S T A T E O F N E W Y O R K
________________________________________________________________________
2339--A
2011-2012 Regular Sessions
I N S E N A T E
January 19, 2011
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Introduced by Sens. MARTINS, JOHNSON, GALLIVAN, MAZIARZ, OPPENHEIMER --
read twice and ordered printed, and when printed to be committed to
the Committee on Elections -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to authorizing village,
special district, improvement district and library district elections
to be conducted on mechanical lever voting machines or paper ballots;
and to amend the town law, in relation to authorizing the use of
mechanical lever voting machines or paper ballots at fire district
elections; and providing for the repeal of such provisions upon expi-
ration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The election law is amended by adding a new section 7-132
to read as follows:
S 7-132. PAPER BALLOTS; VILLAGE, SPECIAL DISTRICT, IMPROVEMENT
DISTRICT, LIBRARY DISTRICT AND FIRE DISTRICT ELECTIONS. 1. FOR ANY
VILLAGE, SPECIAL DISTRICT, IMPROVEMENT DISTRICT, LIBRARY DISTRICT OR
FIRE DISTRICT CONDUCTING AN ELECTION IN WHICH PAPER BALLOTS ARE TO BE
COUNTED BY HAND, THE FORMAT OF SUCH PAPER BALLOTS SHALL CONFORM TO THE
PROVISIONS OF THIS SECTION.
2. ALL PAPER BALLOTS SHALL BE PRINTED ON PAPER OF A QUALITY, SIZE,
COLOR AND WEIGHT AS SHALL BE DETERMINED BY THE STATE BOARD OF ELECTIONS
ON OR BEFORE JULY SEVENTH, TWO THOUSAND ELEVEN.
3. ALL PAPER BALLOTS OF THE SAME KIND AT THE SAME POLLING PLACE SHALL
BE IDENTICAL IN APPEARANCE AND FORM. A DIFFERENT, BUT IN EACH CASE
UNIFORM STYLE AND SIZE OF TYPE, SHALL BE USED FOR THE PRINTING OF THE
NAMES OF CANDIDATES, THE TITLES OF OFFICES, POLITICAL DESIGNATION AND
THE READING FORM OF ALL PROPOSALS AND QUESTIONS PRESENTED. THE NAMES OF
ALL CANDIDATES SHALL BE PRINTED IN UPPER-CASE LETTERS, IN BLACK-FACED
TYPE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04799-04-1
S. 2339--A 2
4. EACH PAPER BALLOT SHALL BE PRINTED ON A SINGLE SHEET OF PAPER WITH
A DETACHABLE STUB WHICH MAY BE SEPARATED THEREFROM ALONG A PERFORATED
HORIZONTAL LINE ACROSS THE ENTIRE BALLOT. ON THE FACE OF SUCH STUB SHALL
BE PRINTED THE INSTRUCTIONS TO THE VOTER, AND ON THE BACK THEREOF, IMME-
DIATELY ABOVE THE CENTER OF THE ENDORSEMENT ON THE REAR OF THE BALLOT,
SHALL BE PRINTED "#" WITH THE BLANK SPACE FILLED IN BY AN ELECTION
INSPECTOR WITH THE CONSECUTIVE NUMBER OF BALLOTS CAST AT THE ELECTION
BEGINNING WITH #1, AND INCREASING IN REGULAR NUMERICAL ORDER.
5. ON THE REAR OF THE BALLOT, BELOW THE LINE OF PERFORATIONS, JUST TO
THE RIGHT OF CENTER AND APPEARING ON THE OUTSIDE OF THE BALLOT WHEN
FOLDED, AND ALSO ON THE FRONT OF THE BALLOT, DIRECTLY BELOW THE LINE OF
PERFORATIONS, SHALL BE PRINTED THE FOLLOWING INFORMATION:
"OFFICIAL BALLOT FOR (VILLAGE, SPECIAL DISTRICT, IMPROVEMENT DISTRICT,
LIBRARY DISTRICT OR FIRE DISTRICT) OFFICERS AND PROPOSITIONS
(THE DATE OF THE ELECTION)
(A FACSIMILE SIGNATURE OF THE OFFICER OR OFFICERS PROVIDING SUCH
BALLOT)".
6. ON THE TOP OF THE DETACHABLE STUB OR ON THE EDGE OF THE BALLOT, THE
FOLLOWING INSTRUCTIONS SHALL BE PRINTED IN HEAVY BLACK TYPE:
"INSTRUCTIONS
(A) MARK ONLY WITH A PEN HAVING BLUE OR BLACK INK OR WITH A PENCIL
HAVING BLACK LEAD.
(B) TO VOTE FOR A CANDIDATE WHOSE NAME IS PRINTED ON THIS BALLOT MAKE
A SINGLE CROSS X MARK OR A CHECK V MARK IN ONE OF THE SQUARES TO THE
RIGHT OF AN EMBLEM OPPOSITE HIS OR HER NAME.
