ARTICLE 1 General Provisions
Section 1-100. Short title. This chapter shall be known as the
"Election Law".
Applicability of chapter. This chapter shall govern the
conduct of all elections at which voters of the state of New York may
cast a ballot for the purpose of electing an individual to any party
position or nominating or electing an individual to any federal, state,
county, city, town or village office, or deciding any ballot question
submitted to all the voters of the state or the voters of any county or
city, or deciding any ballot question submitted to the voters of any
town or village at the time of a general election. Where a specific
provision of law exists in any other law which is inconsistent with the
provisions of this chapter, such provision shall apply unless a
provision of this chapter specifies that such provision of this chapter
shall apply notwithstanding any other provision of law.
Definitions. The terms used in this chapter shall have the
significance herein defined unless another meaning is clearly apparent
in language or context. 1. The term "political unit" means the state or
any political subdivision thereof or therein.
2. The term "unit of representation" means any political unit from
which members of any committee or delegates to a party convention shall
be elected as provided in this chapter.
3. The term "party" means any political organization which, excluding
blank and void ballots, at the last preceding election for governor
received, at least two percent of the total votes cast for its candidate
for governor, or one hundred thirty thousand votes, whichever is
greater, in the year in which a governor is elected and at least two
percent of the total votes cast for its candidate for president, or one
hundred thirty thousand votes, whichever is greater, in a year when a
president is elected.
4. The term "party position" means membership on a party committee or
the position of delegate or alternate to a party convention.
5. The term "party officer" means one who holds any party position or
any party office whether by election, appointment or otherwise.
6. The term "committee" means any committee chosen, in accordance with
the provisions of this chapter, to represent the members of a party in
any political unit.
7. The term "designation" means any method in accordance with the
provisions of this chapter by which candidates for party nomination for
public office or for election to party position may be named for the
purpose of any primary election.
8. The term "official ballot" refers to the paper ballot on which the
voter casts his vote, or the face of a voting machine as prepared for
the voter to cast his vote at any election held in accordance with the
provisions of this chapter.
9. The terms "primary" or "primary election" mean only the mandated
election at which enrolled members of a party may vote for the purpose
of nominating party candidates and electing party officers.
10. The terms "uncontested office" and "uncontested position", used in
connection with a primary election of a party, mean an office or
position for which the number of candidates designated does not exceed
the number to be nominated or elected thereto by the party, and for
which no valid petition of enrolled members of the party requesting an
opportunity to write in the name of an undesignated candidate has been
filed.
11. The term "nomination" means the selection in accordance with the
provisions of this chapter of a candidate for an office authorized to be
filled at an election.
12. The term "independent body" means any organization or group of
voters which nominates a candidate or candidates for office to be voted
for at an election, and which is not a party as herein provided.
13. The term "independent nomination" means nomination by an
independent body.
14. Words of masculine gender include the feminine except where the
provision clearly applies to only one sex.
15. The term "veterans' hospital" means any sanitarium, hospital,
soldiers' and sailors' home, United States Veterans' Administration
Hospital, or other home or institution, which is used, operated and
conducted exclusively for the care, maintenance and treatment of persons
serving in the military or naval service or coast guard of the United
States or the state of New York, or persons who (a) were honorably
discharged from such service, or (b) have a qualifying condition, as
defined in section one of the veterans' services law, and have received
a discharge other than bad conduct or dishonorable from such service, or
(c) are a discharged LGBT veteran, as defined in section one of the
veterans' services law, and have received a discharge other than bad
conduct or dishonorable from such service.
16. The term "county legislative body" shall mean the elected
governing body of a county, and in the city of New York, the city
council.
17. The term "ballot proposal" means any constitutional amendment,
proposition, referendum or other question submitted to the voters at any
election.
18. The word "ballot" when referring to voting machines or systems
means that portion of the cardboard or paper or other material or
electronic display within the ballot frame containing the name of the
candidate and the emblem of the party organization by which he was
nominated, of the form of submission of a proposed constitutional
amendment, proposition referendum or question as provided in this
chapter, with the word "yes" for voting for any question or the word
"no" for voting against any question except that where the question or
proposition is submitted only to the voters of a territory wholly within
a county or city, such form shall be determined by the county board of
elections. Such statement and the title shall be printed and/or
displayed in the largest type or display which it is practicable to use
in the space provided.
19. The term "ballot label" means the printed strips of cardboard or
paper used on the voting machine containing the names of the candidates
nominated, and the questions submitted.
20. The term "write-in ballot" means a vote cast for a person whose
name does not appear on the ballot labels.
21. The term "protective counter" means a separate counter built into
the voting machine that cannot be reset, and which records the total
number of movements of the operating lever.
22. The term "residence" shall be deemed to mean that place where a
person maintains a fixed, permanent and principal home and to which he,
wherever temporarily located, always intends to return.
23. The term "voting machine custodian" shall mean a city, town or
board of elections employee charged with the duty of repairing and
maintaining voting machines.
24. The term "major political parties" means the two parties which
polled for their respective candidates for the office of governor the
highest and next highest number of votes at the last preceding election
for such office.
25. The term "election officer" shall mean any person who, pursuant to
the provisions of this chapter, performs any official duty or function
in the electoral process.
26. The term "board of elections" shall mean the board of elections of
any county in the state of New York and the board of elections of the
city of New York and with respect to villages located in more than one
county, shall mean the board of elections of that county containing more
than fifty percent of the population of the village as shown by the last
federal decennial or special census.
27. The term "personal application" means a signed writing which may
be delivered by mailing or in person.
28. The term "caucus" shall mean an open meeting held in a political
subdivision to nominate the candidates of a political party for public
office to be elected in such subdivision at which all the enrolled
voters of such party residing in such subdivision are eligible to vote.
29. The term "ballot label programming" means any computerized
instructions which control the placement or the printing of candidates'
names and ballot proposals on voting machines of a type approved after
September first, nineteen hundred eighty-six.
30. The term "ballot label programming data" means the names and
ballot positions of candidates and ballot proposals stored on any
computerized device through the use of ballot label programming.
31. The term "resident vote tabulation programming" means the
permanent computerized instructions which are built into any approved
voting machine or equipment and which control the recordation,
aggregation, tabulation, storage and printing of votes by any such
machine or equipment.
32. "General village election" means the annual or biennial election
for village officers.
33. "Special village election" means any election of village officers,
other than the general village election.
34. "Village primary" means any election held by a political party for
the purpose of nominating candidates for elective village offices.
35. The term "election" shall include a "general village election" or
"special village election" except where a specific provision of this
chapter may not be consistently applied to the village election
procedure.
36. "Name stamp" means any device which, when applied with ink or
other permanent dye, can be used to imprint a person's name to a
write-in ballot permanently.
37. The term "inactive status" means a category of registered voters
who have failed to respond to a residence confirmation notice provided
for by section 5-712 of this chapter and whose registrations have
neither been restored to the active registration rolls nor been
cancelled pursuant to the provisions of this chapter.
38. "Computer generated registration list" means a printed or
electronic list of voters in alphabetical order for a single election
district or poll site, generated from a computer registration file for
each election and containing for each voter listed, a facsimile of the
signature of the voter. Such a list may be in a single volume or in more
than one volume. The list may be utilized in place of registration poll
records, to establish a person's eligibility to vote in the polling
place on election day.
(a) The state board of elections shall promulgate minimum security
standards for any electronic device, and any network or system to which
the electronic device is connected, that is used to store or otherwise
access a computer generated registration list, and shall also promulgate
a list of devices that are approved for use. No local board of elections
shall be permitted to use such a device unless the state board of
elections has previously approved the device for use and has certified
that the network or system to which the electronic device is connected
is compliant with the minimum security standards.
(b) The minimum security standards for such devices shall be
commensurate with the level of security risk applicable to such devices
and shall specifically take into account any security risk associated
with voting equipment-related supply chains in addition to any other
applicable security risk.
(c) The state board of elections shall promulgate minimum redundancy
procedures to ensure a list of registration records is available that
provides necessary information in a compressed format to ensure voting
continues if the electronic computer generated registration system
becomes unavailable for any poll site or election district that utilizes
such an electronic computer generated registration list.
39. The term "name" for purposes of designating or nominating a
candidate for public office or party position shall mean an individual's
formal name or an alternate, anglicized, or familiar form of a name or
nickname, notwithstanding the candidate's proper name as it appears on
his or her voter registration form, provided that such name is
demonstrated to be commonly used to identify the candidate in the
candidate's community, does not include a descriptive term, and further
provided that the use of such name is not intended to mislead or confuse
potential signatories, and would not tend to confuse or mislead
potential signatories, as to the candidate's identity.
Filing of papers; when received. 1. All papers required to be
filed pursuant to the provisions of this chapter shall, unless otherwise
provided, be filed between the hours of nine A.M. and five P.M. On the
last day of filing in the county of Westchester, petitions of
designation or nomination shall be filed between the hours of nine A.M.
and midnight and such board of elections office shall be open to receive
such petitions during the hours herein specified. If the last day for
filing shall fall on a Saturday, Sunday or legal holiday, the next
business day shall become the last day for filing. All papers sent by
mail in an envelope postmarked prior to midnight of the last day of
filing shall be deemed timely filed and accepted for filing when
received, except that all certificates and petitions of designation or
nomination, certificates of acceptance or declination of such
designations or nominations, certificates of authorization for such
designations or nominations, certificates of disqualification,
certificates of substitution for such designations or nominations and
objections and specifications of objections to such certificates and
petitions required to be filed with the state board of elections or a
board of elections outside of the city of New York shall be deemed
timely filed and accepted for filing if sent by mail or overnight
delivery service pursuant to subdivision three of this section, and
received no later than two business days after the last day to file such
certificates, petitions, objections or specifications. Failure of the
post office or any other person or entity to deliver any such petition,
certificate or objection to such board of elections outside the city of
New York no later than two business days after the last day to file such
certificates, petitions, objections or specifications shall be a fatal
defect. Excepted further that all certificates and petitions of
designation or nomination, certificates of acceptance or declination of
such designations and nominations, certificates of substitution for such
designations or nominations and objections and specifications of
objections to such certificates and petitions required to be filed with
the board of elections of the city of New York must be actually received
by such city board of elections on or before the last day to file any
such petition, certificate or objection and such office shall be open
for the receipt of such petitions, certificates and objections until
midnight on the last day to file any such petition, certificate or
objection. Failure of the post office or any other person or entity to
deliver any such petition, certificate or objection to such city board
of elections on or before such last day shall be a fatal defect.
2. The failure to file any petition or certificate relating to the
designation or nomination of a candidate for party position or public
office or to the acceptance or declination of such designation or
nomination within the time prescribed by the provisions of this chapter
shall be a fatal defect.
3. (a) Any reference in this chapter to the United States mail shall
be treated as including a reference to any delivery service designated
by the secretary of the treasury of the United States pursuant to
section seventy-five hundred two of the internal revenue code and any
reference in this chapter to a postmark or a postmark by the United
States mail shall be treated as including a reference to any date
recorded or marked in the manner described in section seventy-five
hundred two of the internal revenue code by a designated delivery
service. If the state board of elections finds that any delivery service
designated by such secretary is inadequate for the needs of the state,
the state board of elections may withdraw such designation for purposes
of this article. The state board of elections may also designate
additional delivery services meeting the criteria of section
seventy-five hundred two of the internal revenue code for purposes of
this article, or may withdraw any such designation if the state board of
elections finds that a delivery service so designated is inadequate for
the needs of the state. Any reference in this chapter to the United
States mail shall be treated as including a reference to any delivery
service designated by the state board of elections and any reference in
this chapter to a postmark by the United States mail shall be treated as
including a reference to any date recorded or marked in the manner
described in section seventy-five hundred two of the internal revenue
code by a delivery service designated by the state board of elections.
(b) Any equivalent of registered or certified mail designated by the
United States secretary of the treasury, or as may be designated by the
state board of elections pursuant to the same criteria used by such
secretary for such designations pursuant to section seventy-five hundred
two of the internal revenue code, shall be included within the meaning
of registered or certified mail as used in this chapter. If the state
board of elections finds that any equivalent of registered or certified
mail designated by such secretary or the state board of elections is
inadequate for the needs of the state, the state board of elections may
withdraw such designation for purposes of this article.
Expenses related to local mandatory and permissive
referendum. Notwithstanding any other provision of law to the contrary,
no private individual, partnership, corporation, industry, association,
organization, firm, trust, estate or other legal entity not associated
with the state or a municipality shall directly or indirectly pay or use
or offer, consent to or agree to pay or use any money or property for or
in aid of the payment of any expense incurred or expected to be incurred
by the state or any county, city, town, village or special district,
which expense is associated with the conduct of a mandatory or
permissive referendum conducted for the purpose of deciding any ballot
question submitted to all the voters of any county, city, town, village
or special district. Such expenses shall include, but not be limited to
the costs associated with equipment, materials and personnel utilized to
conduct the referendum.
ARTICLE 2 Party Organization
Party committees; provision for. Party committees shall
consist of a state committee, county committees, and such other
committees as the rules of the party may allow.
State committee; creation. 1. The members of the state
committee of each party shall be elected from such units of
representation as the state committee shall by rule provide. The number
of members representing each unit may vary, but each member shall be
entitled to an equal vote within his unit. Each member of the state
committee shall be entitled to cast one vote unless the rules of the
party shall provide otherwise.
2. Each member shall be, at the time of his election and continuously
thereafter, an enrolled member of the party and a resident of the unit
from which he is elected except as hereinafter provided.
3. To be eligible for election as a member of the state committee at
the first election next ensuing after a readjustment or alteration of
the units of representation becomes effective, a candidate must only
have been a resident of the county in which the unit, or any part
thereof, is contained for the twelve months immediately preceding the
election.
4. When any rule of the state committee provides for representation by
gender, the designating petitions and primary ballots shall list
candidates for such party positions separately by gender marker. In
providing for such representation, the state committee shall establish
rules that provide for the ability of individuals who do not exclusively
identify as a binary gender to run for those positions and which respect
individuals' gender identity.
5. The state committee may provide for the holding of a state
convention and the election of delegates and alternate delegates thereto
in any year and may empower such convention to adopt party platforms and
policies and to transact such other business as it may prescribe.
County committee; creation. 1. The county committee of each
party shall be constituted by the election in each election district
within such county of at least two members and of such additional
members as the rules of the county committee of the party within the
county or the statement filed pursuant hereto may provide for such
district, proportional to the party vote in the district for governor at
the last preceding gubernatorial election, or in case the boundaries of
such district have been changed or a new district has been created since
the last preceding gubernatorial election, proportional to the party
vote cast for member of assembly or in the event there was no election
for member of assembly, then proportional to the number of enrolled
voters of such party in such district on the list of enrolled voters
last published by the board of elections, excluding voters in inactive
status. In a county in which no additional members are provided for by
the rules of the county committee or the statement filed pursuant hereto
the voting power of each member shall be in proportion to such party
vote or, if the election district which such member represents was
created or changed since the last election for member of assembly,
proportional to such party enrollment. In a county in which additional
members are so provided for, on the basis of the party vote or
enrollment in election districts within such county, each member shall
have one vote. Each member of a county committee shall be an enrolled
voter of the party residing in the county and the assembly district from
which or in the assembly district containing the election district in
which such member is elected except that a member of a county committee
who, as a result of an alteration of assembly district lines, no longer
resides within such assembly district may continue to serve for the
balance of the term to which he was elected.
2. If such committee or a state convention of the party shall provide
by rule for representation by gender on such committee, the rules of
such committee relative to additional members, either from election
districts or at large, shall be formulated and applied in such manner
that the whole membership shall be divided among genders as provided by
the rules of such committee. When any such rule provides for such
representation, the designating petitions and primary ballots shall list
candidates for such party positions separately by gender marker. In
providing for such representation, such committee shall establish rules
that provide for the ability of individuals who do not exclusively
identify as a binary gender to serve as members and which respect
individuals' gender identity.
3. Notwithstanding the provisions of subdivision one of this section,
a county committee of a party shall be legally constituted if
twenty-five per centum of the committeemen required to be elected in
such county, as provided in subdivision one of this section, have been
elected.
State and county committees; election of members. 1. Members
of the state and county committees shall be elected at the primary
election as herein provided.
2. Members of the state committee shall be elected biennially.
3. Members of county committees shall be elected biennially, except
that to effect a transition from either odd to even or even to odd
number year elections, a county committee may provide by an amendment to
its rules filed with the board of elections at least four months before
the date of the primary election at which the two year term of such
committee is expiring, that the committee elected at such election shall
be elected for a single, interim one-year term for members of such
committee. No committee may effect such a change in the year of election
more than once every ten years.
4. Members shall hold office until the next election at which members
of the committee are elected.
State and county committees; new party. The state committee
and county committees of a new political party, which meet prior to the
first primary for which members of such party shall have become
enrolled, shall be formed as provided by the rules of such party.
Committees other than state and county; creation. 1. All
committees other than state and county committees shall be formed in the
manner provided for by the rules of the party.
2. In the city of New York there shall be the party positions of
assembly district leaders or, if the rules of the county committee shall
so provide, one assembly district leader and one associate assembly
district leader. Outside the city of New York there shall be such
positions when the rules of the county committee shall so provide. Such
leaders shall be elected at primary elections as herein provided, within
every county in such city for each assembly district, or for each part
of an assembly district within such county as may be designated for the
purpose in the rules of the county committee, and in every county of the
state outside of such city where the rules so provide, for such assembly
district or part thereof within such county as may be designated in such
rules for the purpose. Such assembly district leaders or such assembly
district leader and associate assembly district leader shall be of
different genders, if the rules of the county committee shall so
provide, and shall be enrolled voters of the party residing within the
assembly district and, if the rules of the county committee shall so
provide, within the part of the assembly district for which they are to
be elected, and shall be elected at the same primary election and for
the same term as members of the county committee. When any such rule
provides for representation by gender, the designating petitions and
primary ballots shall list candidates for such party positions
separately by gender marker. In providing for such representation, the
county committee shall establish rules that provide for the ability of
individuals who do not exclusively identify as a binary gender to serve
as district leader and which respect individuals' gender identity. Each
shall perform such duties, powers and functions as the rules of the
county committee may prescribe. Vacancies in such positions shall be
filled by the members of the county committee within the assembly
district or part thereof, as the case may be, until the first primary
election following the creation of such vacancy or vacancies for which
the period for circulating designating petitions ends at least seven
days after the creation of such vacancy or vacancies, at which time the
successor or successors shall be directly elected as herein provided.
Assembly district leaders and associate assembly district leaders shall
automatically be members and shall have the right to participate and
vote in meetings of the county committee or any subcommittee thereof.
The county committee may provide by its rules that the members of the
state committee, elected in accordance with the provisions of this
chapter, shall possess the duties, powers and functions of an assembly
district leader or an associate assembly district leader. In such event
the provisions of this section shall not apply to the members of the
state committee but upon their election as a member of the state
committee, such person shall be deemed to have also been elected as an
assembly district leader or an associate assembly district leader.
3. To be eligible for election as assembly district leader or
associate assembly district leader at the first election next ensuing
after a readjustment or alteration of the units of representation
becomes effective, a candidate must only have been a resident of the
county in which the unit, or any part thereof, is contained for the
twelve months immediately preceding the election.
Committees; organization. 1. Every committee shall meet and
organize by electing a chairman, a secretary, a treasurer and such other
officers as they may pursuant to their rules.
(a) Every state committee shall meet no earlier than September
seventeenth and no later than October first following the June primary.
Until such organization meeting, the existing state committee shall
exercise all legal authority. Upon the conclusion of such organization
meeting, the new state committee shall assume all legal authority vested
in the previously organized state committee.
(b) Every county committee shall meet no earlier than September
seventeenth and no later than October sixth following the June primary.
Until such organization meeting, the existing county committee shall
exercise all legal authority. Upon the conclusion of such organization
meeting, the new county committee shall assume all legal authority
vested in the previously organized county committee.
(c) All other committees shall meet within the time specified by party
rules.
(d) Within three days after their organization meeting all state and
county committees shall file in the office of the state board of
elections a certificate stating the names and post office addresses of
such officers. County committees and any other committee contained
therein shall file a copy of such statement with their county board of
elections.
2. Such officers shall be enrolled members of the party, but need not
be members of such committees.
Committees; rules of. 1. Each committee may prepare rules for
governing the party within its political unit. Within ten days after the
adoption of any rule or amendment thereto a certified copy thereof shall
be filed by the state committee in the office of the state board of
elections, and by the county committee in the office of the state board
of elections, and in the office of the board of elections of the county.
If a section or portion of such rules relate to the nomination of
candidates for village office, such section or portion of such rules
shall be filed in the office of the village clerk of all villages in
which elections are conducted by the village and in which the party
makes any nominations for village office. No rule or amendment thereof
shall be effective until the filing thereof in the office of the state
board of elections. Such rules shall continue to be the rules for the
committee until they are amended or new rules adopted.
2. Rules may be amended or new rules adopted from time to time by a
majority vote of the members of the committee present at a meeting at
which there is a quorum, provided a copy of the proposed amendment shall
be sent with the notice of the meeting at which such amendment is to be
proposed, such notice to be mailed not less than five days before such
meeting to the post office address of each member of the committee.
Committee; removal of member. A member or officer of a party
committee may be removed by such committee for disloyalty to the party
or corruption in office after notice is given and a hearing upon written
charges has been had. The hearing shall be held by the committee, or a
subcommittee thereof appointed for that purpose, which subcommittee
shall report its findings to the full committee.
Committees; vacancies, how filled and effect of change of
boundaries. 1. In the case of the death, declination, enrollment in
another party, removal from the unit or removal from office of a member
of a committee, or the failure to nominate or elect a member, the
vacancy created thereby shall be filled by the remaining members of the
committee by the selection of an enrolled voter of the party qualified
for election from the unit of representation in which such vacancy shall
have occurred. When a state committee fills a vacancy pursuant to this
subdivision, the chairman or secretary of such committee shall, within
ten days after such vacancy is filled, file a certificate with the state
board of elections setting forth the name, address, and unit of
representation of the person so selected.
2. If the boundaries of any unit of representation be changed after
the election of members of a state committee or assembly district
leaders or associate assembly district leaders, the terms of members,
assembly district leaders or associate assembly district leaders elected
in such units of representation and the units of representation which
such members, assembly district leaders or associate assembly district
leaders represent shall continue until the next regularly scheduled
election for such party positions and until their successors are
elected.
3. The county committee, upon its organization after the election of
its members, or at any time thereafter, may determine that a vacancy or
vacancies in such committee exists by reason of an increase in the
number of election districts within the county occasioned by a change of
the boundaries of one or more election districts, taking effect after
such election, and may determine the districts that the elected members
shall represent until the next election at which members of such
committee are elected. A vacancy so determined to exist shall be filled
as provided in subdivision one.
Party positions; to be filled at primary election, time for
filing statement as to. 1. The chairman of the county committee of each
party or such person as may be designated by the rules of the county
committee shall file with the board of elections not later than two
weeks before the first day on which designating petitions for a primary
election may be signed, a statement of the party positions to be filled
by such party at such primary election, and the number of persons to be
elected to each position; provided, however, that failure to file such
statement shall not be construed as a prerequisite to filing designating
petitions for such position.
2. If the party positions to be filled are elected from a district
which includes parts of two or more counties, the chairman of the state
committee of each party or such person as may be designated by the rules
of the state committee shall file such statement with the state board of
elections and the board of elections for each county within such
district.
3. In each county within the city of New York, and in each county
outside of such city where the rules of the county committee of a party
provide for the election of assembly district leaders, or one assembly
district leader and one associate assembly district leader from parts of
an assembly district, the statement filed by such committee shall also
set forth the election districts contained within each such part of such
assembly district.
National party conventions; delegates, election. Delegates
and alternates to a national convention of a party shall be elected from
congressional districts, or partly from the state at large and partly
from congressional districts, as the rules of the state committee may
provide. Such delegates and alternates from the state at large shall be
elected by the state committee or by a state convention of the party, as
the rules of the state committee shall prescribe. If the rules of a
national party provide for representation by gender among delegates
elected from districts, such district delegates shall be elected
separately by gender. District delegates and alternates to national
party conventions and delegates, and alternates, if any, to such a state
convention shall be elected at a primary. All delegates and alternates
to a national party convention shall be enrolled members of such party.
When any such rule provides for representation by gender, the
designating petitions and primary ballots shall list candidates for such
party positions separately by gender marker. In providing for such
representation, the party shall establish rules that provide for the
ability of individuals who do not exclusively identify as a binary
gender to serve as delegates and which respect individuals' gender
identity.
Party names and emblems; provision for. 1. The state
committee of a party shall select a name and emblem to distinguish the
candidates of the party for public office in all districts of the state,
and shall file in the office of the state board of elections, a
certificate executed by its chairman and secretary, setting forth the
name and showing the emblem so selected.
2. The name of a party shall be in the English language and shall not
include the words "American", "United States", "National", "New York
State", "Independence" or "Independent", or "Empire State", or any
abbreviation or plural thereof, nor the name or part of the name, or an
abbreviation of the name, of an existing party. The emblem chosen may be
a star, an animal, an anchor, or any other proper symbol, but may not be
the same as or similar to any emblem, insignia, symbol or flag used by
any political or governmental body, agency or entity nor any religious
emblem, insignia, symbol or flag, nor the portrait of any person, nor
the representation of a coin or of the currency of the United States.
The name and emblem chosen shall not be similar to or likely to create
confusion with the name or emblem of any other existing party or
independent body.
3. If the name of any party shall contain more than fifteen letters,
the state committee shall similarly select and certify an abbreviated
form thereof, containing not more than fifteen letters, to be used upon
the ballot whenever the necessities of space so require.
ARTICLE 3 Election Officials
TITLE 1 Statewide Provisions
New York state board of elections; membership; organization.
1. There is hereby created within the executive department a New York
state board of elections, hereafter referred to as the "state board of
elections", composed of four commissioners appointed by the governor:
two commissioners, one each from among not fewer than two persons
recommended by the chairman of the state committee of each of the major
political parties; and two other commissioners, one upon the joint
recommendation of the legislative leaders, of one major political party,
in each house of the legislature and one upon the joint recommendation
of the legislative leaders, of the other major political party, in each
house of the legislature. The commissioners shall be appointed for terms
of two years each and in the same manner as their respective
predecessors. A commissioner appointed to the board to fill a vacancy
caused other than by expiration of a term, shall serve for the balance
of the unexpired term. In the event that there is a vacancy in the
office of the commissioner appointed on the recommendation of such
legislative leaders caused by expiration of term or otherwise, such
legislative leaders responsible for making the joint recommendation to
fill such vacancy shall jointly recommend an individual to fill such
vacancy and the governor shall make the appointment from such joint
recommendation within thirty days of receiving such joint
recommendation. In the event the governor does not act on such joint
recommendation within thirty days or objects to such joint
recommendation, then the legislative leaders making such joint
recommendation shall have the option of: (a) appointing the individual
so jointly recommended as a commissioner, or (b) jointly recommending
another individual for appointment by the governor according to the
procedure outlined in this subdivision.
2. The two commissioners of the board appointed upon the
recommendation of the legislative leaders shall be co-chairs of the
state board of elections.
3. The commissioners of the state board of elections shall have no
other public employment. The commissioners shall receive an annual
salary of twenty-five thousand dollars, within the amounts made
available therefor by appropriation. The board shall, for the purposes
of sections seventy-three and seventy-four of the public officers law,
be a "state agency", and such commissioners shall be "officers" of the
state board of elections for the purposes of such sections. Within the
amounts made available by appropriation therefor, the state board of
elections shall appoint two co-executive directors, and such other staff
members as are necessary in the exercise of its functions, and may fix
their compensation. The commissioners or, in the case of a vacancy on
the board, the commissioner of each of the major political parties shall
appoint one co-executive director. Each co-executive director shall
serve a term of four years. Any vacancy in the office of co-executive
director shall be filled by the commissioners or, in the case of a
vacancy on the board, the commissioner of the same major political party
as the vacating incumbent for the remaining period of the term of such
vacating incumbent.
3-a. There is established within the state board of elections the
office of chief enforcement counsel to head the division of election law
enforcement. Such counsel shall serve in said office for a fixed term of
five years commencing September first, two thousand fourteen, and may
only be removed by the governor for substantial neglect of duty, gross
misconduct in office, or the inability to discharge the powers or duties
of office, upon notice with an opportunity to be heard. The chief
enforcement counsel shall have sole authority over personnel decisions
within the enforcement division. All hiring decisions made by the chief
enforcement counsel shall be made without regard to political
affiliation. The chief enforcement counsel shall not hold any other
public office, be a party officer during his or her term of office, or
otherwise engage in outside employment. He or she shall be chosen by the
governor which choice shall be confirmed by each house of the
legislature separately by a majority vote of the members elected to each
house of the legislature.
4. For the purposes of meetings, three commissioners shall constitute
a quorum. The affirmative vote of three commissioners shall be required
for any official action of the state board of elections.
5. The principal office of the state board of elections shall be in
the county of Albany.
State board of elections; general powers and duties. In
addition to the enforcement powers and any other powers and duties
specified by law, the state board of elections shall have the power and
duty to:
1. issue instructions and promulgate rules and regulations relating to
the administration of the election process, election campaign practices
and campaign financing practices consistent with the provisions of law;
2. visit boards of elections, examine their procedures and records and
direct that any such procedures be modified in any manner consistent
with the provisions of this chapter;
3. conduct any investigation necessary to carry out the provisions of
this chapter, provided, however, that the state board of elections chief
enforcement counsel, established pursuant to section 3-100 of this
article, shall conduct all investigations necessary to enforce the
provisions of this chapter;
4. conduct private or public hearings;
5. administer oaths or affirmations, subpoena witnesses, compel their
attendance, examine them under oath or affirmation and require the
production of any books, records, documents or other evidence it may
deem relevant or material;
6. confer immunity in accordance with the provisions of section 50.20
of the criminal procedure law, in any investigation relating to any
crime or offense with respect to which, by express provisions of
statute, a competent authority is authorized to confer immunity;
provided, however, that such immunity shall be conferred only after the
attorney general and appropriate district attorney are afforded the
opportunity to be heard respecting any objections which either may have
to the conferring thereof; and provided, further, that if either the
attorney general or any such appropriate district attorney shall object
to the conferring of immunity, immunity may be conferred only by
unanimous vote of all four commissioners of the state board;
7. institute, or direct a board of elections to institute such
judicial proceedings as may be necessary to enforce compliance with any
provision of article fourteen of this chapter or any regulation
promulgated thereunder including, but not limited to, application, on
notice served upon the respondent in the manner directed by the court at
least six hours prior to the time of return thereon, to a justice of the
supreme court within the judicial district in which an alleged violation
of any such provision or regulation occurred or is threatened, for an
order prohibiting the continued or threatened violation thereof or for
such other or further relief as the court may deem just and proper;
8. prepare uniform forms for the statements required by article
fourteen of this chapter and uniform forms for use by local election
officials in the conduct of registration and voting; design, prepare and
make available to county boards of election and to such other
institutions and groups as such board in its discretion shall determine
uniform application forms for registration and enrollment, transfer of
registration and/or enrollment and special enrollment upon application
filed by mail pursuant to the provisions of section 5-210 of this
chapter;
9. study and examine the administration of elections within the state
including campaign financing, campaign financing reporting, and campaign
practices;
9-A. (a) develop an electronic reporting system to process the
statements of campaign receipts, contributions, transfers and
expenditures required to be filed with any board of elections pursuant
to the provisions of sections 14-102, 14-104 and 14-201 of this chapter;
(b) prescribe the information required in the form for each statement
to be filed;
(c) establish an educational and training program on all reporting
requirements including but not limited to the electronic reporting
process and make it easily and readily available to any such candidate
or committee;
(d) make the electronic reporting process available to any such
candidate or committee which is required to file or which agrees to file
such statements by such electronic reporting process;
(e) cause all information contained in such a statement filed with the
state board of elections which is not on such electronic reporting
system to be entered into such system as soon as practicable but in no
event later than ten business days after its receipt by the state board
of elections; and
(f) make all data from electronic reporting process available at all
times on the internet.
10. establish rules allowing the admission of news media
representatives to the area of the polling place where the canvass of
ballots cast can be directly observed;
11. recommend such legislation or administrative measures as it finds
appropriate to promote fair, honest and efficiently administered
elections, including, but not limited to, legislation to adjust the
contribution limitations set forth in article fourteen of this chapter;
12. monitor the adequacy and effectiveness of the election laws and
report thereon at least annually to the governor and the legislature;
13. compile the information required with respect to the operation of
the National Voter Registration Act and report such information annually
to the governor, the legislature and the Federal Election Commission
together with an assessment of the operation of such act and any
recommendations for changes and improvements.
14. take all appropriate steps to encourage the broadest possible
voter participation in elections including the administration of a
program of registration form distribution by participating state
agencies as prescribed by section 5-211 of this chapter;
15. receive from the secretary of the senate and the clerk of the
assembly a list of the mailing addresses of senators and members of the
assembly. When members of the public, government officials, or agencies
request the mailing addresses of senators and members of the assembly,
the mailing addresses submitted to the board by the secretary of the
senate and the clerk of the assembly shall be provided;
16. administer the administrative complaint procedure as provided for
in section 3-105 of this article;
16-a. provide the department of corrections and community supervision
with a sufficient number of voter registration forms to allow the
department of corrections and community supervision to comply with the
duty to provide such voter registration forms to persons upon the
expiration of their maximum sentence of imprisonment. Such voter
registration forms shall be addressed to the state board of elections.
16-b. Develop and implement a program to educate attorneys, judges,
election officials, corrections officials, including parole and
probation officers, and members of the public regarding the requirements
of the chapter of the laws of two thousand twenty-one which added this
subdivision.
17. perform such other acts as may be necessary to carry out the
purposes of this chapter.
18. promulgate rules and regulations to provide for the ability of
individuals who do not exclusively identify as a binary gender to run
for positions elected in gendered contests which respect the
individuals' gender identity. In no case shall the board of elections
promulgate rules that are inconsistent with a system that requires
individuals filing for candidacy to self-identify their gender marker as
"M", "F", or "X", requires all candidates to run in a single race, and
maintains requirements for gender diversity.
Computerized record keeping; sharing information in database.
1. The state board of elections shall promulgate rules and regulations
setting minimum standards for computerized record keeping systems
maintained by county boards of elections. Such standards shall include,
but not be limited to system access and security, the format and content
of the data to be recorded and stored on such systems, and the minimum
technical specifications for computer programming. Such standards shall
be for the purpose of facilitating compatibility between the systems
used by the several boards of elections.
2. The state board of elections, in accordance with subdivision four
of section 3-100 of this title, shall enter into an agreement with the
commissioner of motor vehicles whereby the department of motor vehicles
will provide the state board of elections information to assist local
boards of elections to verify a voter's identity pursuant to the federal
Help America Vote Act of 2002.
3. The commissioner of motor vehicles shall enter into an agreement
with the federal commissioner of social security whereby the social
security administration will provide the commissioner of motor vehicles
information to allow local boards of elections to verify a voter's
identity pursuant to the federal Help America Vote Act of 2002.
4. In addition, the state board of elections, in accordance with
subdivision four of section 3-100 of this title, shall enter into an
agreement with other agencies within the state that have information
relevant to the verification of a voter's identity whereby such agencies
will provide the state board of elections information to assist local
boards of elections to verify a voter's identity pursuant to the federal
Help America Vote Act of 2002.
5. The information transmitted between the statewide voter
registration list and other databases, as provided for in this section,
shall be limited to the information which is contained in a voter
registration application and is necessary to verify a voter's identity.
The information contained in the statewide voter registration list shall
not be used for non-election purposes.
State board of elections; enforcement powers.
1. (a) There shall be a unit known as the division of election law
enforcement established within the state board of elections. The head of
such unit shall be the chief enforcement counsel.
(b) The state board of elections shall have jurisdiction of, and be
responsible for, the execution and enforcement of the provisions of
article fourteen of this chapter and other statutes governing campaigns,
elections and related procedures; provided however that the chief
enforcement counsel shall have sole authority within the state board of
elections to investigate on his or her own initiative or upon complaint
alleged violations of such statutes and all complaints alleging
violations shall be forwarded to the division of election law
enforcement.
2. (a) Whenever a local board of elections shall determine, on its own
initiative or upon complaint, or otherwise, that there is substantial
reason to believe a violation of this chapter or any code or regulation
promulgated thereunder has been committed by a candidate or political
committee or other person or entity that files statements required by
article fourteen of this chapter solely with such local board, it shall
expeditiously make an investigation which shall also include
investigation of reports and statements made or failed to be made by the
complainant and any political committee supporting his candidacy if the
complainant is a candidate or, if the complaint was made by an officer
or member of a political committee, of reports and statements made or
failed to be made by such political committee and any candidates
supported by it. The local board shall report the results of its
investigation to the division of election law enforcement chief
enforcement counsel within ninety days of the start of such
investigation. The chief enforcement counsel may direct the local board
of elections at any time to suspend its investigation so that the
division of election law enforcement can investigate the matter.
(b) The chief enforcement counsel may request, and shall receive, the
assistance of the state police in any investigation it shall conduct.
3. Upon receipt of a complaint and supporting information alleging any
violation of this chapter, or upon his or her own initiative, the chief
enforcement counsel shall determine if an investigation should be
undertaken. The chief enforcement counsel shall, if necessary, obtain
additional information from the complainant or from other sources to
assist such counsel in making this determination. Such analysis shall
include the following: first, whether the allegations, if true, would
constitute a violation of this chapter and, second, whether the
allegations are supported by credible evidence. The chief enforcement
counsel may at any time ask that the board authorize him or her to
exercise the powers which the board is otherwise authorized to exercise
pursuant to subdivisions five and six of section 3-102 of this title.
The board shall vote on whether to grant or refuse to grant such
authority no later than twenty days after the chief enforcement counsel
makes such request. For purposes of considering and voting on such
request, the chief enforcement counsel shall be entitled to participate
in all matters related thereto and shall vote on the board's granting or
refusal to grant such request only when there is a tie. Should the board
not vote on such request within twenty days of its submission, or grant
the chief enforcement counsel's request, the chief enforcement counsel
shall be so empowered to act pursuant to subdivisions five and six of
section 3-102 of this title.
4. If the chief enforcement counsel determines that the allegations,
if true, would not constitute a violation of this chapter or that the
allegations are not supported by credible evidence, he or she shall
issue a letter forthwith to the complainant dismissing the complaint and
notice to the board.
5. (a) If, an individual has failed to cure pursuant to section
3-104-a of this title, or the chief enforcement counsel determines that
substantial reason exists to believe that a person, acting as or on
behalf of a candidate or political committee under circumstances
evincing an intent to violate such law that does not otherwise warrant
criminal prosecution, or has unlawfully violated any provision of this
chapter, the board shall assign a hearing officer, randomly from a list
of prospective hearing officers each of whom shall have been approved by
a majority vote of the board. The chief enforcement counsel shall
provide a written report to such hearing officer as to: (1) whether
substantial reason exists to believe a violation of this chapter has
occurred and, if so, the nature of the violation and any applicable
penalty, based on the nature of the violation; (2) whether the matter
should be resolved extra-judicially; and (3) whether a special
proceeding should be commenced in the supreme court to recover a civil
penalty. The hearing officer shall make findings of fact and conclusions
of law based on a preponderance of the evidence as to whether a
violation has been established and, if so, who is guilty of such
violation on notice to and with an opportunity for the individual or
entity accused of any violations to be heard. However, if the hearing
officer finds that on balance, the equities favor a dismissal of the
complaint, the hearing officer shall dismiss the charges. In determining
whether the equities favor a dismissal, the hearing officer shall
consider the following factors: (1) whether the complaint alleges a de
minimis violation of article fourteen of this chapter; (2) whether the
subject of the complaint has made a good faith effort to correct the
violation; and (3) whether the subject of the complaint has a history of
similar violations. For purposes of making any such findings under this
subdivision, proceedings before the hearing officer shall be governed by
article three of the state administrative procedure act. The chief
enforcement counsel shall adopt the report of the hearing officer and
may, in his or her discretion, commence a special proceeding in the
supreme court pursuant to sections 16-100, 16-114 and 16-116 of this
chapter should the findings of fact and conclusions of law support the
commencement of such proceeding or enter into an agreement to settle
such matter with the subject of the complaint. In the event the chief
enforcement counsel commences a special proceeding, the court shall
afford the subject of the compliant an opportunity to be heard and shall
be empowered to accept, reject or modify the findings of fact and
conclusions of law made by the hearing officer. If the board fails to
produce a list of eligible hearing officers, the chief enforcement
counsel may commence a special proceeding as provided herein in
accordance with recommendations made in his or her report.
(b) If the chief enforcement counsel determines that reasonable cause
exists to believe a violation warranting criminal prosecution has taken
place, the chief enforcement counsel shall present such findings to the
board. Within thirty days of such submission, the board shall vote on
whether to accept or reject such findings. For purposes of voting on
acceptance or rejection of findings by the chief enforcement counsel,
the chief enforcement counsel shall be entitled to participate in all
matters related to the review of his or her report and shall vote on its
acceptance or rejection only when there is a tie. Should the board fail
to vote to either accept or reject the findings within thirty days of
submission of such findings, or should the board accept the findings by
the chief enforcement counsel that there is reasonable cause to believe
that a violation warranting criminal prosecution has taken place, the
chief enforcement counsel shall, forthwith, and in any event no later
than seven calendar days of such failure to accept or reject the
findings by the board, refer such matter to the attorney general or
district attorney with jurisdiction over such matter to commence a
criminal action as such term is defined in the criminal procedure law.
6. Upon notification that a special proceeding has been commenced by a
party other than the state board of elections, pursuant to section
16-114 of this chapter, the chief enforcement counsel shall investigate
the alleged violations unless otherwise directed by the court.
7. The chief enforcement counsel shall prepare a report to be included
in the annual report of the board to the governor, the state board of
elections and legislature, summarizing the activities of the unit during
the previous year.
8. The state board of elections may promulgate rules and regulations
consistent with law to effectuate the provisions of this section.
Compliance unit; compliance procedures. 1. There shall be
a compliance unit within the board of elections. The compliance unit
shall examine campaign finance statements required to be filed pursuant
to article fourteen of this chapter. If such statements are found to be
deficient, the compliance unit shall notify the person required to file
such statement of such deficiency. Such notice shall be in writing and
mailed to the last known residence or business address of such person by
certified mail, return receipt requested, or mailed to such address by
first class mail if an affidavit attesting to such mailing is created to
evidence such mailing. If the person required to file such statement is
a treasurer who has stated that the committee has been authorized by one
or more candidates, a copy of such notice shall be sent to each
candidate by first class mail.
2. Upon a failure to remedy the deficiencies identified by the
compliance unit within thirty days of the receipt of such notice the
chief enforcement counsel may proceed pursuant to subdivision five of
section 3-104 of this title. If such notice is received within thirty
days of an election, failure to remedy the deficiencies identified
within seven days of the receipt of such notice the chief enforcement
counsel may proceed pursuant to subdivision five of section 3-104 of
this title.
Administrative complaint procedure. 1. The state board of
elections shall establish and maintain a uniform, nondiscriminatory
administrative complaint procedure pursuant to which any person who
believes that there is a violation (including a violation which has
occurred or is occurring or is about to occur) of any provision of title
three of the federal Help America Vote Act of 2002 (HAVA), may file a
complaint.
2. Initially, any such complaint may be made orally, in person or by
telephone, or in writing. Such complaints may be made to the state board
of elections or with any local board of elections. A toll-free number
shall be made available therefor for telephone calls to the state board
of elections. Complaints shall be addressed by election officials
expediently and informally whenever possible.
3. All formal complaints shall be filed with the state board of
elections. All formal complaints shall be written, signed and sworn by
the complainant. The complainant shall use a complaint form promulgated
by the state board of elections. The state board of elections or a local
board of elections shall assist any person with a disability who
requests assistance to file a complaint. Complaints raising similar
questions of law and/or fact may be consolidated by the state board of
elections.
4. Upon the written request of the complainant, there shall be a
hearing on the record, unless prior to the hearing, the state board of
elections, in accordance with subdivision four of section 3-100 of this
article, sustains the formal complaint as being uncontested. Any party
to the hearing may purchase a transcript of such hearing.
5. The evidentiary standard applied to all formal complaints shall be
a preponderance of the evidence.
6. Hearings shall be conducted by a panel of two commissioners of the
state board of elections of opposite parties or senior staff members of
opposite parties as selected by the commissioners of that party. If the
panel does not agree to sustain the complaint, the formal complaint
shall be deemed dismissed and shall constitute the determination of the
panel.
7. The determination of the hearing panel will be final unless changed
by the state board of elections pursuant to subdivision four of section
3-100 of this article, within ninety days of the filing of the formal
complaint. A final determination shall be filed and published by the
state board of elections within ninety days after the filing of the
formal complaint, unless the complainant agrees to a longer period of
time. When a violation has been found, the final determination shall
include an appropriate remedy for any violation of Title III of the Help
America Vote Act of 2002 (HAVA) found by the state board of elections. A
final determination dismissing a formal complaint may be filed by any
one member of the hearing panel.
8. Whenever a final determination of a formal complaint is not made
within ninety days, or any other longer agreed upon time period, the
state board of elections shall refer the formal complaint to an
independent, alternative dispute resolution agency. Such hearings and
determinations shall be conducted by the alternative dispute resolution
agency pursuant to regulations promulgated by the state board of
elections pursuant to subdivision four of section 3-100 of this article.
Such agency shall have sixty days, from the expiration of the original
ninety day time period, or any other longer agreed upon time period, to
make a final determination. The state board of elections shall contract,
pursuant to subdivision four of section 3-100 of this article with one
or more such alternative dispute resolution entities for this specific
purpose.
9. No provision of this section shall be construed to impair or
supersede the right of an aggrieved party to seek a judicial remedy
including a judicial remedy concerning any final determination made
pursuant to subdivision eight of this section. The state board of
elections shall provide notice to all complainants of the provisions of
this subdivision.
Fair campaign code. 1. In addition to the powers and duties
elsewhere enumerated in this article, the state board of elections,
after public hearings, shall adopt a "fair campaign code" setting forth
ethical standards of conduct for persons, political parties and
committees engaged in election campaigns including, but not limited to,
specific prohibitions against practices of political espionage and other
political practices involving subversion of the political parties and
process.
2. Copies of such code shall be sent to each candidate, political
party or political committee, upon request, by the board of elections
with which such candidate, party or committee is required to file
statements of campaign financial disclosure pursuant to article fourteen
of this chapter.
3. The state board of elections, on its own initiative, or upon
complaint or otherwise, may investigate any alleged violation of the
fair campaign code and, in appropriate cases, may apply for an order, as
provided in this article.
4. In addition to any other civil or criminal penalty which may be
provided for by law, the state board may impose a civil penalty, not to
exceed one thousand dollars, upon any person found by the board, after a
hearing, to have violated any of the provisions of such code.
5. Any such finding by the board may only be had after a hearing
conducted by it upon reasonable written notice, as the board may
determine, to such person and affording such person a reasonable
opportunity to be heard and present and examine witnesses thereat.
Powers and duties of the state board of elections respecting
elections and crimes against the elective franchise. Authority is hereby
conferred upon the state board of elections to appoint a special
investigator to take charge of the investigation of cases arising under
the election law, and to appoint such additional special investigators
and employees as it may deem necessary, and fix their compensation,
within the limits of appropriation available therefor, and assign them
to any election district or districts for the purpose of enforcing the
provisions of the election law. Moneys appropriated for carrying out the
provisions of this section shall be paid out of the state treasury on
the audit and warrant of the comptroller upon the certificate of the
state board.
Such special investigators shall, when directed by the state board of
elections, investigate qualifications of persons to register or vote and
violations of the election law. Any such special investigator may:
1. Visit and inspect any house, dwelling, building, inn, lodginghouse,
boarding-house, rooming-house, or hotel and interrogate any incarcerated
individual, house-dweller, keeper, caretaker, owner, proprietor or
landlord thereof or therein, as to any person or persons residing or
claiming to reside therein or thereat.
2. Inspect and copy any books, records, papers or documents relating
to or affecting the election or the registration of voters, or require
the board or officer in charge thereof to furnish a copy of any such
record, paper or document without charge.
3. Require any lodging-house, boarding-house or rooming-house keeper,
landlord or proprietor to exhibit his register of the lodgers therein at
any time to such special investigator.
4. Procure warrants of arrest and cause to be taken into custody the
person or persons named in such process.
5. Go within the guard-rail at any polling place at any election.
Any such special investigator also shall have all of the powers of a
peace officer as set forth in section 2.20 of the criminal procedure
law, for the purpose of enforcing the provisions of this chapter.
Any person who neglects or refuses to furnish any information required
by the election law or authorized herein, or to exhibit records, papers
or documents herein authorized to be inspected or which are required to
be exhibited, shall be guilty of a misdemeanor.
The state board or any of its special investigators shall have power
to issue subpoenas or subpoenas duces tecum, administer oaths and
examine witnesses under oath, for the purpose of investigating any
matter within the jurisdiction herein prescribed for the purpose of
aiding the state board in enforcing the provisions of the election law.
Such subpoenas shall be issued in the name of the state board of
elections. Such subpoenas may be served by any special investigator or
by any police officer or peace officer who is acting pursuant to his
special duties.
Any person who shall omit, neglect or refuse to obey a subpoena
attested in the name of the state board of elections or who shall refuse
to testify under or in pursuance thereof shall be guilty of a
misdemeanor.
Any such special investigator may call upon any member of the police,
sheriff, deputy sheriff, constable or other public officer, or any
person, to assist him in carrying out the provisions of this section.
Any such officer or person who shall fail to render the assistance so
demanded or who shall wilfully hinder or delay such special investigator
in the exercise of any power or the performance of any duty shall be
guilty of a misdemeanor.
Disaster; additional day for voting. 1. A county board of
elections, or the state board of elections with respect to an election
conducted in a district in the jurisdiction of more than one county
board of elections, may determine that, as the direct consequence of a
fire, earthquake, tornado, explosion, power failure, act of sabotage,
enemy attack or other disaster, less than twenty-five per centum of the
registered voters of any city, town or village, or if the city of New
York, or any county therein, actually voted in any general election.
Such a determination by a county board of elections shall be subject to
approval by the state board of elections. If the state board of
elections makes such a determination, it shall notify the board of
elections having jurisdiction in that county that an additional day of
election shall be held, which notice shall show: the nature of the
disaster; the county, city, town or village affected thereby; the number
of persons duly registered to vote therein at such general election; and
the number of persons who voted therein at such general election.
2. The county board of elections shall thereafter set a date for an
additional day for voting in the county, city, town or village affected
by the statement, which shall not be more than twenty days after the
original date of the general election and shall determine the hours
during which the polls shall remain open on such additional day for
voting; provided, however, that in any event the polls shall remain open
for not less than eleven hours. The county board of elections shall
publish notice thereof not less than twice in each week preceding the
date for the additional day for voting, in newspapers as designated in
this chapter, and shall notify all registered voters by mail. Such
notice shall also direct attention to any change of polling places and
shall contain such other and additional information as in the judgment
of the board of elections shall be necessary and proper.
3. Official ballots shall be provided at public expense at each
polling place for such additional day of election. In any election
district in which voting machines were used upon the original day of
voting, they shall be used for the additional day for voting. The
original seal on such machines shall not be removed nor shall the
machines be unlocked until the opening of the polls on the additional
day for voting and the board of elections shall provide an additional
seal to be used as soon as the polls are closed on such day.
4. Only those persons duly registered to vote upon the original date
of the general election who did not vote on such date shall be entitled
to vote on the additional day for voting. Voting on the additional day
provided for in this section shall be accomplished solely by physically
appearing at the polling place and nothing contained in this section
shall be construed to extend the time set by law for casting or
canvassing a military, early mail, absentee or special presidential
ballot; provided, however, that nothing contained herein shall be deemed
to invalidate any early mail, absentee, military or special presidential
ballot duly received on the original date of the general election.
5. A county board of elections, or the state board of elections with
respect to an election conducted in a political subdivision in the
jurisdiction of more than one county board of elections, may determine
that, as the direct consequence of a fire, earthquake, tornado,
explosion, power failure, act of sabotage, enemy attack or other
disaster, the ability to make a filing with respect to any provision of
this chapter was substantially impaired. Upon making such a finding, a
county board of elections, or the state board of elections shall extend
for a reasonable time the period for making such filing. An extension
pursuant to this subdivision granted by a county board of elections
shall be subject to the approval of the state board of elections if such
extension is longer than one business day.
Time allowed employees to vote. 1. If a registered voter does
not have sufficient time outside of his or her scheduled working hours,
within which to vote on any day at which he or she may vote, at any
election, he or she may, without loss of pay for up to two hours, take
off so much working time as will, when added to his or her voting time
outside his or her working hours, enable him or her to vote.
2. If an employee has four consecutive hours either between the
opening of the polls and the beginning of his or her working shift, or
between the end of his or her working shift and the closing of the
polls, he or she shall be deemed to have sufficient time outside his or
her working hours within which to vote. If he or she has less than four
consecutive hours he or she may take off so much working time as will,
when added to his or her voting time outside his or her working hours
enable him or her to vote, but not more than two hours of which shall be
without loss of pay, provided that he or she shall be allowed time off
for voting only at the beginning or end of his or her working shift, as
the employer may designate, unless otherwise mutually agreed.
3. If the employee requires working time off to vote the employee
shall notify his or her employer not more than ten nor less than two
working days before the day of the election that he or she requires time
off to vote in accordance with the provisions of this section.
4. Not less than ten working days before every election, every
employer shall post conspicuously in the place of work where it can be
seen as employees come or go to their place of work, a notice setting
forth the provisions of this section. Such notice shall be kept posted
until the close of the polls on election day.
State board of elections; uniform standards for processing
data requests and duty to send data and information to statewide
database. 1. For the purposes of this section the term "election
authority" shall mean any local government entity primarily responsible
for maintaining the records listed in this section, including, but not
limited to, any county or city board of elections, or any county, city,
town, village, or school district that administers their own elections
or maintain their own voting and election records.
1-a. There is hereby established within the state board of elections
the New York voting and elections database. Such database shall be a
central repository of certain elections and voting data available to the
public from an election authority in the state. The state board of
elections shall collect, host, and maintain in an electronic format
records provided to the state board of elections pursuant to this
section. Such records shall be maintained for at least twelve years.
1-b. The state board of elections, shall promulgate regulations within
one hundred eighty days of the effective date of this section on data
standards for the method of processing and transmitting records required
to be provided pursuant to this section. Such data standards promulgated
by the state board of elections pursuant to this subdivision shall:
(a) be consistent with any relevant standards, guidelines, or guidance
developed by the national institute of standards and technology, the
election assistance commission, or the cybersecurity and infrastructure
security agency; and
(b) apply to every election authority in the state.
2. Upon the certification of election results and the completion of
the voter history file after every election, each election authority
shall, by January first after such election, or within ten business
days, whichever is later, transmit to the state board of elections, if
such election authority is able to maintain the record, copies of: (a)
election results at the election district level for every statewide
election and every election in every political subdivision; (b)
contemporaneous voter registration lists; (c) voter history files; (d)
maps or other documentation of the configuration of districts in any
format or formats as specified by the state board of elections; (e)
tabulations of the number of valid and invalid affidavit ballots, the
reasons for which affidavit ballots were invalid, and the quantity and
disposition of affidavit ballots subject to the cure procedure
prescribed by subdivision three of section 9-209 of this chapter; (f)
tabulations of the number of valid and invalid absentee ballots, the
reasons for which absentee ballots were invalid and the quantity of
absentee ballots invalid for each such reason, and the quantity and
disposition of absentee ballots subject to the cure procedure prescribed
by subdivision three of section 9-209 of this chapter; (g) lists of
election day poll sites and early voting sites and maps or other
documentation of the configuration of districts in any format or formats
as specified by the state board of elections of the election districts
assigned to each election day poll site or early voting site; (h)
adopted districting or redistricting plans for every election in every
political subdivision; and (i) any other publicly available data as
requested by the state board of elections. Nothing in this section shall
be construed to require an election authority to create or otherwise
provide a record it is not capable of collecting. Within sixty days of
receipt of records pursuant to this section, the New York voting and
elections database shall post such records to its public facing website,
provided that individual voter registration records shall not be
published, but only made available to the public upon request pursuant
to subdivision five of section 3-103 of the election law. No cost shall
be charged to access such records.
3. The state board of elections shall provide the attorney general
with access to copies of the non-confidential fields of the statewide
voter database or any similar successor statewide voter registration
database upon request, in a single tabular data file in a common,
machine readable format that can be readily accessed and analyzed.
4. Every six months, the state board of elections shall determine
which election authorities have failed to transmit records to the state
board of elections pursuant to this section and shall publish a list of
such election authorities. Upon publication of the list, an election
authority that failed to transmit records to the state board of
elections pursuant to this section shall have a cure period of ten
business days to come into compliance or provide to the state board of
elections an adequate reason the authority is not capable of
transmitting such records. The state board of elections may determine an
adequate reason for non-compliance pursuant to its rules and
regulations. If after ten business days, the election authority has
taken no action to cure its non-compliance the state board of elections
or the attorney general may file an action against such election
authority to enforce compliance with the requirements of this section.
TITLE 2 Board of Elections
Boards of elections; creation, qualifications of
commissioners, removal. 1. There shall be a board of elections in each
county of the state and in the city of New York for the five counties
thereof.
2. Each board shall consist of two election commissioners, except that
the county legislative body of a county having a population of more than
one hundred and twenty thousand may, by local law, increase the number
of commissioners to four, to be appointed as provided in this title.
Each of the major political parties shall be eligible to recommend
appointment of an equal number of commissioners.
3. In the city of New York the board shall consist of ten
commissioners of election who shall be registered voters in the county
for which they are appointed and they shall be appointed by the city
council of the city of New York. Not more than two commissioners shall
be registered voters of the same county.
4. No person shall be appointed as election commissioner or continue
to hold office who is not a registered voter in the county and not an
enrolled member of the party recommending his appointment, or who holds
any other public office, except that of commissioner of deeds, notary
public, village officer, city or town justice, member of a community
board within the city of New York or trustee or officer of a school
district outside of a city.
6. An election commissioner shall not be a candidate for any elective
office which he would not be entitled to hold under the provisions of
this article, unless he has ceased by resignation or otherwise, to be
commissioner prior to his nomination or designation therefor. Otherwise
such nomination or designation shall be null and void.
