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This entry was published on 2021-10-29
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SECTION 1-104
Definitions
Election (ELN) CHAPTER 17, ARTICLE 1
§ 1-104. Definitions. The terms used in this chapter shall have the
significance herein defined unless another meaning is clearly apparent
in language or context. 1. The term "political unit" means the state or
any political subdivision thereof or therein.

2. The term "unit of representation" means any political unit from
which members of any committee or delegates to a party convention shall
be elected as provided in this chapter.

3. The term "party" means any political organization which, excluding
blank and void ballots, at the last preceding election for governor
received, at least two percent of the total votes cast for its candidate
for governor, or one hundred thirty thousand votes, whichever is
greater, in the year in which a governor is elected and at least two
percent of the total votes cast for its candidate for president, or one
hundred thirty thousand votes, whichever is greater, in a year when a
president is elected.

4. The term "party position" means membership on a party committee or
the position of delegate or alternate to a party convention.

5. The term "party officer" means one who holds any party position or
any party office whether by election, appointment or otherwise.

6. The term "committee" means any committee chosen, in accordance with
the provisions of this chapter, to represent the members of a party in
any political unit.

7. The term "designation" means any method in accordance with the
provisions of this chapter by which candidates for party nomination for
public office or for election to party position may be named for the
purpose of any primary election.

8. The term "official ballot" refers to the paper ballot on which the
voter casts his vote, or the face of a voting machine as prepared for
the voter to cast his vote at any election held in accordance with the
provisions of this chapter.

9. The terms "primary" or "primary election" mean only the mandated
election at which enrolled members of a party may vote for the purpose
of nominating party candidates and electing party officers.

10. The terms "uncontested office" and "uncontested position", used in
connection with a primary election of a party, mean an office or
position for which the number of candidates designated does not exceed
the number to be nominated or elected thereto by the party, and for
which no valid petition of enrolled members of the party requesting an
opportunity to write in the name of an undesignated candidate has been
filed.

11. The term "nomination" means the selection in accordance with the
provisions of this chapter of a candidate for an office authorized to be
filled at an election.

12. The term "independent body" means any organization or group of
voters which nominates a candidate or candidates for office to be voted
for at an election, and which is not a party as herein provided.

13. The term "independent nomination" means nomination by an
independent body.

14. Words of masculine gender include the feminine except where the
provision clearly applies to only one sex.

15. The term "veterans' hospital" means any sanitarium, hospital,
soldiers' and sailors' home, United States Veterans' Administration
Hospital, or other home or institution, which is used, operated and
conducted exclusively for the care, maintenance and treatment of persons
serving in the military or naval service or coast guard of the United
States or the state of New York, or persons who (a) were honorably
discharged from such service, or (b) have a qualifying condition, as
defined in section three hundred fifty of the executive law, and have
received a discharge other than bad conduct or dishonorable from such
service, or (c) are a discharged LGBT veteran, as defined in section
three hundred fifty of the executive law, and have received a discharge
other than bad conduct or dishonorable from such service.

16. The term "county legislative body" shall mean the elected
governing body of a county, and in the city of New York, the city
council.

17. The term "ballot proposal" means any constitutional amendment,
proposition, referendum or other question submitted to the voters at any
election.

18. The word "ballot" when referring to voting machines or systems
means that portion of the cardboard or paper or other material or
electronic display within the ballot frame containing the name of the
candidate and the emblem of the party organization by which he was
nominated, of the form of submission of a proposed constitutional
amendment, proposition referendum or question as provided in this
chapter, with the word "yes" for voting for any question or the word
"no" for voting against any question except that where the question or
proposition is submitted only to the voters of a territory wholly within
a county or city, such form shall be determined by the county board of
elections. Such statement and the title shall be printed and/or
displayed in the largest type or display which it is practicable to use
in the space provided.

19. The term "ballot label" means the printed strips of cardboard or
paper used on the voting machine containing the names of the candidates
nominated, and the questions submitted.

20. The term "write-in ballot" means a vote cast for a person whose
name does not appear on the ballot labels.

21. The term "protective counter" means a separate counter built into
the voting machine that cannot be reset, and which records the total
number of movements of the operating lever.

