N.Y. Elec. Law § 7-122

§ 7-122. Ballots; absentee voters. 1. (a) Ballots for absentee voters\nshall be, as nearly as practicable, in the same form as those to be\nvoted in the district on election day, if any, except that ballots for\nprimary elections shall omit the party position of ward, town, city or\ncounty committee and except further that such ballots need not have a\nstub, and shall have the words "Absentee Ballot", endorsed thereon.\n (b) The names of candidates upon the ballot shall be printed in\nappropriate sections, with titles of offices, section numbers, emblems,\nvoting squares, names of parties and political organizations and blank\nspaces for writing in names of persons not printed on the ballot. Except\nas to the spacing, such ballot shall be printed wherever applicable\nsubstantially as follows:\n (Form in chap. 381/79)\n (c) The indorsement shall be printed and properly filled in:\nOfficial Absentee Ballot for (General, Primary or Special, as\napplicable)\nElection\nCounty of......................\n(Assembly or Legislative, as applicable) District................\n(Ward and City or town, as applicable)...........................\n(Insert date of election)\n(Insert names of election commissioners providing the ballot)\n (d) On the front of the ballot prepared for counting by hand, shall be\nprinted in heavy black type the following instructions:\n INSTRUCTIONS\n 1. Mark in pen or pencil.\n 2. To vote for a candidate whose name is printed on this ballot, make\na single cross X mark or a single check, V mark in the voting square\nabove the name of the candidate.\n 3. To vote for a person whose name is not printed on this ballot write\nor stamp his or her name in the space that appears at the bottom of the\ncolumn or the end of the row (indicate where on the ballot the write-in\nspace appears) containing the title of the office.\n 4. To vote on a proposal make a cross X mark or a check V mark in one\nof the squares contained in the box setting forth such proposal.\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, call the board\nof elections at (insert phone number here) for instructions on how to\nobtain a new ballot. 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 2. The following provisions shall apply to all absentee ballots\nprepared for counting by a ballot scanner and all other provisions of\nthis chapter not inconsistent with this subdivision shall be applicable\nto such ballots:\n (a) The party emblem need not be printed next to the name of each\ncandidate.\n (b) The ballot proposals may be on the back of the ballot, or on a\nseparate ballot.\n (c) The printed instructions to the voter shall read as follows:\n INSTRUCTIONS\n 1. Mark only with a pen or pencil.\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 or the end of the row, as\napplicable) containing the title of the office and, if required by the\nvoting system in use at such election, the instructions shall also\ninclude "and fill in the (insert oval or square, as applicable)\ncorresponding with the write-in space in which the voter has written a\nname."\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, call the board\nof elections at (insert phone number here) for instructions on how to\nobtain a new ballot. 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 (d) Such instructions may be printed on the front or back of the\nballot or on a separate sheet or card. If such instructions are not\nprinted on the front of the ballot, there shall be printed on the\nballot, in the largest size type for which there is room, the following\nlegend: "See instructions on other side" or "See enclosed instructions",\nwhichever is appropriate.\n (e) Such ballots which are to be counted by a ballot scanner may\nconsist of two or more sheets, which are divided into perforated\nsections which can be separated at the time of canvassing.\n 3. The determination of the appropriate county board of elections as\nto the candidates duly designated or nominated for public office or\nparty position whose name shall appear on the absentee ballot and as to\nballot proposals to be voted on shall be made no later than the day\nafter the state board of elections issues its certification of those\ncandidates to be voted for at the general, special or primary election.\nThe determinations of the state board of elections and the respective\ncounty boards of elections shall be final and conclusive with respect to\nsuch offices for which petitions or certificates are required to be\nfiled with such boards, as the case may be but nothing herein contained\nshall prevent a board of elections, or a court of competent jurisdiction\nfrom determining at a later date that any such certification,\ndesignation or nomination is invalid and, in the event of such later\ndetermination, no vote cast for any such nominee by any voter shall be\ncounted at the election.\n 5. The board of elections shall furnish with each absentee ballot an\ninner affirmation envelope. On one side of the envelope shall be\nprinted:\n OFFICIAL ABSENTEE BALLOT\n for\n GENERAL (OR PRIMARY OR SPECIAL) ELECTION,\n ........., 20.....\nName of voter.........................................\nResidence (street and number if any)..................\nCity/or town of.......(village, if any)...............\nCounty of.............................................\nAssembly district ....................................\nLegislative District (as applicable) .................\nWard (as applicable) .................................\nElection District.....................................\nParty Enrollment (in case of primary election)........\n 6. The date of the election, name of the county, and name of a city,\nif there be a separate ballot for city voters, shall be printed, and the\nname of the voter, residence, number of the assembly district, if any,\nname of town, number of ward, if any, election district and party\nenrollment, if required, shall be either printed or written or stamped\nin by the board.\n 7. There shall also be a place for two inspectors of opposite\npolitical parties to indicate, by placing their initials thereon, that\nthey have checked and marked the voter's poll record.\n 8. On the reverse side of such inner affirmation envelope shall be\nprinted the following statement:\n AFFIRMATION\n I do declare that I am a citizen of the United States, that I am duly\nregistered in the election district shown on the reverse side of this\nenvelope and I am qualified to vote in such district; that I will be\nunable to appear personally on the day of the election for which this\nballot is voted at the polling place of the election district in which I\nam a qualified voter because of the reason given on my application\nheretofore submitted; that I have not qualified nor do I intend to vote\nelsewhere, that I have not committed any act nor am I under any\nimpediment which denies me the right to vote.\n I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of absentee voter, I shall be\nguilty of a misdemeanor.\nDate.................20..... .....................................\n Signature or mark of voter\n .....................................\n Signature of Witness (required only\n if voter does not sign his own name)\n .....................................\n Address of Witness\n 9. The inner affirmation envelope shall be gummed, ready for sealing,\nand shall have printed thereon, on the side opposite the statement,\ninstructions as to the duties of the voter after the marking of the\nballot, which instructions shall include a specific direction stating\nwhen such ballot must be postmarked and when such ballot must reach the\noffice of the board of elections in order to be canvassed.\n 10. Each ballot envelope shall be enclosed in an outer envelope\naddressed to the appropriate board of elections and bearing on it a\nspecific direction that if an original application for an absentee\nballot is received with the ballot, such application must be completed\nby the voter and returned in the outer envelope together with the sealed\ninner affirmation envelope containing the absentee ballot within the\ntime limits for receipt of the absentee ballot itself. Such inner\naffirmation envelope and outer envelope shall be enclosed in a third\nenvelope addressed to the absentee voter. The outer and third envelopes\nshall have printed on the face thereof the words "Election\nMaterial--Please Expedite".\n