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Enacts the voter friendly ballot act; repealer
(D) 27th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Oct 24, 2019 | signed chap.411 |
| Oct 21, 2019 | delivered to governor |
| Mar 11, 2019 | returned to senate passed assembly ordered to third reading cal.33 substituted for a2682a |
| Mar 05, 2019 | referred to election law delivered to assembly passed senate |
| Feb 28, 2019 | advanced to third reading |
| Feb 27, 2019 | 2nd report cal. amended 2300a |
| Feb 26, 2019 | 1st report cal.160 |
| Jan 23, 2019 | referred to elections |
(D) 15th Senate District
(D, WF) 47th Senate District
(D) Senate District
(D, WF) 21st Senate District
View additional co-sponsors
(D, WF) 33rd Senate District
See Assembly Version of this Bill: A2682 Law Section: Election Law Laws Affected: Rpld §7-108, amd El L, generally Versions Introduced in Other Legislative Sessions: 2011-2012: A7492
2013-2014: A204
2015-2016: A3389
2017-2018: S7538, A3379, A9607
Enacts the voter friendly ballot act; relates to the form of the ballot for elections; removes additional provisions for primary elections for New York city.
BILL NUMBER: S2300 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the election law, in relation to enacting the voter friendly ballot act; and to repeal section 7-108 of such law relating to the form of ballots PURPOSE: To create a ballot layout that is easy for voters to read and use. SUMMARY OF PROVISIONS: Section one of the bill sets forth the short title as the "voter friend- ly ballot act". Section two of the bill amends paragraph a of Subdivision 3 and para- graph b of Subdivision 4 of Section 7-102 of the election law to make the text gender inclusive.
Section three of the bill amends Section 7-104 of the election law, which, as amended, applies to the form of all ballots, as follows. Subdivision 1 of Section 7-104 is amended to require use of sans serif type Subdivision 2 of Section 7-104 is amended to make certain technical changes. Subdivision 3 of Section 7-104 is amended to remove the requirement of affixing a designating letter and number on ballots for primary elections, provide that a designating number is optional, and to make certain other technical changes. Subdivisions 4, 5, and 6 of Section 7-104 are amended to make certain technical changes. Subdivision 7 of Section 7-104 is amended to remove the requirement that each row on the ballot have an image of a closed fist and extended finger. Subdivision 8 of Section 7-104 is amended to make certain technical changes. A new Subdivision 9 is added to Section 7-104 to require that in coun- ties where ballots are required to be provided in a language other than English, there shall be versions printed in English and in each of the additional languages required so that each version of the ballot shall contain English and no more than two other languages, and to provide for poll worker training related to this new provision. A new Subdivision 10 is added to Section 7-104 to specify certain requirements with respect to instructions for marking the ballot, including the format and place- ment of such instructions on the ballot or on a separate sheet or card. New Subdivisions 11 and 12 are added to Section 7-104 to include requirements currently included in the election law in Subdivisions 1 and 2 of Section 7 108, which is otherwise repealed by section five of the bill. A new Subdivision 13 is added to Section 7-104 to set forth the require- ments for the text for ballot instructions, clarifying and simplifying the text required under current law. A new Subdivision 14 is added to Section 7-104 to require the state board of elections to provide line drawing illustrations to supplement the instructions. A new Subdivision 15 is added to Section 7-104 to set forth the require- ments for the text for ballot instructions when the ballot includes voting for questions or proposals, clarifying and simplifying the text required under current law. A new Subdivision 16 is added to Section 7-104 to require that when questions and proposals appear on the back of the ballot, the front of the ballot have words or a symbol indicating the voter should turn over the ballot. New Subdivisions 17, 18, 19, 20, 21, 22, 23, 24, and 25 are added to Section 7-104 to set forth other specifications for the design and layout of the ballot, including requirements that: -the voting oval or square shall be to the left of the name of the candidate; -all text shall be printed using standard capitalization and not all capital letters; -the ballot shall use one font or font family with enough variations for all text needs; -"Vote for one" or "Vote for up to" shall be printed just below each office title; -no party emblems shall be used; -names of candidates for the same office shall appear on the same page and in the same column(s) or row(s); -text shall be flush left and not centered on the ballot or in any column or row, except for multi-column or multi-row contests the title and number of allowable selections may be centered; -any shading shall be used consistently, to differentiate instructions from ballot section dividers and contest information; and -names of political parties or independent bodies nominating or desig- nating candidates shall be below or to the right of the name of the candidates, in less prominent type. A new Subdivision 26 is added to Section 7-104 to require that all paper ballots of the same kind for the same polling place shall be identical. A new Subdivision 27 is added to Section 7-104 to set forth other spec- ifications for the design and layout of the ballot, to be met to the extent practicable, including that: -the instructions shall be in the upper left hand corner of the front of the ballot; -the names of candidates shall be printed using a font size of not less than nine points; and -when the instructions are on the ballot, there shall be a clear deline- ation between the instructions and the first office or ballot question or proposal, through the use of white space, illustration, shading, color, font size, or bold type. Section four of the bill amends Section 7-106 of the election law, which, as amended, applies to ballots to be used with ballot scanners, as follows. The section heading of Section 7-106 is amended to indicate that the provisions of the Section are applicable to the form of ballots used with ballot scanners, not just "election day paper ballots." A new Subdivision 1 is added to Section 7-106 to specify that the provisions of Section 7-106 shall apply to all ballots to be used with ballot scanners, in addition to the ballot requirements provided for in Section 7-104. The existing Subdivision 1 of Section 7-106 is renumbered as Subdivision 2 and amended to specify that ballots shall be clearly distinguishable from sample ballots by size, color, or other means. The existing Subdi- visions 2, 3, and 4 of Section 7-106 are renumbered as Subdivisions 3, 4, and 5, respectively and the new Subdivision 3 is amended to remove requirements that would be inconsistent with Section 7-104 as amended by section three of the bill. The existing Subdivisions 5, 6, 7, 8, 9, 10, and 11 of Section 7-106 are deleted, as the provisions of these Subdivi- sions are replaced by the provisions of Section 7-104 as amended by section three of the bill. Section five of the bill repeals Section 7-108 of the election law, which relates to certain specifications regarding ballots that are replaced by the provisions of Section 7-104 as amended by section three of the bill. Section six of the bill amends Section 7-110 of the election law, related to additional requirements applicable to ballots for ballot proposals, to permit such proposals to appear on a separate sheet or card and to remove references to "voting levers," since machines for such levers are no longer used for elections to which the provisions of this section apply. Section seven of the bill amends Section 7-114 of the election law, which applies additional requirements to the form of ballots for primary elections, to make the provisions of this section consistent with those of Section 7-104 as amended by section three of the bill, to eliminate certain provisions that are replaced by the provisions of Section 7-104 as amended, and to make other technical changes. Section eight of the bill amends Section 7-116 of the election law, related to the order of names on ballots, in the following ways. Subdi- vision 2 of Section 7-116 is amended to make certain technical changes and to shorten the time in which candidates nominated at a convention may demand that ballot order be determined by lot, from one week to three business days. Subdivision 3 of Section 7-116 is amended to make certain technical changes. Subdivision 4 of Section 7-116 is amended to specify that if a vacancy in a designation or nomination be filled after the order in which the names of candidates is determined, the name of the candidate designated or nominated to fill the vacancy shall be printed in the place deter- mined for the original candidate only to the extent practicable. Subdivision 6 of Section 7-116 is amended to eliminate provisions that currently apply to primary elections in the City of New York related to rotating the names of candidates, and to add new provisions as follows. A new paragraph (a) of Subdivision 6 of Section 7-116 addresses cases where names are added to or removed from the ballot by court order when it is too late to apply the otherwise applicable specifications as to the order of candidates' names. A new paragraph (b) of Subdivision 6 of Section 7-116 specifies that the titles, public offices, or party posi- tions and the names of the candidates shall appear on the ballot imme- diately adjacent to one another, with no blank spaces separating them, except where a contest or candidate is removed from the ballot by court order too late to comply with this specification. Section nine of the bill amends Section 7-118 of the election law, relating to sample ballots, by dividing the Section into subdivisions and providing as follows. Subdivision 1 of Section 7-118 is amended to require sample ballots to be distinguishable from the ballot by size, color, or other means. Subdivision 3 allows the boards of elections to satisfy the requirement that they publicize a sample ballot by publishing one online. Subdivi- sion 4 allows the boards of elections to satisfy the requirement of sending a sample ballot to high schools by publishing such a sample ballot online. Section ten of the bill amends Section 7-120 of the election law, relat- ing to emergency ballots, to make certain technical changes. Section eleven of the bill amends Section 7-122 of the election law, relating to ballots for absentee voters, by: -specifying that the provisions of other sections of this chapter shall apply to absentee ballots except to the extent inconsistent with Section 7-122; -simplifying the instructions for absentee ballots; -deleting existing provisions of Section 7-122 that are replaced by the provisions of Section 7-104 and Section 7-106 as amended by sections three and four of the bill, respectively; -requiring three envelopes for each absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections; and -making other technical changes. Section twelve of the bill amends Section 7-123 of the election law, relating to military voters, to require three envelopes for each mili- tary absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section thirteen of the bill amends Section 7-124 of the election law, relating to special federal voters, to require three envelopes for each special federal absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section fourteen of the bill amends Section 7-125 of the election law, relating to special presidential voters, to require three envelopes for each special presidential absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section fifteen of the bill amends Section 7-128 of the election law as follows. Subdivision one of Section 7-128 is amended to expand the time for public inspection of sample ballots from 5 to 28 days, and to expand the time for inspection of official ballots from 4 to 14 days. Subdivision two of Section 7-128 is amended to expand the time for candidates on a ballot to inspect the ballot from 2 to 14 days. A new Subdivision 3 is added to Section 7-128 to require that candidates be given written notice of the time and place they may inspect the voting machines or systems to be used for the election and to permit candidates or their representatives to view the conduct of the logic and accuracy testing required to be performed on such voting machines or systems, not less than 15 days before the election. Section sixteen of the bill amends Section 7-130 of the election law to remove the requirement that party emblems be contained on the ballot labels for ballots to be examined by voters prior to the election. Section seventeen of the bill sets forth the effective date. JUSTIFICATION: A ballot that is clear and simple to read makes voting easier and leads to more accurate voting. In recent elections and going back many years, New York voters have been confronted with a ballot that was cluttered and difficult to read. The Voter Friendly Ballot Act will provide a remedy for New York's hard to read ballot by setting forth specifications that will create a ballot layout that is straightforward. Simultaneously, it provides Boards of Election with the flexibility to ensure good ballot design, regardless of the particular limits of their voting technology, or the number of contests and candidates that must be placed on the ballot in any partic- ular election. FISCAL IMPACT ON THE STATE: Minimal. FISCAL IMPACT ON LOCALITIES: Minimal. IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None. IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: None. LEGISLATIVE HISTORY: 2018:S7538A- RECOMMITTED TO ELECTIONS 2017:A3379A- passed assembly 2016:A3389B- passed assembly 2015:A3389 -passed assembly EFFECTIVE DATE: This act shall take effect immediately and shall apply to ballots to be used for elections occurring on or after the first day of August next succeeding the year in which it shall have become a law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 2300 2019-2020 Regular Sessions I N S E N A T E January 23, 2019 ___________ Introduced by Sens. KAVANAGH, ADDABBO, HOYLMAN, KAMINSKY, PARKER, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to enacting the voter friendly ballot act; and to repeal section 7-108 of such law relating to the form of ballots THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "voter friendly ballot act". § 2. Paragraph a of subdivision 3 of section 7-102 of the election law, as added by chapter 371 of the laws of 1990, is amended to read as follows: a. In the event that a candidate in a primary election believes that the name of another candidate for the same office or position at such election is sufficiently similar to his OR HERS so as to cause confusion among the voters, such candidate may, not later than five days after the last day to file the certificates or petitions of designation, file with the board of elections with which such certificates or petitions of designation are filed, a request that such board determine that such a sufficient similarity exists. § 3. Section 7-104 of the election law, as amended by chapter 165 of the laws of 2010, is amended to read as follows: § 7-104. Ballots; form of[, voting machine]. 1. All ballots shall be printed and/or displayed in a format and arrangement, of such uniform size and style as will fit the ballot [frame], and shall be in as plain and clear a type or display as the space will reasonably permit, USING ONLY SANS SERIF PRINT FONTS. Such type or display on the ballot shall satisfy all requirements and standards set forth pursuant to the federal Help America Vote Act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02454-01-9
