Legislation
CHAPTER 17
Election
CHAPTER 233
AN ACT in relation to the election law, recodifying the provisions
thereof, by repealing chapter seventeen of the consolidated laws and
reenacting a new chapter seventeen thereof and repealing subdivision six
of section forty-two of the public officers law and amending such law in
relation to filling vacancies
Became a law June 1, 1976, with the approval of the Governor. Passed
by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
CHAPTER SEVENTEEN OF THE CONSOLIDATED LAWS
ELECTION LAW
INDEX
Article 1. General Provisions
2. Party Organization
3. Election Officials
4. Proceedings Preliminary to Registration, Enrollment and
Elections
5. Registration and Enrollment of Voters
6. Designation and Nomination of Candidates
7. Election Ballot
8. Conduct of Elections
9. Canvass of Results
10. Voting by Members of Armed Forces
11. Special Presidential and Special Federal Voters and Special
Ballots.
12. Presidential Electors and Federal Elected Officers
13. Annual Political Calendar
14. Campaign Receipts and Expenditures
15. Village Elections
16. Judicial Proceedings
17. Violations of the Elective Franchise
ARTICLE I
GENERAL PROVISIONS
Section 1-100. Short title.
1-102. Applicability of chapter.
1-104. Definitions.
1-106. Filing of papers; when received.
ARTICLE 2
PARTY ORGANIZATION
Section 2-100. Party committees; provision for.
2-102. State committee; creation.
2-104. County committee; creation.
2-106. State and county committees; election of members.
2-108. State and county committees; new party.
2-110. Committees other than state and county; creation.
2-112. Committees; organization.
2-114. Committees; rules of.
2-116. Committee; removal of member.
2-118. Committees; vacancies, how filled.
2-120. Party positions; to be filled at primary election, time
for filing statement as to.
2-122. National party conventions; delegates, election.
2-124. Party names and emblems; provision for.
ARTICLE 3
ELECTION OFFICIALS
TITLE I
STATEWIDE PROVISIONS
Section 3-100. New York state board of elections; membership;
organization.
3-102. State board of elections; general powers and duties.
3-103. Computerized record keeping; sharing information in
database.
3-104. State board of elections; enforcement powers.
3-105. Administrative complaint procedure.
3-106. Fair campaign code.
3-107. Powers and duties of the state board of elections
respecting elections and crimes against the elective
franchise.
3-108. Disaster; additional day for voting.
3-110. Time allowed employees to vote.
TITLE II
BOARD OF ELECTIONS
Section 3-200. Boards of elections; creation, qualifications of
commissioners, removal.
3-202. Election commissioners; term of office.
3-204. Election commissioners; appointment.
3-208. Election commissioners; salaries.
3-210. Election commissioners; certificate of appointment,
filing of.
3-212. Boards of elections; organization, proceedings, reports
and records.
3-214. Boards of elections; general office and branches, hours.
3-216. Boards of elections; assistance to, records to be
furnished it.
3-218. Subpoenas; power to issue by boards of elections.
3-220. Records and photostats; preservation and sale.
3-222. Preservation of ballots and records of voting machines.
3-224. Voting machines; use of by other than board of elections.
3-226. Boards of elections; ownership, care, custody and control
of voting machines.
TITLE III
ELECTION PERSONNEL
Section 3-300. Board employees; appointment.
3-302. Voting machine technicians and custodians; appointment,
duties.
TITLE IV
ELECTION INSPECTORS AND POLL CLERKS
Section 3-400. Election inspectors and poll clerks; provision for.
3-401. Election coordinators; provision for.
3-402. Election inspectors and poll clerks; authority.
3-404. Election inspectors and poll clerks; designation.
3-406. Election inspectors and poll clerks; additional.
3-408. Election inspectors and clerks; additional clerks to
count absentee ballots.
3-410. Election inspectors and poll clerks; certification.
3-412. Election inspectors and poll clerks; training.
3-414. Election inspectors and poll clerks; oath of office,
certificate of appointment.
3-416. Election inspectors, poll clerks and election
coordinators; removal.
3-418. Election inspectors and poll clerks; emergency provisions
for filling vacancies or absences.
3-420. Election inspectors, poll clerks and election
coordinators; compensation.
TITLE V
ALTERNATE PROVISIONS
Section 3-500. Alternative poll site staffing plan.
3-502. Nassau county; board of elections, special provisions.
3-504. Suffolk county; board of elections, special provisions.
3-506. Boards of elections; voting materials in Russian.
ARTICLE 4
PROCEEDINGS PRELIMINARY TO REGISTRATION,
ENROLLMENT AND ELECTIONS
Section 4-100. Election district; creation and alteration.
4-102. Maps; congressional, senatorial, assembly and election
districts.
4-104. Registration and polling places; designation of.
4-106. Certification of offices to be filled at general or
special elections; state board of elections, county,
city, village and town clerks.
4-108. Certification of proposed constitutional amendments and
questions.
4-110. Certification of primary election candidates; state board
of elections.
4-112. Certification of nominations; state board of elections.
4-114. Determination of candidates and questions; county board
of elections.
4-116. Constitutional amendments and questions; publication of
by state board of elections and secretary of state.
4-117. Check of registrants and information notice by mail.
4-118. Notice of primary election; publication of by board of
elections.
4-119. Publication of list of places for registration.
4-120. Notices of general and special elections; publication of.
4-122. Lists of nomination; publication of by board of
elections.
4-124. City of New York; publications within made necessary by
this law.
4-126. Delivery of election laws to clerks, boards and election
officers.
4-128. Supplies; furnished by board of elections or city, town
or village clerk.
4-130. Supplies for registration; manner and time of delivery.
4-132. Polling places; equipment for.
4-134. Preparation and delivery of ballots, supplies and
equipment for use at elections.
4-136. Election expenses; payment of.
4-138. Expenses of boards of elections outside New York City;
apportionment of.
ARTICLE 5
REGISTRATION AND ENROLLMENT OF VOTERS
TITLE I
GENERAL PROVISIONS
Section 5-100. Registration; required.
5-102. Qualifications of voters; age and residence.
5-104. Qualifications of voters; residence, gaining or losing.