7. An election commissioner may be removed from office by the governor
for cause in the same manner as a sheriff. Any vacancy so resulting
shall be filled in a manner prescribed by this article for filling
vacancies.
Election commissioners; term of office. 1. The term of office
of an election commissioner shall be two years beginning January first
of each odd numbered year except that in the city of New York and the
county of Schenectady the term shall be four years beginning on January
first of each alternate odd numbered year. The county legislative body
of any other county may determine that the commissioners of elections
thereafter appointed shall serve for a term of four years. Such
determination may be rescinded by a subsequent action of the county
legislative body which shall take effect at the expiration of the terms
of the commissioners then in office.
2. The local legislative body may, at any time, determine that the
terms of office for commissioners shall be staggered and may make
subsequent appointments so as to provide for staggered terms of office
thereafter.
Election commissioners; appointment. 1. At least thirty days
before the first day of January of any year in which a commissioner of
elections is to be appointed, the chairman or secretary of the
appropriate party county committee shall file a certificate of party
recommendation with the clerk of the appropriate local legislative body.
2. Party recommendations for election commissioner shall be made by
the county committee or by such other committee as the rules of the
party may provide, by a majority of the votes cast at a meeting of the
members of such committee at which a quorum is present. If at any time a
vacancy occurs in the office of any election commissioner other than by
expiration of term of office, party recommendations to fill such vacancy
shall be made by the county committee or by such other committee as the
rules of the party may provide, by a majority of the votes cast at a
meeting of the members of such committee at which a quorum is present.
3. The certificate filed shall be in such form and contain such
information as shall be prescribed by the state board of elections.
4. Commissioners of election shall be appointed by the county
legislative body, or in the city of New York, by the city council.
Provided, however, that if a legislative body shall fail to appoint any
person recommended by a party for appointment as a commissioner pursuant
to this section, within thirty days after the filing of a certificate of
recommendation with such legislative body, then the members of such
legislative body who are members of the political party which filed such
certificate may appoint such person. And further provided, if there are
no members of the legislative body who are members of the political
party which filed such certificate, the appointment shall take effect
upon the expiration of thirty days from the date that the certificate
was filed. If none of the persons named in any of the certificates filed
by a party are so appointed within sixty days after the filing of any
such certificate, then such party may file another certificate within
thirty days after the expiration of any such sixty day period
recommending a different person for such appointment. If a party fails
to file a certificate within the time prescribed by this section, the
members of the legislative body who are members of such party may
appoint any eligible person to such office.
5. If at any time a vacancy occurs in the office of any election
commissioner other than by expiration of term of office, such vacancy
shall be filled as herein provided for the regular appointment of a
commissioner except that a person who fills a vacancy shall hold such
office during the remainder of the term of the commissioner in whose
place he shall serve. Certificates of party recommendation to fill such
vacancy shall be filed not later than forty-five days after the creation
of the vacancy.
Election commissioners; salaries. Each election commissioner
in the same county shall receive an equal salary. The salary shall be an
annual salary to be fixed by the county legislative body except that
each commissioner of elections in the city of New York shall receive the
sum of three hundred dollars for each day's attendance at meetings of
the board or any of its committees, not to exceed thirty thousand
dollars a year.
Election commissioners; certificate of appointment, filing
of. The certificate of appointment of an election commissioner shall be
filed in the office of the clerk of the county where the commissioner
resides and the clerk shall immediately notify the state board of
elections of the appointment.
Boards of elections; organization, proceedings, reports and
records. 1. The election commissioners, at their first meeting after the
first day of January of each year, shall organize as a board, electing
one of their number as president, and one as secretary, and if there is
a deadlock, the members shall draw lots for such places. The president
and secretary shall not belong to the same party.
2. All actions of the board shall require a majority vote of the
commissioners prescribed by law for such board.
3. The records of the board, and all papers and books filed in its
office are public records. Minutes of all meetings shall show how each
commissioner voted upon any resolution or motion. The board shall keep a
record of its proceedings, of the number of voters registered and
enrolled with each party for that year in each political subdivision or
part thereof, data relating to the expenses connected with registration,
enrollments and elections within the county or city and such other
information relating to elections as this chapter or the state board of
elections may prescribe.
4. (a) Each board of elections shall make an annual report of its
affairs and proceedings to its local legislative body once every twelve
months and no later than the last day of January in any year. A copy of
said annual report shall be filed with the state board of elections.
(b) Said annual report, as required by paragraph (a) of this
subdivision, shall include a detailed description of existing programs
designed to enhance voter registration. Such report shall include a
voter registration action plan which details the various activities and
programs of each board, including a description of those steps which
shall be taken in the future to increase registration opportunities,
especially for those identifiable groups of persons historically
underrepresented on the rolls of registered voters; and coordinate voter
education programs with school districts, colleges and universities
within the board's jurisdiction including voter registration of
qualified applicants and instructional or extracurricular activities
promoting participation in the electoral process.
(1) Each voter registration action plan shall provide for the
designation by the board of a registration activities coordinator. Such
designee shall be responsible for initiating contact with each school
district, college and university within the area served by the board to
request that such school district, college and university designate an
administrative liaison who, together with the registration activities
coordinator, shall plan, prepare and implement voter education and
registration programs to enhance electoral participation. The state
board of elections shall promulgate rules and regulations providing
guidelines for county board of election assistance to school districts,
colleges and universities in the establishment of electoral
participation programs.
(2) Each voter registration action plan shall set forth existing
activities and planned programs designed to insure compliance with the
requirements of subdivision two of section 5-210 of this chapter
regarding the distribution of registration application forms.
(3) The state board of elections shall review the voter registration
action plan submitted by each board of elections and assist in the
development and implementation of local registration outreach services
and activities.
5. The board of elections of the city of New York, upon the
affirmative vote of six commissioners, may adopt rules authorizing a
number of commissioners less than the total membership of the board to
act on behalf of the board on matters required to be performed by boards
of election pursuant to the provisions of this chapter, provided that
such number shall be comprised of commissioners representing equally the
two political parties entitled to representation on the board.
Board of elections; general office and branches, hours. 1.
The board of elections in the city of New York shall maintain an office
in the borough of Manhattan, which shall be the headquarters of such
board, and an office in each borough of the city. Elsewhere, in each
county, the county legislative body shall provide the board of elections
for such county with proper and suitable offices.
2. Any board of elections may establish as many fixed branch offices
as it deems necessary.
3. Each office shall be open at least every business day during usual
business hours, except that each central board office shall be open for
the receipt of papers at least between the hours of nine A.M. and five
P.M. on the last day on which a paper may be filed with it and on such
other days and hours as may be required herein. In each of the two
calendar weeks before each general election, each office shall remain
open on at least two business days until at least seven P.M. and on
Saturdays from not later than nine A.M. until at least noon. In the city
of New York, each office shall also remain open on the Sunday before the
general election from not later than ten A.M. until at least one P.M.
Boards of elections; assistance to, records to be furnished
it. 1. Any law enforcement agency whenever called upon by a board of
elections, shall assist in the investigation of registrations and render
all other practicable assistance in the enforcement of this chapter. The
officer in charge shall detail to the service of the board of elections,
upon its written request, such members or employees of the agency as may
be necessary.
2. Every public officer shall be required to furnish to the board of
elections, without charge, such copies of the official records in his
custody, certified by him, as the board may require and as are
appropriate and necessary for the performance of its duties.
Subpoenas; power to issue by boards of elections. 1. The
board of elections and any of the commissioners thereof may require any
person to appear and attend before the board or a commissioner at an
office of the board and be examined by the board or a commissioner as to
any matter in relation to which the board is charged with a duty under
this chapter, or in relation to violations of the elective franchise,
and subpoenas may issue therefor.
2. When an oath is required or permitted by this chapter, any
commissioner, or an employee of the board designated in writing by it,
may administer such oath.
Records and photostats; preservation and sale. 1. All
registration records, certificates, lists, and inventories referred to
in, or required by, this chapter shall be public records and open to
public inspection under the immediate supervision of the board of
elections or its employees and subject to such reasonable regulations as
such board may impose, provided, however, that a voter's driver's
license number, department of motor vehicle non-driver photo ID number,
social security number and facsimile number shall not be released for
public inspection. No such records shall be handled at any time by any
person other than a member of a registration board or board of
inspectors of elections or board of elections except as provided by
rules imposed by the board of elections.
2. The central file registration records shall be kept in locked
filing cabinets in the office of the board of elections or, in the
appropriate branch offices of the board of elections. Such records shall
be taken from such file and handled only where necessary to make entries
thereon or take other action in connection therewith as required by this
article. The board of elections may cause to be made, photostatic copy
or copies of the registration poll records of registered voters in any
election district and shall cause such photostatic copies to be placed
in one or more ledgers in the same manner and in the same order as the
original registration poll records appear in the ledger or ledgers
containing the registration poll records for such election district.
Such photostatic records shall be open to public inspection, in lieu of
the original registration records.
3. Registration records which have been mutilated or voided or which,
following the refusal of a board taking registrations to permit an
applicant to register, have been marked "Refused" shall be retained by
the board of elections for at least two years. Upon destruction of any
such records the board shall keep a file of the serial numbers of the
records so destroyed. Reports of deaths shall be retained by the board
of elections for two years. In January of each year, the board of
elections may remove from its files and may destroy the check cards of
persons whose registrations were cancelled more than two years
previously.
4. Subsequent to the expiration of ten years after the receipt thereof
or, in the case of registration records, subsequent to the expiration of
two years after cancellation of the registration to which they relate,
the board of elections, in lieu of preserving any of the records as
hereinbefore provided, may preserve photostatic, microphotographic or
photographic film copies thereof, and may destroy the original records
and is authorized to do so in accordance with the provisions of article
thirteen of the state finance law. If the board of elections maintains a
computer readable registration record for each registered voter, which
includes a copy of the entire registration poll record or application
for registration of each such voter, the original poll record or
application for registration may, with the permission of the state board
of elections, be so destroyed subsequent to the expiration of two years
after such copy is entered in the computer readable record. If such
copies in the computer readable record do not include the backs of those
registration poll records which have been used at one or more elections,
then all such poll records which have been used at one or more elections
may, with the permission of the state board of elections, be so
destroyed subsequent to the expiration of two years after such copy is
entered in the computer readable record, or subsequent to the expiration
of four years after the last election at which such poll record was
used, whichever is later.
5. Any such photostatic, microphotographic or photographic film copy
made pursuant to this section or any such computer readable record shall
be deemed to be an original record for all purposes and, when
satisfactorily identified, may be introduced in evidence in any judicial
or administrative proceeding. An enlargement, facsimile or certified
copy thereof shall, for all purposes, be deemed to be an enlargement,
facsimile or certified copy of the original record and may likewise be
introduced in evidence if the film copy or the computer readable record
is in existence and available for inspection under direction of the
court or administrative agency. The introduction in evidence of a film
copy or a copy of a computer readable record, or an enlargement,
facsimile or certified copy thereof, shall not preclude introduction of
the original record.
6. All petitions, certificates, objections or papers filed or
deposited with a board or officer before an election or primary and
relating to designations or nominations, and all registers, books,
statements, returns or papers so filed or deposited after registration,
enrollment, election or primary at which they were used or to which they
relate, not including, however, the voted, unused, protested, void or
wholly blank ballots, shall be preserved by such board or officer for at
least two years after the receipt thereof and until the determination of
any action or proceeding touching the same or in which they are ordered
to be preserved pending the action or proceeding and at the expiration
of such time they may be either destroyed or sold. Lists of registered
voters with computer generated facsimile signatures used in lieu of
registration poll records at any election shall be preserved until the
end of the second calendar year after the year of such election. In all
jurisdictions, the original statements of results made by the state
board of canvassers or a county or city board of canvassers and any
original record specifying the name of a person declared to have been
elected to a public office shall not be destroyed or sold but shall be
preserved, as part of the records of such board or officer, until
otherwise provided by law.
6-a. During the period prescribed by subdivision six of this section,
no petition shall be removed from the office of the board of elections
for copying or any other purpose except while in the custody, or under
the supervision of a member or employee of such board or pursuant to
court order.
7. Upon the sale of any property authorized by this section to be
destroyed or sold, the proceeds shall be paid over as follows: If sold
by the board of elections, the proceeds shall be paid into the county
treasury, or, in the city of New York, into the city treasury. If sold
by the clerk of a city, town or village, the proceeds shall be paid to
its fiscal officer for its benefit. Proceeds of the sale of any such
property in the office of the state board of elections shall be paid
over as provided by law with respect to other state moneys in the hands
of a state officer.
8. Where a board of elections receives a notification pursuant to
paragraph (c) of subdivision two of section eight hundred fifty-nine of
the judiciary law, such board of elections shall comply with such
notification, except that where the notification requires the board of
elections to cease making a person's address public, such board shall
not comply therewith from the date of filing of any ballot access or
related document containing such address until thirty days after the
last day to commence a special proceeding or action with respect to such
filing.
Preservation of ballots and records of voting machines. 1.
Except as hereinafter provided, removable memory cards or other similar
electronic media shall remain sealed against reuse until such time as
the information stored on such media has been preserved in a manner
consistent with procedures developed and distributed by the state board
of elections. Provided, however, that the information stored on such
electronic media and all the data and figures therein may be examined
upon the order of any court or judge of competent jurisdiction or may be
examined at the direction of a committee of the senate or assembly to
investigate and report upon contested elections of members of the
legislature voted for by the use of voting machines utilizing such
electronic media and such data and such figures examined by such
committee in the presence of the officer having the custody of voting
machines and electronic media.
2. Voted ballots shall be preserved for two years after such election
and the packages thereof may be opened and the contents examined only
upon order of a court or judge of competent jurisdiction, or by
direction of such committee of the senate and assembly if the ballots
relate to the election under investigation by such committee, and at the
expiration of such time, such ballots may be disposed of at the
discretion of the officer or board having charge of them.
3. Except as hereinafter provided, packages of protested, void and
wholly blank ballots, open packages of unused ballots and all early
mail, absentee and military, special federal, special presidential and
emergency ballots and ballot envelopes, if any, opened or unopened,
shall be preserved for two years after the election. Sealed packages of
unused ballots shall be retained for four months, and may then be
destroyed, provided a certificate articulating the election district
identifying data and numbers of such ballots is filed with the balance
of ballots described in this section, for the balance of the two year
retention period. Except as hereinafter provided, boxes containing voted
paper ballots, if any shall be preserved inviolate for four months after
the election, or until one month before the next election occurring
within five months after a preceding election if such boxes are needed
for use at such next election and if the officer or board in charge of
such voted paper ballots is required by law to furnish ballot boxes
therefor. Provided, however, that such ballot boxes and such packages
may be opened, and their contents and the early mail, absentee and
military, special federal, special presidential and emergency ballots
and ballot envelopes may be examined, upon the order of any court or
justice of competent jurisdiction. Boxes and envelopes containing early
mail, absentee, military and emergency ballots voted at a general or
special election, for the office of member of the senate or assembly,
packages of void, protested and wholly blank ballots, unopened early
mail, absentee and military ballot envelopes and the packages of unused
ballots, in connection with such election, also may be opened, and their
contents and such envelopes also may be examined, by direction of a
committee of the senate or assembly to investigate and report on
contested elections of members of the legislature. Unless otherwise
ordered or directed by such a court, justice or committee, such boxes
shall be opened and their contents and such packages and the envelopes
containing voted ballots and ballot envelopes shall be destroyed, at the
expiration of the period during which they are required by the
provisions of this section to be preserved, except that instead of being
destroyed, they may be sold and the proceeds paid over in the manner
provided with respect to the sale of books, records and papers
pertaining to an election.
4. All records and documents pertaining to ballot label programming
and ballot label programming data for any election for any voting
machine of a type approved after September first, nineteen hundred
eighty-six and all records pertaining to the periodic maintenance
testing of any such programming and programming data or the testing of
any such machine in connection with any such election shall be preserved
for two years after such election.
Voting machines; use of by other than the board of elections.
The board of elections may permit towns, villages, school districts,
fire, ambulance, water, sanitation, police and other special districts
within the county to use voting machines and other equipment owned by it
and used for the conduct of elections or for educational and
instructional purposes, upon such rental and other terms and conditions
as shall be fixed by it. Such board may similarly permit the use of such
machines by associations and organizations for the conduct of elections
where it judges the use of such machines for elections conducted by such
associations and organizations will be in the public interest.
Boards of elections; ownership, care, custody and control of
voting machines. 1. Boards of elections shall direct the purchase,
acquisition or lease of voting machines, of a kind authorized by law,
which shall be selected by such board provided, however, nothing in this
section shall preclude the state board of elections from distributing
voting machines to boards of elections without charge. All voting
machines, and appliances and equipment relating to or used in the
conduct of elections shall be in the care, custody and control of the
board of elections. Such board shall cause all necessary repairs and
maintenance to be made and employ such help as may be necessary in
making such repairs and in moving, setting up and caring for all
election materials, equipment and appliances, including voting machines.
All supplies, equipment or election appliances to be used or furnished
by such board shall be purchased by such board. All expenses of such
board of elections shall be certified, audited and paid as are other
claims against the county, or in the case of the city of New York, by
such city, and all expenses connected with elections and matters
preliminary relating thereto, including compensation of inspectors and
clerks of election, shall be a county charge, except, at the option of
the county, all or any part of the type of expenses connected with
elections and matters preliminary or relating thereto that were
previously incurred by towns and cities, may be apportioned pursuant to
this chapter to a city or town.
2. The board of elections shall publish or post, as the case may be,
all notices, lists and other materials relating to elections to which
this section applies, and which are required by law to be published or
posted in the county, or a political subdivision therein, except
publications made by the state board of elections and village clerks.
3. Lists of persons recommended to serve as inspectors of election and
poll clerks shall be filed by the chairperson of the county committees
of the political parties entitled to representation on the board of
elections.
TITLE 3 Election Personnel
Board employees; appointment. Every board of elections shall
appoint, and at its pleasure remove, clerks, voting machine technicians,
custodians and other employees, fix their number, prescribe their
duties, fix their titles and rank and establish their salaries within
the amounts appropriated therefor by the local legislative body and
shall secure in the appointment of employees of the board of elections
equal representation of the major political parties. Every commissioner
in each board of elections except for commissioners of the board of
elections of the city of New York, may approve and at pleasure remove a
deputy, establish his title and prescribe his duties. In the city of New
York, the board of elections shall appoint an executive director and a
deputy executive director whose duties it shall be to supervise the
operations of the board of elections under the supervision of such
board.
Voting machine technicians and custodians; appointment,
duties. 1. The board of elections shall appoint as many voting machine
technicians and voting machine custodians as shall be necessary for the
proper preparation and repair of voting machines. Voting machine
technicians may be full time employees of the board of elections and may
also serve as voting machine custodians as hereinafter provided. No
person shall be appointed as a voting machine technician or voting
machine custodian who is a candidate for any public office to be voted
for by the voters of the district in which he is to serve.
2. The voting machine technicians shall, under the direction of the
board of elections supervise the preparation of the voting machines.
They shall inspect voting machines to insure that they are in proper
repair and working order and shall notify the board of elections and the
appropriate town or city clerk of the repairs found to be needed on any
machine. They shall have the authority to recommend the rejection of a
machine to the board of elections as not in suitable mechanical
condition for use in an election. They shall perform all other duties as
required by the board of elections.
3. The board of elections shall, before the fifteenth day of January
of each year, appoint as many custodians of voting machines as may be
necessary for the proper preparation of the machines. The custodian
shall, under the direction of the board of elections, have charge of and
represent the board of elections during the preparation of the voting
machines and serve at the pleasure of the board of elections.
4. The board of elections shall as often as necessary provide a course
of training and education on the preparation, use, maintenance and
repair of the voting machine. Attendance at such course shall be
required of all voting machine technicians who have not previously
completed such a course satisfactorily.
5. Any person who fails to satisfactorily complete such a course shall
not be permitted to serve as a voting machine technician.
6. Voting machine custodians shall be paid for their services an
amount fixed by the board of elections, which amount shall, however, be
approved by the legislative body of the county and shall be payable by
the county, or in the case of the city of New York, payable by such
city.
7. Salaries of voting machine technicians shall be fixed by the board
of elections as provided herein and provided further that the salaries
for each technician may vary dependent on the number of machines to be
serviced, other duties assigned and such other factors as the board may
consider relevant.
Board employees; conflicts of interest. 1. No board of
elections employee shall engage in or participate in any trade or
business which creates, or may tend to create, an actual or potential
conflict of interest. No board of elections employee shall maintain a
direct financial interest in or be employed by a vendor or a company
providing services to a candidate who has an election overseen by such
employee's office, including but not limited to, printing companies,
election consulting companies, direct mail companies and digital
marketing companies. No board of elections employee shall maintain a
direct financial interest in or be employed by a vendor or company that
sells to the board voting machines, electronic poll books, printers or
other technical or electronic equipment. A violation of any of the
provisions of this subdivision shall be cause for discipline by the
board of elections, including removal of the board of elections
employee.
2. No board of elections employee shall remain on the board of
elections payroll while also a candidate for an office who has an
election overseen by the board at which they are employed, without prior
authorization by a majority vote of the board of elections commissioners
and in accordance with the rules and regulations of the state board.
(a) The state board shall promulgate rules and regulations relating to
the circumstances that may permit a board of elections to authorize an
employee who is also a candidate for an office who has an election
overseen by the board at which they are employed to remain employed,
provided that such employee be restricted from working on matters
directly related to the election in the jurisdiction in which the
employee is a candidate and any other restrictions set forth by state
board rules and regulations.
(b) For the purposes of this article, a board of elections employee
shall be deemed a candidate for elective office upon the filing of a
designating or nominating petition for such office or, where nominations
for such office are made other than by petition, upon acceptance of a
nomination. Such employee may remain in "leave without pay" status until
such time as their candidacy shall cease, or upon the day following the
certification of election results for such office, whichever comes
first.
(c) Notwithstanding the provisions of this section, when there are no
primary elections for the office being sought by a candidate that is
employed by the board of elections, that candidate may remain on the
board of elections payroll for no more than ninety days prior to a
general election.
(d) The provisions of this subdivision shall not apply to unpaid party
positions.
3. It shall not be considered a conflict of interest for a board of
elections employee who is a member of a county committee as defined in
section 2-104 of this chapter, a district leader as outlined in section
2-110 of this chapter, a member of the state committee as described in
section 2-102 of this chapter, a delegate or an alternate delegate to
judicial district nominating conventions as described in section 6-124
of this chapter, or a delegate or an alternate delegate to national
party conventions as described in section 2-122 of this chapter who, as
part of their duties in said party position, endorses or supports a
candidate for a party position or public office.
TITLE 4 Election Inspectors and Poll Clerks
Election inspectors and poll clerks; provision for. 1. There
shall be for each election district of the state four election
inspectors.
2. At every general election in each election district where two
voting machines are used, there shall be two clerks in addition to the
four inspectors of election, except that in an election district located
in a town, where one voting machine is used, the town board may direct
the board of elections to appoint not more than two clerks in such
district if in the discretion of such board the service of such clerk or
clerks is reasonably necessary for the proper conduct of the election.
In each election district where paper ballots, in addition to one voting
machine, are used at a general election, there shall be two clerks in
addition to the four inspectors of election. In each election district
where paper ballots, in addition to more than one voting machine are
used at a general election there shall be four clerks in addition to the
four inspectors. The duties of such clerks shall be such as shall be
prescribed by the board of elections and they shall serve at the general
election only. When deemed necessary in any election or primary, the
board of election may require additional poll clerks to be designated in
any election district.
3. Appointments to the offices of election inspector or poll clerk in
each election district, shall be equally divided between the major
political parties.
4. Before entering on their duties, the election inspectors of each
election district outside the city of New York shall appoint one of
their number chairman, to serve as such during his term of office. If a
majority shall not agree upon such an appointment, they shall draw lots
for that position.
5. In the city of New York in each odd numbered election district a
chairman shall be designated who shall be an inspector named by the
political party which polled the highest number of votes for governor at
the last preceding election for such officer and in each even numbered
election district a chairman shall be designated who shall be an
inspector named by the political party which polled the second highest
number of votes for governor at the last preceding election for such
officer.
6. No person shall be certified or act as an election inspector or
poll clerk who is not a registered voter (unless such person is duly
qualified under subdivision eight of this section) and a resident of the
county in which he or she serves, or within the city of New York, of
such city, who holds any elective public office, or who is a candidate
for any public office to be voted for by the voters of the district in
which he or she is to serve, or the spouse, parent, or child of such a
candidate, or who is not able to speak and read the English language and
write it legibly.
7. The board of elections may employ election inspectors or poll
clerks to work split shifts with adjusted compensation, provided,
however, that at least one election inspector and one poll clerk from
each of the two major political parties is present at the poll site for
the entire time that the polls are open. Each county board of elections
shall prescribe the necessary rules and procedures to ensure proper poll
site operation.
8. A person seventeen years of age who is enrolled in a school
district and fulfilling the requirements of section thirty-two hundred
seven-a of the education law shall be eligible to be appointed as, and
to perform the duties of, an election inspector or poll clerk as
provided in this chapter.
9. Notwithstanding any inconsistent provisions of this article,
election inspectors or poll clerks, if any, at polling places for early
voting, shall consist of either board of elections employees who shall
be appointed by the commissioners of such board or duly qualified
individuals, appointed in the manner set forth in this section.
Appointments to the offices of election inspector or poll clerk in each
polling place for early voting shall be equally divided between the
major political parties. The board of elections shall assign staff and
provide resources to ensure a voter's wait time to vote at an early
voting site shall not exceed thirty minutes.
Election coordinators; provision for. 1. The board of
elections of each county and in the city of New York, the board of
elections of the city of New York, may, in its discretion, appoint
persons to perform election day duties including directing voters to
their proper polling place, assist election inspectors and poll clerks
in the performance of their duties, and such other duties as may be
assigned to them by the board of elections. Such persons shall be
designated as election coordinators.
2. All election coordinators shall be trained in the manner prescribed
by this article for election inspectors and poll clerks. Election
coordinators shall be appointed by the board of elections. The
appointment of election coordinators shall be equally divided between
the two major political parties.
3. The board of elections of each county appointing election
coordinators and in the city of New York, the board of elections of the
city of New York, may, in its discretion, prescribe training in addition
to that required by this article.
4. Any county board of elections appointing election coordinators and
in the city of New York, the board of elections of the city of New York,
shall prepare a report detailing assignments and duties to be delegated
to election coordinators. Said report shall be filed with the state
board of elections no later than one month prior to the election at
which election coordinators are to be assigned.
5. No person shall be certified or act as an election coordinator who
is not a registered voter and a resident of the county in which he
serves, or within the city of New York, of such city, who holds any
elective public office, or who is a candidate for any public office to
be voted for by the voters of the district in which he is to serve, or
which is not able to speak and read the English language and write it
legibly.
Election inspectors and poll clerks; authority. 1. Election
inspectors, in performing their duties, shall act as a board and a
majority vote thereof shall be required to decide all questions. If,
however, any inspector or inspectors shall be temporarily absent for a
portion of the meeting, the inspectors present shall have and may
exercise any power or perform any duty conferred or imposed upon a board
of inspectors, provided that they are not all members of the same
political party.
2. Wherever an oath is provided for at any meeting of the board of
inspectors, any inspector may administer it.
3. The board of inspectors, and each member thereof, shall preserve
good order within and around the polling place or place of registration,
and shall keep access thereto unobstructed. The board of inspectors, or
any member thereof, by order in writing may direct the arrest of any
person who refuses to obey the lawful commands of the inspectors or who
is guilty of disorderly conduct disturbing their proceedings or
violating or attempting to violate any of the provisions of this
chapter. Any peace officer, acting pursuant to his special duties, or
police officer shall, when requested by the board or a member thereof,
execute such order forthwith.
4. All election inspectors shall perform their duties as required by
the election law, and in accordance with the directions and instructions
given them by the board of elections.
Election inspectors and poll clerks; designation. 1. The
board of elections of each county shall on or before the fifteenth day
of July of each year select and appoint election inspectors and poll
clerks for each election district therein, and such number of election
coordinators as it determines to be necessary, and may thereafter select
and designate election inspectors, poll clerks and election coordinators
to fill any vacancy for an unexpired term. The term of such designation
shall be for a term ending on the fourteenth day of July of the
following year. If the election districts for a general or special
village election conducted by the board of elections are coterminous
with the election districts established for general elections, such
election inspectors and poll clerks shall also serve at such village
elections. If the election districts for such a village election are not
so coterminous, the board of elections shall select the inspectors and
poll clerks to serve in each such village election district from among
the inspectors and poll clerks appointed, pursuant to the provisions of
this section, for any election district wholly or partly in such
village.
2. Each political party entitled to representation on any board of
elections may, not later than the first day of May in each year, file
with the appropriate board of elections, an original list of persons
recommended to serve. Supplemental lists may be filed at the same time
and at any time before the designation is made and certified or when a
vacancy exists. All designations shall be made first from those named in
the original list filed if those designated are found qualified.
3. Such lists shall be authenticated and filed by the chairman, or,
under his direction by the secretary, of the county committee of the
party, except that in cities other than the city of New York, if there
is a general city committee of such party, such list shall be filed by
the chairman or secretary of such city committee.
4. Appointment of election inspectors, poll clerks and election
coordinators shall be made by boards of elections.
5. If a political party shall fail to submit a list or the list shall
be exhausted, the board of elections shall request from the appropriate
political party an original or supplemental list. If after ten days no
list is filed by that party, the board of elections may appoint
qualified persons, enrolled members of the political party in default,
to act as election inspectors, poll clerks or election coordinators.
6. If election districts are altered or new districts created, the
board of elections shall have the power to transfer election inspectors
and poll clerks in such districts; and if vacancies exist as a result of
such action, those vacancies shall be filled in the manner provided by
this section.
7. Election officers shall be appointed from the lists submitted, by
those members of the board who represent the political party which
submitted such lists. If such list is not furnished, the members of the
board who represent the political party in default, shall designate the
persons to be appointed as election officers.
Election inspectors and poll clerks; additional. 1. Each
board of elections shall establish a list of persons duly qualified to
serve as election inspectors, which list shall be known as the
"Additional Inspector List", in such number of persons as the board
shall determine. Such a list shall be equally divided between the major
political parties. Appointments under this section shall be made in the
manner provided for the appointment of regular election inspectors and
for a like term.
2. Any person serving as an additional inspector of elections may, at
the direction of the board of elections, be assigned to any election
district or transferred from one election district to another after he
has entered upon the performance of his duties on a day of registration
or election.
3. Any person designated to the additional inspectors list shall meet
the requirements for regular election inspectors and may be removed in
the same manner as any election inspector.
4. If the board of elections shall determine that a vacancy exists
upon any board of inspectors or that any election inspector or poll
clerk is absent, and that no qualified voter has been appointed pursuant
to this chapter to act in place of such election inspector or poll
clerk, or to relieve any qualified voter who has been so appointed, it
shall forthwith direct a person appointed pursuant to this section to
act in place of the absent election inspector or poll clerk or qualified
voter so appointed until such absent election inspector or his appointed
successor shall appear; provided, however, that the additional election
inspector so appointed shall be a designee of the same political party
as the election inspector in whose place he shall act. The board of
elections shall provide suitable identification for every additional
election inspector to present to the chairman of the board before
entering upon the duties of such office.
5. Additional inspectors shall be paid by the county in which they
serve in an amount fixed by the board of elections.
Election inspectors and poll clerks; certification. 1.
Before a person designated as an election officer may enter upon his
duties, he must be certified by the board of elections as provided
herein.
2. If an election officer fails to meet the requirements for
certification, the office shall be treated as vacant.
Election inspectors and poll clerks; training. 1. Each board
of elections shall, at least once every year, conduct a mandatory school
for the instruction of election inspectors, poll clerks and election
coordinators. Such instruction may be given in person or online at
various times throughout the year, provided that online instruction
shall be offered over a two week period that includes the date for
in-person instruction. Such training shall be offered no less frequently
than on a quarterly basis. Certain online participants may be required
to supplement online instruction with in-person instruction that
includes the use of voting machines or other matters requiring
specialized training. Written notice shall be given to participants
stating the time and place at which such in-person instruction shall be
held, the option to obtain instruction online with direction on how to
access the online option, and identifying the participants that must
attend in-person instruction in addition to online instruction.
1-a. The state board of elections shall establish a mandatory core
curriculum for poll worker training which includes the requirements in
subdivision two of this section, and the rights of voters at the polls
and obligation of election workers to protect those rights while
maintaining the integrity of the franchise, including assisting voters
with disabilities or with limited or no proficiency in the English
language, handling, processing and entitlement to ballots, including
affidavit and emergency ballots, proper identification requirements,
procedures to be followed with respect to voters whose names are not on
the list of registered voters or whose identities have not been
verified, electioneering and other violations of the elective franchise
as defined in this chapter, solicitation by individuals and groups at
the polling place and procedures to be followed after the polls close.
Each board of elections shall augment the core curriculum with local
procedures not inconsistent with the core curriculum adopted by the
state board of elections and which includes procedures relating to
proper operation of, and remedying problems with, the voting machine or
system in use in that jurisdiction.
1-b. The state board of elections shall establish and host an
education and training institute which shall be responsible for the
development and implementation of a statewide program wherein persons
can become certified poll worker trainers. This institute shall also
create a train-the-trainer program, in order for county boards of
elections to implement an effective training program at their respective
local level of program delivery. The state board's trainers shall
include in the trainer curriculum to be developed, attention to, inter
alia, poll worker ability to serve a diverse electorate with complete
confidence and respect; professionalizing the delivery of all election
day services; providing assistance to voters with disabilities and those
with limited English language proficiency, ensuring the dignity and
privacy of such individuals; and to individuals who are members of
racial or ethnic minorities, complete familiarity and comfort with all
voting systems in use in poll sites, including ballot marking devices or
other systems/services available to voters with disabilities; and poll
worker ability to recognize and resolve a variety of issues which may
arise in poll sites. The state board's trainers and all certified poll
worker instructors shall utilize industry-proven training techniques
aimed at adult learners including role-based training and hands-on
training opportunities using official election day forms and poll site
voting systems and may further include a web-based component and
companion video.
1-c. County boards shall enroll trainers in the program in such
quantities to ensure that an adequate contingent of fully trained and
certified poll worker trainers are available to meet the training needs
of such county. Each county board of elections shall enroll not less
than two persons designated by the county board on a bipartisan basis,
in the state board of elections training institute. Certified trainers
must maintain their certification by attending once every two years, a
continuing education program, to ensure the professionalism of the poll
worker training agenda set by the state board of elections. Enrollees
who have successfully completed the state board's training program and
been awarded a "certified poll worker instructor" certificate may serve
at the county board as a trainer of poll workers as well as a trainer of
other bi-partisan designees of the county board, however the conferring
of the title "certified poll worker instructor" may be made only by the
state board of elections.
1-d. The state board of elections shall adopt such rules and
regulations which may be necessary to create the training institute and
associated curricula provided for in subdivisions one-a, one-b and one-c
of this section, including a process whereby attendees who successfully
complete a state board-sponsored training program shall be awarded a
certificate conferring upon him or her, the title of "certified poll
worker instructor".
2. Election inspectors, poll clerks and election coordinators shall be
instructed concerning, but not limited to, the following topics: the
election law and any relevant statutory updates, the taking of
registrations, the use of voting machines, disability etiquette,
affidavit and emergency voting processes, use of electronic poll books,
providing assistance to voters with limited English language proficiency
and their duties in connection therewith as soon as possible after their
designation.
3. Election inspectors, poll clerks and election coordinators as
required by this section shall, upon their original designation, and
every year thereafter, complete a course of instruction, and, before
certification, pass an examination thereon. Such examination shall be
given both online and in person, provided that those participants whose
instructions include the use of voting machines or other matters
requiring specialized training may be required to pass an examination on
such matters in person. The state board of elections shall supply each
board of elections with instructional material to be used in the
preparation for such examinations and shall give each such board of
elections uniform directions for the conduct of such examinations, which
it shall be the duty of the board to follow. Every such board may
utilize additional materials selected by it in the course of
instruction. No person taking such examination shall be permitted to
know the questions or answers in advance or be given access to the
answers during the examination. If such inspectors, poll clerks or
coordinators pass such examination, the board of elections shall certify
the designated election inspector, poll clerk or coordinator.
4. The county board of elections shall within two weeks notify those
who have passed the examination, that they are certified to serve.
5. Each board of elections shall reproduce a booklet of instructions
for participants prepared by the state board of elections. A copy of
such booklet, or digital version, shall be given to each participant at
the time such participant attends the course of instruction. At least
one copy of such booklet shall be included with the supplies sent to
each election district for each election and day of local registration.
Election inspectors and poll clerks; oath of office,
certificate of appointment. 1. Every person designated and certified as
an election inspector shall, within ten days after notice of
certification, take and subscribe the constitutional and statutory oath
of office, which shall be administered by a commissioner of elections,
or by any employee of the board of elections who shall be designated in
writing to administer such oaths, or by the clerk of the city or town in
which the election district for which such person is certified is
located. Oaths of office shall be filed in the office of the board of
elections.
2. Every person so sworn shall receive a certificate of appointment in
such form as may be approved by the board under which he serves, and
such form shall specify the capacity and the election district or
districts, in which he is to serve and the date of the expiration of the
term of office.
Election inspectors, poll clerks and election coordinators;
removal. 1. Any election officer appointed pursuant to the provisions of
this chapter, may be removed for cause by the board making the
appointment. Unless such removal is for improper conduct, while such
officer is actually on duty on the day of registration or election, it
shall occur only after notice in writing to the officer to be removed.
Such notice shall set forth clearly the reasons for his removal.
Neglect to attend to the duties of the office shall be a cause for the
removal of any such officer.
2. It shall be the duty of the board making the appointment of an
election officer, to remove forthwith such officer without preferring
any charges and without notice to such officer, upon the written request
of the official of the political party who certified the name of such
election officer, or his successor. All such vacancies so created shall
be filled in the same manner as the original appointment was made. Any
election officer who shall at any time be appointed to fill a vacancy,
shall have that fact stated in his certificate of appointment and shall
hold office only during the unexpired term of his predecessor.
3. Any election inspector, poll clerk or election coordinator who is
removed from office for cause shall forfeit the compensation earned up
to the time of such removal.
4. An election inspector, poll clerk or election coordinator who is
removed for cause shall be ineligible to again serve in such capacity;
provided, however, that the board of elections may rehear the charges
against such person at any time and it may determine that such person
shall again be eligible for appointment if otherwise qualified.
Election inspectors and poll clerks; emergency provisions for
filling vacancies or absences. 1. If, at the time of a meeting of the
inspectors, there shall be a vacancy, or if any inspector shall be
absent, the inspector present who is the designee of the same party as
the absent inspector shall appoint a qualified voter of the same city or
town to act in place of the absent inspector. If, however, any
inspectors shall be temporarily absent for a portion of the meeting, the
inspectors present, provided that they are not all members of the same
political party, shall have and may exercise any power or perform any
duty conferred or imposed upon a board of inspectors.
2. If at the time of any such meeting two inspectors who are members
of the same party shall be absent, or their places shall be vacant, the
poll clerk or poll clerks present, if any, of the same party shall act
as inspectors and shall appoint qualified voters of the same city or
town who are members of the same party as the absent inspectors, to act
in place of such clerks.
3. If at the time of any such meeting two inspectors and the poll
clerk or clerks, if any, who are members of the same party shall be
absent, or their places shall be vacant, the inspector or inspectors
present, or in their absence the poll clerk or clerks present, if any,
shall appoint qualified voters of the same city or town, who are members
of the same party as such absent inspectors, to act as such inspectors
and clerks, until the inspectors or clerks duly appointed by the
original appointing authority, shall appear.
4. If at the time of any such meeting, there shall be a vacancy in the
office of poll clerk, or if a poll clerk shall be absent, the inspectors
who are designees of the same party, or in their absence, any poll clerk
of the same party who is present, shall appoint a qualified voter of the
same city or town who is a member of the same party, to act in place of
the absent poll clerk.
5. Every person so appointed or named shall take the oath of office,
which shall be administered by any person authorized to administer oaths
or by one of the inspectors.
Election inspectors, poll clerks and election coordinators;
compensation. 1. Election inspectors, poll clerks, election coordinators
and qualified voters appointed to act in place of an absent inspector,
clerk or coordinator shall be paid for their services on the days of
registration and election, by the county containing the election
district in which they serve, in an amount fixed by the county
legislative body, subject to such limitations as shall be prescribed or
authorized by statute, except that in the city of New York the amount of
such compensation shall be payable by such city and shall be fixed by
the mayor at a daily rate which, in the case of election inspectors
shall not be less than one hundred thirty dollars and in the case of
election coordinators not less than two hundred dollars. Such
inspectors, poll clerks, election coordinators and qualified voters at a
general or special village election conducted by the board of elections
shall be paid by such village in an amount fixed by the village board of
trustees subject to any such limitations.
2. An election inspector or poll clerk who attends a required training
session shall be paid not less than twenty-five dollars for each meeting
plus, at the option of the county, transportation expenses not to exceed
the mileage allowance approved by the county legislative body for their
permanent employees, payable by the county or in the case of the city of
New York, by such city. For administrative purposes, each county may
establish one or more categories for the mileage allowance, based on the
range of distance traveled, and pay the mileage allowance for that
category.
3. The chairman of the board of inspectors of each election district
shall, within twenty-four hours of any election or day of local
registration, furnish to the board appointing such officers, if required
by such board to do so, a certificate stating the days and hours of
actual service of each member of such board, the names of the persons,
if any, who served as clerks on an election day, the hours of their
service, and the days on which the store, building or room hired for
registration and election purposes was actually used for such purposes.
4. If a person recommended and examined for appointment as election
officer in a city, or examined therefor without recommendation in the
absence of a party list, be found disqualified and be not appointed, as
therein provided, and such person shall serve in the same calendar year
as inspector at a registration or election or as clerk at an election,
under a vacancy appointment, he shall receive no compensation for such
services.
TITLE 5 Alternate Provisions
Alternative poll site staffing plan. 1. Notwithstanding the
provisions of title four of this article, a board of elections may
design an alternative poll site staffing plan to more efficiently
conduct an election in accordance with this section. Such alternative
poll site staffing plan must be filed with the state board of elections.
2. An alternative staffing plan shall provide for at least four
inspectors, equally divided among the major parties, to be assigned to
each poll site, and all staffing must be likewise bipartisan. An
alternative staffing plan may consolidate election district and poll
site staffing functions to efficiently conduct an election pursuant to
this chapter, provided the tabulation of votes by election district
shall not be impaired unless consolidation of election districts for an
election is otherwise permitted by this chapter, and such staffing plan
complies with 9 NYCRR 6210.19(c).
Nassau county; board of elections, special provisions. 1. All
the provisions of this article, when not inconsistent with this section,
shall apply to the county of Nassau.
2. At least thirty days before the first day of January of any year in
which a commissioner of elections is to be appointed, or within thirty
days after a vacancy occurs in the office of commissioner of elections,
the chairman of the appropriate party county committee shall file with
the clerk of the county legislative body a certificate naming the person
whom he is recommending for appointment as such commissioner of
elections. The certificate shall be in the form and contain the
information prescribed by the state board of elections.
3. All petitions and certificates of nomination or designation, or of
declination thereof, for an election to which this section applies, and
all statements of receipts and expenditures relating to such an
election, required to be filed with any officer of Nassau county, or
political subdivision therein shall be filed with the board of
elections.
4. Inspectors of election shall be appointed for a term of two years,
except that an inspector appointed to fill a vacancy, shall hold office
only for the unexpired term of his predecessor.
Suffolk county; board of elections, special provisions. 1.
All the provisions of this article, when not inconsistent with this
section, shall apply to the county of Suffolk.
2. At least thirty days before the first day of January of any year in
which a commissioner of elections is to be appointed or within thirty
days after a vacancy occurs in the office of commissioner of elections,
the chairman of the appropriate party county committee shall file with
the clerk of the county legislative body a certificate naming the person
whom he is recommending for appointment as such commissioner of
elections. The certificate shall be in the form and contain the
information prescribed by the state board of elections.
3. All petitions and certificates of nomination or designation, or of
declination thereof, for an election to which this section applies, and
all statements of receipts and expenditures required to be filed with
any officer of Suffolk county, or political subdivision therein shall be
filed with the board of elections.
4. Inspectors of election shall be appointed in odd-numbered years for
a term of two years, except that an inspector appointed to fill a
vacancy, shall hold office for the unexpired term of his predecessor.
Boards of elections; voting materials in Russian. A board of
elections in a city of over one million shall provide the same
information in Russian that it provides in languages other than English
on its website. It shall also produce and disseminate citywide a booklet
that includes: (a) a voter registration form in English with
instructions in Russian; (b) instructions in Russian regarding the
criteria and application process for obtaining an early mail or absentee
ballot; and (c) a section with general voter information in Russian
including frequently asked questions. Such board may include other
languages on its website and in such booklet.
ARTICLE 4 Proceedings Preliminary to Registration, Enrollment and Elections
Election districts; creation and alteration. 1. The State of
New York shall be divided into election districts which shall be the
basic political subdivision for purposes of registration and voting as
provided in this chapter.
2. The creation, consolidation, division or alteration of election
districts shall be done by the board of elections.
3. a. Each election district shall be in compact form and may not be
partly within and partly without a ward, town, city, a village which has
five thousand or more inhabitants and is wholly within one town, the
contiguous property of a college or university which contains three
hundred or more registrants who are registered to vote at any address on
such contiguous property, or a county legislative, assembly, senatorial
or congressional district. Except as provided in paragraph b of this
subdivision, election district boundaries, other than those boundaries
which are coterminous with the boundaries of those political
subdivisions and college or university properties mentioned in this
paragraph, must be streets, rivers, railroad lines or other permanent
characteristics of the landscape which are clearly visible to any person
without the need to use any technical or mechanical device. An election
district shall contain not more than nine hundred fifty registrants
(excluding registrants in inactive status) or, with the approval of the
county board of elections, not more than two thousand registrants
(excluding registrants in inactive status), but any election district
may be divided for the convenience of the voters.
b. An election district in a city or town may divide a block, provided
that the board of elections prepares an alphabetical list of all the
streets in such city or town with the election district for each such
street. If any such street is divided between two or more election
districts, then such list must contain the lowest and highest street
numbers in each such district and if the odd and even numbers on a
street are in different districts, such list must contain separate
listings for such odd and even numbers and if there are both odd and
even numbers in such different election districts, such list must
contain separate listings for such numbers. Copies of such lists shall
be filed and kept open to public inspection in the offices of such
board. One copy of each such list shall be delivered, upon request, to
the state board of elections and to a person or officer designated
jointly by the speaker of the assembly and the temporary president of
the senate. Surplus copies shall be sold at cost.
4. Any election district must be realigned when the total number of
registrants, excluding registrants in inactive status, at the time of
the preceding general election, exceeds the maximum number permitted by
this section by at least fifty registered voters.
5. Any creation, consolidation, division or alteration of election
districts in any calendar year shall be made on or before February
fifteenth, and shall take effect on April first, except that when
required by the creation or alteration of a political subdivision, other
than an election district, in which candidates are to be voted for at
the next election, such creation, consolidation, division or alteration
shall be made and shall take effect immediately upon creation or
alteration of such political subdivision. No such creation,
consolidation, division or alteration shall be made between February
twentieth of a calendar year ending in seven and December first of a
calendar year ending in zero unless required by the creation or
alteration of a political subdivision.
Maps; congressional, senatorial, assembly and election
districts. 1. The state board of elections, at the expense of the state,
shall publish maps showing the county or counties contained in each of
the congressional districts, senatorial districts and assembly districts
of the state.
2. Where a portion of a county is contained in any congressional,
senatorial or assembly district, the state board shall publish a map
showing the portion of such county contained in each such respective
district. Such map or maps shall show the extreme boundaries of the
portion of the county so contained, as described by the street boundary
and shall have printed thereon the names of the streets or public ways
bounding the district; provided however, that where the extreme boundary
consists of the boundary line of any city, town or village, it shall be
sufficient to so indicate, without showing or naming individual streets
or public ways.
3. The state board shall also publish three individual maps of each
borough of the city of New York, which shall show all of the
congressional districts or parts thereof, all of the senatorial
districts or parts thereof, and all of the assembly districts or parts
thereof contained in such borough. Each such map shall show the extreme
boundaries of the districts to which it refers, as described in the
street boundary and shall have printed thereon the names of the streets
or public ways bounding the district.
4. All such maps shall be to scale. Pertinent copies of such maps
shall be filed and kept open to public inspection as follows: one in the
office of the town or city clerk, except in the city of New York; one in
the office of every board of elections, and each branch office, if any.
Surplus copies if any, may be sold at cost and the proceeds remitted to
the state board of elections. Whenever the boundaries of any
congressional, senatorial, or assembly district are altered, the state
board of elections shall publish revised copies of those maps affected
by such boundary alteration and make the distribution required in this
subdivision.
5. a. A map or separate maps of uniform scale of election districts
within a town or ward, or, in the city of New York and the county of
Nassau, within an assembly district, wholly within such city or county
or within that portion of any assembly district within such city or
county, shall be made by the board or body creating or altering the
districts so that the map or maps on file at any time will show the
existing election districts in such town, ward, assembly district, or
the appropriate portion of such assembly district.
b. In a city, street corner numbers of the block or blocks defining
the extreme boundaries of each election district shall be printed on the
map or maps, within or outside the block line or lines, so as to show
plainly the highest and lowest street numbers within the election
district of every street bounding the district.
c. Copies of such maps or descriptions shall be filed and kept open to
public inspection as follows: one in the office of the town or city
clerk, except in the city of New York; one in the office and each branch
office, if any, of the board of elections.
d. One copy of each map shall be delivered, upon request, to the state
board of elections and to a person or officer designated jointly by the
speaker of the assembly and the temporary president of the senate. Each
time an election district boundary is changed a copy of the new map
shall be sent to each such board, person or officer who has requested
such maps. Surplus copies of maps of election districts in a city or
town may be sold at cost and the proceeds paid to the county, city or
town which incurred the expense of preparing the maps.
e. Copies of such maps shall be posted on the board of elections'
website. In addition, each board of elections shall make such maps
available in downloadable digital file formats compatible with
geographic information system (GIS) software, such as shapefile,
geodatabase, KML, or other similar vector based GIS file types.
6. In a town, after the creation or alteration of any election
district therein, the board of elections shall furnish to the inspectors
of election in each election district, on the first day of registration
or election occurring after such change, a map or dsecription showing
such election district.
Registration and polling places; designation of. 1. Every
board of elections shall, in consultation with each city, town and
village, designate the polling places in each election district in which
the meetings for the registration of voters, and for any election may be
held. The board of trustees of each village in which general and special
village elections conducted by the board of elections are held at a time
other than the time of a general election shall submit such a list of
polling places for such village elections to the board of elections. A
polling place may be located in a building owned by a religious
organization or used by it as a place of worship. If such a building is
designated as a polling place, it shall not be required to be open for
voter registration on any Saturday if this is contrary to the religious
beliefs of the religious organization. In such a situation, the board of
elections shall designate an alternate location to be used for voter
registration. Such polling places must be designated by March fifteenth,
of each year, and shall be effective for one year thereafter. Such a
list required to be submitted by a village board of trustees must be
submitted at least four months before each general village election and
shall be effective until four months before the subsequent general
village election. No place in which a business licensed to sell
alcoholic beverages for on premises consumption is conducted on any day
of local registration or of voting shall be so designated. If, within
the discretion of the board of elections a particular polling place so
designated is subsequently found to be unsuitable or unsafe or should
circumstances arise that make a designated polling place unsuitable or
unsafe, then the board of elections is empowered to select an
alternative meeting place. In the city of New York, the board of
elections shall designate such polling places and alternate registration
places if the polling place cannot be used for voter registration on
Saturdays.
1-a. Each polling place shall be accessible to citizens with
disabilities and comply with the accessibility guidelines of the
Americans with Disabilities Act of 1990. The state board of elections
shall publish and distribute to each board of elections with the power
to designate poll sites, a concise, non-technical guide describing
standards for poll site accessibility, including a polling site access
survey instrument, in accordance with the Americans with Disabilities
Act accessibility guidelines (ADAAG) and methods to comply with such
standards. Such guide and procedures shall be developed in consultation
with persons, groups or entities with knowledge about public access as
the state board of elections shall determine appropriate.
1-b. The county board of elections shall cause an access survey to be
conducted for every polling site to verify substantial compliance with
the accessibility standards cited in this section. Completed surveys
shall be submitted to the state board of elections and kept on file as a
public record by each county. Each polling site shall be evaluated prior
to its designation or upon changes to the facility. A site designated as
a polling place prior to the effective date of this subdivision shall be
evaluated within two years of the effective date of this subdivision by
an individual qualified to determine whether or not such site meets the
existing state and federal accessibility standards. Any polling place
deemed not to meet the existing accessibility standards must make
necessary changes and/or modifications, or be moved to a verified
accessible polling place within six months.
1-c. The state board of elections shall promulgate any rules and
regulations necessary to implement the provisions of this section.
2. (a) If the board of elections, after designating a polling place,
and after sending written notice of such polling place to each
registered voter, designates an alternative polling place, it must, at
least five days before the next election or day for registration, send
by mail a written notice to each registered voter notifying such voter
of the changed location of such polling place. If such notice is not
possible the board of elections must provide for an alternative form of
notice to be given to voters at the location of the previous polling
place.
(b) In a city with a population of one million or more, if the board
of elections, after designating a polling place, is notified of the need
to change the location of such polling place, such board of elections
shall, within five days of receiving such notice, notify by mail:
(i) the chairpersons of all state party committees;
(ii) the chairpersons of all county party committees in the county in
which such polling place is located;
(iii) the member of the state assembly representing the district in
which such polling place is located and any member of the state assembly
whose district includes any election district the residents of which are
assigned to vote at such polling place;
(iv) the state senator representing the district in which such polling
place is located and any state senator whose district includes any
election district the residents of which are assigned to vote at such
polling place;
(v) the city councilmember representing the district in which such
polling place is located and any city councilmember whose district
includes any election district the residents of which are assigned to
vote at such polling place; and
(vi) in an assembly district in which assembly district leaders are
elected to represent an entire assembly district, the assembly district
leaders representing the district in which such polling place is located
and any assembly district leader whose district includes any election
district the residents of which are assigned to vote at such polling
place, or, in an assembly district in which district leaders are elected
in parts, the district leaders for the part in which the polling place
is located and any assembly district leader whose part includes any
election district the residents of which are assigned to vote at such
polling place.
3. A building exempt from taxation shall be used whenever possible as
a polling place if it is situated in the same or a contiguous election
district, and may contain as many distinctly separate polling places as
public convenience may require. The expense, if any, incidental to its
use, shall be paid like the expense of other places of registration and
voting. If a board or body empowered to designate polling places chooses
a public school building for such purpose, the board or agency which
controls such building must make available a room or rooms in such
building which are suitable for registration and voting and which are as
close as possible to a convenient entrance to such building and must
make available any such room or rooms which the board or body
designating such building determines are accessible to physically
disabled voters as provided in subdivision one-a. Notwithstanding the
provisions of any general, special or local law, if a board or body
empowered to designate polling places chooses a publicly owned or leased
building, other than a public school building, for such purposes the
board or body which controls such building must make available a room or
rooms in such building which are suitable for registration and voting
and which are as close as possible to a convenient entrance to such
building, and must make available any such room or rooms which the board
or body designating such building determines are accessible to
physically disabled voters unless, not later than thirty days after
notice of its designation as a polling place, the board or body
controlling such building, files a written request for a cancellation of
such designation with the board or body empowered to designate polling
places on such form as shall be provided by the board or body making
such designation. The board or body empowered to so designate shall,
within twenty days after such request is filed, determine whether the
use of such building as a polling place would unreasonably interfere
with the usual activities conducted in such building and upon such
determination, may cancel such designation.
3-a. Any person or entity which controls a building for which a tax
exemption, tax abatement, subsidy, grant or loan for construction,
renovation, rehabilitation or operation has been provided by any agency
of the state or any political subdivision thereof on or after the
effective date of this subdivision shall agree to make available for
registration and voting purposes the room or rooms in such building
which the board or body empowered to designate polling places determines
are suitable for registration and voting, are accessible to physically
disabled voters and are as close as possible to a convenient entrance to
such building. Notwithstanding any other provision of law, any agency of
the state or any political subdivision thereof may deny a tax exemption,
tax abatement, subsidy, grant or loan for construction, renovation,
rehabilitation or operation to a building which is otherwise eligible
for such exemption, abatement, subsidy, grant or loan if the person or
entity which controls such building refuses to agree to make available
for registration and voting purposes the room or rooms in such building
which the board or body empowered to designate polling places determines
are suitable for registration and voting, are accessible to physically
disabled voters and are as close as possible to a convenient entrance to
such building. The provisions of this subdivision shall not apply to
buildings used solely for residential purposes which contain twenty-five
dwelling units or less.
3-b. Any person or entity conducting any program, activity or service
for which a loan, grant, contract, subsidy or reimbursement has been
provided by any agency of the state or a political subdivision thereof
on or after the effective date of this subdivision shall make available
for registration and voting purposes the room or rooms under the control
of such person or entity in a building in which such program, activity
or service is conducted which the board or body empowered to designate
polling places determines are suitable for registration and voting, are
accessible to physically disabled voters and are as close as possible to
a convenient entrance to such building. Any such person, organization or
entity shall agree to facilitate the use of such room or rooms, to the
maximum extent possible, by making efforts to obtain the permission and
cooperation of any person or entity which controls the building in which
such room or rooms are located. Notwithstanding any other provision of
law, any agency of the state or any political subdivision thereof may
deny a loan, grant, contract, subsidy or reimbursement to any such
person or entity otherwise eligible for such loan, grant, contract,
subsidy or reimbursement unless such person or entity agrees to make
available for registration and voting purposes the room or rooms in such
building which the board or body empowered to designate polling places
determines are suitable for registration and voting, are accessible to
physically disabled voters as provided in subdivision one-a of this
section and are as close as possible to a convenient entrance to such
building and agrees to facilitate the use of such room or rooms, to the
maximum extent possible, by making efforts to obtain the permission and
cooperation of any person or entity which controls the building in which
such room or rooms are located.
3-c. Notwithstanding the provisions of subdivisions three-a and
three-b of this section, no person, board, agency, body or entity shall
be required to make available for registration or voting by persons
other than the residents of such building, any room or rooms in a
building, other than a publicly owned building, which contains
correctional, health, mental hygiene, day care, drug or addiction
treatment, or emergency services or other services for the public
safety, or in a building used for religious services.