S. 2300 2 2. The names of parties or independent bodies which contain more than fifteen letters may, whenever limitations of space so require, be print- ed on the ballot in an abbreviated form. In printing the names of candi- dates whose full names contain more than fifteen letters, only the surname must be printed in full. The officer or board charged with the duty of [preparing the ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE shall request each such candidate to indicate, in writing, the shortened form in which, subject to this restriction, his OR HER name shall be printed. If no such indication is received from such candidate within the time specified in the request, such officer or board shall make the necessary determination. 3. (a) The party name or other designation[, and a designating letter and number] shall be affixed to the name of each candidate, or, in case of presidential electors, to the names of the candidates for president and vice-president of such party. (b) A COLUMN/ROW DESIGNATING NUMBER MAY BE AFFIXED TO THE NAME OF EACH CANDIDATE, OR IN THE CASE OF PRESIDENTIAL ELECTORS, TO THE NAMES OF THE CANDIDATES FOR PRESIDENT AND VICE-PRESIDENT OF SUCH PARTY. (C) The titles of offices may be arranged horizontally, with the names of candidates for an office and the SPACE, slot or device for write-in [ballots] VOTES for such office arranged vertically under the title of the office, or the titles of offices may be arranged vertically, with the names of candidates for an office and the SPACE, slot or device for write-in [ballots] VOTES for such office arranged horizontally opposite the title of the office. [(c)] (D) Each office shall occupy as many columns or rows on the [machine] BALLOT as the number of candidates to be elected to that office, EXCEPT WHERE CANDIDATE PLACEMENTS DUE TO CROSS ENDORSEMENTS REQUIRE ADDITIONAL COLUMNS OR ROWS. 4. (a) The names of all candidates nominated by any party or independ- ent body for an office shall always appear in the row or column contain- ing generally the names of candidates nominated by such party or inde- pendent body for other offices except as hereinafter provided. (b) When the same person has been nominated for an office to be filled at the election by more than one party, the voting machine shall be so adjusted that his or her name shall appear in each row or column containing generally the names of candidates for other offices nominated by any such party. (c) If such candidate has also been nominated by one or more independ- ent bodies, his or her name shall appear only in each row or column containing generally the names of candidates for other offices nominated by any such party and the name of each such independent body shall appear in one such row or column to be designated by the candidate in a writing filed with the officer or board charged with the duty of [providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE, or if such person shall fail to so designate, the names of such independent bodies shall appear in such row or column as such officer or board shall determine. (d) If any person shall be nominated for any office by one party and two or more independent bodies his or her name shall appear on the [voting machine] BALLOT twice; once in the row or column containing generally the names of candidates for other offices nominated by such party, and once in the row or column containing generally the names of candidates nominated by the independent body designated by such person in a writing filed with the officer or board charged with the duty of [providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE and in S. 2300 3 connection with the name of such person in such row or column shall appear the name of each independent body nominating him or her or, if such person shall fail to so designate, the name of such candidate and the names of such independent bodies shall appear in such row or column as such officer or board shall determine. (e) If any person is nominated for any office only by more than one independent bodies, his or her name shall appear but once upon the machine in one such row or column to be designated by the candidate in a writing filed with the officer or board charged with the duty of provid- ing ballots, or if the candidate shall fail to so designate, in the place designated by the officer or board charged with the duty of [providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE, and in connection with his or her name there shall appear the name of each independent body nominating him or her, but, where the capacity of the [machine] BALLOT will permit, the name of such person shall not appear or be placed in a column or on a horizontal line with the names of persons nominated by a party for other offices. 5. Notwithstanding the provisions of subdivision four of this section, the name of a person who is nominated for the office of governor, or state senator, or member of assembly, shall appear on the ballot as many times as there are parties or independent bodies nominating him or her, and there shall be a separate voting [and registering device] POSITION at each place in which such name shall appear. 6. If any type of machine used in any county or city contains any feature APPROVED BY THE STATE BOARD OF ELECTIONS, the use of which is neither required nor prohibited by the provisions of this chapter, the board of elections may, by resolution, require that one or more of such features shall be used in such county. Thereafter all machines of such type used in such county or city shall be operated in conformity with any such resolution. Any such resolution may thereafter be rescinded by such board and after being so rescinded may be re-adopted. Once re-a- dopted by any board of elections, such a resolution may not be rescinded again by such board. 7. The ballot shall have printed upon it in black ink for each party or independent row, at the head of the column or the beginning of the row containing the names of candidates, [the image of a closed fist with index finger extended pointing to the party or independent row. In the same space, in black letters as large as the space will permit, shall be printed] the name of the party or independent body [and at the right of the fist and below the index finger shall be printed in black ink the emblem] and the designating [letters] LETTER of the row or column. 8. With respect to candidates for the offices of governor and lieuten- ant governor of a party or independent body, ballots shall be printed so that the names of such candidates for both offices shall appear in the same row or column, with the name of the candidate for governor appear- ing first and the ballot shall be so adjusted that both offices are voted for jointly and have but one designating [letter or] number IF SUCH COLUMN/ROW DESIGNATING NUMBERS ARE UTILIZED. 9. IN THOSE COUNTIES IN WHICH BALLOTS ARE REQUIRED BY FEDERAL LAW, OR OTHERWISE, TO BE PROVIDED IN A LANGUAGE OTHER THAN ENGLISH, THERE SHALL BE VERSIONS OF THE BALLOT PRINTED IN ENGLISH AND IN EACH OF THE ADDI- TIONAL LANGUAGES REQUIRED SO THAT EACH VERSION OF THE BALLOT SHALL CONTAIN ENGLISH AND NO MORE THAN TWO OTHER LANGUAGES. THE COUNTY BOARD OF ELECTIONS IN SUCH COUNTIES SHALL INSTRUCT, IN THEIR POLL WORKER TRAINING AND MATERIALS, THE PROCEDURES TO BE FOLLOWED TO ENSURE THAT S. 2300 4 EACH VOTER RECEIVES A BALLOT WITH THE APPROPRIATE LANGUAGE AS DETERMINED BY THE STATE BOARD. 10. EACH BALLOT SHALL CONTAIN INSTRUCTIONS FOR MARKING THE BALLOT. THE INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER THAN FIVE INCHES. BALLOT INSTRUCTIONS MAY BE PRINTED ON THE FRONT OR BACK OF THE BALLOT OR ON A SEPARATE SHEET OR CARD. IF SUCH INSTRUCTIONS ARE NOT PRINTED ON THE FRONT OF THE BALLOT, THERE SHALL BE PRINTED ON THE BALLOT, IN THE LARG- EST SIZE TYPE PRACTICABLE, THE FOLLOWING LEGEND: "SEE INSTRUCTIONS ON THE OTHER SIDE" OR "SEE INSTRUCTIONS (INSERT WHERE INSTRUCTIONS ARE FOUND)", WHICHEVER IS APPROPRIATE. 11. THE OFFICES APPEARING ON ALL BALLOTS SHALL BE LISTED IN THE CUSTOMARY ORDER. 12. IF TWO OR MORE CANDIDATES ARE NOMINATED FOR THE SAME OFFICE FOR DIFFERENT TERMS, THE TERM FOR WHICH EACH IS NOMINATED SHALL BE PRINTED AS A PART OF THE TITLE OF THE OFFICE. 13. THE TEXT FOR BALLOT INSTRUCTIONS SHALL BE SUBSTANTIALLY AS FOLLOWS, SO THAT IT ACCURATELY REFLECTS THE BALLOT LAYOUT: INSTRUCTIONS 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. 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. IF YOU MAKE A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT. 14. THE STATE BOARD OF ELECTIONS SHALL PROVIDE LINE DRAWING ILLUS- TRATIONS TO SUPPLEMENT THESE INSTRUCTIONS. AT A MINIMUM, AN ILLUSTRATION OF THE CORRECT WAY TO MARK THE BALLOT SHALL BE PROVIDED, BUT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE BOARD IN PROVIDING ADDI- TIONAL ILLUSTRATIONS. 15. WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT, INSTRUCTIONS SUBSTANTIALLY LIKE THE FOLLOWING SHALL BE INCLUDED: INSTRUCTIONS FOR VOTING ON QUESTIONS AND PROPOSALS TO VOTE ON A QUESTION OR PROPOSAL, MARK THE (INSERT "OVAL" OR "SQUARE") TO THE (INSERT "LEFT", "ABOVE" OR "BELOW") OF YOUR CHOICE. IF YOU MAKE A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT. 16. WHEN A QUESTION OR PROPOSAL APPEARS ON THE BACK OF THE BALLOT, THERE SHALL APPEAR ON THE FRONT OF THE BALLOT WORDS OR A SYMBOL INDICAT- ING THAT THE VOTER SHOULD TURN OVER THE BALLOT. 17. THE VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE CANDIDATE. 18. ALL TEXT, INCLUDING THE NAME OF EACH CANDIDATE AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, SHALL BE PRINTED USING STANDARD CAPITALIZATION IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY THE STATE BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPITAL LETTERS. 19. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARI- ATIONS FOR ALL TEXT NEEDS. S. 2300 5 20. "VOTE FOR ONE" OR "VOTE FOR UP TO . " (THE BLANK SPACE TO BE FILLED WITH THE NUMBER OF PERSONS TO BE NOMINATED FOR THE OFFICE OR ELECTED TO THE POSITION), AS APPLICABLE, SHALL BE PRINTED IMMEDIATELY BELOW EACH OFFICE TITLE APPEARING ON THE BALLOT. 21. NO PARTY EMBLEMS SHALL BE PRINTED ON THE BALLOT. 22. THE NAMES OF CANDIDATES FOR THE SAME OFFICE SHALL APPEAR ON THE SAME PAGE AND IN THE SAME COLUMN OR COLUMNS OR ROW OR ROWS OF THAT PAGE OF A PRINTED BALLOT, AND MAY NOT BE SEPARATED BY A PERFORATION. 23. ALL TEXT, INCLUDING THE TITLE OF EACH OFFICE AND THE NAME OF EACH CANDIDATE, SHALL BE PRINTED FLUSH LEFT AND SHALL NOT BE CENTERED ON THE BALLOT OR IN ANY COLUMN OR ROW APPEARING ON THE BALLOT; PROVIDED HOWEV- ER, IN A MULTI-COLUMN OR MULTI-ROW CONTEST, THE TITLE AND NUMBER OF ALLOWABLE SELECTIONS TO BE MADE FOR EACH SUCH OFFICE MAY BE CENTERED. 24. IF USED, SHADING SHALL BE USED CONSISTENTLY, SO AS TO DIFFEREN- TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION. 25. ABOVE, BELOW, OR TO THE RIGHT OF THE NAME OF EACH CANDIDATE, SHALL BE PRINTED, IN LESS PROMINENT TYPE FACE THAN THAT IN WHICH THE CANDI- DATE'S NAME IS PRINTED, THE NAME OF THE POLITICAL PARTY OR INDEPENDENT BODY BY WHICH THE CANDIDATE WAS NOMINATED OR DESIGNATED. 26. ALL PAPER BALLOTS OF THE SAME KIND FOR THE SAME POLLING PLACE SHALL BE IDENTICAL. 27. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY WITH THE FOLLOWING SPECIFICATIONS: (A) THE INSTRUCTIONS IN SUBDIVISION TEN OF THIS SECTION SHALL BE PRINTED IN THE UPPER LEFT HAND CORNER OF THE FRONT OF THE BALLOT; (B) THE NAME OF EACH CANDIDATE SHALL BE PRINTED USING A FONT SIZE OF NOT LESS THAN NINE POINTS; (C) WHEN THE INSTRUCTIONS ARE CONTAINED ON THE BALLOT, THERE SHALL BE A CLEAR DELINEATION BETWEEN THE BALLOT INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH THE USE OF WHITE SPACE, ILLUS- TRATION, SHADING, COLOR, FONT SIZE, OR BOLD TYPE. § 4. Section 7-106 of the election law, the section heading and subdi- visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11 as renumbered by chapter 165 of the laws of 2010, is amended to read as follows: § 7-106. [Election day paper ballots; form of] BALLOTS; FORM OF, FOR BALLOT SCANNERS, GENERAL, PRIMARY, OR SPECIAL ELECTIONS; ADDITIONAL REQUIREMENTS. 1. IN ADDITION TO BALLOT REQUIREMENTS PROVIDED FOR IN SECTION 7-104 OF THIS ARTICLE, ALL BALLOTS TO BE USED WITH ALL BALLOT SCANNERS SHALL COMPLY WITH THE FOLLOWING PROVISIONS. 2. Paper ballots which are to be counted by a ballot scanner may consist of two or more sheets which are divided into perforated sections which can be separated at the time the ballot is scanned. Such ballots shall be printed on paper of a quality, size, color, and weight [approved by the state board of elections] SPECIFIED IN THE VOTING SYSTEM'S TECHNICAL REQUIREMENTS DOCUMENTATION AND SHALL BE CLEARLY DISTINGUISHABLE FROM SAMPLE BALLOTS BY SIZE, COLOR OR OTHER MEANS. [2.] 3. All paper ballots of the same kind for the same polling place shall be identical. [A different, but in each case uniform style and size of type, shall be used for printing the names of candidates, the titles of offices, political designations, and the reading form of all questions submitted. The names of candidates shall be printed in capital letters in black-faced type. 3.] 4. Each ELECTION DAY ballot shall be printed on the sheet with a stub which shall be separated therefrom by a line of perforations extending across the entire ballot. On the face of the stub shall be S. 2300 6 printed "No. " the blank to be filled with consecutive number of ballots beginning with "No. 1", and increasing in regular numerical order. [4.] 5. On such ballot shall be printed the following indorsement, the blanks properly filled in: Official Ballot for (General, Primary or Special, as applica- ble) Election County of . (Assembly or Legislative, as applicable) District . (Ward and City or town . as applica- ble). Election District . (Insert date of election.) (Insert names of election commissioners providing the ballot.) [5. The following ballot instructions shall be printed in heavy black type: INSTRUCTIONS (1) Mark only with a writing instrument provided by the board of elections. (2) To vote for a candidate whose name is printed on this ballot fill in the (insert oval or square, as applicable) above or next to the name of the candidate. (3) To vote for a person whose name is not printed on this ballot write or stamp his or her name in the space labeled "write-in" that appears (insert at the bottom of the column, the end of the row or at the bottom of the candidate names, as applicable) for such office (and, if required by the voting system in use at such election, the instructions shall also include "and fill in the (insert oval or square, as applicable) corresponding with the write-in space in which you have written in a name"). (4) To vote yes or no on a proposal, if any, that appears on the (indicate where on the ballot the proposal may appear) fill in the (insert oval or square, as applicable) that corresponds to your vote. (5) Any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. (6) Do not overvote. If you select a greater number of candidates than there are vacancies to be filled, your ballot will be void for that public office, party position or proposal. (7) If you tear, or deface, or wrongly mark this ballot, return it and obtain another. Do not attempt to correct mistakes on the ballot by making erasures or cross outs. Erasures or cross outs may invalidate all or part of your ballot. Prior to submitting your ballot, if you make a mistake in completing the ballot or wish to change your ballot choices, you may obtain and complete a new ballot. You have a right to a replace- ment ballot upon return of the original ballot. (8) After completing your ballot, insert it into the ballot scanner and wait for the notice that your ballot has been successfully scanned. If no such notice appears, seek the assistance of an election inspector. 6. The instructions in subdivision five of this section may be printed on the front or back of the ballot or on a separate sheet or card. If S. 2300 7 such instructions are not printed on the front of the ballot, there shall be printed on the ballot, in the largest size type for which there is room, the following legend: "See instructions on the other side" or "See enclosed instructions", whichever is appropriate. 