5-106. Qualifications of voters; reasons for exclusion.
TITLE II
REGISTRATION AND ENROLLMENT
Section 5-202. Local registration; provision for.
5-204. Local registration; general provisions for the conduct
of.
5-206. Watchers.
5-208. Transfer of registration and enrollment.
5-210. Registration and enrollment and change of enrollment upon
application.
5-211. Agency assisted registration.
5-212. Motor vehicle registration.
5-213. Inactive status.
5-214. Registration cards for identification.
5-215. Veterans' absentee registration.
5-216. Registration; assistance to applicant.
5-218. Registration; challenges.
5-220. Registration; challenge after registered.
5-222. Statement of temporary absence.
5-224. Registration of voters unlawfully denied the right to
register.
5-226. Registration; voter registered in wrong district.
5-228. Registration; certificates of local registration.
5-230. Local registration; disposition of records and supplies.
TITLE III
ENROLLMENT
Section 5-300. Enrollment; generally.
5-302. Enrollment; completion.
5-304. Enrollment; change of enrollment or new enrollment by
previously registered voters.
5-306. Enrollment; correction of.
5-308. Enrollment; automatic voter registration.
5-310. Enrollment; forms of affidavits, mailing requirements.
TITLE IV
CANCELLATION OF REGISTRATION
Section 5-400. Cancellation of registration; generally.
5-402. Cancellation of registration; generally, notice to voter.
5-403. Rejection of ballot of unqualified voter; notice of
action by board.
5-404. Cancellation or registration; cancellation of record.
TITLE V
REGISTRATION RECORDS
Section 5-500. Registration records; form and content.
5-502. Registration records; supplies and equipment.
5-504. Optional discontinuation of central file registration
records.
5-506. Optional use of computer registration lists.
5-508. Confidentiality of registration records in certain cases.
TITLE VI
FILING AND CUSTODY OF REGISTRATION RECORDS
Section 5-600. Registration records; filing of.
5-601. Registration records; physically disabled voters.
5-602. Lists of registered voters; publication of.
5-604. Enrollment lists; publication of.
5-606. Lists; certification of.
5-608. Replacement of registration and enrollment records;
damaged, unusable or lost.
5-610. Registration records; new election district.
5-612. Registration records; use by village clerks and for
school district, improvement district and fire district
elections.
5-614. Statewide voter registration list.
TITLE VII
CHECKS AGAINST FRAUDULENT PRACTICES
Section 5-700. Checks on registration.
5-702. Voter's check cards; investigation.
5-704. Notification to jurisdiction of prior registration.
5-708. Change of voter status; reports of.
5-710. Check of registrants; personal.
5-712. Confirmation notices.
TITLE VIII
ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
Section 5-800. Electronic voter registration transmittal system.
5-802. Online voter registration application.
5-804. Failure to provide exemplar signature not to prevent
registration.
TITLE IX
AUTOMATIC VOTER REGISTRATION
Section 5-900. Integrated personal voter registration application
required.
5-902. Failure to receive exemplar signature not to prevent
registration.
5-904. Presumption of innocent authorized error.
5-906. Forms.
ARTICLE 6
DESIGNATION AND NOMINATION OF CANDIDATES
Section 6-100. Nominations and designations; generally.
6-102. Party nominations; electors, presidential.
6-104. Party designation; statewide office.
6-106. Party nominations; justice of the supreme court.
6-108. Party nominations; towns.
6-110. Party nominations; public office.
6-114. Party nominations; special election.
6-116. Party nominations; election to fill vacancy.
6-118. Designation and nomination by petition.
6-120. Designation and nomination; restrictions.
6-122. Designation or nomination; eligibility, restrictions.
6-124. Conventions; judicial.
6-126. Conventions; rules for holding.
6-128. New party; first nomination by.
6-130. Designating petition; form, witness, qualification.
6-132. Designating petition; form.
6-134. Designating petition; rules.
6-136. Designating petitions; number of signatures.
6-138. Independent nominations; rules.
6-140. Independent nominations; form of petition.
6-142. Independent nominations; number of signatures.
6-144. Nominating and designating petitions and certificates;
place for filing.
6-146. Nomination and designation; declination or acceptance.
6-147. Multiple designations of a candidate for a party
position.
6-148. Nomination and designation; filling vacancies.
6-150. Nomination; vacancy caused by death or disqualification,
unfilled at time of general or special election.
6-152. Vacancies caused by death or disqualification and
unfilled at time of primary election.
6-153. Certificate of candidacy by write-in candidates for
president and vice president.
6-154. Nominations and designations; objections to.
6-156. Party nominations; certification.
6-158. Nominating and designating petitions and certificates,
conventions; times for filing and holding.
6-160. Primaries.
6-162. Primary; New York City, run-off.
6-164. Primary, uncontested; opportunity to ballot.
6-166. Primary; opportunity to ballot, form of petition.
6-168. Designating petitions; candidates for the office of judge
of the civil court of the city of New York.
TITLE II
VILLAGE ELECTIONS
Section 6-200. Application of title.
6-202. Party nominations; villages.
6-204. Designating petition; form.
6-206. Independent nominations; petition, form.
6-208. Petitions, qualifications of signers.
6-210. Petitions and certificates; place and times for filing.
6-212. Designations and nominations, objections.
ARTICLE 7
ELECTION BALLOT
TITLE I
FORM OF BALLOTS
Section 7-100. Ballots; provision for.
7-102. Ballot; placing names and ballot proposals thereon.
7-104. Ballots; form of, voting machine.
7-106. Paper ballots; form of.
7-108. Ballots; form for elections.
7-110. Ballots; form for ballot proposals.
7-114. Ballots; form for primary election.
7-116. Ballots; order of names on.
7-118. Ballots; facsimile and sample.
7-120. Ballots; emergency use, to be furnished.
7-121. Ballots which are counted by machine.
7-122. Ballots; absentee voters.
7-123. Ballots; military voters.
7-124. Ballots for special federal voters.
7-125. Ballots; special presidential voters.
7-126. Ballots; pasters, use of.
7-128. Ballots; inspection of.
7-130. Ballots; examination by voters and instruction in use of
voting machines.