3-d. Notwithstanding any inconsistent provision of section 3-506 or
section 4-134 of this chapter, and in the absence of a specific written
agreement to the contrary, if the board or body empowered to designate
polling places has authorized the use of a portable ramp, or ramp and
platform, at a polling site for purposes of compliance with subdivision
one-a of this section, the person or entity in control of a building or
portion thereof in which such polling site is designated shall install,
remove, store, and safeguard each such ramp, or ramp and platform, at
such times and dates as may be required by the board or body empowered
to designate polling places.
4. Where an election district is so situated or the only facilities
available therein are such that public convenience would be served by
establishing a polling place outside such district, the board or body
empowered by this chapter to establish election districts may designate
a polling place in a contiguous district.
4-a. Notwithstanding any conflicting provisions of this section, the
common council of the city of Little Falls may adopt a resolution
determining that there is no building within an election district within
such city available and suitable for the meetings for the registration
of voters or for any election, or that for reasons of efficiency or
economy it is desirable to consolidate the polling places for two or
more, or all districts, in such city, in one place, regardless of
whether or not such district adjoins the district to which such meeting
or polling place is moved, and there may be as many distinctly separate
election districts lawfully located in the same building as public
convenience may require. Such a resolution shall be subject to the
approval of the county board of elections. Every such building chosen
shall meet all other requirements of this section and all federal
requirements for accessibility for the elderly and the disabled.
5. (a) Whenever the number of voters eligible to vote in an election
in any election district is less than one hundred, the polling place
designated for such district may be the polling place of any other
district which could properly be designated as the polling place of the
first mentioned district pursuant to the provisions of this chapter,
except that the polling place designated for any such district may be
the polling place of any other district in such city or town provided
that the distance from such first mentioned district to the polling
place for such other district is not unreasonable pursuant to rules or
regulations prescribed by the state board of elections and provided that
the total number of persons eligible to vote in such other district in
such election, including the persons eligible to vote in such first
mentioned districts, is not more than five hundred. The inspectors of
election and poll clerks, if any, of such other election district shall
also act in all respects as the election officers for such first
mentioned districts and no other inspectors shall be appointed to serve
in or for such first mentioned districts. A separate poll ledger or
computer generated registration list, separate voting machine or ballots
and separate canvass of results shall be provided for such first
mentioned districts, except that if the candidates and ballot proposals
to be voted on by the voters of such districts are the same, the
election districts shall be combined and shall constitute a single
election district for that election. However, if the first mentioned
district contains fewer than ten voters eligible to vote in such
election, there shall be no limitation on the total number of persons
eligible to vote in such combined district. If the polling place for any
election district is moved for any election, pursuant to the provisions
of this subdivision, the board of elections shall, not later than ten
nor more than fifteen days before such election, mail, by first class
mail, to each voter eligible to vote in such election district at such
election, a notice setting forth the location of the polling place for
such election and specifying that such location is for such election
only.
(b) Whenever the total number of voters eligible to vote in any
primary or special election, in any two election districts whose polling
places are regularly located in the same building, is less than four
hundred, the board of elections may assign the inspectors of election of
the election district which contains the greater number of such voters,
to act also, in all respects, as the election officers of the other such
election district and no other election officers shall be appointed to
serve in or for such other election district at such primary or special
election. A separate poll ledger or computer generated registration
list, separate voting machine or ballots and separate canvass of results
shall be provided for each such election district.
(c) Whenever all the candidates to be voted upon at a primary
election, except a primary election in the city of New York, or all the
candidates and ballot proposals to be voted upon at a special election,
or at a school board election conducted by the board of elections, or at
a general election in the city of New York in a year in which there is
no election for electors of president and vice-president of the United
States or governor of the state or mayor of such city, by the voters of
any two or more election districts whose polling places are regularly
located in the same building are identical, the board of elections may
combine such election districts for that election, provided that the
total number of voters eligible to vote in any such combined election
district does not exceed one thousand two hundred in a primary election
or does not exceed two thousand in a special election or a general
election in the city of New York.
(d) Notwithstanding any other provision of this section, polling
places designated for any one such election district that will be
utilizing any voting machine or system certified for use in New York
state pursuant to chapter one hundred eighty-one of the laws of two
thousand five, may be the polling place of any other contiguous district
or districts, provided the voting system used in such polling place
produces separate and distinct vote totals for each election district
voting in such polling place on such voting machine or system.
5-a. Whenever a contiguous property of a college or university
contains three hundred or more registrants who are registered to vote at
any address on such contiguous property, the polling place designated
for such registrants shall be on such contiguous property or at a nearby
location recommended by the college or university and agreed to by the
board of elections.
6. Each polling place designated, whenever practicable, shall be
situated on the main or ground floor of the premises selected. It shall
be of sufficient area to admit and comfortably accommodate voters in
numbers consistent with the deployment of voting systems and privacy
booths, pursuant to 9 NYCRR 6210.19. Such deployment of voting systems,
election workers and election resources shall be in a sufficient number
to accommodate the numbers of voters eligible to vote in such polling
place.
6-a. Each polling place designated, whenever practicable, shall be
situated directly on a public transportation route.
7. No polling place shall be located on premises owned or leased by a
person holding public office or who is a candidate for public office at
a primary or general election.
8. Whenever the board of elections shall determine that there is no
building within an election district available and suitable for the
meetings for the registration of voters or for any election, or that for
reasons of efficiency or economy it is desirable to consolidate such
meetings of one or more districts in one place, such board may designate
a building for such purpose in an adjoining district in the same
village, city or town and there may be as many distinctly separate
meetings or polling places lawfully located in the same building as
public convenience may require. Wherever possible, public schools, fire
houses, municipal buildings or other buildings exempt from taxation
shall be designated for such meetings and polling places. Such a
determination shall be made only after notice to the chairpersons of the
county committees of all political parties and reasonable opportunity
for them to be heard.
Certification of offices to be filled at general or special
elections; state board of elections, county, city, village and town
clerks.
1. The state board of elections shall, by February first in the year
of each general election, make and transmit to the board of elections of
each county, a certificate stating each office, except county, city,
village and town offices to be voted for at such election in such
county.
2. Each county, city, village and town clerk, by February first in the
year of each general election, shall make and transmit to the board of
elections a certificate stating each county, city, village or town
office, respectively to be voted for at each such election. Each village
clerk, at least five months before each general village election
conducted by the board of elections, shall make, and transmit to such
board, a certificate stating each village office to be filled at such
election.
3. If any such office is for an unexpired term, the certificate shall
so state. The state board of elections shall forthwith, upon the filing
of a governor's proclamation ordering a special election, transmit to
the board of elections in each county in which the special election is
to be held, a notice of such proclamation and a certificate of the
offices to be voted for at such special election.
4. Within three days after the occurrence of any vacancy in an office
required to be filled at the next general election or a general or
special village election or other special election conducted by the
board of elections, the state board of elections or the county, city,
town or village clerk as is appropriate, shall file with the county
board of elections, a certificate indicating the occurrence of the
vacancy and the position which is to be filled.
Certification of proposed constitutional amendments and
questions. 1. a. Whenever any proposed amendment to the constitution or
other question provided by law to be submitted to a statewide vote shall
be submitted to the people for their approval, the state board of
elections at least three months prior to the general election at which
such amendment, proposition or question is to be submitted, shall
transmit to each county board of elections a certified copy of the text
of each amendment, proposition or question and a statement of the form
in which it is to be submitted.
b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people of a county, city, town,
village or special district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least three
months prior to the general election at which such proposal, proposition
or referendum is to be submitted, shall transmit to each board of
elections a certified copy of the text of such proposal, proposition or
referendum and a statement of the form in which it is to be submitted.
If a special election is to be held, such transmittal shall also give
the date of such election.
c. Such certified copy shall set out all new matter in italics and
enclose in brackets, [ ], all matter to be eliminated from existing
law, and at the bottom of each page shall be appended the words:
Explanation: Matter in italics is new, to be added; matter in brackets
[ ] is old law, to be omitted.
d. In addition to the text, such transmittal shall contain an abstract
of such proposed amendment, proposition or question, prepared by the
state board of elections in plain language.
2. The form in which the proposed amendment, proposition or question
is to be submitted shall consist only of the following: a. a descriptive
title of up to fifteen words, which describes the topic, goal, or
outcome of the ballot question in plain language; b. a summary of the
text ballot proposal of up to thirty words, written in plain language,
that describes the change in policy to be adopted and not the legal
mechanism; and c. a statement of what a YES or NO vote means in up to
thirty words written in plain language that identifies the practical
outcome of each election result and not the legal mechanism. If more
than one such amendment, proposition or question is to be voted upon at
such election, each such amendment, proposition or question respectively
shall be separately and consecutively numbered.
3. The attorney general shall advise in the preparation of such form
of submission, and such recommendations shall be in plain language.
4. a. The state board of elections shall prominently publish on its
website at least four months prior to the general election at which a
ballot proposal shall appear, the proposed form of the ballot proposal
and abstract. There shall be a public comment period of at least fifteen
days subsequent to such publication. The state board shall review and
consider public comments before adopting the final form of the ballot
proposal and abstract.
b. The state board of elections shall also publish on its website the
Automated Readability Index score calculated pursuant to subdivision six
of this section for each form of question and abstract.
The score shall require no higher than an eighth grade reading level
(a score of 8 on the Automated Readability Index), unless the state
board of elections shall state the basis for its determination that the
plain language requirements of this section are met.
5. For the purposes of this section, plain language shall mean the
form of the ballot proposal and abstract:
a. shall be written in easily comprehended, concise language;
b. shall not contain more the one passive sentence;
c. shall not use semicolons, using multiple sentences as necessary;
and
d. shall not contain double negatives.
6. To evaluate compliance with the plain language requirements of this
section, the state board of elections shall calculate an Automated
Readability Index score, separately, for each statewide form of ballot
proposal and abstract.
The Automated Readability Index score shall be calculated according to
the following formula:
a. Divide the number of characters (excluding spaces) by the number of
words and multiply that number by 4.71;
b. Divide the number of words by the number of sentences and multiply
that number by 0.5;
c. Add the results of paragraphs a and b of this subdivision.
d. Subtract 21.43 from the result of paragraph c of this paragraph and
round to the nearest whole number.
7. No specific Automated Readability Index score shall be required;
provided, however, the board shall use best efforts to score at an
eighth grade reading level or below and meet the definition of plain
language in subdivision five of this section. In addition, the board
shall expend their best efforts not to exceed the word limits in
subdivision two of this section but may do so when plain language
clarity is improved thereby.
8. Notwithstanding any other provision of this chapter or other law to
the contrary, the form in which a proposed amendment to the constitution
shall be submitted, and the abstract thereof, may be determined as part
of the concurrent resolution for the submission of such amendment, and
abstract thereof, to the people, or the form of submission and abstract
thereof may be determined in a separate concurrent resolution adopted by
both houses of the legislature at least one hundred twenty days prior to
the general election at which such amendment shall be submitted. The
legislature, in determining the form of submission and abstract under
this subdivision, shall use best efforts to comply with the plain
language requirements of subdivisions two and five, and shall further
use best efforts for such submission and abstract to score at an eighth
grade reading level or below as determined by the Automated Readability
Index score as calculated under subdivision six of this section, or
other comparable tool to evaluate reading levels. Provided, however, no
specific Automated Readability Index score shall be required. Such form
of submission and abstract determined in the manner provided for by this
subdivision shall be transmitted by the state board of elections as
otherwise provided in this chapter without amendment or alteration,
except that the state board of elections may assign to such proposed
amendment the ballot order number applicable thereto.
Certification of primary election candidates; state board of
elections. The state board of elections, not later than fifty-five days
before a primary election, shall certify to each county board of
elections: The name and residence of each candidate to be voted for
within the political subdivision of such board for whom a designation
has been filed with the state board; the title of the office or position
for which the candidate is designated; the name of the party upon whose
primary ballot his or her name is to be placed; and the order in which
the names of the candidates are to be printed as determined by the state
board. Where an office or position is uncontested, such certification
shall state such fact.
Certification of nominations; state board of elections. 1.
The state board of elections, not later than fifty-five days before a
general election, fifty-three days before a special election, or
twenty-four days before a special election held pursuant to paragraph b
of subdivision three of section forty-two of the public officers law,
shall certify to each county board of elections the name and residence
of each candidate nominated in any valid certificate filed with it or by
the returns canvassed by it, the title of the office for which
nominated; the name of the party or body specified of which he or she is
a candidate; and a notation as to whether or not any litigation is
pending concerning the candidacy. Upon the completion of any such
litigation, the state board of elections shall forthwith notify the
appropriate county boards of elections of the results of such
litigation.
2. The state board of elections, not later than seven days before the
general election, shall certify to each county board of elections the
name and residence of each write-in candidate for president and vice
president of the United States who has filed a valid certificate of
candidacy with it.
3. If a certificate of a nomination to fill a vacancy caused by death
or disqualification is filed with the state board of elections, or a
court order shall change a nomination, after the state board has made
its certifications to the county boards of elections, the state board
shall transmit forthwith a statement of such nomination to the
appropriate boards of elections.
Determination of candidates and questions; county board of
elections. The county board of elections, not later than the
fifty-fourth day before the day of a primary or general election, the
fifty-third day before a special election, or twenty-four days before a
special election held pursuant to paragraph b of subdivision three of
section forty-two of the public officers law, shall determine the
candidates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of that board of elections.
Constitutional amendments and questions; publication of by
state board of elections and secretary of state. 1. The secretary of
state shall cause each concurrent resolution of the two houses of the
legislature agreeing to a proposed amendment to the constitution that
has been referred to the legislature to be chosen at the next general
election to be published at least once in each of the three months next
preceding such election. Such publication shall include the information
that such amendment has been so referred.
2. The state board of elections shall publish once in the week
preceding any election at which proposed constitutional amendments or
other propositions or questions are to be submitted to the voters of the
state an abstract of such amendment or question, a brief statement of
the law or proceedings authorizing such submission, a statement that
such submission will be made and the form in which it is to be
submitted.
3. Publication required by subdivision two of this section shall be in
one newspaper of general circulation in each county.
4. No later than two months prior to the general election at which any
statewide ballot proposal is to be submitted to the people, the state
board of elections and all local boards of elections shall publish on
their websites the information required to be published pursuant to
subdivision two of this section.
Check of registrants and information notice by mail. 1. The
board of elections, between the third Tuesday in April and the second
Friday in May in each year, shall send by mail on which is endorsed such
language designated by the state board of elections to ensure postal
authorities do not forward such mail but return it to the board of
elections with forwarding information, when it cannot be delivered as
addressed and which contains a request that any such mail received for
persons not residing at the address be dropped back in the mail, a
communication, in a form approved by the state board of elections, to
every registered voter who has been registered without a change of
address since the beginning of such year, except that the board of
elections shall not be required to send such communications to voters in
inactive status. The communication shall notify the voter in bold print
contained in such notice of the days and hours of the ensuing primary
and general elections, the place where he or she appears by his or her
registration records to be entitled to vote, and also in other than bold
type of the fact that voters who have moved or will have moved from the
address where they were last registered must either notify the board of
elections of his or her new address or vote by paper ballot at the
polling place for his or her new address even if such voter has not
re-registered, or otherwise notified the board of elections of the
change of address. If the primary will not be held on the first Tuesday
after the second Monday in September, the communication shall contain a
conspicuous notice in all capital letters and bold font notifying the
voter of the primary date. If the location of the polling place for the
voter's election district has been moved, the communication shall
contain the following legend in bold type: "YOUR POLLING PLACE HAS BEEN
CHANGED. YOU NOW VOTE AT..........". The communication shall indicate
that any registered voter may vote early by mail by applying for an
early mail ballot, and provide information on how to apply for an early
mail ballot. The communication shall also indicate whether the polling
place is accessible to physically disabled voters, that a voter who will
be out of the city or county on the day of the primary or general
election or a voter who is ill or physically disabled may obtain an
absentee ballot, that a physically disabled voter whose polling place is
not accessible may request that his registration record be moved to an
election district which has a polling place which is accessible, the
phone number to call for applications to move a registration record or
for early mail or absentee ballot applications, the phone number to call
for the location of registration and polling places, the phone number to
call to indicate that the voter is willing to serve on election day as
an election inspector, poll clerk, interpreter or in other capacities,
the phone number to call to obtain an application for registration by
mail, and such other information concerning the elections or
registration as the board may include. In lieu of sending such
communication to every registered voter, the board of elections may send
a single communication to a household containing more than one
registered voter, provided that the names of all such voters appear as
part of the address on such communication.
1-a. The notice required by subdivision one of this section shall
include the dates, hours and locations of early voting for the general
and primary election. The board of elections may alternatively satisfy
the notice requirement of this subdivision by providing in the notice
instructions to obtain the required early voting information by means of
a website and phone number of the board of elections.
2. Whenever a ballot proposal is to be submitted to the people for
approval at any election, the board of elections may send to every
registered voter, by the same mail containing the communication required
by this section, a copy of the abstract of such ballot proposal.
3. Each year, in the month of December, the commissioners of every
local board of elections shall file with the state board of elections,
on a form provided therefor by such state board, a statement setting
forth the approximate number of communications mailed pursuant to the
requirements of this section and the approximate number of such
communications returned by the post office. Such statement shall be
sworn or subscribed to and bear a form notice that false statements made
therein are punishable as a class A misdemeanor pursuant to section
210.45 of the penal law. The failure of a local board of elections to
file such a certificate in any year, within the time prescribed, shall
create a presumption that such board of elections did not mail such
communications in such year. Not later than January thirty-first of each
year, the state board of elections shall publish a chart listing, by
county, the numbers contained in the certificates required to be filed
by each local board of elections in December of the previous year
pursuant to the provisions of this subdivision.
Notice of primary election; publication of by board of
elections. 1. Each county board of elections shall publish in the week
ending on the Saturday preceding a primary election a notice specifying
the day of such primary election, the hours during which it will be held
and the public offices for which nominations are to be made and the
party positions which are to be filled at such primary elections. Such
publication shall be in two newspapers published within the county. If
the county contains a city or cities, at least one of such newspapers
shall be published in the city, or the largest city, if there be more
than one.
2. The board of elections of every county containing a city, other
than the board of elections of the city of New York, shall publish on
the day of each primary election, in two newspapers within each city in
such county, representing the major political parties, a list of the
polling places designated within such city, referring to the election
districts by their numbers and wards or assembly districts. Such list
shall identify those polling places which do not provide access to
handicapped voters. If the newspaper is an evening newspaper, such
notice shall be published on the day prior to such primary election. If
in an election district the primary of a party is uncontested, such
notice shall include, in a place where they clearly refer to the proper
district and polling place, the words "........................(insert
name of party) primary uncontested." If in an election district the
primaries of all parties are uncontested, such notice shall include, in
lieu of the address of the polling place, the words "Polls not open. All
primaries uncontested." Such publication in such newspapers by the board
of elections of the city of New York shall be at least one-half page in
size and in lieu of the information otherwise required by this
subdivision, shall set forth both in English and such other languages as
such board deems appropriate the date of the election, the hours the
polls are open and the phone number to call for information about
location of polling places, their accessibility to the handicapped and
any other subjects which such board deems appropriate.
Publication of list of places for registration. 1. The board
or body authorized to designate places for registration in any city,
other than the city of New York, shall publish on each day of
registration a list of the places for registration designated within
such city in two newspapers published in such city. The lists shall
refer to the election districts by their numbers and wards or assembly
districts. Such lists shall identify those polling places which do not
provide access to handicapped voters. The board of elections of the city
of New York shall publish in at least two newspapers in such city, a
notice, at least one-half page in size, in English and such other
languages as such board deems appropriate which shall set forth the
dates and hours of registration and the phone number to call for
information about location of polling places, their accessibility to the
handicapped, applications for early mail and absentee ballots and any
other subjects which such board deems appropriate. So far as is
consistent with the provisions of this section, one of such newspapers
in each such city or, in each county of the city of New York, shall
represent each of the major political parties and shall have a large
circulation affording wide publicity. If the newspaper is an evening
newspaper the notice shall be published on the last day, other than a
Sunday, prior to any such day of registration.
2. The board or body authorized to designate places for registration
in any town may publish within one week next preceding the first day of
registration in a newspaper or newspapers designated by such board or
body, a list of places of registration within such town, a statement of
the days and hours of registration and a brief description of the
boundaries of each election district in the town. Such lists shall
identify those polling places which do not provide access to handicapped
voters. The amount to be paid for any of such publications shall be at
the rate prescribed by section seventy-a of the public officers law. In
no publication, however, shall any type smaller than agate be used. The
amount to be paid for all such publications shall be a town charge.
Notices of general, village and special elections;
publication of. 1. The board of elections shall publish once in each of
the two weeks preceding a general election, or a special or village
election conducted by the board of elections, a notice specifying the
day of the election, and the public officers to be voted for within such
county, or any part thereof at such election. The board of elections
shall, as soon as practicable, but not less than two weeks prior to any
special election, prominently display on its website the date and hours
of the election, the offices to be voted on in the county, part of a
county, or the city of New York, and a link to any poll site information
or poll location tools, where available. Such information shall also be
made available to local governments, municipalities, and community
boards for publication on any public-facing internet website, web
application, web domain or digital application, including a social
network or search engine, to the extent that such publication is
practicable. If constitutional amendments, or questions are to be
submitted to the voters of the state, the notice shall state that fact
and that a copy of each such amendment or question may be obtained at
the board of elections, by any voter. Such publication shall be in two
newspapers published within the county. If the county contains a city or
cities, at least one of such newspapers shall be published in the city,
or the largest city, if there be more than one.
In the case of a village election, such publication shall be made in a
newspaper of general circulation in such village and shall include an
abstract of any proposition to be voted upon at such election.
2. The board or body authorized to designate places for voting in any
town or in any city, except the city of New York, may publish on the
publication day immediately preceding election day, in a newspaper or
newspapers designated by such board or body, a notice of the election,
and the village clerk shall publish at least ten days prior to any
village election conducted by the board of elections in a newspaper of
general circulation in such village a list of the polling places, the
date and hours of election and, at the discretion of such board or
clerk, a brief description of the boundaries of each election district.
Such list shall identify those polling places which do not provide
access to handicapped voters. The amount to be paid for any of such
publications shall be at the rate prescribed by section seventy-a of the
public officers law. In no publication, however, shall any type smaller
than agate be used. The amount to be paid for all such publications
shall be a town, city or village charge.
3. The board of elections of the city of New York shall publish on the
eighth day before and the day before each general election, in at least
two newspapers in such city, a notice, at least one-half page in size,
in English and such other languages as such board deems appropriate,
which sets forth the dates and hours of the election and the phone
number to call for information about the location of polling places,
their accessibility to the handicapped, applications for early mail and
absentee ballots and any other subjects which such board deems
appropriate.
Lists of nomination; publication of by board of elections. 1.
The county board of elections shall publish, at least six days before an
election, a list containing the name of every candidate for public
office to be voted for within its jurisdiction at such election.
2. The candidates for the office of presidential electors shall, in
the list in subdivision one of this section, only be described as a
specific number of such electors, nominated to support the party
candidates, naming them, for the office of president and vice-president.
3. The list described in subdivision one of this section shall be
published at least once in not less than two nor more than four
newspapers in the county. In a county containing a city, at least one
such publication shall be in a daily newspaper published in a city
therein, if there be such a newspaper. In the case of a village election
held at a time other than the time of a general election, such
publication shall be in a newspaper having general circulation in such
village. So far as is consistent with this section, one such newspaper
shall represent each of the major political parties. Should the board of
elections find it impossible to make such publication six days before
election it shall make it at the earliest possible day thereafter before
the election.
Publication of candidate websites. 1. The state board of
elections shall publish on its website the campaign website address
designated by any candidate for governor, lieutenant governor, attorney
general, state comptroller, member of the state senate and member of the
state assembly on the ballot at the next primary, special or general
election, except as provided in subdivision two of this section. Such
candidate may notify the state board of elections of his or her website
address on such candidate's petition cover sheet or in a separate
writing signed by the candidate. Any candidate who does not provide a
website address shall be listed as having not provided a website address
for publication.
2. The state board of elections shall not publish any website address
found to be unrelated to a candidacy for public office. Such denial to
publish a website address shall be reviewed only in a special proceeding
brought by the candidate pursuant to article seventy-eight of the civil
practice law and rules.
3. The state board of elections shall prominently display the
following disclaimer with relation to the list of candidate website
addresses: "The website addresses published here are designated by the
candidate. The state board of elections is not responsible for and
expresses no opinion as to the content of candidate websites."
City of New York; publications within made necessary by this
law. In the city of New York any publication made necessary by any
section of this law shall be made in two newspapers published in each
county or published in the city of New York and having an edition for
any of the respective counties of such city.
Delivery of election laws to clerks, boards and election
officers. 1. The state board of elections, within ten days after the
enactment of any amendment to the election law, shall transmit a copy of
such amendment to each board of elections.
2. The state board of elections shall, prior to each general election,
prepare, and cause to be printed in such formats as the board shall
determine, compilations of the election law. A copy of the full text of
such law shall be transmitted to each board of elections at least once
each year. Additional copies of such text, or portions thereof, shall
be made available to the public upon request.
Supplies; furnished by board of elections or city, town or
village clerk. 1. The board of elections of each county shall provide
the requisite number of official and facsimile ballots, two cards of
instruction to voters in the form prescribed by the state board of
elections, at least one copy of the instruction booklet for inspectors,
a sufficient number of maps, street finders or other descriptions of all
of the polling places and election districts within the political
subdivision in which the polling place is located to enable the election
inspectors and poll clerks to determine the correct election district
and polling place for each street address within the political
subdivision in which the polling place is located, distance markers,
tally sheets and return blanks, pens, pencils, or other appropriate
marking devices, envelopes for the ballots of voters whose registration
poll records are not in the ledger or whose names are not in the
computer generated registration list, envelopes for returns,
identification buttons, badges or emblems for the inspectors and clerks
in the form prescribed by the state board of elections and such other
articles of stationery as may be necessary for the proper conduct of
elections, except that when a town, city or village holds an election
not conducted by the board of elections, the clerk of such town, city or
village, shall provide such official and facsimile ballots and the
necessary blanks, supplies and stationery for such election.
2. If the official ballots required to be furnished by any board or
officer shall not be delivered to such board or officer at the time
required, or if after delivery shall be lost, destroyed or stolen, such
board or officer shall cause other ballots to be prepared as nearly in
the form of the official ballots as practicable, and delivered to the
inspectors of election. Such ballots shall be known as unofficial
ballots. Sample ballots of each kind shall be printed on paper of a
different color from any of the official ballots and without numbers on
the stubs, but in all other respects precisely similar to the official
ballots.
Supplies for registration; manner and time of delivery. 1.
Before it is sent from the office or branch office of the board of
elections, each ledger or binder of blank registration records shall be
locked in a distinctively numbered carrying case. Such board shall place
the key for such carrying case in a sealed envelope on which shall be
written or printed the number of the carrying case. No such case or key
shall be delivered to any person who is not designated in this chapter
as a person entitled to receive it. Any person to whom any such case or
key shall be delivered shall give a receipt therefor to the person
delivering it. Such receipt shall recite the official title or capacity
of the person receiving it and, in each instance, the distinctive number
identifying it. After leaving the board of elections no such case shall
be unlocked except at the time and in the manner provided in this
chapter.
2. a. Except in the cities of New York, Buffalo, and Rochester, the
board of elections shall deliver at its office to each town or city
clerk in its county not more than five days before the beginning of
local registration, the registration record forms, supplies and
equipment required for local registration and such clerks shall deliver
the same to the several boards of inspectors within such town or city
approximately one-half hour before the hour fixed for beginning such
registration.
b. In the cities of New York, Buffalo, and Rochester the board of
elections shall deliver such material to the boards of inspectors at
least one-half hour before the hour fixed for beginning local
registration.
Polling places; equipment for. The board of elections or the
town, city or village clerk, when a town, city or village holds an
election not conducted by the board of elections, shall provide in each
polling place, as required, the following articles:
a. Material to define the voting area.
b. Separate boxes for the purposes of receiving ballots. Such boxes
shall have an opening on the top, large enough to allow a single ballot
to be passed easily through the opening, but no larger, and shall be
supplied with a protective lock or seal.
c. A booth or device in each election district for the use of voters
marking ballots. Such booth or device shall be so constructed as to
permit the voter to mark his or her ballot in secrecy and shall be
furnished at all times with an appropriate marking device.
d. A sufficient number of maps, street finders or other descriptions
of all of the polling places and election districts within the political
subdivision in which the polling place is located to enable the election
inspectors and poll clerks to determine the correct election district
and polling place for each street address within the political
subdivision in which the polling place is located.
Preparation and delivery of ballots, supplies and equipment
for use at elections. 1. The board of elections shall deliver, at its
office, to the clerk of each town or city in the county, except the
cities of New York, Buffalo and Rochester and to the clerk of each
village in the county in which elections are conducted by the board of
elections, by the Saturday before the primary, general, village or other
election for which they are required: the official and sample ballots;
ledgers prepared for delivery in the manner provided in subdivision two
of this section and containing the registration poll records of all
persons entitled to vote at such election in such town, city or village,
or computer generated registration lists containing the names of all
persons entitled to vote at such election in such town, city or village;
challenge reports prepared as directed by this chapter; sufficient
applications for registration by mail; sufficient ledger seals and other
supplies and equipment required by this article to be provided by the
board of elections for each polling place in such town, city or village.
The town, city or village clerk shall call at the office of such board
of elections at such time and receive such ballots, supplies and
equipment. In the cities of New York, Buffalo and Rochester the board of
elections shall cause such ballots, supplies and equipment to be
delivered to the board of inspectors of each election district
approximately one-half hour before the opening of the polls for voting,
and shall take receipts therefor.
2. The board of elections shall provide for each election district a
ledger or ledgers containing the registration poll records or lists with
computer generated facsimile signatures, of all persons entitled to vote
in such election district at such election. Such ledgers shall be
labelled, sealed, locked and transported in locked carrying cases. After
leaving the board of elections no such carrying case shall be unlocked
except at the time and in the manner provided in this chapter.
3. Each kind of official ballot shall be arranged in a package in the
consecutive order of the numbers printed on the stubs thereof beginning
with number one. All official and sample ballots for each election
district shall be in separate sealed packages, clearly marked on the
outside thereof, with the number and kind of ballots contained therein
and indorsed with the designation of the election district for which
they were prepared. The other supplies provided for each election
district also shall be enclosed in a sealed package, or packages, with a
label on the outside thereof showing the contents of each package.
4. All such packages so received and marked for any election district
shall be delivered unopened and with the seals thereof unbroken to the
inspectors of election of such election districts at least one hour
before the opening of the polls of such election therein, who shall give
a receipt therefor specifying the number and kind of packages delivered.
5. Town, city and village clerks required to provide official and
sample ballots, registration records, seals, supplies and equipment, as
described in this section, for town, city and village elections not
conducted by the board of elections, shall in like manner, deliver them
to the inspectors or presiding officers of the election at each polling
place at which such meetings and elections are held, respectively, in
like sealed packages marked on the outside in like manner, and shall
take receipts therefor in like manner.
Election expenses; payment of. 1. Except as provided for in
subdivision two of this section, the expenses of providing polling
places, voting booths, supplies therefor, ballot boxes and other
furniture for the polling place for any election, including the storage,
transportation and maintenance of voting machines, appliances and
equipment or ballot counting devices, and the compensation of the
election officers in each election district, shall be a charge upon the
county in which such election district is situated, except in the city
of New York where such expenses shall be a charge upon the city of New
York.
2. All expenses incurred under this chapter by the board of elections
of a county outside of the city of New York shall be a charge against
the county and in the city of New York the expenses of the board of
elections shall be a charge against such city. The expenses incurred by
the board of elections of a county outside the city of New York may,
pursuant to section 3-226 of this chapter, be apportioned among the
cities and towns therein, or in the case of a village election held
other than at the time of the fall primary or general election,
apportioned to such villages therein.
3. In the city of New York all leased or purchased equipment,
supplies, ballots, printing and publications, except newspaper notices
and advertisements, to be used or furnished by such board, may be
procured for it by the purchasing department or agency of such city as
if such board were an agency of such city. Such board shall comply with
the rules and regulations of the New York city procurement policy board
and applicable state law.
Expenses of boards of elections outside New York City;
apportionment of. The board of elections in each county, outside of the
city of New York, on or before the fifteenth day of December and not
earlier than the first day of October, in each year, shall certify to
the clerk of the legislative body of the county, the total amount of the
expenses of such board of elections, including salaries for the
preceding year, and, if the legislative body of any county shall so
direct, shall certify to such clerk the portions of such expenses which
under provisions of law are to be borne by any city or cities in said
county and the portion thereof which is to be borne by the rest of such
county. Whenever any additional expenses either for salaries or supplies
in addition to the regular county-wide primary and election expenses are
incurred by a board of elections incidental to any election in any city,
town or village, such board of elections shall certify to the county
legislative body a detailed statement of such expenses.
ARTICLE 5 Registration and Enrollment of Voters
TITLE 1 General Provisions
Registration; required. A person shall not be entitled to
vote in any election held pursuant to this chapter unless he shall be
registered, and if required, enrolled pursuant to the provisions of this
article unless he shall present a court order directing that he be
permitted to vote at such election. Where a specific provision of law
relating to the registration of voters exists in any other statute,
which is inconsistent with the provisions of this article, such
provision shall apply and the provisions of this article not
inconsistent therewith shall apply.
Qualifications of voters; age and residence. 1. No person
shall be qualified to register for and vote at any election unless he is
a citizen of the United States and is or will be, on the day of such
election, eighteen years of age or over, and a resident of this state
and of the county, city or village for a minimum of thirty days next
preceding such election.
2. The provisions herein with respect to a durational residency
requirement for purposes of qualifying to vote shall not prohibit United
States citizens otherwise qualified, from voting for president and vice
president of the United States.
3. A person who is pre-registered to vote pursuant to section 5-507 of
this article, and who is or will be eighteen years of age or over on the
day of such election at the time such ballot is cast and counted, shall
be considered a qualified voter for the purposes of absentee voting and
early mail voting as set forth in titles four and seven of article eight
of this chapter.
Qualifications of voters; residence, gaining or losing. 1.
For the purpose of registering and voting no person shall be deemed to
have gained or lost a residence by reason of his presence or absence
while employed in the service of the United States, nor while engaged in
the navigation of the waters of this state, or of the United States, or
of the high seas; nor while a student of any institution of learning;
nor while kept at any welfare institution, asylum or other institution
wholly or partly supported at public expense or by charity; nor while
confined in any public prison.
2. In determining a voter's qualification to register and vote, the
board to which such application is made shall consider, in addition to
the applicant's expressed intent, his conduct and all attendant
surrounding circumstances relating thereto. The board taking such
registration may consider the applicant's financial independence,
business pursuits, employment, income sources, residence for income tax
purposes, age, marital status, residence of parents, spouse and
children, if any, leaseholds, sites of personal and real property owned
by the applicant, motor vehicle and other personal property
registration, and other such factors that it may reasonably deem
necessary to determine the qualification of an applicant to vote in an
election district within its jurisdiction. The decision of a board to
which such application is made shall be presumptive evidence of a
person's residence for voting purposes.
Qualifications of voters; reasons for exclusion.
1. No person who shall receive, accept, or offer to receive, or pay,
offer or promise to pay, contribute, offer or promise to contribute to
another, to be paid or used, any money or any other valuable thing as a
compensation or reward for the giving or withholding a vote at an
election, or for registering or refraining from registering as a voter,
or who shall make any promise to influence the giving or withholding of
any such vote or registration, or who shall make or become directly or
indirectly interested in any bet or wager depending upon the result of
an election, shall vote at such election.
2. No person who has been convicted of a felony and sentenced to a
period of imprisonment for such felony pursuant to the laws of this
state, shall have the right to register for or vote at any election
while he or she is incarcerated for such felony.
3. No person who has been convicted in a federal court, of a felony,
or a crime or offense which would constitute a felony under the laws of
this state, and sentenced to a period of imprisonment for such felony,
shall have the right to register for or vote at any election while he or
she is incarcerated for such felony.
4. No person who has been convicted in another state for a crime or
offense which would constitute a felony under the laws of this state and
sentenced to a period of imprisonment for such felony, shall have the
right to register for or vote at any election in this state while he or
she is incarcerated for such felony.
5. The provisions of subdivisions two, three and four of this section
shall not apply if the person so convicted is not sentenced to either
death or imprisonment, or if the execution of a sentence of imprisonment
is suspended.
6. No person who has been adjudged incompetent by order of a court of
competent judicial authority shall have the right to register for or
vote at any election in this state unless thereafter he shall have been
adjudged competent pursuant to law.
TITLE 2 Registration and Enrollment
Local registration; provision for. 1. The board of inspectors
for every election district shall meet for the purpose of taking the
registration of voters not earlier than the sixth Saturday or later than
the fourth Saturday before each general election. During such period, in
the city of New York and in counties having a population of three
hundred thousand or more, the board shall hold two meetings each year,
including at least one on a Saturday. During such period, in all other
counties, the board shall hold one meeting each year, on a Saturday,
except that in years in which a president of the United States is to be
elected, the board shall hold two such meetings, including at least one
on a Saturday. If the polling place of an election district is located
in a building owned by a religious organization or used by it as a place
of worship, the building will not be required to be open for voter
registration on any Saturday if this is contrary to the religious
beliefs of the religious organization. The dates of such meetings and
any additional meetings that the board of elections may, in its
discretion, direct to be held shall be determined by the board of
elections except that no such meeting shall be held on the religious
holidays of Yom Kippur, Rosh Hashana, Simchas Torah, Shmini Atzereth or
Succoth. The board of elections shall also determine the hours for
conducting all such meetings, provided, however, that there shall be not
less than seven consecutive hours for registration on a Saturday and not
less than three and one-half consecutive hours on any other meeting day.
The days and hours of registration shall be uniform throughout the
county and in the city of New York throughout the city, and meetings
shall begin not earlier than six o'clock in the morning and continue not
later than half-past ten o'clock in the evening and no Saturday meeting
shall end before nine o'clock in the evening.
2. Local registration shall always be received by two members of the
local board of inspectors, representing respectively the two political
parties as provided herein for the appointment of inspectors.
3. The last day of local registration shall be uniform throughout the
state and such registration day shall be designated by the state board
of elections not later than the first day of June preceding the general
election in each year. Such statewide registration day shall be one of
the registration days hereinabove provided in this section, provided,
however, that in any year in which presidential and vice-presidential
electors are to be elected such day shall not be more than thirty days
before the general election. If the polling place of an election
district is located in a building owned by a religious organization or
used by it as a place of worship, the building will not be required to
be open for voter registration on a Saturday if this is contrary to the
religious beliefs of the religious organization.
4. Each board of elections shall make and file in its office and with
the state board of elections a determination as to the dates and hours
for local registration not later than the tenth day of July next
preceding the general election in each year, and shall publish such
dates and hours at least once in the two week period preceding the first
day of such registration. Such publication shall be in two newspapers
published within the county. If the county contains a city or cities, at
least one of such newspapers shall be published in the city, or the
largest city, if there be more than one.
5. Notwithstanding any inconsistent provision of this chapter, in any
year the board of elections may provide that a single place and a single
board of inspectors shall be used for taking the local registration of
two or more election districts provided that such board shall find that
more than one-half the anticipated registrants in such districts are
already registered permanently. In cities, notice of such action shall
be published with the list of registration places as provided in this
chapter. In towns, the board of elections shall cause notice of such
action with the location of the registration place designated for such
election district to be posted in five conspicuous public places within
each affected election district or to be published in the manner
provided by this chapter for the optional publication of places of
registration. In all cases where notice is given by publication, the
board of elections shall cause notice of such action, with the location
of the registration place designated for such election district to be
posted, on the days of registration, at the entrance to the regular
polling place for each affected election district.
6. Notwithstanding any provision of law to the contrary, any board of
elections, and in the city of New York, the board of elections of the
city of New York, may, by resolution adopted not later than the first
day of July in any year, except a year in which presidential and vice
presidential electors are to be elected, provide that no meeting for
local registration shall be held in the county or the city of New York.
If a board of elections or the board of elections of the city of New
York adopts a resolution eliminating meetings for local registration,
such resolution shall remain in effect for such year and each succeeding
year, except years in which presidential and vice presidential electors
are to be elected, unless it is thereafter repealed by a resolution
adopted at least sixty days prior to the first day for holding local
registrations as provided for under the provisions of this article.
Local registration; general provisions for the conduct of.
1. At the opening of each place of registration on each day of local
registration the board of inspectors shall:
a. See that the American flag is displayed.
b. Cause the election district map or maps, or certified description
thereof, to be posted conspicuously in the registration place.
c. Check to see that all necessary supplies are available in order to
properly conduct registration.
d. Affix or attach to their clothing the proper identification,
buttons, badges or emblems issued by the board of elections pursuant to
the provisions of this chapter. They shall wear no other buttons, badges
or emblems which are similar in design.
3. a. The inspectors of election in receiving registrations shall, by
printing in ink, fill out the registration poll record and the central
file registration record.
b. If the applicant's name does not appear on the list of registered
voters and if the applicant is not challenged, and he is found by the
inspectors of election to be otherwise qualified, they shall complete
his registration as provided herein.
c. If the person's name appears on the list of registered voters and
he is residing at the same address as set forth therein, his
registration shall be refused as unnecessary.
d. If the applicant's name appears on the list of cancelled
registrations, the inspectors of election shall ascertain from such list
the reason for cancellation, and if satisfied that the reason for
cancellation no longer exists shall register the applicant.
e. If the inspectors of election shall refuse to receive a
registration for any reason, they need not complete the registration
records. They, however, shall enter the applicant's name and address on
the applicant's records, shall mark the word "Refused", and insert the
reason for such refusal in the remarks section on each of such
registration records. In any such case, they shall inform the applicant
of such reason, and advise the applicant of his right to appeal to the
board of elections for review of its decision.
f. If an applicant is challenged after the inspectors of election have
commenced to take his registration and if such applicant refuses to take
the challenge oath as prescribed by this article, or to answer a
question appearing on the challenge affidavit, they shall not complete
his registration and shall insert in the remarks section of his
registration records the words "Challenge Oath Refused" or "Challenge
Question Not Answered".
g. After completing the registration forms the inspectors of election
shall require the applicant to sign the two registration records in the
spaces provided for his signature at the time of registration.
h. After securing the voter's signatures, the two inspectors by whom
the registration is taken shall sign the records in the spaces provided.
k. If an applicant has removed from his residence but is still
eligible to vote from that address for a reason enumerated in this
chapter, the inspectors shall require him to execute a statement of
temporary absence.
l. If an applicant for registration presents a court order directing
that he be registered, the board shall register him, enter the words
"Court Order" in the remarks space on the face of each of his
registration records, write his new registration serial number on the
top of the first page of such order and return such order to the board
of election with the executed certificates and forms.
4. The inspectors shall distribute to the voters applying for
registration copies of the ballot proposals to be submitted to the
voters at the ensuing election.
5. An inspector shall not remove or permit to be removed any
registration record or blank from the locked ledger in which it is filed
or to insert or permit to be inserted any such record or blank in such
ledger. If a registration record blank is mutilated or voided or for any
reason cannot be used, the board shall mark "Void" across the face of
such blank and the blank of the same number in the other ledger of the
same set.
6. The map or maps furnished in cities shall be posted in the polling
place on the days of local registration.
7. There shall be no smoking in any place of registration in a church
or school.
8. The inspectors shall act as a board and a majority of them shall
decide questions.
9. While the polls are open no person shall do any electioneering
within the polling place, or within a one hundred foot radial measured
from the entrances, designated by the inspectors of election, to a
building where the registration is being conducted. No political banner,
poster or placard shall be allowed in or upon the place of registration
during any day of registration. Where an oath is required or permitted
by this article at any meeting for registration, any inspector may
administer it. The inspectors, and each of them, shall preserve good
order within and around the place of registration and keep access
thereto unobstructed. The board or any member thereof by order in
writing may direct the arrest of any person refusing to obey the lawful
commands of the inspectors, or guilty of disorderly conduct disturbing
their proceedings, or violating, or attempting to violate, any of the
provisions of this chapter. Any police officer or peace officer, who is
acting pursuant to his special duties, or any person designated by the
board shall execute the order.
10. Persons entitled to register who are on line, or in the polling
place, at or before the time fixed by law for closing of registration,
shall be allowed to register.
Watchers. 1. Each political party or independent body duly
nominating or entitled to nominate candidates for offices to be filled
at the election may, by a writing signed by the duly authorized chairman
or secretary of the county, city, town or village committee of such
political party or independent body, and delivered to and filed with one
of the inspectors of election, appoint not more than two watchers to
attend any meeting or meetings of the inspectors for an election
district held for the registration of voters thereof.
2. Each watcher must be a qualified voter of the city or county in
which he is to serve. Such watchers may be present at such place of
registration from at least fifteen minutes before the commencement of
such meeting until after the completion of the duties of the board of
inspectors for that day of registration. Any watcher may examine any
challenge list furnished by the board of elections.
Transfer of registration and enrollment. 1. The board of
elections shall transfer the registration and enrollment of any voter
appearing on a statewide voter list pursuant to subdivision one of
section 5-614 of this article for whom it receives a notice of change of
address to another address in New York state, or for any voter who
submits a ballot in an affidavit ballot envelope which sets forth such a
new address. Such notices shall include, but not be limited to, notices
received from any state agency which conducts a voter registration
program pursuant to the provisions of sections 5-211 and 5-212 of this
title, that the voter has notified such agency of a change of address in
New York state unless the voter has indicated that such change of
address is not for voter registration purposes, notices of change of
address from the United States Postal Service through the National
Change of Address System, any notices of a forwarding address on mail
sent to a voter by the board of elections and returned by the postal
service, national or state voter registration forms, confirmation
mailing response cards, United States Postal Service notices to
correspondents of change of address, applications for registration from
persons already registered in New York state, or any other notices to
correspondents sent to the board of elections by such voters.
2. Upon receipt of such a notice, the board shall compare the
signature (if any) and other information with the signature and other
information on the registration record on file. If such signature and
other information appears to be correct, the board shall change the
address of the voter in all the records of such board.
3. If such a notice is received at least fifteen days before a
primary, special or general election, such change of address must be
completed before such election.
4. If such application for registration from a voter already
registered in New York state also reflects a change of enrollment, the
board of elections shall treat such application as an application for
change of enrollment pursuant to section 5-304 of this article.
5. As soon as practicable, after it transfers a voter's registration,
the board of elections shall send the voter, by forwardable first class
or return postage guaranteed mail, a notice advising him of the transfer
in a form which is similar to the notice sent to new registrants
pursuant to the provisions of section 5-210 of this title and which has
been approved by the state board of elections. If the notice of change
of address did not contain the voter's signature, such notice shall
include a postage paid return card, in a form prescribed by the state
board of elections, on which the voter may notify the board of elections
of any correction of address, together with a statement on such notice
and on the return card that the voter should return such card only if
the address to which the notice was sent is not the voter's current
address.
6. If a notice sent pursuant to subdivision five of this section is
returned by the postal service as undeliverable and without a forwarding
address, the board of elections shall return the registration of such
voter to the original address, send such voter a confirmation notice
pursuant to the provisions of subdivision one of section 5-712 of this
title and place such voter in inactive status.
7. The board of elections shall preserve such notices of change of
address for as long as registration records are otherwise required to be
preserved or, if the computer readable records maintained by the board
of elections include a complete copy of such notice, the board shall
preserve the original notice for a period of at least two years or such
longer period as the state board of elections may require.
8. If the board of elections receives notice of a change of address
within New York state from, or with respect to, a person who it
determines is not registered in New York state, it shall forthwith send
such person a notice to that effect in a form approved by the state
board of elections at the new address set forth in such notice of change
of address, together with a voter registration form.
9. The state board of elections shall promulgate regulations as to the
procedures for transferring a voter from one county to another.
Registration and enrollment and change of enrollment upon
application. 1. In addition to local registration and veterans' absentee
registration as provided in this chapter, any qualified person may apply
personally for registration and enrollment, change of enrollment by mail
or by appearing at the board of elections on any day, except a day of
election, during the hours that such board of elections is open for
business.
2. (a) Application forms for use pursuant to this section shall be
furnished by a county board of elections to any person requesting such
form. Application forms sent outside of the United States to a country
other than Canada or Mexico, shall be sent airmail. Each county board of
elections shall also cause such application forms to be as widely and
freely distributed as possible.
(b) The board of elections shall mail an application for registration
by mail and information on how the person may re-register to each person
for whom it receives notice pursuant to the provisions of subdivision
four of section 5-402 of this article that such person has moved into
such city or county unless such person is already registered from the
address listed in such notice.
3. Completed application forms, when received by any board of
elections and, with respect to application forms promulgated by the
federal election commission, when received by the state board of
elections, or showing a dated cancellation mark of the United States
Postal Service or contained in an envelope showing such a dated
cancellation mark which is not later than the fifteenth day before the
next ensuing primary, general or special election, and received no later
than the tenth day before such election, or delivered in person to such
board of elections not later than the tenth day before such election,
shall entitle the applicant to vote in such election and to have the
applicant's vote canvassed in accordance with this chapter, if the
applicant is otherwise qualified, provided, however, such applicant
shall not vote on a voting machine until their identity is verified. Any
board of elections receiving an application form from a person who does
not reside in its jurisdiction but who does reside elsewhere in the
state of New York, shall electronically forward such application form to
the proper board of elections on the same day it is received. Each board
of elections shall make an entry on each such form of the date it is
received by such board.
4. Any qualified person who has been honorably discharged from the
military after the twenty-fifth day before a general election, or who
has a qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from the military after the twenty-fifth day before a
general election, or who is a discharged LGBT veteran, as defined in
section one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable from the military after the
twenty-fifth day before a general election, or who has become a
naturalized citizen after the twenty-fifth day before a general election
may personally register at the board of elections in the county of their
residence and vote in the general election held at least ten days after
such registration.
5. Statewide application forms shall be designed by the state board of
elections, which shall conform to the requirements for the national
voter registration form in the rules and regulations promulgated by the
federal election commission and the federal Help America Vote Act, and
shall elicit the information required for the registration poll record.
The form shall include such other information as the state board of
elections may reasonably require to enable the board of elections to
assess the eligibility of the applicant and to administer voter
registration and other parts of the election process and shall also
include the following information:
(a) Notice that those voters currently registered do not need to
reregister unless they have moved outside of the city or county in which
they were registered.
(b) Instructions on how to fill out and submit the form and that the
form must be received by any county board of elections at least ten days
prior to the election at which the applicant may vote, and if mailed,
must be postmarked at least fifteen days prior to the election at which
the applicant may vote.
(c) Notice that registration and enrollment is not complete until the
form is received by the appropriate county board of elections.
(d) Notice of a voter's right to register locally.
(e) A warning that it is a crime to procure a false registration or to
furnish false information to the board of elections.
(f) Notice that political party enrollment is optional but that, in
order to vote in a primary election of a political party, a voter must
enroll in that political party, unless state party rules allow
otherwise.
(g) Notice that the applicant must be a citizen of the United States,
is at least sixteen years old when they submit an application to
register to vote which will be effective for elections occurring on or
after the applicant turns eighteen years of age and a resident of the
county or city to which application is made.
(h) Notice that a voter notification form will be mailed to each
applicant whose completed form is received.
(i) The telephone number of the county board of elections and a toll
free number at the state board of elections that can be called for
answers to registration questions.
(j) A space for the applicant to indicate whether or not the voter is
willing to serve on election day for a board of elections as an election
inspector, poll clerk, interpreter or in other capacities.
(k) The form shall also include space for the following information,
which must be contained on the inside of the form after it is folded for
mailing:
(i) A space for the applicant to indicate whether or not they have
ever voted or registered to vote before and, if so, the approximate year
in which such applicant last voted or registered and their name and
address at the time.
(ii) The name and residence address of the applicant including the zip
code and apartment number, if any.
(iii) A space for the furnishing of an e-mail address, the furnishing
of which shall be optional, together with a notice stating that if an
e-mail address is furnished, all notices and communications otherwise
required to be sent by the state board of elections to the voter by
postal mail shall be sent by e-mail in addition to postal mail. County
boards of elections and the board of elections of the city of New York
shall have the option of sending notices and communications otherwise
required to be sent to the voter by postal mail by e-mail in addition to
postal mail if the voter furnishes an email address.
(iv) The date of birth of the applicant.
(v) A space for the applicant to indicate their driver's license or
department of motor vehicles non-driver photo ID number or the last four
digits of their social security number or, if the applicant does not
have either such number, a space for the applicant to indicate they do
not have either.
(vi) A space for the applicant to indicate whether or not they are a
citizen of the United States and the statement "If you checked "no" in
response to this question, do not complete this form."
(vii) A space for the applicant to answer the question "Will you be 18
years of age on or before election day?" and the statement "If you
checked "no" in response to this question, do not complete this form
unless you will be 18 by the end of the year."
(viii) A statement informing the applicant that if the form is
submitted by mail and the applicant is registering for the first time,
certain information or documents must be submitted with the mail-in
registration form in order to avoid additional identification
requirements upon voting for the first time. Such information and
documents are:
(A) a driver's license or department of motor vehicles non-driver
photo ID number; or
(B) the last four digits of the individual's social security number;
or
(C) a copy of a current and valid photo identification; or
(D) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.
(ix) The gender of the applicant (optional).
(x) A space for the applicant to indicate their choice of party
enrollment, with a clear alternative provided for the applicant to
decline to affiliate with any party.
(xi) The telephone number of the applicant (optional).
(xii) A place for the applicant to execute the form on a line which is
clearly labeled "signature of applicant" preceded by the following
specific form of affirmation:
AFFIDAVIT: I swear or affirm that:
* I am a citizen of the United States.
* I will have lived in the county, city, or village for at least 30
days before the election.
* I meet all the requirements to register to vote in New York
State.
* This is my signature or mark on the line below.
* All the information contained on this application is true. I
understand that if it is not true I can be convicted and fined up
to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
(xiii) A space for the applicant to register in the New York state
donate life registry for organ and tissue donations established pursuant
to section forty-three hundred ten of the public health law.
(l) The mail voter registration application form developed by the
federal election commission pursuant to the provisions of section nine
of the National Voter Registration Act of 1993 42 USC 1973gg-7 shall be
deemed to meet the requirements of this section. Any application for
registration received on such an application form shall be accepted if
the applicant is otherwise eligible to register to vote pursuant to the
provisions of this article. A voter whose registration is accepted
pursuant to the provisions of this paragraph shall be permitted to
furnish an e-mail address to the board of elections, which furnishing
shall carry the same notice and have the same effect as provided by
subparagraph (iii) of paragraph (k) of this subdivision.
(m) The form of affidavit prescribed by the state board of elections
for requests for affidavit ballot pursuant to subdivision three of
section 8-302 of this chapter shall be deemed to meet the requirements
of this section. Any application for registration received on the form
of affidavit shall be accepted if the applicant is otherwise eligible to
register to vote pursuant to the provisions of this article, however the
failure to complete the voter registration application appearing on such
affidavit envelope shall not otherwise invalidate the affidavit ballot.
6. A person who willfully makes a material false statement in any
application for registration and enrollment and/or transfer of
registration and enrollment or special enrollment by mail, or who
knowingly makes a false affirmation, or who offers or attempts to offer
any application for registration and enrollment or transfer of
registration and enrollment or special enrollment knowing that the
applicant is not qualified to register or enroll, or transfer their
registration and enrollment or to specially enroll, shall be guilty of a
class E felony.
7. Each county board of elections shall deliver a sufficient number of
such uniform statewide application forms to each local post office
within its county and keep such post office so supplied, with the
request that the postmaster thereof make them available to the public
for its use in participating in the electoral process.
8. Upon its receipt by the county board of elections, each application
form shall be reviewed and examined by such board. If the application
shall contain substantially all the required information indicating that
the applicant is legally qualified to register and/or enroll as stated
in their application, the county board of elections shall transfer all
information on such application to the appropriate registration records.
If requested by any member of the board, the application form of any
voter, or group of voters, must be reviewed and examined by two such
board members or two employees of the board representing different
political parties. Such members or employees shall place their initials
or other identifying information on the registration poll record of such
voter or on a computer generated list of such registrations. Such lists
shall be preserved in the same manner, and for the same time, as such
registration poll records. If the application indicates that the voter
does not have a driver's license or department of motor vehicles
non-driver photo ID number or a social security number, the state board
of elections shall, upon the transmission of voter information to the
statewide voter registration list as required by section 5-614 of this
article, assign such voter a unique identifier.
9. The county board of elections shall, as soon as practicable and in
any event, not later than seven days after receipt by it of the
application, verify the identity of the applicant. In order to do so,
the county board of elections shall utilize the information provided in
the application and shall attempt to verify such information with the
information provided by the department of motor vehicles, social
security administration and any other lawful available information
source. If the county board of elections is unable to verify the
identity of the applicant within seven days of the receipt of the
application, it shall immediately take steps to confirm that the
information provided by the applicant was accurately utilized by such
county board of elections, was accurately verified with other
information sources and that no data entry error, or other similar type
of error, occurred. Following completion of the preceding steps, the
county board of elections shall mail (a) a notice of its approval, (b) a
notice of its approval which includes an indication that such board has
not yet been able to verify the identity of the applicant and a request
for more information so that such verification may be completed, or (c)
a notice of its rejection of the application to the applicant in a form
approved by the state board of elections. Notices of approval, notices
of approval with requests for more information or notices of rejection
shall be sent by nonforwardable first class or return postage guaranteed
mail on which is endorsed such language designated by the state board of
elections to ensure postal authorities do not forward such mail but
return it to the board of elections with forwarding information, when it
cannot be delivered as addressed and which contains a request that any
such mail received for persons not residing at the address be dropped
back in the mail. The voter's registration and enrollment shall be
complete upon receipt of the application by the appropriate county board
of elections. The failure of a county board of elections to verify an
applicant's identity shall not be the basis for the rejection of a
voter's application, provided, however, that such verification failure
shall be the basis for requiring county board of elections to take the
additional verification steps provided by this chapter. The notice shall
also advise the registrant of the date when their registration and
enrollment is effective, of the date and the hours of the next regularly
scheduled primary or general election in which such registrant will be
eligible to vote, of the location of the polling place of the election
district in which such registrant is or will be a qualified voter,
whether such polling place is accessible to physically handicapped
voters, an indication that any registered voter may vote early by mail
and information on how to obtain an early mail ballot, that physically
handicapped voters or voters who are ill or voters who will be out of
the city or county on the day of the primary or general election, may
obtain an absentee ballot and the phone number to call for absentee
ballot applications, the phone numbers to call for location of polling
places, to obtain registration forms and the phone number to call to
indicate that the voter is willing to serve on election day as an
inspector, poll clerk or interpreter. The notice of approval, notice of
approval with request for more information or notice of rejection shall
also advise the applicant to notify the board of elections if there is
any inaccuracy. The form of such mail notification shall be prescribed
by the state board of elections and shall contain such other information
and instructions as it may reasonably require to carry out the purposes
of this section. The request for more information shall inform the voter
that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND CORRECT ANY
INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL
INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN
ORDER TO CAST A VOTE ON A VOTING MACHINE." If such notice is returned
undelivered without a new address, the board shall forthwith send such
applicant a confirmation notice pursuant to the provisions of section
5-712 of this article and place such applicant in inactive status. The
state board of elections shall prepare uniform notices by this section
as provided for in subdivision eight of section 3-102 of this chapter.