7. Each such ballot shall be printed in sections in which the candi- dates' names and political designations, the ballot proposals and other requisite matter shall each be boxed in by heavy black perpendicular lines of equal width. In each such section shall be voting ovals or squares which voters may fill in. If applicable, ovals or squares shall be provided next to the blank spaces provided for a voter to write in a name. 8. The space for the title of an office shall be three-eighths of an inch, and the name of a candidate or for writing in a name, one-fourth of an inch, in depth. At the left of the name of each designated candi- date shall be an enclosed voting space, three-eighths of an inch in width and approximately one-fourth of an inch in depth, bounded above, below and to the right by black lines, heavier than those which separate the spaces containing the names of candidates. To the left of voting spaces which do not adjoin a vertical line dividing two parts, there shall be a heavy black vertical line approximately one-eighth of an inch in width. No voting space shall be provided in the space for writing in names. In such case, the space corresponding to a voting space shall be all black. 9. Below the names of the candidates for each office or position there shall be printed as many blank spaces, for writing in names of persons for whom the voter desires to vote, as there are persons to be nominated or elected. 10. In case the sections shall be so numerous as to make the ballot unwieldy if they are printed in one column, they may be printed in as many columns as shall be necessary, and in that case, in order to produce a rectangular ballot, blank sections may be used. 11. The names of parties or independent bodies which contain more than fifteen letters may, whenever limitations of space so require, be printed on the ballot in an abbreviated form. In printing the names of candidates whose full names contain more than fifteen letters, only the surname must be printed in full. The officer or board charged with the duty of preparing the ballots shall request each such candidate to indi- cate, in writing, the shortened form in which, subject to this restriction, his name shall be printed. If no such indication is received from such candidate within the time specified in the request, such officer or board shall make the necessary determination. No emblem shall occupy a space longer in any direction than the voting square to which it relates.] § 5. Section 7-108 of the election law is REPEALED. § 6. Section 7-110 of the election law, as amended by chapter 647 of the laws of 1982, is amended to read as follows: § 7-110. Ballots; form for ballot proposals; ADDITIONAL REQUIREMENTS. Ballot proposals shall appear on the [voting machine or] ballot in a separate section OR ON A SEPARATE SHEET OR CARD. At the left of, or below or above, each proposal shall appear [two voting levers or] two voting [squares, each at least one-half inch square] POSITIONS. Next to the first [lever or square] VOTING POSITION shall be printed the word "Yes," and next to the second [lever or square] VOTING POSITION shall be printed the word "No." The proposals shall be numbered consecutively on the [voting machine or] ballot. The number of each proposal shall appear in front of its designation as an amendment, proposition or question in S. 2300 8 the following form: "Proposal one, an amendment; proposal two, a propo- sition; proposal three, a question". § 7. Section 7-114 of the election law, as amended by chapter 234 of the laws of 1976, paragraph (c) of subdivision 1 as amended by chapter 433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by chapter 461 of the laws of 1977, is amended to read as follows: § 7-114. Ballots; form for primary election; ADDITIONAL REQUIREMENTS. 1. (a) [The] ON THE face of the official ballot for a primary election [shall be divided into parts. Descriptive words to indicate the purpose of each part shall be printed at its head. Beginning at the left or top, the first part shall be entitled, and shall be for "Candidates] CONTESTS AND CANDIDATES for nomination for public office[". The second part shall be entitled, and shall be for "Candidates] SHALL APPEAR FIRST, FOLLOWED BY CONTESTS AND CANDIDATES for party positions.["] When necessary, a part may be divided into two or more columns or rows, but the names of all persons designated for the same office or party position shall be in the same column or row. (b) [In each part shall be printed the titles of the offices or party positions, as the case may be, for which the part is to be used, and under each such title shall be printed the names of the designated candidates for the office or position. (c)] Where a candidate for nomination for the same public office or for election to the same party position is designated by two or more petitions, his OR HER name shall be placed upon the ballot for the primary election but once as such a candidate. [(d)] (C) The ballot shall not contain a space for voting for candi- dates for uncontested offices and positions, and no ballot shall be printed for a party [whose primary is uncontested] FOR WHICH THERE IS NO CONTESTED OFFICE OR POSITION unless a petition for opportunity to ballot has been filed. 2. (a) [The paper ballot for a primary election shall conform to the form for paper ballots set forth in this article with respect to quality and weight of paper, perforated line, and number on the stub on the back of the ballot. (b) On the back of the paper ballot, on the stub, immediately below the number, shall be the name of the party. On the back of the ballot and below the stub, and immediately to the left of the center of the ballot, and on the front of the ballot, below the perforated line, shall be printed, in addition to the other information required for paper ballots, the name and emblem of the party and the words "Official prima- ry ballot." (c) On the front of the stub, above the perforated line at the top of the paper ballot shall be printed the same instructions as on the gener- al election ballot. (d) The parts of the paper ballot below such heavy black horizontal line shall be separated by a heavy black vertical line or lines, one- fourth of an inch in width. Descriptive words to indicate the purpose of each part shall be printed at its head, below the heavy black horizontal line. Immediately below such captions shall be printed two light paral- lel horizontal lines approximately one-sixteenth of an inch apart, extending across each part. (e) The names of candidates on paper ballots shall be numbered with arabic numerals printed in heavy faced type beginning with "one" for the first candidate named in the first part and continuing in numerical order to and including the last candidate named in the last part, except S. 2300 9 that where] ON THE OFFICIAL PRIMARY ELECTION BALLOT, THE BALLOT ENDORSE- MENT SHALL INCLUDE THE NAME OF THE PARTY FOR WHICH SUCH BALLOT IS VALID. (B) WHERE two or more candidates are to be elected to a party posi- tion, the names of candidates designated by each petition shall be grouped TOGETHER, and [each group shall have but one number, which shall be printed opposite the approximate center of the group] MAY BE REFERRED TO COLLECTIVELY ON THE BALLOT AS A GROUP. [(f) The number of a candidate shall be printed on the paper ballot between the voting space and the name of the candidate. Each group shall have a bracket embracing the names in the group. (g) Spaces containing names of candidates and for writing in names, and intervening spaces on the paper ballot, shall be separated by light horizontal lines. Names of candidates shall be printed in capital letters not less than one-eighth nor more than three-sixteenths of an inch in height. (h)] (C) The paper ballots of no two parties shall be IDENTIFIED BY the same color OR COLOR MARKINGS, and the state board of elections shall select the color for each new party[, and not later than twelve weeks before a primary election, shall transmit to each board of elections]. THE STATE BOARD OF ELECTIONS SHALL INCLUDE WITH THE BOARD'S BALLOT CERTIFICATION a certificate stating the colors so selected. § 8. Subdivisions 2, 3, 4 and 6 of section 7-116 of the election law, subdivision 2 as amended by chapter 234 of the laws of 1976, subdivision 3 as amended by chapter 9 of the laws of 1978 and the second undesig- nated paragraph of subdivision 6 as amended by chapter 121 of the laws of 1997, are amended to read as follows: 2. The officer or board who or which prepares the ballot shall deter- mine the order in which shall appear, below the names of party candi- dates the nominations made only by independent bodies. Such officer or board also shall determine the order in which shall be printed[, in a section of such ballot] 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 [one week] 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 offi- cial 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 deleg- S. 2300 10 ates 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 indi- vidual petitions and not in a group shall be printed [below] 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 subdivi- sion. The names within a group of candidates designated for party posi- tion 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. 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. 6. [In the city of New York, the ballot on the voting machine for primary elections shall conform to the following additional provisions: The names of the candidates designated for such public office or party position in the primary of a party shall be placed under the title of the office or position in the alphabetical order of their surnames, in the first or lowest numbered assembly district and election district of any political unit or subdivision within a county. If candidates' surnames are identical, their given or first name shall determine their order. Thereafter the names shall be rotated by election districts by transposing the first named candidate to the bottom of the order at each succeeding election district, so that each name shall appear first and in each other position in an equal number, as nearly as possible, of the election districts and except, further, that where two or more candi- dates are to be elected to the same party position, the names of candi- dates for such a position which appear on the same designating petition shall be grouped together on the ballot in the order in which their names appear on the designating petition and the group rotated alphabet- ically in relation to other groups or individual candidates according to the surname of the first person on the designating petition of such group. Groups of candidates for delegate and alternate delegate, and groups of candidates for male and female delegate and male and female alternate delegate to the same convention designated on the same peti- tion shall be rotated together alphabetically in relation to other groups or individual candidates according to the surname of the first person listed on such designating petition in the group of candidates for whichever of such delegate or alternate delegate positions will appear first on the voting machine. If the rules of a party committee provide for equal representation of the sexes among the members of a state committee elected from each unit of representation, elections for male and female members of such a committee from a single unit of representation shall be conducted as elections for two different party S. 2300 11 positions. Notwithstanding the provisions of this paragraph, if the board of elections has assigned numbers to the candidates for an office or position because of identical or similar names among such candidates, the names of such candidates shall be placed under the title of such office or position in the order of such numbers in such first or lowest numbered district, and the names shall not be rotated by election district. Such names shall appear in the identical order on each ballot in each election district. County committee candidates or groups of candidates shall be printed within the first election district of each assembly district or part thereof, according to the priority of filing of designating petitions and they shall then be rotated by election district by placing the candidate or group of candidates designated in the same petition as the candidate or group of candidates which was printed first in an election district at the bottom of the order in the next succeeding election district in which a candidate or group of candidates designated in such petition appears on the ballot. 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 bottom 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. 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 voting machine used for primary elections in the city of New York shall appear on such machine 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 voting machine, and no blank spaces shall separate any two such offices or positions which appear on such voting machine in the same column or row.] (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 REQUIRE- MENTS FEASIBLE, THE NAME MAY BE ADDED AT THE END OF THE LIST OF CANDI- DATES 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 ADJA- CENT 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 SEPA- RATE ANY TWO SUCH OFFICES OR POSITIONS WHICH APPEAR ON SUCH BALLOT IN THE SAME COLUMN OR ROW. § 9. Section 7-118 of the election law, as amended by chapter 157 of the laws of 1996, is amended to read as follows: S. 2300 12 § 7-118. Ballots; facsimile and sample. 1. The board of elections shall provide facsimile and sample ballots which shall be arranged in the form of a diagram showing such part of the face of the voting machine OR BALLOTS as shall be in use at that election. Such facsimile and sample ballots shall be [either in full or reduced size] DISTIN- GUISHABLE FROM THE OFFICIAL BALLOT BY SIZE, COLOR, OR OTHER MEANS and shall contain suitable illustrated directions for voting on the voting machine OR BALLOT. 2. Such facsimile ballots shall be mounted and displayed for public inspection at each polling place during election day. 3. Sample ballots may be mailed by the board of elections to each eligible voter at least three days before the election, or in lieu ther- eof, a copy of such sample ballot may be published at least once within one week preceding the election in newspapers [representing the major political parties] OR ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS. 4. One copy of such facsimile shall be sent to each school in the county, providing the ninth through the twelfth years of compulsory education, and in the city of New York to each such school in the city of New York, at least one week before each general election for posting at a convenient place in such school. The board of elections shall also send a facsimile ballot to any other school requesting such a ballot. IN THE ALTERNATIVE, THE REQUIREMENTS OF THIS SUBDIVISION MAY BE FULLY SATISFIED BY PUBLISHING SUCH FACSIMILE ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS AND NOTIFYING EACH SUCH SCHOOL OF SUCH PUBLICATION. § 10. Subdivisions 1 and 3 of section 7-120 of the election law, subdivision 3 as amended by chapter 234 of the laws of 1976, are amended to read as follows: 1. If any voting machine OR VOTING SYSTEM for use in any election shall become out of order during an election it shall, if possible, be repaired or another machine OR VOTING SYSTEM substituted as promptly as possible. In case such repair or substitution cannot be made, emergency ballots, printed or written, and of any suitable form, SHALL BE PROVIDED BY THE BOARD OF ELECTIONS AND may be used for the [taking] CASTING of votes. 