TITLE II
VOTING MACHINES
Section 7-200. Adoption and use of voting machine or system.
7-201. Voting machines and systems; examination of.
7-202. Voting machine or system; requirements of.
7-203. Voting machines; requirement of use.
7-204. Contracts for purchase of voting machines or systems.
7-205. Voting machines; use of at primaries.
7-206. Testing of voting machines.
7-207. Voting machines; preparation of, party representatives.
7-208. Escrow requirements.
7-209. Elimination of punch card ballots.
ARTICLE 8
CONDUCT OF ELECTIONS
TITLE I
POLLING PLACES
Section 8-100. Elections; dates of and hours for voting.
8-102. Polls; opening of.
8-104. Polls.
8-106. Polling places; attendance for educational purposes.
8-108. Change of polling place.
TITLE II
ELECTION INSPECTORS
Section 8-202. Board of inspectors; conduct of.
TITLE III
CASTING THE BALLOT
Section 8-300. Voting; manner of.
8-302. Voting; verification of registration.
8-303. Initial voter identification.
8-304. Voters; signature identification.
8-306. Voters; assistance to.
8-308. Voting; voting machine write-in.
8-310. Voting; paper ballot, delivery to voter.
8-312. Voting; paper ballots, marking and casting.
8-314. Voting; primary election, missing enrollment record.
8-316. Ballots; mutilated or spoiled.
TITLE IV
ABSENTEE VOTING
Section 8-400. Absentee voting; application for ballot.
8-402. Absentee voting; review of application by board of
elections.
8-404. Absentee voting; hospitalized veterans, special
provisions.
8-406. Absentee ballots, delivery of.
8-407. Voting by residents of nursing homes, residential health
care facilities, facilities operated or licensed, or
under the jurisdiction of, the department of mental
hygiene or hospitals or facilities operated by the
Veteran's Administration of the United States.
8-410. Absentee voting; method of.
8-412. Absentee ballots; deadline for receipt.
TITLE V
CHALLENGING VOTERS
Section 8-500. Watchers; provision for.
8-502. Challenges; generally.
8-504. Challenges; of voter at the polling place.
8-506. Challenges; absentee, military, special federal and
special presidential ballots.
8-508. Challenge report; preparation of.
8-510. Challenge report; completion of and closing of
registration poll ledgers.
TITLE VI
EARLY VOTING
Section 8-600. Early voting.
8-602. State board of elections; powers and duties for early
voting.
ARTICLE 9
CANVASS OF RESULTS
TITLE I
CANVASS AT POLLING PLACES
Section 9-100. Canvass; required.
9-102. Canvass; general provisions for.
9-104. Casting of ballot; absentee, military, special federal
and special presidential ballots.
9-106. Paper ballots; accounting for number used.
9-108. Canvass; ballots, verifying number cast.
9-110. Canvass; ballots; method of.
9-112. Canvass ballots; validity of ballot.
9-114. Counting ballots; objections to.
9-116. Tallying ballots; generally.
9-120. Returns of canvass; generally.
9-122. Proclamation of result.
9-124. Returns of canvass, procedure after.
9-126. Return of canvass; delivery of results to police and
unofficial tally of election results.
9-128. Canvass; return of.
TITLE II
CANVASS BY BOARD OF ELECTIONS
Section 9-200. Canvass of primary returns by board of elections; notices
to delegates; certificates.
9-202. Canvass of primary returns by state board of elections;
convention rolls.
9-204. County boards of canvassers.
9-206. Canvass of election district returns of general and
special elections.
9-208. Provisions for recanvass of vote in every election
district in the state; procedure in case of
discrepancy.
9-209. Canvass of absentee, military and special ballots and
ballots cast by voters with registration poll records
missing on days of election or voters who have not had
their identity previously verified or who have moved
after registering.
9-210. Statements of canvass by canvassing boards.
9-211. Audit of voter verifiable audit records.
9-212. Determinations by county canvassing boards.
9-214. Transmission of statements of canvassing boards to state
board of elections and secretary of state.
9-216. Canvass of statements of general and special elections by
state board of canvassers.
9-218. Proceedings by boards of canvassers to carry into effect
a court order.
9-220. Record in office of secretary of state of county officers
elected.
ARTICLE 10
VOTING BY MEMBERS OF ARMED FORCES
Section 10-102. Military voters; definitions.
10-104. Military voters; right to vote.
10-106. Military voters; registration and application for
ballots.
10-108. Military voters; distribution of ballots to.
10-109. Military voters; cancellation of registration.
10-112. Military voter; voting.
10-114. Military ballots; deadline for receipt, and delivery to
polling place.
10-116. Military ballots; determination of candidates thereon.
10-118. Military voting; costs of.
10-122. Military voter; absentee ballot, right to.
10-124. Military voting; division for servicemen's voting;
regulatory powers.
10-126. Military voting; applicability of general provisions.
ARTICLE 11
SPECIAL PRESIDENTIAL AND SPECIAL FEDERAL VOTERS AND SPECIAL BALLOTS
TITLE I
SPECIAL PRESIDENTIAL VOTERS
Section 11-102. Special presidential voters; change of residence;
special qualifications.
11-104. Registration and application for special presidential
ballot.
11-106. Processing of applications by board of elections.
11-108. Special presidential voters lists.
11-110. Special presidential ballots; deadline for receipt.
11-112. Application of other provisions.
TITLE II
SPECIAL FEDERAL VOTERS
Section 11-200. Special federal voters; qualifications.
11-202. Registration and enrollment of special federal voters
and application for special federal ballot.
11-204. Processing of applications by board of elections.
11-206. Special federal voters; preparation of registration poll
records and central file registration records.
11-208. Special federal voters; cancellation of registration.
11-210. Special federal voters; distribution of applications for
ballots.
11-212. Special federal ballots; deadline for receipt, and
delivery to polling place.
11-214. Use of airmail.
11-216. Forwarding of applications and ballots.
11-218. Application of other provisions.
TITLE III
SPECIAL BALLOTS
Section 11-300. Special ballots on account of religious scruples.
11-302. Special ballots for board of election employees.
11-304. Special ballots; method of casting and counting.
11-306. Special ballots; victims of domestic violence.