10. If the board of elections has been unable to verify the identity
of the applicant within forty-five days of the application, the board
shall mail a second request for more information to the applicant. This
notice shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF
ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE
REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR
IDENTIFICATION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING
MACHINE." If the board of elections remains unable to verify the
identity of the voter it shall so indicate with a notation next to the
voter's name in the registration list. Such a voter may provide
information to assist the county board to verify their identity at any
time and such notation shall be removed by the board of elections upon
such verification.
11. If the county board of elections suspects or believes that for any
reason the applicant is not entitled to registration and enrollment, it
shall make inquiry in reference thereto. If the board of elections shall
find that the applicant is not qualified to register and enroll, the
application shall be rejected and the applicant notified of such
rejection and the reason therefor, no later than seven days before the
day of the first primary or general election occurring at least ten days
after the filing of the application.
12. Whenever the county board of elections is not satisfied from an
examination of an application for registration and enrollment, or after
its initial inquiry, that the applicant is entitled to such registration
or enrollment, it may order an investigation through any officer or
employee of the state or county board of elections, police officer,
sheriff or deputy sheriff.
13. An affidavit or a signed statement by any officer or employee of
the state or county board of elections or any police officer, sheriff or
deputy sheriff, that such person visited the premises claimed by the
applicant as their residence and interrogated an incarcerated
individual, house-dweller, keeper, caretaker, owner, proprietor or
landlord thereof or therein as to such applicant's residence therein or
thereat, and that they were informed by one or more such persons, naming
them, that they knew the persons residing upon such premises and that
the applicant did not reside upon such premises as set forth in their
application, shall be sufficient authority for a determination by the
board that the applicant is not entitled to registration or enrollment;
but this provision shall not preclude the board from making such other
determination, as the result of other inquiry, as it may deem
appropriate.
14. Notwithstanding the entry by the county board of elections on the
registration poll record of the information contained on an application
form prescribed by this section, such entry shall not preclude the
county board of elections from subsequently rejecting the application if
it is not satisfied that the applicant is entitled to register and
enroll as provided by this section, provided that the applicant is
notified of such rejection and reasons therefor no later than seven days
before the day of the first primary or general election occurring at
least ten days after the filing of such application form.
15. a. The county board of elections shall keep a record of
applications for registration as they are received and at least once
each month, shall, upon request of the chairman of a political party in
the county, give such chairman a complete list of the persons whose
applications were approved together with their addresses and telephone
numbers, and their election and assembly districts or wards, if any.
b. Not more than four times a year, on dates determined by the state
board of elections, the county board of elections shall send to the
chairman of each political party in the county a complete list of the
persons whose applications were approved together with their addresses,
their election and assembly districts or wards, if any, their party
enrollments and an indication of whether such persons are eligible to
vote in the primary elections to be held in that calendar year. Not more
than twice a year, in even numbered years, on dates determined by the
state board of elections, the county board of elections shall send a
copy of such list to the state board of elections. In counties of over
one hundred thousand population, each such list shall be, and in other
counties each such list may be, cumulative and include the names of all
such persons whose names do not appear in the annual enrollment lists
last published by such board of elections, together with an indication
of which such names did not appear on the previous list. Such lists may
also include the names of those persons whose names do appear in the
annual enrollment lists. Such lists shall be arranged in the same manner
as the annual enrollment lists. Additional copies of such lists shall be
available to the public at a charge not exceeding the cost of
publication or reproduction.
Agency assisted registration. Each agency designated as a
participating agency under the provisions of this section shall
implement and administer a program of distribution of voter registration
forms pursuant to the provisions of this section. The following offices
which provide public assistance and/or provide state funded programs
primarily engaged in providing services to persons with disabilities are
hereby designated as voter registration agencies: designated as the
state agencies which provide public assistance are the office of
children and family services, the office of temporary and disability
assistance and the department of health. Also designated as public
assistance agencies are all agencies of local government that provide
such assistance. Designated as state agencies that provide programs
primarily engaged in providing services to people with disabilities are
the department of labor, office for the aging, department of veterans'
services, office of mental health, office of vocational and educational
services for individuals with disabilities, commission on quality of
care for the mentally disabled, office for people with developmental
disabilities, commission for the blind, office of addiction services and
supports, the office of the advocate for the disabled and all offices
which administer programs established or funded by such agencies.
Additional participating agencies designated as voter registration
offices are the department of state and the district offices of the
workers' compensation board. Such agencies shall be required to offer
voter registration forms to persons upon initial application for
services, renewal or recertification for services and upon change of
address relating to such services. Such agencies shall also be
responsible for providing assistance to applicants in completing voter
registration forms, receiving and transmitting the completed application
form from all applicants who wish to have such form transmitted to the
appropriate board of elections. The state board of elections shall,
together with representatives of the United States department of
defense, develop and implement procedures for including recruitment
offices of the armed forces of the United States as voter registration
offices when such offices are so designated by federal law. The state
board of elections shall also make request of the United States
Citizenship and Immigration Services to include applications for
registration by mail with any materials which are given to new citizens.
1. The state board of elections shall adopt such rules and regulations
as may be necessary to carry out the requirements of this section and
shall prepare and distribute to participating agencies written
instructions as to the implementation of the program and shall be
responsible for establishing training programs for employees of
participating agencies involved in such program. The state board of
elections shall provide a toll free telephone to answer registration
questions.
2. Strict neutrality with respect to a person's party enrollment shall
be maintained and all persons seeking voter registration forms and
information shall be advised that government services are not
conditioned on being registered to vote. No statement shall be made nor
any action taken to discourage the applicant from registering to vote.
3. If a participating agency provides services to a person with a
disability at the person's place of residence, the agency shall offer
the opportunity to complete a voter registration form at such place of
residence.
4. Each participating agency shall provide to each applicant who does
not decline to register to vote the same degree of assistance with
regard to the completion of the registration application form as is
provided by the agency with regard to the completion of its own form
unless the applicant refuses such assistance.
5. Employees of a voter registration agency who provide voter
registration assistance shall not:
(a) seek to influence an applicant's political preference or party
designation;
(b) display any political preference or party allegiance;
(c) make any statement to an applicant or take any action the purpose
or effect of which is to discourage the applicant from registering to
vote; or
(d) make any statement to an applicant or take any action the purpose
or effect of which is to lead the applicant to believe that a decision
to register or not to register has any bearing on the availability of
services or benefits.
6. The state board of elections shall coordinate and monitor the
distribution of voter registration forms by those state agencies,
departments, divisions and offices selected to participate in the
program to maximize the efficient and non partisan distribution of voter
registration information and forms. The board shall also adopt such
rules and regulations as may be necessary to require county boards and
participating agencies to provide the state board with such information
and data as the board deems necessary to assess compliance with this
section and to compile such statistics as may be required by the federal
elections commission.
7. Each participating agency, department, division and office that
makes available voter registration forms shall prominently display
promotional materials designed and approved by the state board of
elections, informing the public of the existence of voter registration
services.
8. Each participating agency, department, division or office that
makes available voter registration forms pursuant to this section shall
offer with each application for the services or assistance of such
agency, department, division or office and with each recertification,
renewal or change of address form relating to such service or
assistance, a registration form together with instructions relating to
eligibility to register and for completing the form except that forms
used by the department of social services for the initial application
for services, renewal or recertification for services and change of
address relating to such services shall physically incorporate a voter
registration application in a fashion that permits the voter
registration portion of the agency form to be detached therefrom. Such
voter registration application shall be designed so as to ensure the
confidentiality of the source of the application. Included on each
participating agency's application for services or assistance or on a
separate form shall be:
(a) the question, "If you are not registered to vote where you live
now, would you like to apply to register here today?"
(b) The statement, "applying to register or declining to register to
vote will not affect the amount of assistance that you will be provided
by this agency."
(c) boxes for the applicant to check to indicate whether the applicant
would like to register or decline to register to vote.
(d) the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME."
(e) the statement, "If you would like help in filling out the voter
registration application form, we will help you. The decision whether to
seek or accept help is yours. You may fill out the application form in
private."
(f) the statement, "If you believe that someone has interfered with
your right to register or decline to register to vote, your right to
privacy in deciding whether to register or in applying to register to
vote, or your right to choose your own political party or other
political preference, you may file a complaint with the state board of
elections (address and toll free telephone number)."
(g) a toll free number at the state board of elections that can be
called for answers to registration questions.
9. Disclosure of voter registration information, including a
declination to register, by a participating agency, its agents or
employees, for other than voter registration purposes, shall be deemed
an unwarranted invasion of personal privacy pursuant to the provisions
of subdivision two of section eighty-nine of the public officers law and
shall constitute a violation of this chapter.
10. The form containing the declination to register to vote shall be
retained by the recipient agency for the same period of time as such
agency retains the accompanying application for services or for such
shorter period of time as may be approved by the state board of
elections.
11. The participating agency shall transmit the completed applications
for registration and change of address forms to the appropriate board of
elections not later than ten days after receipt except that all such
completed applications and forms received by the agency after the
twentieth day prior to an election and by the twelfth day before such
election shall be transmitted in such manner and at such time as to
assure their receipt by such board of elections as soon as practicable
and not later than the tenth day before such election.
12. Completed application forms, when received by a participating
agency not later than the twelfth day before the next ensuing primary,
general or special election and transmitted by such agency to the
appropriate board of elections so that they are received by such board
not later than the tenth day before such election shall entitle the
applicant to vote in such election provided the board determines that
the applicant is otherwise qualified.
13. The state board of elections shall provide application forms for
use pursuant to this section except that any agency which uses a form
other than such registration form shall be responsible for providing
such form. Forms which vary in design and or content from the form
approved by the state board of elections may only be used with the
approval of such board.
14. Applications shall be processed by the board of elections in the
manner prescribed by section 5-210 of this title or, if the applicant is
already registered to vote from another address in the county or city,
in the manner prescribed by section 5-208 of this title. The board shall
send the appropriate notice of approval or rejection as required by
either subdivision nine of such section 5-210 or subdivision five of
such section 5-208.
15. The head of each participating agency shall take all actions which
are necessary and proper for the implementation of this section. Each
agency head shall designate one person within the agency as the agency
voter registration coordinator who will, under the direction of the
state board of elections, be responsible for the voter registration
program in such agency.
16. The state board shall develop and distribute public information
and promotional materials relating to the purposes and implementation of
this program.
17. Each agency designated as a participating agency under this
section shall conduct a study and prepare a report to determine the
feasibility, practicality and cost-effectiveness of designing their
agency intake forms to serve also as voter registration forms that
comply with state and federal law. Such study and report shall be
completed by December 1, 1996. Copies of such reports shall be provided
to the governor, the temporary president of the senate, the speaker of
the assembly and the state board of elections. After submission of the
report, participating agencies that determine that it is feasible,
practical and cost-effective to have such forms also serve as voter
registration forms shall do so upon the approval of the state board of
elections. For each agency that determines it is feasible, practical and
cost effective to use agency intake forms that serve also as voter
registration forms, the state board of elections shall approve or
disapprove such use within six months of the submission of the report by
the agency.
18. (a) (i) On or before January first, two thousand twenty, all
institutions of the state university of New York and the city university
of New York shall create and make available to all students a webpage
for voter education on each such institution's website, containing a
link to an application for voter registration, a link to an application
for an early mail ballot, contact information for the county board of
elections, and the name and contact information for the administrator
responsible for voter registration assistance on each campus.
(ii) Each such institution shall, at the beginning of the school year,
and again in January of a year in which the president of the United
States is to be elected, provide an application for voter registration
and an application for an early mail ballot to each student in each such
institution. Each institution shall be considered in compliance with the
requirements of this subparagraph for each student to whom the
institution electronically transmits a message containing the link to
the webpage for voter education, the link to an application for voter
registration and the link to an application for an early mail ballot, if
such information is in an electronic message devoted exclusively to
voter registration.
(iii) Each such institution shall provide the same degree of
assistance as required of participating agencies.
(b) The state university of New York and the city university of New
York, on behalf of each institution within its system, shall on or
before June first, two thousand twenty, and each subsequent year, submit
a report disaggregated according to each institution to the state board
of elections that includes:
(i) the efforts of the institution to register voters in the preceding
calendar year;
(ii) a date-stamped screen shot of the webpage for voter education
that contains the required information under paragraph (a) of this
subdivision;
(iii) the number of students who were registered for course work in
the preceding twelve months at such institution and the number of clicks
on the links to online voter registration and early mail ballot
applications; and
(iv) any other efforts or recommendations the institution plans to
implement to improve access to voter registration and early mail ballot
voting for students at the institution.
(c) The state board of elections shall make the reports provided
pursuant to paragraph (b) of this subdivision publicly available on its
website.
Motor vehicle registration. 1. In addition to any other
method of voter registration provided for in this article, any qualified
person may apply for registration and enrollment by application made
simultaneously and integrated with an application for a motor vehicle
driver's license, a driver's license renewal or an identification card
if such a card is issued by the department of motor vehicles in its
normal course of business.
2. The department of motor vehicles, with the approval of the state
board of elections, shall design a form or forms which shall, in
addition to eliciting such information as may be required by the
department of motor vehicles for a driver's license, a driver's license
renewal, a change of address notification or an identification card,
serve as an application for registration and enrollment, or a
registration necessitated by a change of residence. The cost of such
forms shall be borne by the department of motor vehicles.
3. The voter registration portion of such forms:
(a) shall not require any information that duplicates the information
required on the application for the driver license portion and shall
require only such additional information, including the applicant's
signature, as will enable election officials to assess the applicant's
eligibility to register to vote, prevent duplicate registration and to
administer voter registration and other parts of the election process.
(b) shall include a statement of the eligibility requirements for
voter registration and shall require the applicant to attest by his
signature that he meets those requirements under penalty of perjury.
(c) shall inform the applicant, in print identical to that used in the
attestation section of the following:
(i) voter eligibility requirements;
(ii) penalties for submission of false registration application;
(iii) that the office where applicant registers shall remain
confidential and the information be used only for voter registration
purposes;
(iv) if the applicant declines to register, his declination shall
remain confidential and be used only for voter registration purposes;
4. Included on the form or on a separate form shall be:
(a) the question, "If you are not registered to vote where you live
now, would you like to apply to register here today?"
(b) boxes for the applicant to check to indicate whether the applicant
would like to register or decline to register to vote.
(c) the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME."
(d) the statement, "If you would like help in filling out the voter
registration application form, we will help you. The decision whether to
seek or accept help is yours. You may fill out the application form in
private."
(e) the statement, "If you believe that someone has interfered with
your right to register or decline to register to vote, your right to
privacy in deciding whether to register or in applying to register to
vote, or your right to choose your own political party or other
political preference, you may file a complaint with the state board of
elections (address and toll free telephone number)."
(f) a toll free number at the state board of elections that can be
called for answers to registration questions.
5. The form containing the declination to register to vote shall be
retained by the department of motor vehicles for the same period of time
as such department retains the accompanying application for services or
for such shorter period of time as may be approved by the state board of
elections.
6. The department of motor vehicles shall transmit that portion of the
form which constitutes the completed application for registration or
change of address form to the appropriate board of elections not later
than ten days after receipt except that all such completed applications
and forms received by the department after the twentieth day prior to an
election and by the twelfth day before such election shall be
transmitted in such manner and at such time as to assure their receipt
by such board of elections as soon as practicable and not later than the
tenth day before such election. All transmittals shall include original
signatures.
7. Completed application forms received by the department of motor
vehicles not later than the twelfth day before the next ensuing primary,
general or special election and transmitted by such department to the
appropriate board of elections so that they are received not later than
the tenth day before such election shall entitle the applicant to vote
in such election provided the board determines that the applicant is
otherwise qualified.
8. Disclosure of voter registration information, including a
declination to register, by the department of motor vehicles, its agents
or employees, for other than voter registration purposes, shall be
deemed an unwarranted invasion of personal privacy pursuant to the
provisions of subdivision two of section eighty-nine of the public
officers law and shall constitute a violation of this chapter.
9. Application forms shall be processed by the board of elections in
the manner prescribed by section 5-210 of this title or, if the
applicant is already registered to vote from another address in such
county or city, in the manner prescribed by section 5-208 of this title.
The board shall send the appropriate notice of approval or rejection as
required by either subdivision nine of such section 5-210 or subdivision
five of such section 5-208.
10. Strict neutrality with respect to a person's party enrollment
shall be maintained and all persons seeking voter registration forms and
information shall be advised that government services are not
conditioned on being registered to vote.
11. No statement shall be made nor any action taken to discourage the
applicant from registering to vote.
12. The department of motor vehicles shall provide to each person who
chooses to register to vote the same level of assistance provided to
persons in connection with the completion of the agency's own forms,
unless such person refuses such assistance.
13. The state board shall adopt such rules and regulations as may be
necessary to carry out the requirements of this section. The board shall
also adopt such rules and regulations as may be necessary to require
county boards and the department of motor vehicles to provide the state
board with such information and data as the board deems necessary to
assess compliance with this section and to compile such statistics as
may be required by the federal elections commission.
14. The state board shall develop and distribute public information
and promotional materials relating to the purposes and implementation of
this program.
15. The state board shall prepare and distribute to the department of
motor vehicles written instructions as to the implementation of the
program and shall be responsible for establishing training programs for
employees of the department of motor vehicles involved in such program.
16. The commissioner of motor vehicles shall take all actions which
are necessary and proper for the implementation of this section. The
commissioner of motor vehicles shall designate one person within the
agency as the agency voter registration coordinator who will, under the
direction of the state board of elections, be responsible for the voter
registration program in such agency.
Inactive status. 1. When a voter is sent a confirmation
notice pursuant to the provisions of this article, the voter's name
shall be placed in inactive status.
2. The registration poll records of all such voters shall be removed
from the poll ledgers and maintained at the offices of the board of
elections in a file arranged alphabetically by election district. If
such board uses computer generated registration lists, the names of such
voters shall not be placed on such lists at subsequent elections other
than lists prepared pursuant to the provisions of section 5-612 of this
article but shall be kept as a computer record at the offices of such
board.
3. The board of elections shall restore the registration of any such
voter to active status if such voter notifies the board of elections
that they reside at the address from which they are registered, or the
board finds that such voter has validly signed a designating or
nominating petition which states that they reside at such address, or if
such voter casts a ballot in an affidavit envelope which states that
they reside at such address, or if the board receives notice that such
voter has voted in an election conducted with registration lists
prepared pursuant to the provisions of section 5-612 of this article. If
any such notification or information is received ten days or more before
a primary, special or general election, the voter's name must be
restored to active status for such election.
4. As soon as practicable, after it restores a voter's registration to
active status, the board of elections shall send the voter, by first
class forwardable mail, a notice advising him of the restoration in a
form which is similar to the notice sent to new registrants pursuant to
the provisions of section 5-210 of this title and which has been
approved by the state board of elections.
5. If the board of elections receives notice, which complies with the
requirements of this article, that a voter in inactive status is
residing at another address within the jurisdiction of such board, it
shall transfer the registration and enrollment of such voter to such
other address pursuant to the provisions of section 5-208 of this title.
Registration cards for identification. A board of elections
may provide identification cards for use in any city or town in such
county in which the board deems it necessary to facilitate voting.
However, the failure of a voter to present such card shall not deprive
such voter of the right to exercise the franchise, or any other right
provided under this chapter.
Veterans' absentee registration. 1. The board of elections in
the county in which a veterans' hospital is located shall appoint a
board of registration which shall attend each veterans' hospital between
the hours of nine o'clock in the morning and five o'clock in the evening
on the seventh Thursday before each general election and, in the event
that it be necessary for the completion of its duties, on the seventh
Friday before such election except that if any of the religious holidays
of Yom Kippur, Rosh Hashanah, Simchas Torah, Shmini Atzereth or Succoth
shall fall on such days, such registration shall be held on the next
regular business day which does not fall on any of such religious
holidays, and shall receive from residents or patients therein, or their
spouses, parents and children, the applications of such of them as
desire and are qualified to be registered by absentee registration.
2. After the applicant completes and signs the application, or has it
signed for him, it shall be deposited by or for him in an envelope and
sealed. Before receiving the next application the board shall address
the envelope to the board of elections in the county where the applicant
resides and note upon a form provided for such purpose the date of the
application, the name and residence address of the applicant and the
name of the hospital at which the application was received.
3. At the end of each day each member of such board shall sign the
form containing the list of applicants with their names and addresses
and they shall, no later than the next day, return the list and the
sealed envelopes to the board of elections in the county where such
hospital is located.
4. The board of elections upon receipt of such applications shall
immediately mail those applications that are addressed to another board
of elections and shall process those applications addressed to it.
5. If a veterans health administration hospital in which any veteran
entitled to vote in this state is a resident or patient, is located
outside the State of New York, an application for an early mail or
absentee ballot signed by such veteran or his or her spouse, parent or
child accompanying or being with him or her, if a qualified voter and a
resident of the same election district, shall constitute permanent
personal registration.
6. All applications made and received pursuant to this section shall
be processed in the manner provided herein for personal registration by
mail.
7. The cost incurred by the county in which such veterans' hospital is
located, for the registration of voters as herein provided, may be
apportioned to the counties in which such voters reside in proportion to
the number of applicants for such registration residing in such
counties.
8. The board of elections shall not be required to send a board of
central registration to each veterans' hospital in such county, pursuant
to the provisions of this section, if, in lieu thereof, it shall provide
such hospital with mail registration application forms in sufficient
quantity so that each resident or patient of such hospital who wishes to
register will be able to do so. A complete application received from a
resident or patient whose residence is in a county other than the county
in which the hospital is located shall be immediately transmitted to the
appropriate board of elections.
Registration; assistance to applicant. 1. If any person
entitled to be registered shall declare to the board of inspectors that
he is unable to read or write by reason of illiteracy or disability, the
board shall provide assistance in registering. Such person shall, if
unable to write, be excused from signing and the board shall enter the
words "unable to sign" in each space reserved for his signature. The
board shall also enter in the remarks space on the face of the
registration records the reason for his inability to write his name.
2. If the applicant be a person who does not speak the English
language, he may be assisted by a relative who can interpret for him. If
the applicant registers with this assistance the board shall put in the
remarks space of the registration forms the name and address, and the
relationship, of the person so doing the interpreting and the
interpreter shall sign his name in the remarks space.
3. If the registrant needs assistance with registration, he may also
have the same assistance in order to mark the enrollment blank.
Registration; challenges. 1. Any person who applies for
registration may be challenged by any qualified voter, watcher, or
inspector of election if such person has reason to suspect that the
applicant is not qualified to be registered to vote.
2. When an applicant is challenged the person making the challenge
must first state the reason for the challenge and complete the
challenger's part of the challenge form. The board shall then administer
to such applicant the following oath: "You do solemnly swear (or affirm)
that you will give true answers to the questions which may be put to you
to establish your qualifications to register and vote". A member of such
board shall then read to the challenged person the questions printed
upon the form of the challenge affidavit which relate to the reason
given for the challenge, and such other questions on the form as in its
discretion it may deem appropriate, and shall enter in ink, opposite
each question, the answer thereto given by such applicant. After
answering, the applicant shall sign his name to such challenge
affidavit. The inspector or member of such board who writes the answers
shall enter in the place provided on the challenge affidavit,
information identifying the person challenged and the name and address
of the person challenging, and shall sign the certificate at the end
thereof. The other inspectors present shall also sign such certificate
at the end thereof.
3. The applicant shall be registered by the board if a majority of
such board shall be satisfied with the answers of the registrant. If not
satisfied, they shall notify him of the qualifications which they
believe he lacks as a voter, and shall furnish him a duplicate of the
challenge affidavit as completed. They shall also advise him of his
right to apply to the board of elections for registration.
4. When a person who has been challenged is registered, the board
shall enter in the remarks column the word "Challenged".
5. The state board of elections shall prescribe forms for challenge
affidavits for use pursuant hereto, which forms shall elicit such
information from the applicant as it deems appropriate.
Registration; challenge after registered. 1. Any person may
challenge the registration of a voter by executing and delivering to the
board of elections or a board taking registrations, his affidavit that
he has reason to believe that such voter's registration should be
cancelled. Such affidavit shall contain the affiant's full name,
residence, and business address, the name of his employer, the
registration serial number of the person challenged and a recital of the
reasons and the facts supporting affiant's belief that the person
challenged lacks the qualifications for voting prescribed in this
chapter and specified in such affidavit. The affidavit shall state if
the reasons for challenge are based upon the affiant's personal
knowledge, or upon information received from another person. If the
affiant's belief is based upon information furnished by another, the
affidavit shall recite the name of the person furnishing the information
and the basis for his information. After the affiant has signed such
affidavit a member of such board shall read to him and request him to
sign the following oath, which shall be subscribed by such affiant: "I
do solemnly swear (or affirm) that the foregoing statement made by me on
(insert day, month and year) is a truthful disclosure of the reasons for
my belief that the registered voter therein named is not qualified to
continue to be registered in the election district in which he is now
registered." If the affiant shall take and sign such oath, the members
of the board shall sign their names as witnesses below the affiant's
subscription to such oath. Each such affidavit shall be directed toward
the challenge of only one registrant. The board shall give full
assistance to any person desiring to execute such an affidavit. The
board of elections shall furnish the necessary forms. Upon receipt of
such affidavit the board of elections forthwith shall conduct an
investigation of the voter's qualifications to remain registered in the
same manner as provided for applications for personal registration by
mail. Any person whose registration is so challenged shall be notified
thereof by the board of elections by registered or certified mail within
five days after the affidavit is received by it.
2. If the board of elections cannot complete its investigation, or
cannot make a determination before the next election at which the
registrant could vote, it shall place his name on a challenge list as a
person to be challenged when voting.
Statement of temporary absence. 1. A voter who has removed
from his residence but who is still eligible to vote from that address
for any of the reasons enumerated in this chapter shall, at the time of
his registration, or at the time of his removal, or upon request of the
board of elections, file with such board, in person or by mail, a
statement of temporary absence.
2. Such statement shall set forth where the voter actually resides,
where he claims to be legally domiciled, the nature of his occupation or
employment, the name and address of his employer, or the school he
attends, or the institution at which he is resident, the class to which
he claims to belong and such other information as the board shall deem
appropriate.
3. When such a statement is filed, the board of elections shall enter
the words "Statement of temporary absence filed" in the "remarks" space
on the face of such voter's registration poll record. The registration
serial number of the voter shall be placed on such statement and it
shall be preserved with the other records of the board of elections.
4. The state board of elections may prescribe a form of statement of
temporary absence.
Registration of voters unlawfully denied the right to
register. 1. If any voter applies personally for registration and is
unlawfully denied the right to register, the county board of elections
may, upon the application of the voter in person or by mail to such
board within two weeks after the last day of registration, or within
five days after the date of the voter's receipt of notice of the
rejection of his application, upon proper proof, and upon such notice to
the chairman of the county committees of the several parties as the
board shall prescribe, direct that he be registered in the election
district in which he is a qualified voter. The directions of the county
board of elections shall be carried out by the board itself, by its
clerks, or by the proper inspectors of elections, as the board may
prescribe. The county board of elections shall make a final
determination of such application not later than one week after the
application is made by the voter.
2. If the board of elections has reason to believe that any applicant
has been wrongfully denied the right to register, it shall notify him by
mail and such person, upon application in person or by mail to the board
of elections, within two weeks of the date of such notice, may be
registered by the board of elections.
3. The board of elections shall make a final determination on such
application not later than one week after it is made.
4. If any applicant is registered pursuant to the provisions of this
section, such registration shall be deemed effective as of the date of
the wrongful denial of the right to register.
Registration; voter registered in wrong district. 1. If any
voter has been registered in a wrong election district, the board of
elections shall, if he is a qualified voter in any election district
within the jurisdiction of such board, change his registration to the
correct election district. The board of elections shall thereupon give
immediate notice by mail to such voter that his registration has been
corrected, and also the location of the polling place of the election
district in which he is a qualified voter.
2. If such voter does not reside in any election district within the
jurisdiction of the board, his registration shall be cancelled and he
shall be notified of the cancellation and the reason therefor.
3. The board shall maintain a list of all such corrections and
cancellations as a public record in its office and shall deliver a copy
of such list to the chairman of each political party seven days before
each election.
Registration; certificates of local registration. 1. At the
close of local registration, each board of inspectors shall mail, or, if
the board of elections directs, shall deliver to the board of elections
a certificate, signed by the members of such board, stating the name,
present residence address of each registrant and such other information
as the board of elections shall require and a certificate stating the
name and address of each person whom the board refused to register for
any reason other than that he was already registered, and, in each
instance, the reason for such refusal. The names and addresses shall be
entered on such certificates during the day of registration as the
voters concerned are registered or refused registration.
2. At the end of each period of local registration, the board of
inspectors shall sign a certificate containing a tabulation of the
following information:
a. The total number of voters registered on each day of local
registration;
b. The total number of voters registered during such period of
registration;
c. Such other information as shall be deemed appropriate by the county
board of elections and the state board of elections.
Such certificate shall be mailed or delivered to the board of
elections as it may direct, by the board taking registrations. In any
city having therein an office of the board of elections, the board of
elections may direct that such certificate shall be delivered to the
police at the place of registration or the nearest police stationhouse.
In such event, the police shall forthwith deliver the certificate to the
board of elections at its nearest office.
3. The state board of elections shall prescribe the form of the
certificates required by this section.
Local registration; disposition of records and supplies. 1.
At the end of each day of registration, the chairman of each board of
inspectors shall deliver the ledgers locked in the carrying case, if
any, the flag and all other supplies to the police at the place of
registration, or, if directed, to the officer charged by this chapter
with the duty of delivering such articles to the board. The police or
such other officer shall return all such articles on the next day of
registration to the chairman of such board at the place of registration
immediately prior to the opening hour for registration.
2. If allowed by the board of elections, at the end of each day of
registration, the chairman may, after locking and sealing the same,
leave the registration poll records in the custody of a member of the
board of one political party and the corresponding central file
registration records with a member of the board of the opposite
political party and himself retain custody of all other articles, or
securely store such other articles in the place of registration if the
same be a public building.
3. If allowed by the board of elections, at the end of each day of
registration, the registration poll records and all other articles may
be securely stored in the place of registration if the same be a public
building.
4. At the close of the last day on which any board of inspectors is
authorized to take registrations such board shall seal the ledgers and
lock them in the carrying case; enclose all keys in a sealed package and
enclose all executed forms in a sealed package. The chairman of such
board shall deliver the sealed material, unused forms and all equipment
and material furnished by the board of elections to a person designated
by the board of elections to take custody of these items. The person
designated shall deliver all such articles to the board of elections
within twenty-four hours after the polls close.
5. The members of each board taking registrations shall sign all seals
and shall affix their signatures to each in such a manner that the
article sealed cannot be opened without breaking their signatures.
6. Any person receiving such supplies from the board of inspectors
shall give to the person delivering such supplies a receipt therefor,
which, if a ledger carrying case is included, shall certify that such
case was locked at the time he received it.
TITLE 3 Enrollment
Enrollment; generally. At the time a voter is registered or
completes an application for registration he may mark his party
enrollment within the circle or box underneath or next to the party of
his election on the application form.
Enrollment; completion. 1. Before placing the registration
poll record in the poll ledger or in the computer generated registration
list, the board shall enter in the space provided therefor the name of
the party designated by the voter on his application form, provided such
party continues to be a party as defined in this law. If such party
ceases to be a party at any time, either before or after such enrollment
is so entered, the enrollment of such voter shall be deemed to be blank
and shall be entered as such until such voter files an application for
change of enrollment pursuant to the provisions of this chapter. The
board shall enter the date of such entry and affix initials thereto in
the space provided.
2. If the application form is for a voter who has changed his
enrollment or a voter who has previously registered and not enrolled,
then the board of elections shall compare the information and the
signature appearing on each application form received with that on the
registration poll record of the applicant and if found to correspond in
all particulars shall, not earlier than the Tuesday following the next
general election and not later than the thirtieth day preceding the last
day for publishing enrollment lists, proceed in the manner specified in
subdivision one hereof to enter such enrollment on such voter's
registration poll card.
3. If marks are found in more than one of the boxes or circles or if
no marks are found in any of the boxes or circles of any application
form, the voter who used the application form shall be deemed not to be
enrolled, and the words blank or void shall be entered in the space
reserved on his registration poll record for the name of a political
party or in the computer files from which the computer generated
registration lists are prepared. However if such application form sets
forth the address of prior registration and such prior registration had
not been previously cancelled, the party enrollment, if any, which is
part of such prior registration shall be entered in such space on such
registration poll record or in such computer files.
4. Registration poll records of voters whose registrations are not
rejected by the board of elections shall forthwith be placed in the poll
ledger or such voters' names shall forthwith be entered in the computer
files from which the computer generated registration lists are prepared,
except that the registration poll record of an otherwise qualified voter
who registers after the tenth day before a primary election shall not be
placed in such poll ledger or such voters' names shall not appear on
such a computer generated registration list until after such primary and
except further that the registration poll record of a voter whose
previous registration was cancelled pursuant to the provisions of this
chapter after the previous general election and who registers pursuant
to the provisions of this chapter after such cancellation shall not be
placed in such poll ledger or such voters' names shall not appear on
such a computer generated registration list until after the fall primary
election, unless such voter has enrolled with the same party as the
enrollment on the registration which was so cancelled.
The registration poll record of a voter who is not eligible to vote in
a primary election but who is eligible to vote in a special election
held before such primary election shall be placed in its regular place
in the poll ledger or in a special section of such poll ledger for such
special election as the board of elections, in its discretion, shall
provide, or such name shall appear in its regular place on the computer
generated registration list prepared for use in such special election.
Such poll record shall be removed from such poll ledger or computer
generated registration list immediately after such special election.
5. During the period preceding the ensuing primary election, the board
of elections shall maintain as a public record a list of all enrollments
entered, transferred or corrected, and not contained in the last
published enrollment list. Such supplemental enrollment list shall
contain the same information and shall be distributed in the same manner
as the original enrollment list not later than the tenth day before the
primary election.
Enrollment; change of enrollment or new enrollment by
previously registered voters. 1. A registered voter may change his
enrollment in the manner prescribed by this section.
2. The term "change of enrollment" shall apply to applications by a
registered voter already enrolled in one party to enroll in a different
party, or to delete his enrollment in any party, or an application by a
registered voter not enrolled in any party to enroll in a particular
party.
3. A change of enrollment received by the board of elections will take
effect immediately, provided however, any change of enrollment received
by the board of elections after February fourteenth and before or on
seven days after the June primary shall take effect on the seventh day
after the June primary.
4. Registered voters may apply for change of enrollment personally by
mail to or by appearing before a county board of elections or by
appearing before a board of inspectors. If the applicant has appeared in
person and if the board finds that he or she is properly registered, it
shall provide the applicant with an application form for voter
registration by mail which shall be treated as an application for change
of enrollment filed pursuant to this section. If the voter has applied
personally by mail, the county board of elections shall mail him or her
an application form for voter registration by mail as provided by this
chapter. If a registered voter submits an application form for
registration or enrollment as provided by this chapter, from the
residence address from which he or she is then registered, and such form
reflects a change of enrollment, the county board of elections shall
treat such form as an application for change of enrollment filed
pursuant to this section. If such application form also sets forth a new
address within the same city or county, the board of elections shall
also treat such form as an application for transfer of registration
pursuant to section 5-208 of this article. If a voter has cast a ballot
in an affidavit ballot envelope on which such voter claims a party
enrollment different from the enrollment in the records of the board of
elections, such affidavit shall be treated as an application for change
of enrollment.
Enrollment; correction of. 1. If, after being regularly
registered in an election district, a voter discovers he has made a
mistake when enrolling, he may within one year from the date of his last
registration apply to the board of elections of the county or city in
which he resides for a correction of the mistake made by him when
marking his enrollment blank, by filing his affidavit setting forth
substantially as follows: how he is enrolled, and the town or city,
election district, and when required, the ward or assembly district, in
which he is registered, the street address, if any, from which he was
registered, a statement, in substance, that his current enrollment blank
was not marked correctly and that he did not intend to be so enrolled;
the name of the party with which he did intend to enroll and which he
desires to be entered on the registration records; a statement that he
has been duly and regularly enrolled with the party whose name he
desires entered on his registration records for at least five years
immediately preceding the registration at which such mistake occurred or
that he was not registered for all or part of such five year period; the
county or counties and the addresses at which he resided when he was so
enrolled; that he is in general sympathy with the principles of the
party with which he requests to be enrolled and intends to support
generally its nominees at the next general election, and a statement
that he has not enrolled in any party or participated in any primary
election or convention of any party during the past five years, other
than the one with which he requests to be enrolled.
2. If the applicant's certificate or, the registration records in the
office of such board show the applicant to have been registered during
such five year period elsewhere in the state of New York the board shall
require the applicant to produce a certified transcript of his
enrollment, if any, in such other jurisdiction within the state
accompanied with proof, by affidavit, showing his identity with the
person whose name appears in such transcript. If the records of any
board of elections within the state show the applicant to have been
enrolled during such five year period in any party other than the one
with which he requests to be enrolled, or to have been registered but
not enrolled, the application for correction of enrollment shall be
denied.
3. A voter may correct their enrollment pursuant hereto on any of the
days the board is open for registration. A correction made during the
nine-day period preceding a primary election shall not be effective for
such election.
4. Where such application for correction of enrollment is approved,
the board of elections shall enter the date of filing of the voter's
affidavit along with the new party of enrollment in the spaces provided
for entering enrollments on the back of his registration poll record or
in the computer file from which the computer generated registration
lists are prepared and the words "Enrollment Corrected" shall be entered
in the remarks space therein. If requested by any member of the board,
the correction of enrollment of any voter, or group of voters, must be
approved by two such board members or two employees of the board
representing different political parties. Such members or employees
shall place their initials or other identifying information on the
registration poll record of such voter, or on a computer generated list
of such corrections of enrollment. Such lists shall be preserved in the
same manner, and for the same time, as such registration poll records.
The board shall file such affidavit in a file specially maintained for
that purpose.
Enrollment; automatic voter registration. 1. The board of
elections shall, promptly and not later than twenty-one days after
receipt of a voter registration or pre-registration application
submitted pursuant to title nine of this article by a voter registering
or pre-registering for the first time, send any such voter who did not
enroll in a party a notice and a form to indicate party enrollment. Such
notice shall offer the voter the opportunity to enroll with a party or
to decline to enroll with a party and contain the following statement in
prominent type "ONLY ENROLLED MEMBERS OF A POLITICAL PARTY MAY VOTE IN
THAT PARTY'S PRIMARIES." Such form shall provide a clear alternative for
the applicant to decline to affiliate with any party.
2. Notwithstanding subdivision two of section 5-304 of this title, if
a voter who registered to vote for the first time (or pre-registered)
pursuant to title nine of this article responds to the notice required
by subdivision one of this section and elects to enroll in a party, such
enrollment shall take effect immediately. However, any pre-registrant's
registration shall remain classified as "pending" until the voter
reaches the age of eligibility.
3. If a voter appears at a primary election and votes by affidavit
ballot indicating the intent to enroll in such party, such affidavit
ballot shall cause the voter to be enrolled immediately in that party if
the board of elections determines that the voter registered (or
pre-registered) to vote for the first time pursuant to title nine of
this article.
4. If a voter appears at a primary election and votes by affidavit
ballot indicating the intent to enroll in such party, such affidavit
ballot shall be cast and counted if the board of elections determines
that the voter registered (or pre-registered) to vote at least ten days
before that primary pursuant to title nine of this article and such
voter is otherwise qualified to vote in such election.
Enrollment; forms of affidavits, mailing requirements. 1.
The board shall prepare forms for the various applications and
affidavits required under this title and, upon application, shall
furnish a copy of the appropriate form to or for any voter desiring to
use the same, and an additional copy if required. Copies also may be
sold by the board, at cost, to any qualified voter.
2. Except when a voter is expressly required to file a paper in
person, such paper may be filed either in person, by agent or sent by
mail. Mailing within the state and within the times prescribed for
filing shall be sufficient if the affidavit be received by the board.
The postmark shall be sufficient proof of the date of mailing. If mailed
outside of the state or if the postmark is omitted or illegible the
affidavit must be received by the board within the times so prescribed
for filing.
TITLE 4 Cancellation of Registration
Cancellation of registration; generally. 1. A voter's
registration, including the registration of a voter in inactive status,
shall be cancelled if, since the time of his last registration, he:
(a) Moved his or her residence outside the state.
(b) Was convicted of a felony disqualifying him from voting pursuant
to the provisions of section 5-106 of this article.
(c) Has been adjudicated an incompetent.
(d) Refused to take a challenge oath.
(e) Has died.
(f) Did not vote in any election conducted by the board of elections
during the period ending with the second general election at which
candidates for federal office are on the ballot after his name was
placed in inactive status and for whom the board of elections did not,
during such period, in any other way, receive any information that such
voter still resides in the same county or city.
(g) Personally requested to have his name removed from the list of
registered voters.
(h) For any other reason, is no longer qualified to vote as provided
in this chapter.
2. For the purposes of this section a personal request to be removed
from the list of registered voters shall include the following:
(a) A statement signed by the registrant which makes such a request.
(b) A notice that the registrant has moved to an address outside the
state which is signed by the registrant and sent to the board of
elections.
(c) A notice signed by the registrant which states that such
registrant has moved to an address outside the state and that such
change of address is for voter registration purposes.
(d) A notice from a board of elections or other voter registration
officer or agency that such person has registered to vote from an
address outside the state.
Cancellation of registration; generally, notice to voter. 1.
The board of elections shall cancel the registration of a voter when he
is no longer qualified to vote or as required herein.
2. Whenever the board has reason to believe that a registered voter is
no longer qualified to vote, it shall, before cancelling his
registration, notify him, in a form approved by the state board of
elections, by first class forwardable mail to the address from which he
was last registered that he may appear before the board or answer in
writing by mail, stating the reasons why his registration should not be
cancelled. Such notice shall also state that if the voter does not
appear or answer in writing within fourteen days after such notice is
mailed, his registration will be cancelled. Such notice shall also
advise the voter of his right to reregister pursuant to the provisions
of this chapter and shall contain the phone number to call for the days
and hours of local registration and the location of local registration
places, the deadline for personal registration by mail for the next
general election and the phone number to call to obtain additional
applications for personal registration by mail. No such notice shall be
required in order to cancel the registration of a voter who has made a
personal request to be removed from the list of registered voters as
defined by subdivision two of section 5-400 of this title or the
registration of a voter whose name has been in inactive status for at
least the period required by paragraph (f) of subdivision one of section
5-400 of this title or to cancel the registration of a voter who has
died. Together with such notice of cancellation, the board shall mail to
such voter a postage paid return card in a form approved by the state
board of elections. Such card shall provide a place for the voter to set
forth the reasons for his continued eligibility to vote in such county
or city and to indicate his current address in the county or city and a
statement that failure to return the card will result in cancellation of
registration. The card shall also inform the voter of how to reregister
if the voter has moved out of the county or city. If such registered
voter shall fail to appear or answer in writing within such time or if,
after he so appears or writes, the board is not satisfied that he is
qualified to remain registered, the board shall cancel his registration.
3. The board of elections shall notify immediately every person whose
registration is cancelled after such person has responded, in person or
by mail, to a notice sent pursuant to subdivision two of this section,
of the action taken and the reason therefor, by written notice to the
address from which he was last registered. Such notice shall advise such
persons either of their right to reregister or their right to apply to a
court of law for reinstatement, whichever is appropriate.
4. Each board of elections shall, at least once a month, transmit to
the appropriate board of elections, a list of the names, old addresses
and new addresses of every voter whose registration was cancelled
pursuant to the provisions of paragraph (a) of subdivision one of
section 5-400 of this title because the voter moved to an address in the
jurisdiction of the board to which the list is sent, unless the board of
elections sending the list has received notice that the voter has
already registered to vote from the new address.
Rejection of ballot of unqualified voter; notice of action by
board. If the ballot of any person, voted in an affidavit envelope in
the manner prescribed by this chapter, is rejected under the provisions
of this chapter on the grounds that such person is not a qualified voter
of the election district wherein he or she sought to vote, or is not
duly enrolled in the party in whose primary he or she sought to vote and
if such person has completed the application for registration and
enrollment or change of enrollment on such affidavit envelope, the board
of elections shall process such an application in the same manner as
other applications for registration and enrollment or change of
enrollment. The board of elections shall immediately notify such person
by first class mail directed to the address given in his or her
affidavit, of the rejection of his or her ballot, together with the
reason therefor and, if such person has not completed the application
for registration by mail, the appropriate information on the times and
places where he or she may register, re-register, enroll, or change or
correct his or her enrollment. Where appropriate, a form of application
for personal registration by mail shall be included with such notice.
Cancellation of registration; cancellation of record. 1. The
board of elections shall cancel a registration by marking the word
"Cancelled" on the face of each of the voter's registration poll
records, without obliterating any of the entries thereon, and shall
enter the reasons for such cancellation on the face of such registration
record or, if the board uses computer generated registration lists,
entering such reasons in the computer records. If requested by any
member of the board, the cancellation of registration of any voter, or
group of voters, must be approved by two such board members or two
employees of the board representing different political parties. Such
members or employees shall place their initials or other identifying
information on the registration poll record of such voter, or on a
computer generated list of such cancellations. Such lists shall be
preserved in the same manner, and for the same time, as such
registration poll records.
2. The board shall supply a list of registration cancellations and
reinstatements to the county chairman of any political party requesting
same.
TITLE 5 Registration Records
Registration records; form and content. 1. There shall be two
records of the registration of each voter. Except as otherwise provided
in this chapter, one record shall be sent, at the time of every
election, to the polling place where the voter is entitled to vote, and
shall be known as the "registration poll record". Between elections it
shall be kept in the main office or a branch office of the board of
elections. The other record shall be kept constantly in such main office
or branch office and shall be known as the "central file registration
record". The two types of records shall be prepared in different colors.
2. The face of each registration record, at or before its use, shall
have entered at the top the name of the county in which it is to be used
and a registration serial number, which shall be different for each
voter but the same for the two records of each voter.
3. The central file registration records shall be printed on one side
only, and shall be identical in substance, printing and arrangement with
the face of the registration poll records.
4. The central file registration records and the face of the
registration poll records shall contain a space for the voter's
signature, preceded by the words, "The foregoing statements are true",
and followed by the signature of the two members of the board of
inspectors or central registration board by whom the voter is
registered. In addition, there shall be spaces for the following
entries, all of which shall precede the space for the voter's signature:
a. Serial number assigned to voter and county of registration;
b. The voter's surname, given name and initials of other names;
c. The date of registration;
d. The residence address at which the voter claims to reside and post
office address, if not the same; and the number or designation of the
room, apartment, or floor occupied by the voter if he or she does not
claim the entire building as his or her residence; and in addition,
space for the furnishing of an e-mail address, the furnishing of which
shall be optional, together with a notice stating that if an e-mail
address is furnished, all notices and communications otherwise required
to be sent by the state board of elections to the voter by postal mail
shall be sent by e-mail in addition to postal mail. County boards of
elections and the board of elections of the city of New York shall have
the option of sending notices and communications otherwise required to
be sent to the voter by postal mail by e-mail in addition to postal mail
if the voter furnishes an e-mail address;
e. The assembly district or ward and the election district in which
such residence address is located;
f. The length of the voter's residence in the county or city
calculated to the time of the next general election;
g. Whether the voter has previously voted or registered to vote and,
if so, the approximate year in which he last voted or registered and his
name and address at the time;
h. His date of birth;
i. A space for the applicant to indicate whether or not he is a
citizen of the United States;
j. The gender of the voter (optional);
k. The telephone number of the applicant (optional);
l. Whether the voter was challenged;
m. A space for the applicant to indicate his choice of party
enrollment, with a clear alternative provided for the applicant to
decline to affiliate with any party.
n. On the face of each registration record there also shall be spaces
appropriately entitled, for entering information about the cancellation
of registration, the date of such cancellation and the reason therefor,
and the signature of the two members or employees of the board,
representing different political parties by whom the cancellation was
recorded;
o. A space for "remarks" regarding other facts required by this
chapter to be recorded or appropriate to identify the voter;
p. A space for pre-registering applicants to respond to the following
question: "Are you at least 16 years of age and understand that you must
be 18 years of age on or before election day to vote, and that until you
will be eighteen years of age at the time of such election your
registration will be marked 'pending' and you will be unable to cast a
ballot in any election?".
5. On each registration poll record shall be spaces appropriately
entitled and arranged for the voting record and signature of each voter.
Each line above the last shall be reserved for the entries for each
election at which the voter casts his vote. Such arrangement shall allow
for the entry of the following information with reference to each
election at which the registrant shall vote; the year, month and day of
the election; the voter's number recorded on the public-counter, and the
designation of the particular machine used if there be more than one in
the district, if voting machines are used; the number on the ballot
delivered and voted by the voter, if paper ballots are used; the
signature of the voter; and the signatures or initials of the election
inspectors by whom the voter is admitted to vote. On the last line at
the bottom shall be a space for the voter's signature to be made at the
time of registration.
6. On a different part of the registration poll record shall be spaces
for recording the enrollment of the voter, changes in such enrollment,
including, in each case, the number of the enrollment blank used, the
date, the name of the party, appropriate remarks; and the initials of
the board members who make any entry:
7. The state board of elections shall prescribe the form of the record
required by this section which may include any additional information it
shall deem necessary. The state board may provide that the form of
application for registration by mail may be used in lieu of the form
prescribed by this section.
Registration records; supplies and equipment. 1. The board
of elections shall furnish in time for use by the boards of inspectors
of election, the registration records, an American flag, a map or
certified description of the election district, and the adjoining
election districts, challenge affidavits, early mail ballot
applications, absentee voting applications, a list of voters who are
currently registered in the election district, a list of those voters
who have been cancelled in the last year with the reason for such
cancellations, forms for statements of temporary absence, a sufficient
number of copies of the ballot proposals to be submitted to the voters
at the ensuing election, at least one copy of the instruction booklet
for inspectors and all other forms and supplies required for the
administration of the registration system as provided by this article.
2. The board of elections shall also maintain in its custody and
control:
a. At the headquarters of the board, filing cabinets and ledgers
sufficient in number and form to accommodate the records required by
this article to be kept at such headquarters or office.
b. Carrying cases sufficient to carry to and from the registration
places the ledgers, if any, and forms required by this chapter to be
available for use at such places.
3. Each ledger and cabinet shall be equipped with a lock of such a
nature that when the ledger or cabinet is locked it shall not be
possible to remove any record or form which has been filed therein, or
to file in it any other record or form. Each carrying case shall be
equipped with a lock. Each carrying case lock and its key shall bear an
identical distinctive identifying number.
4. Subject to the requirements of this article, the state board of
elections shall prescribe the number of and the form, content, color and
specifications of such registration records, lists, and check cards. It
may require such other forms, supplies and equipment as it deems
necessary to be furnished by the boards of elections and any other
officer charged with equipping the places for taking registrations.
Optional discontinuation of central file registration
records. 1. Notwithstanding the provisions of this article to the
contrary, a board of elections may apply to the state board of elections
for permission to discontinue preparation, use and maintenance of
central file registration records.
2. The state board of elections shall adopt regulations establishing
the requirements which must be met by a board of election seeking such
permission.
3. Such requirements shall include, but not be limited to the
following:
a. The board of elections maintains a complete, current computer
record of all registered voters.
b. At least one copy of such record is kept in a building other than
the one in which the offices of the board of elections are located.
c. The board of elections maintains, as a public record, at the
appropriate office of the board, a complete and current alphabetized
list of all registered voters, including voters in inactive status,
which contains next to each voter's name at least the following
information: address, town or city, assembly district where appropriate,
election district, registration serial number, party enrollment, date of
registration, gender, date of birth and, if the voter is in inactive
status, an indication of that fact.
d. A board of elections which has discontinued use of registration
poll ledgers shall not be required to maintain such an alphabetized list
of all registered voters if it has available for public use, a
sufficient number of computer terminals from which such information can
be obtained. Such terminals must have the capacity to display a series
of names arranged in such alphabetical order without an inquiry for each
such name having to be entered into the computer separately.
4. After such inquiry as it deems appropriate, the state board of
elections shall approve the applications of those boards of elections
whose systems meet the requirements established by this section and the
regulations of the state board. Such boards may then discontinue
preparation, use and maintenance of central file registration records.
5. If the state board of elections amends its regulations, a board of
elections whose system was previously approved by the state board shall
have a reasonable time to conform to the new regulation.
6. If the state board of elections determines on its own initiative,
or upon investigation of a complaint, that the system being used by a
board of elections is not in compliance with the requirements of this
section and the regulations of the state board, it shall order such
board of elections to comply forthwith.
7. If such a board of elections does not comply with the provisions of
subdivision six of this section, the state board shall issue an order
withdrawing permission to discontinue use of central file registration
records and such board of elections shall be required to reinstitute use
of such records on the first day of December following issuance of such
an order.
Optional use of computer registration lists. 1.
Notwithstanding the provisions of this chapter to the contrary, a board
of elections may apply to the state board of elections for permission to
discontinue preparation, use and maintenance of registration poll
records.
2. The state board of elections shall adopt regulations establishing
the requirements which must be met by a board of elections seeking such
permission.
3. Such requirements shall include, but not be limited to the
following:
a. The board of elections maintains a complete, current, computer
readable record for each registered voter which includes a reproducible
signature, except that the record of the elections in which such voter
has voted shall not be required to be maintained in such record for
longer than the five previous calendar years. Such record may also
include a copy of the entire registration poll record or application for
registration of each such voter.
b. The board of elections maintains at least two copies of such
computer readable records, which it stores in two different buildings.
c. The computer generated registration list prepared for each election
in each election district shall be prepared in a manner which meets or
exceeds standards for clarity and speed of production established by the
state board of elections, shall be in a form approved by such board,
shall include the names of all voters eligible to vote in such election
and shall be in alphabetical order, except that, at a primary election,
the names of the voters enrolled in each political party may be placed
in a separate part of the list or in a separate list, as the board of
elections in its discretion, may determine. Such list shall contain,
adjacent to each voter's name, or in a space so designated, at least the
following: street address, date of birth, party enrollment, year of
registration, a computer reproduced facsimile of the voter's signature
or an indication that the voter is unable to sign his name, a place for
the voter to sign his name at such election and a place for the
inspectors to mark the voting machine number, the public counter number
if any, or the number of any paper ballots given the voter.
d. The board of elections preserves, for as long as registration
records are otherwise required to be preserved, the original application
for registration or registration poll record of every registered voter
filed in a manner which makes such records available for examination or,
if the computer readable record for each registered voter maintained by
the board of elections includes a copy of the entire registration poll
record or application for registration of each such voter, the board of
elections preserves the original of each such poll record or application
in such a manner for a period of at least two years, or such longer
period as the state board of elections may require, after such copy is
entered in the computer readable record or if such computer readable
records do not include the backs of those registration poll records
which have been used at one or more elections, the board preserves the
original of each such poll record for a period of at least two years
after such copy is entered in such computer readable record or four
years after the last election at which such poll record was used,
whichever is later, or such longer period as the state board of
elections may require.
4. After such inquiry as it deems appropriate, the state board of
elections shall approve the applications of those boards of elections
whose systems meet the requirements established by this section and the
regulations of the state board. Such boards may then discontinue
preparation, use and maintenance of registration poll records.
5. If the state board of elections amends its regulations, a board of
elections whose system was previously approved by the state board shall
have a reasonable time to conform to the new regulation.
6. If the state board of elections determines on its own initiative,
or upon investigation of a complaint, that the system being used by a
board of elections is not in compliance with the requirements of this
section and the regulations of the state board, it shall order such
board of elections to comply forthwith.
7. If such a board of elections does not comply with the provisions of
subdivision six of this section, the state board shall issue an order
withdrawing permission to discontinue use of registration poll records
and such board of elections shall be required to reinstitute use of such
records on the first day of December following issuance of such an
order.
8. No computer tape, computer disc or other record which can be used
to reproduce such computer generated facsimile signatures shall be sold
or otherwise distributed other than for use by a board of elections or
upon the order of a court of competent jurisdiction. However all other
data contained on any such tape, disc or record shall be sold or
otherwise distributed in the same manner as other records of the board
of elections.
Voter pre-registration and education on voter
pre-registration. 1. Pre-registration. A person who is at least sixteen
years of age and who is otherwise qualified to register to vote may
pre-register to vote, and shall be automatically registered upon
reaching the age of eligibility as provided by this chapter.
2. Encouragement of student voter registration and pre-registration.
Local boards of education, boards of cooperative educational services,
charter schools and non public schools are required to adopt policies to
promote student voter registration and pre-registration. These policies
may include collaboration with county boards of elections to conduct
voter registration and pre-registration in high schools and shall
include, but not be limited to, procedures for: (i) providing access to
voter registration and pre-registration applications during the school
year and assistance with filing such applications; and (ii) informing
students of the state requirements for voter registration and
pre-registration. Completion and submission of voter registration or
pre-registration forms shall not be a course requirement or graded
assignment for students.
Confidentiality of registration records in certain cases. 1.
For purposes of this section:
(a) "Victim of domestic violence" means any person who is a victim of
a violent felony, as defined in section 70.02 of the penal law, or
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, aggravated
harassment in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, assault in the third degree or an attempted
assault; and
(i) such act or acts have resulted in actual physical or emotional
injury or have created a substantial risk of physical or emotional harm
to such person or such person's child; and
(ii) such act or acts are or are alleged to have been committed by a
family or household member.