3. It shall be the duty of each board of elections to cause a suffi- cient number of emergency ballots to be placed at each polling place in which voting machines OR VOTING SYSTEMS are used, to be employed in the event the voting machines OR VOTING SYSTEMS break down. At any time during the hour succeeding a breakdown, the inspectors of election may use such emergency ballots, and if such breakdown lasts more than one hour, such emergency ballots must be used. The sample ballots may be used for this purpose in full or reduced size. § 11. Section 7-122 of the election law, subdivision 1 as amended by chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi- vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and (d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by chapter 165 of the laws of 2010, subdivision 7 as amended by chapter 9 of the laws of 1978, and subdivisions 6 and 7 as renumbered by chapter 352 of the laws of 1986, is amended to read as follows: § 7-122. Ballots; absentee voters. 1. (a) Ballots for absentee voters shall be, as nearly as practicable, in the same form as those to be voted in the district on election day, [if any,] except that ballots for primary elections shall omit the party position of ward, town, city or county committee and except further that such ballots need not have a stub, and shall have the words "Absentee Ballot", endorsed thereon. S. 2300 13 (b) [The names of candidates upon the ballot shall be printed in appropriate sections, with titles of offices, section numbers, emblems, voting squares, names of parties and political organizations and blank spaces for writing in names of persons not printed on the ballot. Except as to the spacing, such ballot shall be printed wherever applicable substantially as follows: (Form in chap. 381/79) (c) The indorsement shall be printed and properly filled in: Official Absentee Ballot for (General, Primary or Special, as applica- ble) Election County of. (Assembly or Legislative, as applicable) District. (Ward and City or town, as applicable). (Insert date of election) (Insert names of election commissioners providing the ballot) (d) On the front of the ballot prepared for counting by hand, shall be printed in heavy black type the following instructions] ALL PROVISIONS OF THIS CHAPTER NOT INCONSISTENT WITH THIS SUBDIVISION SHALL BE APPLICA- BLE TO ABSENTEE BALLOTS PREPARED FOR COUNTING BY A BALLOT SCANNER OR BY HAND. THE INSTRUCTIONS FOR MARKING AN ABSENTEE BALLOT SHALL BE PROVIDED AND SHALL BE SUBSTANTIALLY AS FOLLOWS, SO THAT THEY ACCURATELY REFLECT THE BALLOT LAYOUT: INSTRUCTIONS [1. Mark in pen or pencil. 2. To vote for a candidate whose name is printed on this ballot, make a single cross X mark or a single check, V mark in the voting square above the name of the candidate. 3. To vote for a person whose name is not printed on this ballot write or stamp his or her name in the space that appears at the bottom of the column or the end of the row (indicate where on the ballot the write-in space appears) containing the title of the office. 4. To vote on a proposal make a cross X mark or a check V mark in one of the squares contained in the box setting forth such proposal. 5. Any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 6. Do not overvote. If you select a greater number of candidates than there are vacancies to be filled, your ballot will be void for that public office, party position or proposal. 7. If you tear, or deface, or wrongly mark this ballot, call the board of elections at (insert phone number here) for instructions on how to obtain a new ballot. Do not attempt to correct mistakes on the ballot by making erasures or cross outs. Erasures or cross outs may invalidate all or part of your ballot. Prior to submitting your ballot, if you make a mistake in completing the ballot or wish to change your ballot choices, you may obtain and complete a new ballot. You have a right to a replace- ment ballot upon return of the original ballot.] MARK THE (INSERT "OVAL" OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR CHOICE. (PROVIDE ILLUS- TRATION OF CORRECTLY-MARKED VOTING POSITION HERE.) TO VOTE FOR A CANDI- DATE 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 S. 2300 14 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 following provisions shall apply to all absentee ballots prepared for counting by a ballot scanner and all other provisions of this chapter not inconsistent with this subdivision shall be applicable to such ballots: (a) The party emblem need not be printed next to the name of each candidate. (b) The ballot proposals may be on the back of the ballot, or on a separate ballot. (c) The printed instructions to the voter shall read as follows: INSTRUCTIONS 1. Mark only with a pen or pencil. 2. To vote for a candidate whose name is printed on this ballot, fill in the (insert oval or square, as applicable) above or next to the name of the candidate. 3. To vote for a person whose name is not printed on this ballot, write or stamp his or her name in the space labeled "write-in" that appears (insert at the bottom of the column or the end of the row, as applicable) containing the title of the office and, if required by the voting system in use at such election, the instructions shall also include "and fill in the (insert oval or square, as applicable) corre- sponding with the write-in space in which the voter has written a name." 4. To vote yes or no on a proposal, if any, that appears on the (indi- cate where on the ballot the proposal may appear) fill in the (insert oval or square, as applicable) that corresponds to your vote. 5. Any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 6. Do not overvote. If you select a greater number of candidates than there are vacancies to be filled, your ballot will be void for that public office, party position or proposal. 7. If you tear, or deface, or wrongly mark this ballot, call the board of elections at (insert phone number here) for instructions on how to obtain a new ballot. Do not attempt to correct mistakes on the ballot by making erasures or cross outs. Erasures or cross outs may invalidate all or part of your ballot. Prior to submitting your ballot, if you make a mistake in completing the ballot or wish to change your ballot choic- es, you may obtain and complete a new ballot. You have a right to a replacement ballot upon return of the original ballot. (d) Such instructions may be printed on the front or back of the ballot or on a separate sheet or card. If such instructions are not printed on the front of the ballot, there shall be printed on the ballot, in the largest size type for which there is room, the following legend: "See instructions on other side" or "See enclosed instructions", whichever is appropriate. (e) Such ballots which are to be counted by a ballot scanner may consist of two or more sheets, which are divided into perforated sections which can be separated at the time of canvassing. S. 2300 15 3.] 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 absentee 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 herein contained shall prevent a board of elections, or a court of competent jurisdiction from determining at a later date that any such certification, desig- nation or nomination is invalid and, in the event of such later determi- nation, no vote cast for any such nominee by any voter shall be counted at the election. [5.] 3. THERE SHALL BE THREE ENVELOPES FOR EACH ABSENTEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN- TY BOARD OF ELECTIONS. The board of elections shall furnish with each absentee ballot an inner affirmation envelope. On one side of the envel- ope shall be printed: OFFICIAL ABSENTEE BALLOT for GENERAL (OR PRIMARY OR SPECIAL) ELECTION, . 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). [6] 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. [7.] 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. [8.] 6. On the reverse side of such inner affirmation envelope shall be printed the following statement: AFFIRMATION 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 will be unable to appear personally on the day of the election for which this ballot is voted at the polling place of the election district in which I S. 2300 16 am a qualified voter because of the reason given on my application here- tofore submitted; that I have not qualified nor do I intend to vote elsewhere, that I have not committed any act nor am I under any imped- iment 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 absentee 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 his OR HER own name) . Address of Witness [9.] 7. The inner affirmation envelope shall be gummed, ready for sealing, and shall have printed thereon, on the side opposite the state- ment, instructions as to the duties of the voter after the marking of the ballot, which instructions shall include a specific direction stat- ing when such ballot must be postmarked and when such ballot must reach the office of the board of elections in order to be canvassed. [10.] 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 absentee 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 absentee ballot within the time limits for receipt of the absentee ballot itself. Such inner affirmation envelope and outer envelope shall be enclosed in [a] THE third envelope addressed to the absentee voter. The outer and third envelopes shall have printed on the face thereof the words "Election Material--Please Expedite". § 12. The opening paragraph of subdivision 3 of section 7-123 of the election law, as amended by chapter 104 of the laws of 2010, is amended to read as follows: THERE SHALL BE THREE ENVELOPES FOR EACH MILITARY ABSENTEE BALLOT ISSUED WHEN THE MILITARY VOTER'S PREFERRED METHOD OF TRANSMISSION IS BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN- TY BOARD OF ELECTIONS. The board of elections shall furnish an inner affirmation envelope with each military ballot upon which envelope shall be printed: § 13. The opening and closing paragraphs of subdivision 2 of section 7-124 of the election law, as amended by chapter 104 of the laws of 2010, are amended to read as follows: THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL FEDERAL ABSENTEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall S. 2300 17 furnish an inner affirmation envelope with each special federal ballot upon which envelope shall be printed: I understand that a material misstatement of fact in the completion of this document may constitute grounds for conviction of a crime. Date. 20. . Signature or mark of voter . Signature of Witness (required only if voter does not sign his OR HER own name) . Address of Witness § 14. Subdivisions 2 and 3 of section 7-125 of the election law, subdivision 3 as amended by chapter 235 of the laws of 2000, are amended to read as follows: 2. THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL PRESIDENTIAL ABSEN- TEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall furnish with each special presidential ballot an envelope. On one side of the envelope shall be printed: OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS, FOR GENERAL ELECTION, NOVEMBER. [19] 20. Name of voter . Residence from which vote is being cast: Street and number . City or town . County . Assembly District or Ward . Election District . The date of the election and name of the county shall be printed, and the name of the voter, residence, name of the city or town, number of ward or assembly district, if any, and election district shall be print- ed, written or stamped in by the board. 3. On the reverse side of such envelope shall be printed the follow- ing statement: STATEMENT OF SPECIAL PRESIDENTIAL VOTER I do declare I am a qualified special presidential voter of said district; that I am not qualified and am not able to qualify to vote elsewhere than as set forth on the reverse side of this envelope; that I am a citizen of the United States; that on the date of the election for which this ballot is voted, I will be at least eighteen years of age; and that I have not committed any act, nor am I under any impediment, which denies me the right to vote. S. 2300 18 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, I shall be guilty of a misdemeanor. Date. 20. . Signature or mark of voter . Signature of Witness (required only if voter does not sign his OR HER own name) . Address of Witness § 15. Section 7-128 of the election law is amended to read as follows: § 7-128. Ballots; inspection of. 1. Each officer or board charged with the duty of providing official ballots for an election shall have sample ballots open to public inspection [five] TWENTY-EIGHT days before the election for which they were prepared and the official ballots open to such inspection [four] FOURTEEN days before such election except that the sample and official ballots for a village election held at a differ- ent time from a general election shall be open to public inspection at least two days before such election. During the times within which the ballots are open for inspection, such officer or board shall deliver to each voter applying therefor a sample of the ballot which he OR SHE is entitled to vote. 2. A. Each officer or board charged with the duty of preparing ballots to be used [on voting machines] in any election shall give written notice, by first class mail, to all candidates, except candidates for member of the county committee, who are lawfully entitled to have their names appear thereon, of the time when, and the place where, they may inspect the [voting machines] BALLOTS to be used for such election. The candidates or their designated representatives may appear at the time and place specified in such notice to inspect such [machines] BALLOTS, provided, however, that the time so specified shall be [not less than two] NO LATER THAN FOURTEEN days [prior to the date of] BEFORE the election AT WHICH THE BALLOTS WILL BE USED. B. A candidate, whose name appears on the ballot [for an election district] or his OR HER designated representative, may, in the presence of the election officer attending the [voting machine] BALLOT, inspect the [face of the machine] BALLOT to see that his OR HER ballot [label] POSITION is in its proper place[, but at no time during the inspection shall the booth be closed] OR PLACES. 3. EACH OFFICER OR BOARD CHARGED WITH THE DUTY OF PREPARING BALLOTS TO BE USED WITH VOTING MACHINES OR SYSTEMS IN ANY ELECTION SHALL GIVE WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL CANDIDATES, EXCEPT CANDI- DATES FOR MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED TO HAVE THEIR NAMES APPEAR THEREON, OF THE TIME WHEN, AND THE PLACE WHERE, THEY MAY INSPECT THE VOTING MACHINES OR SYSTEMS TO BE USED FOR SUCH ELECTION. THE CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY APPEAR AT THE TIME AND PLACE SPECIFIED IN SUCH NOTICE TO VIEW THE CONDUCT OF THE LOGIC AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON SUCH VOTING MACHINES OR SYSTEMS, PROVIDED HOWEVER, THAT THE TIME SO SPECIFIED SHALL BE NOT LESS THAN FIFTEEN DAYS PRIOR TO THE DATE OF THE ELECTION. S. 2300 19 § 16. Section 7-130 of the election law is amended to read as follows: § 7-130. Ballots; examination by voters and instruction in use of voting machines. One or more voting machines which shall contain the ballot labels, showing the [party emblems and] title of officers to be voted for, and which shall so far as practicable contain the names of the candidates to be voted for, shall be placed on public exhibition in some suitable place by the board of elections, in charge of competent instructors, for at least three days during the thirty days next preced- ing an election. No voting machine which is to be assigned for use in an election shall be used for such purpose after having been prepared and sealed for the election. During such public exhibition, the counting mechanism of the machine shall be concealed from view and the doors may be temporarily opened only when authorized by the board or official having charge and control of the election. Any voter shall be allowed to examine such machine, and upon request shall be instructed in its use. § 17. This act shall take effect immediately and shall apply to ballots to be used for elections occurring on or after the first day of July next succeeding the year in which it shall have become a law.