(C) TO VOTE FOR A PERSON WHOSE NAME IS NOT PRINTED ON THIS BALLOT
WRITE OR STAMP HIS OR HER NAME ON A BLANK LINE UNDER THE NAMES OF THE
CANDIDATES FOR THAT OFFICE.
(D) TO VOTE YES OR NO ON A PROPOSAL MAKE A SINGLE X OR V MARK IN THE
SQUARE OPPOSITE YOUR VOTE.
(E) 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.
(F) DO NOT OVERVOTE. IF YOU SELECT A GREATER NUMBER OF CANDIDATES THAN
THERE ARE VACANCIES TO BE FILLED, YOUR BALLOT WILL BE VOID FOR THAT
PUBLIC OFFICE OR PARTY POSITION.
(G) IF YOU TEAR, 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."
7. EACH BALLOT SHALL BE PRINTED IN SECTIONS IN WHICH THE CANDIDATES'
NAMES, EMBLEMS AND POLITICAL DESIGNATIONS, THE BALLOT PROPOSALS AND
OTHER REQUISITE MATTER SHALL EACH BE BOXED IN BY HEAVY BLACK LINES.
ON THE BALLOT SHALL BE VOTING SQUARES IN WHICH VOTERS MAY MAKE THEIR
VOTING MARKS. ALL VOTING SQUARES SHALL BE BOUNDED BY HEAVY BLACK LINES,
THE PERPENDICULAR LINES TO BE NOT LESS THAN ONE-SIXTEENTH OF ONE INCH
WIDE. THE VOTING SQUARES AND THE SPACES OCCUPIED BY THE EMBLEM SHALL
HAVE A DEPTH AND WIDTH OF FIVE-SIXTEENTHS OF ONE INCH. NO VOTING SQUARE
SHALL BE PROVIDED IN FRONT OF 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 ONE
INCH, AND THE NAME OF A CANDIDATE OR FOR WRITING IN A NAME, ONE-FOURTH
OF ONE INCH, IN DEPTH. AT THE LEFT OF THE NAME OF EACH DESIGNATED CANDI-
S. 2339--A 3
DATE SHALL BE AN ENCLOSED VOTING SPACE, THREE-EIGHTHS OF ONE INCH IN
WIDTH AND APPROXIMATELY ONE-FOURTH OF ONE 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 ONE
INCH IN WIDTH. NO VOTING SPACE SHALL BE PROVIDED IN THE SPACE FOR WRIT-
ING 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. 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 THE
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 2. Subdivision 1 of section 7-200 of the election law, as amended by
chapter 181 of the laws of 2005, is amended to read as follows:
1. The board of elections of the city of New York and other county
boards of elections may adopt any kind of voting machine or system
approved by the state board of elections, or the use of which has been
specifically authorized by law; and thereupon such voting machine or
system may be used at any or all elections and shall be used at all
general or special elections held by such boards in such city, town or
village and in every contested primary election in the city of New York
and in every contested primary election outside the city of New York in
which there are one thousand or more enrolled voters qualified to vote;
PROVIDED, HOWEVER, THAT SUCH MACHINES AND SYSTEMS SHALL NOT BE REQUIRED
TO BE USED IN ANY VILLAGE, SPECIAL DISTRICT, IMPROVEMENT DISTRICT OR
LIBRARY DISTRICT ELECTION AND THE USE OF MECHANICAL LEVER VOTING
MACHINES SHALL BE AUTHORIZED FOR VILLAGE ELECTIONS. No more than two
types of voting machines or systems may be used by any local board of
elections at a single election. Notwithstanding the other provisions of
this subdivision, any local board of elections may borrow or lease for
use on an experimental basis for a period of not more than one year
each, voting machines or systems of any type approved by the state board
of elections.
S 3. Subdivision 1 of section 7-203 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
1. The board of elections shall provide a sufficient number of voting
machines to fully equip all election districts within its jurisdiction.
Such voting machines shall be used at all general, special and primary
elections conducted pursuant to this chapter; PROVIDED, HOWEVER, THAT
S. 2339--A 4
THE USE OF SUCH VOTING MACHINES SHALL NOT BE REQUIRED DURING VILLAGE,
SPECIAL DISTRICT, IMPROVEMENT DISTRICT OR LIBRARY DISTRICT ELECTIONS AND
THE USE OF MECHANICAL LEVER VOTING MACHINES OR PAPER BALLOTS SHALL BE
AUTHORIZED AT SUCH ELECTIONS.
S 4. Subdivision 29 of section 176 of the town law, as added by chap-
ter 568 of the laws of 1949, is amended to read as follows:
29. May authorize the use of voting machines at any annual or special
election held within the fire district and such voting machine shall be
used in accordance with the provisions contained in article nine of the
election law, PROVIDED THAT NO PROVISION OF LAW SHALL BE DEEMED TO
PROHIBIT THE USE OF MECHANICAL LEVER VOTING MACHINES OR PAPER BALLOTS AT
ANY SUCH ELECTION.
S 5. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2012.
