§ 7-104. Ballots; form of, voting machine. 1. All ballots shall be\nprinted and/or displayed in a format and arrangement, of such uniform\nsize and style as will fit the ballot frame, and shall be in as plain\nand clear a type or display as the space will reasonably permit. Such\ntype or display on the ballot shall satisfy all requirements and\nstandards set forth pursuant to the federal Help America Vote Act.\n 2. The names of parties or independent bodies which contain more than\nfifteen letters may, whenever limitations of space so require, be\nprinted on the ballot in an abbreviated form. In printing the names of\ncandidates whose full names contain more than fifteen letters, only the\nsurname must be printed in full. The officer or board charged with the\nduty of preparing the ballots shall request each such candidate to\nindicate, in writing, the shortened form in which, subject to this\nrestriction, his name shall be printed. If no such indication is\nreceived from such candidate within the time specified in the request,\nsuch officer or board shall make the necessary determination.\n 3. (a) The party name or other designation, and a designating letter\nand number shall be affixed to the name of each candidate, or, in case\nof presidential electors, to the names of the candidates for president\nand vice-president of such party.\n (b) The titles of offices may be arranged horizontally, with the names\nof candidates for an office and the slot or device for write-in ballots\nfor such office arranged vertically under the title of the office, or\nthe titles of offices may be arranged vertically, with the names of\ncandidates for an office and the slot or device for write-in ballots for\nsuch office arranged horizontally opposite the title of the office.\n (c) Each office shall occupy as many columns or rows on the machine as\nthe number of candidates to be elected to that office.\n 4. (a) The names of all candidates nominated by any party or\nindependent body for an office shall always appear in the row or column\ncontaining generally the names of candidates nominated by such party or\nindependent body for other offices except as hereinafter provided.\n (b) When the same person has been nominated for an office to be filled\nat the election by more than one party, the voting machine shall be so\nadjusted that his or her name shall appear in each row or column\ncontaining generally the names of candidates for other offices nominated\nby any such party.\n (c) If such candidate has also been nominated by one or more\nindependent bodies, his or her name shall appear only in each row or\ncolumn containing generally the names of candidates for other offices\nnominated by any such party and the name of each such independent body\nshall appear in one such row or column to be designated by the candidate\nin a writing filed with the officer or board charged with the duty of\nproviding ballots, or if such person shall fail to so designate, the\nnames of such independent bodies shall appear in such row or column as\nsuch officer or board shall determine.\n (d) If any person shall be nominated for any office by one party and\ntwo or more independent bodies his or her name shall appear on the\nvoting machine twice; once in the row or column containing generally the\nnames of candidates for other offices nominated by such party, and once\nin the row or column containing generally the names of candidates\nnominated by the independent body designated by such person in a writing\nfiled with the officer or board charged with the duty of providing\nballots and in connection with the name of such person in such row or\ncolumn shall appear the name of each independent body nominating him or\nher or, if such person shall fail to so designate, the name of such\ncandidate and the names of such independent bodies shall appear in such\nrow or column as such officer or board shall determine.\n (e) If any person is nominated for any office only by more than one\nindependent bodies, his or her name shall appear but once upon the\nmachine in one such row or column to be designated by the candidate in a\nwriting filed with the officer or board charged with the duty of\nproviding ballots, or if the candidate shall fail to so designate, in\nthe place designated by the officer or board charged with the duty of\nproviding ballots, and in connection with his or her name there shall\nappear the name of each independent body nominating him or her, but,\nwhere the capacity of the machine will permit, the name of such person\nshall not appear or be placed in a column or on a horizontal line with\nthe names of persons nominated by a party for other offices.\n 5. Notwithstanding the provisions of subdivision four of this section,\nthe name of a person who is nominated for the office of governor, or\nstate senator, or member of assembly, shall appear on the ballot as many\ntimes as there are parties or independent bodies nominating him or her,\nand there shall be a separate voting and registering device at each\nplace in which such name shall appear.\n 6. If any type of machine used in any county or city contains any\nfeature, the use of which is neither required nor prohibited by the\nprovisions of this chapter, the board of elections may, by resolution,\nrequire that one or more of such features shall be used in such county.\nThereafter all machines of such type used in such county or city shall\nbe operated in conformity with any such resolution. Any such resolution\nmay thereafter be rescinded by such board and after being so rescinded\nmay be re-adopted. Once re-adopted by any board of elections, such a\nresolution may not be rescinded again by such board.\n 7. The ballot shall have printed upon it in black ink for each party\nor independent row, at the head of the column or the beginning of the\nrow containing the names of candidates, the image of a closed fist with\nindex finger extended pointing to the party or independent row. In the\nsame space, in black letters as large as the space will permit, shall be\nprinted the name of the party or independent body and at the right of\nthe fist and below the index finger shall be printed in black ink the\nemblem and the designating letters of the row or column.\n 8. With respect to candidates for the offices of governor and\nlieutenant governor of a party or independent body, ballots shall be\nprinted so that the names of such candidates for both offices shall\nappear in the same row or column, with the name of the candidate for\ngovernor appearing first and the ballot shall be so adjusted that both\noffices are voted for jointly and have but one designating letter or\nnumber.\n
N.Y. Elec. Law § 7-104
Ballots; form of, voting machine
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.