(D) 15th Senate District
(D) Senate District
(D, WF) 47th Senate District
(D) Senate District
View additional co-sponsors
(D, WF) 48th Senate District
(D, WF) 21st Senate District
(D, WF) 33rd Senate District
See Assembly Version of this Bill: A2682 Law Section: Election Law Laws Affected: Rpld §7-108, amd El L, generally Versions Introduced in Other Legislative Sessions: 2011-2012: A7492
2013-2014: A204
2015-2016: A3389
2017-2018: S7538, A3379, A9607
Enacts the voter friendly ballot act; relates to the form of the ballot for elections; removes additional provisions for primary elections for New York city.
BILL NUMBER: S2300A SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the election law, in relation to enacting the voter friendly ballot act; and to repeal section 7-108 of such law relating to the form of ballots PURPOSE: To create a ballot layout that is easy for voters to read and use. SUMMARY OF PROVISIONS: Section one of the bill sets forth the short title as the "voter friend- ly ballot act". Section two of the bill amends paragraph a of Subdivision 3 and para- graph b of Subdivision 4 of Section 7-102 of the election law to make the text gender inclusive. Section three of the bill amends Section 7-104 of the election law,
which, as amended, applies to the form of all ballots, as follows. Subdivision 1 of Section 7-104 is amended to require use of sans serif type Subdivision 2 of Section 7-104 is amended to make certain technical changes. Subdivision 3 of Section 7-104 is amended to remove the requirement of affixing a designating letter and number on ballots for primary elections, provide that a designating number is optional, and to make certain other technical changes. Subdivisions 4, 5, and 6 of Section 7-104 are amended to make certain technical changes. Subdivision 7 of Section 7-104 is amended to remove the requirement that each row on the ballot have an image of a closed fist and extended finger. Subdivision 8 of Section 7-104 is amended to make certain technical changes. A new Subdivision 9 is added to Section 7-104 to require that in coun- ties where ballots are required to be provided in a language other than English, there shall be versions printed in English and in each of the additional languages required so that each version of the ballot shall contain English and no more than two other languages, and to provide for poll worker training related to this new provision. A new Subdivision 10 is added to Section 7-104 to specify certain requirements with respect to instructions for marking the ballot, including the format and place- ment of such instructions on the ballot or on a separate sheet or card. New Subdivisions 11 and 12 are added to Section 7-104 to include requirements currently included in the election law in Subdivisions 1 and 2 of Section 7 108, which is otherwise repealed by section five of the bill. A new Subdivision 13 is added to Section 7-104 to set forth the require- ments for the text for ballot instructions, clarifying and simplifying the text required under current law. A new Subdivision 14 is added to Section 7-104 to require the state board of elections to provide line drawing illustrations to supplement the instructions. A new Subdivision 15 is added to Section 7-104 to set forth the require- ments for the text for ballot instructions when the ballot includes voting for questions or proposals, clarifying and simplifying the text required under current law. A new Subdivision 16 is added to Section 7-104 to require that when questions and proposals appear on the back of the ballot, the front of the ballot have words or a symbol indicating the voter should turn over the ballot. New Subdivisions 17, 18, 19, 20, 21, 22, 23, 24, and 25 are added to Section 7-104 to set forth other specifications for the design and layout of the ballot, including requirements that: -the voting oval or square shall be to the left of the name of the candidate; -all text shall be printed using standard capitalization and not all capital letters; -the ballot shall use one font or font family with enough variations for all text needs; -"Vote for one" or "Vote for up to" shall be printed just below each office title; -no party emblems shall be used; -names of candidates for the same office shall appear on the same page and in the same column(s) or row(s); -text shall be flush left and not centered on the ballot or in any column or row, except for multi-column or multi-row contests the title and number of allowable selections may be centered; -any shading shall be used consistently, to differentiate instructions from ballot section dividers and contest information; and -names of political parties or independent bodies nominating or desig- nating candidates shall be below or to the right of the name of the candidates, in less prominent type. A new Subdivision 26 is added to Section 7-104 to require that all paper ballots of the same kind for the same polling place shall be identical. A new Subdivision 27 is added to Section 7-104 to set forth other spec- ifications for the design and layout of the ballot, to be met to the extent practicable, including that: -the instructions shall be in the upper left hand corner of the front of the ballot; -the names of candidates shall be printed using a font size of not less than nine points; and -when the instructions are on the ballot, there shall be a clear deline- ation between the instructions and the first office or ballot question or proposal, through the use of white space, illustration, shading, color, font size, or bold type. Section four of the bill amends Section 7-106 of the election law, which, as amended, applies to ballots to be used with ballot scanners, as follows. The section heading of Section 7-106 is amended to indicate that the provisions of the Section are applicable to the form of ballots used with ballot scanners, not just "election day paper ballots." A new Subdivision 1 is added to Section 7-106 to specify that the provisions of Section 7-106 shall apply to all ballots to be used with ballot scanners, in addition to the ballot requirements provided for in Section 7-104. The existing Subdivision 1 of Section 7-106 is renumbered as Subdivision 2 and amended to specify that ballots shall be clearly distinguishable from sample ballots by size, color, or other means. The existing Subdi- visions 2, 3, and 4 of Section 7-106 are renumbered as Subdivisions 3, 4, and 5, respectively and the new Subdivision 3 is amended to remove requirements that would be inconsistent with Section 7-104 as amended by section three of the bill. The existing Subdivisions 5, 6, 7, 8, 9, 10, and 11 of Section 7-106 are deleted, as the provisions of these Subdivi- sions are replaced by the provisions of Section 7-104 as amended by section three of the bill. Section five of the bill repeals Section 7-108 of the election law, which relates to certain specifications regarding ballots that are replaced by the provisions of Section 7-104 as amended by section three of the bill. Section six of the bill amends Section 7-110 of the election law, related to additional requirements applicable to ballots for ballot proposals, to permit such proposals to appear on a separate sheet or card and to remove references to "voting levers," since machines for such levers are no longer used for elections to which the provisions of this section apply. Section seven of the bill amends Section 7-114 of the election law, which applies additional requirements to the form of ballots for primary elections, to make the provisions of this section consistent with those of Section 7-104 as amended by section three of the bill, to eliminate certain provisions that are replaced by the provisions of Section 7-104 as amended, and to make other technical changes. Section eight of the bill amends Section 7-116 of the election law, related to the order of names on ballots, in the following ways. Subdi- vision 2 of Section 7-116 is amended to make certain technical changes and to shorten the time in which candidates nominated at a convention may demand that ballot order be determined by lot, from one week to three business days. Subdivision 3 of Section 7-116 is amended to make certain technical changes. Subdivision 4 of Section 7-116 is amended to specify that if a vacancy in a designation or nomination be filled after the order in which the names of candidates is determined, the name of the candidate designated or nominated to fill the vacancy shall be printed in the place deter- mined for the original candidate only to the extent practicable. Subdivision 6 of Section 7-116 is amended to eliminate provisions that currently apply to primary elections in the City of New York related to rotating the names of candidates, and to add new provisions as follows. A new paragraph (a) of Subdivision 6 of Section 7-116 addresses cases where names are added to or removed from the ballot by court order when it is too late to apply the otherwise applicable specifications as to the order of candidates' names. A new paragraph (b) of Subdivision 6 of Section 7-116 specifies that the titles, public offices, or party posi- tions and the names of the candidates shall appear on the ballot imme- diately adjacent to one another, with no blank spaces separating them, except where a contest or candidate is removed from the ballot by court order too late to comply with this specification. Section nine of the bill amends Section 7-118 of the election law, relating to sample ballots, by dividing the Section into subdivisions and providing as follows. Subdivision 1 of Section 7-118 is amended to require sample ballots to be distinguishable from the ballot by size, color, or other means. Subdivision 3 allows the boards of elections to satisfy the requirement that they publicize a sample ballot by publishing one online. Subdivi- sion 4 allows the boards of elections to satisfy the requirement of sending a sample ballot to high schools by publishing such a sample ballot online. Section ten of the bill amends Section 7-120 of the election law, relat- ing to emergency ballots, to make certain technical changes. Section eleven of the bill amends Section 7-122 of the election law, relating to ballots for absentee voters, by: -specifying that the provisions of other sections of this chapter shall apply to absentee ballots except to the extent inconsistent with Section 7-122; -simplifying the instructions for absentee ballots; -deleting existing provisions of Section 7-122 that are replaced by the provisions of Section 7-104 and Section 7-106 as amended by sections three and four of the bill, respectively; -requiring three envelopes for each absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections; and -making other technical changes. Section twelve of the bill amends Section 7-123 of the election law, relating to military voters, to require three envelopes for each mili- tary absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section thirteen of the bill amends Section 7-124 of the election law, relating to special federal voters, to require three envelopes for each special federal absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section fourteen of the bill amends Section 7-125 of the election law, relating to special presidential voters, to require three envelopes for each special presidential absentee ballot issued by mail: the inner affirmation envelope for the ballot, outer envelope addressed to voter, and mailing envelope addressed to the board of elections. Section fifteen of the bill amends Section 7-128 of the election law as follows. Subdivision one of Section 7-128 is amended to expand the time for public inspection of sample ballots from 5 to 28 days, and to expand the time for inspection of official ballots from 4 to 14 days. Subdivision two of Section 7-128 is amended to expand the time for candidates on a ballot to inspect the ballot from 2 to 14 days. A new Subdivision 3 is added to Section 7-128 to require that candidates be given written notice of the time and place they may inspect the voting machines or systems to be used for the election and to permit candidates or their representatives to view the conduct of the logic and accuracy testing required to be performed on such voting machines or systems, not less than 15 days before the election. Section sixteen of the bill amends Section 7-130 of the election law to remove the requirement that party emblems be contained on the ballot labels for ballots to be examined by voters prior to the election. Section seventeen of the bill sets forth the effective date. JUSTIFICATION: A ballot that is clear and simple to read makes voting easier and leads to more accurate voting. In recent elections and going back many years, New York voters have been confronted with a ballot that was cluttered and difficult to read. The Voter Friendly Ballot Act will provide a remedy for New York's hard to read ballot by setting forth specifications that will create a ballot layout that is straightforward. Simultaneously, it provides Boards of Election with the flexibility to ensure good ballot design, regardless of the particular limits of their voting technology, or the number of contests and candidates that must be placed on the ballot in any partic- ular election. FISCAL IMPACT ON THE STATE: Minimal. FISCAL IMPACT ON LOCALITIES: Minimal. IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None. IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: None. LEGISLATIVE HISTORY: 2018:S7538A- RECOMMITTED TO ELECTIONS 2017:A3379A- passed assembly 2016:A3389B- passed assembly 2015:A3389 -passed assembly EFFECTIVE DATE: This act shall take effect immediately and shall apply to ballots to be used for elections occurring on or after the first day of August next succeeding the year in which it shall have become a law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 2300--A Cal. No. 160 2019-2020 Regular Sessions I N S E N A T E January 23, 2019 ___________ Introduced by Sens. KAVANAGH, ADDABBO, HOYLMAN, KAMINSKY, PARKER, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the election law, in relation to enacting the voter friendly ballot act; and to repeal section 7-108 of such law relating to the form of ballots THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "voter friendly ballot act". § 2. Paragraph a of subdivision 3 of section 7-102 of the election law, as added by chapter 371 of the laws of 1990, is amended to read as follows: a. In the event that a candidate in a primary election believes that the name of another candidate for the same office or position at such election is sufficiently similar to his OR HERS so as to cause confusion among the voters, such candidate may, not later than five days after the last day to file the certificates or petitions of designation, file with the board of elections with which such certificates or petitions of designation are filed, a request that such board determine that such a sufficient similarity exists. § 3. Section 7-104 of the election law, as amended by chapter 165 of the laws of 2010, is amended to read as follows: § 7-104. Ballots; form of[, voting machine]. 1. All ballots shall be printed and/or displayed in a format and arrangement, of such uniform size and style as will fit the ballot [frame], and shall be in as plain and clear a type or display as the space will reasonably permit, USING ONLY SANS SERIF PRINT FONTS. Such type or display on the ballot shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD02454-02-9 S. 2300--A 2 satisfy all requirements and standards set forth pursuant to the federal Help America Vote Act. 2. The names of parties or independent bodies which contain more than fifteen letters may, whenever limitations of space so require, be print- ed on the ballot in an abbreviated form. In printing the names of candi- dates whose full names contain more than fifteen letters, only the surname must be printed in full. The officer or board charged with the duty of [preparing the ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE shall request each such candidate to indicate, in writing, the shortened form in which, subject to this restriction, his OR HER name shall be printed. If no such indication is received from such candidate within the time specified in the request, such officer or board shall make the necessary determination. 