The New York State Senate

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

                                  7492

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the election law, in relation to simplifying ballots

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

  Section 1. This act shall be known and may  be  cited  as  the  "voter
friendly ballot act of 2011".
  S  2.  Section 7-104 of the election law, as amended by chapter 165 of
the laws of 2010, 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.  (a) 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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11215-02-1

A. 7492                             2

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]
BALLOT as the number of candidates to be elected to that office.
  4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing generally the names of candidates nominated by such party  or  inde-
pendent 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] BALLOT
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 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 provid-
ing  ballots, or if such person shall fail to so designate, the names of
such independent bodies shall appear in such row or column as such offi-
cer 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] 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
providing ballots 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 designate,  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) If any person is nominated for any office  only  by  ONE  OR  more
[than  one] independent bodies BUT NOT BY A PARTY, his or her name shall
appear but once upon the [machine] BALLOT 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 providing ballots, and in connection with
his or her name there shall appear the name  of  each  independent  body
nominating  him  or her, but, where the capacity of the [machine] BALLOT
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.
  5. Notwithstanding the provisions of subdivision 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 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.
  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

A. 7492                             3

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.
  7. [The 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. 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.
  8.] 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 3. Section 7-106 of the election law, the section heading and subdi-
visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
as renumbered by chapter 165 of the laws of 2010, is amended to read  as
follows:
  S 7-106.  Election day paper ballots; form of.  1. 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. Such ballots shall be printed on paper of  a
quality,  size,  color,  and  weight  approved  by  the  state  board of
elections.  THE BALLOT MAY NOT BE THE SAME COLOR AS SAMPLE BALLOTS.
  2. BEFORE  EACH  STATEWIDE  ELECTION,  THE  BOARD  SHALL  PUBLISH  AND
DISTRIBUTE A MASTER TEMPLATE BALLOT TO THE COUNTIES;
  3. All paper ballots of the same kind for the same polling place shall
be  identical.  [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,  political  designations, and the reading form of all questions
submitted. The names of candidates shall be printed in  capital  letters
in black-faced type.
  3.]  4.  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 regular numerical order.
  [4.] 5. On such ballot shall be printed the following indorsement, the
blanks properly filled in:

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 ...........................

A. 7492                             4

(Insert date of election.)
(Insert names of election commissioners providing the ballot.)

  [5.  The following ballot instructions shall be printed in heavy black
type:
                              INSTRUCTIONS
  (1) Mark only with a writing  instrument  provided  by  the  board  of
elections.
  (2)  To vote for a candidate whose name is printed on this ballot fill
in the (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 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, 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, 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.
  (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  inspec-
tor.]
  6.  [The]  EACH  BALLOT  SHALL  CONTAIN  INSTRUCTIONS  FOR MARKING THE
BALLOT. THE INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER  THAN
FIVE  INCHES.  THE  TEXT  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, (ILLUSTRATION PROVIDED HERE.)
TO VOTE FOR A CANDIDATE WHOSE NAME IS NOT PRINTED ON THE BALLOT, (INSERT
"MARK  THE OVAL TO THE LEFT OF 'WRITE-IN' AND PRINT THE NAME CLEARLY" OR
"PRINT THE NAME CLEARLY UNDER THE WORDS 'WRITE-IN'"), STAYING WITHIN THE
BOX.
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.
  7.  TO  THE EXTENT PRACTICABLE, THE instructions in subdivision [five]
SIX of this section [may] SHALL be printed on the [front or back of  the

A. 7492                             5

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] UPPER LEFT HAND CORNER  OF  THE
FRONT  OF  THE  BALLOT.  THE STATE BOARD OF ELECTIONS SHALL PROVIDE LINE
DRAWING ILLUSTRATIONS 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 ADDITIONAL INSTRUCTIONS.
  [7. Each such ballot shall be printed in sections in which the  candi-
dates'  names and political designations, the ballot proposals and other
requisite 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. If applicable, ovals or squares  shall
be  provided next to the blank spaces provided for a voter to write in a
name.
  8. The space for the title of an office shall be three-eighths  of  an
inch,  and  the name of a candidate or for writing in a name, one-fourth
of an inch, in depth. At the left of the name of each designated  candi-
date  shall  be  an  enclosed  voting space, three-eighths of an inch in
width and approximately one-fourth of an inch in depth,  bounded  above,
below and to the right by black lines, heavier than those which separate
the  spaces  containing  the  names of candidates. To the left of voting
spaces which do not adjoin a vertical line  dividing  two  parts,  there
shall be a heavy black vertical line approximately one-eighth of an inch
in  width. No voting space shall be provided in the space for writing in
names.  In such case, the space corresponding to a voting space shall be
all black.
  9. Below the names of the candidates for each office or position there
shall be printed as many blank spaces, for writing in names  of  persons
for whom the voter desires to vote, as there are persons to be nominated
or elected.
  10.  In  case  the sections shall be so numerous as to make the ballot
unwieldy if they are printed in one column, they may be  printed  in  as
many  columns  as  shall  be  necessary,  and  in that case, in order to
produce a rectangular ballot, blank sections may be used.
  11.] 8. WHEN A  QUESTION  OR  PROPOSAL  IS  INCLUDED  ON  THE  BALLOT,
INSTRUCTIONS  SUBSTANTIALLY  LIKE THE FOLLOWING SHALL BE INCLUDED ON THE
BALLOT NEAR THE FIRST QUESTION OR PROPOSAL:
INSTRUCTIONS FOR VOTING FOR QUESTIONS AND PROPOSALS
TO VOTE ON A QUESTION OR PROPOSAL, MARK THE INSERT ("OVAL" OR  "SQUARE")
TO THE LEFT OF YOUR CHOICE.
IF  YOU  MAKE  A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK A POLL WORKER
FOR A NEW BALLOT.
  9. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO  COMPLY  WITH  THE
FOLLOWING SPECIFICATIONS:
  A.  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 APPEARING ON THE BALLOT;
  B.  THE  VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE
CANDIDATE;
  C. ALL TEXT, INCLUDING THE NAME OF EACH CANDIDATE,  SHALL  BE  PRINTED
USING  STANDARD  CAPITALIZATION IN ACCORDANCE WITH INSTRUCTIONS PROVIDED
BY THE STATE BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPI-
TAL LETTERS;

A. 7492                             6

  D. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARIATIONS
FOR ALL TEXT NEEDS;
  E.  THE  BALLOT  SHALL  HAVE  A  CLEAR  DELINEATION BETWEEN THE BALLOT
INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH
THE USE OF WHITE SPACE, ILLUSTRATION, SHADING, COLOR, SYMBOL, FONT SIZE,
OR BOLD TYPE;
  F. COLOR AND SHADING SHALL BE USED CONSISTENTLY, SO  AS  TO  DIFFEREN-
TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION;
  G.  IF  MORE  THAN  ONE  CANDIDATE IS TO BE ELECTED IN ANY RACE ON THE
BALLOT, "VOTE FOR UP TO X" (PROVIDING THE MAXIMUM NUMBER  OF  CANDIDATES
TO  BE  ELECTED)  SHALL  BE  PRINTED IMMEDIATELY BELOW EACH OFFICE TITLE
APPEARING ON THE BALLOT;
  H. UNDER, OR TO THE RIGHT OF THE NAME  OF  EACH  CANDIDATE,  SHALL  BE
PRINTED,  IN LESS PROMINENT TYPE FACE THAN THAT IN WHICH THE CANDIDATE'S
NAME IS PRINTED, THE NAME OF THE POLITICAL PARTY BY WHICH THE  CANDIDATE
WAS  NOMINATED  OR CERTIFIED. NO PARTY EMBLEMS SHALL BE PRINTED UNDER OR
AFTER THE CANDIDATE'S NAME THAT IS PRINTED ON THE BALLOT;
  I. THE NAMES OF CANDIDATES TO THE SAME OFFICE SHALL APPEAR ON THE SAME
PAGE AND IN THE SAME COLUMN OF THAT PAGE OF A PRINTED BALLOT, UNLESS  NO
ALTERNATIVE IS POSSIBLE.
  10. 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. [No emblem
shall occupy a space longer in any direction than the voting  square  to
which it relates.]
  S 4. This act shall take effect immediately.

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

                                 7492--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced by M. of A. KAVANAGH, HEVESI -- read once and referred to the
  Committee  on  Election  Law  --  committee  discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted to the Committee on Election Law in accordance with Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in  relation  to  enacting  the  voter
  friendly ballot act

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

  Section 1. This act shall be known and may  be  cited  as  the  "voter
friendly ballot act".
  S  2.  Section 7-104 of the election law, as amended by chapter 165 of
the laws of 2010, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11215-06-2

A. 7492--B                          2

  3.  (a) 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.
  (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.
  4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing generally the names of candidates nominated by such party  or  inde-
pendent 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  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 provid-
ing ballots, or if such person shall fail to so designate, the names  of
such independent bodies shall appear in such row or column as such offi-
cer 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 of each independent body nominating him  or
her  or,  if  such  person  shall fail to so designate, 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)  If  any  person  is  nominated for any office only by ONE OR more
[than one] independent bodies BUT NOT BY A PARTY, his or her name  shall
appear  but once upon the machine in one such row or column to be desig-
nated 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 providing ballots, and in connection with his
or her name there shall appear the name of each independent  body  nomi-
nating  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.
  5. Notwithstanding the provisions of subdivision four of this section,
the name of a person who is nominated for the  office  of  governor,  or

A. 7492--B                          3

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  and  registering  device  at  each
place in which such name shall appear.
  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.
  7.  [The 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.  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.
  8.]  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 3. Section 7-106 of the election law, the section heading and subdi-
visions  1, 3, 4, 5, 6 and 7 as amended and subdivisions 8, 9, 10 and 11
as renumbered by chapter 165 of the laws of 2010, is amended to read  as
follows:
  S 7-106.  Election day paper ballots; form of.  1. 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. Such ballots shall be printed on paper of  a
quality,  size,  color,  and  weight  approved  by  the  state  board of
elections.  THE BALLOT MAY NOT BE THE SAME COLOR AS SAMPLE BALLOTS.
  2. BEFORE  EACH  STATEWIDE  ELECTION,  THE  BOARD  SHALL  PUBLISH  AND
DISTRIBUTE A MASTER TEMPLATE BALLOT TO THE COUNTIES;
  3. All paper ballots of the same kind for the same polling place shall
be  identical.  [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,  political  designations, and the reading form of all questions
submitted. The names of candidates shall be printed in  capital  letters
in black-faced type.
  3.]  4.  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 regular numerical order.
  [4.] 5. On such ballot shall be printed the following indorsement, the
blanks properly filled in:

Official  Ballot for (General, Primary or Special, as applica-
ble)
Election

A. 7492--B                          4

County of ........................
(Assembly    or    Legislative,    as   applicable)   District
.....................
(Ward  and  City  or  town  ..................,  as   applica-
ble)............
Election District ...........................