(b) "Family or household members" mean the following individuals:
(i) persons related by consanguinity or affinity;
(ii) persons legally married to one another;
(iii) persons formerly married to one another regardless of whether
they still reside in the same household;
(iv) persons who have a child in common regardless of whether such
persons are married or have lived together at any time;
(v) persons who are not related by consanguinity or affinity and who
are or have been in an intimate relationship regardless of whether such
persons have lived together at any time. Factors the court may consider
in determining whether a relationship is an "intimate relationship"
include but are not limited to: the nature or type of relationship,
regardless of whether the relationship is sexual in nature; the
frequency of interaction between the persons; and the duration of the
relationship. Neither a casual acquaintance nor ordinary fraternization
between two individuals in business or social contexts shall be deemed
to constitute an "intimate relationship".
2. (a) A victim of domestic violence or any person who is a victim of
a crime defined in article one hundred thirty of the penal law may
deliver to the board of elections, in the county wherein such victim of
domestic violence or victim of a crime defined in article one hundred
thirty of the penal law is registered or intends to be registered
pursuant to this article, in person or by mail, a signed written
statement swearing or affirming:
(i) that such person is the victim of domestic violence or victim of a
crime defined in article one hundred thirty of the penal law; and
(ii) that because of the threat of physical or emotional harm to
themself or to family or household members, such person wishes for their
registration record to be kept confidential.
(b) Upon application made to the board of elections pursuant to
paragraph (a) of this subdivision, the board of elections shall ensure
that any registration record kept or maintained in accordance with this
article and any other records with respect to such victim of domestic
violence be kept separate and apart from other such records and not be
made available for inspection or copying by the public or any other
person, except election officials acting within the course and scope of
their official duties and only as pertinent and necessary in connection
therewith. The confidentiality of such registration records shall begin
upon the board's acceptance of such sworn statement and continue for
four years from such date. A new application may be made prior to the
expiration of such four year period.
TITLE 6 Filing and Custody of Registration Records
Registration records; filing of. 1. The board of elections
shall keep all registration records, when not in use at the polls for an
election, at its main office, or a branch office designated by it. Such
records shall be kept in locked ledgers or locked filing cabinets and
shall not be removed from the office or branch office of the board of
elections, except that the registration poll records of all voters
entitled to vote at an election shall be delivered as provided in this
chapter to the appropriate election district polling places for use at
such election.
2. The central file registration records shall be filed for the entire
county using a system permitting location by name. Cancelled
registration records shall be filed separately and shall be arranged in
the same manner as current registration records.
3. The registration poll records shall be classified by election
districts, the records for each election district being filed according
to street, by number, and alphabetically within any address or in the
discretion of the board of elections they may be filed alphabetically by
name of voter.
4. Any registration record not completed because of the refusal of a
board of inspectors to register an applicant shall be filed by the board
of elections with the cancelled registration records as if the person
affected had registered and his registration had been cancelled.
5. After receipt thereof from a board of inspectors at the close of a
period of local registration, the board of elections, before removing
any records or blank forms from any ledger containing registration
records of voters registered during such period, shall compare such
records and blanks with the certificate filed by such board of
inspectors. It shall investigate any discrepancy between such returned
material and the information contained on such certificate and if such
discrepancy is not satisfactorily resolved, it shall, at the request of
any commissioner, make a written report thereof in triplicate and send
one copy of such report to the district attorney and one to the state
board of elections and keep the third copy on file at its office as a
public record. The board of elections shall then remove the records and
blanks from the ledgers and shall file them as provided herein.
Registration records; physically disabled voters. 1. A
physically disabled voter whose polling place is located in a building
that is not accessible shall be entitled to vote in any other election
district whose polling place is located in a building which is
accessible, provided that the candidates and ballot proposals on the
ballot in such other election district are the same as those on the
ballot in the election district in which such voter resides.
2. A written application by a disabled voter to have his registration
record transferred to an election district which has an accessible
polling place shall be valid for an election occurring more than
fourteen days after it is received by the board of elections and, if the
voter is permanently disabled, for all subsequent elections. Such
application may specify the election district to which the voter wishes
his registration records transferred.
3. The board of elections shall keep all such applications from
permanently disabled voters on file at its office. Not later than
twelve days before each election, the board shall transfer the records
of each voter for whom it has such an application and who continues to
be registered from the address on such application to an election
district in the polling place specified in such application. If the
application does not specify such an election district, or if the
election district so specified is not one to which such records properly
may be transferred for such election, the board of elections shall
transfer such record to the election district among those to which it
may properly be transferred for such election, which is located in the
accessible polling place closest to the residence of the applicant.
4. If such registration records are in the form of registration poll
records, the board of elections, before transferring any such
registration record, shall make a photocopy thereof. Such photocopies
shall be kept on file in the offices of such board in case such
registration poll record is lost.
5. Upon removing such a registration poll record from a poll ledger,
the board of elections shall insert in such poll ledger, at the place
where such registration poll record was filed, a form giving the name
and address of the voter, stating that the registration poll record was
moved pursuant to the provisions of this section and giving the number
of the election district to which such registration poll record was
moved and the location of the polling place for such election district.
6. If such registration records are kept in the form of computer
generated registration lists, the board of elections at the time such
registration record is transferred, shall cause to be entered on the
computer generated registration at the place where such registration
record would have appeared, the name and address of the voter but
without the computer reproduced facsimile of the voter's signature and
either a notation that such record was moved pursuant to the provisions
of this section together with the number of the election district to
which such record was moved and the location of the polling place for
such election district or a notation stating where, in such computer
generated registration list, such information is provided.
7. Not later than ten days before each election, the board of
elections shall mail to each voter who has made application pursuant to
the provisions of this section, by first class mail, information
specifying the number and location of the election district to which his
records have been transferred or that there is no election district to
which such records may properly be transferred which is located in an
accessible polling place.
8. If the board determines that there is no election district in an
accessible polling place to which such voter's record may properly be
transferred for a particular election, it shall treat the application of
such voter as an application for an absentee ballot for such election
and forthwith mail such absentee ballot to such voter at his residence
address together with the notice required by subdivision seven of this
section.
9. The board of elections shall compile a list, arranged by election
districts of residence, of the names and addresses of all voters whose
registration records have been moved pursuant to the provisions of this
section and the number of the election district to which such
registration record was moved. Not later than six days before election
day, the board of elections shall send a copy of such list to the county
chairman of each party. Such list shall be a public record at the office
of such board of elections.
10. The state board of elections shall prescribe a standard form of
application for use under this section and all forms necessary to carry
out the provisions of this section.
Lists of registered voters; publication of. 1. After the last
day of local registration and before the fifth day before the next
ensuing general election in each year, the board of elections shall
cause to be published a complete list of names and residence addresses
of the registered voters for each election district over which the board
has jurisdiction. The names for each election district may be arranged
according to street and number or alphabetically. Each list shall be
prepared in such a manner as to indicate the registrants whose names did
not appear on the list of registered voters last published pursuant to
the provisions of this section and the registrants who are in inactive
status. The board of elections, in its discretion, may publish the names
of the registrants in inactive status as a separate list. In lieu of
publishing such a registration list, such board of elections may publish
a complete list of the names and residence addresses of all registered
voters whose names do not appear in the annual enrollment lists
published in such year by such board, in the same form as such
enrollment lists, and a list of the registered voters whose names appear
in such annual enrollment lists but who have been placed in inactive
status or whose registrations have been cancelled since the publication
of such annual enrollment lists. Lists for all election districts in a
ward or assembly district may be bound together in one volume.
2. The board of elections shall cause a list to be published for each
election district over which it has jurisdiction.
3. The board of elections shall prepare such number of copies of such
lists as it determines will be sufficient to meet the demand for such
lists and shall send at least one copy of each such list to the state
board of elections, and shall keep at least five copies for public
inspection at each main office or branch of the board. Other copies
shall be sold at a charge not exceeding the cost of publication.
Enrollment lists; publication of. 1. The board of elections
shall also cause to be published for each election district a complete
list of the registered voters of each election district. Such list
shall, in addition to the information required for registration lists,
include the party enrollment of each voter. At least as many copies of
such list shall be prepared as the required minimum number of
registration lists.
Lists for all the election districts in a ward or assembly district
may be bound together in one volume. The board of elections shall also
cause to be published a complete list of names and residence addresses
of the registered voters, including the party enrollment of each voter,
for each town and city over which the board has jurisdiction. The names
for each town and city may be arranged according to street and number or
alphabetically. Such lists shall be published before the twenty-first
day of February. The board shall keep at least five copies for public
inspection at each main office or branch office of the board. Surplus
copies of the lists shall be sold at a charge not exceeding the cost of
publication.
2. Immediately after the publication of such lists the board shall
send at least one true copy, duly certified, of each such list to the
state board of elections.
Lists; certification of. 1. The board of elections shall
certify to the correctness of any transcript of original registration or
enrollment entries, or of any part thereof, on the payment of one cent
for every twenty names contained in the transcript.
2. The board of elections shall on request give to any enrolled voter
a certificate of enrollment which shall specify the name of the party
with which he is enrolled, the date of enrollment and the election
district in which such voter is enrolled.
Replacement of registration and enrollment records; damaged,
unusable or lost. 1. If the registration or enrollment records of any
voter shall be lost, mutilated, defaced or destroyed, the board of
elections shall, except as provided in subdivision two hereof, require
him to reregister or reenroll. Such reregistration or reenrollment
shall be deemed to have taken effect as of the date of the original
registration or enrollment.
2. If one or both of the registration records of the voter are still
in the possession of the board of elections and it is possible therefrom
to duplicate the lost or damaged record, the board of elections shall
prepare a new record containing all the information required, using the
original serial number, and shall paste photostatic copies of the
voter's signature in each space on the new record where his signature
was placed on the original record.
3. When the spaces for signature or for other entries, on a
registration poll record are filled so as to render a record no longer
usable, the board of elections shall prepare a second poll record. All
pertinent information shall be copied from the original poll record on
to the second poll record. The registration signature on the original
poll record shall be photostated and pasted on the back in the space for
the registration signature on the second poll record. Within the space
reserved for remarks shall be imprinted "Record Continued--2nd Poll
Record", or "3rd Poll Record", as appropriate.
4. The active but unusable poll record shall be kept in a special file
for active continued registrations until such time as the next poll
record may be cancelled, at which time the poll records are stamped
"cancelled" and fastened together when placed in the cancellation file.
5. All mutilated or defaced registration records which are replaced by
new records under the provisions of this section shall be stamped across
the face with the words "Record Replaced", without obliterating any of
the entries thereon and shall be kept on file by the board of elections.
6. If the records of an entire election district or a large segment
thereof are lost, mutilated, defaced or destroyed, or are determined by
the board of elections to be so inaccurate or incomplete as to be
unusable, such board may, upon due notice, require re-registration of
all qualified voters resident within such district. In such event, the
board shall fix and determine additional days of local registration for
such re-registration.
Registration records; new election district. When an election
district is created, abolished or altered in any way, the board of
elections shall do all things necessary to transfer the affected
registration records to conform to the new plan of election districts
and shall make all necessary changes in the designation of the election
district and political subdivision on the registration record of each
voter affected. At least twenty days before the next election, after
such new plan of election districts has been effected, the board of
elections shall mail a written notice to each affected registered voter
notifying him of the designation of the new political subdivision, if
any, and the number of the election district to which his registration
record has been transferred, and if available, the address of his
polling place.
Registration records; use by town or village clerks and for
school district, improvement district and fire district elections. 1.
The board of elections shall, not later than the twentieth day before a
special town election and not later than the seventh day before a
village election conducted by the village clerk, provide a list of
registered voters or shall place registration poll records in properly
locked ledgers in the temporary custody of the town or village clerk for
the purpose of permitting him to copy such records or to deliver such
records for village election purposes to the board of inspectors of the
several polling places in the election districts as provided by this
chapter. The board of elections shall indicate on such list, or on a
separate accompanying list, the names of those voters whose registration
records have been marked "permanently disabled". The names of voters in
inactive status shall appear on a separate accompanying list. Voters
listed in inactive status who appear at the polls to vote shall be
challenged in the manner provided by section 8-504 of this chapter.
2. Notwithstanding the provisions of sections nineteen hundred six,
twenty hundred fourteen and twenty-six hundred six of the education law
with respect to registration of voters, any person, otherwise qualified
to vote who is registered under the provisions of this article shall be
entitled to vote at all school district meetings or elections without
further registration.
3. Whenever a school district meeting or election is scheduled, the
board of elections for the appropriate county or counties shall deliver
the registration lists, indicating on such list, or on a separate
accompanying list, the names of those voters whose registration record
has been marked "permanently disabled", and, on a separate accompanying
list, the names of voters in inactive status who shall be challenged if
they appear at the polls to vote, for the appropriate election districts
or those portions of the election districts encompassing the school
district to the appropriate officials of such school district as soon as
possible upon request of the appropriate officials, but no later than
the thirty days immediately prior to the regularly scheduled school
district election, provided further, that such board of elections shall
deliver no later than ten days prior to each such special or regular
school district election supplemental registration lists containing the
names of those voters who have registered after delivery of the first
registration lists and who are eligible to vote in such elections,
indicating on such list or on a separate accompanying list the names of
those voters whose registration record has been marked "permanently
disabled".
4. Within five days of the adoption by a board of education of a
resolution in accordance with subdivisions one and three of section two
thousand fourteen of the education law, such board of education shall
notify the appropriate board of elections of such adoption.
5. The board of education of a school district which has adopted such
a resolution shall, not less than forty-five days before each regularly
scheduled school district meeting or election and fourteen days before
any such special meeting or election notify the board of elections of
the date of such meeting or election.
6. The board of elections, upon the request of the board of
commissioners of an improvement district which elects commissioners or a
fire district shall, not later than the twenty-first day before each
election in such district, deliver to the secretary of such district a
list of persons registered to vote as of the twenty-third day before
such election in the election districts contained in such district,
indicating on such list the names of the voters in inactive status, or
shall place the registration poll records for such election districts in
properly locked ledgers in the temporary custody of such district
secretary for the purpose of permitting him to copy such records. Any
voter listed in inactive status who appears at the polls to vote, shall
be challenged.
7. The appropriate official of each town, village, school district,
improvement district or fire district which obtains a list of registered
voters from the board of elections pursuant to the provisions of this
section shall deliver the list containing the names of the voters in
inactive status or, at the discretion of such official, a photocopy of
such list to the board of elections not later than one week after the
election at which the list was used with an indication of which voters
listed in inactive status on such list voted at the election for which
the list was prepared. If such official delivered the original list, the
board of elections shall return such list to the official from whom it
was received within three weeks thereafter.
Statewide voter registration list. 1. There shall be one
official record of the registration of each voter. Such record shall be
maintained in an interactive, statewide, computerized, voter
registration list. Such statewide voter registration list shall
constitute the official list of voters for the state of New York. Such
list shall be in the custody of the state board of elections and
administered and maintained by the state board of elections, subject to
rules and regulations promulgated by the state board of elections in
accordance with subdivision four of section 3-100 of this chapter. Local
boards of elections shall comply with all the rules and regulations
promulgated by the state board of elections pursuant to this section.
2. The official statewide voter registration list shall be created by
combining the existing voter registration list maintained by each local
board of elections into a single integrated list. The state board of
elections, pursuant to subdivision four of section 3-100 of this
chapter, shall promulgate rules and regulations, which shall be binding
upon each local board of elections, concerning the combining of each
existing voter registration list into a single integrated list. Such
rules and regulations shall be designed, to the maximum extent
practicable, to allow each local board of elections to continue to use
its existing computer infrastructure, computer software and database
applications to access data from and transmit data to the statewide
voter registration list. To create such list, each local board of
elections shall transmit to the state board of elections a certified
copy of the voter registration records of such board in an electronic
format prescribed by the state board of elections. The state board of
elections shall on an ongoing basis compile such records from the local
boards of elections into a statewide voter registration list. The
computer infrastructure of such list shall be maintained and
administered by the state board of elections and such board shall, in
accordance with subdivision four of section 3-100 of this chapter,
promulgate uniform rules and regulations for the maintenance of voter
registration records not inconsistent with this chapter. The state board
of elections shall make accessible to each local board of elections the
statewide voter registration list. Such list shall be maintained in a
computerized form which permits different user interfaces.
3. The statewide voter registration list shall:
a. serve as the single system for storing and managing the official
list of registered voters throughout the state which local boards of
elections shall use for creating the computer generated registration
list prepared for each election for each election district as provided
by this chapter;
b. contain the name and registration information of every legally
registered voter in the state, as provided by section 5-500 of this
article and such other information as may be deemed necessary by the
state board of elections in accordance with subdivision four of section
3-100 of this chapter;
c. contain a unique identifier for each legally registered voter in
the state;
d. be coordinated and referenced with other state and federal
identification records;
e. provide timely electronic access to the information contained
therein to election officials;
f. provide that all voter registration information obtained by a local
board of elections shall be electronically entered into such list on an
expedited basis at the time the information is provided to such board;
g. ensure that the state board of elections provides such support as
may be required so that local boards of elections are able to enter the
information described in paragraph f of this subdivision;
h. serve as the official voter registration list for the conduct of
all elections in the state which are administered by local boards of
elections; and
i. allow local boards of elections, using their own systems, to
perform essential election functions including but not limited to
processing of early mail voters, absentee voters, administration of poll
workers and polling places, assignment of election jurisdictions based
on residence and address and other functions necessary for the conduct
of elections using voter registration information from the official
statewide voter registration list.
4. Adding, changing, canceling or removing voter registration records
shall be conducted only by local boards of elections as provided by this
chapter.
5. For purposes of removing names of ineligible voters from the list
of eligible voters, the state board of elections shall obtain and
transmit to local boards of elections (a) the list of persons who have
died maintained by the New York city department of health and the state
department of health, and (b) the list of persons subject to forfeiture
of the right to vote pursuant to section 5-106 of this article
maintained by the office of court administration or by a court having
made such determination.
6. Each local board of elections shall, within twenty-five days after
receiving such list of decedents or list of persons subject to
forfeiture of the right to vote pursuant to section 5-106 of this
article, use such lists to identify and remove decedents and persons
subject to forfeiture of the right to vote pursuant to section 5-106 of
this article from the list of eligible voters.
7. The local board of elections shall electronically file with the
state board of elections a cancellation and removal report indicating
all cancellations and removal actions taken by the local board of
elections from the list of eligible voters. Such report shall be filed
in a format and at such intervals as directed by the state board of
elections.
8. If the information received by the board of elections through the
statewide voter registration list indicates that a voter is currently
registered to vote more than once, the local board of elections
containing the registration record of the earlier dated registration
record shall send such voter the confirmation notice prescribed by
section 5-712 of this article and place such voter in inactive status
pursuant to section 5-213 of this article.
9. The state board of elections shall, in accordance with subdivision
four of section 3-100 of this chapter, promulgate rules and regulations
to ensure compliance with the adding, changing, canceling or removing of
voters from the single, official, statewide voter registration list.
10. Any person may bring a challenge pursuant to this chapter against
any board of elections to compel the removal of an ineligible voter from
the list of eligible voters or to compel the correction of a
registration record in the case of a voter wrongfully canceled or
removed from the statewide, single, official voter registration list.
11. The state board of elections shall establish a statewide voter
hotline using information available through the statewide voter
registration list for voters to obtain information regarding their voter
registration.
12. a. The state board of elections, in consultation with local boards
of elections and in accordance with subdivision four of section 3-100 of
this chapter, shall establish minimum standards for statewide voter
registration list maintenance activities and schedules for such
activities by regulation.
b. The list maintenance performed pursuant to the minimum standards
required by paragraph a of this subdivision shall be conducted in a
manner consistent with this chapter to ensure that:
(1) the name of each registered voter appears in the statewide voter
registration list;
(2) only names of persons who are not registered or who are not
eligible to vote are removed from such list; and
(3) the prior registrations of duplicate names are removed from such
list.
13. The state board of elections shall provide adequate technological
security measures to prevent the unauthorized access to or disruption of
the statewide voter registration list established pursuant to this
section and any voter registration records electronically transmitted
between local boards of elections and the state board of elections as
provided for in subdivision two of this section. A copy of such list
shall be stored at least twenty-five miles away from the place where the
original is housed.
14. The statewide voter registration list system shall ensure that
voter registration records in the state are accurate and are updated
regularly, including a system of file maintenance that makes a
reasonable effort to remove registrants who are ineligible to vote from
the official list of eligible voters, as provided for by this chapter.
TITLE 7 Checks Against Fraudulent Practices
Checks on registration. The board of elections shall permit
only those persons to register or to remain registered who have the
qualifications prescribed by this article.
Voters' check cards; investigation. 1. The board of elections
shall cause a bipartisan team of regular or special employees of such
board to conduct an investigation of the qualifications to register and
vote, or cause a voter's check card to be prepared for each voter who
was registered after being challenged or who was challenged after
registration and, if requested by any member of the board, for any other
voter. The board shall forthwith deliver each such voter's check card to
the head of the police department in the city, town or village in which
the voter resides, or, if there be no such police department, to the
sheriff or head of the police department of the county. The board shall
make and retain an inventory list of all cards so delivered.
2. The head of the police department or sheriff, forthwith shall cause
an investigation to be made to determine, in each instance, whether the
registrant resides, and how long he has resided, at the address at which
he claims a residence, and to check the facts relating to why the voter
was challenged. Such investigation shall be completed within five days
after receipt of such check cards. Each check card shall be signed with
the title or rank, badge number, if any, and signature of the police
officer, sheriff or deputy making the investigation, who shall note
above such signature whether he personally interviewed the registrant
and, if not, the full name of at least one other person whom he
personally interviewed at the registrant's claimed residence or place of
employment; the place, date and hour of such interview; the family
relationship, if any, between the registrant and the person interviewed;
and any reason he may have to believe that the registrant does not
reside at the address given or does not possess the qualifications
prescribed by this chapter for eligibility for registration. If he is
satisfied that the registrant resides at such address and does possess
such qualifications he shall write the word "valid" above his signature.
If the officer charged with or actually making such investigation knows
of his personal knowledge that the registrant is a qualified voter in
the election district in which such registrant claims a residence, he
may, without further investigation, endorse on such check card, above
his title or rank, badge number, if any, and signature, the words
"Valid; Personal knowledge." Such endorsement shall be considered for
all purposes as a statement under oath by such officer that the
registrant is qualified to vote from the residence claimed.
3. No later than the sixth day after receipt of such check cards from
the board of elections the head of the police department or sheriff
shall return them, in sealed wrappers and in each instance endorsed as
required by subdivision two of this section, to the board of elections.
Each wrapper shall contain all of the check cards for a single election
district, alphabetically arranged in two groups. The first group shall
contain all the check cards marked "Valid" or "Valid: Personal
knowledge." The second group shall contain the remainder of such check
cards. On the face of the wrapper such forwarding officer shall cause to
be noted his name and the title of his office, the city, town or
village, assembly district or ward, if any, and the election district of
the cards in the wrapper, the total number of check cards marked "Valid"
and "Valid; Personal knowledge", the number of other check cards, and
the total of all check cards contained in such wrapper. With each such
wrapper the forwarding officer shall present to the board of elections a
receipt, containing the information required to be stated on such
wrapper. The original of such receipt shall be retained by the
forwarding officer. The duplicate of such receipt shall be filed in the
board of elections.
4. The board of elections forthwith shall compare such check cards for
each election district with the inventory list prepared as directed by
subdivision one of this section, the certificates executed by the
registration board, the challenge affidavits executed in such district
and returned to the board of elections and the registration cards of all
applicants for whom check cards were executed and shall investigate any
discrepancies.
5. The board of elections shall file all such check cards which are
marked "Valid" or "Valid: Personal knowledge" in a separate file
maintained by it for such purpose. Within such file, all cards shall be
arranged by election districts and alphabetically within such districts.
6. The board of elections shall likewise file all such check cards
which are not marked "Valid" or "Valid: Personal knowledge" in a
separate file or ledgers maintained by it for such purpose.
7. If it appears from the check card that the registrant does not
reside at the address from which he is registered, the board shall
proceed in the manner prescribed by section 5-402 of this article.
8. Whenever it appears to the satisfaction of a board of elections
that any voter or witness has made a false statement, whether or not
under oath, affecting his qualifications to be registered or has given
false testimony at any hearing affecting such registration, such board
forthwith shall forward such statement or testimony to the district
attorney and the district attorney forthwith shall present the matter to
the grand jury.
9. Check cards. The state board of election shall prescribe a form of
registration check card for use pursuant to this article.
Notification to jurisdiction of prior registration. 1. Each
board of elections shall, at least once a month, transmit to the
appropriate boards of election, a list of all persons who have
registered with such board of elections and stated that they were
previously registered outside of the city or county of such board's
jurisdiction. Such list shall include the name of the registrant, the
name of the prior registration if different, the address of the prior
registration including street address, city or town, county and state
and the date of birth of the registrant. Such information with respect
to those persons whose address of previous registration is outside the
state, shall be sent to the state board of elections.
2. The state board shall arrange such list by state and transmit such
list to the chief state election official of such state at such times
and in such manner as it deems appropriate.
Change of voter status; reports of. 1. It shall be the duty
of the state health department and the department of health of the city
of New York to deliver to the state board of elections, at least
monthly, records, in a format as mutually determined by both agencies,
of the names of all persons of voting age for whom death certificates
were issued. Such records shall be arranged by county of residence and
shall include the name, residence address and birth date of each such
person.
2. It shall be the duty of every court having jurisdiction over such
matters, or the office of court administration, to transmit to the
appropriate board of elections or, in the discretion of the office of
court administration, to the state board of elections, at least
quarterly, the names, residence addresses and birthdates of all persons
for whom convictions or revocations of probation or conditional
discharge result in loss of voting privileges pursuant to the provisions
of section 5-106 of this article. Such transmittals shall be in a format
as mutually determined by such agencies and the state board of
elections.
3. It shall be the duty of every court having jurisdiction over such
matters or the office of court administration to transmit to the
appropriate board of elections or, in the discretion of the office of
court administration, to the state board of elections, at least
quarterly, of the name, residence address and birthdate of any person of
voting age who has been adjudicated as incompetent.
4. a. If a board of elections receives any notices pursuant to the
provisions of subdivisions two and three of this section which set forth
a residence address outside of the city or county of such board's
jurisdiction, it shall, at least once a month, transmit such notices to
the appropriate board of elections, or, if such address is outside the
state, to the state board of elections.
b. The state board shall arrange such notices and the names received
pursuant to the other provisions of this section by county of residence
and transmit such notices and any notices of conviction for a felony
received from a United States attorney to the appropriate board of
elections.
c. If any such notices, or names received pursuant to the other
provisions of this section, set forth a residence address outside New
York state, the state board shall transmit such notices to the chief
state election official of such state at such times and in such manner
as it deems appropriate.
5. a. At least once each year during the month of February, each board
of elections shall obtain through the National Change of Address System,
the forwarding address for every voter registered with such board of
elections for whom the United States Postal Service has such a
forwarding address together with the name of each such voter whom the
Postal Service records indicate has moved from the address at which he
is registered without leaving a forwarding address.
b. The state board of elections shall obtain such information for
those boards of elections which request it do so. Such a request must be
made not later than April first. Each board which makes such a request
shall supply the list of voters registered with such board in a format
prescribed by the state board. Each such board shall reimburse the state
board for the fees it disburses to obtain such information if such fee
exceeds two hundred fifty dollars.
c. If the information received through the National Change of Address
System indicates that a voter has moved to an address outside such
county or city, or has moved without leaving a forwarding address, the
board of elections shall, not later than June first, send such voter the
confirmation notice prescribed by section 5-712 of this title and place
such voter in inactive status pursuant to section 5-213 of this article.
d. If the information received through the National Change of Address
System indicates that a voter has moved to another address in such
county or city, the board of elections shall transfer the registration
of such voter to such new address pursuant to the provisions of section
5-208 of this article and send such voter the notice prescribed by such
section 5-208.
6. It shall be the duty of the appropriate officers of a city, town or
village to notify the appropriate board of elections of any action by
such city, town or village which shall affect or change the name or
street numbers of any street located within such city, town or village.
Upon receipt of such information the board of elections shall make the
necessary changes in the addresses of the voters registered from
addresses wherein such change of street name or street numbers was
effected.
7. The real property assessment bureau of the department of finance of
the city of New York shall notify the board of elections in the city of
New York of each residence which, because of abandonment, demolition or
vacancy, no longer contains a potential voter.
Check of registrants; personal. 1. A special door to door
check of all the registered voters in any or all of the election
districts including election districts previously checked shall be
conducted in any year upon the written filed request of any one member
of the board of elections. The board of elections shall employ a
sufficient number of employees for the purpose of conducting such
checks.
2. The board shall supply such employees with copies of the most
recent registration list prepared for such election district under check
as corrected by the board to reflect new registrations and cancellations
occurring since the publication thereof. Such check shall be performed
by two employees of the board representing the major political parties
and they shall submit to the board of elections on or before a date
fixed by the board, a report signed by each of them. Such signed report
shall be accepted for all purposes as the equivalent of an affidavit,
and if it contains any material false statement, shall subject the
persons who sign the report to the same penalties as if each had been
duly sworn and such provision shall be printed in bold type directly
above the signature lines on such report. At the end of the ensuing
period of local registration in such years, the board of elections shall
forthwith prepare a supplementary list of all voters registered for the
first time during such period of local registration in the election
districts so canvassed and shall direct the conduct of a similar check
of all such voters.
3. Whenever it appears from the report that a registered voter is no
longer qualified the board shall proceed in the manner prescribed by
section 5-402 of this article.
Confirmation notices. 1. The board of elections shall send a
confirmation notice by forwardable first class or return postage
guaranteed mail to every registered voter or applicant for registration,
at the address at which the voter is registered or the address on the
application for registration, when any mail sent to such voter or
applicant is returned as undeliverable by the postal service without any
indication of a forwarding address and to any voter for whom notice that
the voter has moved without leaving a forwarding address, is received
from the United States Postal Service through the National Change of
Address System.
2. (a) The board of elections shall also send a confirmation notice to
every registered voter for whom it receives a notice of change of
address to an address not in such city or county which is not signed by
the voter. Such change of address notices shall include, but not be
limited to, notices of change of address received pursuant to
subdivision eleven of section 5-211 and subdivision six of section 5-212
of this article, notice of change of address from the United States
Postal Service through the National Change of Address System or from any
other agency of the federal government or any agency of any state or
local government and notice of a forwarding address on mail sent to a
voter by the board of elections and returned by the postal service. Such
confirmation notices shall be sent to such new address.
(b) If a notice sent pursuant to paragraph (a) of this subdivision to
the voter at the new address is returned as undeliverable, the board of
elections shall send another such notice to the address at which the
voter was originally registered.
3. Such notices shall be in a form prescribed by the state board of
elections and shall include a postage-paid return card on which the
voter may confirm the fact that he still resides at the address to which
the notice was sent, or notify the board of any change of address. Such
notices shall request all voters who receive the notice to reply with
their current addresses. Such notices shall request all voters who
receive the notice to reply with their current addresses and shall state
that voters who have not moved or who have moved within the county or
city and who do not respond may be required to vote by affidavit ballot
and that if they do not vote in any election up to and including the
second federal election after such notice, their registrations may be
cancelled. Such notices sent to addresses in New York state shall also
include a mail registration form and information on how voters who have
moved to a different city or county may reregister.
4. No such confirmation notices shall be sent between June first in
any year and the date of the general election in such year or in the
ninety days before a spring primary election except that such notices
shall be sent forthwith to persons for whom an acknowledgment of
acceptance of registration sent pursuant to subdivision nine of section
5-210 of this article is returned to the board of elections as
undeliverable and to every registered voter for whom the board of
elections receives a notice of change of address described in paragraph
a of subdivision two of this section to an address not in such city or
county.
5. All voters or applicants to whom a confirmation notice is sent,
pursuant to the provisions of this section, shall forthwith be placed in
inactive status.
TITLE 8 Electronic Personal Voter Registration Process
Electronic voter registration transmittal system. In addition
to any other means of voter registration provided for by this chapter,
the state board of elections shall establish and maintain an electronic
voter registration transmittal system through which applicants may apply
to register to vote online. The state board of elections shall
electronically transmit such applications to the applicable board of
elections of each county or the city of New York for filing, processing
and verification consistent with this chapter. In accordance with
technical specifications provided by the state board of elections, each
board of elections shall maintain a voter registration system capable of
receiving and processing voter registration application information,
including electronic signatures, from the electronic voter registration
transmittal system established by the state board of elections.
Notwithstanding any other inconsistent provision of this chapter,
applications filed using such system shall be considered filed with the
applicable board of elections on the calendar date the application is
initially transmitted by the voter through the electronic voter
registration transmittal system.
Online voter registration application. 1. A voter shall be
able to apply to register to vote using a personal online voter
registration application submitted through the electronic voter
registration transmittal system when the voter:
(a) completes an electronic voter registration application promulgated
by the state board of elections which shall include all of the voter
registration information required by section 5-210 of this article; and
(b) affirms, subject to penalty of perjury, by means of electronic or
manual signature, that the information contained in the voter
registration application is true and that the applicant meets all of the
qualifications to become a registered voter; and
(c) consents to the use of an electronic copy of the individual's
manual signature that is in the custody of the department of motor
vehicles, the state board of elections, or other agency designated by
sections 5-211 or 5-212 of this article, as the individual's voter
registration exemplar signature, or provides such a signature by direct
upload in a manner that complies with the New York state electronic
signature and records act and the rules and regulations promulgated by
the state board of elections.
2. The board of elections shall provide the personal online voter
registration application in any language required by the federal Voting
Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
3. The online voter registration application process shall provide
reasonable accommodations to improve accessibility for persons with
disabilities, and shall be compatible for use with standard online
accessibility assistance tools for persons with visual, physical or
perceptive disabilities.
4. The state board of elections shall promulgate rules and regulations
for the creation and administration of an online voter registration
system pursuant to this section.
Failure to provide exemplar signature not to prevent
registration. 1. If a voter registration exemplar signature is not
provided by an applicant who submits a voter registration application
pursuant to this title, the local board shall seek to obtain such
exemplar signature from the statewide voter registration database, the
state board of elections, or a state or local agency designated by
section 5-211 or 5-212 of this article.
2. If such exemplar signature is not available from the statewide
voter registration database, the state board of elections, or a state or
local agency designated by section 5-211 or 5-212 of this article, the
local board of elections shall, absent another reason to reject the
application, proceed to register and, as applicable, enroll the
applicant. Within ten days of such action, the board of elections shall
send a standard form promulgated by the state board of elections to the
voter whose record lacks an exemplar signature, requiring such voter to
submit a signature for identification purposes. The voter shall submit
to the board of elections a voter registration exemplar signature by any
one of the following methods: in person, by mail with return postage
paid provided by the board of elections, by electronic mail, or by
electronic upload to the board of elections through the electronic voter
registration transmittal system. If such voter does not provide the
required exemplar signature, when the voter appears to vote the voter
shall be entitled to vote by affidavit ballot.
TITLE 9 Automatic Voter Registration
Integrated personal voter registration application required.
1. In addition to any other method of voter registration provided for by
this chapter, state and local agencies designated in subdivisions
thirteen and fourteen of this section shall provide to the state board
of elections voter registration qualification information associated
with each person who submits an application for services or assistance
at such agency, including a renewal, recertification, or reexamination
transaction at such agency, and each person who submits a change of
address or name form. For the purposes of the department of motor
vehicles, "application for services or assistance at such agency" refers
only to an application for a motor vehicle driver's license, a driver's
license renewal or an identification card if such card is issued by the
department of motor vehicles in its normal course of business. For
purposes of the New York city housing authority "application for
services or assistance at such agency" refers only to applications that
reach an eligibility interview and reexamination transactions. Such
designated agencies shall ensure agency applications substantially
include all of the elements required by section 5-210 of this article,
including the appropriate attestation, so that persons completing such
applications shall be able to also submit an application to register to
vote through the electronic voter registration transmittal system. For
purposes of this section, "agency" shall mean any state or local agency,
department, division, office, institution or other entity designated in
subdivision thirteen of this section or designated by the governor
pursuant to subdivision fourteen of this section. For purposes of this
section, registration shall also include pre-registration pursuant to
section 5-507 of this article.
2. For each application submitted to the agency, whether
electronically or on paper, the agency shall transmit to the state board
of elections through an interface with the electronic voter registration
transmittal system established and maintained by the state board of
elections that portion of the application that includes voter
registration information. The state board of elections shall
electronically forward such application to the applicable board of
elections of each county or the city of New York for filing, processing
and verification consistent with this chapter.
3. An integrated voter registration form submitted to an agency in
paper format shall be transmitted to the state board of elections
through an electronic voter registration transmittal system by
converting the paper form to an image file or a portable document format
file which shall thereafter be deemed the original form for voter
registration and enrollment purposes. The agency shall retain the
complete original paper application for no less than two years. The
transmittal of the converted paper application may include or be
accompanied by data elements and transmittal information as required by
the rules and regulations of the state board of elections.
4. An integrated voter registration application submitted to an agency
in an electronic format shall be transmitted to the state board of
elections through the electronic voter registration transmittal system
and shall include all of the voter registration data elements, including
electronic signature, as applicable, and record of attestation of the
accuracy of the voter registration information and any relevant document
images.
5. Notwithstanding any other law to the contrary, no agency designated
under this section shall transmit to the state board of elections any
application for registration for a person that indicates on the
integrated personal voter registration application that they do not meet
one of the eligibility requirements.
6. The voter registration related portion of each agency's integrated
application for services or assistance shall:
(a) include a statement of the eligibility requirements for voter
registration and shall require the applicant to attest by the
applicant's signature that the applicant meets those requirements under
penalty of perjury and is applying to register or pre-register to vote
unless such applicant declines such registration;
(b) inform the applicant, in print identical to that used in the
attestation section of the following:
(i) voter eligibility requirements;
(ii) penalties for submission of a false registration application;
(iii) that the office where the applicant applies for registration
shall remain confidential and the voter registration information shall
be used only for voter registration purposes;
(iv) that if the applicant applies to register to vote electronically,
such applicant thereby consents to the use of an electronic copy of the
individual's manual signature that is in the custody of the department
of motor vehicles, the state board of elections, or other agency
designated by this section, as the individual's voter registration
exemplar signature if the individual voter's exemplar signature is not
provided with the voter registration application;
(v) if the applicant signs the application and does not check the box
declining to register to vote, such applicant thereby consents to the
use of any information required to complete the voter registration
application;
(vi) if the applicant declines to register, such applicant's
declination shall remain confidential and be used only for voter
registration purposes; and
(vii) that applying to register or declining to register to vote will
not affect the amount of assistance that the applicant will be provided
by this agency;
(c) include a box for the applicant to check to indicate whether the
applicant would like to decline to register to vote along with the
following statement in prominent type, "IF YOU DO NOT CHECK THIS BOX,
AND YOU PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU WILL HAVE APPLIED
TO REGISTER OR PRE-REGISTER TO VOTE, AND YOU WILL HAVE ATTESTED TO YOUR
ELIGIBILITY TO REGISTER OR PRE-REGISTER TO VOTE."
(d) include the following warning statement in prominent type, "IF YOU
ARE NOT A CITIZEN OF THE UNITED STATES, YOU MUST CHECK THE BOX BELOW.
NON-CITIZENS WHO REGISTER OR PRE-REGISTER TO VOTE MAY BE SUBJECT TO
CRIMINAL PENALTIES AND SUCH VOTER REGISTRATION OR PRE-REGISTRATION MAY
RESULT IN DEPORTATION OR REMOVAL, EXCLUSION FROM ADMISSION TO THE UNITED
STATES, OR DENIAL OF NATURALIZATION.";
(e) include a space for the applicant to indicate the applicant's
choice of party enrollment, with a clear alternative provided for the
applicant to decline to affiliate with any party and the following
statement in prominent type " ONLY ENROLLED MEMBERS OF A POLITICAL PARTY
MAY VOTE IN THAT PARTY'S PRIMARIES".
(f) include a statement that if an applicant is a victim of domestic
violence or stalking, the applicant may contact the state board of
elections before or after registering or pre-registering to vote in
order to receive information regarding the address confidentiality
program for victims of domestic violence under section 5-508 of this
article.
7. Information from the voter relevant to both voter registration and
the agency application shall be entered by the voter only once upon an
electronic application.
8. The agency shall redact or remove from the completed integrated
application to be transmitted to the state board of elections any
information solely applicable to the agency application.
9. Information concerning the citizenship status of individuals, when
collected and transmitted pursuant to subdivision one of this section,
shall not be retained, used or shared for any other purpose except as
may be required by law.
10. A voter shall be able to decline to register to vote using an
integrated application by selecting a single check box, or equivalent,
which shall include the following statement: "I DECLINE USE OF THIS FORM
FOR VOTER REGISTRATION AND PRE-REGISTRATION PURPOSES. DO NOT FORWARD MY
INFORMATION TO THE BOARD OF ELECTIONS."
11. The voter shall be able to sign the voter registration application
and the agency application by means of a single manual or electronic
signature unless the agency requires more than one signature for other
agency purposes.
12. No application for voter registration shall be submitted if the
applicant declines registration or fails to sign the integrated
application, whether on paper or online.
13. Beginning January first, two thousand twenty-three, designated
agencies for purposes of this section shall include the department of
motor vehicles. Beginning January first, two thousand twenty-four,
designated agencies for the purposes of this section shall also include
the department of health, the office of temporary and disability
assistance, the department of labor, the office of adult career and
continuing education services - vocational rehabilitation, county and
city departments of social services, and the New York city housing
authority, as well as any other agency designated by the governor.
Beginning January first, two thousand twenty-five, designated agencies
for the purposes of this section shall also include the state university
of New York. Each designated agency shall enter into an agreement with
the state board of elections finalizing the format and content of
electronic transmissions required by this section. The state board of
elections shall prepare and distribute to designated agencies written
instructions as to the implementation of the program and shall be
responsible for establishing training programs for employees of
designated agencies listed in this section. Such instructions and such
training shall ensure usability of the integrated application for low
English proficiency voters. Any such designated agency shall take all
actions that are necessary and proper for the implementation of this
section, including facilitating technological capabilities to allow
transmission of data through an interface with the electronic voter
registration transmittal system in a secure manner.
14. Every other year, the governor shall conduct a review of each
participating agency under section 5-211 of this article not already
designated as an automatic voter registration agency pursuant to this
subdivision in order to determine whether designation is appropriate.
The governor shall designate each participating agency that collects
information or documents that would provide proof of eligibility to vote
unless the governor determines that there are compelling reasons why
automatic voter registration is not feasible at the agency. If the
governor should determine that there are compelling reasons why
automatic voter registration is not feasible at an agency, the governor
shall prepare a report explaining those reasons to the legislature by
the end of the calendar year in which that determination is made. Any
agency designated by the governor pursuant to this subdivision shall
provide automatic voter registration upon the earlier occurrence of: (a)
two years after designation by the governor, or (b) five days after the
date of certification by the state board of elections that the
information technology infrastructure to substantially implement the
provisions of this section at the agency is functional.
15. The state board of elections shall promulgate rules and
regulations for the creation and administration of an integrated
electronic voter registration process as provided for by this section.
16. Each participating agency shall provide an opportunity through
rulemaking for public notice and comment regarding the plans for
implementation in the agency. Such opportunity must be provided
sufficiently in advance of implementation to allow for adjustment of
agency plans to take public comment into account. Agency plans for
implementation shall provide for sufficient testing of the process in
the agency prior to implementation in order to ensure the technology is
functioning properly, the process is usable and understandable for
applicants and agency employees, and reasonable precautions have been
put in place to minimize error or the possibility of discouraging
applications for services, assistance, or registration.
Failure to receive exemplar signature not to prevent
registration. If a voter registration exemplar signature is not received
from an applicant who submits a voter registration or pre-registration
application pursuant to this title and such signature exemplar is not
otherwise available from the statewide voter registration database or a
state or local agency, the local board of elections shall, absent
another reason to reject the application, proceed to register or
pre-register and, as applicable, enroll the applicant. Within ten days
of such action, the board of elections shall send a standard form
promulgated by the state board of elections to the voter whose record
lacks an exemplar signature, requiring such voter to submit a signature
for identification purposes. The voter shall submit to the board of
elections a voter registration exemplar signature by any one of the
following methods: in person, by mail with return postage paid provided
by the board of elections, by electronic mail, or by electronic upload
to the board of elections through the electronic voter registration
transmittal system. If such voter does not provide the required exemplar
signature, when the voter appears to vote the voter shall be entitled to
vote by affidavit ballot.
Presumption of innocent authorized error. 1. Notwithstanding
subdivision six of section 5-210 of this article or any other law to the
contrary, a person who is ineligible to vote who fails to decline to
register or pre-register to vote in accordance with the provisions of
this section and did not willfully and knowingly seek to register or
pre-register to vote knowing that the person is not eligible to do so:
(a) shall not be guilty of any crime as the result of the applicant's
failure to make such declination;
(b) shall be deemed to have been registered or pre-registered with
official authorization; and
(c) such act may not be considered as evidence of a claim to
citizenship.
2. Notwithstanding subdivision six of section 5-210 of this article or
any other law to the contrary, a person who is ineligible to vote who
fails to decline to register or pre-register to vote in accordance with
the provisions of this section, who then either votes or attempts to
vote in an election held after the effective date of that person's
registration, and who did not willfully and knowingly seek to register
or pre-register to vote knowing that the person is not eligible to do
so, and did not subsequently vote or attempt to vote knowing that the
person is not eligible to do so:
(a) shall not be guilty of any crime as the result of the applicant's
failure to make such declination and subsequent vote or attempt to vote;
(b) shall be deemed to have been registered or pre-registered with
official authorization; and
(c) such act may not be considered as evidence of a claim to
citizenship.
Forms. The state board of elections shall promulgate rules
and regulations to implement this title. All agency forms and notices
required by this title shall be approved by the state board of
elections. All applications and notices for use by a board of elections
pursuant to this title shall be promulgated by the state board of
elections, and no addition or alteration to such forms by a board of
elections shall be made without approval of the state board of
elections.
TITLE 10 Multistate Voter List Maintenance Organization Membership Authorization
Joining a multistate voter list maintenance organization.
The state board of elections shall join the state as a member in one or
more multistate voter list maintenance organizations including, but not
limited to, the electronic registration information center or its
successor. The state board of elections shall expend funds for
membership fees, dues and other expenses related to such membership.
Designating a member representative. The state board of
elections shall designate the chief election official of the state of
New York as the representative to the board of directors of any
multistate voter list maintenance organization that the state is a
member of including, but not limited to, the electronic registration
information center or its successor.
Authorization to share registration records with multistate
voter list maintenance organization. 1. Notwithstanding any other
provision of law, the member representative designated under section
5-1001 of this title shall provide to the multistate voter list
maintenance organization that they are a member of the following
information from the statewide voter registration list as defined in
section 5-614 of this article:
(a) all name fields;
(b) all address fields;
(c) date of birth;
(d) state voter identification number;
(e) voter's last registration date;
(f) activity dates as defined by the multistate voter list maintenance
organization;
(g) voter history;
(h) DMV ID number; and
(i) last four digits of the voter's social security number.
2. The member representative designated under section 5-1001 of this
title shall also provide any information to the multistate voter list
maintenance organization provided to such member representative from the
department of motor vehicles pursuant to section two hundred nineteen-a
of the vehicle and traffic law.
3. The state board of elections shall not provide any information on
any person in the confidential voter program pursuant to section 5-508
of this article for any purpose under this title. Nothing in this title
shall be construed to require the department of motor vehicles to
provide any information on any person in such program.
4. The state board of elections is authorized to promulgate any rule
or regulation necessary to effectuate the provisions of this title.
Use of information from a multistate voter list maintenance
organization. 1. Notwithstanding any provision of law to the contrary,
the state board of elections shall use any information provided by a
multistate voter list maintenance organization that the state has joined
pursuant to section 5-1001 of this title, including but not limited to,
the use of such information in list maintenance activities performed
pursuant to section 5-614 of this article.
2. To avoid inadvertent or accidental registration of persons
ineligible to register to vote, any mailing to any potentially eligible
but unregistered person shall state the voter registration criteria,
including but not limited to, any citizenship requirements.
Withdrawal from a multistate voter list maintenance
organization. Withdrawal of the state from a multistate voter list
maintenance organization shall require an affirmative vote of the state
board of elections commissioners pursuant to subdivision four of section
3-100 of this chapter.
ARTICLE 6 Designation and Nomination of Candidates
Nominations and designations; generally. Nomination and
designation of candidates for election to public office or party
position are governed by this article.
Party nominations; electors, presidential. Party nominations
of candidates for the office of elector of president and vice president
of the United States, one for each congressional district and two at
large, shall be made by the state committee.
Party designation; statewide office. 1. Party designation of
a candidate for nomination for any office to be filled by the voters of
the entire state shall be made by the state committee. A designation for
the offices of governor and lieutenant governor, shall be made jointly
by a single majority vote of such committee.
2. The state committee shall make a decision by majority vote. The
person or persons receiving the majority vote shall be the party's
designated candidate or pair of candidates for nomination, and all other
persons who shall have received twenty-five percent or more of the vote
cast on any ballot shall have the right to make written demand, duly
acknowledged, to the state board of elections that their names appear on
the primary ballot as candidates for such nomination. Such demand shall
be made not later than seven days after such meeting and may be
withdrawn in the same manner within fourteen days after such meeting;
provided however, that in the case of the joint designation for the
offices of governor and lieutenant governor made pursuant to subdivision
five of this section, such right to make a written demand shall be
afforded only to a pair of candidates who jointly sought such
designation where the candidate for governor in such pair received
twenty-five percent or more of the vote cast on any ballot for such
office, and such demand must be made jointly by both candidates in such
pair for their names to appear jointly on the primary ballot as
candidates for nomination for such offices.
3. In the absence of a party rule forming and designating the members
of a committee to fill any vacancy in designations which may occur after
the state committee has adjourned its meeting and before the primary
election, the state committee shall also enact a resolution forming such
a committee and selecting the members of same.
4. Upon the vote for such designation, each member of the state
committee shall be entitled to cast a number of votes which shall be in
accordance with the ratio which the number of votes cast for the party
candidate for governor on the line or column of the party at the last
preceding general state election in the unit of representation of such
member bears to the total vote cast on such line or column at such
election for such candidate in the entire state. The apportionment of
such votes as so prescribed shall be determined by the rules of the
party.
5. Enrolled members of the party may make other designations by
petition for members of the same party. A petition designating a
candidate for the office of governor or lieutenant governor shall be
valid only if such petition jointly designates candidates for both such
offices on such petition.
6. The meeting of the state committee for the purpose of designating
candidates shall be held not earlier than twenty-one days before the
first day to sign designating petitions and not later than the first day
to sign designating petitions for the primary election.
7. Within four days after such meeting, the state committee shall file
with the state board of elections.
(a) The names of persons who have received the designation of the
state committee and the offices for which designated, and the name of
each person who received twenty-five percent or more, of the vote on any
ballot and the offices for which they received such vote.
(b) The names of the persons selected as the committee to fill
vacancies or a certified copy of the party rule forming and empowering
such a committee to fill vacancies.
8. No person may be designated by a state committee for more than one
statewide office pursuant to the provisions of this section.
Party nominations; justice of the supreme court. Party
nominations for the office of justice of the supreme court shall be made
by the judicial district convention.
Party nominations; towns. 1. In any town in a county having a
population of over seven hundred fifty thousand inhabitants, as shown by
the latest federal decennial or special population census, party
nominations of candidates for town offices shall be made at the primary
preceding the election. In any other town, nominations of candidates for
town offices shall be made by caucus or primary election as the rules of
the county committee shall provide, except that the members of the
county committee from a town may adopt by a two-thirds vote, a rule
providing that the party candidates for town offices shall be nominated
at the primary election. If a rule adopted by the county committee of a
political party or by the members of the county committee from a town,
provides that party candidates for town offices, shall be nominated at a
primary election, such rule shall not apply to nor affect a primary held
less than four months after a certified copy of the rule shall have been
filed with the board of elections. After the filing of such a rule, the
rule shall continue in force until a certified copy of a rule revoking
the same shall have been filed with such board at least four months
before a subsequent primary. Such a caucus shall be held no earlier than
the first day on which designating petitions for the primary election
may be signed.
2. In the event that there is no town committee with a chairman, the
chairman of the county committee or such other person or body as the
rules of such committee may provide, shall designate an enrolled member
of the party who is a qualified voter of such town as the town caucus
chairman to convene such caucus and give notice thereof.
3. A notice of any party caucus held for making party nominations of
candidates for town offices shall be given by proper party authorities
by posting such notice in the public areas at the offices of the town
clerk and the board of elections and filing a copy of such notice with
such clerk and such board at least ten days preceding the day of the
caucus and, either by newspaper publication thereof once within the town
at least one week and not more than two weeks preceding the caucus, or
by posting in ten public places in the town at least ten days preceding
the day of the caucus. The notice shall specify the time and place or
places, and the purpose of the caucus. There shall be a chairman and
secretary, and there may be tellers, for each such caucus, and they
shall take the constitutional oath of office before acting. No person
shall participate in such a caucus for the nomination of candidates for
town offices, unless he shall appear as an enrolled party voter on the
transcript of enrollments from the registration poll ledger. Town
caucuses described in this section shall be held at the expense of the
party. Subject to the foregoing provisions, the county committee of the
county containing a town may prescribe rules governing the conduct of
party caucuses described in this section.
Party nominations; public office. All other party nominations
of candidates for offices to be filled at a general election, except as
provided for herein, shall be made at the primary election.
Party nominations; special election. Party nominations for an
office to be filled at a special election shall be made in the manner
prescribed by the rules of the party.
Party nominations; election to fill a vacancy. A party
nomination of a candidate for election to fill a vacancy in an elective
office required to be filled at the next general election, occurring
after seven days before the last day for circulating designating
petitions or after the holding of the meeting or convention to nominate
or designate candidates for such, shall be made, after the day of the
primary election, by a majority vote of a quorum of the state committee
if the vacancy occurs in an office to be filled by all voters of the
state, and otherwise by a majority vote of a quorum of the members of a
county committee or committees last elected in the political subdivision
in which such vacancy is to be filled, or by a majority of such other
committee as the rules of the party may provide. A certificate of
nomination shall be filed as provided for herein.
Designation and nomination by petition. Except as otherwise
provided by this article, the designation of a candidate for party
nomination at a primary election and the nomination of a candidate for
election to a party position to be elected at a primary election shall
be by designating petition.
Designation and nomination; restrictions. 1. A petition,
except as otherwise herein provided, for the purpose of designating any
person as a candidate for party nomination at a primary election shall
be valid only if the person so designated is an enrolled member of the
party referred to in said designating petition at the time of the filing
of the petition.
2. Except as provided in subdivisions three and four of this section,
no party designation or nomination shall be valid unless the person so
designated or nominated shall be an enrolled member of the political
party referred to in the certificate of designation or nomination at the
time of filing of such certificate.
3. The members of the party committee representing the political
subdivision of the office for which a designation or nomination is to be
made, unless the rules of the party provide for another committee, in
which case the members of such other committee, and except as
hereinafter in this subdivision provided with respect to certain offices
in the city of New York, may, by a majority vote of those present at
such meeting provided a quorum is present, authorize the designation or
nomination of a person as candidate for any office who is not enrolled
as a member of such party as provided in this section. In the event that
such designation or nomination is for an office to be filled by all the
voters of the city of New York, such authorization must be by a majority
vote of those present at a joint meeting of the executive committees of
each of the county committees of the party within the city of New York,
provided a quorum is present at such meeting. The certificate of
authorization shall be filed not later than four days after the last day
to file the designating petition, certificate of nomination or
certificate of substitution to which such authorization relates,
provided, however, such certificate shall be filed not later than nine
days following the issuance of a proclamation of a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law. The certificate of authorization shall be signed
and acknowledged by the presiding officer and the secretary of the
meeting at which such authorization was given.
4. This section shall not apply to a political party designating or
nominating candidates for the first time, to candidates nominated by
party caucus, nor to candidates for judicial offices.
Designation or nomination; eligibility, restrictions. A
person shall not be designated or nominated for a public office or party
position who (1) is not a citizen of the state of New York; (2) is
ineligible to be elected to such office or position; or (3) who, if
elected will not at the time of commencement of the term of such office
or position, meet the constitutional or statutory qualifications thereof
or, with respect to judicial office, who will not meet such
qualifications within thirty days of the commencement of the term of
such office.
Conventions; judicial. A judicial district convention shall
be constituted by the election at the preceding primary of delegates and
alternate delegates, if any, from each assembly district or, if an
assembly district shall contain all or part of two or more counties and
if the rules of the party shall so provide, separately from the part of
such assembly district contained within each such county. The number of
delegates and alternates, if any, shall be determined by party rules,
but the number of delegates shall be substantially in accordance with
the ratio, which the number of votes cast for the party candidate for
the office of governor, on the line or column of the party at the last
preceding election for such office, in any unit of representation, bears
to the total vote cast at such election for such candidate on such line
or column in the entire state. The number of alternates from any
district shall not exceed the number of delegates therefrom. The
delegates certified to have been elected as such, in the manner provided
in this chapter, shall be conclusively entitled to their seats, rights
and votes as delegates to such convention. When a duly elected delegate
does not attend the convention, his place shall be taken by one of the
alternates, if any, to be substituted in his place, in the order of the
vote received by each such alternate as such vote appears upon the
certified list and if an equal number of votes were cast for two or more
such alternates; the order in which such alternates shall be substituted
shall be determined by lot forthwith upon the convening of the
convention. If there shall have been no contested election for
alternate, substitution shall be in the order in which the name of such
alternate appears upon the certified list, and if no alternates shall
have been elected or if no alternates appear at such convention, then
the delegates present from the same district shall elect a person to
fill the vacancy.
Conventions; rules for holding. 1. The time and place of
meeting of a convention shall be fixed, within the times prescribed
herein, by a committee appointed pursuant to the rules of the state
committee. The room designated for the meeting place of a convention
shall have ample seating capacity for all delegates and alternates.
Every convention shall be called to order by the chairman of the
committee from which the call originates or by a person designated in
writing for that purpose by such chairman, or, if he fails to make such
designation, then, by a person designated in such manner as the rules of
the party shall prescribe. Such chairman or person designated shall have
the custody of the roll of the convention until it shall have been
organized. No such convention shall proceed to the election of a
temporary chairman or transact any business until the time fixed for the
opening thereof nor until a majority of the delegates or respective
alternates named in the official roll shall be present. The roll call
upon the election of a temporary chairman shall not be delayed more than
one hour after the time specified in the call for the opening of the
convention, provided a majority of delegates, including alternates
sufficient to make up such majority by substitution, are present. The
person who calls the convention to order shall exercise no other
function than that of calling the official roll of the delegates upon
the vote for temporary chairman and declaring the result thereof.