3. (a) The party name or other designation[, and a designating letter and number] shall be affixed to the name of each candidate, or, in case of presidential electors, to the names of the candidates for president and vice-president of such party. (b) A COLUMN/ROW DESIGNATING NUMBER MAY BE AFFIXED TO THE NAME OF EACH CANDIDATE, OR IN THE CASE OF PRESIDENTIAL ELECTORS, TO THE NAMES OF THE CANDIDATES FOR PRESIDENT AND VICE-PRESIDENT OF SUCH PARTY. (C) The titles of offices may be arranged horizontally, with the names of candidates for an office and the SPACE, slot or device for write-in [ballots] VOTES for such office arranged vertically under the title of the office, or the titles of offices may be arranged vertically, with the names of candidates for an office and the SPACE, slot or device for write-in [ballots] VOTES for such office arranged horizontally opposite the title of the office. [(c)] (D) Each office shall occupy as many columns or rows on the [machine] BALLOT as the number of candidates to be elected to that office, EXCEPT WHERE CANDIDATE PLACEMENTS DUE TO CROSS ENDORSEMENTS REQUIRE ADDITIONAL COLUMNS OR ROWS. 4. (a) The names of all candidates nominated by any party or independ- ent body for an office shall always appear in the row or column contain- ing generally the names of candidates nominated by such party or inde- pendent body for other offices except as hereinafter provided. (b) When the same person has been nominated for an office to be filled at the election by more than one party, the voting machine shall be so adjusted that his or her name shall appear in each row or column containing generally the names of candidates for other offices nominated by any such party. (c) If such candidate has also been nominated by one or more independ- ent bodies, his or her name shall appear only in each row or column containing generally the names of candidates for other offices nominated by any such party and the name of each such independent body shall appear in one such row or column to be designated by the candidate in a writing filed with the officer or board charged with the duty of [providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE, or if such person shall fail to so designate, the names of such independent bodies shall appear in such row or column as such officer or board shall determine. (d) If any person shall be nominated for any office by one party and two or more independent bodies his or her name shall appear on the [voting machine] BALLOT twice; once in the row or column containing generally the names of candidates for other offices nominated by such party, and once in the row or column containing generally the names of candidates nominated by the independent body designated by such person S. 2300--A 3 in a writing filed with the officer or board charged with the duty of [providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE and in connection with the name of such person in such row or column shall appear the name of each independent body nominating him or her or, if such person shall fail to so designate, the name of such candidate and the names of such independent bodies shall appear in such row or column as such officer or board shall determine. (e) If any person is nominated for any office only by more than one independent bodies, his or her name shall appear but once upon the machine in one such row or column to be designated by the candidate in a writing filed with the officer or board charged with the duty of provid- ing ballots, or if the candidate shall fail to so designate, in the place designated by the officer or board charged with the duty of [providing ballots] CERTIFYING THE CANDIDATES FOR SUCH OFFICE, and in connection with his or her name there shall appear the name of each independent body nominating him or her, but, where the capacity of the [machine] BALLOT will permit, the name of such person shall not appear or be placed in a column or on a horizontal line with the names of persons nominated by a party for other offices. 5. Notwithstanding the provisions of subdivision four of this section, the name of a person who is nominated for the office of governor, or state senator, or member of assembly, shall appear on the ballot as many times as there are parties or independent bodies nominating him or her, and there shall be a separate voting [and registering device] POSITION at each place in which such name shall appear. 6. If any type of machine used in any county or city contains any feature APPROVED BY THE STATE BOARD OF ELECTIONS, the use of which is neither required nor prohibited by the provisions of this chapter, the board of elections may, by resolution, require that one or more of such features shall be used in such county. Thereafter all machines of such type used in such county or city shall be operated in conformity with any such resolution. Any such resolution may thereafter be rescinded by such board and after being so rescinded may be re-adopted. Once re-a- dopted by any board of elections, such a resolution may not be rescinded again by such board. 7. The ballot shall have printed upon it in black ink for each party or independent row, at the head of the column or the beginning of the row containing the names of candidates, [the image of a closed fist with index finger extended pointing to the party or independent row. In the same space, in black letters as large as the space will permit, shall be printed] the name of the party or independent body [and at the right of the fist and below the index finger shall be printed in black ink the emblem] and the designating [letters] LETTER of the row or column. 8. With respect to candidates for the offices of governor and lieuten- ant governor of a party or independent body, ballots shall be printed so that the names of such candidates for both offices shall appear in the same row or column, with the name of the candidate for governor appear- ing first and the ballot shall be so adjusted that both offices are voted for jointly and have but one designating [letter or] number IF SUCH COLUMN/ROW DESIGNATING NUMBERS ARE UTILIZED. 9. IN THOSE COUNTIES IN WHICH BALLOTS ARE REQUIRED BY FEDERAL LAW, OR OTHERWISE, TO BE PROVIDED IN A LANGUAGE OTHER THAN ENGLISH, THERE SHALL BE VERSIONS OF THE BALLOT PRINTED IN ENGLISH AND IN EACH OF THE ADDI- TIONAL LANGUAGES REQUIRED SO THAT EACH VERSION OF THE BALLOT SHALL CONTAIN ENGLISH AND NO MORE THAN TWO OTHER LANGUAGES. THE COUNTY BOARD OF ELECTIONS IN SUCH COUNTIES SHALL INSTRUCT, IN THEIR POLL WORKER S. 2300--A 4 TRAINING AND MATERIALS, THE PROCEDURES TO BE FOLLOWED TO ENSURE THAT EACH VOTER RECEIVES A BALLOT WITH THE APPROPRIATE LANGUAGE AS DETERMINED BY THE STATE BOARD. 10. EACH BALLOT SHALL CONTAIN INSTRUCTIONS FOR MARKING THE BALLOT. THE INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER THAN FIVE INCHES. BALLOT INSTRUCTIONS MAY BE PRINTED ON THE FRONT OR BACK OF THE BALLOT OR ON A SEPARATE SHEET OR CARD. IF SUCH INSTRUCTIONS ARE NOT PRINTED ON THE FRONT OF THE BALLOT, THERE SHALL BE PRINTED ON THE BALLOT, IN THE LARG- EST SIZE TYPE PRACTICABLE, THE FOLLOWING LEGEND: "SEE INSTRUCTIONS ON THE OTHER SIDE" OR "SEE INSTRUCTIONS (INSERT WHERE INSTRUCTIONS ARE FOUND)", WHICHEVER IS APPROPRIATE. 11. THE OFFICES APPEARING ON ALL BALLOTS SHALL BE LISTED IN THE CUSTOMARY ORDER. 12. IF TWO OR MORE CANDIDATES ARE NOMINATED FOR THE SAME OFFICE FOR DIFFERENT TERMS, THE TERM FOR WHICH EACH IS NOMINATED SHALL BE PRINTED AS A PART OF THE TITLE OF THE OFFICE. 13. THE TEXT FOR BALLOT INSTRUCTIONS SHALL BE SUBSTANTIALLY AS FOLLOWS, SO THAT IT ACCURATELY REFLECTS THE BALLOT LAYOUT: INSTRUCTIONS 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. 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. IF YOU MAKE A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT. 14. THE STATE BOARD OF ELECTIONS SHALL PROVIDE LINE DRAWING ILLUS- TRATIONS TO SUPPLEMENT THESE INSTRUCTIONS. AT A MINIMUM, AN ILLUSTRATION OF THE CORRECT WAY TO MARK THE BALLOT SHALL BE PROVIDED, BUT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE BOARD IN PROVIDING ADDI- TIONAL ILLUSTRATIONS. 15. WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT, INSTRUCTIONS SUBSTANTIALLY LIKE THE FOLLOWING SHALL BE INCLUDED: INSTRUCTIONS FOR VOTING ON QUESTIONS AND PROPOSALS TO VOTE ON A QUESTION OR PROPOSAL, MARK THE (INSERT "OVAL" OR "SQUARE") TO THE (INSERT "LEFT", "ABOVE" OR "BELOW") OF YOUR CHOICE. IF YOU MAKE A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT. 16. WHEN A QUESTION OR PROPOSAL APPEARS ON THE BACK OF THE BALLOT, THERE SHALL APPEAR ON THE FRONT OF THE BALLOT WORDS OR A SYMBOL INDICAT- ING THAT THE VOTER SHOULD TURN OVER THE BALLOT. 17. THE VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE CANDIDATE. 18. ALL TEXT, INCLUDING THE NAME OF EACH CANDIDATE AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, SHALL BE PRINTED USING STANDARD CAPITALIZATION IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY THE STATE BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPITAL LETTERS. S. 2300--A 5 19. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARI- ATIONS FOR ALL TEXT NEEDS. 20. "VOTE FOR ONE" OR "VOTE FOR UP TO . " (THE BLANK SPACE TO BE FILLED WITH THE NUMBER OF PERSONS TO BE NOMINATED FOR THE OFFICE OR ELECTED TO THE POSITION), AS APPLICABLE, SHALL BE PRINTED IMMEDIATELY BELOW EACH OFFICE TITLE APPEARING ON THE BALLOT. 21. NO PARTY EMBLEMS SHALL BE PRINTED ON THE BALLOT. 22. THE NAMES OF CANDIDATES FOR THE SAME OFFICE SHALL APPEAR ON THE SAME PAGE AND IN THE SAME COLUMN OR COLUMNS OR ROW OR ROWS OF THAT PAGE OF A PRINTED BALLOT, AND MAY NOT BE SEPARATED BY A PERFORATION. 23. ALL TEXT, INCLUDING THE TITLE OF EACH OFFICE AND THE NAME OF EACH CANDIDATE, SHALL BE PRINTED FLUSH LEFT AND SHALL NOT BE CENTERED ON THE BALLOT OR IN ANY COLUMN OR ROW APPEARING ON THE BALLOT; PROVIDED HOWEV- ER, IN A MULTI-COLUMN OR MULTI-ROW CONTEST, THE TITLE AND NUMBER OF ALLOWABLE SELECTIONS TO BE MADE FOR EACH SUCH OFFICE MAY BE CENTERED. 24. IF USED, SHADING SHALL BE USED CONSISTENTLY, SO AS TO DIFFEREN- TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION. 25. ABOVE, BELOW, OR TO THE RIGHT OF THE NAME OF EACH CANDIDATE, SHALL BE PRINTED, IN LESS PROMINENT TYPE FACE THAN THAT IN WHICH THE CANDI- DATE'S NAME IS PRINTED, THE NAME OF THE POLITICAL PARTY OR INDEPENDENT BODY BY WHICH THE CANDIDATE WAS NOMINATED OR DESIGNATED. 26. ALL PAPER BALLOTS OF THE SAME KIND FOR THE SAME POLLING PLACE SHALL BE IDENTICAL. 27. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY WITH THE FOLLOWING SPECIFICATIONS: (A) THE INSTRUCTIONS IN SUBDIVISION TEN OF THIS SECTION SHALL BE PRINTED IN THE UPPER LEFT HAND CORNER OF THE FRONT OF THE BALLOT; (B) THE NAME OF EACH CANDIDATE SHALL BE PRINTED USING A FONT SIZE OF NOT LESS THAN NINE POINTS; (C) WHEN THE INSTRUCTIONS ARE CONTAINED ON THE BALLOT, THERE SHALL BE A CLEAR DELINEATION BETWEEN THE BALLOT INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH THE USE OF WHITE SPACE, ILLUS- TRATION, SHADING, COLOR, FONT SIZE, OR BOLD TYPE. § 4. Section 7-106 of the election law, the section heading and subdi- visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11 as renumbered by chapter 165 of the laws of 2010, is amended to read as follows: § 7-106. [Election day paper ballots; form of] BALLOTS; FORM OF, FOR BALLOT SCANNERS, GENERAL, PRIMARY, OR SPECIAL ELECTIONS; ADDITIONAL REQUIREMENTS. 1. IN ADDITION TO BALLOT REQUIREMENTS PROVIDED FOR IN SECTION 7-104 OF THIS ARTICLE, ALL BALLOTS TO BE USED WITH ALL BALLOT SCANNERS SHALL COMPLY WITH THE FOLLOWING PROVISIONS. 2. Paper ballots which are to be counted by a ballot scanner may consist of two or more sheets which are divided into perforated sections which can be separated at the time the ballot is scanned. Such ballots shall be printed on paper of a quality, size, color, and weight [approved by the state board of elections] SPECIFIED IN THE VOTING SYSTEM'S TECHNICAL REQUIREMENTS DOCUMENTATION AND SHALL BE CLEARLY DISTINGUISHABLE FROM SAMPLE BALLOTS BY SIZE, COLOR OR OTHER MEANS. [2.] 3. All paper ballots of the same kind for the same polling place shall be identical. [A different, but in each case uniform style and size of type, shall be used for printing the names of candidates, the titles of offices, political designations, and the reading form of all questions submitted. The names of candidates shall be printed in capital letters in black-faced type. S. 2300--A 6 3.] 4. Each ELECTION DAY ballot shall be printed on the sheet with a stub which shall be separated therefrom by a line of perforations extending across the entire ballot. On the face of the stub shall be printed "No. " the blank to be filled with consecutive number of ballots beginning with "No. 1", and increasing in regular numerical order. [4.] 5. On such ballot shall be printed the following indorsement, the blanks properly filled in: Official Ballot for (General, Primary or Special, as applica- ble) Election County of . (Assembly or Legislative, as applicable) District . (Ward and City or town . as applica- ble). Election District . (Insert date of election.) (Insert names of election commissioners providing the ballot.) [5. The following ballot instructions shall be printed in heavy black type: INSTRUCTIONS (1) Mark only with a writing instrument provided by the board of elections. (2) To vote for a candidate whose name is printed on this ballot fill in the (insert oval or square, as applicable) above or next to the name of the candidate. (3) To vote for a person whose name is not printed on this ballot write or stamp his or her name in the space labeled "write-in" that appears (insert at the bottom of the column, the end of the row or at the bottom of the candidate names, as applicable) for such office (and, if required by the voting system in use at such election, the instructions shall also include "and fill in the (insert oval or square, as applicable) corresponding with the write-in space in which you have written in a name"). (4) To vote yes or no on a proposal, if any, that appears on the (indicate where on the ballot the proposal may appear) fill in the (insert oval or square, as applicable) that corresponds to your vote. (5) Any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. (6) Do not overvote. If you select a greater number of candidates than there are vacancies to be filled, your ballot will be void for that public office, party position or proposal. (7) If you tear, or deface, or wrongly mark this ballot, return it and obtain another. Do not attempt to correct mistakes on the ballot by making erasures or cross outs. Erasures or cross outs may invalidate all or part of your ballot. Prior to submitting your ballot, if you make a mistake in completing the ballot or wish to change your ballot choices, you may obtain and complete a new ballot. You have a right to a replace- ment ballot upon return of the original ballot. S. 2300--A 7 (8) After completing your ballot, insert it into the ballot scanner and wait for the notice that your ballot has been successfully scanned. If no such notice appears, seek the assistance of an election inspector. 6. The instructions in subdivision five of this section may be printed on the front or back of the ballot or on a separate sheet or card. If such instructions are not printed on the front of the ballot, there shall be printed on the ballot, in the largest size type for which there is room, the following legend: "See instructions on the other side" or "See enclosed instructions", whichever is appropriate. 