(Insert date of election.)
(Insert names of election commissioners providing the ballot.)

  [5.  The following ballot instructions shall be printed in heavy black
type:
                              INSTRUCTIONS
  (1) Mark only with a writing  instrument  provided  by  the  board  of
elections.
  (2)  To vote for a candidate whose name is printed on this ballot fill
in the (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 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, 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, 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.
  (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  inspec-
tor.]
  6.  [The]  EACH  BALLOT  SHALL  CONTAIN  INSTRUCTIONS  FOR MARKING THE
BALLOT. THE INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER  THAN
FIVE  INCHES.  THE  TEXT  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, (ILLUSTRATION PROVIDED HERE.)
TO VOTE FOR A CANDIDATE WHOSE NAME IS NOT PRINTED ON THE BALLOT, (INSERT
"MARK  THE OVAL TO THE LEFT OF 'WRITE-IN' AND PRINT THE NAME CLEARLY" OR

A. 7492--B                          5

"PRINT THE NAME CLEARLY UNDER THE WORDS 'WRITE-IN'"), STAYING WITHIN THE
BOX.
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.
  7. TO THE EXTENT PRACTICABLE, THE instructions in  subdivision  [five]
SIX  of this section [may] SHALL 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] UPPER LEFT HAND CORNER  OF  THE
FRONT  OF  THE  BALLOT.  THE STATE BOARD OF ELECTIONS SHALL PROVIDE LINE
DRAWING ILLUSTRATIONS 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 ADDITIONAL INSTRUCTIONS.
  [7. Each such ballot shall be printed in sections in which the  candi-
dates'  names and political designations, the ballot proposals and other
requisite 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. If applicable, ovals or squares  shall
be  provided next to the blank spaces provided for a voter to write in a
name.
  8. The space for the title of an office shall be three-eighths  of  an
inch,  and  the name of a candidate or for writing in a name, one-fourth
of an inch, in depth. At the left of the name of each designated  candi-
date  shall  be  an  enclosed  voting space, three-eighths of an inch in
width and approximately one-fourth of an inch in depth,  bounded  above,
below and to the right by black lines, heavier than those which separate
the  spaces  containing  the  names of candidates. To the left of voting
spaces which do not adjoin a vertical line  dividing  two  parts,  there
shall be a heavy black vertical line approximately one-eighth of an inch
in  width. No voting space shall be provided in the space for writing in
names.  In such case, the space corresponding to a voting space shall be
all black.
  9. Below the names of the candidates for each office or position there
shall be printed as many blank spaces, for writing in names  of  persons
for whom the voter desires to vote, as there are persons to be nominated
or elected.
  10.  In  case  the sections shall be so numerous as to make the ballot
unwieldy if they are printed in one column, they may be  printed  in  as
many  columns  as  shall  be  necessary,  and  in that case, in order to
produce a rectangular ballot, blank sections may be used.
  11.] 8. WHEN A  QUESTION  OR  PROPOSAL  IS  INCLUDED  ON  THE  BALLOT,
INSTRUCTIONS  SUBSTANTIALLY  LIKE THE FOLLOWING SHALL BE INCLUDED ON THE
BALLOT NEAR THE FIRST QUESTION OR PROPOSAL:
INSTRUCTIONS FOR VOTING FOR QUESTIONS AND PROPOSALS
TO VOTE ON A QUESTION OR PROPOSAL, MARK THE INSERT ("OVAL" OR  "SQUARE")
TO THE LEFT OF YOUR CHOICE.
IF  YOU  MAKE  A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK A POLL WORKER
FOR A NEW BALLOT.
  9. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO  COMPLY  WITH  THE
FOLLOWING SPECIFICATIONS:

A. 7492--B                          6

  A.  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;
  B.  THE  VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE
CANDIDATE;
  C. ALL TEXT, INCLUDING THE NAME OF EACH CANDIDATE,  SHALL  BE  PRINTED
USING  STANDARD  CAPITALIZATION IN ACCORDANCE WITH INSTRUCTIONS PROVIDED
BY THE STATE BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPI-
TAL LETTERS;
  D. THE NAME OF EACH CANDIDATE SHALL BE PRINTED USING A  FONT  SIZE  OF
NOT LESS THAN TWELVE POINTS OR ONE SIXTH OF AN INCH;
  E. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARIATIONS
FOR ALL TEXT NEEDS;
  F.  THE  BALLOT  SHALL  HAVE  A  CLEAR  DELINEATION BETWEEN THE BALLOT
INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH
THE USE OF WHITE SPACE, ILLUSTRATION, SHADING, COLOR, SYMBOL, FONT SIZE,
OR BOLD TYPE;
  G. COLOR AND SHADING SHALL BE USED CONSISTENTLY, SO  AS  TO  DIFFEREN-
TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION;
  H.  IF  MORE  THAN  ONE  CANDIDATE IS TO BE ELECTED IN ANY RACE ON THE
BALLOT, "VOTE FOR UP TO X" (PROVIDING THE MAXIMUM NUMBER  OF  CANDIDATES
TO  BE  ELECTED)  SHALL  BE  PRINTED IMMEDIATELY BELOW EACH OFFICE TITLE
APPEARING ON THE BALLOT;
  I. UNDER, OR TO THE RIGHT OF THE NAME  OF  EACH  CANDIDATE,  SHALL  BE
PRINTED,  IN LESS PROMINENT TYPE FACE THAN THAT IN WHICH THE CANDIDATE'S
NAME IS PRINTED, THE NAME OF THE POLITICAL PARTY BY WHICH THE  CANDIDATE
WAS  NOMINATED  OR CERTIFIED. NO PARTY EMBLEMS SHALL BE PRINTED UNDER OR
AFTER THE CANDIDATE'S NAME THAT IS PRINTED ON THE BALLOT;
  J. THE NAMES OF CANDIDATES TO THE SAME OFFICE SHALL APPEAR ON THE SAME
PAGE AND IN THE SAME COLUMN OR ROW OF THAT PAGE  OF  A  PRINTED  BALLOT,
UNLESS NO ALTERNATIVE IS POSSIBLE.
  10. 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. [No emblem
shall occupy a space longer in any direction than the voting  square  to
which it relates.]
  S  4.  Paragraph (g) of subdivision 2 of section 7-114 of the election
law, as amended by chapter 234 of the laws of 1976, is amended  to  read
as follows:
  (g)  Spaces  containing  names of candidates and for writing in names,
and intervening spaces on the paper ballot, shall be separated by  light
horizontal  lines.  Names  of  candidates  shall  be printed [in capital
letters] not less than one-eighth [nor more than three-sixteenths] of an
inch in height.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

                                 7492--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, HEVESI, PEOPLES-STOKES, ROSENTHAL,
  SCHIMEL -- Multi-Sponsored by -- M. of A.  TITONE  --  read  once  and
  referred  to  the  Committee  on Election Law -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  recommitted to the Committee on Election Law in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the election law, in relation to the form of ballots;
  and to repeal section 7-126 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. Paragraph a of subdivision 3 and paragraph b of subdivision
4  of  section 7-102 of the election law, as added by chapter 371 of the
laws of 1990, are amended to read as follows:
  a. In the event that a candidate in a primary election  believes  that
the  name  of  another candidate for the same office or position at such
election is sufficiently similar to his OR HERS so as to cause confusion
among the voters, such candidate may, not later than five days after the
last day to file the certificates or petitions of designation, file with
the board of elections with which  such  certificates  or  petitions  of
designation  are  filed, a request that such board determine that such a
sufficient similarity exists.
  b. Each candidate for an office or position for which such numbers are
assigned may file with such board, not later than  fourteen  days  after
such determination, any or all of the information permitted by paragraph
a  of  this  subdivision in the form in which such candidate wishes such
information to appear in such leaflet. If  such  board  determines  that
such  filing  does not comply with the requirements of this subdivision,
it shall notify such candidate  forthwith  by  first  class  mail.  Such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11215-08-2

A. 7492--C                          2

candidate  may  file  revised information with such board not later than
ten days after such notice was mailed. If a candidate does  not  make  a
filing  within  the  times  prescribed  by this paragraph, the words "no
information supplied" shall appear next to his OR HER name on such leaf-
let.
  S  2.  Section 7-104 of the election law, as amended by chapter 165 of
the laws of 2010, 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, 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 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,
such officer or board shall make the necessary determination.
  3.  (a)  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, EXCEPT IN  THE  CITY  OF  NEW  YORK  A
DESIGNATING  LETTER  AND NUMBER NEED NOT BE SO AFFIXED ON A BALLOT FOR A
PRIMARY ELECTION.
  (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.
  4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing  generally  the names of candidates nominated by such party or inde-
pendent 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 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 provid-
ing  ballots, or if such person shall fail to so designate, the names of
such independent bodies shall appear in such row or column as such offi-
cer or board shall determine.

