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N.Y. Elec. Law § 7-106

Ballots; form of, for ballot scanners, general, primary, or special elections; additional requirements

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
§ 7-106. Election day paper ballots; form of. 1. Paper ballots which\nare to be counted by a ballot scanner may consist of two or more sheets\nwhich are divided into perforated sections which can be separated at the\ntime the ballot is scanned. Such ballots shall be printed on paper of a\nquality, size, color, and weight approved by the state board of\nelections.\n 2. All paper ballots of the same kind for the same polling place shall\nbe identical. A different, but in each case uniform style and size of\ntype, shall be used for printing the names of candidates, the titles of\noffices, political designations, and the reading form of all questions\nsubmitted. The names of candidates shall be printed in capital letters\nin black-faced type.\n 3. Each ballot shall be printed on the sheet with a stub which shall\nbe separated therefrom by a line of perforations extending across the\nentire ballot. On the face of the stub shall be printed "No........" the\nblank to be filled with consecutive number of ballots beginning with\n"No. 1", and increasing in regular numerical order.\n 4. On such ballot shall be printed the following indorsement, the\nblanks properly filled in:\nOfficial Ballot for (General, Primary or Special, as\napplicable)\nElection\nCounty of ........................\n(Assembly or Legislative, as applicable) District\n......................\n(Ward and City or town .................., as\napplicable)............\nElection District ...........................\n(Insert date of election.)\n(Insert names of election commissioners providing the ballot.)\n 5. The following ballot instructions shall be printed in heavy black\ntype:\n INSTRUCTIONS\n (1) Mark only with a writing instrument provided by the board of\nelections.\n (2) To vote for a candidate whose name is printed on this ballot fill\nin the (insert oval or square, as applicable) above or next to the name\nof the candidate.\n (3) To vote for a person whose name is not printed on this ballot\nwrite or stamp his or her name in the space labeled "write-in" that\nappears (insert at the bottom of the column, the end of the row or at\nthe bottom of the candidate names, as applicable) for such office (and,\nif required by the voting system in use at such election, the\ninstructions shall also include "and fill in the (insert oval or square,\nas applicable) corresponding with the write-in space in which you have\nwritten in a name").\n (4) To vote yes or no on a proposal, if any, that appears on the\n(indicate where on the ballot the proposal may appear) fill in the\n(insert oval or square, as applicable) that corresponds to your vote.\n (5) Any other mark or writing, or any erasure made on this ballot\noutside the voting squares or blank spaces provided for voting will void\nthis entire ballot.\n (6) Do not overvote. If you select a greater number of candidates than\nthere are vacancies to be filled, your ballot will be void for that\npublic office, party position or proposal.\n (7) If you tear, or deface, or wrongly mark this ballot, return it and\nobtain another. Do not attempt to correct mistakes on the ballot by\nmaking erasures or cross outs. Erasures or cross outs may invalidate all\nor part of your ballot. Prior to submitting your ballot, if you make a\nmistake in completing the ballot or wish to change your ballot choices,\nyou may obtain and complete a new ballot. You have a right to a\nreplacement ballot upon return of the original ballot.\n (8) After completing your ballot, insert it into the ballot scanner\nand wait for the notice that your ballot has been successfully scanned.\nIf no such notice appears, seek the assistance of an election inspector.\n 6. The instructions in subdivision five of this section may be printed\non the front or back of the ballot or on a separate sheet or card. If\nsuch instructions are not printed on the front of the ballot, there\nshall be printed on the ballot, in the largest size type for which there\nis room, the following legend: "See instructions on the other side" or\n"See enclosed instructions", whichever is appropriate.\n 7. Each such ballot shall be printed in sections in which the\ncandidates' names and political designations, the ballot proposals and\nother requisite matter shall each be boxed in by heavy black\nperpendicular lines of equal width. In each such section shall be voting\novals or squares which voters may fill in. If applicable, ovals or\nsquares shall be provided next to the blank spaces provided for a voter\nto write in a name.\n 8. The space for the title of an office shall be three-eighths of an\ninch, and the name of a candidate or for writing in a name, one-fourth\nof an inch, in depth. At the left of the name of each designated\ncandidate shall be an enclosed voting space, three-eighths of an inch in\nwidth and approximately one-fourth of an inch in depth, bounded above,\nbelow and to the right by black lines, heavier than those which separate\nthe spaces containing the names of candidates. To the left of voting\nspaces which do not adjoin a vertical line dividing two parts, there\nshall be a heavy black vertical line approximately one-eighth of an inch\nin width. No voting space shall be provided in the space for writing in\nnames. In such case, the space corresponding to a voting space shall be\nall black.\n 9. Below the names of the candidates for each office or position there\nshall be printed as many blank spaces, for writing in names of persons\nfor whom the voter desires to vote, as there are persons to be nominated\nor elected.\n 10. In case the sections shall be so numerous as to make the ballot\nunwieldy if they are printed in one column, they may be printed in as\nmany columns as shall be necessary, and in that case, in order to\nproduce a rectangular ballot, blank sections may be used.\n 11. 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. No emblem\nshall occupy a space longer in any direction than the voting square to\nwhich it relates.\n
§ 7-106. Ballots; form of, for ballot scanners, general, primary, or\nspecial elections; additional requirements. 1. In addition to ballot\nrequirements provided for in section 7-104 of this article, all ballots\nto be used with all ballot scanners shall comply with the following\nprovisions.\n 2. Paper ballots which are to be counted by a ballot scanner may\nconsist of two or more sheets which are divided into perforated sections\nwhich can be separated at the time the ballot is scanned. Such ballots\nshall be printed on paper of a quality, size, color, and weight\nspecified in the voting system's technical requirements documentation\nand shall be clearly distinguishable from sample ballots by size, color\nor other means.\n 3. All paper ballots of the same kind for the same polling place shall\nbe identical.\n 4. Each election day ballot shall be printed on the sheet with a stub\nwhich shall be separated therefrom by a line of perforations extending\nacross the entire ballot. On the face of the stub shall be printed\n"No........" the blank to be filled with consecutive number of ballots\nbeginning with "No. 1", and increasing in regular numerical order.\n 5. On such ballot shall be printed the following indorsement, the\nblanks properly filled in:\nOfficial Ballot for (General, Primary or Special, as\napplicable)\nElection\nCounty of ........................\n(Assembly or Legislative, as applicable) District\n......................\n(Ward and City or town .................., as\napplicable)............\nElection District ...........................\n(Insert date of election.)\n(Insert names of election commissioners providing the ballot.)\n

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.