7. Each such ballot shall be printed in sections in which the candi- dates' names and political designations, the ballot proposals and other requisite matter shall each be boxed in by heavy black perpendicular lines of equal width. In each such section shall be voting ovals or squares which voters may fill in. If applicable, ovals or squares shall be provided next to the blank spaces provided for a voter to write in a name. 8. The space for the title of an office shall be three-eighths of an inch, and the name of a candidate or for writing in a name, one-fourth of an inch, in depth. At the left of the name of each designated candi- date shall be an enclosed voting space, three-eighths of an inch in width and approximately one-fourth of an inch in depth, bounded above, below and to the right by black lines, heavier than those which separate the spaces containing the names of candidates. To the left of voting spaces which do not adjoin a vertical line dividing two parts, there shall be a heavy black vertical line approximately one-eighth of an inch in width. No voting space shall be provided in the space for writing in names. In such case, the space corresponding to a voting space shall be all black. 9. Below the names of the candidates for each office or position there shall be printed as many blank spaces, for writing in names of persons for whom the voter desires to vote, as there are persons to be nominated or elected. 10. In case the sections shall be so numerous as to make the ballot unwieldy if they are printed in one column, they may be printed in as many columns as shall be necessary, and in that case, in order to produce a rectangular ballot, blank sections may be used. 11. The names of parties or independent bodies which contain more than fifteen letters may, whenever limitations of space so require, be printed on the ballot in an abbreviated form. In printing the names of candidates whose full names contain more than fifteen letters, only the surname must be printed in full. The officer or board charged with the duty of preparing the ballots shall request each such candidate to indi- cate, in writing, the shortened form in which, subject to this restriction, his name shall be printed. If no such indication is received from such candidate within the time specified in the request, such officer or board shall make the necessary determination. No emblem shall occupy a space longer in any direction than the voting square to which it relates.] § 5. Section 7-108 of the election law is REPEALED. § 6. Section 7-110 of the election law, as amended by chapter 647 of the laws of 1982, is amended to read as follows: § 7-110. Ballots; form for ballot proposals; ADDITIONAL REQUIREMENTS. Ballot proposals shall appear on the [voting machine or] ballot in a separate section OR ON A SEPARATE SHEET OR CARD. At the left of, or below or above, each proposal shall appear [two voting levers or] two voting [squares, each at least one-half inch square] POSITIONS. Next to S. 2300--A 8 the first [lever or square] VOTING POSITION shall be printed the word "Yes," and next to the second [lever or square] VOTING POSITION shall be printed the word "No." The proposals shall be numbered consecutively on the [voting machine or] ballot. The number of each proposal shall appear in front of its designation as an amendment, proposition or question in the following form: "Proposal one, an amendment; proposal two, a propo- sition; proposal three, a question". § 7. Section 7-114 of the election law, as amended by chapter 234 of the laws of 1976, paragraph (c) of subdivision 1 as amended by chapter 433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by chapter 461 of the laws of 1977, is amended to read as follows: § 7-114. Ballots; form for primary election; ADDITIONAL REQUIREMENTS. 1. (a) [The] ON THE face of the official ballot for a primary election [shall be divided into parts. Descriptive words to indicate the purpose of each part shall be printed at its head. Beginning at the left or top, the first part shall be entitled, and shall be for "Candidates] CONTESTS AND CANDIDATES for nomination for public office[". The second part shall be entitled, and shall be for "Candidates] SHALL APPEAR FIRST, FOLLOWED BY CONTESTS AND CANDIDATES for party positions.["] When necessary, a part may be divided into two or more columns or rows, but the names of all persons designated for the same office or party position shall be in the same column or row. (b) [In each part shall be printed the titles of the offices or party positions, as the case may be, for which the part is to be used, and under each such title shall be printed the names of the designated candidates for the office or position. (c)] Where a candidate for nomination for the same public office or for election to the same party position is designated by two or more petitions, his OR HER name shall be placed upon the ballot for the primary election but once as such a candidate. [(d)] (C) The ballot shall not contain a space for voting for candi- dates for uncontested offices and positions, and no ballot shall be printed for a party [whose primary is uncontested] FOR WHICH THERE IS NO CONTESTED OFFICE OR POSITION unless a petition for opportunity to ballot has been filed. 2. (a) [The paper ballot for a primary election shall conform to the form for paper ballots set forth in this article with respect to quality and weight of paper, perforated line, and number on the stub on the back of the ballot. (b) On the back of the paper ballot, on the stub, immediately below the number, shall be the name of the party. On the back of the ballot and below the stub, and immediately to the left of the center of the ballot, and on the front of the ballot, below the perforated line, shall be printed, in addition to the other information required for paper ballots, the name and emblem of the party and the words "Official prima- ry ballot." (c) On the front of the stub, above the perforated line at the top of the paper ballot shall be printed the same instructions as on the gener- al election ballot. (d) The parts of the paper ballot below such heavy black horizontal line shall be separated by a heavy black vertical line or lines, one- fourth of an inch in width. Descriptive words to indicate the purpose of each part shall be printed at its head, below the heavy black horizontal line. Immediately below such captions shall be printed two light paral- lel horizontal lines approximately one-sixteenth of an inch apart, extending across each part. S. 2300--A 9 (e) The names of candidates on paper ballots shall be numbered with arabic numerals printed in heavy faced type beginning with "one" for the first candidate named in the first part and continuing in numerical order to and including the last candidate named in the last part, except that where] ON THE OFFICIAL PRIMARY ELECTION BALLOT, THE BALLOT ENDORSE- MENT SHALL INCLUDE THE NAME OF THE PARTY FOR WHICH SUCH BALLOT IS VALID. (B) WHERE two or more candidates are to be elected to a party posi- tion, the names of candidates designated by each petition shall be grouped TOGETHER, and [each group shall have but one number, which shall be printed opposite the approximate center of the group] MAY BE REFERRED TO COLLECTIVELY ON THE BALLOT AS A GROUP. [(f) The number of a candidate shall be printed on the paper ballot between the voting space and the name of the candidate. Each group shall have a bracket embracing the names in the group. (g) Spaces containing names of candidates and for writing in names, and intervening spaces on the paper ballot, shall be separated by light horizontal lines. Names of candidates shall be printed in capital letters not less than one-eighth nor more than three-sixteenths of an inch in height. (h)] (C) The paper ballots of no two parties shall be IDENTIFIED BY the same color OR COLOR MARKINGS, and the state board of elections shall select the color for each new party[, and not later than twelve weeks before a primary election, shall transmit to each board of elections]. THE STATE BOARD OF ELECTIONS SHALL INCLUDE WITH THE BOARD'S BALLOT CERTIFICATION a certificate stating the colors so selected. § 8. Subdivisions 2, 3, 4 and 6 of section 7-116 of the election law, subdivision 2 as amended by chapter 234 of the laws of 1976, subdivision 3 as amended by chapter 9 of the laws of 1978 and the second undesig- nated paragraph of subdivision 6 as amended by chapter 121 of the laws of 1997, are amended to read as follows: 2. The officer or board who or which prepares the ballot shall deter- mine the order in which shall appear, below the names of party candi- dates the nominations made only by independent bodies. Such officer or board also shall determine the order in which shall be printed[, in a section of such ballot] 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 [one week] 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 offi- cial 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 S. 2300--A 10 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 deleg- ates 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 indi- vidual petitions and not in a group shall be printed [below] 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 subdivi- sion. The names within a group of candidates designated for party posi- tion 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. 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. 6. [In the city of New York, the ballot on the voting machine for primary elections shall conform to the following additional provisions: The names of the candidates designated for such public office or party position in the primary of a party shall be placed under the title of the office or position in the alphabetical order of their surnames, in the first or lowest numbered assembly district and election district of any political unit or subdivision within a county. If candidates' surnames are identical, their given or first name shall determine their order. Thereafter the names shall be rotated by election districts by transposing the first named candidate to the bottom of the order at each succeeding election district, so that each name shall appear first and in each other position in an equal number, as nearly as possible, of the election districts and except, further, that where two or more candi- dates are to be elected to the same party position, the names of candi- dates for such a position which appear on the same designating petition shall be grouped together on the ballot in the order in which their names appear on the designating petition and the group rotated alphabet- ically in relation to other groups or individual candidates according to the surname of the first person on the designating petition of such group. Groups of candidates for delegate and alternate delegate, and groups of candidates for male and female delegate and male and female alternate delegate to the same convention designated on the same peti- tion shall be rotated together alphabetically in relation to other groups or individual candidates according to the surname of the first person listed on such designating petition in the group of candidates for whichever of such delegate or alternate delegate positions will appear first on the voting machine. If the rules of a party committee S. 2300--A 11 provide for equal representation of the sexes among the members of a state committee elected from each unit of representation, elections for male and female members of such a committee from a single unit of representation shall be conducted as elections for two different party positions. Notwithstanding the provisions of this paragraph, if the board of elections has assigned numbers to the candidates for an office or position because of identical or similar names among such candidates, the names of such candidates shall be placed under the title of such office or position in the order of such numbers in such first or lowest numbered district, and the names shall not be rotated by election district. Such names shall appear in the identical order on each ballot in each election district. County committee candidates or groups of candidates shall be printed within the first election district of each assembly district or part thereof, according to the priority of filing of designating petitions and they shall then be rotated by election district by placing the candidate or group of candidates designated in the same petition as the candidate or group of candidates which was printed first in an election district at the bottom of the order in the next succeeding election district in which a candidate or group of candidates designated in such petition appears on the ballot. 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 bottom 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. 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 voting machine used for primary elections in the city of New York shall appear on such machine 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 voting machine, and no blank spaces shall separate any two such offices or positions which appear on such voting machine in the same column or row.] (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 REQUIRE- MENTS FEASIBLE, THE NAME MAY BE ADDED AT THE END OF THE LIST OF CANDI- DATES 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 ADJA- CENT 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 SEPA- S. 2300--A 12 RATE ANY TWO SUCH OFFICES OR POSITIONS WHICH APPEAR ON SUCH BALLOT IN THE SAME COLUMN OR ROW. § 9. Section 7-118 of the election law, as amended by chapter 157 of the laws of 1996, is amended to read as follows: § 7-118. Ballots; facsimile and sample. 1. The board of elections shall provide facsimile and sample ballots which shall be arranged in the form of a diagram showing such part of the face of the voting machine OR BALLOTS as shall be in use at that election. Such facsimile and sample ballots shall be [either in full or reduced size] DISTIN- GUISHABLE FROM THE OFFICIAL BALLOT BY SIZE, COLOR, OR OTHER MEANS and shall contain suitable illustrated directions for voting on the voting machine OR BALLOT. 2. Such facsimile ballots shall be mounted and displayed for public inspection at each polling place during election day. 3. Sample ballots may be mailed by the board of elections to each eligible voter at least three days before the election, or in lieu ther- eof, a copy of such sample ballot may be published at least once within one week preceding the election in newspapers [representing the major political parties] OR ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS. 4. One copy of such facsimile shall be sent to each school in the county, providing the ninth through the twelfth years of compulsory education, and in the city of New York to each such school in the city of New York, at least one week before each general election for posting at a convenient place in such school. The board of elections shall also send a facsimile ballot to any other school requesting such a ballot. IN THE ALTERNATIVE, THE REQUIREMENTS OF THIS SUBDIVISION MAY BE FULLY SATISFIED BY PUBLISHING SUCH FACSIMILE ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS AND NOTIFYING EACH SUCH SCHOOL OF SUCH PUBLICATION. § 10. Subdivisions 1 and 3 of section 7-120 of the election law, subdivision 3 as amended by chapter 234 of the laws of 1976, are amended to read as follows: 1. If any voting machine OR VOTING SYSTEM for use in any election shall become out of order during an election it shall, if possible, be repaired or another machine OR VOTING SYSTEM substituted as promptly as possible. In case such repair or substitution cannot be made, emergency ballots, printed or written, and of any suitable form, SHALL BE PROVIDED BY THE BOARD OF ELECTIONS AND may be used for the [taking] CASTING of votes. 3. It shall be the duty of each board of elections to cause a suffi- cient number of emergency ballots to be placed at each polling place in which voting machines OR VOTING SYSTEMS are used, to be employed in the event the voting machines OR VOTING SYSTEMS break down. At any time during the hour succeeding a breakdown, the inspectors of election may use such emergency ballots, and if such breakdown lasts more than one hour, such emergency ballots must be used. The sample ballots may be used for this purpose in full or reduced size. § 11. Section 7-122 of the election law, subdivision 1 as amended by chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi- vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and (d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by chapter 165 of the laws of 2010, subdivision 7 as amended by chapter 9 of the laws of 1978, and subdivisions 6 and 7 as renumbered by chapter 352 of the laws of 1986, is amended to read as follows: § 7-122. Ballots; absentee voters. 