A. 7492--C                          3

  (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 of each independent body nominating him or
her or, if such person shall fail to so  designate,  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) 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  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.
  5. Notwithstanding the provisions of subdivision 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 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.
  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.
  7.  The  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. 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] 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 letter or number.
  S 3. Section 7-106 of the election law, the section heading and subdi-
visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
as renumbered by chapter 165 of the laws of 2010, are amended to read as
follows:

A. 7492--C                          4

  S  7-106.  [Election day paper ballots; form of] BALLOTS; FORM OF, FOR
BALLOT SCANNERS;  GENERAL,  PRIMARY,  OR  SPECIAL  ELECTIONS.  1.  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. Such ballots shall be
printed on paper of a quality, size, color, and weight [approved] ESTAB-
LISHED by the state board of elections, AND  SHALL  BE  CLEARLY  DISTIN-
GUISHABLE FROM SAMPLE BALLOTS BY SIZE, COLOR, OR OTHER MEANS.
  2.  [All  paper  ballots  of  the same kind for the same polling place
shall be identical. 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,  political  designations, and the reading form of all ques-
tions submitted. The names of candidates shall  be  printed  in  capital
letters  in black-faced type.] BEFORE EACH STATEWIDE ELECTION, THE STATE
BOARD OF ELECTIONS SHALL PUBLISH AND DISTRIBUTE TO THE COUNTY BOARDS  OF
ELECTIONS  A  SAMPLE MASTER TEMPLATE OF THAT PORTION OF THE BALLOT WHICH
RELATES TO STATEWIDE OFFICES.
  3. ALL TYPE SHALL BE SANS SERIF. NAMES OF CANDIDATES  SHALL  BE  IN  A
UNIFORM STYLE AND SIZE OF TYPE USING STANDARD CAPITALIZATION.  TITLES OF
OFFICES  SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE.  POLITICAL DESIG-
NATIONS SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE. THE  FORM  OF  ALL
QUESTIONS SUBMITTED SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE.
  4.  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 regular numerical order.
  [4.] 5. On such ballot shall be printed the following indorsement, the
blanks properly filled in:

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 ...........................

(Insert date of election.)
(Insert names of election commissioners providing the ballot.)

  [5.  The following ballot instructions shall be printed in heavy black
type:
                              INSTRUCTIONS
  (1) Mark only with a writing  instrument  provided  by  the  board  of
elections.
  (2)  To vote for a candidate whose name is printed on this ballot fill
in the (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 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

A. 7492--C                          5

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, 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, 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.
  (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 and political designations, the ballot proposals and  other
requisite  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. If applicable, ovals or squares shall
be provided next to the blank spaces provided for a voter to write in  a
name.
  8.  The  space for the title of an office shall be three-eighths of an
inch, and the name of a candidate or for writing in a  name,  one-fourth
of  an inch, in depth. At the left of the name of each designated candi-
date shall be an enclosed voting space,  three-eighths  of  an  inch  in
width  and  approximately one-fourth of an inch in depth, bounded above,
below and to the right by black lines, heavier than those which separate
the spaces containing the names of candidates. To  the  left  of  voting
spaces  which  do  not  adjoin a vertical line dividing two parts, there
shall be a heavy black vertical line approximately one-eighth of an inch
in width. No voting space shall be provided in the space for writing  in
names.  In such case, the space corresponding to a voting space shall be
all black.
  9. Below the names of the candidates for each office or position there
shall  be  printed as many blank spaces, for writing in names of persons
for whom the voter desires to vote, as there are persons to be nominated
or elected.
  10. In case the sections shall be so numerous as to  make  the  ballot
unwieldy  if  they  are printed in one column, they may be printed in as
many columns as shall be necessary,  and  in  that  case,  in  order  to
produce a rectangular ballot, blank sections may be used.]

A. 7492--C                          6

  6.  EACH BALLOT SHALL CONTAIN INSTRUCTIONS FOR MARKING THE BALLOT. THE
INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER THAN FIVE INCHES.
THE TEXT 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 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 CLEAR-
LY IN THE BOX LABELED 'WRITE-IN'"), STAYING WITHIN THE  BOX.  ANY  MARK,
WRITING, OR ERASURE OUTSIDE THE SPACES PROVIDED FOR VOTING WILL 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.
  7.  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.
  8. WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT, INSTRUCTIONS
SUBSTANTIALLY LIKE THE FOLLOWING SHALL BE INCLUDED ON  THE  BALLOT  NEAR
THE FIRST QUESTION OR PROPOSAL:
  INSTRUCTIONS FOR VOTING FOR QUESTIONS AND PROPOSALS
  TO  VOTE  ON  A  QUESTION  OR  PROPOSAL,  MARK  THE  (INSERT "OVAL" OR
"SQUARE") TO THE LEFT OF YOUR CHOICE. IF YOU MAKE A MISTAKE, OR WANT  TO
CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT.
  9.  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.
  10. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY  WITH  THE
FOLLOWING SPECIFICATIONS:
  A. THE INSTRUCTIONS IN SUBDIVISION SIX OF THIS SECTION SHALL BE PRINT-
ED IN THE UPPER LEFT HAND CORNER OF THE FRONT OF THE BALLOT;
  B.  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;
  C.  THE  VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE
CANDIDATE;
  D. 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;
  E.  THE  NAME  OF EACH CANDIDATE SHALL BE PRINTED USING A FONT SIZE OF
NOT LESS THAN TWELVE POINTS OR ONE SIXTH OF AN INCH;
  F. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARIATIONS
FOR ALL TEXT NEEDS;
  G. THE BALLOT SHALL  HAVE  A  CLEAR  DELINEATION  BETWEEN  THE  BALLOT
INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH
THE USE OF WHITE SPACE, ILLUSTRATION, SHADING, COLOR, SYMBOL, FONT SIZE,
OR BOLD TYPE;
  H.  COLOR  AND  SHADING SHALL BE USED CONSISTENTLY, SO AS TO DIFFEREN-
TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION;
  I. "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

A. 7492--C                          7

ELECTED TO THE POSITION), AS APPLICABLE, SHALL  BE  PRINTED  IMMEDIATELY
BELOW EACH OFFICE TITLE APPEARING ON THE BALLOT;
  J.  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 POLITICAL PARTY OR INDEPENDENT
BODY BY WHICH THE CANDIDATE WAS NOMINATED OR DESIGNATED;
  K. NO PARTY EMBLEMS SHALL BE PRINTED ON THE BALLOT;
  L. THE NAMES OF CANDIDATES FOR THE SAME OFFICE  SHALL  APPEAR  ON  THE
SAME  PAGE AND IN THE SAME COLUMN(S) OR ROW(S) OF THAT PAGE OF A PRINTED
BALLOT, AND MAY NOT BE SEPARATED BY A PERFORATION.
  11.  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 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,
such officer or board shall make the necessary determination. [No emblem
shall occupy a space longer in any direction than the voting  square  to
which it relates.]
  S  4.  The  section  heading and subdivision 3 of section 7-108 of the
election law are amended to read as follows:
  Ballots; form for GENERAL elections; ADDITIONAL REQUIREMENTS.
  [3. In every instance where multiple casting of votes is permitted for
two or more candidates for the same office or position, the  instruction
on  the ballot or machine shall read "Vote for any.........", (the blank
space to be filled with the number of persons to be  nominated  for  the
office or elected to the position).]
  S  5.  Section 7-110 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
  S 7-110. Ballots; form for ballot proposals; ADDITIONAL  REQUIREMENTS.
Ballot proposals shall appear on the voting machine or ballot in a sepa-
rate  section.  At  the  left of, or below or above, each proposal shall
appear [two voting levers or] two voting [squares, each  at  least  one-
half  inch square] POSITIONS. Next to the first [lever or square] VOTING
POSITION shall be printed the word "Yes," and next to the second  [lever
or square] VOTING POSITION shall be printed the word "No." The proposals
shall  be  numbered  consecutively  on the voting machine or ballot. The
number of each proposal shall appear in front of its designation  as  an
amendment,  proposition  or  question  in the following form:  "Proposal
one, an amendment; proposal two, a proposition; proposal three, a  ques-
tion".
  S  6.  Section 7-114 of the election law, as amended by chapter 234 of
the laws of 1976, paragraph (c) of subdivision 1 as amended  by  chapter
433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
chapter 461 of the laws of 1977, is amended to read as follows:
  S  7-114. Ballots; form for primary election; ADDITIONAL REQUIREMENTS.
1. (a) [The] ON THE face of the official ballot for a  primary  election
[shall be divided into parts.  Descriptive words to indicate the purpose
of each part shall be printed at its head. Beginning at the left or top,
the first part shall be entitled, and shall be for "Candidates] CONTESTS
AND CANDIDATES for nomination for public office[". The second part shall
be  entitled, and shall be for "Candidates] SHALL APPEAR FIRST, FOLLOWED
BY CONTESTS AND CANDIDATES for party positions.[" When necessary, a part