11-308. Special ballots for emergency responders.
ARTICLE 12
PRESIDENTIAL ELECTORS AND FEDERAL ELECTED OFFICERS
TITLE I
PRESIDENTIAL AND VICE PRESIDENTIAL ELECTORS
Section 12-100. Electors of president and vice president.
12-102. Lists of electors; state board of elections to furnish.
12-104. Electoral college; meeting and organization.
12-106. Electoral college; vote of electors.
12-108. Electoral college; certificate of vote, how distributed.
12-110. Electors; compensation.
TITLE II
UNITED STATES SENATORS
Section 12-200. United States senators; election of.
TITLE III
REPRESENTATIVES IN CONGRESS
Section 12-300. Representatives in congress; election of.
TITLE IV
AGREEMENT AMONG THE STATES TO ELECT THE
PRESIDENT BY NATIONAL POPULAR VOTE
Section 12-400. Short title.
12-402. Adoption and text of compact.
ARTICLE 13
ANNUAL POLITICAL CALENDAR
Section 13-104. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-106. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-108. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-110. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-112. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-114. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
ARTICLE 14
CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
TITLE I
CAMPAIGN RECEIPTS AND EXPENDITURES
Section 14-100. Definitions.
14-102. Statements of campaign receipts, contributions,
transfers and expenditures to and by political
committees.
14-104. Statements of campaign receipts, contributions,
transfers and expenditures by and to candidates.
14-106. Political communication.
14-108. Time for filing statements.
14-110. Place for filing statements.
14-112. Political committee authorization statement.
14-114. Contribution and receipt limitations.
14-116. Political contributions by certain organizations.
14-118. Treasurer and depository of political committee; filing
of name and address.
14-120. Campaign contribution to be under true name of
contributor.
14-122. Accounting to treasurer or candidate; vouchers.
14-124. Exceptions.
14-126. Violations; penalties.
14-127. Notice of civil penalty to authorizing candidate.
14-128. Disposition of anonymous contributions.
14-130. Campaign funds for personal use.
14-132. Disposition of campaign funds.
TITLE II
PUBLIC FINANCING
Section 14-200. Legislative findings and intent.
14-200-a. Definitions.
14-201. Political committee registration.
14-202. Proof of compliance.
14-203. Eligibility.
14-204. Limits on public financing.
14-205. Payment of public matching funds.
14-206. Use of public matching funds; qualified campaign
expenditures.
14-207. Composition, powers, and duties of the public campaign
finance board.
14-208. Audits and repayments.
14-209. Enforcement and penalties for violations and other
proceedings.
14-210. Reports.
14-211. Debates for candidates for statewide office.
14-212. Severability.
ARTICLE 15
VILLAGE ELECTIONS
Section 15-100. Application of article.
15-102. Definitions.
15-104. General village election.
15-106. Special village elections for officers.
15-108. Designation and nomination of candidates.
15-110. Election districts.
15-112. Registers and poll-books; how used.
15-114. Number of voting machines.
15-116. Inspectors of election.
15-118. Registration of voters.
15-120. Absentee voting at village elections.
15-122. Absentee voting at village elections for persons unable
to appear because of illness or physical disability.
15-124. Duties of village clerk.
15-126. Canvass of election.
15-128. Notice to person chosen to a village office.
15-130. Election of trustees by wards.
15-132. Votes upon propositions to be by ballot or voting
machine.
15-134. Failure to designate terms.
15-136. Refusal of officer to surrender his office.
15-138. Judicial review of matters relating to village
elections.
ARTICLE 16
JUDICIAL PROCEEDINGS
Section 16-100. Jurisdiction; supreme court, county court.
16-102. Proceedings as to designations and nominations, primary
elections, etc.
16-104. Proceedings as to form of ballot, party name, etc.
16-106. Proceedings as to the casting and canvass of ballots.
16-108. Proceedings as to registration and voting.
16-110. Proceedings as to enrollment.
16-112. Proceedings for examination or preservation of ballots.
16-113. Audit of voter verifiable records.
16-114. Proceedings to compel filing of statements or corrected
statements of campaign receipts, expenditures and
contributions.
16-115. Proceedings with respect to utilizing certain buildings
as polling places.
16-116. Proceedings; provisions in relation thereto.
16-118. Proceedings to review removal of committee member or
officer.
16-120. Enforcement proceedings.
ARTICLE 17
VIOLATIONS OF THE ELECTIVE FRANCHISE
Section 17-100. Definitions.
17-102. Misdemeanors at, or in connection with, primary
elections, caucuses, enrollment in political parties,
committees, and conventions.
17-104. False registration.
17-106. Misconduct of election officers.
17-108. False affidavits; mutilation, destruction or loss of
registry list or affidavits.
17-110. Misdemeanors concerning police commissioners or officers
or members of any police force.
17-112. Soliciting media support.
17-114. Failure to furnish information; false information.
17-116. Removal, mutilation or destruction of election booths,
supplies, poll-lists or cards of instruction.
17-118. Refusal to permit employees to attend election.
17-120. Misconduct in relation to certificate of nomination and
official ballot.
17-122. Misconduct in relation to petitions.
17-124. Failure to deliver official ballots.
17-126. Misconduct of election officers.
17-128. Violations of election law by public officer or
employee.
17-130. Misdemeanor in relation to elections.
17-132. Illegal voting.
17-134. Unlawful use of pasters.
17-136. False returns; unlawful acts respecting returns.
17-140. Furnishing money or entertainment to induce attendance
at polls.
17-142. Giving consideration for franchise.
17-144. Receiving consideration for franchise.
17-146. Offender a competent witness; witnesses' immunity.
17-148. Bribery or intimidation of elector in military service
of the United States.
17-150. Duress and intimidation of voters.
17-152. Conspiracy to promote or prevent election.
17-154. Pernicious political activities.
17-156. Political assessments.
17-158. Corrupt use of position or authority.
17-160. Procuring fraudulent documents in order to vote.
17-162. Judicial candidates not to contribute.
17-164. Political contributions by owners of polling places
prohibited.
17-166. Penalty.
17-168. Crimes against the elective franchise not otherwise
provided for.
17-170. Destroying or delaying election returns.