1. (a) Ballots for absentee voters shall be, as nearly as practicable, in the same form as those to be voted in the district on election day, [if any,] except that ballots for S. 2300--A 13 primary elections shall omit the party position of ward, town, city or county committee and except further that such ballots need not have a stub, and shall have the words "Absentee Ballot", endorsed thereon. (b) [The names of candidates upon the ballot shall be printed in appropriate sections, with titles of offices, section numbers, emblems, voting squares, names of parties and political organizations and blank spaces for writing in names of persons not printed on the ballot. Except as to the spacing, such ballot shall be printed wherever applicable substantially as follows: (Form in chap. 381/79) (c) The indorsement shall be printed and properly filled in: Official Absentee Ballot for (General, Primary or Special, as applica- ble) Election County of. (Assembly or Legislative, as applicable) District. (Ward and City or town, as applicable). (Insert date of election) (Insert names of election commissioners providing the ballot) (d) On the front of the ballot prepared for counting by hand, shall be printed in heavy black type the following instructions] ALL PROVISIONS OF THIS CHAPTER NOT INCONSISTENT WITH THIS SUBDIVISION SHALL BE APPLICA- BLE TO ABSENTEE BALLOTS PREPARED FOR COUNTING BY A BALLOT SCANNER OR BY HAND. THE INSTRUCTIONS FOR MARKING AN ABSENTEE BALLOT SHALL BE PROVIDED AND SHALL BE SUBSTANTIALLY AS FOLLOWS, SO THAT THEY ACCURATELY REFLECT THE BALLOT LAYOUT: INSTRUCTIONS [1. Mark in pen or pencil. 2. To vote for a candidate whose name is printed on this ballot, make a single cross X mark or a single check, V mark in the voting square above the name of the candidate. 3. To vote for a person whose name is not printed on this ballot write or stamp his or her name in the space that appears at the bottom of the column or the end of the row (indicate where on the ballot the write-in space appears) containing the title of the office. 4. To vote on a proposal make a cross X mark or a check V mark in one of the squares contained in the box setting forth such proposal. 5. Any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 6. Do not overvote. If you select a greater number of candidates than there are vacancies to be filled, your ballot will be void for that public office, party position or proposal. 7. If you tear, or deface, or wrongly mark this ballot, call the board of elections at (insert phone number here) for instructions on how to obtain a new ballot. Do not attempt to correct mistakes on the ballot by making erasures or cross outs. Erasures or cross outs may invalidate all or part of your ballot. Prior to submitting your ballot, if you make a mistake in completing the ballot or wish to change your ballot choices, you may obtain and complete a new ballot. You have a right to a replace- ment ballot upon return of the original ballot.] MARK THE (INSERT "OVAL" OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR CHOICE. (PROVIDE ILLUS- TRATION OF CORRECTLY-MARKED VOTING POSITION HERE.) TO VOTE FOR A CANDI- DATE 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 S. 2300--A 14 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 following provisions shall apply to all absentee ballots prepared for counting by a ballot scanner and all other provisions of this chapter not inconsistent with this subdivision shall be applicable to such ballots: (a) The party emblem need not be printed next to the name of each candidate. (b) The ballot proposals may be on the back of the ballot, or on a separate ballot. (c) The printed instructions to the voter shall read as follows: INSTRUCTIONS 1. Mark only with a pen or pencil. 2. To vote for a candidate whose name is printed on this ballot, fill in the (insert oval or square, as applicable) above or next to the name of the candidate. 3. To vote for a person whose name is not printed on this ballot, write or stamp his or her name in the space labeled "write-in" that appears (insert at the bottom of the column or the end of the row, as applicable) containing the title of the office and, if required by the voting system in use at such election, the instructions shall also include "and fill in the (insert oval or square, as applicable) corre- sponding with the write-in space in which the voter has written a name." 4. To vote yes or no on a proposal, if any, that appears on the (indi- cate where on the ballot the proposal may appear) fill in the (insert oval or square, as applicable) that corresponds to your vote. 5. Any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 6. Do not overvote. If you select a greater number of candidates than there are vacancies to be filled, your ballot will be void for that public office, party position or proposal. 7. If you tear, or deface, or wrongly mark this ballot, call the board of elections at (insert phone number here) for instructions on how to obtain a new ballot. Do not attempt to correct mistakes on the ballot by making erasures or cross outs. Erasures or cross outs may invalidate all or part of your ballot. Prior to submitting your ballot, if you make a mistake in completing the ballot or wish to change your ballot choic- es, you may obtain and complete a new ballot. You have a right to a replacement ballot upon return of the original ballot. (d) Such instructions may be printed on the front or back of the ballot or on a separate sheet or card. If such instructions are not printed on the front of the ballot, there shall be printed on the ballot, in the largest size type for which there is room, the following legend: "See instructions on other side" or "See enclosed instructions", whichever is appropriate. S. 2300--A 15 (e) Such ballots which are to be counted by a ballot scanner may consist of two or more sheets, which are divided into perforated sections which can be separated at the time of canvassing. 3.] 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 absentee 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 herein contained shall prevent a board of elections, or a court of competent jurisdiction from determining at a later date that any such certification, desig- nation or nomination is invalid and, in the event of such later determi- nation, no vote cast for any such nominee by any voter shall be counted at the election. [5.] 3. THERE SHALL BE THREE ENVELOPES FOR EACH ABSENTEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN- TY BOARD OF ELECTIONS. The board of elections shall furnish with each absentee ballot an inner affirmation envelope. On one side of the envel- ope shall be printed: OFFICIAL ABSENTEE BALLOT for GENERAL (OR PRIMARY OR SPECIAL) ELECTION, . 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). [6] 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. [7.] 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. [8.] 6. On the reverse side of such inner affirmation envelope shall be printed the following statement: AFFIRMATION 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 S. 2300--A 16 envelope and I am qualified to vote in such district; that I will be unable to appear personally on the day of the election for which this ballot is voted at the polling place of the election district in which I am a qualified voter because of the reason given on my application here- tofore submitted; that I have not qualified nor do I intend to vote elsewhere, that I have not committed any act nor am I under any imped- iment 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 absentee 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 his OR HER own name) . Address of Witness [9.] 7. The inner affirmation envelope shall be gummed, ready for sealing, and shall have printed thereon, on the side opposite the state- ment, instructions as to the duties of the voter after the marking of the ballot, which instructions shall include a specific direction stat- ing when such ballot must be postmarked and when such ballot must reach the office of the board of elections in order to be canvassed. [10.] 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 absentee 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 absentee ballot within the time limits for receipt of the absentee ballot itself. Such inner affirmation envelope and outer envelope shall be enclosed in [a] THE third envelope addressed to the absentee voter. The outer and third envelopes shall have printed on the face thereof the words "Election Material--Please Expedite". § 12. The opening paragraph of subdivision 3 of section 7-123 of the election law, as amended by chapter 104 of the laws of 2010, is amended to read as follows: THERE SHALL BE THREE ENVELOPES FOR EACH MILITARY ABSENTEE BALLOT ISSUED WHEN THE MILITARY VOTER'S PREFERRED METHOD OF TRANSMISSION IS BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN- TY BOARD OF ELECTIONS. The board of elections shall furnish an inner affirmation envelope with each military ballot upon which envelope shall be printed: § 13. The opening and closing paragraphs of subdivision 2 of section 7-124 of the election law, as amended by chapter 104 of the laws of 2010, are amended to read as follows: THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL FEDERAL ABSENTEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER S. 2300--A 17 PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall furnish an inner affirmation envelope with each special federal ballot upon which envelope shall be printed: I understand that a material misstatement of fact in the completion of this document may constitute grounds for conviction of a crime. Date. 20. . Signature or mark of voter . Signature of Witness (required only if voter does not sign his OR HER own name) . Address of Witness § 14. Subdivisions 2 and 3 of section 7-125 of the election law, subdivision 3 as amended by chapter 235 of the laws of 2000, are amended to read as follows: 2. THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL PRESIDENTIAL ABSEN- TEE BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall furnish with each special presidential ballot an envelope. On one side of the envelope shall be printed: OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS, FOR GENERAL ELECTION, NOVEMBER. [19] 20. Name of voter . Residence from which vote is being cast: Street and number . City or town . County . Assembly District or Ward . Election District . The date of the election and name of the county shall be printed, and the name of the voter, residence, name of the city or town, number of ward or assembly district, if any, and election district shall be print- ed, written or stamped in by the board. 3. On the reverse side of such envelope shall be printed the follow- ing statement: STATEMENT OF SPECIAL PRESIDENTIAL VOTER I do declare I am a qualified special presidential voter of said district; that I am not qualified and am not able to qualify to vote elsewhere than as set forth on the reverse side of this envelope; that I am a citizen of the United States; that on the date of the election for S. 2300--A 18 which this ballot is voted, I will be at least eighteen years of age; and 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, I shall be guilty of a misdemeanor. Date. 20. . Signature or mark of voter . Signature of Witness (required only if voter does not sign his OR HER own name) . Address of Witness § 15. Section 7-128 of the election law is amended to read as follows: § 7-128. Ballots; inspection of. 1. Each officer or board charged with the duty of providing official ballots for an election shall have sample ballots open to public inspection [five] FIFTY days, EXCEPT IN THE CASE OF EXTRAORDINARY CIRCUMSTANCES IN WHICH CASE ON THE EARLIEST DAY PRACTI- CABLE, before the election for which [they were] THE BALLOTS HAVE BEEN prepared and the official ballots open to such inspection [four] FIFTY days, EXCEPT IN THE CASE OF EXTRAORDINARY CIRCUMSTANCES IN WHICH CASE ON THE EARLIEST DAY PRACTICABLE, before such election except that the sample and official ballots for a village election held at a different time from a general election shall be open to public inspection at least two days before such election. During the times within which the ballots are open for inspection, such officer or board shall deliver to each voter applying therefor a sample of the ballot which he OR SHE is enti- tled to vote. 2. A. Each officer or board charged with the duty of preparing ballots to be used [on voting machines] in any election shall give written notice, by first class mail, to all candidates, except candidates for member of the county committee, who are lawfully entitled to have their names appear thereon, of the time when, and the place where, they may inspect the [voting machines] BALLOTS to be used for such election. The candidates or their designated representatives may appear at the time and place specified in such notice to inspect such [machines] BALLOTS, provided, however, that the time so specified shall be [not less than two] NO LATER THAN FORTY-SIX days [prior to the date of] BEFORE the election AT WHICH THE BALLOTS WILL BE USED. B. A candidate, whose name appears on the ballot [for an election district] or his OR HER designated representative, may, in the presence of the election officer attending the [voting machine] BALLOT, inspect the [face of the machine] BALLOT to see that his OR HER ballot [label] POSITION is in its proper place[, but at no time during the inspection shall the booth be closed] OR PLACES. 3. EACH OFFICER OR BOARD CHARGED WITH THE DUTY OF PREPARING BALLOTS TO BE USED WITH VOTING MACHINES OR SYSTEMS IN ANY ELECTION SHALL GIVE WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL CANDIDATES, EXCEPT CANDI- DATES FOR MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED TO HAVE THEIR NAMES APPEAR THEREON, OF THE TIME WHEN, AND THE PLACE WHERE, S. 2300--A 19 THEY MAY INSPECT THE VOTING MACHINES OR SYSTEMS TO BE USED FOR SUCH ELECTION. THE CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY APPEAR AT THE TIME AND PLACE SPECIFIED IN SUCH NOTICE TO VIEW THE CONDUCT OF THE LOGIC AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON SUCH VOTING MACHINES OR SYSTEMS, PROVIDED HOWEVER, THAT THE TIME SO SPECIFIED SHALL BE NOT LESS THAN TWENTY DAYS PRIOR TO THE DATE OF THE ELECTION. § 16. Section 7-130 of the election law is amended to read as follows: § 7-130. Ballots; examination by voters and instruction in use of voting machines. One or more voting machines which shall contain the ballot labels, showing the [party emblems and] title of officers to be voted for, and which shall so far as practicable contain the names of the candidates to be voted for, shall be placed on public exhibition in some suitable place by the board of elections, in charge of competent instructors, for at least three days during the thirty days next preced- ing an election. No voting machine which is to be assigned for use in an election shall be used for such purpose after having been prepared and sealed for the election. During such public exhibition, the counting mechanism of the machine shall be concealed from view and the doors may be temporarily opened only when authorized by the board or official having charge and control of the election. Any voter shall be allowed to examine such machine, and upon request shall be instructed in its use. § 17. This act shall take effect immediately and shall apply to ballots to be used for elections occurring on or after the first day of July next succeeding the year in which it shall have become a law.