2. The temporary chairman shall be chosen upon a call of the official
roll. The committees of the convention shall be appointed by the
convention, or by the temporary chairman, as the convention may order.
Where only one candidate is placed in nomination for any office, the
vote may be taken viva voce. When more than one candidate is placed in
nomination for an office the roll of the delegates shall be called and
each delegate when his name is called shall arise in his place and
announce his choice, except that the chairman of a delegation from any
unit of representation provided for by party rules, unless a member of
such delegation objects, may announce the vote of such delegation. The
convention may appoint a committee to nominate candidates to fill
vacancies in nominations made by the convention and caused by the death,
declination or disqualification of a candidate. The permanent officer
shall keep the records of the convention.
New party; first nominations by. 1. When an independent body
becomes a party at a general election by qualifying under the
requirements set by law, nominations shall, prior to and including the
first general election thereafter, be made as provided by the rules of
such party. A certificate of such nominations shall contain:
(a) The name of the party filing the nominations which shall not be
altered or modified once submitted.
(b) The title of the office for which the nomination is made and the
name and residence address of the person so nominated.
(c) The names of the members of the committee, if any, appointed to
fill vacancies in nominations.
(d) A description and representation of the party's emblem.
(e) The name of the committee making the nomination.
(f) A certified copy of the party rules describing the rule-making
body and nomination process.
(g) An affidavit containing a statement by the presiding officer and
secretary of the committee that they are such officers and the
statements in the certificate are true.
2. The certificate of nomination, with all required information
contained therein, shall be filed in the same places and manner as
provided for designating petitions, not later than the first day of
September preceding the general election, or as otherwise provided
herein.
3. After examination, no board or officer shall receive for filing any
such certificate of nomination unless the above requirements have been
fulfilled.
4. If there is any question or conflict relating to the rules or the
rule-making body, rules which a majority of the candidates of such party
who were nominated by petition for offices voted for by all the voters
of the state at the general election at which the independent body
became a party certify were duly adopted by a properly authorized body
shall be deemed to be the rules. The certificate of such candidates
describing the rule-making body shall be controlling.
Designating petition; signer information. The sheets of a
designating petition must set forth in every instance the name of the
signer, his or her residence address, town or city (except in the city
of New York, the county), and the date when the signature is affixed.
Designating petition; form. 1. Each sheet of a designating
petition shall be signed in ink and shall contain the following
information and shall be in substantially the following form:
I, the undersigned, do hereby state that I am a duly enrolled voter of
the.................... party and entitled to vote at the next primary
election of such party, to be held on..............., 20...; that my
place of residence is truly stated opposite my signature hereto, and I
do hereby designate the following named person (or persons) as a
candidate (or candidates) for the nomination of such party for public
office or for election to a party position of such party.
________________________________________________________________________
**(JOINTLY DESIGNATED CANDIDACY FOR GOVERNOR AND LIEUTENANT GOVERNOR)**
Name of Governor Residence of Candidate
Candidate for Governor
for Governor
............ .........................
............ .........................
Name of
Candidate for
Lieutenant Lieutenant Governor Residence of Candidate
Governor for Lieutenant Governor
............ .........................
............ .........................
________________________________________________________________________
Public Office
or party position Place of Residence
Names of (include district number, (also post office address,
candidates if applicable) if not identical)
............ ................ .........................
............ ................ .........................
I do hereby appoint .............................. (insert the names
and addresses of at least three persons, all of whom shall be enrolled
voters of said party) as a committee to fill vacancies in accordance
with the provisions of the election law.
In witness whereof, I have hereunto set my hand, the day and year
placed opposite my signature.
Date Name of Signer Residence
............ .............. .........................
............ .............. .........................
Town or city (except
in the city of New
York, the county)
..................
..................
2. There shall be appended at the bottom of each sheet a signed
statement of a witness who is a duly qualified voter of the state, who
is an enrolled voter of the same political party as the voters qualified
to sign the petition and who has not previously signed a petition for
another candidate for the same office. Such a statement shall be
accepted for all purposes as the equivalent of an affidavit, and if it
contains a material false statement, shall subject the person signing it
to the same penalties as if he or she had been duly sworn. The form of
such statement shall be substantially as follows:
STATEMENT OF WITNESS
I,..................... (name of witness) state: I am a duly qualified
voter of the State of New York and am an enrolled voter of
the....................... party. I now reside at....................
(residence address).
Each of the individuals whose names are subscribed to this petition
sheet containing................. (fill in number) signatures,
subscribed the same in my presence on the dates above indicated and
identified himself or herself to be the individual who signed this
sheet.
I understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if it contains a material false
statement, shall subject me to the same penalties as if I had been duly
sworn.
Date:....................... ..........................
Signature of Witness
Witness identification information: The following information must be
completed prior to filing with the board of elections in order for this
petition sheet to be valid.
Town or City County
............ ........
3. In lieu of the signed statement of a witness who is a duly
qualified voter of the state, the following statement signed by a notary
public or commissioner of deeds shall be accepted:
On the dates above indicated before me personally came each of the
voters whose signatures appear on this petition sheet containing
.............. (fill in number) signatures, who signed same in my
presence and who, being by me duly sworn, each for himself or herself,
said that the foregoing statement made and subscribed by him or her, was
true.
Date:..................
.............................
(Signature and official title
of officer administering oath)
4. The state board of elections shall prepare a sample form of a
designating petition which meets the requirements of this section and
shall distribute or cause such forms to be distributed to each board of
elections. Such forms shall be made available to the public, upon
request, by the state board of elections and each such board. Any
petition that is a copy of such a sample shall be deemed to meet the
requirements of form imposed by this section.
Designating petition; rules. 1. A designating petition may
designate candidates for nomination for one or more different public
offices or for nomination for election to one or more party positions or
both, but designations or nominations for which the petitions are
required to be filed in different offices or petitions for the same
public office or party position in different political subdivisions may
not be combined in the same petition. If two or more offices having the
same title are to be filled for different terms, the terms of office
shall be included as part of the title of the office.
1-a. A designating petition for the offices of governor and lieutenant
governor shall be valid only if such petition jointly designates
candidates for both offices.
2. Sheets of a designating petition shall be delivered to the board of
elections in the manner prescribed by regulations that shall be
promulgated by the state board of elections, provided, however, that the
sheets of any volume of a petition shall be numbered. Such regulations
shall be no more restrictive than is reasonably necessary for the
processing of such petitions by the board of elections. Such regulations
shall be binding on the boards of election in each county and in the
city of New York. When a determination is made that a designating
petition does not comply with such regulations, the candidate shall have
three business days from the date of such determination to cure the
violation.
3. If a voter shall sign any petition or petitions designating a
greater number of candidates for public office or party position than
the number of persons to be elected thereto his signatures, if they bear
the same date, shall not be counted upon any petition, and if they bear
different dates shall be counted in the order of their priority of date,
for only so many designees as there are persons to be elected.
4. A signature made earlier than thirty-seven days before the last day
to file designating petitions for the primary election shall not be
counted.
* 4-a. Notwithstanding the time fixed in subdivision four of this
section, for the year two thousand twenty-six, a signature made earlier
than forty-one days before the last day to file designating petitions
for the primary election, or a signature made later than the twelfth
Thursday preceding the primary election, shall not be counted.
* NB Repealed December 31, 2026
5. The use of titles, initials or customary abbreviations of given
names by the signers of, or witnesses to, designating petitions or the
use of customary abbreviations of addresses of such signers or
witnesses, shall not invalidate such signatures or witness statement
provided that the identity of the signer or witness as a registered
voter can be established by reference to the signature on the petition
and that of a person whose name appears in the registration poll
ledgers, provided, however, nothing in this section shall prevent a
court from receiving sworn testimony or other admissible evidence as to
the authenticity of a signature when such signature would otherwise be
invalidated for not matching the signature on file with the board of
elections.
6. An alteration or correction of information appearing on a signature
line, other than the signature itself and the date, shall not invalidate
such signature.
7. A signer need only place his signature upon the petition, and need
not himself fill in the other required information.
8. Notwithstanding any other provision of this chapter, the failure to
list a committee to fill vacancies or the failure to list at least three
eligible voters as a committee to fill vacancies shall not invalidate
the petition unless a vacancy occurs which, under law, may be filled
only by such a committee.
9. A person other than the subscribing witness may insert the
information required by the subscribing witness statement, provided that
all subscribing witness information required above the subscribing
witness' signature is inserted either before such subscribing witness
signs the statement or in the presence of such subscribing witness.
10. The provisions of this section shall be liberally construed, not
inconsistent with substantial compliance thereto and the prevention of
fraud.
11. If the number of signatures on any petition sheet is understated
in the witness statement, such petition sheet shall not be invalid
solely because of such understatement, but such petition sheet will be
deemed to contain the number of signatures indicated on such witness
statement and the signatures at the end of such petition sheet that are
in excess of the number so indicated shall be deemed not to have been
filed.
12. A signature on a petition sheet shall not be deemed invalid solely
because the address provided is the post office address of the signer
provided that proof that such address is the accepted address of such
signer is provided to the board of elections no later than three days
following the receipt of specific objections to such signature.
13. In addition to the requirement for the signature, the printed name
of the signer may be added, provided that the failure to provide a place
to print the name or failure to print a name if a space is provided
shall not invalidate the signature or petition.
14. Notwithstanding any provision of law to the contrary, upon receipt
of a designating petition pursuant to this section, the board of
elections of the city of New York shall provide notice to each candidate
designated in such petition for election to a party position of a county
committee located within the city of New York informing such candidate
of such designation.
Designating petitions; number of signatures. 1. Petitions for
any office to be filled by the voters of the entire state must be signed
by not less than fifteen thousand or five per centum, whichever is less,
of the then enrolled voters of the party in the state (excluding voters
in inactive status), of whom not less than one hundred or five per
centum, whichever is less, of such enrolled voters shall reside in each
of one-half of the congressional districts of the state.
2. All other petitions must be signed by not less than five per
centum, as determined by the preceding enrollment, of the then enrolled
voters of the party residing within the political unit in which the
office or position is to be voted for (excluding voters in inactive
status), provided, however, that for the following public offices the
number of signatures need not exceed the following limits:
(a) For any office to be filled by all voters of the city of New York,
seven thousand five hundred signatures;
(b) For any office to be filled by all the voters of any county or
borough within the city of New York, four thousand signatures;
(c) For any office to be filled in the city of New York by all the
voters of any municipal court district, one thousand five hundred
signatures;
(c-1) For any office to be filled in the city of New York by all the
voters of any city council district, nine hundred signatures;
(d) For any office to be filled by all the voters of cities or
counties, except the city of New York and counties therein, containing
more than two hundred fifty thousand inhabitants according to the last
preceding federal enumeration, two thousand signatures;
(e) For any office to be filled by all the voters of cities or
counties containing more than twenty-five thousand and not more than two
hundred fifty thousand inhabitants, according to the last preceding
federal enumeration, one thousand signatures;
(f) For any office to be filled by all the voters of any other city or
county, or of a councilmanic district in any city other than the city of
New York, five hundred signatures;
(g) For any office to be filled by all the voters of any congressional
district, twelve hundred fifty signatures;
(h) For any office to be filled by all the voters of any state
senatorial district, one thousand signatures;
(i) For any office to be filled by all voters of any assembly
district, five hundred signatures;
(j) For any office to be filled by all the voters of any political
subdivision, except as herein otherwise provided, contained within
another political subdivision, not to exceed the number of signatures
required for the larger subdivision;
(k) For any other office to be filled by the voters of a political
subdivision containing more than one assembly district, county or other
political subdivision, not to exceed the aggregate of the signatures
required for the subdivisions or parts of subdivisions so contained; and
(l) For any county legislative district, five hundred signatures.
3. The number of signatures on a petition to designate a candidate or
candidates for the position of delegate or alternate to a state or
judicial district convention or member of the state committee or
assembly district leader or associate assembly district leader need not
exceed the number required for member of assembly, and to designate a
candidate for the position of district delegate to a national party
convention need not exceed the number required for a petition for
representative in congress.
Independent nominations; rules. 1. Independent nominations
for public office shall be made by a petition containing the signatures
of registered voters of the political unit for which a nomination is
made who are registered to vote. The name of a person signing such a
petition for an election for which voters are required to be registered
shall not be counted if the name of a person who has signed such a
petition appears upon another valid and effective petition designating
or nominating the same or a different person for the same office.
2. Except as otherwise provided herein, the form of, and the rules for
a nominating petition shall conform to the rules and requirements for
designating petitions contained in this article.
2-a. Independent nominations for the offices of governor and
lieutenant governor shall be designated jointly by the independent body.
An independent nominating petition for the offices of governor and
lieutenant governor shall be valid only if such petition jointly
nominates candidates for both offices.
3. a. The name selected for the independent body making the nomination
shall be in English characters and shall not include the name or part of
the name or an abbreviation of the name or part of the name, nor shall
the emblem or name be of such a configuration as to create the
possibility of confusion with the emblem or name of a then existing
party, or the emblem or name of an independent body selected by a
previously filed independent nominating petition for the same office.
Such name selected for such independent body shall continuously remain
the name of such party as defined in subdivision three of section 1-104
of this chapter.
b. Notwithstanding the requirements of paragraph a of this
subdivision, if the emblem or name selected for an independent body on
any independent nominating petition is the same as that selected by any
previously filed independent nominating petition for the same office,
the board of elections with which such later petition was filed shall,
not later than two days after the filing of such later filed petition,
send notice of such duplicate selection of emblem or name by first-class
mail, to the candidate for such office who was nominated by such later
filed petition, and that the candidate to whom such notice is required
to be sent may file with such board of elections, not later than seven
days after such notice was mailed, a certificate selecting a different
emblem or name.
c. A person who has been nominated or who expects to be nominated as
the candidate of an independent body for the office of President of the
United States at any election for such office may, not later than three
days after the last day to file nominating petitions, file with the
state board of elections, a special certificate which shall be
irrevocable, stating that such person does not wish to permit candidates
for any other office, except the office of Vice-President of the United
States, to appear on the ballot with the same name and emblem as the
independent body which has nominated or will nominate such candidate for
the office of President.
d. Not later than seven days after the last day to file nominating
petitions, the state board of elections shall notify each local board of
elections of the name of each candidate for President of the United
States who has filed such a special certificate, together with the name
and emblem of the independent body selected on the petition which
nominated such candidate.
e. If any candidate has been nominated for any other office by a
petition which selected the same name or emblem for an independent body
as the name or emblem selected on the petition which nominated a
candidate for President of the United States who has filed a special
certificate pursuant to paragraph c of this subdivision, the board of
elections with which the petition nominating such candidate for such
other office was filed shall, not later than ten days after the last day
to file nominating petitions, send to each such candidate, by first
class mail, notice that a special certificate pursuant to paragraph c of
this subdivision has been filed and that the candidate to whom such
notice is sent may file with such board of elections, not later than
seven days after such notice was mailed, a certificate selecting a
different name and emblem.
f. If such a petition shall not show an emblem, or if the petition
shall fail to select a name for such independent body, or if pursuant to
the provisions of paragraph b or paragraph e of this subdivision, a
candidate shall fail to select another emblem or name for such
independent body, the officer or board in whose office the petition is
filed shall select an emblem or name or both to distinguish the
candidates nominated thereby. The name and emblem shown upon such
petition or selected by a candidate authorized to make such selection by
paragraph b or paragraph e of this subdivision, or selected by an
officer or board shall also conform to the requirements of this chapter
with respect to names or emblems permitted to be selected by a party.
g. Nothing contained in this subdivision shall preclude a court of
competent jurisdiction from rejecting an independent nominating petition
if the court determines that fraud was involved in the selection of a
name or emblem.
4. A signature made earlier than six weeks prior to the last day to
file independent petitions shall not be counted. A signature on an
independent petition for a special election made earlier than the date
of the proclamation calling the special election shall not be counted.
Independent nominations; form of petition. 1. a. Each sheet
of an independent nominating petition shall be signed in ink, shall
contain the following information and shall be in substantially the
following form:
I, the undersigned, do hereby state that I am a registered voter of
the political unit for which a nomination for public office is hereby
being made, that my present place of residence is truly stated opposite
my signature hereto, and that I do hereby nominate the following named
person (or persons) as a candidate (or as candidates) for election to
public office (or public offices) to be voted for at the election to be
held on the ............ day of ................, 20...., and that I
select the name ............................ (fill in name) as the name
of the independent body making the nomination (or nominations) and
................. (fill in emblem) as the emblem of such body.
________________________________________________________________________
**(JOINTLY DESIGNATED CANDIDACY FOR GOVERNOR AND LIEUTENANT GOVERNOR)**
Name of Governor Residence of Candidate
Candidate for Governor
for Governor
............ .........................
............ .........................
Name of
Candidate for
Lieutenant Lieutenant Governor Residence of Candidate
Governor for Lieutenant Governor
............ .........................
............ .........................
________________________________________________________________________
Public Place of residence
Office (also post office
Name of (include district address
Candidate number, if applicable) if not identical)
.......... ................. ..........................
.......... ................. ..........................
I do hereby appoint ............................. (here insert the names
and addresses of at least three persons, all of whom shall be registered
voters within such political unit), as a committee to fill vacancies in
accordance with the provisions of the election law.
In witness whereof, I have hereunto set my hand, the day and year
placed opposite my signature.
Date Name of Signer Residence
...... ................ .......................
...... ................ .......................
Town or city (except
in the city of New
York, the county)
.......................
.......................
b. There shall be appended at the bottom of each sheet a signed
statement of a witness who is a duly qualified voter of the state and
who has not previously signed a petition for another candidate for the
same office. Such a statement shall be accepted for all purposes as the
equivalent of an affidavit, and if it contains a material false
statement, shall subject the person signing it to the same penalties as
if he or she had been duly sworn. The form of such statement shall be
substantially as follows:
STATEMENT OF WITNESS
I, ...................... (name of witness) state: I am a duly
qualified voter of the State of New York and now reside at
......................................... (residence address).
Each of the individuals whose names are subscribed to this petition
sheet containing ........ (fill in number) signatures, subscribed the
same in my presence on the dates above indicated and identified himself
or herself to be the individual who signed this sheet.
I understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if it contains a material false
statement, shall subject me to the same penalties as if I had been duly
sworn.
Date: ................ .........................
Signature of Witness
Witness identification information:
The following information must be completed prior to filing with the
board of elections in order for this petition sheet to be valid.
Town or City County
............... .........
2. In lieu of the signed statement of a witness who is a duly
qualified voter of the state, the following statement signed by a notary
public or commissioner of deeds shall be accepted:
On the dates above indicated before me personally came each of the
voters whose signatures appear on this petition sheet containing
........... (fill in number) signatures, who signed same in my presence
and who, being by me duly sworn, each for himself or herself, said that
the foregoing statement made and subscribed by him or her, was true.
Date: ......................
................................
(Signature and official title
of officer administering oath)
3. The state board of elections shall prepare a sample form of an
independent nominating petition which meets the requirements of this
section and shall distribute or cause such forms to be distributed to
each board of elections. Such forms shall be made available to the
public upon request, by the state board of elections and each such
board. Any petition that is a copy of such a sample shall be deemed to
meet the requirements of form imposed by this section.
Independent nominations; number of signatures. 1. An
independent nominating petition for candidates to be voted for by all
the voters of the state must be signed by at least forty-five thousand
voters, or one percent of the total number of votes, excluding blank and
void ballots, cast for the office of governor at the last gubernatorial
election, whichever is less, of whom at least five hundred, or one
percent of enrolled voters, whichever is less, shall reside in each of
one-half of the congressional districts of the State.
2. An independent nominating petition for the nomination of candidates
for an office to be filled by the voters of any other political unit
must be signed by voters numbering five per centum of the total number
of votes cast for governor at the last gubernatorial election in such
unit, excluding blank and void votes, except that not more than three
thousand five hundred signatures shall be required upon any such
petition for any office to be filled in any political subdivision of the
state wholly outside the city of New York, and not more than the
following numbers of signatures shall be required upon any such petition
for the following public offices respectively:
(a) for any office to be filled in any county or portion thereof
outside the city of New York, one thousand five hundred;
(b) for any office to be filled by all the voters of the city of New
York, seven thousand five hundred;
(b-1) for any office to be filled by all the voters of any two
counties in such city, four thousand;
(c) for any office to be filled by all the voters of any county or
borough in such city, four thousand;
(d) for any office to be filled by all the voters of any municipal
court district, three thousand signatures;
(d-1) for any office to be filled in the city of New York by all the
voters of any city council district, two thousand seven hundred;
(e) for any office to be filled by all the voters of any congressional
district, three thousand five hundred;
(f) for any office to be filled by all the voters of any state
senatorial district, three thousand;
(g) for any office to be filled by all the voters of an assembly
district, one thousand five hundred;
(h) for the office of trustee of the Long Island Power Authority, five
hundred;
(i) for any office to be filled by the voters of any political
subdivision contained within another political subdivision except as
herein otherwise provided, not to exceed the number of signatures
required for the larger subdivision.
Nominating and designating petitions and certificates; place
for filing. Petitions, certificates and minutes specified in this
article shall be filed in the office of the Board of Elections of the
county, except as follows: for an office or position to be voted for
wholly within the city of New York, in the office of the Board of
Elections of that city; for an office or position to be voted for in a
district greater than one county, or portions of two or more counties,
in the office of the state board of elections; for a village office to
be filled in a village election not conducted by the board of elections,
in the office of the village clerk. All such petitions and certificates
shall at the time of filing thereof be endorsed by such officer or board
with the day, hour and minute of such filing. Such officer or board
shall keep a book, which shall be open to public inspection in which
shall be entered the times of filing all such petitions and
certificates; the names and residences of all candidates named therein;
the names and residences of all candidates certified to such officer or
board; the title of the office or party position; the name of the party
or independent body to which the petition or certificate relates and a
memorandum of any objections to such petition or certificate. Forthwith
upon the filing of a petition or certificate designating or nominating a
person or persons for public office, such officer or board shall mail
notice thereof to each such person. Such notice shall also state the
last day to decline such designation or nomination, and include a
statement that the candidate's name shall appear on the ballot as it
appears in such notice.
Nomination and designation; declination or acceptance. 1. A
person designated as a candidate for nomination or for party position,
or nominated for an office, otherwise than at a primary election, may,
in a certificate signed and acknowledged by him, and filed as provided
in this article, decline the designation or nomination; provided,
however, that, if designated or nominated for a public office other than
a judicial office by a party of which he is not a duly enrolled member,
or if designated or nominated for a public office other than a judicial
office by more than one party or independent body or by an independent
body alone, such person shall, in a certificate signed and acknowledged
by him, and filed as provided in this article, accept the designation or
nomination as a candidate of each such party or independent body other
than that of the party of which he is an enrolled member, otherwise such
designation or nomination shall be null and void.
2. If any designation or nomination is declined, the officer or board
to whom or which notification thereof is given shall forthwith inform by
mail or otherwise the committee authorized to fill the vacancy, that the
designation or nomination has been declined, and if such declination is
filed with the state board of elections after such board has given
official notice, pursuant to the provisions of this chapter, to the
several boards of elections that the name of the candidate filing such
declination is to appear on a ballot, such board also shall give
immediate notice by mail or otherwise that such designation or
nomination has been declined, to the several boards of elections which
prepare the official ballots for election districts affected by such
declination.
3. When a person who was not designated for nomination at a primary
election receives a nomination for public office at such primary
election, the officer or board with whom or which a designating petition
for such an office is required to be filed shall forthwith notify, by
mail, such person of his nomination, and that he must decline or accept
such nomination in writing as hereinafter provided.
4. A person nominated without designation for public office at a
primary election may decline such nomination. A person so nominated for
public office by a party of which he is not a duly enrolled member, must
decline or accept such nomination, otherwise such nomination shall be
null and void. Such declinations or acceptances must be filed not later
than five days after the mailing of notification of such nomination by
such officer or board. If the nomination is declined the vacancy may be
filled not later than three days after such declination shall have been
filed in the office of the officer or board.
5. A person who has been nominated for public office by a party or
parties and who is thereafter nominated for another office by one or
more of such parties, or who is thereafter nominated by the party to
fill a vacancy caused by such nomination or nominations to fill a
vacancy by the party, may decline such first nomination or nominations
not later than the third day after the filing of the certificate of his
nomination or nominations for such other office, but such a declination
shall not be effective if such other nomination or nominations by the
party is duly declined.
6. A person designated as a candidate for two or more party
nominations for an office to be filled at the time of a general election
who is not nominated at a primary election by one or more such parties
may decline the nomination of one or more parties not later than ten
days after the primary election.
7. A person designated as a candidate for nomination or for party
position, or nominated for an office, may, in a certificate signed and
acknowledged by such person and filed no later than the last day to
certify the ballot pursuant to section 4-110 or section 4-112 of this
chapter, decline the designation or nomination under the following
circumstances:
(a) where the person so nominated or designated has been arrested or
charged with one or more misdemeanors or felonies by the filing of an
accusatory instrument in a state court at any time after such person's
designation or nomination; or
(b) where the person so nominated or designated has been arrested or
charged with one or more misdemeanors or felonies by the filing of a
criminal complaint, information or indictment in federal court at any
time after such person's designation or nomination; or
(c) where the person so nominated or designated has been convicted of
one or more misdemeanors or felonies under state or federal law at any
time after such person's designation or nomination.
8. In the case of a joint designation or joint nomination for the
offices of governor and lieutenant governor made pursuant to this
article, a declination filed by either candidate shall only constitute a
declination by the declining candidate and shall create a vacancy in
such joint designation or joint nomination. A vacancy in the joint
designation or joint nomination for the offices of governor and
lieutenant governor shall be filled in accordance with the provisions
for filling vacancies in section 6-148 of this article.
Multiple designations of a candidate for a party position. 1.
The name of a person designated on more than one petition as a candidate
for a party position to be filled by two or more persons shall be
printed on the ballot with the group of candidates designated by the
petition first filed unless such person, in a certificate duly
acknowledged by him or her and filed with the board of elections not
later than the tenth Tuesday preceding the primary election or five days
after the board of elections mails such person notice of his or her
designation in more than one group, whichever is later, specifies
another group in which his or her name shall be printed.
2. A person designated as a candidate for the position of member of
the county committee in more than one election district shall be deemed
to have been designated in the lowest numbered election district unless
such person, in a certificate duly acknowledged by him or her, and filed
with the board of elections not later than the tenth Tuesday preceding
the primary election or five days after the board of elections mails
such person notice of his or her designation in more than one election
district whichever is later, specifies that he or she wishes to be
deemed designated in a different election district.
3. The board of elections shall forthwith notify each person
designated more than once for the same party position in one or more
districts of the fact of such designations and of his right to file a
certificate pursuant to the provisions of this section, specifying the
group or district in which he wishes to be deemed a candidate.
Nomination and designation; filling vacancies. 1. A vacancy
in a designation or nomination caused by declination, where a
declination is permitted by this article, or by the death or
disqualification of the candidate, or by a tie vote at a primary, may be
filled by the making and filing of a certificate, setting forth the fact
and cause of the vacancy, the title of the office, the name of the
original candidate, if any, and the name and address of the candidate
newly designated or nominated.
2. A vacancy in a designation or independent nomination, or in a party
nomination made otherwise than at a primary, may be filled by a majority
of the committee to fill vacancies shown upon the face of the petition
or certificate of the designation or nomination in which the vacancy
occurs.
3. A vacancy in a nomination made at a primary, or by a tie vote
thereat, may be filled by a majority of the members, of the party
committee or committees last elected in the political subdivision in
which the vacancy occurs, present at a meeting at which there is a
quorum, or by a majority of such other committee as the rules of the
party may provide; provided, however, that a vacancy in a joint
nomination for the offices of governor and lieutenant governor made at a
primary election, or a vacancy in a joint designation or joint
nomination for such offices caused by declination, death, or
disqualification and not filled by the committee to fill vacancies,
shall be filled by the appropriate committee or committees pursuant to
this subdivision and party rules. A single certificate shall be filed
pursuant to the requirements of subdivisions four and five of this
section to fill such vacancy.
4. If the vacancy be filled by a committee named in a petition or
certificate of nomination, the new certificate shall be signed by a
majority of such committee; if filled by any other committee, it shall
be signed by the presiding officer and secretary of the committee.
Appended to the certificate shall be the affidavit of the persons
signing the certificate that they were a majority of such committee, or
such officers, as the case may be, and that the statements in such
certificate are true.
5. The certificate designating a person to fill a vacancy in a
designation or nomination shall have appended thereto his written
consent to be so designated or nominated, duly acknowledged.
6. When a certificate of a new designation or nomination shall be
filed with the state board of elections after such board has given
official notice, pursuant to the provisions of this chapter, to the
several boards of elections, of the names to appear on the ballot at the
election to which such new designation or nomination applies, such board
shall forthwith certify to the proper board of elections the name of the
person designated or nominated by such certificate and such other facts
as are required to be stated therein.
7. A vacancy occurring in a joint designation or joint nomination for
the offices of governor and lieutenant governor before a primary
election, whether caused by declination pursuant to section 6-146 of
this article, or by the death or disqualification of either candidate
designated or nominated, may be filled by the committee to fill
vacancies shown upon the face of the petition or certificate of such
joint designation or joint nomination. Such vacancy in the joint
designation or joint nomination shall be filled by the making and filing
of a single certificate, setting forth the fact and cause of the
vacancy, the title of the vacant office in the joint designation or
joint nomination, the names of the original candidates, and the name and
address of the candidate or candidates newly designated or nominated
jointly for the offices of governor and lieutenant governor. Such
certificate shall comply with the requirements of subdivisions four and
five of this section.
Nomination; vacancy caused by death or disqualification,
unfilled at time of general or special election. If a vacancy shall
occur in a nomination, caused by disqualification or death of the
candidate subsequent to noon of the Tuesday before a general or special
election and prior to the closing of the polls on such election day,
such vacancy shall not be filled, and the votes cast for such deceased
candidate shall be canvassed and counted, and if he shall receive a
plurality of the votes cast, a vacancy shall exist in the office for
which such nomination was made to be filled in the manner provided by
law for vacancies in office occurring by reason of death after election.
Vacancies caused by death or disqualification and unfilled at
time of primary election. If a vacancy shall occur in a designation of a
candidate for nomination or election at a primary election, caused by
the death or disqualification of a candidate subsequent to noon of the
seventh day before the primary election and prior to the closing of the
polls, such vacancy shall not be filled and the votes cast for such
deceased or disqualified candidate shall be canvassed and counted, and,
if he shall receive a plurality of the votes cast, another candidate may
thereafter be nominated or the vacancy filled as provided by law or the
rules of the party.
Certificate of candidacy by write-in candidates for president
and vice president. 1. Any person who wishes to be a write-in candidate
for president of the United States shall, not later than the third
Tuesday before the general election, file a certificate of candidacy
with the state board of elections.
2. Such certificate shall be signed by such candidate and shall
contain the following:
(a) The name and address of the candidate for president.
(b) The name and address of a candidate for vice president of the
United States, if any, and a certificate of acceptance signed by such
candidate.
(c) The names and addresses of the candidates for electors pledged to
such candidate for president, together with a certificate of acceptance
and pledge of support signed by each such candidate for elector.
Nominations and designations; objections to. 1. Any petition
or certificate filed with the officer or board charged with the duty of
receiving it shall be presumptively valid if it is in proper form and
appears to bear the requisite number of signatures, authenticated in a
manner prescribed by this chapter.
2. Written objections to any certificate of designation or nomination
or to a nominating or designating petition or a petition for opportunity
to ballot for public office or to a certificate of acceptance, a
certificate of authorization, a certificate of declination or a
certificate of substitution relating thereto may be filed by any voter
registered to vote for such public office and to a designating petition
or a petition for opportunity to ballot for party position or a
certificate of substitution, a certificate of acceptance or a
certificate of declination relating thereto by any voter enrolled to
vote for such party position. Such objections shall be filed with the
officer or board with whom the original petition or certificate is filed
within three days after the filing of the petition or certificate to
which objection is made, or within three days after the last day to file
such a certificate, if no such certificate is filed except that if any
person nominated by an independent nominating petition, is nominated as
a party candidate for the same office by a party certificate filed, or a
party nomination made after the filing of such petition, the written
objection to such petition may be filed within three days after the
filing of such party certificate or the making of such party nomination.
When such an objection is filed, specifications of the grounds of the
objections shall be filed within six days thereafter with the same
officer or board and if specifications are not timely filed, the
objection shall be null and void.
* 3. Written objections to any certificate of nomination or to a
certificate of acceptance, a certificate of authorization, a certificate
of declination or a certificate of substitution relating to a special
election held pursuant to paragraph b of subdivision three of section
forty-two of the public officers law may be filed by any voter
registered to vote for such public office. Such objections shall be
filed with the officer or board with whom the original certificate is
filed within one day after the filing of the certificate to which
objection is made, or within one day after the last day to file such a
certificate, if no such certificate is filed. When such objections are
filed, specifications of the grounds of the objections shall be filed
within three days thereafter with the same officer or board and if
specifications are not timely filed, the objections shall be null and
void.
* NB There are 2 sb 3's
* 3. (a) Any person filing general objections to any designating
petition, independent nominating petition or certificate of nomination
or ballot access document who thereafter files specifications of his or
her objections to any such document shall do so in accordance with the
provisions of this subdivision. All such specifications shall
substantially comply with the following requirements:
(i) for specifications relating to any petition, the volume number,
page number, and line number of any signature objected to on any
petition shall be set forth in detail. In addition, any portion of any
petition or any signature line or witness statement objected to shall be
specifically identified and reasons given for any such objection;
(ii) the total number of signatures objected to shall be set forth and
all objections relating to a single signature line should be grouped
together; and
(iii) symbols and/or abbreviations may be used to set forth
objections, provided that a sheet explaining the meaning of any such
symbols and/or abbreviations is attached to the specifications.
(b) No specifications of objections to any petition, certificate of
nomination or ballot access document will be considered unless the
objector filing the specifications personally delivers or mails by
overnight mail a duplicate copy of the specification to each candidate
for public office named on the petition. Objections and specifications
to a petition for an opportunity to ballot must be served on the persons
named as the committee to receive notices. In the case of a petition
containing candidates for party positions, service of the specifications
shall be made on either the named candidates or the first person named
on the petition's committee to fill vacancies. Service shall be made on
or before the date of filing of any specifications with the officer or
board. Proof of service shall accompany the specifications or be
received by the end of two business days following the filing of the
specifications, whichever is later.
* NB There are 2 sb 3's
4. (a) Such officer or board shall give notice by overnight mail to
the objector and the candidate named in such petition or certificate of
the date or dates on which such officer or board shall consider the
specifications filed, and board findings, the result of and research of
the specifications, and shall make a determination as to the sufficiency
of such petition or certificate. Copies of the board's research of
specifications shall accompany such notice. Such notice may be given by
electronic correspondence in lieu of overnight mail with the consent of
the objector or the candidate in accordance with subdivision seven of
this section. Such officer or board shall provide the objector and
candidate or their agent or agents an opportunity to be heard as to the
validity of each specific objection. Such opportunity may be by written
submission or oral presentation in the discretion of such officer or
board. Such officer or board shall not deny the objector or the
candidate or their agent or agents an opportunity to be present when the
determination as to validity is made.
(b) For objections and specifications made to ballot access documents
filed with the state board of elections, the provisions of paragraph (a)
of this subdivision shall apply. However, the opportunity to be heard as
to the validity or invalidity of such specifications shall be provided
in a hearing which precedes any meeting of the state board's
commissioners at which determinations will be rendered.
5. When any determination is made that a certificate or petition is
sufficient or insufficient, such officer or board shall give notice of
the determination forthwith by mail to each candidate named in the
petition or certificate, and, if the determination is made upon
specified objections, the objector shall be notified. Such notice may be
given by electronic correspondence in lieu of mail with the consent of
the candidate or the objector in accordance with subdivision seven of
this section. Such candidate or objector may designate an attorney or
agent to receive any such notice and/or determination on his or her
behalf. Any such designation shall be in writing and include the name,
address, email and telephone number of any such attorney or agent, and
any such attorney and/or agent shall be eligible to represent any such
candidate or objector in any proceeding relating to the specifications.
6. Nothing in this section shall be construed to require an objection
or hearing if the board of elections by majority vote determines that a
filing does not meet the criteria of subdivision one of this section to
be presumptively valid.
7. For the purposes of this section, a candidate or objector shall be
deemed to have consented to electronic correspondence if, having been
advised conspicuously that enrollment or registration is voluntary and
that they may continue to receive notices by mail as provided in this
section, they instead affirmatively choose to receive such notices by
electronic correspondence only.
Party nominations; certification. Certificates of
nominations, made otherwise than at a primary, shall contain the name of
the political party making the nomination, the title of the office for
which such person is nominated, the name and residence of the nominee,
the committee, if any, appointed to fill vacancies in the nominations,
and shall be signed by the presiding officer and a secretary of the body
making the nomination. When a nomination is made by a committee other
than one composed of members of a state committee or a county committee,
a certified copy of the rule or resolution constituting such committee,
shall, if a copy thereof shall not have been filed previously, be
attached to the certificate.
Nominating and designating petitions and certificates,
conventions; times for filing and holding. 1. A designating petition
shall be filed not earlier than the thirteenth Monday before, and not
later than the twelfth Thursday preceding the primary election.
* 1-a. Notwithstanding the time fixed in subdivision one of this
section, for the year two thousand twenty-six, such designating petition
required to be filed by such subdivision shall be filed not earlier than
the thirteenth Monday before, and not later than the twelfth Monday
preceding the primary election.
* NB Repealed December 31, 2026
2. A certificate of acceptance or declination of a designation shall
be filed not later than the fourth day after the last day to file such
designation.
3. A certificate to fill a vacancy in a designation caused by
declination shall be filed not later than the fourth day after the last
day to decline. A certificate to fill a vacancy in a designation caused
by death or disqualification shall be filed not later than ten days
after such death or disqualification or four days before the primary
election, whichever is earlier.
4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party position at a primary election shall be filed not later than the
eleventh Thursday preceding the primary election. However, where a
designating petition has been filed and the person named therein has
declined such designation and another person has been designated to fill
the vacancy, then in that event, a petition for an opportunity to ballot
in a primary election shall be filed not later than the tenth Thursday
preceding such primary election.
5. A judicial district convention shall be held not earlier than the
Thursday following the first Monday in August preceding the general
election and not later than six days thereafter.
6. (a) A certificate of a party nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than thirty days after the primary
election, (b) except that a certificate of nomination for an office
which becomes vacant after the seventh day preceding such primary
election shall be filed not later than thirty days after the primary
election or ten days after the creation of such vacancy, whichever is
later, and (c) except, further, that a certificate of party nomination
of candidates for elector of president and vice-president of the United
States shall be filed not later than seventy-four days after the primary
election, and (d) except still further that a certificate of party
nomination made at a judicial district convention shall be filed not
later than the day after the last day to hold such convention and the
minutes of such convention, duly certified by the chairman and
secretary, shall be filed within seventy-two hours after adjournment of
the convention. A certificate of party nomination for an office to be
filled at a special election shall be filed not later than ten days
following the issuance of a proclamation of such election, provided,
however, such certificate shall be filed not later than seven days
following the issuance of a proclamation for a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law.
7. A certificate of acceptance or declination of a party nomination
made other than at a primary election for an office to be filled at the
time of a general election shall be filed not later than the third day
after the last day to file the certificate of such party nomination. A
certificate of acceptance or declination of a party nomination for an
office to be filled at a special election shall be filed not later than
twelve days following the issuance of a proclamation of such election,
provided however, such certificate shall be filed not later than nine
days following the issuance of a proclamation of a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law.
8. A certificate to fill a vacancy caused by a declination of a party
nomination for an office to be filled at the time of a general election
shall be filed not later than four days after the last day to file such
declination, except that if such nomination was made at the primary
election, such certificate shall be filed not later than ten days after
the last day to file such declination. A certificate to fill a vacancy
caused by a declination of a party nomination for an office to be filled
at a special election shall be filed not later than fourteen days
following the issuance of a proclamation of such election, provided
however, such certificate shall be filed not later than eleven days
following the issuance of a proclamation of a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law. A certificate to fill a vacancy in a nomination
caused by death or disqualification shall be filed not later than ten
days after such death or disqualification or four days before the
election, whichever is earlier.
9. A petition for an independent nomination for an office to be filled
at the time of a general election shall be filed not earlier than
twenty-four weeks and not later than twenty-three weeks preceding such
election. A petition for an independent nomination for an office to be
filled at a special election shall be filed not later than twelve days
following the issuance of a proclamation of such election, provided
however, such certificate shall be filed not later than nine days
following the issuance of a proclamation of a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law.
10. Notwithstanding any other provisions of law, where a vacancy
occurs less than fourteen days before the last day for the filing of an
independent petition for an office to be filled at the time of a general
election, or after the last day to file an independent petition, such
petition may be filed for the said office within fourteen days after the
vacancy occurs. A certificate of acceptance or declination in such an
event shall be filed within two days thereafter and a certificate to
fill a vacancy caused by declination shall be filed within two days
after such declination has been filed.
11. A certificate of acceptance or declination of an independent
nomination for an office to be filled at the time of a general election
shall be filed not later than the third day after the twenty-third
Tuesday preceding such election except that a candidate who files such a
certificate of acceptance for an office for which there have been filed
certificates or petitions designating more than one candidate for the
nomination of any party, may thereafter file a certificate of
declination not later than the third day after the primary election. A
certificate of acceptance or declination of an independent nomination
for an office to be filled at a special election shall be filed not
later than fourteen days following the issuance of a proclamation of
such election, provided however, such certificate shall be filed not
later than eleven days following the issuance of a proclamation of a
special election held pursuant to paragraph b of subdivision three of
section forty-two of the public officers law.
12. A certificate to fill a vacancy caused by a declination of an
independent nomination for an office to be filled at the time of a
general election shall be filed not later than the sixth day after the
twenty-third Tuesday preceding such election. A certificate to fill a
vacancy caused by a declination of an independent nomination for an
office to be filled at a special election shall be filed not later than
sixteen days following the issuance of a proclamation of such election,
provided however, such certificate shall be filed not later than
thirteen days following the issuance of a proclamation of a special
election held pursuant to paragraph b of subdivision three of section
forty-two of the public officers law.
13. If a vacancy occurs too late to comply with the provisions of this
section, the certificates of nomination, certificates of acceptance or
declination, certificates to fill a vacancy in such nomination and
certificates of authorization of a nomination shall be filed as soon as
practicable.
14. A vacancy occurring three months before the general election in
any year in any office authorized to be filled at a general election,
except in the offices of governor, lieutenant-governor, or United States
senator shall be filled at the general election held next thereafter,
unless otherwise provided by the constitution, or unless previously
filled at a special election.
Primaries. 1. If more candidates are designated for the
nomination of a party for an office to be filled by the voters of the
entire state than there are vacancies, the nomination or nominations of
the party shall be made at the primary election at which other
candidates for public office are nominated and the candidate or
candidates receiving the most votes shall be the nominees of the party.
2. All persons designated for uncontested offices or positions at a
primary election shall be deemed nominated or elected thereto, as the
case may be, without balloting.
Primary; New York City, run-off. 1. In the city of New York,
when no candidate for the office of mayor, public advocate or
comptroller receives forty percent or more of the votes cast by the
members of a political party for such office in a city-wide primary
election, the board of elections of such city shall conduct a run-off
primary election between the two candidates receiving the greatest
number of votes for the same office.
2. In any jurisdiction that authorizes a run-off election after a
primary election, if one of the two candidates receiving the greatest
number of votes for the same office files with the local board of
elections a certificate of withdrawal within three days following such
primary election, the board shall accept and certify the withdrawal and
declare the remaining candidate the winner and no such run-off primary
election shall be held. Such certificate of withdrawal shall be in
affidavit or affirmation form as determined by the state board of
elections.
Primary, uncontested; opportunity to ballot. Enrolled members
of a party entitled to vote in the nomination of a candidate for public
office or the election of a candidate for party position in a primary
election of such party, and equal in number to at least the number of
signers required to designate a candidate for such office or position
may file with the officer or board with whom or which are filed
designating petitions for such office or position a petition requesting
an opportunity to write in the name of a candidate or candidates
enrolled in such party, who need not be specified, for such office or
position. Upon the receipt of such a petition, such office or position
shall be deemed contested and the primary ballots of the party shall
afford an opportunity to vote thereon. Requests for an opportunity to
write in the names of candidates for two or more offices or positions
may be included in the same petition. Such petitions shall be subject to
objections and court determination thereof in the same manner as
designating petitions so far as the provisions therefor are applicable.
All required notices shall be served on the members of the committee
named in the petition, and such committee shall have capacity to bring a
proceeding under this chapter as if such committee was a candidate named
on a petition. A signature to a petition for an opportunity to ballot in
primary elections made earlier than sixteen days before the last day to
file designating petitions for the primary election shall not be
counted.
Primary; opportunity to ballot, form of petition. 1. The form
of a petition requesting an opportunity to write in the name of an
undesignated candidate or undesignated candidates at a primary election
shall conform to the requirements for a designating petition, except as
otherwise provided herein.
2. Each sheet of such petition shall be signed in ink and shall be
substantially in the following form:
I, the undersigned, do hereby state that I am a duly enrolled voter of
the .......... party and entitled to vote at the next primary election
of such party, that my place of residence is truly stated opposite my
signature hereto, and I do hereby request an opportunity to write in the
name of an undesignated candidate or candidates enrolled in such party
for nomination to the public office or offices or for election to the
party position or positions, in the political unit or units of
representation hereinafter set forth, of such party to be voted on the
......day of............. 20...., as hereinafter specified.
Public Office or party Political unit or unit of
position ............. representation.................
The appointment of a committee to receive notices, the signatures on the
petition with all required information and the signed statement of a
witness or authentication by a notary public or commissioner of deeds,
shall be in the form prescribed for a designating petition.
3. Individuals appointed to serve on the committee to receive notices,
shall, in a certificate signed and acknowledged by him or her, and filed
as provided in this article, accept the appointment of the committee,
otherwise such appointment shall be null and void. All certificates of
acceptance shall be filed not later than the fourth day after the last
day to file petitions for the opportunity to ballot.
Designating petitions; candidates for the office of judge of
the civil court of the city of New York. 1. The board of elections of
the city of New York, not later than fourteen days before the first day
to circulate designating petitions for a primary election, or the day
after a vacancy occurs, whichever is later, shall promulgate and have
available for public inspection at its main office, a list of all
vacancies in the office of judge of the civil court of the city of New
York for which nominations will be made at such primary election. Such
list shall include the borough and district, if any, in which each such
vacancy exists, the name of the judge who was last elected to such seat
and a number assigned to each such vacancy by the board of elections.
2. A designating petition for any candidate for any such office shall
include in the title of the office for which a designation is being
made, the number assigned by the board of elections to the vacancy for
which such candidate is designated.
3. If, at any primary election in which more than one nomination is to
be made for the office of judge of the civil court of the city of New
York in any borough of such city or in any civil court district within
any such borough, only one candidate is designated for any such vacancy,
such candidate shall be deemed nominated and his name shall not appear
upon the primary ballot unless a petition for opportunity to ballot for
such vacancy is filed pursuant to the provisions of this chapter.
4. If more than one person is designated for one or more such
vacancies, all such persons shall be listed on the primary ballot as
candidates for such office without reference to the seat for which they
were designated and those persons, equal to the number of such
vacancies, who receive the highest number of votes shall be nominated as
candidates for such office.
TITLE 2 Village Elections
ARTICLE 7 Election Ballot
TITLE 1 Form of Ballots
Ballots; provision for. Ballots shall be provided for every
election at which public or party officers are to be nominated or
elected.
Ballot; placing names and ballot proposals thereon. 1. The
names of all candidates and the form of submission of all duly certified
ballot proposals shall be printed upon the official ballot except that
at a primary election, no ballot proposals or names of candidates for
uncontested offices or party positions shall be printed upon the
official ballot.
2. In the event that two or more persons with identical names are
designated as candidates for the same office or position at any primary
election, a different number shall be included with the name of every
candidate for such office or position on such ballot. Such number shall
be in arabic numerals and shall be placed at the beginning of each such
candidate's name. The board of elections with which the certificates or
petitions of designation for such candidates are filed shall determine
such numbers by lot not later than ten days after the last day to file
such certificates or petitions upon at least five days written notice by
first class mail to each such candidate. Such notice shall also contain
information concerning the provisions of subdivision four of this
section and the deadlines for filing the information provided for in
such subdivision four.
3. 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.
b. The board of elections shall meet to hear arguments on, and make a
determination with respect to such a request, not later than seven days
after the last day to make such request, upon five days written notice
by first class mail to every candidate for such office or position. Such
notice shall also contain information concerning the provisions of
subdivision four of this section and the deadlines for filing the
information provided for in such subdivision four.
c. If such board makes a determination that such a similarity exists,
it shall forthwith assign a different number, which it shall determine
by lot, to be included with the name of every candidate for such office
or position on such ballot. Such number shall be in arabic numerals and
shall be placed at the beginning of each such candidate's name.
4. a. If such board assigns numbers to candidates' names pursuant to
the provisions of subdivision two or three of this section it shall also
prepare for distribution at such election, a leaflet which contains
biographical information on each such candidate, on one side of a single
sheet of paper in the order of the numbers it has assigned to such
candidates. If such leaflet is published in a second language in
addition to English, the two language versions shall appear on opposite
sides of the same sheet of paper. Such biographical information may not
exceed one hundred words and may only include such candidate's name,
address, present and past public offices held, present and past
occupations and employers, other public service experience, educational
background and organizational affiliations.
b. Each candidate for an office or position for which such numbers are
assigned may file with such board, not later than fourteen days after
such determination, any or all of the information permitted by paragraph
a of this subdivision in the form in which such candidate wishes such
information to appear in such leaflet. If such board determines that
such filing does not comply with the requirements of this subdivision,
it shall notify such candidate forthwith by first class mail. Such
candidate may file revised information with such board not later than
ten days after such notice was mailed. If a candidate does not make a
filing within the times prescribed by this paragraph, the words "no
information supplied" shall appear next to his name on such leaflet.
Ballots; form of. 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, 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.
2. 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 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 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
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
votes for such office arranged horizontally opposite the title of the
office.
(d) Each office shall occupy as many columns or rows on the 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
independent body for an office shall always appear in the row or column
containing generally the names of candidates nominated by such party or
independent 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
independent 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
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
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 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
providing ballots, or if the candidate shall fail to so designate, in
the place designated by the officer or board charged with the duty of
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 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 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-adopted 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 name of the party or
independent body and the designating letter of the row or column.
8. With respect to candidates for the offices of governor and
lieutenant 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 appearing first and the ballot shall be so adjusted that both
offices are voted for jointly and have but one designating 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
additional 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
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
largest size type practicable, the following legend: "See instructions
on the other side" or "See instructions (insert where instructions are
found)", whichever is appropriate.
11. (a) The offices appearing on all ballots shall be listed in the
order of precedence, as applicable to the offices up for election in any
given year, as follows: electors for president and vice-president of the
United States, governor and lieutenant governor, New York state
comptroller, New York state attorney general, United States senator,
member of the house of representatives, New York state senator, member
of the New York state assembly. Any office which is not listed in this
paragraph shall not appear on the ballot in a position before or ahead
of an office which is listed.
(b) Immediately following the offices in paragraph (a) of this
subdivision, all other offices shall be placed upon the ballot in the
customary order; provided, further, that partisan offices regardless of
the size of the constituency shall be listed before or ahead of
nonpartisan offices and all candidates for judicial offices shall follow
all other partisan offices.
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
illustrations 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 additional 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
indicating 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
variations 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
however, 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
differentiate 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
candidate'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,
illustration, shading, color, font size, or bold type.
Ballot accountability. 1. Notwithstanding the provisions of
this chapter requiring ballots to include a numbered stub separated from
the ballot by a line of perforations, such numbered stubs shall not be
required if the board of elections implements a ballot accountability
process as prescribed by the New York State Board of Elections which (i)
accounts for the number of each ballot style received by the election
inspectors, (ii) retains a running count of ballots distributed and
spoiled which would permit an interim reconciliation at any time during
voting; and (iii) provides for ballot reconciliation at the close of
polls to verify that the number of ballots distributed to voters or
spoiled when added to unvoted ballots equals the number of ballots
received by the inspectors for the election.
2. Notwithstanding the provisions of this chapter requiring that a
ballot consisting of two or more sheets be provided to the voter as a
single ballot divided by a line of perforations, such perforated ballots
shall not be required and such ballot may be provided to the voter as
separate, unconnected sheets provided: (i) the ballots clearly inform a
voter that the voter must receive the number of ballot sheets the voter
is entitled to, specifying such number, and (ii) each such ballot sheet
shall be prominently labeled as "ballot sheet (here insert the number of
the ballot sheet) of (here insert the total number of sheets comprising
the ballot)."
3. The state board of elections shall promulgate regulations for
ballot accountability consistent with this section which shall include
specific ballot accountability requirements applicable to any ballot on
demand printing process.
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
specified in the voting system's technical requirements documentation
and shall be clearly distinguishable from sample ballots by size, color
or other means.
3. All paper ballots of the same kind for the same polling place shall
be identical.
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.
5. On such ballot shall be printed the following indorsement, the
blanks properly filled in:
Official Ballot for (General, Primary or Special, as
applicable)
Election
County of ........................
(Assembly or Legislative, as applicable) District
......................
(Ward and City or town .................., as
applicable)............
Election District ...........................
(Insert date of election.)
(Insert names of election commissioners providing the ballot.)
Ballots; form for ballot proposals; additional requirements.
Ballot proposals shall appear on the 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 positions. Next to the first voting
position shall be printed the word "Yes," and next to the second voting
position shall be printed the word "No." The proposals shall be numbered
consecutively on the 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
proposition; proposal three, a question". If the ballot proposal section
appears on the ballot face opposite the candidates, a ballot instruction
in a format provided by the state board of elections, which may include
a graphic arrow, shall indicate the ballot is two-sided.
Ballots; form for primary election; additional requirements.
1. (a) On the face of the official ballot for a primary election
contests and candidates for nomination for public office 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) 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.
(c) The ballot shall not contain a space for voting for candidates for
uncontested offices and positions, and no ballot shall be printed for a
party for which there is no contested office or position unless a
petition for opportunity to ballot has been filed.
(d) For the offices of governor and lieutenant governor, ballots shall
be printed with the names of the candidates for both offices who were
designated jointly. The names shall appear in the same row or column,
with the name of the candidate for governor appearing first. The ballot
shall have one designating letter or number to reflect the offices are
voted for jointly.
2. (a) on the official primary election ballot, the ballot endorsement
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
position, the names of candidates designated by each petition shall be
grouped together, and may be referred to collectively on the ballot as a
group.
Ballots; order of names on. 1. In printing the names of
candidates on the ballot, the candidate or candidates of the party which
polled for its candidate for the office of governor at the last
preceding election for such office the highest number of votes, shall be
row or column A or one and the candidates of the other parties shall be
placed on such ballot in descending order of such votes.
2. The officer or board who or which prepares the ballot shall
determine the order in which shall appear, below the names of party
candidates the nominations made only by independent bodies. Such officer
or board also shall determine the order in which shall be printed 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 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
official 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
delegates 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 individual petitions and not in a group shall be printed
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 subdivision. The names within a group of candidates designated for
party position 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.
3-a. The state board of elections shall prescribe the method, or two
or more alternative methods, for making the determinations by lot
required by subdivisions two and three of this section. Each county
board of elections shall adopt one of such methods at least ninety days
before any election to which such method shall apply.
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.
5. The titles of public offices shall appear on ballots for primary
elections in the same consecutive order that they will appear on the
general election ballot. The titles of the party positions shall appear
in the following order: member of state committee, assembly district
leader, associate assembly district leader, members of county committee
in the city of New York, delegate or delegates to conventions, alternate
delegate or delegates to conventions, and members of county committee in
counties outside of the city of New York. Where, pursuant to the rules
of the county committee, the party position involved is that of assembly
district leader or associate assembly district leader for a part of an
assembly district, such part shall be so indicated in the title on the
ballot.
6. (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 requirements
feasible, the name may be added at the end 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.
(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
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 ballot, and no blank spaces shall
separate any two such offices or positions which appear on such ballot
in the same column or row.
7. Whenever a county board of elections or the board of elections in
the city of New York must conduct a primary election in the respective
county or the city of New York in which separate contests for candidates
of different genders for the same party position are to be printed upon
the ballots, and when rules require these positions be listed separately
on the ballot, the respective county board of elections or the board of
elections in the city of New York shall determine by lot the order of
the various gendered contests. This lottery will be conducted separately
for each election that is separated by gender.
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 distinguishable 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
thereof, a copy of such sample ballot may be published at least once
within one week preceding the election in newspapers or on a website
maintained by the board of elections. Each county board of elections
shall transmit electronically in a format to be determined by the state
board of elections, as it is available, a copy of the candidate and
contest information contained on each of its ballot styles to the state
board of elections. The state board shall create a system to allow such
information to be made publicly available via its website, as well as
the website of any county board of elections, and in such a way as to be
accessible with a computer screen-reading program.
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.
Ballots; early mail voters. 1. (a) Ballots for early mail
voters shall be, as nearly as practicable, in the same form as those to
be voted in the district on election day, except that such ballots need
not have a stub, and shall have the words "Early Mail Ballot", endorsed
thereon.
(b) All provisions of this chapter not inconsistent with this
subdivision shall be applicable to early mail ballots prepared for
counting by a ballot scanner or by hand. The instructions for marking an
early mail ballot shall be provided and shall be substantially as
follows, so that they accurately reflect the ballot layout:
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. You have a right to a replacement
ballot. If you make a mistake or want to change your vote, call the
board of elections at (insert phone number here) for instructions on how
to obtain a new ballot. The number of choices is listed for each
contest. Do not mark the ballot for more candidates than allowed. If you
do, your vote in that contest will not count.
(c) When a question or proposal is included on the ballot,
instructions substantially similar to those provided in subdivision
fifteen of section 7-104 of this article shall be included.
2. The determination of the appropriate county board of elections as
to the candidates duly designated or nominated for public office or
party position whose name shall appear on the early mail ballot and as
to ballot proposals to be voted on shall be made no later than the day
after the state board of elections issues its certification of those
candidates to be voted for at the general, special or primary election.