AN ACT in relation to the election law, recodifying the provisions
thereof, by repealing chapter seventeen of the consolidated laws and
reenacting a new chapter seventeen thereof and repealing subdivision six
of section forty-two of the public officers law and amending such law in
relation to filling vacancies
Became a law June 1, 1976, with the approval of the Governor. Passed
by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
CHAPTER SEVENTEEN OF THE CONSOLIDATED LAWS
ELECTION LAW
INDEX
Article 1. General Provisions
2. Party Organization
3. Election Officials
4. Proceedings Preliminary to Registration, Enrollment and
Elections
5. Registration and Enrollment of Voters
6. Designation and Nomination of Candidates
7. Election Ballot
8. Conduct of Elections
9. Canvass of Results
10. Voting by Members of Armed Forces
11. Special Presidential and Special Federal Voters and Special
Ballots.
12. Presidential Electors and Federal Elected Officers
13. Annual Political Calendar
14. Campaign Receipts and Expenditures
15. Village Elections
16. Judicial Proceedings
17. Violations of the Elective Franchise
ARTICLE I
GENERAL PROVISIONS
Section 1-100. Short title.
1-102. Applicability of chapter.
1-104. Definitions.
1-106. Filing of papers; when received.
ARTICLE 2
PARTY ORGANIZATION
Section 2-100. Party committees; provision for.
2-102. State committee; creation.
2-104. County committee; creation.
2-106. State and county committees; election of members.
2-108. State and county committees; new party.
2-110. Committees other than state and county; creation.
2-112. Committees; organization.
2-114. Committees; rules of.
2-116. Committee; removal of member.
2-118. Committees; vacancies, how filled.
2-120. Party positions; to be filled at primary election, time
for filing statement as to.
2-122. National party conventions; delegates, election.
2-124. Party names and emblems; provision for.
ARTICLE 3
ELECTION OFFICIALS
TITLE I
STATEWIDE PROVISIONS
Section 3-100. New York state board of elections; membership;
organization.
3-102. State board of elections; general powers and duties.
3-103. Computerized record keeping; sharing information in
database.
3-104. State board of elections; enforcement powers.
3-105. Administrative complaint procedure.
3-106. Fair campaign code.
3-107. Powers and duties of the state board of elections
respecting elections and crimes against the elective
franchise.
3-108. Disaster; additional day for voting.
3-110. Time allowed employees to vote.
TITLE II
BOARD OF ELECTIONS
Section 3-200. Boards of elections; creation, qualifications of
commissioners, removal.
3-202. Election commissioners; term of office.
3-204. Election commissioners; appointment.
3-208. Election commissioners; salaries.
3-210. Election commissioners; certificate of appointment,
filing of.
3-212. Boards of elections; organization, proceedings, reports
and records.
3-214. Boards of elections; general office and branches, hours.
3-216. Boards of elections; assistance to, records to be
furnished it.
3-218. Subpoenas; power to issue by boards of elections.
3-220. Records and photostats; preservation and sale.
3-222. Preservation of ballots and records of voting machines.
3-224. Voting machines; use of by other than board of elections.
3-226. Boards of elections; ownership, care, custody and control
of voting machines.
TITLE III
ELECTION PERSONNEL
Section 3-300. Board employees; appointment.
3-302. Voting machine technicians and custodians; appointment,
duties.
TITLE IV
ELECTION INSPECTORS AND POLL CLERKS
Section 3-400. Election inspectors and poll clerks; provision for.
3-401. Election coordinators; provision for.
3-402. Election inspectors and poll clerks; authority.
3-404. Election inspectors and poll clerks; designation.
3-406. Election inspectors and poll clerks; additional.
3-408. Election inspectors and clerks; additional clerks to
count absentee ballots.
3-410. Election inspectors and poll clerks; certification.
3-412. Election inspectors and poll clerks; training.
3-414. Election inspectors and poll clerks; oath of office,
certificate of appointment.
3-416. Election inspectors, poll clerks and election
coordinators; removal.
3-418. Election inspectors and poll clerks; emergency provisions
for filling vacancies or absences.
3-420. Election inspectors, poll clerks and election
coordinators; compensation.
TITLE V
ALTERNATE PROVISIONS
Section 3-500. Alternative poll site staffing plan.
3-502. Nassau county; board of elections, special provisions.
3-504. Suffolk county; board of elections, special provisions.
3-506. Boards of elections; voting materials in Russian.
ARTICLE 4
PROCEEDINGS PRELIMINARY TO REGISTRATION,
ENROLLMENT AND ELECTIONS
Section 4-100. Election district; creation and alteration.
4-102. Maps; congressional, senatorial, assembly and election
districts.
4-104. Registration and polling places; designation of.
4-106. Certification of offices to be filled at general or
special elections; state board of elections, county,
city, village and town clerks.
4-108. Certification of proposed constitutional amendments and
questions.
4-110. Certification of primary election candidates; state board
of elections.
4-112. Certification of nominations; state board of elections.
4-114. Determination of candidates and questions; county board
of elections.
4-116. Constitutional amendments and questions; publication of
by state board of elections and secretary of state.
4-117. Check of registrants and information notice by mail.
4-118. Notice of primary election; publication of by board of
elections.
4-119. Publication of list of places for registration.
4-120. Notices of general and special elections; publication of.
4-122. Lists of nomination; publication of by board of
elections.
4-124. City of New York; publications within made necessary by
this law.
4-126. Delivery of election laws to clerks, boards and election
officers.
4-128. Supplies; furnished by board of elections or city, town
or village clerk.
4-130. Supplies for registration; manner and time of delivery.
4-132. Polling places; equipment for.
4-134. Preparation and delivery of ballots, supplies and
equipment for use at elections.
4-136. Election expenses; payment of.
4-138. Expenses of boards of elections outside New York City;
apportionment of.
ARTICLE 5
REGISTRATION AND ENROLLMENT OF VOTERS
TITLE I
GENERAL PROVISIONS
Section 5-100. Registration; required.
5-102. Qualifications of voters; age and residence.
5-104. Qualifications of voters; residence, gaining or losing.
5-106. Qualifications of voters; reasons for exclusion.
