YOUR BALLOT, INSERT IT INTO THE BALLOT SCANNER
AND WAIT FOR THE NOTICE THAT YOUR BALLOT HAS BEEN SUCCESSFULLY SCANNED.
IF NO SUCH NOTICE APPEARS, SEEK THE ASSISTANCE OF AN ELECTION INSPECTOR.
6. THE INSTRUCTIONS IN SUBDIVISION FIVE OF THIS SECTION 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 LARGEST SIZE TYPE FOR WHICH THERE
IS ROOM, THE FOLLOWING LEGEND: "SEE INSTRUCTIONS ON THE OTHER SIDE" OR
"SEE ENCLOSED INSTRUCTIONS", WHICHEVER IS APPROPRIATE.
7. Each such ballot shall be printed in sections in which the candi-
dates' names[, emblems] and political designations, the ballot proposals
and other requisite matter shall each be boxed in by heavy black PERPEN-
DICULAR lines OF EQUAL WIDTH. [On the ballot] IN EACH SUCH SECTION shall
be voting OVALS OR squares [in] which voters may [make their voting
marks] FILL IN. [All voting squares shall be bounded by heavy black
lines, the perpendicular lines to be not less than one-sixteenth of an
inch wide. The voting squares and the spaces occupied by the emblem
shall have a depth and width of five-sixteenths of an inch. No voting]
IF APPLICABLE, OVALS OR squares shall be provided [in front of] NEXT TO
the blank spaces provided for a voter to write in a name.
S 2. Paragraphs (c) and (d) of subdivision 1 of section 7-122 of the
election law, paragraph (c) as amended by chapter 259 of the laws of
1991, paragraph (d) as amended by chapter 9 of the laws of 1978, subpar-
agraph 3 of paragraph (d) as amended by chapter 156 of the laws of 1994,
subparagraph 4 of paragraph (d) as amended by chapter 352 of the laws of
1986, subparagraph 5 of paragraph (d) as amended by chapter 118 of the
laws of 1985 and subparagraphs 6 and 7 of paragraph (d) as added by
chapter 244 of the laws of 2003, are amended to read as follows:
(c) The indorsement shall be printed [on the front of the ballot and
may also be printed on the back of the ballot just to the right of
center, and outside when the ballot is folded] AND PROPERLY FILLED IN:
[Absentee Ballot for General (or Primary or Special) Election County
of.................... (Date of Election.) (Facsimile of the signature
of officer or officers providing the ballot.)]
OFFICIAL ABSENTEE BALLOT FOR (GENERAL, PRIMARY OR SPECIAL, AS APPLICA-
BLE)
ELECTION
COUNTY OF......................
(ASSEMBLY OR LEGISLATIVE, AS APPLICABLE) DISTRICT................
(WARD AND CITY OR TOWN, AS APPLICABLE)...........................
(INSERT DATE OF ELECTION)
(INSERT NAMES OF ELECTION COMMISSIONERS PROVIDING THE BALLOT)
(d) On the front of the ballot PREPARED FOR COUNTING BY HAND, shall be
printed in heavy black type the following instructions:
INSTRUCTIONS
1. Mark in pen or pencil.
2. To vote for a candidate whose name is printed on this ballot, make
a single cross X mark or a single check, V mark in the voting square
above the name of the candidate.
3. To vote for a person whose name is not printed on this ballot write
or stamp [the] HIS OR HER name in the [blank] space [which] THAT appears
at the bottom of the column [under the title of the office.] OR THE END
OF THE ROW (INDICATE WHERE ON THE BALLOT THE WRITE-IN SPACE APPEARS)
CONTAINING THE TITLE OF THE OFFICE.
S. 8153 4
4. To vote on a proposal make a cross X mark or a check V mark in one
of the squares contained in the box setting forth such proposal.
5. Any other mark or writing, or any erasure made on this ballot
outside the voting squares or blank spaces provided for voting will void
this entire ballot.
6. Do not overvote. If you select a greater number of candidates than
there are vacancies to be filled, your ballot will be void for that
public office [or], party position OR PROPOSAL.