The determinations of the state board of elections and the respective
county boards of elections shall be final and conclusive with respect to
such offices for which petitions or certificates are required to be
filed with such boards, as the case may be but nothing contained in this
section shall prevent a board of elections, or a court of competent
jurisdiction from determining at a later date that any such
certification, designation or nomination is invalid and, in the event of
such later determination, no vote cast for any such nominee by any voter
shall be counted at the election.
3. There shall be three envelopes for each early mail ballot issued by
mail: the inner affirmation envelope into which a voter places their
voted ballot, the outer envelope which shall be addressed to the early
mail voter, and the mailing envelope which is addressed to the county
board of elections. The board of elections shall furnish with each early
mail ballot an inner affirmation envelope. On one side of the envelope
shall be printed:
OFFICIAL EARLY MAIL 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) ....................
4. The date of the election, name of the county, and name of a city,
if there be a separate ballot for city voters, shall be printed, and the
name of the voter, residence, number of the assembly district, if any,
name of town, number of ward, if any, election district and party
enrollment, if required, shall be either printed or written or stamped
in by the board.
5. There shall also be a place for two board of elections staff
members or inspectors of opposite political parties to indicate, by
placing their initials thereon, that they have checked and marked the
voter's poll record and a box labeled "BOE use only" for notations
required when the board of elections reviews affirmation ballot
envelopes pursuant to section 9-209 of this chapter.
6. On the reverse side of such inner affirmation envelope shall be
printed the following statement:
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 have not
qualified nor do I intend to vote elsewhere, that I have not committed
any act nor am I under any impediment which denies me the right to vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of early mail voter, I shall
be guilty of a misdemeanor.
Date ............... 20 ................
..........................
Signature or mark of voter
..........................
Signature of Witness
(required only if voter
does not sign their own
name)
..........................
Address of Witness
7. The inner affirmation envelope shall be gummed, ready for sealing,
and shall have printed thereon, on the side opposite the statement,
instructions as to the duties of the voter after the marking of the
ballot, which instructions shall include a specific direction stating
when such ballot must be postmarked and when such ballot must reach the
office of the board of elections in order to be canvassed.
8. Each inner affirmation ballot envelope shall be enclosed in an
outer envelope addressed to the appropriate board of elections and
bearing on it a specific direction that if an original application for
an early mail ballot is received with the ballot, such application must
be completed by the voter and returned in the outer envelope together
with the sealed inner affirmation envelope containing the early mail
ballot within the time limits for receipt of the early mail ballot
itself. Such inner affirmation envelope and outer envelope shall be
enclosed in the third envelope addressed to the early mail voter. The
outer and third envelopes shall have printed on the face thereof the
words "Election Material--Please Expedite".
Ballots; emergency use, to be furnished. 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 casting of votes.
2. If the official ballots for an election district shall not be
delivered within the time necessary to open the polls, or shall be lost,
destroyed or stolen, or if the supply of official ballots shall be
exhausted before the polls are closed, the board of elections, or at its
direction, the town or city clerk, or the election inspectors of such
district, shall cause emergency ballots to be prepared, printed or
written, as nearly in the form of the official ballots as practicable.
The inspectors shall use the ballots so substituted in the same manner,
as near as may be, as the official ballots.
3. It shall be the duty of each board of elections to cause a
sufficient 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.
Ballots which are counted by machine. All ballots printed for
use on a voting system approved by the state board of elections may be
printed and arranged in a manner which would permit them to be counted
by such machine.
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, except that such ballots need not
have a stub, and shall have the words "Absentee Ballot", endorsed
thereon.
(b) All provisions of this chapter not inconsistent with this
subdivision shall be applicable 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
Mark the (insert "oval" or "square") to the left of the name of your
choice. (Provide illustration of correctly-marked voting position here.)
To vote for a candidate whose name is not printed on the ballot, (insert
"mark the oval (or square) to the left of 'write-in' and print the name
clearly" or "print the name clearly in the box labeled 'write-in'"),
staying within the box. Any mark or writing outside the spaces provided
for voting may void the entire ballot. You have a right to a replacement
ballot. If you make a mistake or want to change your vote, call the
board of elections at (insert phone number here) for instructions on how
to obtain a new ballot. The number of choices is listed for each
contest. Do not mark the ballot for more candidates than allowed. If you
do, your vote in that contest will not count.
(c) When a question or proposal is included on the ballot,
instructions substantially similar to those provided in subdivision
fifteen of section 7-104 of this article shall be included.
2. The determination of the appropriate county board of elections as
to the candidates duly designated or nominated for public office or
party position whose name shall appear on the 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,
designation or nomination is invalid and, in the event of such later
determination, no vote cast for any such nominee by any voter shall be
counted at the election.
3. There shall be three envelopes for each 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 furnish with
each absentee ballot an inner affirmation envelope. On one side of the
envelope 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)........
4. The date of the election, name of the county, and name of a city,
if there be a separate ballot for city voters, shall be printed, and the
name of the voter, residence, number of the assembly district, if any,
name of town, number of ward, if any, election district and party
enrollment, if required, shall be either printed or written or stamped
in by the board.
5. There shall also be a place for two board of elections staff
members or inspectors of opposite political parties to indicate, by
placing their initials thereon, that they have checked and marked the
voter's poll record and a box labeled "BOE use only" for notations
required when the board of elections reviews affirmation ballot
envelopes pursuant to section 9-209 of this chapter.
6. On the reverse side of such inner affirmation envelope shall be
printed the following statement:
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
am a qualified voter because of the reason given on my application
heretofore 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
impediment which denies me the right to vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of 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
7. The inner affirmation envelope shall be gummed, ready for sealing,
and shall have printed thereon, on the side opposite the statement,
instructions as to the duties of the voter after the marking of the
ballot, which instructions shall include a specific direction stating
when such ballot must be postmarked and when such ballot must reach the
office of the board of elections in order to be canvassed.
8. Each inner affirmation ballot envelope shall be enclosed in an
outer envelope addressed to the appropriate board of elections and
bearing on it a specific direction that if an original application for
an 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 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".
Ballots; military voters. 1. The state board of elections,
after conferring with federal authorities, if any, authorized to act,
shall prescribe the form and cause to be printed by the appropriate
boards of elections or otherwise sufficient ballots for military voters
to be used at the election, subject to the following limitations:
2. The ballots for military voters shall be the same form as those to
be voted by absentee voters in the election district of the military
voter on election day. Any instructions that the state board of
elections deems pertinent shall accompany such ballots but shall not be
affixed thereto in any manner so as to leave any marks on such ballots
not found on absentee ballots.
3. 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
county board of elections. The board of elections shall furnish an inner
affirmation envelope with each military ballot upon which envelope shall
be printed:
BALLOT FOR MILITARY VOTER
AFFIRMATION
I swear or affirm that:
(a) I am a member of the uniformed services or merchant marine on
active duty or an eligible spouse, parent, child or dependent of such a
member, and
(b) I am a United States citizen, at least eighteen years of age (or
will be by the day of the election), eligible to vote in the requested
jurisdiction, and
(c) I have neither been convicted of a felony or other disqualifying
offense nor been adjudicated mentally incompetent, or if so, my voting
rights have been reinstated, and
(d) I am not registering, requesting a ballot, or voting in any other
jurisdiction in the United States, and
(e) My signature and date below indicate when I completed this
document, and
(f) The information on this form is true and complete to the best of
my knowledge.
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
4. On the reverse side of the inner affirmation envelope shall be
printed:
TO BE FILLED IN BY THE BOARD OF ELECTIONS:
FOR..........ELECTION......... 20......
County of................................................................
Name of voter............................................................
Voting residence (street and number, if any).............................
City (or town) of..............Ward......................................
Assembly District..............Election District.........................
Party Enrollment (in case of primary election)...........................
IMPORTANT TO MILITARY VOTER: YOU MUST SIGN THE AFFIRMATION ON THIS
ENVELOPE.
5. The information in subdivision four of this section shall be filled
in by the board of elections prior to the mailing of any military ballot
and envelopes if the military voter's preferred method of transmission
with the board of elections is by mail, or it may be filled in by the
board of elections upon the receipt of the returned military ballot and
envelope where the ballot and envelope have been transmitted to the
military voter other than by mail or in person.
6. The inner affirmation envelope, if delivered by mail or in person,
shall be gummed and ready for sealing. Such envelope, or any created by
the military voter who has received his or her ballot by facsimile
transmission or electronic mail in accordance with the provisions of
subdivision seven of this section, shall have printed thereon, on the
side opposite the affirmation, instructions as to the duties of the
military voter after the marking of the ballot. Such instructions shall
include specific directions stating that the ballot must be returned in
person or mailed to the appropriate board of elections, when the outer
envelope must be postmarked, if mailed, and when such envelope, whether
returned in person or mailed, must reach such board of elections in
order to be canvassed. Such inner affirmation envelope shall also
include a direction that an application for a military ballot should not
be enclosed in the inner affirmation envelope containing such ballot.
7. If a military voter has designated a preference to receive his or
her ballot by facsimile transmission or electronic mail pursuant to
section 10-107 of this chapter, the transmission of the military voter's
ballot shall include, together with all information and instructional
materials that accompany ballot materials sent by the board of elections
to other absentee voters, appropriate instructions as to the folding of
same so as to create an inner affirmation envelope containing all of the
information set forth in subdivisions three, four and six of this
section.
8. Such inner affirmation envelope containing the military ballot
shall be enclosed in an outer envelope, addressed to the appropriate
board of elections, and bearing on it the words "Official Election
Ballot--Via Air Mail". The outer envelope shall include specific
directions that if an original completed application for a military
ballot has not already been returned in person or mailed to the military
voter's board of elections, such application must be completed by the
military voter and returned in the outer envelope with the sealed inner
affirmation envelope containing the military ballot within the time
limits for the receipt of the military ballot itself. Such envelope
shall provide lines in the upper left corner for the military voter to
write his or her name and complete military address.
9. The outer envelope addressed to the appropriate board of elections
and the inner affirmation envelope which contains the ballot shall be
mailed to the military voter in a third envelope on which is printed the
words "Official Election Ballot--Via Air Mail".
10. At the side opposite the address on the outer envelope, below the
gummed seal, for a ballot delivered by mail or in person, or below the
flap for a ballot transmitted to the military voter by facsimile
transmission or electronic mail, shall be printed:
This ballot was mailed on _________ which is not later than the
(date)
day before the election.
_______________ _____________
Signed (Witness) Date
11. If the military voter's preferred method of transmission is
facsimile transmission or electronic mail, the electronic transmittal of
the military voter's ballot materials shall include appropriate
instructions as to the folding of same so as to create an outer envelope
containing all of the information set forth in subdivisions eight and
ten of this section.
Ballots; special federal voters. 1. The ballots for special
federal voters shall provide for voting for presidential and
vice-presidential electors, United States senator, representative in
congress, and delegates and alternate delegates to a national convention
only and shall be in the form prescribed by this chapter for absentee
ballots, except that on either the front or the back of the ballot shall
be printed or stamped the words "Official Ballot--Special Federal
Voter", provided, however, that at any election at which special federal
voters may vote for all the offices and positions on the ballot, no such
separate ballot shall be printed and the ballot for special federal
voters shall be the same as the ballot provided to absentee voters in
such election.
2. 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
furnish an inner affirmation envelope with each special federal ballot
upon which envelope shall be printed:
I swear or affirm that:
(a) I am a United States citizen residing outside the United States,
and
(b) I am at least eighteen years of age (or will be by the day of the
election), eligible to vote in the requested jurisdiction, and
(c) I have neither been convicted of a felony or other disqualifying
offense nor been adjudicated mentally incompetent, or if so, my voting
rights have been reinstated, and
(d) I am not qualified to register, request a ballot, or vote in any
other jurisdiction in the United States, and
(e) My signature and date below indicate when I completed this
document, and
(f) The information on this form is true and complete to the best of
my knowledge.
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
3. On the reverse side of the inner affirmation envelope shall be
printed:
TO BE FILLED IN BY THE BOARD OF ELECTIONS
FOR..........ELECTION......... 20......
Name of voter ..........................................................
Residence from which vote is being cast:
Street and number ....................................................
City or town .........................................................
County ...............................................................
Assembly District or Ward ............................................
Election District ....................................................
Party Enrollment (in case of primary election) .......................
IMPORTANT TO SPECIAL FEDERAL VOTER: YOU MUST SIGN THE AFFIRMATION ON
THIS ENVELOPE.
4. The information in subdivision three of this section shall be
filled in by the board of elections prior to the mailing of any special
federal ballot and envelopes if the special federal voter's preferred
method of transmission with the board of elections is by mail, or it may
be filled in by the board of elections upon receipt of the returned
special federal ballot and envelope when the ballot and envelope have
been transmitted to the special federal voter other than by mail or in
person.
5. The inner affirmation envelope, if delivered by mail or in person,
shall be gummed and ready for sealing. Such envelope, or any created by
the special federal voter whose ballot was delivered by facsimile
transmission or electronic mail in accordance with subdivision six of
this section, shall have printed thereon, on the side opposite the
affirmation, instructions as to the duties of the voter after the
marking of the ballot. Such instructions shall include specific
directions stating that the ballot must be returned in person or mailed
to the appropriate board of elections, when the outer envelope must be
postmarked, if mailed, and when such envelope, whether returned in
person or mailed, must reach such board of elections in order to be
canvassed. Such inner affirmation envelope shall also include a
direction that an application for a special federal ballot should not be
enclosed in the inner affirmation envelope containing such ballot.
6. If a special federal voter has designated a preference to receive
his or her ballot by facsimile transmission or electronic mail pursuant
to section 11-203 of this chapter, the transmission of the special
federal voter's ballot shall include, together with all information and
instructional materials that accompany ballot materials sent by the
board of elections to other absentee voters, appropriate instructions as
to the folding of same so as to create an envelope containing all of the
information set forth in subdivisions two, three and five of this
section.
7. Such inner affirmation envelope containing the special federal
ballot shall be enclosed in an outer envelope addressed to the
appropriate board of elections, and bearing on it the words "Official
Election Ballot--Via Air Mail". The outer envelope shall include
specific directions that if an original completed application for a
special federal ballot has not already been delivered or mailed to the
special federal voter's board of elections, such application must be
completed by the special federal voter and returned in the outer
envelope with the sealed inner affirmation envelope containing the
special federal ballot within the time limits for the receipt of the
special federal ballot itself. Such envelope shall provide lines in the
upper left corner for the special federal voter to write his or her name
and complete special federal address.
8. The outer envelope addressed to the appropriate board of elections
and the inner affirmation envelope which contains the ballot shall be
mailed to the special federal voter in a third envelope on which is
printed the words "Official Election Ballot--Via Air Mail".
9. If the special federal voter's preferred method of transmission is
facsimile transmission or electronic mail, the electronic transmittal of
the special federal voter's ballot materials shall include appropriate
instructions as to the folding of same so as to create an outer envelope
containing all of the information set forth in subdivision eight of this
section.
Ballots; special presidential voters. 1. The ballots for
special presidential voters shall provide for voting for presidential
and vice presidential electors only and shall be in the form prescribed
for absentee ballots, except that either on the front or the back they
shall be endorsed with the words printed or stamped, "Official
Ballot-Special Presidential Voter" and "Presidential Electors".
2. There shall be three envelopes for each special presidential
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 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......., 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
printed, written or stamped in by the board.
3. On the reverse side of such envelope shall be printed the
following 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.
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
4. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the
envelope must be delivered or mailed to the appropriate board of
elections and a specific direction stating when such envelope must be
delivered or postmarked and when such envelope, if so mailed, must reach
such board of elections in order to be canvassed.
5. Each ballot envelope shall be enclosed in a second envelope
addressed to the board of elections and bearing a specific direction
that if an application for special presidential ballot is received with
the ballot, such application must be completed by the voter and returned
in such envelope together with the envelope containing the special
presidential ballot. Such second envelope shall be enclosed in a third
envelope addressed to the special presidential voter. The second and
third envelopes shall have printed on the face thereof the words
"Election Material--Please Expedite".
Ballots; pasters, or stickers, use of. No pasters or stickers
shall be affixed to any official ballot by any voter. The board of
elections may authorize election officials to affix a paster or sticker
upon unvoted ballots. All of the voted ballots for which the use of a
paster or sticker shall have been authorized shall be manually canvassed
and shall not be canvassed by a ballot scanner.
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 fifty days, except in the case of
extraordinary circumstances in which case on the earliest day
practicable, before the election for which the ballots have been
prepared and the official ballots open to such inspection 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 entitled to
vote.
2. a. Each officer or board charged with the duty of preparing ballots
to be used 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 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 ballots, provided, however, that the time so
specified shall be no later than forty-six days before the election at
which the ballots will be used.
b. A candidate, whose name appears on the ballot or his or her
designated representative, may, in the presence of the election officer
attending the ballot, inspect the ballot to see that his or her ballot
position is in its proper place 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
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 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.
Ballots; examination by voters and instruction in use of
voting machines. One or more voting machines which shall contain the
ballot labels, showing the 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 preceding 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.
TITLE 2 Voting Machines
Adoption and use of voting machine or system. 1. The board of
elections of the city of New York and other county boards of elections
may adopt any kind of voting machine or system approved by the state
board of elections, or the use of which has been specifically authorized
by law; and thereupon such voting machine or system may be used at any
or all elections and shall be used at all general or special elections
held by such boards in such city, town or village and in every contested
primary election in the city of New York and in every contested primary
election outside the city of New York in which there are one thousand or
more enrolled voters qualified to vote. No more than two types of voting
machines or systems may be used by any local board of elections at a
single election. Notwithstanding the other provisions of this
subdivision, any local board of elections may borrow or lease for use on
an experimental basis for a period of not more than one year each,
voting machines or systems of any type approved by the state board of
elections.
2. For five years after any voting machine or system of a type
approved by the state board of elections pursuant to the election reform
and modernization act of 2005 is first used in any election district,
the local board of elections which owns such machine or system shall
provide a model or diagram of such voting machine or system for each
polling place in which any such election district is located. Such
models or diagrams shall meet the standards set forth in regulations
promulgated by the state board of elections.
3. Whenever there are more offices to be elected than can be
accommodated on the voting machine or system or more candidates have
been nominated for an office than can be accommodated on the voting
machine or system, the local board of elections may provide for the use
of separate paper ballots for such offices, when other offices are voted
for on voting machines or systems by voters of the same election
district.
Voting machines and systems; examination of. 1. Any person or
corporation owning or being interested in any voting machine or system
may apply to have the state board of elections examine such machine or
system. Such applicant shall pay to the board before the examination a
fee equal to the cost of such examination. The state board of elections
shall cause the machine or system to be examined and a report of the
examination to be made and filed in the office of the state board. Such
examination shall include a determination as to whether the machine or
system meets the requirements of section 7-202 of this title and a
thorough review and testing of any electronic or computerized features
of the machine or system. Such report shall state an opinion as to
whether the kind of machine or system so examined can safely and
properly be used by voters and local boards of elections at elections,
under the conditions prescribed in this article and the requirements of
the federal Help America Vote Act. If the report states that the machine
or system can be so used, and the board after its own examination so
determines, in accordance with subdivision four of section 3-100 of this
chapter, the machine or system shall be deemed approved, and machines or
systems of its kind may be adopted for use at elections as herein
provided. The voting machine or system shall be examined by examiners or
testing laboratories to be selected for such purpose by the state board.
Each examiner or laboratory shall receive compensation and expenses for
making an examination and report as to each voting machine or system
examined by him or it. Neither any member of the state board of
elections nor any examiner or owner or employee of any testing
laboratory, shall have any pecuniary interest in any voting machine or
system. Any form of voting machine or system not so approved, cannot be
used at any election.
2. When any change is made in the operation or material of any feature
or component of any machine or system which has been approved pursuant
to the provisions of this section, such machine or system must be
submitted for such re-examination and reapproval pursuant to the
provisions of subdivision one of this section as the state board of
elections deems necessary.
3. If at any time after any machine or system has been approved
pursuant to the provisions of subdivision one or two of this section,
the state board of elections has any reason to believe that such machine
or system does not meet all the requirements for voting machines or
systems set forth in this article, it shall forthwith cause such machine
or system to be examined again in the manner prescribed by subdivision
one of this section. If the opinions in the report of such examinations
do not state that such machine or system can safely and properly be used
by voters at elections under the conditions prescribed by this article,
the state board of elections shall forthwith rescind its approval of
such machine or system. After the date on which the approval of any
machine or system is rescinded, no machines or systems of such type may
be purchased for use in this state. The state board of elections shall
examine all machines or systems of such type which were previously
purchased, to determine if they may continue to be used in elections in
this state.
4. The state board of elections may authorize, for use on an
experimental basis, one or more types of voting machine, system or
equipment not previously approved by such board pursuant to the
provisions of this section and may authorize a local board of elections
to rent or borrow a limited number of one such type of machine, system
or equipment for use in a primary, special, general or village election.
Authorization for such use of such a machine, system or equipment may be
given for all or part of any city, town or village for any such
election.
5. The board shall deposit all fees collected pursuant to the
provisions of subdivision one of this section to the credit of the
voting machine and system examination fund established pursuant to
section ninety-two-p of the state finance law.
Voting machine or system; requirements of. 1. A voting
machine or system to be approved by the state board of elections shall:
a. be constructed so as to allow for voting for all candidates who may
be nominated and on all ballot proposals which may be submitted and,
except for elections at which the number of parties and independent
bodies on the ballot exceeds the number of rows or columns available, so
that the amount of space between the names of any two candidates of any
party or independent body in any row or column of such machine or system
at any election is no greater than the amount of space between the names
of any other candidates of such party or independent body at such
election;
b. permit a voter to vote for any person for any office, whether or
not nominated as a candidate by any party or independent body without
the ballot, or any part thereof, being removed from the machine at any
time;
c. be constructed so that a voter cannot vote for a candidate or on a
ballot proposal for whom or on which he or she is not lawfully entitled
to vote;
d. if the voter selects votes for more than one candidate for a single
office, except where a voter is lawfully entitled to vote for more than
one person for that office, notify the voter that the voter has selected
more than one candidate for a single office on the ballot, notify the
voter before the ballot is cast and counted of the effect of casting
multiple votes for the office, and provide the voter with the
opportunity to correct the ballot before the ballot is cast and counted;
e. provide the voter an opportunity to privately and independently
verify votes selected and the ability to privately and independently
change such votes or correct any error before the ballot is cast and
counted;
f. be provided with a "protective counter" which records the number of
times the machine or system has been operated since it was built and a
"public counter" which records the number of persons who have voted on
the machine at each separate election;
g. be provided with a lock or locks, or other device or devices, the
use of which, immediately after the polls are closed or the operation of
the machine or system for such election is completed, will absolutely
secure the voting or registering mechanism and prevent the recording of
additional votes;
h. be provided with sufficient space to display the information
required herein, provided, however, in the alternative, such information
may be displayed within the official ballot;
i. be provided with a device for printing or photographing all
counters or numbers recorded by the machine or system before the polls
open and after the polls close which shall be a permanent record with a
manual audit capacity available for canvassing the votes recorded by the
machine or system; such paper record shall be preserved in accordance
with the provisions of section 3-222 of this chapter;
j. retain all paper ballots cast or produce and retain a voter
verified permanent paper record which shall be presented to the voter
from behind a window or other device before the ballot is cast, in a
manner intended and designed to protect the privacy of the voter; such
ballots or record shall allow a manual audit and shall be preserved in
accordance with the provisions of section 3-222 of this chapter;
k. provide sufficient illumination to enable the voter to see the
ballot;
l. be suitable for the use of election officers in examining the
counters such that the protective counters and public counters on all
such machines or systems must be located so that they will be visible to
the inspectors and watchers at all times while the polls are open;
m. be provided with a screen and hood or curtain or privacy features
with equivalent function which shall be so made and adjusted as to
conceal the voter and his or her action while voting;
n. contain a device which enables all the election inspectors and poll
watchers at such election district to determine when the voting machine
or system has been activated for voting and when the voter has completed
casting his or her vote;
o. permit the primaries of at least five parties to be held on such
machine or system at a single election, and accommodate such number of
multiple ballots at a single election as may be required by the state
board of elections but in no case less than five;
p. be constructed to allow a voter in a wheelchair to cast his or her
vote;
q. permit inspectors of elections to easily and safely place the
voting machine or system in a wheelchair accessible position;
r. ensure the integrity and security of the voting machine or system
by:
(i) being capable of conducting both pre-election and post-election
testing of the logic and accuracy of the machine or system that
demonstrates an accurate tally when a known quantity of votes is entered
into each machine; and
(ii) providing a means by which a malfunctioning voting machine or
system shall secure any votes already cast on such machine or system;
s. permit alternative language accessibility pursuant to the
requirements of section 203 of the Voting Rights Act of 1965 (42 U.S.C.
1973aa-1a) such that it must have the capacity to display the full
ballot in the alternative languages required by the federal Voting
Rights Act if such voting machine or system is to be used where such
alternative languages are required or where the local board deems such
feature necessary; and
t. not include any device or functionality potentially capable of
externally transmitting or receiving data via the internet or via radio
waves or via other wireless means.
2. The state board of elections shall approve, for use at each polling
place at least one voting machine or system at such polling place which,
in addition to meeting the requirements in subdivision one of this
section, shall:
a. be equipped with a voting device with tactile discernible controls
designed to meet the needs of voters with limited reach and limited hand
dexterity;
b. be equipped with an audio voting feature that communicates the
complete content of the ballot in a voice which permits a voter who is
blind or visually impaired to cast a secret ballot using voice-only or
tactile discernible controls; and
c. be capable of being equipped with a pneumatic switch voting
attachment which can be operated orally by gentle pressure or the
creation of a vacuum through the inhalation or exhalation of air by the
voter including, but not limited to, a sip-and-puff switch voting
attachment.
3. The state board of elections may, in accordance with subdivision
four of section 3-100 of this chapter, establish by regulation
additional standards for voting machines or systems not inconsistent
with this chapter.
4. Local boards of elections which obtain voting machines pursuant to
this chapter may determine to purchase direct recording electronic
machines or optical scan machines in conformance with the requirements
of this chapter.
Voting machines; requirement of use. 1. The board of
elections shall provide a sufficient number of voting machines to fully
equip all election districts within its jurisdiction. Such voting
machines shall be used at all general, special and primary elections
conducted pursuant to this chapter.
2. Notwithstanding any provision of law to the contrary, the state
board of elections shall establish, in accordance with subdivision four
of section 3-100 of this chapter, for each election, the minimum number
of voting machines required in each polling place and the maximum number
of voters that can vote on one voting machine. Such minimum number of
voting machines shall be based on the voting machine in use, taking into
account machine functionality and capability, including the ability to
tabulate multiple official ballots and the need for efficient and
orderly elections and, in the case of a general or special election, the
number of registered voters, excluding voters in inactive status, in the
election district or, in the case of a primary election, the number of
enrolled voters, excluding voters in inactive status, therein.
3. In the event that the board of elections shall not agree upon, or
the county shall not execute a contract or contracts for the purchase
of, the necessary voting machines, such contract or contracts shall be
awarded, made and executed by the state board of elections, in
accordance with subdivision four of section 3-100 of this chapter, on
approval of the attorney general as to form. The expense of making and
entering into such contracts, including the preparation and printing of
specifications, and also all payments for voting machines to be made
thereunder, shall be chargeable to the county, except in the city of New
York where such expense shall be chargeable to such city, and it shall
be the duty of the comptroller or other chief fiscal officer of the
county or city, as the case may be, to pay the same upon the certificate
of the officer making such contract, or upon the certificate of the
state board of elections in the event that such contract be made by it.
No provision of any charter or other law or ordinance governing the
purchase of patented articles shall be deemed to apply to the purchase
of voting machines pursuant to the provisions of this section. Nothing
in this section shall be construed to prevent the state board of
elections from distributing voting machines to boards of elections
pursuant to other provisions of this chapter without charge.
4. The board of elections may purchase voting machines for use in
demonstration and as extra machines within the county.
Contracts for purchase of voting machines or systems. 1. All
contracts for purchase of voting machines or systems of types approved
by the state board of elections shall include, but not be limited to,
requirements that the vendors provide assistance in training board of
elections personnel in the operation of such machines or systems and any
ancillary equipment, assistance in the conduct of all elections
conducted during the first year in which each such machine or system is
used and at least five years of service for all such machines or systems
and ancillary equipment.
2. All such contracts shall also require the vendor to guarantee in
writing to keep such machines and systems in good working order for at
least five years without additional cost and to perform satisfactorily
its training and service obligations under the contract and to give a
sufficient bond conditioned to that effect.
3. The state board of elections, in consultation with the office of
general services, shall issue regulations specifying the manner in which
contracts must be drawn in order to comply with the provisions of this
section.
4. Purchase contracts for purchase of voting machines or systems of
types approved by the state board of elections may not become effective
until a date at least ten days after copies of such contracts are
received by the state board of elections unless, within such ten day
period, such board of elections notifies the local board of elections
which submitted such contract that such contract does not meet
requirements of this chapter or the regulations of the state board of
elections.
Voting machines; use of at primaries. 1. The board of
elections of any county outside the city of New York may adopt, and
shall adopt when required by local law in any city or by action of the
county legislative body in any county, the use of voting machines for
contested primary elections in any or all parts of such city or county
for any office or position for which such board is not required to use
such machines. Wherever voting machines are used for primary elections,
the board of elections having jurisdiction over elections in the city,
county or town concerned shall issue directions for such use for each
primary election which shall be in conformity with the provisions of
this section and of all other applicable provisions of this chapter and
which shall be binding on all election officials in the area involved.
2. Additional voting machines may be acquired for this purpose. If the
voting machines used are equipped with a mechanism by which a voter of
one party may be permitted to vote for any candidate of his own party
but prevented from voting for any candidates of other parties, the same
machines may be used for the primaries of all parties or of more than
one party. In the use of such a machine an inspector assigned for the
purpose by the board of inspectors shall set the machine before each
voter enters the voting booth so that it can be operated only for
candidates of the party in which the voter is enrolled. If the face of a
single machine will not hold the candidates of all parties, two or more
machines may be used in a single election district, but all the
candidates of any one party for whose primary contests voting machines
are used must appear on the same machine except as provided in
subdivision five of this section.
3. If the voting machines are not thus adapted to use for the primary
contests of more than one party on the same machine, a separate voting
machine shall be provided for the primary contests of each party for
which such voting machines are used. Voting machines of both types may
be used in the same primary election in different election districts or
in the same election district for different parties.
4. Wherever voting machines are used for primary elections, they shall
be used in accordance with the following provisions of this section for
all primary contests so far as the available supply of voting machines
will permit, except that the use of voting machines in all contested
primary elections in the city of New York shall be mandatory except as
provided in subdivision five. Outside the city of New York, if the
available supply of voting machines is insufficient to contain all
primary contests, paper ballots shall be used insofar as necessary. If
there are not enough voting machines to cover all election districts for
all parties therein, preference shall be given in the use of machines,
first to contests for nomination for public office over contests for
election to party position and, second to the contests which are held in
the greatest numbers of election districts. If a voting machine used for
a party in a particular election district will not accommodate all the
candidates of the party therein, as many as possible of the contests of
such party shall be carried on the voting machine subject to the
following priorities: first to contests for nomination for public
office, and second to offices voted for in such party in the most
election districts. Subject to these requirements, the board of
elections of any county outside the city of New York shall designate
which election districts and which parties therein shall use voting
machines for primary contests, and which contests shall appear on a
voting machine when the machine will not accommodate all the contests of
a party.
5. To provide an opportunity for voting for offices or party positions
for which more candidates have been designated than can be accommodated
on the voting machines, the board of elections may provide for the use
of a separate paper ballot for such offices and positions when other
offices and positions are voted for on voting machines by voters of the
same party.
6. When voting machines are used for primary elections the provisions
of the other sections of this article shall be observed so far as
applicable, except that the provisions for party rows or columns and the
use of party names and emblems for each individual candidate shall be
disregarded. When primary candidates of more than one party appear on
the same voting machine, the candidates of each party shall appear
together on one part of the machine distinctly and prominently separated
from the part or parts used for candidates of other parties and
prominently labeled with the name of the party. When a voting machine is
used for the primary candidates of one party only, the machine shall be
prominently labeled with the name of that party.
7. The state board of elections shall have power to issue
supplementary instructions for the use of voting machines in primary
elections in accordance with the provisions of this section. Subject to
such instructions and to the provisions of this section the board of
elections shall have power to make all necessary or desirable provisions
for such use.
Testing of voting and ballot counting machines. 1. The state
board of elections shall test every voting machine of a type approved
after September first, nineteen hundred eighty-six and every ballot
counting machine to insure that each such machine functions properly
before such machines may be used in any election in this state.
2. Such testing shall include, but not be limited to, a verification
of the authenticity and integrity of the resident vote tabulation
programming in open, encrypted, compiled, assembled, or any other form,
in each voting machine of such types, by comparison of such resident
vote tabulation programming with the programming which was in the
machine of such type which was approved for use in this state and the
recording of at least eight hundred votes on each such voting machine
and a sufficient number of votes on each such ballot counting machine,
by a method which may be mechanical or electronic, to determine if such
machine accurately records such votes.
3. At least annually, the board of elections of each county in which
any such voting or ballot counting machines are in use shall test each
such machine in a manner prescribed by the state board of elections
under conditions supervised by such state board. Such tests shall
include, but not be limited to the tests required by subdivision two of
this section.
4. Upon the discovery of a discrepancy during the recanvass required
by subdivision three of section 9-208 of this chapter, the ballot
scanner shall be retested pursuant to 9 NYCRR 6210.2. No ballot scanner
shall be returned to service until any such discrepancy has been
resolved.
Voting and ballot counting machines; preparation of, party
representatives. 1. It shall be the duty of the board of elections to
cause the proper ballot labels to be prepared and placed on those voting
machines which require ballot labels, to cause the machines and any
removable electronic or computerized devices which operate such machines
or record the vote thereon to be placed in proper order for voting, to
examine all voting machines and all such electronic or computerized
devices before they are sent out to the different polling places, to see
that all the registering counters are set at zero, to cause a printed
record of all the ballot label programming data, for each election,
which is entered into each voting machine of a type approved after
September first, nineteen hundred eighty-six, or which is entered into
any removable electronic or computerized device which operates such
machine or records the vote thereon, to be produced directly from the
device on which such ballot label programming data was entered and to
lock all voting machines so that the counting machinery can not be
operated and to seal each one with a numbered seal.
2. (a) Before preparing or programming the voting and ballot counting
machines and any removable electronic or computerized devices which
operate such machines or record the vote thereon for any election,
written notices shall be mailed to the chairman of the county committees
of the major political parties, stating the times when and place or
places where the machines and devices will be prepared or programmed; at
which times and place or places, one representative of each of such
political parties, certified by the respective chairmen of the county
committees of such parties, shall be entitled to be present and see that
the machines and devices are properly prepared and placed in proper
condition and order for use at the election. The party representatives
shall take the constitutional oath of office, which shall be filed in
the office of the board of elections.
(b) It shall be the duty of such party representatives to be present
at the preparation of the voting machines for election and see that the
machines are properly prepared and that all registering counters are set
at zero by examining such counters or by examining the printed or
photographic record produced by such voting machine or by examining the
printed record of the ballot label programming data on such machine.
When the machines have been prepared for election, it shall be the duty
of the custodian or custodians of voting machines and party
representatives, to make a certificate in writing which shall be filed
in the office of the board of elections, stating the number of machines,
whether or not all the machines are set at zero, the number registered
on the protective counter, and the number on the seal with which the
machine is sealed.
3. No custodian or other employee of the board of elections shall in
any way prevent free access to and examination of all voting machines
that are to be used at the election, by the duly appointed party
representatives. The board of elections and its employees shall afford
the party representatives every facility for the examination of all
voting machines and devices and the registering counters, the printed or
photographic record of the counters or the printed record of the ballot
label programming data on such machines, if any, the protective counters
and the public counters of each and every voting machine. All such
printed or photographic records shall be public records at the offices
of the boards of elections.
4. It shall be the duty of the board of elections to cause such voting
machine or machines, prepared as provided pursuant to this section to be
delivered at each of the respective polling places in which they are to
be used, at least one hour before the time set for the opening of the
polls. After the machine has been delivered, it shall be set up in the
proper manner for use at the election, and it shall be the duty of the
local authorities to provide ample protection against tampering with the
machines.
5. The party representatives shall be paid for their services an
amount that shall be fixed by the board of elections, such amount shall,
however, be approved by the governing body of the municipality wherein
said machines are used and paid by such municipality.
Escrow requirements. Prior to the use of any voting machine
or system in any election in the state, on or after September first, two
thousand six, the state board of elections and the local board of
elections using such voting machine or system shall:
1. Require that the manufacturer and/or vendor of such voting machine,
system or equipment shall place into escrow with the state board of
elections a complete copy of all programming, source coding and software
employed by the voting machine, system or equipment which shall be used
exclusively for purposes authorized by this chapter and shall be
otherwise confidential.
2. Require that the manufacturer and/or vendor of such voting machine,
system or equipment file with the state board of elections and the
appropriate local boards of elections a waiver, prepared by the state
board of elections, which shall waive all rights of the vendor or
manufacturer to assert intellectual property or trade secret rights in
any court of competent jurisdiction hearing a challenge to the results
of any election and requesting that programming source coding, firmware,
and software as well as voting machines or systems be tested by
independent experts under court supervision and at the conclusion of
such proceeding shall be sealed.
3. Require that the manufacturer and/or vendor of such equipment file
with the state board of elections and the appropriate local boards of
elections a consent to having and cooperating in the testing of any
programming, source coding, firmware, or software, pursuant to an order
of any board of elections or court of competent jurisdiction. Any such
board or agent thereof shall be required to maintain the confidentiality
of any proprietary material.
Elimination of punch card ballots. Notwithstanding any other
provision of law, on or after September first, two thousand six, no
punch card ballot or punch card voting system shall be used in any
manner in the conduct of any election.
ARTICLE 8 Conduct of Elections
TITLE 1 Polling Places
Elections; dates of and hours for voting. 1. (a) A primary
election shall be held on the fourth Tuesday in June before every
general election unless otherwise changed by an act of the legislature.
Members of the state and county committees and assembly district leaders
and associate district leaders and all other party positions to be
elected shall be elected at such primary and all nominations for public
office required to be made at a primary election in such year shall be
made at such primary. In each year in which electors of president and
vice president of the United States are to be elected an additional
primary election, to be known as the spring primary, shall be held on
the first Tuesday in February unless otherwise changed by an act of the
legislature, for the purpose of electing delegates to the national
convention.
(b) In the event a run-off primary election is required in the city of
New York, it shall be held on the fourth Tuesday next succeeding the
date on which the initial primary election was held.
(c) The general election shall be held annually on the Tuesday next
succeeding the first Monday in November.
2. Polls shall be open for voting during the following hours: a
primary election from six o'clock in the morning until nine o'clock in
the evening; the general election from six o'clock in the morning until
nine o'clock in the evening; a special election called by the governor
pursuant to the public officers law, and, except as otherwise provided
by law, every other election, from six o'clock in the morning until nine
o'clock in the evening; early voting hours shall be as provided in title
six of this article. Early voting times shall be as provided in section
8-600 of this article.
3. In any election district in which a primary of any party is
uncontested, no primary of such party shall be held. In any election
district in which the primaries of all parties are uncontested on the
day of any primary election, no primaries shall be held on such day and
the polling place shall not be opened for voting.
4. No primary, special or general election for any state or local
office or for the election of officers of any corporation which is
funded in whole or in part by federal, state or municipal moneys shall
be held on a Saturday or Sunday.
Polls; opening of. 1. The inspectors of election, and clerks,
if any, shall meet at the polling place at least one-half hour before
the time set for opening the polls of election. The inspectors of
election shall:
(a) See that the American flag is displayed.
(b) Cause the facsimile ballots and voter information posting to be
posted conspicuously within the polling place.
(c) Cause the distance markers to be placed at a distance of one
hundred feet from the polling place.
(d) Establish a guard-rail by delineating and marking out the voting
area by a suitable means. The ballot scanner, ballot marking device,
ballot boxes and secure storage containers, privacy booths, all ballots
and all equipment shall be kept within such guard-rail.
(e) Place the books, ballots and sample ballots, blanks, stationery
and supplies so that they will be ready and convenient for use.
(f) Affix or attach to their clothing and cause the clerks, if any, to
affix or attach to their clothing the proper identification buttons,
badges or emblems issued by the board of elections pursuant to the
provisions of this chapter. The inspectors and clerks shall wear no
other buttons, badges or emblems which are similar in design.
(g) See that the privacy booths contain conspicuous instructions on
how to properly mark ballots and that voters are provided with
appropriate writing instruments for marking ballots.
(h) Unlock all ballot boxes and secure storage containers to be used
to hold election day paper ballots, see that they are empty, allow them
to be examined by the watchers present, and lock them up again in such a
manner that the watchers and the persons just outside the guard-rail may
see that the boxes are empty when re-locked; provided, however, the
ballot boxes or secure storage containers holding unused ballots shall
be inspected to confirm that only the number of unused election day
paper ballots provided by the board of elections are contained therein.
(i) Inspect the ballot scanner and ballot marking device to see that
it is in good working order. Inspect the placement of privacy booths to
preserve the secrecy of voting; inspect the screen of the ballot scanner
and ballot marking device; inspect the polling place to make certain
there is no way that anyone can view any voting action by a voter at the
ballot scanner, ballot marking device, or in a privacy booth; and affix
a conspicuous notice, in the form prescribed by the state board of
elections, in a prominent place near the ballot scanner and in the
privacy booth, instructing the voter on how to properly mark a ballot in
order to have his or her vote counted. Such notice shall be printed in
English and such other languages as the board of elections may determine
to be appropriate.
(j) Announce that the polls are open for voting and the time when the
polls will close.
(k) Voting at each polling place for early voting shall be conducted
in a manner consistent with the provisions of this article, with the
exception of the tabulation and proclamation of election results which
shall be completed according to subdivisions eight and nine of section
8-600 of this article.
2. The keys to the ballot scanner and ballot marking device shall be
delivered to the inspectors at least one-half hour before the time set
for the opening of the polls, in a sealed envelope, on which shall be
written or printed the ballot scanner or ballot marking device serial
number and location of the polling place, as reported by the voting
machine custodian. The envelope containing the keys shall not be opened
until at least one inspector from each of the two parties shall be
present in the polling place and shall have examined the envelope to see
that it has not been opened. Before opening the envelope, such election
inspectors present shall examine the serial number on the machine, and
shall see if they are the same as the numbers written on the envelope
containing the keys. If found not to agree, the envelope must not be
opened until the voting machine custodian, or other authorized person,
shall have been notified and shall have arrived at the polling place for
the purpose of re-examining such machine and shall certify that it is
properly arranged. If the serial number on the machine is found to agree
with the number on the envelope, the inspectors, except as hereinafter
provided, shall turn on the machine. The inspectors shall carefully
examine the printed record produced by the machine to see that each
counter registers zero, and shall allow watchers to examine the printed
record. The inspectors shall then sign a certificate showing the
delivery of the keys in a sealed envelope, the serial number on the
machine, the number registered on the protective counter, that all the
counters are set at zero and that the public counter is set at zero. The
machine shall remain secured against voting until the polls are formally
opened and shall not be operated except by voters when voting or by
election officials upon the instructions of the board of elections. If
any counter is found not to register zero, the inspectors of election
shall immediately notify the board of elections.
Polls. 1. The American flag shall be kept displayed at each
polling place throughout the election. Facsimile ballots, voter
information posting and distance markers shall not be taken down, torn
or defaced during the election. While the polls are open no person shall
do any electioneering within the polling place, or in any public street,
within a one hundred foot radial measured from the entrances designated
by the inspectors of election, to such polling place or within such
distance in any place in a public manner; and no political banner,
button, poster or placard shall be allowed in or upon the polling place
or within such one hundred foot radial. While the polls are open no
person shall consume any alcoholic beverages within the polling place.
While the polls are open no person shall make any change, alteration or
modification to any entrance to or exit from the polling place unless
such change, alteration or modification allows for increased access for
persons with disabilities or is necessary to maintain public safety due
to the occurrence of an emergency. Any such change, alteration or
modification shall be clearly marked on signage placed adjacent to the
former entrance or exit.
1-a. The election inspectors shall conspicuously post in the polling
place before the opening of the polls, a voter information posting,
which shall include: (a) the sample ballot and instructions for the use
of ballot scanners and ballot marking devices required pursuant to
section 7-118 of this chapter; (b) a statement that "today is election
day" and the hours during which polling places will be open; (c)
instructions on how to cast an affidavit ballot and a concise statement
of a voter's right to such a ballot; (d) instructions relating to
requirements for voting on ballot scanners by those registrants who must
provide identification pursuant to the federal Help America Vote Act of
2002; (e) instructions for first-time voters; (f) a voter's bill of
rights describing voter's rights under applicable federal and state law,
including the right of accessibility and alternate language
accessibility; (g) information pertaining to voting by election day
paper ballot, including information about the consequence of casting an
overvote, steps to prevent unintentional undervoting and spoiled
ballots; (h) instructions on how to contact the appropriate officials if
a voter's right to vote or right to otherwise participate in the
electoral process has been violated; and (i) general information on
federal and state laws regarding prohibitions on acts of fraud and
misrepresentation. The state board of elections shall prescribe the form
and content of the voter information posting, which may be comprised of
one or more pages, provided each page shall be posted separately. The
state board of elections shall prescribe an official version of such
voter information posting for every language which appears on any
general, primary or special election ballot in any election district in
the state and for such other languages as such board, in its opinion,
determines is appropriate. Such posting shall be used in all
jurisdictions, and a separate posting shall be made by election
inspectors for each language appearing on the ballot and for such
additional languages as the board of elections may require. A board of
elections may modify or supplement the voter information posting used in
its jurisdiction to provide additional or local information; provided,
however, any such modification or supplementation shall be submitted to
the state board of elections for prior approval.
2. The ballot boxes, other secure storage containers and all official
ballots shall be kept within the guard-rail, and at least six feet
therefrom, from the opening of the polls until the announcement of the
result of the canvass and the signing of the inspectors' returns
thereof. No person shall be admitted within the guard-rail during such
period except the election officers, authorized watchers, persons
admitted by the inspectors to preserve order or enforce the law, voters
duly admitted for the purpose of voting and children under the age of
sixteen accompanying their voting parents or guardians; provided,
however, that candidates voted for at the polling place may be within
the guard-rail during the canvass.
3. The provisions of this chapter concerning the preservation of order
and apprehension for crime on a day of registration, shall apply to a
day of election, but a person taken into custody shall not be prohibited
thereby from voting.
4. After a ballot box or other secure storage container has been
locked for the purposes of election, it shall not be opened until it is
opened at the close of the polls for purposes of canvass or by election
officials upon the instructions of the board of elections. Each
inspector shall be responsible personally for the custody of each ballot
box and other secure storage container and its contents from the time
the election begins until the box or container is delivered, according
to law, to the person entitled to receive it.
5. Voters entitled to vote who are on line or in the polling place at
the time fixed by law for the closing of the polls shall be allowed to
vote.
6. In the city of New York, during days of primary, general, special
and community school board elections, at each premises wherein a polling
place or places are located, at least one police officer or peace
officer designated by the police commissioner of such city pursuant to
the provisions of article two of the criminal procedure law shall be
assigned for duty from the opening until the closing of the polls.
Additional police officers or peace officers may be assigned as is
deemed appropriate by the police commissioner of such city.
7. This section shall apply on all early voting days as provided for
in section 8-600 of this article.
Polling places; attendance for educational purposes. 1.
Notwithstanding any inconsistent provision of law, in order to
facilitate education and participation in the electoral process, a
number of students in grades eight to twelve, inclusive, not to exceed
four at any one time in any polling place, may enter any polling place
between twelve o'clock noon and three o'clock p.m. for the purpose of
observing the activities taking place therein and, when allowed by the
inspectors, for the purposes of subdivision two of this section,
provided there is proper parental or teacher supervision present, and
provided further, any such student who in any way interferes with the
orderly process of voting shall not be allowed to remain in the polling
place.
2. Notwithstanding any inconsistent provision of law, each board of
elections may provide a spare voting machine inside any polling place or
in a room adjacent to any polling place for the educational use of
students in grades eight to twelve, inclusive. Each such board shall
establish procedures for the use of the machine including, but not
limited to, location and preparation of the machine and duties of the
machine tenders. At least four weeks prior to an election, each board
intending to provide a voting booth for the educational use of students
shall notify each school district within its jurisdiction of the
location of the spare voting machine. Upon such notice, but not later
than two weeks prior to such election, each school district intending to
utilize the spare voting machine made available for educational use as
herein provided shall notify the board of such intention. Any ballot
used in connection with such spare voting machine shall be in the form
prescribed by section 7-118 of this chapter for facsimile or sample
ballots.
3. Notwithstanding any inconsistent provision of law, in order to
facilitate education and foster early participation in the electoral
process, any persons younger than the age of sixteen on election day
shall be permitted to accompany a duly qualified voting parent or
guardian into the appropriate polling place and voting booth for the
specific purpose of observing that parent or guardian vote, and for the
general purpose of observing the electoral process. Any voting parent or
guardian permitting a child to accompany them while voting shall provide
appropriate supervision so as not to allow a child to interfere with the
orderly process of voting.
Change of polling place. In the event that there is a change
of location of a polling place from the last primary or general election
held or the last early voting period held, the board of elections for
the voting district in which the old polling place is located shall post
at the entrance of the old polling location a notice on yellow paper
informing voters that the polling place has been moved and providing the
street address of the new location. Such notice shall be posted on the
date of the election or on the first day of early voting prior to the
opening of the polls.
TITLE 2 Election Inspectors
Board of inspectors; conduct of. 1. The chair of the board of
inspectors theretofore appointed shall continue to act as such, and the
inspectors shall act as a board, and a majority thereof shall decide
questions. Two inspectors who are not of the same political faith shall
have charge of the registration poll ledgers or computer generated
registration lists, subject to inspection thereof by any inspector and
his or her participation in the decision of any question. Of the
inspectors in charge of the registration poll ledgers or computer
generated registration lists, one shall be assigned to the duty of
comparing the signatures of voters. Inspectors shall be assigned to the
foregoing duties by majority vote of the board of inspectors, before the
opening of the polls. Such assignments shall be by lot if a majority
cannot agree. The duties of an inspector or clerk may be changed during
the day. If there be clerks, the board of inspectors may direct a clerk,
who is not otherwise engaged, to perform any duty of an inspector of the
same party, except to vote upon a question to be decided by such board.
Where an oath is required or permitted by this article at any election,
any inspector may administer it. Where ballot scanners, ballot marking
devices, privacy booths, ballot boxes or other secure storage containers
are used, clerks or inspectors shall attend such ballot scanners, ballot
marking devices, privacy booths, boxes or containers.
2. The exterior of any ballot scanner, ballot marking device and
privacy booth and every part of the polling place shall be in plain view
of the election inspectors and watchers. The ballot scanners, ballot
marking devices, and privacy booths shall be placed at least four feet
from the table used by the inspectors in charge of the poll ledger or
computer generated registration list. The guard-rail shall be at least
three feet from the machine and the table used by the inspectors. The
election inspectors shall not themselves be, or allow any other person
to be, in any position or near any position, that will permit one to see
or ascertain how a voter votes, or how he or she has voted nor shall
they permit any other person to be less than three feet from the ballot
scanner, ballot marking device, or privacy booth while occupied. The
election inspectors or clerks attending the ballot scanner, ballot
marking device, or privacy booth shall regularly inspect the face of the
ballot scanner, ballot marking device, or the interior of the privacy
booth to see that the ballot scanner, ballot marking device, or privacy
booth has not been damaged or tampered with. During elections the door
or other covering of the counter compartment of the machine shall not be
unlocked or opened except by a member of the board of elections, a
voting machine custodian or any other person upon the specific
instructions of the board of elections.
TITLE 3 Casting the Ballot
Voting; manner of. 1. The inspectors shall admit within the
voting area only two voters at a time for each ballot scanner, ballot
marking device, or privacy booth and shall ascertain whether each such
voter is entitled to vote. If he or she is found to be entitled to vote,
he or she shall be permitted to proceed to the ballot scanner, ballot
marking device, or privacy booth to vote.
2. The operating of the ballot scanner by the voter while voting or
the use of a privacy booth or ballot marking device for marking a ballot
shall be secret and obscured from all other persons except as provided
by this chapter in cases of voting by assisted voters or in cases of
children under the age of sixteen accompanying their voting parents or
guardians.
3. No voter shall remain within a privacy booth or at a ballot scanner
longer than a reasonable amount of time and if he or she shall refuse to
leave after the lapse of such time, he or she shall be removed by the
inspectors.
Voting; verification of registration. 1. At all elections
held pursuant to the provisions of this chapter two inspectors
representing different political parties shall act together at all times
in supervising the use of the registration records and in verifying the
rights of persons to vote on the basis of such records.
2. The voter shall give the voter's name and the voter's residence
address to the inspectors. An inspector shall then loudly and distinctly
announce the name and residence of the voter.
2-a. If a voter's name appears in the ledger or computer generated
registration list with a notation indicating that the board of elections
has issued the voter an early mail, absentee, military or special
ballot, such voter shall not be permitted to vote on a voting machine at
an early voting site or on election day but may vote by affidavit
ballot.
2-b. (a) If a voter's name appears in the ledger or computer generated
registration list with a notation indicating that the voter's identity
was not yet verified as required by the federal Help America Vote Act,
the inspector shall require that the voter produce one of the following
types of identification before permitting the voter to cast his or her
vote on the voting machine:
(i) a driver's license or department of motor vehicles non-driver
photo ID card or other current and valid photo identification;
(ii) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.
(b) If the voter produces an identification document listed in
paragraph (a) of this subdivision, the inspector shall indicate so in
the ledger or computer generated registration list, the voter will be
deemed verified as required by the federal Help America Vote Act and the
voter shall be permitted to cast his or her vote on the voting machine.
(c) If the voter does not produce an identification document listed in
paragraph (a) of this subdivision, the voter shall only be entitled to
vote by affidavit ballot unless a court order provides otherwise.
3. (a) If an applicant is challenged, the board, without delay, shall
either enter his name in the second section of the challenge report
together with the other entries required to be made in such section
opposite the applicant's name or make an entry next to the voter's name
in the computer generated registration list or in the place provided in
the computer generated registration list.
(b) A person who claims to have moved to a new address within the
election district in which he or she is registered to vote shall be
permitted to vote in the same manner as other voters unless challenged
on other grounds. The inspectors shall enter the names and new addresses
of all such persons in either the first section of the challenge report
or in the place provided in the computer generated registration list and
shall also enter the new address next to such person's address on such
computer generated registration list. When the registration poll records
of persons who have voted from new addresses within the same election
district are returned to the board of elections, such board shall change
the addresses on the face of such registration poll records without
completely obliterating the old addresses and shall enter such new
addresses and the new addresses for any such persons whose names were in
computer generated registration lists into its computer records for such
persons.
(c) A person who claims a changed name shall be permitted to vote in
the same manner as other voters unless challenged on other grounds. The
inspectors shall either enter the names of all such persons in the first
section of the challenge report or in the place provided in the computer
generated registration list, in the form in which they are registered,
followed in parentheses by the name as changed or enter the name as
changed next to such voter's name on the computer generated registration
list. The voter shall sign first on the registration poll record or in
the computer generated registration list, the name under which the voter
is registered and, immediately above it, the new name, provided that in
such registration list, the new name may be signed in the place
provided. When the registration poll record of a person who has voted
under a new name is returned to the board of elections, such board shall
change the voter's name on the face of each registration record without
completely obliterating the old one, and thereafter such person shall
vote only under his or her new name. If a voter has signed a new name in
a computer generated registration list, such board shall enter such
voter's new name and new signature in such voter's computer record.
(d) If an applicant requests assistance in voting and qualifies
therefor, the board shall provide assistance as directed by this
chapter, and shall without delay either enter such applicant's name and
the other entries required in the third section of the challenge report
or make an entry next to such applicant's name in the computer generated
registration list or in the place provided in such registration list.
(e) Whenever a voter presents himself or herself and offers to cast a
ballot, and he or she claims to live in the election district in which
he or she seeks to vote but no registration poll record can be found for
him or her in the poll ledger or his or her name does not appear in the
computer generated registration list or his or her signature does not
appear next to his or her name in such registration list or his or her
registration poll record or the computer generated registration list
does not show him or her to be enrolled in the party in which he or she
claims to be enrolled, a poll clerk or election inspector shall consult
a map, street finder or other description of all of the polling places
and election districts within the political subdivision in which said
election district is located and if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for the residence address
provided by the voter to such poll clerk or election inspector.
Thereafter, such voter shall be permitted to vote in said election
district only as hereinafter provided:
(i) He or she may present a court order requiring that he or she be
permitted to vote. At a primary election, such a court order must
specify the party in which the voter is permitted to vote. The voter
shall be required to sign their full name on top of the first page of
such order, together with the voter's registration serial number, if
any, and the voter's name and the other entries required shall then be
entered without delay in the fourth section of the challenge report or
in the place provided in the computer generated registration list, or,
if such person's name appears on such registration list, the board of
elections may provide a place to make such entry next to his or her name
on such list. The voter shall then be permitted to vote in the manner
otherwise prescribed for voters whose registration poll records are
found in the ledger or whose names are found on the computer generated
registration list; or
(ii) They may swear to and subscribe an affidavit stating that they
have duly registered to vote, the address in such election district from
which they registered, that they remain a duly qualified voter in such
election district, that their registration poll record appears to be
lost or misplaced or that their name and/or their signature was omitted
from the computer generated registration list or such record indicates
the voter already voted when they did not do so or that they have moved
within New York state since they last registered, the address from which
they were previously registered and the address at which they currently
reside, and at a primary election, the party in which they are enrolled,
or that such voter is eligible to vote pursuant to section 8-604 of this
article. The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality used
for an early mail ballot envelope, and shall contain an acknowledgment
that the affiant understands that any false statement made therein is
perjury punishable according to law. Such form prescribed by the state
board of elections shall request information required to register such
voter should the county board determine that such voter is not yet
registered and shall constitute an application to register to vote. The
voter's name and the entries required shall then be entered without
delay and without further inquiry in the fourth section of the challenge
report or in the place provided in the computer generated registration
list, with the notation that the voter has executed the affidavit
hereinabove prescribed, or, if such person's name appears in such
registration list, the board of elections may provide a place to make
such entry next to their name in such list. The voter shall then,
without further inquiry, be permitted to vote an affidavit ballot
provided for by this chapter. Such ballot shall thereupon be placed in
the envelope containing their affidavit, and the envelope sealed and
returned to the board of elections in the manner provided by this
chapter for protested official ballots, including a statement of the
number of such ballots. If a voter registration application for a voter
who casts an affidavit ballot pursuant to this subparagraph was received
by a board of elections by the tenth day prior to the election, the
board shall cast and count an affidavit ballot from such voter, if
otherwise valid, notwithstanding the fact that the voter's name was
omitted from a registration poll record or list of registered voters.