22. The term "residence" shall be deemed to mean that place where a
person maintains a fixed, permanent and principal home and to which he,
wherever temporarily located, always intends to return.

23. The term "voting machine custodian" shall mean a city, town or
board of elections employee charged with the duty of repairing and
maintaining voting machines.

24. The term "major political parties" means the two parties which
polled for their respective candidates for the office of governor the
highest and next highest number of votes at the last preceding election
for such office.

25. The term "election officer" shall mean any person who, pursuant to
the provisions of this chapter, performs any official duty or function
in the electoral process.

26. The term "board of elections" shall mean the board of elections of
any county in the state of New York and the board of elections of the
city of New York and with respect to villages located in more than one
county, shall mean the board of elections of that county containing more
than fifty percent of the population of the village as shown by the last
federal decennial or special census.

27. The term "personal application" means a signed writing which may
be delivered by mailing or in person.

28. The term "caucus" shall mean an open meeting held in a political
subdivision to nominate the candidates of a political party for public
office to be elected in such subdivision at which all the enrolled
voters of such party residing in such subdivision are eligible to vote.

29. The term "ballot label programming" means any computerized
instructions which control the placement or the printing of candidates'
names and ballot proposals on voting machines of a type approved after
September first, nineteen hundred eighty-six.

30. The term "ballot label programming data" means the names and
ballot positions of candidates and ballot proposals stored on any
computerized device through the use of ballot label programming.

31. The term "resident vote tabulation programming" means the
permanent computerized instructions which are built into any approved
voting machine or equipment and which control the recordation,
aggregation, tabulation, storage and printing of votes by any such
machine or equipment.

32. "General village election" means the annual or biennial election
for village officers.

33. "Special village election" means any election of village officers,
other than the general village election.

34. "Village primary" means any election held by a political party for
the purpose of nominating candidates for elective village offices.

35. The term "election" shall include a "general village election" or
"special village election" except where a specific provision of this
chapter may not be consistently applied to the village election
procedure.

36. "Name stamp" means any device which, when applied with ink or
other permanent dye, can be used to imprint a person's name to a
write-in ballot permanently.

37. The term "inactive status" means a category of registered voters
who have failed to respond to a residence confirmation notice provided
for by section 5-712 of this chapter and whose registrations have
neither been restored to the active registration rolls nor been
cancelled pursuant to the provisions of this chapter.

38. "Computer generated registration list" means a printed or
electronic list of voters in alphabetical order for a single election
district or poll site, generated from a computer registration file for
each election and containing for each voter listed, a facsimile of the
signature of the voter. Such a list may be in a single volume or in more
than one volume. The list may be utilized in place of registration poll
records, to establish a person's eligibility to vote in the polling
place on election day.

(a) The state board of elections shall promulgate minimum security
standards for any electronic device, and any network or system to which
the electronic device is connected, that is used to store or otherwise
access a computer generated registration list, and shall also promulgate
a list of devices that are approved for use. No local board of elections
shall be permitted to use such a device unless the state board of
elections has previously approved the device for use and has certified
that the network or system to which the electronic device is connected
is compliant with the minimum security standards.

(b) The minimum security standards for such devices shall be
commensurate with the level of security risk applicable to such devices
and shall specifically take into account any security risk associated
with voting equipment-related supply chains in addition to any other
applicable security risk.

(c) The state board of elections shall promulgate minimum redundancy
procedures to ensure a list of registration records is available that
provides necessary information in a compressed format to ensure voting
continues if the electronic computer generated registration system
becomes unavailable for any poll site or election district that utilizes
such an electronic computer generated registration list.

39. The term "name" for purposes of designating or nominating a
candidate for public office or party position shall mean an individual's
formal name or an alternate, anglicized, or familiar form of a name or
nickname, notwithstanding the candidate's proper name as it appears on
his or her voter registration form, provided that such name is
demonstrated to be commonly used to identify the candidate in the
candidate's community, does not include a descriptive term, and further
provided that the use of such name is not intended to mislead or confuse
potential signatories, and would not tend to confuse or mislead
potential signatories, as to the candidate's identity.