7. If you tear, or deface, or wrongly mark this ballot, call the board
of elections at ([Insert] INSERT phone number here) for instructions on
how to obtain a new ballot. Do not attempt to correct mistakes on the
ballot by making erasures or cross outs. Erasures or cross outs may
invalidate all or part of your ballot. Prior to submitting your ballot,
if you make a mistake in completing the ballot or wish to change your
ballot choices, you may obtain and complete a new ballot. You have a
right to a replacement ballot upon return of the original ballot.
S 3. Section 7-104 of the election law, as amended by chapter 654 of
the laws of 1985, subdivision 1 as amended by chapter 181 of the laws of
2005, paragraph (b) of subdivision 4 and subdivision 7 as amended,
subdivision 8 as added and subdivisions 9 and 10 as renumbered by chap-
ter 262 of the laws of 1986, and subdivision 6 as amended by chapter 79
of the laws of 1992, is amended to read as follows:
S 7-104. Ballots; form of, voting machine. 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 frame, and shall be in as plain
and clear a type or display as the space will reasonably permit. Such
type or display on the ballot shall satisfy all requirements and stand-
ards set forth pursuant to the federal Help America Vote Act.
2. 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 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. [The face of the ballot shall be completely covered with a protec-
tive covering of smooth, hard, transparent material so that it shall be
impossible to alter the face of the ballot without removing or breaking
such covering.
4.] (a) The [party emblem for each political party represented on the
machine, and 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 presi-
dent and vice-president of such party.
(b) The titles of offices may be arranged horizontally, with the names
of candidates for an office and the slot or device for write-in ballots
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 slot or device for write-in ballots for
such office arranged horizontally opposite the title of the office.
(c) Each office shall occupy as many columns or rows on the machine as
the number of candidates to be elected to that office.
S. 8153 5
[5.] 4. (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 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) If such candidate has also been nominated by one or more independ-
ent 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 [and emblem] 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 providing ballots, or if such person shall fail to so designate,
the names [and emblems] of such independent bodies shall appear in such
row or column as such officer or board shall determine.
(d) 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
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 nomi-
nated by the independent body designated by such person in a writing
filed with the officer or board charged with the duty of providing
ballots and in connection with the name of such person in such row or
column shall appear the name [and emblem] of each independent body nomi-
nating him OR HER or, if such person shall fail to so designate, the
name of such candidate and the names [and emblems] of such independent
bodies shall appear in such row or column as such officer or board shall
determine.
(e) 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 provid-
ing ballots, or if the candidate shall fail to so designate, in the
place designated by the officer or board charged with the duty of
providing ballots, and in connection with his OR HER name there shall
appear the name [and emblem] of each independent body nominating him OR
HER, but, where the capacity of the machine will permit, the name of
such person shall not appear or be placed in a column or on a horizontal
line with the names of persons nominated by a party for other offices.
[6.] 5. Notwithstanding the provisions of subdivision [five] FOUR of
this section, the name of a person who is nominated for the office of
governor, or state senator, or member of assembly, shall appear on the
ballot [labels of the machine] as many times as there are parties or
independent bodies nominating him OR HER, and there shall be a separate
voting and registering device at each place in which such name shall
appear.
[7. The machine shall be so adjusted that when levers or devices for
voting, and slots or devices for write-in ballots, equal to the total
number of persons to be elected to an office or position shall have been
operated, all other such levers or devices for voting, and slots or
devices for write-in ballots used in connection with that office or
position shall be thereby locked. All levers or devices shall be locked
S. 8153 6
in any space which does not contain the name of a candidate or a ques-
tion to be voted on.
8.] 6. 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,
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-adopted by any board of elections, such a
resolution may not be rescinded again by such board.
[9] 7. The [board of elections shall provide a card or printed slip
to be placed in the card holder which] BALLOT shall have printed upon it
in black ink for each party or independent row, AT THE HEAD OF THE
COLUMN OR THE BEGINNING OF THE ROW containing the names of candidates,
the image of a closed fist with index finger extended pointing to the
party or independent row. [Inset within the image of the fist on a white
space] IN THE SAME SPACE, in black letters as large as the space will
permit, shall be printed the name of the party or independent body and
at the right of the fist and below the index finger shall be printed in
black ink the emblem and the designating letters of the row or column.
[10.] 8. With respect to candidates for the offices of governor and
lieutenant 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 [machine] BALLOT shall be so adjusted
that both offices are voted for jointly and have but one designating
letter or number.