TITLE II
REGISTRATION AND ENROLLMENT
Section 5-202. Local registration; provision for.
5-204. Local registration; general provisions for the conduct
of.
5-206. Watchers.
5-208. Transfer of registration and enrollment.
5-210. Registration and enrollment and change of enrollment upon
application.
5-211. Agency assisted registration.
5-212. Motor vehicle registration.
5-213. Inactive status.
5-214. Registration cards for identification.
5-215. Veterans' absentee registration.
5-216. Registration; assistance to applicant.
5-218. Registration; challenges.
5-220. Registration; challenge after registered.
5-222. Statement of temporary absence.
5-224. Registration of voters unlawfully denied the right to
register.
5-226. Registration; voter registered in wrong district.
5-228. Registration; certificates of local registration.
5-230. Local registration; disposition of records and supplies.
TITLE III
ENROLLMENT
Section 5-300. Enrollment; generally.
5-302. Enrollment; completion.
5-304. Enrollment; change of enrollment or new enrollment by
previously registered voters.
5-306. Enrollment; correction of.
5-308. Enrollment; automatic voter registration.
5-310. Enrollment; forms of affidavits, mailing requirements.
TITLE IV
CANCELLATION OF REGISTRATION
Section 5-400. Cancellation of registration; generally.
5-402. Cancellation of registration; generally, notice to voter.
5-403. Rejection of ballot of unqualified voter; notice of
action by board.
5-404. Cancellation or registration; cancellation of record.
TITLE V
REGISTRATION RECORDS
Section 5-500. Registration records; form and content.
5-502. Registration records; supplies and equipment.
5-504. Optional discontinuation of central file registration
records.
5-506. Optional use of computer registration lists.
5-508. Confidentiality of registration records in certain cases.
TITLE VI
FILING AND CUSTODY OF REGISTRATION RECORDS
Section 5-600. Registration records; filing of.
5-601. Registration records; physically disabled voters.
5-602. Lists of registered voters; publication of.
5-604. Enrollment lists; publication of.
5-606. Lists; certification of.
5-608. Replacement of registration and enrollment records;
damaged, unusable or lost.
5-610. Registration records; new election district.
5-612. Registration records; use by village clerks and for
school district, improvement district and fire district
elections.
5-614. Statewide voter registration list.
TITLE VII
CHECKS AGAINST FRAUDULENT PRACTICES
Section 5-700. Checks on registration.
5-702. Voter's check cards; investigation.
5-704. Notification to jurisdiction of prior registration.
5-708. Change of voter status; reports of.
5-710. Check of registrants; personal.
5-712. Confirmation notices.
TITLE VIII
ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
Section 5-800. Electronic voter registration transmittal system.
5-802. Online voter registration application.
5-804. Failure to provide exemplar signature not to prevent
registration.
TITLE IX
AUTOMATIC VOTER REGISTRATION
Section 5-900. Integrated personal voter registration application
required.
5-902. Failure to receive exemplar signature not to prevent
registration.
5-904. Presumption of innocent authorized error.
5-906. Forms.
ARTICLE 6
DESIGNATION AND NOMINATION OF CANDIDATES
Section 6-100. Nominations and designations; generally.
6-102. Party nominations; electors, presidential.
6-104. Party designation; statewide office.
6-106. Party nominations; justice of the supreme court.
6-108. Party nominations; towns.
6-110. Party nominations; public office.
6-114. Party nominations; special election.
6-116. Party nominations; election to fill vacancy.
6-118. Designation and nomination by petition.
6-120. Designation and nomination; restrictions.
6-122. Designation or nomination; eligibility, restrictions.
6-124. Conventions; judicial.
6-126. Conventions; rules for holding.
6-128. New party; first nomination by.
6-130. Designating petition; form, witness, qualification.
6-132. Designating petition; form.
6-134. Designating petition; rules.
6-136. Designating petitions; number of signatures.
6-138. Independent nominations; rules.
6-140. Independent nominations; form of petition.
6-142. Independent nominations; number of signatures.
6-144. Nominating and designating petitions and certificates;
place for filing.
6-146. Nomination and designation; declination or acceptance.
6-147. Multiple designations of a candidate for a party
position.
6-148. Nomination and designation; filling vacancies.
6-150. Nomination; vacancy caused by death or disqualification,
unfilled at time of general or special election.
6-152. Vacancies caused by death or disqualification and
unfilled at time of primary election.
6-153. Certificate of candidacy by write-in candidates for
president and vice president.
6-154. Nominations and designations; objections to.
6-156. Party nominations; certification.
6-158. Nominating and designating petitions and certificates,
conventions; times for filing and holding.
6-160. Primaries.
6-162. Primary; New York City, run-off.
6-164. Primary, uncontested; opportunity to ballot.
6-166. Primary; opportunity to ballot, form of petition.
6-168. Designating petitions; candidates for the office of judge
of the civil court of the city of New York.
TITLE II
VILLAGE ELECTIONS
Section 6-200. Application of title.
6-202. Party nominations; villages.
6-204. Designating petition; form.
6-206. Independent nominations; petition, form.
6-208. Petitions, qualifications of signers.
6-210. Petitions and certificates; place and times for filing.
6-212. Designations and nominations, objections.
ARTICLE 7
ELECTION BALLOT
TITLE I
FORM OF BALLOTS
Section 7-100. Ballots; provision for.
7-102. Ballot; placing names and ballot proposals thereon.
7-104. Ballots; form of, voting machine.
7-106. Paper ballots; form of.
7-108. Ballots; form for elections.
7-110. Ballots; form for ballot proposals.
7-114. Ballots; form for primary election.
7-116. Ballots; order of names on.
7-118. Ballots; facsimile and sample.
7-120. Ballots; emergency use, to be furnished.
7-121. Ballots which are counted by machine.
7-122. Ballots; absentee voters.
7-123. Ballots; military voters.
7-124. Ballots for special federal voters.
7-125. Ballots; special presidential voters.
7-126. Ballots; pasters, use of.
7-128. Ballots; inspection of.
7-130. Ballots; examination by voters and instruction in use of
voting machines.
TITLE II
VOTING MACHINES
Section 7-200. Adoption and use of voting machine or system.