A. 7492--C                          8

may be divided into two or more columns or rows, but the] THE  names  of
all persons designated for the same office or party position shall be in
the same column or row.
  (b)  [In each part shall be printed the titles of the offices or party
positions, as the case may be, for which the part is  to  be  used,  and
under  each  such  title  shall  be  printed the names of the designated
candidates for the office or position.
  (c)] Where a candidate for nomination for the same  public  office  or
for  election  to  the  same party position is designated by two or more
petitions, his OR HER name shall be  placed  upon  the  ballot  for  the
primary election but once as such a candidate.
  [(d)]  (C)  The ballot shall not contain a space for voting for candi-
dates for uncontested offices and positions,  and  no  ballot  shall  be
printed  for  a party whose primary is uncontested unless a petition for
opportunity to ballot has been filed.
  2. (a) The paper ballot for a primary election shall  conform  to  the
form for paper ballots set forth in this article with respect to quality
and  weight  of  paper,  perforated line, and number on the stub [on the
back of the ballot].
  (b) [On the back of the paper ballot, on the stub,  immediately  below
the  number,  shall  be the name of the party. On the back of the ballot
and below the stub, and immediately to the left of  the  center  of  the
ballot, and on the front of the ballot, below the perforated line, shall
be  printed,  in  addition  to  the other information required for paper
ballots, the name and emblem of the party and the words "Official prima-
ry ballot."
  (c) On the front of the stub, above the perforated line at the top  of
the paper ballot shall be printed the same instructions as on the gener-
al election ballot.
  (d)  The  parts  of the paper ballot below such heavy black horizontal
line shall be separated by a heavy black vertical line  or  lines,  one-
fourth of an inch in width. Descriptive words to indicate the purpose of
each part shall be printed at its head, below the heavy black horizontal
line.  Immediately below such captions shall be printed two light paral-
lel horizontal lines  approximately  one-sixteenth  of  an  inch  apart,
extending across each part.
  (e)  The  names  of candidates on paper ballots shall be numbered with
arabic numerals printed in heavy faced type beginning with "one" for the
first candidate named in the first  part  and  continuing  in  numerical
order to and including the last candidate named in the last part, except
that where two or more candidates are to be elected to a party position,
the  names  of  candidates designated by each petition shall be grouped,
and each group shall have but one number, which shall be  printed  oppo-
site the approximate center of the group.
  (f)  The]  EXCEPT  IN  THE CITY OF NEW YORK, THE number of a candidate
shall be printed on the paper ballot between the voting  space  and  the
name  of  the  candidate.  Each group shall have a bracket embracing the
names in the group. IN THE CITY OF NEW  YORK,  TWO  OR  MORE  CANDIDATES
RUNNING  TO BE ELECTED TO A PARTY POSITION AS A GROUP MAY BE REFERRED TO
COLLECTIVELY ON THE BALLOT AS A "GROUP."
  [(g)] (C) Spaces containing names of candidates  and  for  writing  in
names, and intervening spaces on the paper ballot, shall be separated by
light  horizontal lines. [Names of candidates shall be printed [in capi-
tal letters not less than one-eighth nor more than  three-sixteenths  of
an inch in height.]

A. 7492--C                          9

  [(h)]  (D)  The paper ballots of no two parties shall be IDENTIFIED BY
the same color   OR COLOR MARKINGS, and the  state  board  of  elections
shall  select  the  color for each new party[, and not later than twelve
weeks before a  primary  election,  shall  transmit  to  each  board  of
elections].  THE STATE BOARD OF ELECTIONS SHALL INCLUDE WITH THE BOARD'S
BALLOT CERTIFICATION a certificate stating the colors so selected.
  S  7.   Subdivisions 2, 3 and 4 of  section 7-116 of the election law,
subdivision 2 as amended by chapter 234 of the laws of 1976 and subdivi-
sion 3 as amended by chapter 9 of the laws of 1978, are amended to  read
as follows:
  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,  in  a
section  of such ballot 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  one
week  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 petition 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 nominations 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,
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] DELEGATE(S) and alternate [delegate or delegates]  DELEGATE(S)  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 individual petitions and not in  a  group
shall be printed below such group or groups, in such order between them-
selves,  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 determined 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

A. 7492--C                         10

five members, if there be that many, and as to offices  or  party  posi-
tions  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.
  4.  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, the name of the candidate designated or nominated  to
fill  such  vacancy  shall be printed in the place so determined for the
original candidate, PROVIDED  SUCH  PLACEMENT  IS  CONSISTENT  WITH  THE
REQUIREMENTS FOR BALLOT CONSTRUCTION SET FORTH IN THIS ARTICLE.
  S  8.  Section 7-118 of the election law, as amended by chapter 157 of
the laws of 1996, is amended to read as follows:
  S 7-118. Ballots; facsimile and sample.   1. The  board  of  elections
shall  provide  facsimile  and sample ballots which shall be arranged in
the form of a diagram showing such  part  of  the  face  of  the  voting
machine  OR BALLOTS as shall be in use at that election.  Such facsimile
and sample ballots shall be [either in full  or  reduced  size]  DISTIN-
GUISHABLE  FROM  THE  BALLOT  BY  SIZE,  COLOR, OR OTHER MEANS and shall
contain suitable illustrated directions for voting on the voting machine
OR BALLOT.
  2. Such facsimile ballots shall be mounted and  displayed  for  public
inspection at each polling place during election day.
  3.  Sample  ballots  may  be  mailed by the board of elections to each
eligible voter at least three days before the election, or in lieu ther-
eof, a copy of such sample ballot may be published at least once  within
one  week  preceding  the election in newspapers [representing the major
political parties] OR ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS.
  4. One copy of such facsimile shall be sent  to  each  school  in  the
county,  providing  the  ninth  through  the twelfth years of compulsory
education, and in the city of New York to each such school in  the  city
of  New York, at least one week before each general election for posting
at a convenient place in such school. The board of elections shall  also
send  a  facsimile  ballot to any other school requesting such a ballot.
IN THE ALTERNATIVE, THE REQUIREMENTS OF THIS SUBDIVISION  MAY  BE  FULLY
SATISFIED  BY  PUBLISHING  SUCH FACSIMILE ON A WEBSITE MAINTAINED BY THE
BOARD OF ELECTIONS AND NOTIFYING EACH SUCH SCHOOL OF SUCH PUBLICATION.
  S 9. Subdivision 1 of section 7-120 of the election law is amended  to
read as follows:
  1.  If  any  voting  machine  OR  SYSTEM for use in any election shall
become out of order  during  an  election  it  shall,  if  possible,  be
repaired  or another machine OR SYSTEM substituted as promptly as possi-
ble.  In case such repair or  substitution  cannot  be  made,  emergency
ballots, printed or written, and of any suitable form, SHALL BE PROVIDED
BY THE BOARD OF ELECTIONS AND may be used for the taking of votes.
  S  10.  Section 7-122 of the election law, subdivision 1 as amended by
chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
(d) of subdivision 1 and subdivisions 2, 3, 4, 5, 8, 9 and 10 as amended
by chapter 165 of the laws of 2010 and subdivisions 6 and  7  as  renum-
bered  by  chapter  352  of  the  laws  of  1986, are amended to read as
follows:
  S 7-122. Ballots; absentee voters.  1. (a) Ballots for absentee voters
shall be, as nearly as practicable, in the same  form  as  those  to  be
voted  in  the district on election day, if any, except that ballots for
primary elections shall omit the party position of ward, town,  city  or

A. 7492--C                         11

county  committee  and  except further that such ballots need not have a
stub, and shall have the words "Absentee Ballot", endorsed thereon.
  (b)  [The  names  of  candidates  upon  the ballot shall be printed in
appropriate sections, with titles of offices, section numbers,  emblems,
voting  squares,  names of parties and political organizations and blank
spaces for writing in names of persons not printed on the ballot. Except
as to the spacing, such ballot  shall  be  printed  wherever  applicable
substantially as follows:
  (Form in chap. 381/79)
  (c) The indorsement shall be printed and properly filled in:

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]  THE
INSTRUCTIONS FOR MARKING THE BALLOT SHALL BE SUBSTANTIALLY  AS  FOLLOWS,
SO THAT IT ACCURATELY REFLECTS THE BALLOT LAYOUT:
                              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 his or her name in the space that appears at the bottom of the
column or the end of the row (indicate where on the ballot the  write-in
space appears) containing the title of the office.
  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, party position or proposal.
  7. 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. 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.] MARK THE (INSERT "OVAL"
OR  "SQUARE")  TO  THE  LEFT OF THE NAME OF YOUR CHOICE. (PROVIDE ILLUS-
TRATION 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,  WRITING,  OR  ERASURE
OUTSIDE  THE  SPACES PROVIDED FOR VOTING WILL VOID THE ENTIRE BALLOT. IF
YOU MAKE A MISTAKE OR WANT TO  CHANGE  YOUR  VOTE,  CALL  THE  BOARD  OF
ELECTIONS  AT  (INSERT  PHONE  NUMBER  HERE)  FOR INSTRUCTIONS ON HOW TO

A. 7492--C                         12

OBTAIN A NEW BALLOT. YOU HAVE A  RIGHT  TO  A  REPLACEMENT  BALLOT  UPON
RETURN  OF THE ORIGINAL 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.
  (C)   WHEN   A  QUESTION  OR  PROPOSAL  IS  INCLUDED  ON  THE  BALLOT,
INSTRUCTIONS SUBSTANTIALLY SIMILAR TO THOSE PROVIDED IN SUBDIVISION  SIX
OF SECTION 7-106 OF THIS ARTICLE SHALL BE INCLUDED.
  (D)  THE  BALLOT  PROPOSALS  MAY BE ON THE BACK OF THE BALLOT, OR ON A
SEPARATE BALLOT.
  2. [The following provisions  shall  apply  to  all  absentee  ballots
prepared  for counting by a ballot scanner and all other] ALL provisions
of this chapter not inconsistent with this subdivision shall be applica-
ble to [such] ABSENTEE ballots PREPARED FOR COUNTING BY BALLOT SCANNER[:
  (a) The party emblem need not be printed next  to  the  name  of  each
candidate.
  (b)  The  ballot  proposals  may be on the back of the ballot, or on a
separate ballot.
  (c) The printed instructions to the voter shall read as follows:
                              INSTRUCTIONS
  1. Mark only with a pen or pencil.
  2. To vote for a candidate whose name is printed on this ballot,  fill
in  the (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 in the space 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  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, party position or proposal.
  7.    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. 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 choic-
es, you may obtain and complete a new ballot. You  have  a  right  to  a
replacement ballot upon return of the original ballot.
  (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
legend: "See instructions on other side" or "See enclosed instructions",
whichever is appropriate.
  (e)  Such  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 of canvassing].

A. 7492--C                         13

  3.  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.] 4. THERE SHALL BE THREE ENVELOPES FOR EACH ABSENTEE BALLOT ISSUED
BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL  BE  ADDRESSED  TO  THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY  BOARD  OF  ELECTIONS. The board of elections shall furnish with each
absentee ballot an inner affirmation envelope. On one side of the envel-
ope shall be printed:

                        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 ....................................
Legislative District (as applicable) .................
Ward (as applicable) .................................
Election District.....................................
Party Enrollment (in case of primary election)........