S 4. Subdivisions 2, 3, 4, 5, 8, 9 and 10 of section 7-122 of the
election law, subdivisions 2 and 3 as added and subdivisions 4 and 9 as
renumbered by chapter 352 of the laws of 1986, subparagraphs 6 and 7 of
paragraph (e) and subparagraphs 5 and 6 of paragraph (f) of subdivision
2 as added by chapter 244 of the laws of 2003, subdivision 4 as amended
by chapter 647 of the laws of 1982, subdivisions 5 and 8 as amended by
chapter 235 of the laws of 2000, subdivision 9 as amended by chapter 227
of the laws of 1983 and subdivision 10 as amended by chapter 216 of the
laws of 1988, are amended to read as follows:
2. The following provisions shall apply to all absentee ballots
prepared for counting by A ballot [counting machines] SCANNER and all
other provisions of this chapter not inconsistent with this subdivision
shall be applicable to such ballots[.]:
(a) The party emblem need not be printed next to the name of each
candidate.
(b) [The blank spaces provided for the voter to write in a name may be
on the back of the ballot.
(c)] The ballot proposals may be on the back of the ballot, or on a
separate ballot.
[(d) The election district, the ward or legislative district if any,
the town or city and the assembly district (in New York city and Nassau
county) shall be written, stamped or printed on the back of each such
ballot.
(e) If such ballot is a ballot which is marked with a writing instru-
ment, the] (C) THE printed instructions to the voter shall read as
follows:
INSTRUCTIONS
1. Mark only with [the] A PEN OR pencil [supplied with this ballot].
S. 8153 7
2. To vote for a candidate whose name is printed on this ballot, fill
in the [voting square] (INSERT OVAL OR SQUARE, AS APPLICABLE) above
[(]or next to[)] the name of the candidate.
3. To vote for a person whose name is not printed on this ballot,
write [the] OR STAMP HIS OR HER name in the [blank] space [(indicate
where on ballot the write-in line appears)] LABELED "WRITE-IN" THAT
APPEARS (INSERT AT THE BOTTOM OF THE COLUMN OR THE END OF THE ROW, AS
APPLICABLE) containing the title of the office[.] AND, IF REQUIRED BY
THE VOTING SYSTEM IN USE AT SUCH ELECTION, THE INSTRUCTIONS SHALL ALSO
INCLUDE "AND FILL IN THE (INSERT OVAL OR SQUARE, AS APPLICABLE) CORRE-
SPONDING WITH THE WRITE-IN SPACE IN WHICH THE VOTER HAS WRITTEN A NAME."
4. To vote YES OR NO on a proposal, IF ANY, THAT APPEARS ON THE (INDI-
CATE WHERE ON THE BALLOT THE PROPOSAL MAY APPEAR) fill in [one of the
squares contained in] the [box setting forth such proposal] (INSERT OVAL
OR SQUARE, AS APPLICABLE) THAT CORRESPONDS TO YOUR VOTE.
5. Any other mark or writing, or any erasure made on this ballot
outside the voting squares or blank spaces provided for voting will void
this entire ballot.
6. Do not overvote. If you select a greater number of candidates than
there are vacancies to be filled, your ballot will be void for that
public office [or], party position OR PROPOSAL.
7. If you tear, or deface, or wrongly mark this ballot, call the board
of elections at ([Insert] INSERT phone number here) for instructions on
how to obtain a new ballot. Do not attempt to correct mistakes on the
ballot by making erasures or cross outs. Erasures or cross outs may
invalidate all or part of your ballot. Prior to submitting your ballot,
if you make a mistake in completing the ballot or wish to change your
ballot choices, you may obtain and complete a new ballot. You have a
right to a replacement ballot upon return of the original ballot.
[(f) If such ballot is a ballot in which holes are to be punched, the
printed instructions to the voter shall read as follows:
INSTRUCTIONS
1. To vote for a candidate whose name is printed on this ballot, punch
out the voting square (or circle) above (or next to) the name of the
candidate.
2. To vote for a person whose name is not printed on this ballot,
write the name in the blank space (indicate where on ballot write-in
line appears) containing the title of the office.
3. To vote on a proposal, punch out one of the squares (or circles)
contained in the box setting forth such proposal.
4. Any other mark or writing, or any erasure made on this ballot
outside the voting squares (or circles) or blank spaces provided for
voting will void this entire ballot.