7-201. Voting machines and systems; examination of.
7-202. Voting machine or system; requirements of.
7-203. Voting machines; requirement of use.
7-204. Contracts for purchase of voting machines or systems.
7-205. Voting machines; use of at primaries.
7-206. Testing of voting machines.
7-207. Voting machines; preparation of, party representatives.
7-208. Escrow requirements.
7-209. Elimination of punch card ballots.
ARTICLE 8
CONDUCT OF ELECTIONS
TITLE I
POLLING PLACES
Section 8-100. Elections; dates of and hours for voting.
8-102. Polls; opening of.
8-104. Polls.
8-106. Polling places; attendance for educational purposes.
8-108. Change of polling place.
TITLE II
ELECTION INSPECTORS
Section 8-202. Board of inspectors; conduct of.
TITLE III
CASTING THE BALLOT
Section 8-300. Voting; manner of.
8-302. Voting; verification of registration.
8-303. Initial voter identification.
8-304. Voters; signature identification.
8-306. Voters; assistance to.
8-308. Voting; voting machine write-in.
8-310. Voting; paper ballot, delivery to voter.
8-312. Voting; paper ballots, marking and casting.
8-314. Voting; primary election, missing enrollment record.
8-316. Ballots; mutilated or spoiled.
TITLE IV
ABSENTEE VOTING
Section 8-400. Absentee voting; application for ballot.
8-402. Absentee voting; review of application by board of
elections.
8-404. Absentee voting; hospitalized veterans, special
provisions.
8-406. Absentee ballots, delivery of.
8-407. Voting by residents of nursing homes, residential health
care facilities, facilities operated or licensed, or
under the jurisdiction of, the department of mental
hygiene or hospitals or facilities operated by the
Veteran's Administration of the United States.
8-410. Absentee voting; method of.
8-412. Absentee ballots; deadline for receipt.
TITLE V
CHALLENGING VOTERS
Section 8-500. Watchers; provision for.
8-502. Challenges; generally.
8-504. Challenges; of voter at the polling place.
8-506. Challenges; absentee, military, special federal and
special presidential ballots.
8-508. Challenge report; preparation of.
8-510. Challenge report; completion of and closing of
registration poll ledgers.
TITLE VI
EARLY VOTING
Section 8-600. Early voting.
8-602. State board of elections; powers and duties for early
voting.
ARTICLE 9
CANVASS OF RESULTS
TITLE I
CANVASS AT POLLING PLACES
Section 9-100. Canvass; required.
9-102. Canvass; general provisions for.
9-104. Casting of ballot; absentee, military, special federal
and special presidential ballots.
9-106. Paper ballots; accounting for number used.
9-108. Canvass; ballots, verifying number cast.
9-110. Canvass; ballots; method of.
9-112. Canvass ballots; validity of ballot.
9-114. Counting ballots; objections to.
9-116. Tallying ballots; generally.
9-120. Returns of canvass; generally.
9-122. Proclamation of result.
9-124. Returns of canvass, procedure after.
9-126. Return of canvass; delivery of results to police and
unofficial tally of election results.
9-128. Canvass; return of.
TITLE II
CANVASS BY BOARD OF ELECTIONS
Section 9-200. Canvass of primary returns by board of elections; notices
to delegates; certificates.
9-202. Canvass of primary returns by state board of elections;
convention rolls.
9-204. County boards of canvassers.
9-206. Canvass of election district returns of general and
special elections.
9-208. Provisions for recanvass of vote in every election
district in the state; procedure in case of
discrepancy.
9-209. Canvass of absentee, military and special ballots and
ballots cast by voters with registration poll records
missing on days of election or voters who have not had
their identity previously verified or who have moved
after registering.
9-210. Statements of canvass by canvassing boards.
9-211. Audit of voter verifiable audit records.
9-212. Determinations by county canvassing boards.
9-214. Transmission of statements of canvassing boards to state
board of elections and secretary of state.
9-216. Canvass of statements of general and special elections by
state board of canvassers.
9-218. Proceedings by boards of canvassers to carry into effect
a court order.
9-220. Record in office of secretary of state of county officers
elected.
ARTICLE 10
VOTING BY MEMBERS OF ARMED FORCES
Section 10-102. Military voters; definitions.
10-104. Military voters; right to vote.
10-106. Military voters; registration and application for
ballots.
10-108. Military voters; distribution of ballots to.
10-109. Military voters; cancellation of registration.
10-112. Military voter; voting.
10-114. Military ballots; deadline for receipt, and delivery to
polling place.
10-116. Military ballots; determination of candidates thereon.
10-118. Military voting; costs of.
10-122. Military voter; absentee ballot, right to.
10-124. Military voting; division for servicemen's voting;
regulatory powers.
10-126. Military voting; applicability of general provisions.
ARTICLE 11
SPECIAL PRESIDENTIAL AND SPECIAL FEDERAL VOTERS AND SPECIAL BALLOTS
TITLE I
SPECIAL PRESIDENTIAL VOTERS
Section 11-102. Special presidential voters; change of residence;
special qualifications.
11-104. Registration and application for special presidential
ballot.
11-106. Processing of applications by board of elections.
11-108. Special presidential voters lists.
11-110. Special presidential ballots; deadline for receipt.
11-112. Application of other provisions.
TITLE II
SPECIAL FEDERAL VOTERS
Section 11-200. Special federal voters; qualifications.
11-202. Registration and enrollment of special federal voters
and application for special federal ballot.
11-204. Processing of applications by board of elections.
11-206. Special federal voters; preparation of registration poll
records and central file registration records.
11-208. Special federal voters; cancellation of registration.
11-210. Special federal voters; distribution of applications for
ballots.
11-212. Special federal ballots; deadline for receipt, and
delivery to polling place.
11-214. Use of airmail.
11-216. Forwarding of applications and ballots.
11-218. Application of other provisions.
TITLE III
SPECIAL BALLOTS
Section 11-300. Special ballots on account of religious scruples.
11-302. Special ballots for board of election employees.
11-304. Special ballots; method of casting and counting.
11-306. Special ballots; victims of domestic violence.
11-308. Special ballots for emergency responders.
