S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7761--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by M. of A. ABINANTI, GALEF -- read once and referred to the
   Committee on Election Law -- reported and referred to the Committee on
   Rules -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to write-in ballots

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6-164 of the election law, as  amended  by  chapter
 440 of the laws of 2019, is amended to read as follows:
   § 6-164. Primary, uncontested; opportunity to ballot. Enrolled members
 of  a party entitled to vote in the nomination of a candidate for public
 office or the election of a candidate for party position  in  a  primary
 election  of  such  party, and equal in number to at least the number of
 signers required to designate a candidate for such  office  or  position
 may  file  with the officer or board with whom or which are filed desig-
 nating petitions for such office or position a  petition  requesting  an
 opportunity  to  write in the name of a candidate or candidates ENROLLED
 IN SUCH PARTY, who need not be specified, for such office  or  position.
 Upon  the  receipt  of such a petition, such office or position shall be
 deemed contested and the primary ballots of the party  shall  afford  an
 opportunity to vote thereon. Requests for an opportunity to write in the
 names of candidates for two or more offices or positions may be included
 in  the same petition. Such petitions shall be subject to objections and
 court determination thereof in the same manner as designating  petitions
 so  far  as the provisions therefor are applicable. All required notices
 shall be served on the members of the committee named in  the  petition,
 and  such committee shall have capacity to bring a proceeding under this
 chapter as if such committee was a candidate  named  on  a  petition.  A
 signature  to  a  petition  for  an  opportunity  to  ballot  in primary
 elections made earlier than sixteen days before the  last  day  to  file
 designating petitions for the primary election shall not be counted.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11625-03-1

 A. 7761--A                          2
 
   § 2. Subdivision 2 of section 6-166 of the election law, as amended by
 chapter 235 of the laws of 2000, is amended to read as follows:
   2.  Each  sheet  of  such petition shall be signed in ink and shall be
 substantially in the following form:
   I, the undersigned, do hereby state that I am a duly enrolled voter of
 the .......... party and entitled to vote at the next  primary  election
 of  such  party,  that my place of residence is truly stated opposite my
 signature hereto, and I do hereby request an opportunity to write in the
 name of an undesignated candidate or candidates ENROLLED IN  SUCH  PARTY
 for  nomination  to  the public office or offices or for election to the
 party position or positions, in the political unit or units of represen-
 tation hereinafter set forth, of such party to be voted on the  .....day
 of .............  20...., as hereinafter specified.
 Public Office or party               Political unit or unit of
 position .............               representation.................
 
 The appointment of a committee to receive notices, the signatures on the
 petition  with  all  required  information and the signed statement of a
 witness or authentication by a notary public or commissioner  of  deeds,
 shall be in the form prescribed for a designating petition.
   §  3.  Section 8-308 of the election law, subdivision 2 as amended and
 subdivision 3 as renumbered by chapter 13  of  the  laws  of  1988,  and
 subdivision  4 as amended by chapter 395 of the laws of 2015, is amended
 to read as follows:
   § 8-308. Voting; voting [machine] write-in. 1. Ballots voted  for  any
 person whose name does not appear on the [machine] BALLOT as a nominated
 or designated candidate for public office or party position are referred
 to in this article as write-in ballots.
   2.  No  write-in  ballot  shall be voted for any person for any office
 whose name appears on the [machine] BALLOT as a nominated or  designated
 candidate for the office or position in question; any write-in ballot so
 voted shall not be counted.
   3.  A  write-in  ballot  must  be cast in its appropriate place on the
 [machine] BALLOT, or it shall be void and not counted.
   4. A WRITE-IN BALLOT CAST IN A  PARTY  PRIMARY  FOR  A  CANDIDATE  NOT
 ENROLLED IN SUCH PARTY SHALL BE VOID AND NOT COUNTED.
   5.  A write-in ballot may also be cast by the use of a name stamp. The
 use of name stickers, labels or pasters is prohibited.
   § 4. This act shall take effect immediately.