  [6] 5. The date of the election, name of the county,  and  name  of  a
city,  if  there be a separate ballot for city voters, shall be printed,
and the name of the voter, residence, number of the  assembly  district,
if  any,  name  of  town,  number of ward, if any, election district and
party enrollment, if required, shall be either  printed  or  written  or
stamped in by the board.
  [7.]  6.  There shall also be a place for two BOARD OF ELECTIONS STAFF
MEMBERS OR inspectors of opposite  political  parties  to  indicate,  by
placing  their  initials  thereon, that they have checked and marked the
voter's poll record.
  [8.] 7. On the reverse side of such inner affirmation  envelope  shall
be printed the following statement:
                                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

A. 7492--C                         14

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
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 OR HER own
                                   name)

                                   .....................................
                                   Address of Witness

  [9.] 8. The inner affirmation envelope  shall  be  gummed,  ready  for
sealing, and shall have printed thereon, on the side opposite the state-
ment,  instructions  as  to the duties of the voter after the marking of
the ballot, which instructions shall include a specific direction  stat-
ing  when such ballot must be postmarked and when such ballot must reach
the office of the board of elections in order to be canvassed.
  [10.] 9. Each INNER AFFIRMATION ballot envelope shall be  enclosed  in
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 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
inner affirmation envelope and outer envelope shall be enclosed  in  [a]
THE  third envelope addressed to the absentee voter. The outer and third
envelopes shall have printed on the face  thereof  the  words  "Election
Material--Please Expedite".
  S  11.  The opening paragraph of subdivision 3 of section 7-123 of the
election law, as amended by chapter 104 of the laws of 2010, is  amended
to read as follows:
  THERE  SHALL  BE  THREE  ENVELOPES  FOR  EACH MILITARY ABSENTEE BALLOT
ISSUED WHEN THE MILITARY VOTER'S PREFERRED METHOD OF TRANSMISSION IS "BY
MAIL": THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES  HIS  OR
HER  VOTED  BALLOT,  THE  OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY BOARD OF ELECTIONS. The board of elections  shall  furnish  an  inner
affirmation envelope with each military ballot upon which envelope shall
be printed:
  S  12.  The opening and closing paragraphs of subdivision 2 of section
7-124 of the election law, as amended by chapter  104  of  the  laws  of
2010, are amended to read as follows:
  THERE  SHALL  BE  THREE  ENVELOPES  FOR  EACH SPECIAL FEDERAL ABSENTEE
BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER
PLACES HIS OR HER VOTED  BALLOT,  THE  OUTER  ENVELOPE  WHICH  SHALL  BE
ADDRESSED  TO  THE  ABSENTEE  VOTER,  AND  THE MAILING ENVELOPE WHICH IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall

A. 7492--C                         15

furnish an inner affirmation envelope with each special  federal  ballot
upon which envelope shall be printed:
  I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.

Date.................20.....       .....................................
                                   Signature or mark of voter

                                   .....................................
                                   Signature of Witness (required only
                                   if voter does not sign his OR HER own
                                   name)

                                   .....................................
                                   Address of Witness

  S  13.  Subdivisions  2  and  3  of section 7-125 of the election law,
subdivision 3 as amended by chapter 235 of the laws of 2000, are amended
to read as follows:
  2. THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL PRESIDENTIAL ABSEN-
TEE BALLOT ISSUED BY MAIL:  THE INNER AFFIRMATION ENVELOPE INTO WHICH  A
VOTER  PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
ADDRESSED TO THE ABSENTEE VOTER,  AND  THE  MAILING  ENVELOPE  WHICH  IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
furnish  with  each special presidential ballot an envelope. On one side
of the envelope shall be printed:

              OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS,
                          FOR GENERAL ELECTION,
                      NOVEMBER......., [19] 20....

Name of voter ..........................................................
Residence from which vote is being cast:
Street and number ......................................................
City or town ...........................................................
County .................................................................
Assembly District or Ward ..............................................
Election District ......................................................

  The date of the election and name of the county shall be printed,  and
the  name  of  the voter, residence, name of the city or town, number of
ward or assembly district, if any, and election district shall be print-
ed, written or stamped in by the board.
  3.  On the reverse side of such envelope shall be printed the  follow-
ing statement:

                 STATEMENT OF SPECIAL PRESIDENTIAL VOTER

  I  do  declare  I  am  a  qualified special presidential voter of said
district; that I am not qualified and am not able  to  qualify  to  vote
elsewhere than as set forth on the reverse side of this envelope; that I
am  a citizen of the United States; that on the date of the election for
which this ballot is voted, I will be at least eighteen  years  of  age;
and  that  I  have not committed any act, nor am I under any impediment,
which denies me the right to vote.

A. 7492--C                         16

  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,  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 OR HER own
                                   name)

                                   .....................................
                                   Address of Witness

  S 14. Section 7-126 of the election law is REPEALED.
  S 15. Section 7-128 of the election law is amended to read as follows:
  S 7-128. Ballots; inspection of. 1. Each officer or board charged with
the duty of providing official ballots for an election shall have sample
ballots  open  to  public inspection [five] TWENTY-EIGHT days before the
election for which they were prepared and the official ballots  open  to
such  inspection  [four] FOURTEEN days before such election [except that
the sample and official ballots for a village election held at a differ-
ent time from a general election shall be open to public  inspection  at
least  two days before such election]. During the times within which the
ballots are open for inspection, such officer or board shall deliver  to
each  voter  applying therefor a sample of the ballot which he OR SHE is
entitled to vote.
  2. A. Each officer or board charged with the duty of preparing ballots
to be used [on voting machines]  in  any  election  shall  give  written
notice,  by  first  class mail, to all candidates, except candidates for
member of the county committee, who are lawfully entitled to have  their
names  appear  thereon,  of the time when, and the place where, they may
inspect the [voting machines] BALLOTS to be used for such election.  The
candidates  or  their  designated representatives may appear at the time
and place specified in such notice to inspect such  [machines]  BALLOTS,
provided,  however,  that  the time so specified shall be [not less than
two] NO LATER THAN FOURTEEN days [prior  to  the  date  of]  BEFORE  the
election AT WHICH THE BALLOTS WILL BE USED.
  B.  A  candidate,  whose  name  appears on the ballot [for an election
district] or his OR HER designated representative, may, in the  presence
of  the  election officer attending the [voting machine] BALLOT, inspect
the [face of the machine] BALLOT to see that his OR HER  ballot  [label]
POSITION  is  in its proper place[, but at no time during the inspection
shall the booth be closed] OR PLACES.
  3.  EACH OFFICER OR BOARD CHARGED WITH THE DUTY OF  PREPARING  BALLOTS
TO  BE  USED  WITH VOTING MACHINES OR SYSTEMS IN ANY ELECTION SHALL GIVE
WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL  CANDIDATES,  EXCEPT  CANDI-
DATES  FOR  MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED TO
HAVE THEIR NAMES APPEAR THEREON, OF THE TIME WHEN, AND THE PLACE  WHERE,
THEY  MAY  INSPECT  THE  VOTING  MACHINES OR SYSTEMS TO BE USED FOR SUCH
ELECTION. THE CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY  APPEAR
AT  THE  TIME  AND PLACE SPECIFIED IN SUCH NOTICE TO VIEW THE CONDUCT OF
THE LOGIC AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON  SUCH  VOTING

A. 7492--C                         17

MACHINES  OR SYSTEMS, PROVIDED HOWEVER, THAT THE TIME SO SPECIFIED SHALL
BE NOT LESS THAN FIFTEEN DAYS PRIOR TO THE DATE OF THE ELECTION.
  S 16. Section 7-130 of the election law is amended to read as follows:
  S  7-130.  Ballots;  examination  by  voters and instruction in use of
voting machines. One or more voting machines  which  shall  contain  the
ballot  labels,  showing the party [emblems] NAMES and title of officers
to be voted for, and which shall so far as practicable contain the names
of the candidates to be voted for, shall be placed on public  exhibition
in  some  suitable place by the board of elections, [in charge of compe-
tent instructors,] for at least three days during the thirty  days  next
preceding an election. No voting machine which is to be assigned for use
in an election shall be used for such purpose after having been prepared
and sealed for the election. During such public exhibition, the counting
mechanism  of the machine shall be concealed from view and the doors, IF
ANY, may be temporarily opened only when  authorized  by  the  board  or
official  having  charge and control of the election. Any voter shall be
allowed to examine such machine, and upon request shall be instructed in
its use.
  S 17. This act shall take effect immediately and shall only  apply  to
ballots to be used for elections occurring after January 1, 2013.

