Search OpenLegislation Statutes

This entry was published on 2024-01-05
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.
Ballots; early mail voters
§ 7-119. Ballots; early mail voters. 1. (a) Ballots for early mail
voters shall be, as nearly as practicable, in the same form as those to
be voted in the district on election day, except that such ballots need
not have a stub, and shall have the words "Early Mail Ballot", endorsed

(b) All provisions of this chapter not inconsistent with this
subdivision shall be applicable to early mail ballots prepared for
counting by a ballot scanner or by hand. The instructions for marking an
early mail ballot shall be provided and shall be substantially as
follows, so that they accurately reflect the ballot layout:
Mark the (insert "oval" or "square") to the left of the name of your
choice. (Provide illustration of correctly-marked voting position here.)
To vote for a candidate whose name is not printed on the ballot, (insert
"mark the oval (or square) to the left of 'write-in' and print the name
clearly" or "print the name clearly in the box labeled 'write-in'"),
staying within the box. Any mark or writing outside the spaces provided
for voting may void the entire ballot. You have a right to a replacement
ballot. If you make a mistake or want to change your vote, call the
board of elections at (insert phone number here) for instructions on how
to obtain a new ballot. The number of choices is listed for each
contest. Do not mark the ballot for more candidates than allowed. If you
do, your vote in that contest will not count.

(c) When a question or proposal is included on the ballot,
instructions substantially similar to those provided in subdivision
fifteen of section 7-104 of this article shall be included.

2. The determination of the appropriate county board of elections as
to the candidates duly designated or nominated for public office or
party position whose name shall appear on the early mail ballot and as
to ballot proposals to be voted on shall be made no later than the day
after the state board of elections issues its certification of those
candidates to be voted for at the general, special or primary election.
The determinations of the state board of elections and the respective
county boards of elections shall be final and conclusive with respect to
such offices for which petitions or certificates are required to be
filed with such boards, as the case may be but nothing contained in this
section shall prevent a board of elections, or a court of competent
jurisdiction from determining at a later date that any such
certification, designation or nomination is invalid and, in the event of
such later determination, no vote cast for any such nominee by any voter
shall be counted at the election.

3. There shall be three envelopes for each early mail ballot issued by
mail: the inner affirmation envelope into which a voter places their
voted ballot, the outer envelope which shall be addressed to the early
mail voter, and the mailing envelope which is addressed to the county
board of elections. The board of elections shall furnish with each early
mail ballot an inner affirmation envelope. On one side of the envelope
shall be printed:



..........., 20.......
Name of voter ..................
Residence (street and number if any) ..............
City/or town of (village, if any) .................
County of ...............................
Assembly District ......................
Legislative District (as applicable) ..........
Ward (as applicable) .....................
Election District ....................
Party Enrollment (in case of primary election) ....................

4. The date of the election, name of the county, and name of a city,
if there be a separate ballot for city voters, shall be printed, and the
name of the voter, residence, number of the assembly district, if any,
name of town, number of ward, if any, election district and party
enrollment, if required, shall be either printed or written or stamped
in by the board.

5. There shall also be a place for two board of elections staff
members or inspectors of opposite political parties to indicate, by
placing their initials thereon, that they have checked and marked the
voter's poll record and a box labeled "BOE use only" for notations
required when the board of elections reviews affirmation ballot
envelopes pursuant to section 9-209 of this chapter.

6. On the reverse side of such inner affirmation envelope shall be
printed the following statement:


I do declare that I am a citizen of the United States, that I am duly
registered in the election district shown on the reverse side of this
envelope and I am qualified to vote in such district; that I have not
qualified nor do I intend to vote elsewhere, that I have not committed
any act nor am I under any impediment which denies me the right to vote.

I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of early mail voter, I shall
be guilty of a misdemeanor.
Date ............... 20 ................


Signature or mark of voter


Signature of Witness

(required only if voter

does not sign their own



Address of Witness

7. The inner affirmation envelope shall be gummed, ready for sealing,
and shall have printed thereon, on the side opposite the statement,
instructions as to the duties of the voter after the marking of the
ballot, which instructions shall include a specific direction stating
when such ballot must be postmarked and when such ballot must reach the
office of the board of elections in order to be canvassed.

8. Each inner affirmation ballot envelope shall be enclosed in an
outer envelope addressed to the appropriate board of elections and
bearing on it a specific direction that if an original application for
an early mail ballot is received with the ballot, such application must
be completed by the voter and returned in the outer envelope together
with the sealed inner affirmation envelope containing the early mail
ballot within the time limits for receipt of the early mail ballot
itself. Such inner affirmation envelope and outer envelope shall be
enclosed in the third envelope addressed to the early mail voter. The
outer and third envelopes shall have printed on the face thereof the
words "Election Material--Please Expedite".