ARTICLE 12
PRESIDENTIAL ELECTORS AND FEDERAL ELECTED OFFICERS
TITLE I
PRESIDENTIAL AND VICE PRESIDENTIAL ELECTORS
Section 12-100. Electors of president and vice president.
12-102. Lists of electors; state board of elections to furnish.
12-104. Electoral college; meeting and organization.
12-106. Electoral college; vote of electors.
12-108. Electoral college; certificate of vote, how distributed.
12-110. Electors; compensation.
TITLE II
UNITED STATES SENATORS
Section 12-200. United States senators; election of.
TITLE III
REPRESENTATIVES IN CONGRESS
Section 12-300. Representatives in congress; election of.
TITLE IV
AGREEMENT AMONG THE STATES TO ELECT THE
PRESIDENT BY NATIONAL POPULAR VOTE
Section 12-400. Short title.
12-402. Adoption and text of compact.
ARTICLE 13
ANNUAL POLITICAL CALENDAR
Section 13-104. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-106. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-108. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-110. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-112. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
13-114. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen
hundred eighty-one.
ARTICLE 14
CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
TITLE I
CAMPAIGN RECEIPTS AND EXPENDITURES
Section 14-100. Definitions.
14-102. Statements of campaign receipts, contributions,
transfers and expenditures to and by political
committees.
14-104. Statements of campaign receipts, contributions,
transfers and expenditures by and to candidates.
14-106. Political communication.
14-108. Time for filing statements.
14-110. Place for filing statements.
14-112. Political committee authorization statement.
14-114. Contribution and receipt limitations.
14-116. Political contributions by certain organizations.
14-118. Treasurer and depository of political committee; filing
of name and address.
14-120. Campaign contribution to be under true name of
contributor.
14-122. Accounting to treasurer or candidate; vouchers.
14-124. Exceptions.
14-126. Violations; penalties.
14-127. Notice of civil penalty to authorizing candidate.
14-128. Disposition of anonymous contributions.
14-130. Campaign funds for personal use.
14-132. Disposition of campaign funds.
TITLE II
PUBLIC FINANCING
Section 14-200. Legislative findings and intent.
14-200-a. Definitions.
14-201. Political committee registration.
14-202. Proof of compliance.
14-203. Eligibility.
14-204. Limits on public financing.
14-205. Payment of public matching funds.
14-206. Use of public matching funds; qualified campaign
expenditures.
14-207. Composition, powers, and duties of the public campaign
finance board.
14-208. Audits and repayments.
14-209. Enforcement and penalties for violations and other
proceedings.
14-210. Reports.
14-211. Debates for candidates for statewide office.
14-212. Severability.
ARTICLE 15
VILLAGE ELECTIONS
Section 15-100. Application of article.
15-102. Definitions.
15-104. General village election.
15-106. Special village elections for officers.
15-108. Designation and nomination of candidates.
15-110. Election districts.
15-112. Registers and poll-books; how used.
15-114. Number of voting machines.
15-116. Inspectors of election.
15-118. Registration of voters.
15-120. Absentee voting at village elections.
15-122. Absentee voting at village elections for persons unable
to appear because of illness or physical disability.
15-124. Duties of village clerk.
15-126. Canvass of election.
15-128. Notice to person chosen to a village office.
15-130. Election of trustees by wards.
15-132. Votes upon propositions to be by ballot or voting
machine.
15-134. Failure to designate terms.
15-136. Refusal of officer to surrender his office.
15-138. Judicial review of matters relating to village
elections.
ARTICLE 16
JUDICIAL PROCEEDINGS
Section 16-100. Jurisdiction; supreme court, county court.
16-102. Proceedings as to designations and nominations, primary
elections, etc.
16-104. Proceedings as to form of ballot, party name, etc.
16-106. Proceedings as to the casting and canvass of ballots.
16-108. Proceedings as to registration and voting.
16-110. Proceedings as to enrollment.
16-112. Proceedings for examination or preservation of ballots.
16-113. Audit of voter verifiable records.
16-114. Proceedings to compel filing of statements or corrected
statements of campaign receipts, expenditures and
contributions.
16-115. Proceedings with respect to utilizing certain buildings
as polling places.
16-116. Proceedings; provisions in relation thereto.
16-118. Proceedings to review removal of committee member or
officer.
16-120. Enforcement proceedings.
ARTICLE 17
VIOLATIONS OF THE ELECTIVE FRANCHISE
Section 17-100. Definitions.
17-102. Misdemeanors at, or in connection with, primary
elections, caucuses, enrollment in political parties,
committees, and conventions.
17-104. False registration.
17-106. Misconduct of election officers.
17-108. False affidavits; mutilation, destruction or loss of
registry list or affidavits.
17-110. Misdemeanors concerning police commissioners or officers
or members of any police force.
17-112. Soliciting media support.
17-114. Failure to furnish information; false information.
17-116. Removal, mutilation or destruction of election booths,
supplies, poll-lists or cards of instruction.
17-118. Refusal to permit employees to attend election.
17-120. Misconduct in relation to certificate of nomination and
official ballot.
17-122. Misconduct in relation to petitions.
17-124. Failure to deliver official ballots.
17-126. Misconduct of election officers.
17-128. Violations of election law by public officer or
employee.
17-130. Misdemeanor in relation to elections.
17-132. Illegal voting.
17-134. Unlawful use of pasters.
17-136. False returns; unlawful acts respecting returns.
17-140. Furnishing money or entertainment to induce attendance
at polls.
17-142. Giving consideration for franchise.
17-144. Receiving consideration for franchise.
17-146. Offender a competent witness; witnesses' immunity.
17-148. Bribery or intimidation of elector in military service
of the United States.
17-150. Duress and intimidation of voters.
17-152. Conspiracy to promote or prevent election.
17-154. Pernicious political activities.
17-156. Political assessments.
17-158. Corrupt use of position or authority.
17-160. Procuring fraudulent documents in order to vote.
17-162. Judicial candidates not to contribute.
17-164. Political contributions by owners of polling places
prohibited.
17-166. Penalty.
17-168. Crimes against the elective franchise not otherwise
provided for.
17-170. Destroying or delaying election returns.