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

                                 7492--D

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, HEVESI, PEOPLES-STOKES, ROSENTHAL,
  SCHIMEL -- Multi-Sponsored by -- M. of A.  TITONE  --  read  once  and
  referred  to  the  Committee  on Election Law -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  recommitted to the Committee on Election Law in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  election law, in relation to enacting the voter
  friendly ballot act of 2012; and to repeal section 7-126 of  such  law
  relating to the form of ballots

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "voter friendly ballot act of 2012".
  S  2. Paragraph a of subdivision 3 and paragraph b of subdivision 4 of
section 7-102 of the election law, as added by chapter 371 of  the  laws
of 1990, are amended to read as follows:
  a.  In  the event that a candidate in a primary election believes that
the name of another candidate for the same office or  position  at  such
election is sufficiently similar to his OR HERS so as to cause confusion
among the voters, such candidate may, not later than five days after the
last day to file the certificates or petitions of designation, file with
the  board  of  elections  with  which such certificates or petitions of
designation are filed, a request that such board determine that  such  a
sufficient similarity exists.
  b. Each candidate for an office or position for which such numbers are
assigned  may  file  with such board, not later than fourteen days after

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11215-10-2

A. 7492--D                          2

such determination, any or all of the information permitted by paragraph
a of this subdivision in the form in which such  candidate  wishes  such
information  to  appear  in  such leaflet. If such board determines that
such  filing  does not comply with the requirements of this subdivision,
it shall notify such candidate  forthwith  by  first  class  mail.  Such
candidate  may  file  revised information with such board not later than
ten days after such notice was mailed. If a candidate does  not  make  a
filing  within  the  times  prescribed  by this paragraph, the words "no
information supplied" shall appear next to his OR HER name on such leaf-
let.
  S 3.  Section 7-104 of the election law, as amended by chapter 165  of
the laws of 2010, 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,  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 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,
such officer or board shall make the necessary determination.
  3. (a) 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,  EXCEPT  IN THE CITY OF NEW YORK A
DESIGNATING LETTER AND NUMBER NEED NOT BE SO AFFIXED ON A BALLOT  FOR  A
PRIMARY ELECTION.
  (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.
  4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing generally the names of candidates nominated by such party  or  inde-
pendent 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  of  each  such  independent  body  shall

A. 7492--D                          3

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 provid-
ing ballots, or if such person shall fail to so designate, the names  of
such independent bodies shall appear in such row or column as such offi-
cer 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 of each independent body nominating him  or
her  or,  if  such  person  shall fail to so designate, 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)  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 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.
  5. Notwithstanding the provisions of subdivision 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 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.
  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.
  7. The 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.  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] 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-

A. 7492--D                          4

ing  first  and  the  ballot  shall be so adjusted that both offices are
voted for jointly and have but one designating letter or number.
  S 4. Section 7-106 of the election law, the section heading and subdi-
visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
as  renumbered by chapter 165 of the laws of 2010, is amended to read as
follows:
  S 7-106.  [Election day paper ballots; form of] BALLOTS; FORM OF,  FOR
BALLOT  SCANNERS;  GENERAL,  PRIMARY,  OR  SPECIAL  ELECTIONS.  1. 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.  Such  ballots  shall  be
printed  on  paper of a quality, size, color, and weight approved by the
state board of elections, AND  SHALL  BE  CLEARLY  DISTINGUISHABLE  FROM
SAMPLE BALLOTS BY SIZE, COLOR, OR OTHER MEANS.
  2.  [All  paper  ballots  of  the same kind for the same polling place
shall be identical. 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,  political  designations, and the reading form of all ques-
tions submitted. The names of candidates shall  be  printed  in  capital
letters  in black-faced type.] BEFORE EACH STATEWIDE ELECTION, THE STATE
BOARD OF ELECTIONS SHALL PUBLISH AND DISTRIBUTE TO THE COUNTY BOARDS  OF
ELECTIONS  A  SAMPLE MASTER TEMPLATE OF THAT PORTION OF THE BALLOT WHICH
RELATES TO STATEWIDE OFFICES.
  3. ALL TYPE SHALL BE SANS SERIF. NAMES OF CANDIDATES  SHALL  BE  IN  A
UNIFORM STYLE AND SIZE OF TYPE USING STANDARD CAPITALIZATION.  TITLES OF
OFFICES  SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE.  POLITICAL DESIG-
NATIONS SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE. THE  FORM  OF  ALL
QUESTIONS SUBMITTED SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE.
  4.  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 regular numerical order.
  [4.] 5. On such ballot shall be printed the following indorsement, the
blanks properly filled in:

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 ...........................

(Insert date of election.)
(Insert names of election commissioners providing the ballot.)

  [5.  The following ballot instructions shall be printed in heavy black
type:
                              INSTRUCTIONS
  (1) Mark only with a writing  instrument  provided  by  the  board  of
elections.

A. 7492--D                          5

  (2)  To vote for a candidate whose name is printed on this ballot fill
in the (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 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, 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, 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.
  (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 and political designations, the ballot proposals and  other
requisite  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. If applicable, ovals or squares shall
be provided next to the blank spaces provided for a voter to write in  a
name.
  8.  The  space for the title of an office shall be three-eighths of an
inch, and the name of a candidate or for writing in a  name,  one-fourth
of  an inch, in depth. At the left of the name of each designated candi-
date shall be an enclosed voting space,  three-eighths  of  an  inch  in
width  and  approximately one-fourth of an inch in depth, bounded above,
below and to the right by black lines, heavier than those which separate
the spaces containing the names of candidates. To  the  left  of  voting
spaces  which  do  not  adjoin a vertical line dividing two parts, there
shall be a heavy black vertical line approximately one-eighth of an inch
in width. No voting space shall be provided in the space for writing  in
names.  In such case, the space corresponding to a voting space shall be
all black.

A. 7492--D                          6

  9. Below the names of the candidates for each office or position there
shall  be  printed as many blank spaces, for writing in names of persons
for whom the voter desires to vote, as there are persons to be nominated
or elected.
  10.  In  case  the sections shall be so numerous as to make the ballot
unwieldy if they are printed in one column, they may be  printed  in  as
many  columns  as  shall  be  necessary,  and  in that case, in order to
produce a rectangular ballot, blank sections may be used.]
  6. EACH BALLOT SHALL CONTAIN INSTRUCTIONS FOR MARKING THE BALLOT.  THE
INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER THAN FIVE INCHES.
THE  TEXT  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 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 CLEAR-
LY  IN  THE  BOX LABELED 'WRITE-IN'"), STAYING WITHIN THE BOX. ANY MARK,
WRITING, OR ERASURE OUTSIDE THE SPACES PROVIDED FOR VOTING WILL 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.
  7. 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.
  8. WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT, INSTRUCTIONS
SUBSTANTIALLY  LIKE  THE  FOLLOWING SHALL BE INCLUDED ON THE BALLOT NEAR
THE FIRST QUESTION OR PROPOSAL:
  INSTRUCTIONS FOR VOTING FOR QUESTIONS AND PROPOSALS
  TO VOTE ON  A  QUESTION  OR  PROPOSAL,  MARK  THE  (INSERT  "OVAL"  OR
"SQUARE")  TO THE LEFT OF YOUR CHOICE. IF YOU MAKE A MISTAKE, OR WANT TO
CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT.
  9. 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.
  10.  TO  THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY WITH THE
FOLLOWING SPECIFICATIONS:
  A. THE INSTRUCTIONS IN SUBDIVISION SIX OF THIS SECTION SHALL BE PRINT-
ED IN THE UPPER LEFT HAND CORNER OF THE FRONT OF THE BALLOT;
  B. 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;
  C. THE VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME  OF  THE
CANDIDATE;
  D.  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;
  E. THE NAME OF EACH CANDIDATE SHALL BE PRINTED USING A  FONT  SIZE  OF
NOT LESS THAN TWELVE POINTS OR ONE SIXTH OF AN INCH;
  F. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARIATIONS
FOR ALL TEXT NEEDS;

A. 7492--D                          7

  G.  THE  BALLOT  SHALL  HAVE  A  CLEAR  DELINEATION BETWEEN THE BALLOT
INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH
THE USE OF WHITE SPACE, ILLUSTRATION, SHADING, COLOR, FONT SIZE, OR BOLD
TYPE;
  H.  COLOR  AND  SHADING SHALL BE USED CONSISTENTLY, SO AS TO DIFFEREN-
TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION;
  I. "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;
  J.  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 POLITICAL PARTY OR INDEPENDENT
BODY BY WHICH THE CANDIDATE WAS NOMINATED OR DESIGNATED;
  K. NO PARTY EMBLEMS SHALL BE PRINTED ON THE BALLOT;
  L. THE NAMES OF CANDIDATES FOR THE SAME OFFICE  SHALL  APPEAR  ON  THE
SAME  PAGE AND IN THE SAME COLUMN(S) OR ROW(S) OF THAT PAGE OF A PRINTED
BALLOT, AND MAY NOT BE SEPARATED BY A PERFORATION.
  11.  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 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,
such officer or board shall make the necessary determination. [No emblem
shall occupy a space longer in any direction than the voting  square  to
which it relates.]
  S  5.  The  section  heading and subdivision 3 of section 7-108 of the
election law are amended to read as follows:
  Ballots; form for GENERAL elections; ADDITIONAL REQUIREMENTS.
  [3. In every instance where multiple casting of votes is permitted for
two or more candidates for the same office or position, the  instruction
on  the ballot or machine shall read "Vote for any.........", (the blank
space to be filled with the number of persons to be  nominated  for  the
office or elected to the position).]
  S  6.  Section 7-110 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
  S 7-110. Ballots; form for ballot proposals; ADDITIONAL  REQUIREMENTS.
Ballot proposals shall appear on the voting machine or ballot in a sepa-
rate  section.  At  the  left of, or below or above, each proposal shall
appear [two voting levers or] two voting [squares, each  at  least  one-
half  inch square] POSITIONS. Next to the first [lever or square] VOTING
POSITION shall be printed the word "Yes," and next to the second  [lever
or square] VOTING POSITION shall be printed the word "No." The proposals
shall  be  numbered  consecutively  on the voting machine or ballot. The
number of each proposal shall appear in front of its designation  as  an
amendment,  proposition  or  question  in the following form:  "Proposal
one, an amendment; proposal two, a proposition; proposal three, a  ques-
tion".
  S  7.  Section 7-114 of the election law, as amended by chapter 234 of
the laws of 1976, paragraph (c) of subdivision 1 as amended  by  chapter
433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
chapter 461 of the laws of 1977, is amended to read as follows:

A. 7492--D                          8

  S  7-114. Ballots; form for primary election; ADDITIONAL REQUIREMENTS.
1. (a) [The] ON THE face of the official ballot for a  primary  election
[shall be divided into parts.  Descriptive words to indicate the purpose
of each part shall be printed at its head. Beginning at the left or top,
the first part shall be entitled, and shall be for "Candidates] CONTESTS
AND CANDIDATES for nomination for public office[". The second part shall
be  entitled, and shall be for "Candidates] SHALL APPEAR FIRST, FOLLOWED
BY CONTESTS AND CANDIDATES for party positions.[" When necessary, a part
may be divided into two or more columns or rows, but the] THE  names  of
all persons designated for the same office or party position shall be in
the same column or row.
  (b)  [In each part shall be printed the titles of the offices or party
positions, as the case may be, for which the part is  to  be  used,  and
under  each  such  title  shall  be  printed the names of the designated
candidates for the office or position.
  (c)] Where a candidate for nomination for the same  public  office  or
for  election  to  the  same party position is designated by two or more
petitions, his OR HER name shall be  placed  upon  the  ballot  for  the
primary election but once as such a candidate.
  [(d)]  (C)  The ballot shall not contain a space for voting for candi-
dates for uncontested offices and positions,  and  no  ballot  shall  be
printed  for  a party whose primary is uncontested unless a petition for
opportunity to ballot has been filed.
  2. (a) The paper ballot for a primary election shall  conform  to  the
form for paper ballots set forth in this article with respect to quality
and  weight  of  paper,  perforated line, and number on the stub [on the
back of the ballot].
  (b) [On the back of the paper ballot, on the stub,  immediately  below
the  number,  shall  be the name of the party. On the back of the ballot
and below the stub, and immediately to the left of  the  center  of  the
ballot, and on the front of the ballot, below the perforated line, shall
be  printed,  in  addition  to  the other information required for paper
ballots, the name and emblem of the party and the words "Official prima-
ry ballot."
  (c) On the front of the stub, above the perforated line at the top  of
the paper ballot shall be printed the same instructions as on the gener-
al election ballot.
  (d)  The  parts  of the paper ballot below such heavy black horizontal
line shall be separated by a heavy black vertical line  or  lines,  one-
fourth of an inch in width. Descriptive words to indicate the purpose of
each part shall be printed at its head, below the heavy black horizontal
line.  Immediately below such captions shall be printed two light paral-
lel horizontal lines  approximately  one-sixteenth  of  an  inch  apart,
extending across each part.
  (e)  The  names  of candidates on paper ballots shall be numbered with
arabic numerals printed in heavy faced type beginning with "one" for the
first candidate named in the first  part  and  continuing  in  numerical
order to and including the last candidate named in the last part, except
that where two or more candidates are to be elected to a party position,
the  names  of  candidates designated by each petition shall be grouped,
and each group shall have but one number, which shall be  printed  oppo-
site the approximate center of the group.
  (f)  The]  EXCEPT  IN  THE CITY OF NEW YORK, THE number of a candidate
shall be printed on the paper ballot between the voting  space  and  the
name  of  the  candidate.  Each group shall have a bracket embracing the
names in the group. IN THE CITY OF NEW  YORK,  TWO  OR  MORE  CANDIDATES

A. 7492--D                          9

RUNNING  TO BE ELECTED TO A PARTY POSITION AS A GROUP MAY BE REFERRED TO
COLLECTIVELY ON THE BALLOT AS A "GROUP."
  [(g)]  (C)  Spaces  containing  names of candidates and for writing in
names, and intervening spaces on the paper ballot, shall be separated by
light horizontal lines. [Names of candidates shall be printed [in  capi-
tal  letters  not less than one-eighth nor more than three-sixteenths of
an inch in height.]
  [(h)] (D) The paper ballots of no two parties shall be  IDENTIFIED  BY
the  same  color    OR  COLOR MARKINGS, and the state board of elections
shall select the color for each new party[, and not  later  than  twelve
weeks  before  a  primary  election,  shall  transmit  to  each board of
elections].  THE STATE BOARD OF ELECTIONS SHALL INCLUDE WITH THE BOARD'S
BALLOT CERTIFICATION a certificate stating the colors so selected.
  S 8.  Subdivisions 2, 3 and 4 of  section 7-116 of the  election  law,
subdivision 2 as amended by chapter 234 of the laws of 1976 and subdivi-
sion  3 as amended by chapter 9 of the laws of 1978, are amended to read
as follows:
  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, in a
section of such ballot 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 one
week 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 petition 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 nominations 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,
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]  DELEGATE(S)  and alternate [delegate or delegates] DELEGATE(S) 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 individual petitions and not in a group
shall be printed below such group or groups, in such order between them-
selves, 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

A. 7492--D                         10

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 determined 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 posi-
tions 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.
  4. 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, the name of the candidate designated or nominated to
fill such vacancy shall be printed in the place so  determined  for  the
original  candidate,  PROVIDED  SUCH  PLACEMENT  IS  CONSISTENT WITH THE
REQUIREMENTS FOR BALLOT CONSTRUCTION SET FORTH IN THIS ARTICLE.
  S 9. Section 7-118 of the election law, as amended by chapter  157  of
the laws of 1996, is amended to read as follows:
  S  7-118.  Ballots;  facsimile and sample.   1. The board of elections
shall provide facsimile and sample ballots which shall  be  arranged  in
the  form  of  a  diagram  showing  such  part of the face of the voting
machine OR BALLOTS as shall be in use at that election.  Such  facsimile
and  sample  ballots  shall  be [either in full or reduced size] DISTIN-
GUISHABLE FROM THE BALLOT BY SIZE,  COLOR,  OR  OTHER  MEANS  and  shall
contain suitable illustrated directions for voting on the voting machine
OR BALLOT.
  2.  Such  facsimile  ballots shall be mounted and displayed for public
inspection at each polling place during election day.
  3. Sample ballots may be mailed by the  board  of  elections  to  each
eligible voter at least three days before the election, or in lieu ther-
eof,  a copy of such sample ballot may be published at least once within
one week preceding the election in newspapers  [representing  the  major
political parties] OR ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS.
  4.  One  copy  of  such  facsimile shall be sent to each school in the
county, providing the ninth through  the  twelfth  years  of  compulsory
education,  and  in the city of New York to each such school in the city
of New York, at least one week before each general election for  posting
at  a convenient place in such school. The board of elections shall also
send a facsimile ballot to any other school requesting  such  a  ballot.
IN  THE  ALTERNATIVE,  THE REQUIREMENTS OF THIS SUBDIVISION MAY BE FULLY
SATISFIED BY PUBLISHING SUCH FACSIMILE ON A WEBSITE  MAINTAINED  BY  THE
BOARD OF ELECTIONS AND NOTIFYING EACH SUCH SCHOOL OF SUCH PUBLICATION.
  S 10. Subdivision 1 of section 7-120 of the election law is amended to
read as follows:
  1.  If  any  voting  machine  OR  SYSTEM for use in any election shall
become out of order  during  an  election  it  shall,  if  possible,  be
repaired  or another machine OR SYSTEM substituted as promptly as possi-
ble.  In case such repair or  substitution  cannot  be  made,  emergency
ballots, printed or written, and of any suitable form, SHALL BE PROVIDED
BY THE BOARD OF ELECTIONS AND may be used for the taking of votes.
  S  11.  Section 7-122 of the election law, subdivision 1 as amended by
chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
(d) of subdivision 1 and subdivisions 2, 3, 4, 5, 8, 9 and 10 as amended

A. 7492--D                         11

by chapter 165 of the laws of 2010, subdivision 7 as amended by  chapter
9 of the laws of 1978, and subdivisions 6 and 7 as renumbered by chapter
352 of the laws of 1986, is amended to read as follows:
  S 7-122. Ballots; absentee voters.  1. (a) Ballots for absentee voters
shall  be,  as  nearly  as  practicable, in the same form as those to be
voted in the district on election day, if any, except that  ballots  for
primary  elections  shall omit the party position of ward, town, city or
county committee and except further that such ballots need  not  have  a
stub, and shall have the words "Absentee Ballot", endorsed thereon.
  (b)  [The  names  of  candidates  upon  the ballot shall be printed in
appropriate sections, with titles of offices, section numbers,  emblems,
voting  squares,  names of parties and political organizations and blank
spaces for writing in names of persons not printed on the ballot. Except
as to the spacing, such ballot  shall  be  printed  wherever  applicable
substantially as follows:
  (Form in chap. 381/79)
  (c) The indorsement shall be printed and properly filled in:

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]  THE
INSTRUCTIONS FOR MARKING THE BALLOT SHALL BE SUBSTANTIALLY  AS  FOLLOWS,
SO THAT IT ACCURATELY REFLECTS THE BALLOT LAYOUT:
                              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 his or her name in the space that appears at the bottom of the
column or the end of the row (indicate where on the ballot the  write-in
space appears) containing the title of the office.
  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, party position or proposal.
  7. 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. 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.] MARK THE (INSERT "OVAL"
OR  "SQUARE")  TO  THE  LEFT OF THE NAME OF YOUR CHOICE. (PROVIDE ILLUS-

A. 7492--D                         12

TRATION 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, WRITING, OR ERASURE
OUTSIDE THE SPACES PROVIDED FOR VOTING WILL VOID THE ENTIRE  BALLOT.  IF
YOU  MAKE  A  MISTAKE  OR  WANT  TO  CHANGE YOUR VOTE, CALL THE BOARD OF
ELECTIONS AT (INSERT PHONE NUMBER  HERE)  FOR  INSTRUCTIONS  ON  HOW  TO
OBTAIN  A  NEW  BALLOT.  YOU  HAVE  A RIGHT TO A REPLACEMENT BALLOT UPON
RETURN OF THE ORIGINAL 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.
  (C)   WHEN   A  QUESTION  OR  PROPOSAL  IS  INCLUDED  ON  THE  BALLOT,
INSTRUCTIONS SUBSTANTIALLY SIMILAR TO THOSE PROVIDED IN SUBDIVISION  SIX
OF SECTION 7-106 OF THIS ARTICLE SHALL BE INCLUDED.
  (D)  THE  BALLOT  PROPOSALS  MAY BE ON THE BACK OF THE BALLOT, OR ON A
SEPARATE BALLOT.
  2. [The following provisions  shall  apply  to  all  absentee  ballots
prepared  for counting by a ballot scanner and all other] ALL provisions
of this chapter not inconsistent with this subdivision shall be applica-
ble to [such] ABSENTEE ballots PREPARED FOR COUNTING BY BALLOT SCANNER[:
  (a) The party emblem need not be printed next  to  the  name  of  each
candidate.
  (b)  The  ballot  proposals  may be on the back of the ballot, or on a
separate ballot.
  (c) The printed instructions to the voter shall read as follows:
                              INSTRUCTIONS
  1. Mark only with a pen or pencil.
  2. To vote for a candidate whose name is printed on this ballot,  fill
in  the (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 in the space 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  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, party position or proposal.
  7.    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. 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 choic-
es, you may obtain and complete a new ballot. You  have  a  right  to  a
replacement ballot upon return of the original ballot.
  (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

A. 7492--D                         13

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 other side" or "See enclosed instructions",
whichever is appropriate.
  (e)  Such  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 of canvassing].
  3.  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.] 4. THERE SHALL BE THREE ENVELOPES FOR EACH ABSENTEE BALLOT ISSUED
BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL  BE  ADDRESSED  TO  THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY  BOARD  OF  ELECTIONS. The board of elections shall furnish with each
absentee ballot an inner affirmation envelope. On one side of the envel-
ope shall be printed:

                        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 ....................................
Legislative District (as applicable) .................
Ward (as applicable) .................................
Election District.....................................
Party Enrollment (in case of primary election)........

