Legislation

Search OpenLegislation Statutes
This entry was published on 2022-07-01
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 7-116
Ballots; order of names on
Election (ELN) CHAPTER 17, ARTICLE 7, TITLE 1
§ 7-116. Ballots; order of names on. 1. In printing the names of
candidates on the ballot, the candidate or candidates of the party which
polled for its candidate for the office of governor at the last
preceding election for such office the highest number of votes, shall be
row or column A or one and the candidates of the other parties shall be
placed on such ballot in descending order of such votes.

2. The officer or board who or which prepares the ballot shall
determine the order in which shall appear, below the names of party
candidates the nominations made only by independent bodies. Such officer
or board also shall determine the order in which shall be printed 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 three business days 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
official 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
delegates and alternate delegate or delegates 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
after such group or groups, in such order between themselves, 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
five members, if there be that many, and as to offices or party
positions 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.

3-a. The state board of elections shall prescribe the method, or two
or more alternative methods, for making the determinations by lot
required by subdivisions two and three of this section. Each county
board of elections shall adopt one of such methods at least ninety days
before any election to which such method shall apply.

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, to the extent practicable, the name of the candidate
designated or nominated to fill such vacancy shall be printed in the
place so determined for the original candidate.

5. The titles of public offices shall appear on ballots for primary
elections in the same consecutive order that they will appear on the
general election ballot. The titles of the party positions shall appear
in the following order: member of state committee, assembly district
leader, associate assembly district leader, members of county committee
in the city of New York, delegate or delegates to conventions, alternate
delegate or delegates to conventions, and members of county committee in
counties outside of the city of New York. Where, pursuant to the rules
of the county committee, the party position involved is that of assembly
district leader or associate assembly district leader for a part of an
assembly district, such part shall be so indicated in the title on the
ballot.

6. (a) In cases where a name is added to or removed from the ballot by
court order too late to make a complete adjustment to these requirements
feasible, the name may be added at the end of the list of candidates in
all election districts, or removed from the ballot in all election
districts without changing the previously arranged order of other names
and without invalidating the election. Any inadvertent error in the
order of names discovered too late to correct the order of the names on
the ballots concerned shall not invalidate an election.

(b) Except where a contest or candidate is removed from the ballot by
court order too late to make complete compliance with this paragraph
feasible, the title of each public office or party position and the
names of the candidates for such office or position appearing on any
ballot used for primary elections over which the county board of
elections has jurisdiction shall appear on such ballot immediately
adjacent to one another, either horizontally or vertically; and no blank
spaces shall separate the names of candidates actually running for an
office or party position on such ballot, and no blank spaces shall
separate any two such offices or positions which appear on such ballot
in the same column or row.

7. Whenever a county board of elections or the board of elections in
the city of New York must conduct a primary election in the respective
county or the city of New York in which separate contests for candidates
of different genders for the same party position are to be printed upon
the ballots, and when rules require these positions be listed separately
on the ballot, the respective county board of elections or the board of
elections in the city of New York shall determine by lot the order of
the various gendered contests. This lottery will be conducted separately
for each election that is separated by gender.