5. Do not overvote. If you select a greater number of candidates than
there are vacancies to be filled, your ballot will be void for that
public office or party position.
6. If you tear, or deface, or wrongly mark this ballot, call the board
of elections at (Insert phone number here) for instructions on how to
obtain a new ballot. Prior to submitting your ballot, if you make a
mistake in completing the ballot or wish to change your ballot choices,
you may obtain and complete a new ballot. You have a right to a replace-
ment ballot upon return of the original ballot.
(g)] (D) Such 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 largest size type for which there is room, the following
S. 8153 8
legend: "See instructions on other side" or "See enclosed instructions",
whichever is appropriate.
[(h)] (E) Such ballots which are to be counted by A ballot [counting
machines] SCANNER may consist of two or more [cards] SHEETS, which are
divided into perforated sections which can be separated at the time of
canvassing.
3. [The board of elections shall deliver to each voter, together with
each ballot which is marked with a writing instrument, an instrument
whose markings can be read by such machines and together with each
ballot in which holes are punched, an instrument suitable for punching
the necessary holes in such ballot.
4.] The determination of the appropriate county board of elections as
to the candidates duly designated or nominated for public office or
party position whose name shall appear on the absentee ballot and as to
ballot proposals to be voted on shall be made no later than the day
after the state board of elections issues its certification of those
candidates to be voted for at the general, special or primary election.
The determinations of the state board of elections and the respective
county boards of elections shall be final and conclusive with respect to
such offices for which petitions or certificates are required to be
filed with such boards, as the case may be but nothing herein contained
shall prevent a board of elections, or a court of competent jurisdiction
from determining at a later date that any such certification, desig-
nation or nomination is invalid and, in the event of such later determi-
nation, no vote cast for any such nominee by any voter shall be counted
at the election.
5. The board of elections shall furnish with each absentee ballot an
INNER AFFIRMATION envelope. On one side of the envelope shall be print-
ed:
OFFICIAL ABSENTEE BALLOT
for
GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
........., 20.....
Name of voter.........................................
Residence (street and number if any)..................
City/or town of.......(village, if any)...............
County of.............................................
Assembly district [(only in New York City and county of
Nassau)]..............................................
LEGISLATIVE DISTRICT (AS APPLICABLE)..................
Ward (AS APPLICABLE)..................................
Election District.....................................
Party Enrollment (in case of primary election)........
8. On the reverse side of such INNER AFFIRMATION envelope shall be
printed the following statement:
[STATEMENT OF ABSENTEE VOTER] AFFIRMATION
I do declare that I am a citizen of the United States, that I am duly
registered in the election district shown on the reverse side of this
envelope and I am qualified to vote in such district; that I will be
unable to appear personally on the day of the election for which this
ballot is voted at the polling place of the election district in which I
am a qualified voter because of the reason given on my application here-
tofore submitted; that I have not qualified nor do I intend to vote
S. 8153 9
elsewhere, that I have not committed any act nor am I under any imped-
iment which denies me the right to vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.................20..... .....................................
Signature or mark of voter
.....................................
Signature of Witness (required only
if voter does not sign his own name)
.....................................
Address of Witness
9. The INNER AFFIRMATION envelope shall be gummed, ready for sealing,
and shall have printed thereon, on the side opposite the statement,
instructions as to the duties of the voter after the marking of the
ballot, which instructions shall include a specific direction stating
when such [envelope] BALLOT must be postmarked and when such [envelope]
BALLOT must reach the office of the board of elections in order to be
canvassed.
10. Each ballot envelope shall be enclosed in [a second] AN OUTER
envelope addressed to the APPROPRIATE board of elections and bearing ON
IT a specific direction that if an ORIGINAL application for AN absentee
ballot is received with the ballot, such application must be completed
by the voter and returned in [such] THE OUTER envelope together with the
SEALED INNER AFFIRMATION envelope containing the absentee ballot WITHIN
THE TIME LIMITS FOR RECEIPT OF THE ABSENTEE BALLOT ITSELF. Such [second
envelope] INNER AFFIRMATION ENVELOPE AND OUTER ENVELOPE shall be
enclosed in a third envelope addressed to the absentee voter. The
[second] OUTER and third envelopes shall have printed on the face there-
of the words "Election Material--Please Expedite".
S 5. This act shall take effect immediately.