  [6] 5. The date of the election, name of the county,  and  name  of  a
city,  if  there be a separate ballot for city voters, shall be printed,
and the name of the voter, residence, number of the  assembly  district,
if  any,  name  of  town,  number of ward, if any, election district and
party enrollment, if required, shall be either  printed  or  written  or
stamped in by the board.
  [7.]  6.  There shall also be a place for two BOARD OF ELECTIONS STAFF
MEMBERS OR inspectors of opposite  political  parties  to  indicate,  by
placing  their  initials  thereon, that they have checked and marked the
voter's poll record.

A. 7492--D                         14

  [8.] 7. On the reverse side of such inner affirmation  envelope  shall
be printed the following statement:
                                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
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 OR HER own
                                   name)

                                   .....................................
                                   Address of Witness

  [9.] 8. The inner affirmation envelope  shall  be  gummed,  ready  for
sealing, and shall have printed thereon, on the side opposite the state-
ment,  instructions  as  to the duties of the voter after the marking of
the ballot, which instructions shall include a specific direction  stat-
ing  when such ballot must be postmarked and when such ballot must reach
the office of the board of elections in order to be canvassed.
  [10.] 9. Each INNER AFFIRMATION ballot envelope shall be  enclosed  in
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 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
inner affirmation envelope and outer envelope shall be enclosed  in  [a]
THE  third envelope addressed to the absentee voter. The outer and third
envelopes shall have printed on the face  thereof  the  words  "Election
Material--Please Expedite".
  S  12.  The opening paragraph of subdivision 3 of section 7-123 of the
election law, as amended by chapter 104 of the laws of 2010, is  amended
to read as follows:
  THERE  SHALL  BE  THREE  ENVELOPES  FOR  EACH MILITARY ABSENTEE BALLOT
ISSUED WHEN THE MILITARY VOTER'S PREFERRED METHOD OF TRANSMISSION IS "BY
MAIL": THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES  HIS  OR
HER  VOTED  BALLOT,  THE  OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
TY BOARD OF ELECTIONS. The board of elections  shall  furnish  an  inner
affirmation envelope with each military ballot upon which envelope shall
be printed:

A. 7492--D                         15

  S  13.  The opening and closing paragraphs of subdivision 2 of section
7-124 of the election law, as amended by chapter  104  of  the  laws  of
2010, are amended to read as follows:
  THERE  SHALL  BE  THREE  ENVELOPES  FOR  EACH SPECIAL FEDERAL ABSENTEE
BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER
PLACES HIS OR HER VOTED  BALLOT,  THE  OUTER  ENVELOPE  WHICH  SHALL  BE
ADDRESSED  TO  THE  ABSENTEE  VOTER,  AND  THE MAILING ENVELOPE WHICH IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
furnish an inner affirmation envelope with each special  federal  ballot
upon which envelope shall be printed:
  I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.

Date.................20.....       .....................................
                                   Signature or mark of voter

                                   .....................................
                                   Signature of Witness (required only
                                   if voter does not sign his OR HER own
                                   name)

                                   .....................................
                                   Address of Witness

  S  14.  Subdivisions  2  and  3  of section 7-125 of the election law,
subdivision 3 as amended by chapter 235 of the laws of 2000, are amended
to read as follows:
  2. THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL PRESIDENTIAL ABSEN-
TEE BALLOT ISSUED BY MAIL:  THE INNER AFFIRMATION ENVELOPE INTO WHICH  A
VOTER  PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
ADDRESSED TO THE ABSENTEE VOTER,  AND  THE  MAILING  ENVELOPE  WHICH  IS
ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
furnish  with  each special presidential ballot an envelope. On one side
of the envelope shall be printed:

              OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS,
                          FOR GENERAL ELECTION,
                      NOVEMBER......., [19] 20....

Name of voter ..........................................................
Residence from which vote is being cast:
Street and number ......................................................
City or town ...........................................................
County .................................................................
Assembly District or Ward ..............................................
Election District ......................................................

  The date of the election and name of the county shall be printed,  and
the  name  of  the voter, residence, name of the city or town, number of
ward or assembly district, if any, and election district shall be print-
ed, written or stamped in by the board.
  3.  On the reverse side of such envelope shall be printed the  follow-
ing statement:

                 STATEMENT OF SPECIAL PRESIDENTIAL VOTER

A. 7492--D                         16

  I  do  declare  I  am  a  qualified special presidential voter of said
district; that I am not qualified and am not able  to  qualify  to  vote
elsewhere than as set forth on the reverse side of this envelope; that I
am  a citizen of the United States; that on the date of the election for
which  this  ballot  is voted, I will be at least eighteen years of age;
and that I have not committed any act, nor am I  under  any  impediment,
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,  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 OR HER own
                                   name)

                                   .....................................
                                   Address of Witness

  S 15. Section 7-126 of the election law is REPEALED.
  S 16. Section 7-128 of the election law is amended to read as follows:
  S 7-128. Ballots; inspection of. 1. Each officer or board charged with
the duty of providing official ballots for an election shall have sample
ballots  open  to  public inspection [five] TWENTY-EIGHT days before the
election for which they were prepared and the official ballots  open  to
such  inspection  [four] FOURTEEN days before such election [except that
the sample and official ballots for a village election held at a differ-
ent time from a general election shall be open to public  inspection  at
least  two days before such election]. During the times within which the
ballots are open for inspection, such officer or board shall deliver  to
each  voter  applying therefor a sample of the ballot which he OR SHE is
entitled to vote.
  2. A. Each officer or board charged with the duty of preparing ballots
to be used [on voting machines]  in  any  election  shall  give  written
notice,  by  first  class mail, to all candidates, except candidates for
member of the county committee, who are lawfully entitled to have  their
names  appear  thereon,  of the time when, and the place where, they may
inspect the [voting machines] BALLOTS to be used for such election.  The
candidates  or  their  designated representatives may appear at the time
and place specified in such notice to inspect such  [machines]  BALLOTS,
provided,  however,  that  the time so specified shall be [not less than
two] NO LATER THAN FOURTEEN days [prior  to  the  date  of]  BEFORE  the
election AT WHICH THE BALLOTS WILL BE USED.
  B.  A  candidate,  whose  name  appears on the ballot [for an election
district] or his OR HER designated representative, may, in the  presence
of  the  election officer attending the [voting machine] BALLOT, inspect
the [face of the machine] BALLOT to see that his OR HER  ballot  [label]
POSITION  is  in its proper place[, but at no time during the inspection
shall the booth be closed] OR PLACES.
  3.  EACH OFFICER OR BOARD CHARGED WITH THE DUTY OF  PREPARING  BALLOTS
TO  BE  USED  WITH VOTING MACHINES OR SYSTEMS IN ANY ELECTION SHALL GIVE
WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL  CANDIDATES,  EXCEPT  CANDI-

A. 7492--D                         17

DATES  FOR  MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED TO
HAVE THEIR NAMES APPEAR THEREON, OF THE TIME WHEN, AND THE PLACE  WHERE,
THEY  MAY  INSPECT  THE  VOTING  MACHINES OR SYSTEMS TO BE USED FOR SUCH
ELECTION.  THE CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY APPEAR
AT THE TIME AND PLACE SPECIFIED IN SUCH NOTICE TO VIEW  THE  CONDUCT  OF
THE  LOGIC  AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON SUCH VOTING
MACHINES OR SYSTEMS, PROVIDED HOWEVER, THAT THE TIME SO SPECIFIED  SHALL
BE NOT LESS THAN FIFTEEN DAYS PRIOR TO THE DATE OF THE ELECTION.
  S 17. Section 7-130 of the election law is amended to read as follows:
  S  7-130.  Ballots;  examination  by  voters and instruction in use of
voting machines. One or more voting machines  which  shall  contain  the
ballot  labels,  showing the [party emblems and] title of officers to be
voted for, and which shall so far as practicable contain  the  names  of
the  candidates to be voted for, shall be placed on public exhibition in
some suitable place by the board of elections, in  charge  of  competent
instructors, for at least three days during the thirty days next preced-
ing an election. No voting machine which is to be assigned for use in an
election  shall  be used for such purpose after having been prepared and
sealed for the election. During such  public  exhibition,  the  counting
mechanism  of the machine shall be concealed from view and the doors may
be temporarily opened only when authorized  by  the  board  or  official
having charge and control of the election. Any voter shall be allowed to
examine such machine, and upon request shall be instructed in its use.
  S  18.  This act shall take effect immediately and shall only apply to
ballots to be used for elections occurring after January 1, 2013.