3-a. The inspectors shall also give to every person whose address is
in such election district for whom no registration poll record can be
found and, in a primary election, to every voter whose registration poll
record does not show him to be enrolled in the party in which he wishes
to be enrolled or who claims to be incorrectly identified as having
already voted, a copy of a notice, in a form prescribed by the state
board of elections, advising such person of his right to, and of the
procedures by which he may, cast an affidavit ballot or seek a court
order permitting him to vote, and shall also give every such person who
does not cast an affidavit ballot, an application for registration by
mail.
3-b. In every election district in which the candidates for any office
or position in a primary election have been assigned numbers by the
board of elections because of identical or similar names, the inspectors
shall also give to every person eligible to vote in such primary, a copy
of a leaflet prepared by the board of elections which contains
biographical information about such candidates.
3-c. At the time that an individual casts an affidavit ballot, the
appropriate state or local election official shall give the individual
written information that states that any individual who casts an
affidavit ballot will be able to ascertain under the system established
under subdivision four of section 9-212 of this chapter whether the vote
was counted, and, if the vote was not counted, the reason that the vote
was not counted.
4. At a primary election, a voter whose registration poll record is in
the ledger or computer generated registration list shall be permitted to
vote only in the primary of the party in which such record shows the
voter to be enrolled unless the voter shall present a court order
pursuant to the provisions of subparagraph (i) of paragraph (e) of
subdivision three of this section requiring that the voter be permitted
to vote in the primary of another party, or unless the voter shall
present a certificate of enrollment issued by the board of elections,
not earlier than one month before such primary election, pursuant to the
provisions of this chapter which certifies that the voter is enrolled in
a party other than the one in which such record shows the voter to be
enrolled, or unless he or she shall subscribe an affidavit pursuant to
the provisions of subparagraph (ii) of paragraph (e) of subdivision
three of this section.
5. Except for voters unable to sign their names, no person shall be
permitted to vote without first identifying himself or herself as
required by this chapter.
Initial voter identification. 1. Applicability. Each board of
elections, in a uniform and nondiscriminatory manner, shall require a
voter to meet the requirements of subdivision two of this section if:
(a) the individual registered to vote in a jurisdiction by mail on or
after January first, two thousand three; and
(b) the individual has not previously voted in an election for federal
office in the jurisdiction of the board of elections.
2. Requirements. (a) In general. An individual meets the requirements
of this subdivision if the individual:
(1) in the case of an individual who votes in person: (i) presents to
the appropriate election inspector, clerk or coordinator a current and
valid photo identification; or
(ii) presents to the appropriate election inspector, clerk or
coordinator a copy of a current utility bill, bank statement, government
check, paycheck, or other government document that shows the name and
address of the voter; or
(2) in the case of an individual who votes by mail, submits in the
outer envelope with the envelope containing the ballot: (i) a copy of a
current and valid photo identification; or
(ii) a copy of a current utility bill, bank statement, government
check, paycheck, or other government document that shows the name and
address of the voter.
(b) Fail-safe voting. (1) An individual who desires to vote in person,
but who does not meet the requirements of subparagraph one of paragraph
(a) of this subdivision, may cast an affidavit ballot, and
notwithstanding this section of law, such affidavit ballot shall be duly
cast and counted, even though such individual does not meet the
requirements of subparagraph one of paragraph (a) of this subdivision,
provided such individual casting such ballot is an otherwise eligible
voter pursuant to law, provided further that such ballot otherwise
complies with the requirements of law.
(2) An individual who desires to vote by mail but who does not meet
the requirements of subparagraph two of paragraph (a) of this
subdivision may cast such a ballot by mail and such ballot shall be duly
cast and counted, notwithstanding this section, provided the voter is
determined to be an eligible voter and provided further that such ballot
otherwise complies with the requirements of law.
3. Inapplicability. Subdivisions one and two of this section shall not
apply in the case of a person: (a) who registers to vote by mail and
submits as part of such registration either:
(1) a copy of a current and valid photo identification; or
(2) a copy of a current utility bill, bank statement, government
check, paycheck, or government document that shows the name and address
of the voter;
(b) (1) who registers to vote by mail and submits with such
registration either:
(i) a driver's license or a department of motor vehicles non-driver
photo ID number; or
(ii) at least the last four digits of the individual's social security
number; and
(2) with respect to whom a local board of elections matches the
information submitted under subparagraph one of this paragraph with an
existing state identification record bearing the number, name and date
of birth of such voter; or
(c) who is: (1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
et seq.);
(2) provided the right to vote otherwise than in person under section
3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or
(3) entitled to vote otherwise than in person under any other federal
law.
Voters; signature identification. 1. A person before being
allowed to vote shall be required, except as provided in this chapter,
to sign his or her name on the back of his or her registration poll
record on the first line reserved for his or her signature at the time
of election which is not filled with a previous signature, or in the
space provided in the computer generated registration list reserved for
the voter's signature. The two inspectors in charge shall satisfy
themselves by a comparison of this signature with the voter's
registration signature and by comparison of the voter's appearance with
the descriptive material on the face of the registration poll record
that the voter is the person registered. If they are so satisfied they
shall enter the other information required for the election on the same
line with the voter's latest signature, shall sign their names or
initials in the spaces provided therefor, and shall permit the applicant
to vote. Any inspector or inspectors not satisfied shall challenge the
applicant forthwith.
2. If a person who alleges an inability to sign his or her name
presents himself or herself to vote, the board of inspectors shall
permit such person to vote, unless challenged on other grounds, provided
the voter had been permitted to register without signing the voter's
name. The board shall enter the words "Unable to Sign" in the space on
the voter's registration poll record reserved for the voter's signature
or on the line or space the computer generated registration list
reserved for the voter's signature at such election. If the voter's
signature appears upon the voter's registration record or in the
computer generated registration list the board shall challenge the voter
forthwith, except that if such a person claims that he or she is unable
to sign his or her name by reason of a physical disability incurred
since the voter's registration, the board, if convinced of the existence
of such disability, shall permit him or her to vote, shall enter the
words "Unable to Sign" and a brief description of such disability in the
space reserved for the voter's signature at such election. At each
subsequent election, if such disability still exists, the voter shall be
entitled to vote without signing their name and the board of inspectors,
without further notation, shall enter the words "Unable to Sign" in the
space reserved for the voter's signature at such election.
3. The voter's facsimile signature shall be effectively concealed from
the voter by a blotter or other means until after the voter shall have
completed the signature.
4. In any case where a person who has heretofore voted has placed his
voting signature on the back of his registration poll record on the
first or any succeeding line or lines at the time or times of an
election, instead of on the last line of the space thereon required to
be reserved for such voting signatures and on any lines next running
upward therefrom, the inspectors of election shall obliterate such
misplaced signature or signatures, initial the obliteration and require
such voter to sign his name again in the correct place on such
registration poll record.
5. Any person who has heretofore registered and who at such time
placed his or her registration signature on the back of the registration
poll record otherwise than in the space required to be provided therefor
at the bottom of such poll record, shall, before being permitted to vote
at any election thereafter, subscribe a new registration signature for
himself on the last line at the bottom of such poll record, and, at the
same time, if the inspectors of election are satisfied that the
signatures were made by the same person, obliterate his original
registration signature placed elsewhere than on the bottom of such
record. Such obliterations may be made by crossing out the signature so
as to completely efface the same or by affixing thereover a piece of
gummed tape of a size sufficient only to cover such signature and of a
type adequate to fully conceal the same.
Voters; assistance to. 1. A voter who states under oath to
the board of inspectors that he requires assistance may be assisted in
the manner and subject to the conditions and requirements provided for
in this section.
2. A board of inspectors of election shall assist any voter:
(a) who informs such board, under oath, that he cannot read and
therefore requires assistance, or
(b) who cannot even with the aid of glasses see the names printed on
the official ballot, or
(c) who is so physically handicapped that he cannot do what is needed
at that election to turn down the levers or use a write-in slot on a
voting machine, or mark a paper ballot, or
(d) who, unless aided by another person, cannot enter a voting booth.
3. Any voter who requires assistance to vote by reason of blindness,
disability or inability to read or write may be given assistance by a
person of the voter's choice, other than the voter's employer or agent
of the employer or officer or agent of the voter's union. A voter
entitled to assistance in voting who does not select a particular person
may be assisted by two election inspectors not of the same political
faith. The inspectors or person assisting a voter shall enter the voting
machine or booth with the voter, help the voter in the preparation of
the voter's ballot and, if necessary, in the return of the voted ballot
to the inspectors for deposit in the ballot box. The inspectors shall
enter in the space provided for such voter in the computer generated
registration list, the name of each officer or person rendering such
assistance.
4. An election officer or other person assisting a voter shall not in
any manner request or seek to persuade or induce the assisted voter to
vote any particular ticket, or for any particular candidate, or for or
against any particular ballot proposal, and shall not keep or make any
memorandum or entry of anything occurring within the voting booth and
shall not, directly or indirectly, reveal to any other person the name
of any candidate voted for by such voter, or which ticket he has voted,
except when required pursuant to law to give testimony as to such matter
in a judicial proceeding.
5. A person other than an inspector, who assists a voter in voting,
shall make an oath before entering the booth that he "will not in any
manner request, or seek to persuade or induce the voter to vote any
particular ticket or for any particular candidate, and that he will not
keep or make any memorandum or entry of anything occurring within the
booth, and that he will not, directly or indirectly, reveal to any
person the name of any candidate voted for by the voter, or which ticket
he had voted, or anything occurring within the voting booth, except when
required pursuant to law to give testimony as to such a matter in a
judicial proceeding."
6. If a voter makes any false representation to obtain assistance in
voting, he shall be punishable therefor as prescribed by law.
7. For the instruction of voters, there may be so far as practicable,
in each polling place, a mechanically operated model of a portion of the
face of the voting machine. Such model, if furnished, shall be located
during the election on the inspectors' table or in some other place
which the voters must pass to reach the machine. Each voter, before
entering the machine, shall, upon request, be instructed regarding its
operation and such instruction illustrated on the model and the voter
given opportunity personally to operate the model. The voter's attention
shall also be called to the facsimile ballot so that the voter can
become familiar with the location of the ballot proposals, if any, and
the location of the respective offices to be filled at the election. If
any voter, after entering the voting machine booth and before the
closing of such booth, shall ask for further instructions concerning the
manner of voting, two inspectors of opposite political faith shall give
such instructions to him. No inspector or other election officer or
other person instructing a voter, shall, in any manner, request, suggest
or seek to persuade or induce any such voter to vote any particular
ticket, or for any particular candidate or for or against any particular
ballot proposal. After giving such instructions, the inspectors shall
retire and such voter shall then close the booth and vote as in the case
of an unassisted voter.
8. In no event shall an inspector or any other person enter a voting
machine or booth for the purpose of giving instructions to a voter,
after the voter has closed such booth, except as permitted herein.
9. Any voter requesting a sample ballot shall be furnished one if
available and he may take it away from the polling place.
Voting; voting write-in. 1. Ballots voted for any person
whose name does not appear on the ballot as a nominated or designated
candidate for public office or party position are referred to in this
article as write-in ballots.
2. Any write-in vote for a candidate whether or not such candidate's
name is on the ballot for that contest shall be counted for such
candidate unless such write-in vote creates an invalid overvote in the
contest.
3. A write-in ballot must be cast in its appropriate place on the
ballot, or it shall be void and not counted.
4. A write-in ballot cast in a party primary for a candidate not
enrolled in such party shall be void and not counted.
5. A write-in ballot may also be cast by the use of a name stamp. The
use of name stickers, labels or pasters is prohibited.
Voting; election day paper ballots, marking and casting,
delivery to voter. 1. On receiving his or her ballot, the voter
forthwith shall retire alone, unless he or she is entitled to assistance
in voting or is accompanied by a child under sixteen years of age, to an
unoccupied privacy booth and mark his or her ballot using a writing
instrument supplied by the board of elections. He or she shall not
occupy a privacy booth more than five minutes if other voters are
waiting to occupy it. If the voter wrongly marks, defaces or tears a
ballot, he or she may successively obtain others, one ballot at a time,
not exceeding three ballots in all, upon returning to the inspectors or
clerks each ballot already received.
2. When the voter shall have marked the ballot, he or she shall leave
the privacy booth with the ballot, proceed at once to the ballot
scanner, insert such ballot into the ballot scanner and wait for the
notice that the ballot has been successfully scanned. If no such notice
appears, the voter shall seek the assistance of an election inspector.
3. Upon voting, the voter forthwith shall pass outside the guardrail,
unless he or she is a person authorized to remain for other purposes
than voting.
4. When a person shall have received a paper ballot from any clerk, or
inspector, as hereinbefore provided, he or she shall be deemed to have
commenced the act of voting, and if, after receiving such official
ballot, he or she shall leave the space inclosed by the guard-rail
before the deposit of his or her ballot in the ballot scanner, ballot
box or other secure storage container, as hereinbefore provided, he or
she shall not be entitled to pass again within the guard-rail for the
purpose of voting, or to receive any further ballots.
5. No ballot without the official indorsement shall be allowed to be
deposited in the ballot scanner or, when a ballot scanner is inoperable
or otherwise unable to scan the ballot, in a ballot box or other secure
storage container except for emergency ballots as provided in
subdivision two of section 7-120 of this chapter. No person to whom any
election day paper ballot shall be delivered shall leave the space
within the guard-rail until after he or she shall have scanned the
ballot, deposited the ballot in a ballot box or other secure storage
container or delivered the ballot back to the inspectors or to the
clerks.
6. Election day paper ballots being used with optical scan voting
systems or intended to be counted by hand pursuant to subdivision one of
section 7-200 of this chapter shall be delivered to the voter in a
manner consistent with the rules and regulations promulgated by the
state board of elections.
Voting; primary election, missing enrollment record. If a
registered voter marked an enrollment blank, but his enrollment as so
indicated was not entered or entered incorrectly, he nevertheless shall
be permitted to vote at the primary election, with the party under whose
name he marked such blank, if he produces a certificate of the board of
elections that he marked an enrollment blank, specifying the party, and
that the entry of his enrollment on the registration poll record was
omitted or incorrectly entered by inadvertence or mistake and he is
qualified to vote at the primary election in the party set forth in such
certificate. In such a case the board of elections shall issue such
certificate on demand. The inspectors shall then and there enter the
enrollment on the record.
Ballots; mutilated or spoiled. If a ballot is found to be
defective or mutilated before it is delivered to the voter, its stub and
the stubs of all other ballots in the set shall be detached immediately
and placed in the box for stubs, by the clerks, or if there are no
clerks by the inspector assigned to the duty of delivering ballots, and
all the ballots of that set immediately shall be marked "cancelled", and
placed in the box for spoiled and mutilated ballots. If a voter returns
a ballot as defective, mutilated, defaced, or wrongly marked, he shall
also return all the other ballots of the set, if any, and such clerks or
inspector shall likewise remove their stubs, placing all the stubs in
the box for stubs and all the ballots of the set in the box for spoiled
or mutilated ballots, first marking the ballots "cancelled". In each
case, the voter shall receive another ballot or set of ballots, unless
not entitled thereto.
TITLE 4 Absentee Voting
Absentee voting; application for ballot. 1. A qualified
voter may vote as an absentee voter under this chapter if, on the
occurrence of any village election conducted by the board of elections,
primary election, special election, general election or New York city
community school board district or city of Buffalo school district
election, he or she expects to be:
(a) absent from the county of his or her residence, or, if a resident
of the city of New York absent from said city; or
(b) unable to appear personally at the polling place of the election
district in which he or she is a qualified voter because of illness or
physical disability or duties related to the primary care of one or more
individuals who are ill or physically disabled, or because he or she
will be or is a patient in a hospital; or
(c) a resident or patient of a veterans health administration
hospital; or
(d) absent from his or her voting residence because he or she is
detained in jail awaiting action by a grand jury or awaiting trial, or
confined in jail or prison after a conviction for an offense other than
a felony, provided that he or she is qualified to vote in the election
district of his or her residence.
2. A qualified voter desiring to vote at such election as an absentee
voter for any reason specified in subdivision one hereof must make
application for an absentee ballot on a form to be obtained and filed as
provided herein, by letter as provided in paragraph (d) of this
subdivision, or through the electronic absentee ballot application
transmittal system pursuant to section 8-408 of this title.
(a) Application forms shall be furnished by and may be obtained from
any board of elections at any time until the day before such election,
or on the electronic absentee ballot application transmittal system.
Application forms shall also be supplied by the board of inspectors of
the election district in which applicant is a qualified voter on all of
the days provided for local registration. In addition, application forms
shall be supplied upon the request of the person authorized to vote
pursuant to this section, any such person's spouse, parent or child, a
person residing with the applicant as a member of his household, or the
applicant's duly authorized agent. Application forms sent outside of the
United States to a country other than Canada or Mexico, shall be sent
airmail. Any reference to "board of elections" in the remaining
provisions of this section, except with respect to the furnishing and
obtaining of applications for absentee ballots, means only the board of
elections of the county or city in which the applicant is a qualified
voter.
(b) Applications may be filed with the board of elections, through the
electronic absentee ballot application transmittal system or in person
with the board of inspectors of the election district in which the
applicant is a qualified voter on one of the days provided for local
registration.
(c) All applications requesting an absentee ballot by mail or through
the electronic absentee ballot application transmittal system must be
received by the board of elections not later than the tenth day before
the election for which a ballot is first requested. Applications for an
absentee ballot that will be delivered in person at the board of
elections to the voter or to an agent of the voter must be received by
such board not later than the day before such election.
(d) The board of elections shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests such
an absentee ballot from such board of elections in writing in a letter,
telefax indicating the address, phone number and the telefax number from
which the writing is sent or other written instrument, or an electronic
application submitted by the voter through the electronic absentee
ballot application transmittal system established by the state board of
elections, which is signed by the voter and received by the board of
elections not later than the tenth day before the election for which the
ballot is first requested and which states the address where the voter
is registered and the address to which the ballot is to be mailed;
provided, however, a military voter may request a military ballot or
voter registration application or an absentee ballot application in a
letter as provided in subdivision three of section 10-106 of this
chapter; and provided further, a special federal voter may request a
special federal ballot or voter registration application or an absentee
ballot application in a letter as provided in paragraph d of subdivision
one of section 11-202 of this chapter. The board of elections shall
enclose with such ballot a form of application for absentee ballot if
the applicant is registered with such board of elections.
(e) When mailing an absentee ballot application to a voter the board
of elections shall provide a domestic postage paid return envelope. When
providing an absentee ballot application to a voter in-person, the board
of elections shall offer the voter a domestic postage paid return
envelope and provide one if requested.
3. The application for an absentee ballot when filed must contain in
each instance the following information:
(a) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and his or her
town or city and an address to which the ballot shall be mailed.
(b) A statement that the applicant is a qualified and registered
voter.
(c) A statement, as appropriate, that on the day of such election the
applicant expects in good faith to be in one of the following
categories:
(i) absent from the county of his or her residence, or if a resident
of the city of New York absent from said city; provided, however, if the
applicant expects to be absent from such county or city for a duration
covering more than one election and seeks an absentee ballot for each
election, he or she shall state the dates when he or she expects to
begin and end such absence; or
(ii) unable to appear at a polling place because of illness or
physical disability or duties related to the primary care of one or more
individuals who are ill or physically disabled; or
(iii) a resident or patient of a veterans health administration
hospital; or
(iv) detained in jail awaiting action by a grand jury or awaiting
trial or confined in jail or prison after a conviction for an offense
other than a felony and stating the place where he or she is so detained
or confined.
(d) Such application shall permit the applicant to apply for an
absentee ballot for either a primary election or the general election in
any year and for those persons who will be continuously absent from
their county of residence during the period between the fall primary
election and the general election in any year to apply for ballots for
both such elections in such year. A voter who applies for an absentee
ballot shall be sent an absentee ballot for any special election or
winter primary that occurs during the period of absence specified in the
application.
4. A voter who claims permanent illness or physical disability may
make application for an absentee ballot and the right to receive an
absentee ballot for each election thereafter as provided herein without
further application, by filing with the board of elections an
application which shall contain a statement to be executed by the voter.
Upon filing of such application the board of elections shall cause the
registration records of the voter to be marked "Permanently Disabled"
and thereafter shall send an absentee ballot for each succeeding
primary, special or general election to such voter at his or her last
known address by first class mail with a request to the postal
authorities not to forward such ballot but to return it in five days in
the event that it cannot be delivered to the addressee. The mailing of
such ballot for each election shall continue until such voter's
registration is cancelled.
5. The application for an absentee ballot shall contain the following
language printed in bold face directly above the signature line: "I
CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND
UNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR ALL PURPOSES AS
THE EQUIVALENT OF AN AFFIDAVIT AND, IF IT CONTAINS A MATERIAL FALSE
STATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY
SWORN." Such application shall be accepted for all purposes as the
equivalent of an affidavit and if it contains a material false statement
shall subject the person signing it to the same penalties as if he had
been duly sworn.
6. For purposes of this section, the use of titles, initials or
customary abbreviations of given names by the signers of, or witnesses
to, an absentee ballot request letter, an absentee ballot application
form or an absentee ballot envelope, or the use of customary
abbreviations of addresses of such signers or witnesses, shall not
invalidate such voter's signature or witness's signature on an
application for an absentee ballot or upon canvass or recanvass of the
ballot pursuant to this chapter.
7. If a person entitled to an absentee ballot is unable to sign his
application because of illness, physical disability or inability to
read, he shall be excused from signing upon making a statement, in
substantially the following form, which shall be witnessed by one
person:
"I hereby state that I am unable to sign my application for an absentee
ballot without assistance because I am unable to write by reason of my
illness or physical disability or because I am unable to read. I have
made, or have received assistance in making, my mark in lieu of my
signature."
(Date)...........................
...........................(Mark)
(Name of Voter)
"I, the undersigned, hereby certify that the above named voter affixed
his mark to this application in my presence and I know him to be the
person who affixed his mark to said application and understand that this
statement will be accepted for all purposes as the equivalent of an
affidavit and if it contains a material false statement, shall subject
me to the same penalties as if I had been duly sworn."
...........................
(Signature of Witness)
...........................
(Address of Witness)
Such statement shall be included in the application form furnished by
the board of elections.
8. Printed forms of applications for absentee ballots in accordance
with the requirements of this section shall be provided by the board of
elections. An appropriate number shall be retained by the board of
elections for the purpose of furnishing an application form to each
qualified voter who applies therefor before the board of elections,
either in person or by mail, and an appropriate number shall be
delivered to each board of inspectors on registration days with the
election supplies, and the board of inspectors shall retain the
completed and unused applications and return them to the board of
elections with their election supplies and an appropriate number shall
be available for distribution to officers of political parties, county
clerks, city, town and village clerks, colleges, libraries, hospitals,
nursing homes, senior citizens centers and any other convenient
distribution source which is approved by the local or state board of
elections and which requests such forms.
10. The state board of elections shall prescribe a standard
application form for use under this section. The use of any application
form which substantially complies with the provisions of this section
shall be acceptable and any application filed on such a form shall be
accepted for filing.
Absentee voting; review of application by board of elections.
1. Upon receipt of an application for an absentee ballot the board of
elections shall forthwith determine upon such inquiry as it deems proper
whether the applicant is qualified to vote and to receive an absentee
ballot, and if it finds the applicant is not so qualified it shall
reject the application after investigation as hereinafter provided.
2. The county board of elections, whenever it is not satisfied from an
examination of an application for an absentee ballot that the applicant
is entitled to such a ballot, may order an investigation through any
officer or employee of the state or county board of elections, police
officer, sheriff or deputy sheriff, or a special investigator appointed
by the state board of elections pursuant to the provisions of this
chapter and, if it deems necessary, may exercise the powers to issue
subpoenas and administer oaths which are conferred upon it by this
chapter.
3. An affidavit or a signed statement executed by any person
authorized to conduct an investigation pursuant to this section which
indicates that the applicant for an absentee ballot meets or fails to
meet any of the requirements entitling the applicant to same shall be
sufficient authority for a determination by the board as to the
applicant's right to an absentee voter's ballot, but shall not preclude
the board from making such other determination as it shall deem proper.
Such affidavit or statement shall contain sufficient information to
permit verification of the information contained in the statement and
identification of the source.
4. Any investigation shall be concluded and determination made as to
all applicants not later than the day before the election for which a
ballot is first requested, or if such ballot is to be sent by mail, such
determination shall be made at a time which will afford sufficient time
for the transmission of the ballot to the voter, one secular day for the
voter to mark such ballot and execute the statement of absentee voter,
and time for the return of such ballot to the board of elections by the
deadline for its receipt. If the board can not complete its
investigation within the time provided for herein, it shall, if it finds
the voter to be duly registered, deliver to such applicant an absentee
ballot.
5. If the board shall determine that the applicant is not entitled to
an absentee ballot it shall immediately notify the applicant, giving him
the reason for such rejection.
6. In the case of a primary election, the board shall deliver only the
ballot of the party in which the records of the board of elections show
the applicant to be enrolled. In the event a primary election is
uncontested in the applicant's election district for all offices or
positions except the party position of member of the ward, town, city or
county committee, no ballot shall be delivered to such applicant for
such election; and the applicant shall be advised why he is not being
sent a ballot.
7. The board shall keep a record of applications for absentee ballots
as they are received, showing the names and residences of the
applicants, and their party enrollment in the case of primary elections,
and, as soon as practicable shall, when requested, give to the chairman
of each political party or independent body in the county, and shall
make available for inspection to any other qualified voter upon request,
a complete list of all applicants to whom absentee voters' ballots have
been delivered or mailed, containing their names and places of residence
as they appear on the registration record, including the election
district and ward, if any, and in the city of New York and the county of
Nassau, the assembly district, and their party enrollment in the case of
primary elections.
Absentee voting; hospitalized veterans, special provisions.
1. After entering upon the registration records, the application for
registration of a resident or patient of a veterans health
administration hospital as to whom the medical superintendent or medical
head of such hospital has attested that he or she expects that he or she
will not be discharged prior to the day following the next general or
special village, primary, special, general or New York city community
school board district or city of Buffalo school district election, and
the application for registration by the spouse, parent or child of such
resident or patient, accompanying or being with him or her, if a
qualified voter and a resident of the same election district, the board
of elections, without further investigation and without further
application by the applicant, shall send to him or her at such hospital
an absentee ballot and shall record in the signature column on the back
of his or her permanent personal registration poll record that such
ballot has been sent.
(a) Any voter who is duly registered and whose registration records
are marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative"
need not thereafter make application for an absentee ballot. Sixty days
before each election, the board of elections shall compile and send a
list to each veterans health administration hospital of all residents
and patients of veterans health administration hospitals who appear by
the records of such board to be "hospitalized veterans" entitled to
receive absentee ballots at each such hospital pursuant to the
provisions of this section. Each veterans health administration hospital
shall no later than fifteen days following the receipt of such list,
return it with notations made thereon showing whether the resident or
patient continues to be confined therein or has been discharged
therefrom. Upon the receipt of such returned list from each veterans
health administration hospital with the proper notations showing that a
"hospitalized veteran" continues to be confined in such hospital, the
board of elections, by mail addressed to such "hospitalized veteran" at
his or her last known hospital address and by mail addressed to such
"hospitalized veteran's relative" at his or her last known address shall
send an absentee ballot for the ensuing election to such "hospitalized
veteran" and such "hospitalized veteran's relative" an absentee ballot
in the same manner as provided in this section for a qualified voter
entitled to an absentee ballot because of permanent disability. The
board shall record on the back of his or her registration poll record in
the space reserved for his or her signature at such election, the fact
that such ballot has been sent.
(b) If the returned list from a veterans' administration hospital
contains a notation showing that a "hospitalized veteran" is no longer a
resident or patient at the veterans health administration hospital where
he or she is recorded as staying, or if such letter containing an
absentee voter's ballot for a "hospitalized veteran" or a "hospitalized
veteran's relative" is returned by the post office as undeliverable, the
board of elections shall ascertain whether the "hospitalized veteran" or
"hospitalized veteran's relative" is residing at the address given on
his or her registration records as his or her permanent address. If he
or she is residing there, the board shall not send him or her any
further absentee ballots unless he or she applies therefor in the
regular way. If he or she is not residing at the place of residence
given on his or her registration records but the board ascertains that
he or she has been transferred to another veterans health administration
hospital, the board shall cause a central board of registration to make
the necessary changes of temporary address on his or her registration
records and shall continue sending him or her absentee ballots at the
veterans health administration hospital where he or she is staying. If
he or she is not residing at the place of residence given on his or her
registration records and the board cannot ascertain that he or she has
been transferred to another veterans health administration hospital, the
board shall cancel his or her registration. Whenever a registration is
cancelled pursuant to this paragraph notice shall be mailed to the
veteran or his or her relative at his or her permanent residence address
and last temporary address.
2. The board of elections shall furnish to each party county chairman
in such county a list of the names and residence addresses of the
hospitalized veterans and hospitalized veterans' relatives to whom
absentee ballots have been sent.
3. Such ballots shall be mailed, voted, returned, counted, and
canvassed as provided in this chapter for other absentee voters'
ballots.
Absentee ballots, delivery of. 1. If the board shall find
that the applicant is a qualified voter of the election district
containing his residence as stated in his statement and that his
statement is sufficient, it shall, as soon as practicable after it shall
have determined his right thereto, mail to him at an address designated
by him, or deliver to him, or to any person designated for such purpose
in writing by him, at the office of the board, such an absentee voter's
ballot or set of ballots and an envelope therefor. If the ballot or
ballots are to be sent outside of the United States to a country other
than Canada or Mexico, such ballot or ballots shall be sent by air mail.
However, if an applicant who is eligible for an absentee ballot is a
resident of a facility operated or licensed by, or under the
jurisdiction of, the department of mental hygiene, or a resident of a
facility defined as a nursing home or residential health care facility
pursuant to subdivisions two and three of section two thousand eight
hundred one of the public health law, or a resident of a hospital or
other facility operated by the Veteran's Administration of the United
States, such absentee ballot need not be so mailed or delivered to any
such applicant but, may be delivered to the voter in the manner
prescribed by section 8-407 of this chapter if such facility is located
in the county or city in which such voter is eligible to vote.
2. When mailing an absentee ballot to a voter the board of elections
shall provide a domestic postage paid return envelope. When providing an
absentee ballot to a voter in-person, the board of elections shall offer
the voter a domestic postage paid return envelope and provide one if
requested.
Voting by residents of nursing homes, residential health care
facilities, facilities operated or licensed, or under the jurisdiction
of, the department of mental hygiene or hospitals or facilities operated
by the Veteran's Administration of the United States. 1. The board of
elections of a county or city in which there is located at least one
facility operated or licensed, or under the jurisdiction of, the
department of mental hygiene, or a facility defined as a nursing home or
residential health care facility pursuant to subdivisions two and three
of section two thousand eight hundred one of the public health law or an
adult care facility subject to the provisions of title two of article
seven of the social services law, or a hospital or other facility
operated by the Veteran's Administration of the United States shall
provide that residents of each such facility for which such board has
received twenty-five or more applications for absentee ballots from
voters who are eligible to vote by absentee ballot in such city or
county at such election, may vote by absentee ballot only in the manner
provided for in this section. Such board may, in its discretion, provide
that the procedure described in this subdivision shall be applicable to
all such facilities in such county or city without regard to the number
of absentee ballot applications received from the residents of any such
facility.
2. Such a board of elections shall appoint, in the same manner as
other inspectors, one or more bi-partisan boards of inspectors, each
composed of two such inspectors. Such inspectors may be regular
employees of such board of elections.
3. Not earlier than thirteen days before or later than the day before
such an election such a board of inspectors shall, between the hours of
nine o'clock in the morning and five o'clock in the evening, attend at
each such facility for the residents of which the board of elections has
custody of twenty-five or more absentee ballots or, if the board of
elections has so provided, each such facility for which the board has
custody of one or more such absentee ballots, pursuant to the provisions
of this chapter.
4. Each such board of inspectors may attend at more than one facility,
provided, however, that no such board of inspectors shall be assigned to
attend at more facilities than it reasonably can be expected to complete
within the time specified by this section.
5. The board of elections shall deliver to each board of inspectors
all the absentee ballots in the custody of such board of elections which
are addressed to residents of the facilities which such board of
inspectors is assigned to attend, together with one or more portable
voting booths of a type approved by the state board of elections and
such other supplies as such board of inspectors will require to
discharge its duties properly.
6. The board of elections, at least twenty days before each such
election, or on the day after it shall have received the requisite
number of applications for absentee ballots from the residents of any
such facility, whichever is later, shall communicate with the
superintendent, administrator or director of each such facility to
arrange the day and time when the board of inspectors will attend at
such facility. The board of elections shall keep a list of the day and
time at which the board of inspectors will attend at each such facility
as a public record at its office.
7. It shall be the duty of each such superintendent, administrator or
director to assist the board of inspectors attending such facility in
the discharge of its duties, including, but not limited to making
available to such board of inspectors space within such facility
suitable for the discharge of its duties.
8. The board of inspectors shall deliver each absentee ballot
addressed to a resident of each such facility to such resident. If such
resident is physically disabled the inspectors shall, if necessary,
deliver the ballot to such voter at his bedside.
9. The board of inspectors shall arrange the portable voting booth or
booths provided and effect such safeguards as may be necessary to
provide secrecy for the votes cast by such residents.
10. If such a resident is unable to mark his ballot, he may be
assisted in marking such ballot by the two members of the board of
inspectors or such other person as he may select. If a voter is unable
to mark the ballot and unable to communicate how he wishes such ballot
marked, such ballot shall not be cast. No person who assists a voter to
mark his ballot pursuant to the provisions of this section, shall
disclose to any other person how any such ballot was marked.
11. Except as otherwise provided in this section, all ballots cast
pursuant to this section shall be cast in the manner provided by this
chapter for the casting of absentee ballots.
12. After such ballots have been cast and sealed in the appropriate
envelopes, they shall be returned to such inspectors.
13. Upon completion of its duties, the board of inspectors shall
forthwith return all such ballots to the board of elections.
14. Any person, political committee or independent body entitled to
appoint watchers for the election district in which any such facility is
located at the election for which such absentee ballots are cast, shall
be entitled to appoint a watcher to attend such board of inspectors at
such facility.
15. All ballots cast pursuant to the provisions of this section which
are received before the close of the polls on election day by the board
of elections charged with the duty of casting and canvassing such
ballots, may be delivered to the inspectors of election in the manner
prescribed by this chapter or retained at the board of elections and
cast and canvassed pursuant to the provisions of section 9-209 of this
chapter as such board shall, in its discretion, determine pursuant to
the provisions of subdivision one of this section.
Electronic absentee ballot application transmittal system. 1.
Establishment. In addition to any other means of applying for an
absentee ballot, the state board of elections shall establish and
maintain an electronic absentee ballot application transmittal system
through which voters may apply for an absentee ballot online. The state
board of elections shall electronically transmit such applications to
the applicable board of elections of each county or the city of New York
for processing consistent with this chapter. In accordance with
technical specifications provided by the state board of elections, each
board of elections shall maintain an absentee ballot application system
capable of receiving and processing electronic absentee ballot
applications, including, but not limited to, electronic signatures, from
the electronic absentee ballot application transmittal system
established by the state board of elections pursuant to this section.
Such transmittal system shall be fully integrated with each county board
of elections and the city of New York board of elections so that a voter
may apply online directly either through the website of his or her board
of elections or the state board of elections. Notwithstanding any other
inconsistent provision of this chapter, applications filed using such
system shall be considered filed with the applicable board of elections
on the calendar date the application is initially transmitted by the
voter through the electronic absentee ballot application transmittal
system.
2. Online absentee ballot application. (a) A voter shall be able to
apply for an absentee ballot using a personal online voter registration
application submitted through the electronic absentee ballot application
transmittal system when the voter:
(i) completes an electronic absentee ballot application promulgated by
the state board of elections which shall include all of the information
required by section 8-400 of this title; and
(ii) affirms, subject to penalty of perjury, by means of electronic or
manual signature, that the information contained in the absentee ballot
application is true; and
(iii) consents to the use of an electronic copy of the individual's
manual signature that is in the custody of the department of motor
vehicles, the state board of elections, or other agency designated by
section 5-211 or 5-212 of this chapter, as the individual's absentee
ballot exemplar signature, or provides such a signature by direct upload
in a manner that complies with the New York state electronic signature
and records act and the rules and regulations promulgated by the state
board of elections.
(b) The board of elections shall provide the personal online absentee
ballot application in any language required by the federal Voting Rights
Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
(c) The online absentee ballot application process shall provide
reasonable accommodations to improve accessibility for persons with
disabilities and shall be compatible for use with standard online
accessibility assistance tools for persons with visual, physical or
perceptive disabilities.
(d) The state board of elections shall promulgate rules and
regulations for the creation and administration of an online absentee
ballot registration system pursuant to this section.
3. Failure to provide exemplar signature not to prevent application.
(a) If an absentee ballot exemplar signature is not provided by an
applicant who submits an absentee ballot application pursuant to this
section, the local board shall seek to obtain such exemplar signature
from the statewide voter registration database, the state board of
elections, or a state or local agency designated by section 5-211 or
5-212 of this chapter.
(b) If such exemplar signature is not available from the statewide
voter registration database, the state board of elections, or a state or
local agency designated by section 5-211 or 5-212 of this chapter, the
local board of elections shall, absent another reason to reject the
application, require the voter to provide an exemplar signature by any
one of the following methods: in person, by electronic mail, or by
electronic upload to the board of elections through the electronic
absentee ballot application transmittal system.
(c) If such voter does not provide the required exemplar signature,
the board of elections shall proceed to issue an absentee ballot to the
voter along with an absentee ballot application form requiring such
voter to submit a signature upon such application form and return it to
the board of elections with the voter's ballot.
Absentee voting; method of. The absentee voter shall mark an
absentee ballot as provided for paper ballots or ballots prepared for
counting by ballot counting machines. Such absentee voter shall make no
mark or writing whatsoever upon the ballot, except as above prescribed,
and shall see that it bears no such mark or writing. Such absentee voter
shall make no mark or writing whatsoever on the outside of the ballot.
In cases where the express intent of the voter is unambiguous, any stray
marks or writing shall not be a basis for voiding a ballot. After
marking the ballot or ballots such absentee voter shall fold each such
ballot and enclose them in the envelope and seal the envelope. Such
absentee voter shall then take and subscribe the oath on the envelope,
with blanks properly filled in. The envelope, containing the ballot or
ballots, shall then be mailed or delivered to the board of elections of
the county or city of such absentee voter's residence or deposited in a
ballot drop box established by the board of elections of the county or
city of the voter's residence.
Absentee ballots; deadline for receipt, and delivery to
polling place. 1. The board of elections shall cause all absentee
ballots received by it before the close of the polls on election day and
all ballots contained in envelopes showing a cancellation mark of the
United States postal service or a foreign country's postal service, or
showing a dated endorsement of receipt by another agency of the United
States government, with a date which is ascertained to be not later than
the day of the election and received by such board of elections not
later than seven days following the day of election to be cast and
counted except that the absentee ballot of a voter who requested such
ballot by letter, rather than application, shall not be counted unless a
valid application form, signed by such voter, is received by the board
of elections with such ballot. For purposes of this section, any
absentee ballot received by the board of elections by mail that does not
bear or display a dated postmark shall be presumed to have been timely
mailed or delivered if such ballot bears a time stamp of the receiving
board of elections indicating receipt by such board on the day after the
election. For the purposes of this section, an absentee ballot shall be
deemed to be received by the board of elections before the close of the
polls on election day if it is deposited in a ballot drop box before the
close of polls on election day. Ballots received in accordance with this
section shall be deemed timely and the failure of a board of elections
to time stamp such ballots received in this manner on or before election
day shall not prohibit the canvassing of such ballots. At the close of
the polls on election day, the board of elections shall close every
ballot drop box and collect ballots deposited in such ballot drop box.
2. Absentee ballots received by the board of elections shall be
retained at the board of elections and cast and canvassed pursuant to
the provisions of section 9-209 of this chapter.
Online absentee ballot tracking system. 1. The state board of
elections shall establish and maintain an electronic absentee ballot
tracking system. In accordance with technical specifications provided by
the state board of elections, each local board of elections shall
maintain an absentee ballot tracking system integrated with the state
board's system, and which may be integrated with the United States
postal service tracking system, to allow a voter who has submitted an
application for an absentee ballot to track the status of an absentee
application and an absentee ballot on the state board or local board
website.
2. Such website shall not require users to create an account but shall
require verification that the user is accessing his or her own record
through the inclusion of data identifying the voter and the board of
elections at which the voter is registered, and any other information
required by the state board of elections.
3. The ballot tracking system shall indicate to the voter if the
board:
(a) received such voter's application for an absentee ballot;
(b) approved or rejected such application and, if rejected, an
indication of the reason for such rejection;
(c) mailed or delivered an absentee ballot to such voter, the date of
such mailing or delivery, and the expected date of receipt;
(d) received the ballot back as undeliverable;
(e) received such voter's completed absentee ballot;
(f) determined the ballot envelope was subject to a cure; and
(g) counted or rejected such voter's completed absentee ballot and, if
rejected, a brief statement of the reason for rejection.
Ballot drop boxes. 1. For the purposes of this title, the
following terms shall have the following meanings:
(a) "ballot drop box" shall mean a secure receptacle established by a
board of elections whereby an absentee ballot or early mail ballot
marked by a voter pursuant to section 8-410 or 8-708 of this article may
be returned to the board of elections of the county or city of the
voter's residence; and
(b) "ballot drop-off location" shall mean a location consisting of a
secured ballot drop box at which a ballot marked by a voter pursuant to
section 8-410 or 8-708 of this article may be returned to the board of
elections of the county or city of the voter's residence.
2. Each board of elections is hereby authorized to establish one or
more ballot drop-off locations as an additional means for the delivery
of absentee or early voting ballots marked by a voter to the board of
elections of the county or city of the voter's residence. Each such
board of elections shall provide notice of the location of every such
ballot drop-off location by posting such information on its website no
later than the day the ballot drop-off location is established.
3. The state board of elections is hereby authorized and directed to
promulgate rules and regulations necessary for the implementation of the
provisions of this section, including, but not limited to the location,
chain of custody, pick-up times, proper labeling, and security of ballot
drop boxes established by boards of elections pursuant to this section.
TITLE 5 Challenging Voters
Watchers; provision for. 1. At any general, special, town or
village election, any party committee, any independent body whose
candidates are upon the ballot, and any political committee supporting
or opposing a ballot proposal may have for each election district three
watchers at any one time, not more than one of whom may be within the
guard rail at any one time. Watchers shall be appointed by the chair or
other officer of any such party committee, independent body or political
committee.
2. At any primary election, any party committee and any candidate on
the ballot may have for each election district three watchers at any one
time, not more than one of whom may be within the guard rail at any one
time. Watchers shall be appointed by the chair or other officer of any
such party committee or by any candidate.
3. Watchers may be present at the polling place at least fifteen
minutes before the unlocking and examination of any voting machine or
ballot box at the opening of the polls, until after the signing of the
inspectors' returns and proclamation of the result.
4. The appointment of watchers for any election shall be by a
certificate in writing issued by the appointing authority. Such
certificate shall be delivered to an inspector at the election district.
5. Each watcher must be a qualified voter of the city or county in
which he or she is to serve; provided, however, a qualified voter who is
a New York state resident and is licensed to practice law therein may
serve as a watcher at any polling place. No person shall be appointed or
act as a watcher who is a candidate for any public office to be voted
for by the voters of the election district in the same election in which
the watcher is to serve. Nothing in this subdivision shall be construed
as prohibiting any such candidate from visiting a polling place in such
district on an election day while the polls are open.
Challenges; generally. Before his vote is cast at an election
any person may be challenged as to his right to vote, or his right to
vote by early mail, absentee, military, special federal or special
presidential ballot. Such challenge may be made by an inspector or
clerk, by any duly appointed watcher, or by any registered voter
properly in the polling place. An inspector shall challenge every person
offering to vote, whom he shall know or suspect is not entitled to vote
in the district, and every person whose name appears on the list of
persons to be challenged on election day which is furnished by the board
of elections.
Challenges; of voter at the polling place. 1. When an
applicant is challenged, an inspector shall administer to him the
following oath, which shall be known as "The preliminary oath": "You do
solemnly swear (or affirm) that you will make true answers to such
questions as may be put to you concerning your qualifications as a
voter". If the applicant shall refuse to take such oath he shall not be
permitted to vote.
2. If the applicant shall take the preliminary oath, the inspector
shall ask the applicant such questions as may pertain to the reason his
right to vote at such election in such district was challenged. If any
applicant shall refuse to answer fully any questions which may be put to
him, he shall not be permitted to vote.
3. After receiving the answers as above specified, of any applicant,
the board shall, if it believes the applicant to be qualified or the
challenge is withdrawn, permit him to vote. Otherwise, the board shall
point out to him the qualifications, if any, in respect of which he
shall appear deficient. If, after such deficiencies have been so
indicated, the applicant shall persist in his claim to vote, an
inspector shall administer to him the following oath, which shall be
known as "The Qualification Oath": "You do swear (or affirm) that you
are eighteen years of age, that you are a citizen of the United States
and that you have been a resident of this state, and of this county (of
the city of New York) (village) for thirty days next preceding this
election, that you still reside at the same address from which you have
been duly registered in this election district, that you have not voted
at this election, and that you do not know of any reason why you are not
qualified to vote at this election. You do further declare that you are
aware that it is a crime to make any false statement. That all the
statements you have made to the board have been true and that you
understand that a false statement is perjury and you will be guilty of a
misdemeanor."
4. If the applicant shall be challenged for the causes stated in
section three of article two of the constitution of this state, which
would exclude him from the right to vote, such inspector shall
administer to him the following additional oath, which shall be known as
"The Bribery Oath": "You do swear (or affirm) that you have not received
or offered, do not expect to receive, have not paid, offered or promised
to pay or contributed, offered or promised to contribute to another, to
be paid or used; any money or any other valuable thing as a compensation
or reward for the giving or withholding of a vote at this election, and
have not made any promise to influence the giving or withholding of any
such vote, and that you have not made, or become directly or indirectly
interested in any bet or wager depending upon the result of this
election."
5. If the applicant shall be challenged on the ground of having been
adjudged incompetent, such inspector shall administer to him the
following additional oath, which shall be known as "The Incompetency
Oath": "You do swear (or affirm) that you have not been adjudged
incompetent by order of competent judicial authority, or if so adjudged,
that you have since been adjudged competent which fully warrants your
right to vote."
6. If any person shall refuse to take any oath so tendered he shall
not be permitted to vote, but if he shall take the oath or oaths
tendered to him he shall be permitted to vote.
7. The inspectors shall enter the challenge date in the space reserved
therefor on the back of the voter's registration poll record and shall
make a record of each challenge on the challenge report as required
herein. Where registration poll records are not being used, the
inspectors shall in the remarks column for the election opposite the
name of the voter enter a note of the challenge and shall make a record
of each challenge on the challenge report.
Challenges; early mail, absentee, military, special federal
and special presidential ballots. 1. During the examination of early
mail, absentee, military, special federal and special presidential
voters' ballot envelopes, any inspector shall, and any watcher or
registered voter properly in the polling place may, challenge the
casting of any ballot upon the ground or grounds allowed for challenges
generally, or (a) that the voter was not entitled to cast an early mail,
absentee, military, special federal or special presidential ballot, or
(b) that notwithstanding the permissive use of titles, initials or
customary abbreviations of given names, the signature on the ballot
envelope does not correspond to the signature on the registration poll
record, or (c) that the voter died before the day of the election. A
challenge to an early mail ballot may not be made on the basis that the
voter should have applied for an absentee ballot. A challenge to an
absentee ballot may not be made on the basis that the voter should have
applied for an early mail ballot.
2. The board of inspectors forthwith shall proceed to determine each
challenge. Unless the board by majority vote shall sustain the
challenge, an inspector shall endorse upon the envelope the nature of
the challenge and the words "not sustained", shall sign such
endorsement, and shall proceed to cast the ballot as provided herein.
Should the board, by majority vote, sustain such challenge, the reason
and the word "sustained" shall be similarly endorsed upon the envelope
and an inspector shall sign such endorsement. The envelope shall not be
opened and such envelope shall be returned unopened to the board of
elections. If a challenge is sustained after the ballot has been removed
from the envelope, but before it has been deposited in the ballot box,
such ballot shall be rejected without being unfolded or inspected and
shall be returned to the envelope. The board shall immediately enter the
reason for sustaining the challenge on such envelope and an inspector
shall sign such endorsement.
3. If the board of inspectors determines by majority vote that it
lacks sufficient knowledge and information to determine the validity of
a challenge, the inspectors shall endorse upon the ballot envelope the
words "unable to determine", enter the reason for the challenge in the
appropriate section of the challenge report and return the envelope
unopened to the board of elections. Such ballots shall be cast and
canvassed pursuant to the provisions of section 9-209 of this chapter.
Challenge report; preparation of. 1. The board of elections
shall furnish to the board of inspectors of election in each election
district on each election day a challenge report. Such report shall be
divided into four sections and shall contain the following information
and space to insert the information herein required.
2. (a) The first section of such report shall be reserved for the
inspectors of election to enter the name, address and registration
serial number of each person who claims a change in name, or a change of
address within the election district, together with the new name or
address of each such person. In lieu of preparing section one of the
challenge list, the board of elections may provide, next to the name of
each voter in the computer generated registration list, a place for the
inspectors of election to record the information required to be entered
in such section one, or provide elsewhere in such registration list, a
place for the inspectors of election to enter such information.
(b) The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who is challenged at the time of voting together with the
reason for the challenge. If no voters are challenged, the board of
inspectors shall enter the words "No Challenges" across the space
reserved for such names. In lieu of preparing section two of the
challenge report, the board of elections may provide, next to the name
of each voter in the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section two, or provide elsewhere in such registration
list, a place for the inspectors of election to enter such information.
(c) The third section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each voter given assistance, together with the reason the voter was
allowed assistance, the name of the person giving such assistance and
his address if not an inspector. If no voters are given assistance, the
board of inspectors shall enter the words "No Assistance" across the
space reserved for such names. In lieu of providing section three of the
challenge report, the board of elections may provide, next to the name
of each voter in the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section three, or provide elsewhere in such registration
list, a place for the inspectors of election to enter such information.
(d) The fourth section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who was permitted to vote pursuant to a court order, or
to vote on a paper ballot which was inserted in an affidavit envelope.
If there are no such names, such board shall enter the word "None"
across the space provided for such names. In lieu of providing section
four of such report, the board of elections may provide, next to the
name of each voter in the computer generated registration list, a place
for the inspectors of election to record the information required to be
entered in such section four, or provide elsewhere in such registration
list, a place for the inspectors of election to enter such information.
(e) At the foot of such report or at the end of any such computer
generated registration list, if applicable, shall be a certificate that
such report or list contains the names of all persons who were
challenged on the day of election, and that each voter so reported as
having been challenged took the oaths as required, that such report or
list contains the names of all voters to whom such board gave or allowed
assistance and lists the nature of the disability which required such
assistance to be given and the names and family relationship, if any, to
the voter of the persons by whom such assistance was rendered; that each
such assisted voter informed such board under oath that he required such
assistance and that each person rendering such assistance took the
required oath; that such report or list contains the names of all voters
who were permitted to vote although their registration poll records were
missing; that the entries made by such board are a true and accurate
record of its proceedings with respect to the persons named in such
report or list.
(f) Upon the return of such report or lists to the board of elections,
it shall complete the investigation of voting qualifications of all
persons named in the second section thereof or for whom entries were
placed in such computer generated registration lists in lieu of the
preparation of the second section of the challenge report, and shall
forthwith proceed to cancel the registration of any person who, as noted
upon such report, or in such list, was challenged at such election and
refused either to take a challenge oath or to answer any challenge
question.
(g) The state board of elections shall prescribe a form of challenge
report for use pursuant to the provisions of this section. Such form may
require the insertion of such other information as the state board shall
deem appropriate.
Challenge report; completion of and procedure after. 1.
Immediately after the close of the polls the board of inspectors of
election shall verify the entries which it has made on the challenge
report or in the spaces provided in the computer generated registration
list by comparing such entries with the information appearing on the
registration poll records of the affected voters or the information
appearing in the spaces provided in the computer generated registration
list. If it has made no entries in section two, three or four of such
report it shall write across or note in such section the words "No
challenges", "No assistance" or "None", as the case may be, as directed
in this chapter.
2. After completing such report the inspectors shall sign a
certificate in the spaces provided by the county board of elections for
such report.
3. The inspectors shall place such completed report, and each court
order, if any, directing that a person be permitted to vote, in the
secure container provided by the county board of elections for such
ledger of registration records or computer generated registration lists
and then shall close and seal each ledger of registration records or
computer generated registration lists, lock such ledger in the carrying
case furnished for that purpose and enclose the keys in a sealed package
or seal such list in the envelope provided for that purpose.
TITLE 6 Early Voting
Early voting. 1. Beginning the tenth day prior to any
general, primary, run-off primary pursuant to subdivision one of section
6-162 of this chapter or special election for any public or party
position except for such an election held pursuant to title two of
article six or article fifteen of this chapter, and ending on and
including the second day prior to such general, primary, run-off primary
or special election for such public office or party position, persons
duly registered and eligible to vote at such election shall be permitted
to vote as provided in this title. The board of elections shall
establish procedures, subject to approval of the state board of
elections, to ensure that persons who vote during the early voting
period shall not be permitted to vote subsequently in the same election.
2. (a) The board of elections shall designate polling places for early
voting, which may include the offices of the board of elections, for
persons to vote early pursuant to this title.
(b) The largest city in the county or, if there is no city in the
county, the municipality with the highest population in each county
based on the latest federal decennial census, or the county seat in
Washington county, shall have at least one polling place designated for
early voting, and to the extent practicable if such city or municipality
has public transportation routes, such polling place shall be situated
along such transportation routes.
(c) In counties with at least five hundred thousand registered voters,
there shall be so designated at least one early voting polling place for
every full increment of forty thousand registered voters.
(d) In all other counties with less than five hundred thousand
registered voters, there shall be so designated at least one early
voting polling place for every full increment of thirty thousand
registered voters; provided, however, the number of early voting polling
places in counties with less than five hundred thousand registered
voters shall not be required to be greater than ten nor less than one.
(e) For any special, primary or run-off primary election at which no
voters of the municipality with the highest population within the county
are eligible to vote, the board of elections may, in lieu of having an
early voting polling place in such municipality, designate a polling
place for early voting in the municipality with the highest population
within the county within which the voters are eligible to vote at such
special, primary, or run-off primary election.
(f) The board of elections of each county or the city of New York may
establish additional polling places for early voting in excess of the
minimum number required by this subdivision for the convenience of
eligible voters.
(g) Notwithstanding the minimum number of early voting poll sites
otherwise required by this subdivision, for any primary or special
election, upon majority vote of the board of elections, the number of
early voting sites may be reduced when the board of elections determines
a lesser number of sites is sufficient to meet the needs of early
voters.
(h) Polling places for early voting shall be located so that voters in
the county have adequate and equitable access, taking into consideration
population density, travel time to the polling place, proximity to other
early voting poll sites, public transportation routes, commuter traffic
patterns and such other factors the board of elections deems
appropriate. The provisions of section 4-104 of this chapter, except
subdivisions four and five of such section, shall apply to the
designation of polling places for early voting except to the extent such
provisions are inconsistent with this section.
3. Any voter may vote at any polling place for early voting
established pursuant to subdivision two of this section in the county
where such voter is registered to vote; provided, however, if it is
impractical to provide each polling place for early voting all of the
election district ballots or if early voting at any such polling place
makes ensuring that no voter has not previously voted early during such
election, the board of elections may assign election districts to a
particular early voting poll site. All voters in each county shall have
one or more polling places at which they are eligible to vote throughout
the early voting period on a substantially equal basis. If the board of
elections does not agree by majority vote to plan to assign election
districts to early voting poll sites, all voters in the county must be
able to vote at any poll site for early voting in the county.
4. (a) Polls shall be open for early voting for at least eight hours
between seven o'clock in the morning and eight o'clock in the evening
each week day during the early voting period.
(b) At least one polling place for early voting shall remain open
until eight o'clock in the evening on at least two week days in each
calendar week during the early voting period. If polling places for
early voting are limited to voters from certain areas pursuant to
subdivision three of this section, polling places that remain open until
eight o'clock shall be designated such that any person entitled to vote
early may vote until eight o'clock in the evening on at least two week
days during the early voting period.
(c) Polls shall be open for early voting for at least eight hours
between nine o'clock in the morning and eight o'clock in the evening on
each Saturday, Sunday and legal holiday during the early voting period.
(d) Nothing in this section shall be construed to prohibit any board
of elections from establishing a greater number of hours for voting
during the early voting period beyond the number of hours required in
this subdivision.
(e) Early voting polling places and their hours of operation for early
voting at a general election shall be designated by May first of each
year pursuant to subdivision one of section 4-104 of this chapter.
Notwithstanding the provisions of subdivision one of section 4-104 of
this chapter early voting polling places and their hours of operation
for early voting for: (i) a primary or special election shall be made
not later than forty-five days before such primary or special election;
(ii) thirty days before a special election held pursuant to paragraph b
of subdivision three of section forty-two of the public officers law;
and (iii) a run-off primary pursuant to subdivision one of section 6-162
of this chapter shall be made as soon as practicable.
(f) If the location of an early voting polling place as designated
pursuant to paragraph (e) of this subdivision changes prior to such
early voting period, notice shall be provided to all affected eligible
voters no later than five days prior to such voting period in accordance
with the communication plan established pursuant to subdivision five of
this section or as soon as practicable if such location change occurs
within five days of the commencement of such early voting period;
provided, however, no such location change may occur within forty-eight
hours of such commencement unless there is any disaster within the
meaning of section 3-108 of this chapter or a declared state of
emergency by the governor or any court of competent jurisdiction in the
county where the polling place is located.
5. Each board of elections shall create a communication plan to inform
eligible voters of the opportunity to vote early. Such plan may utilize
any and all media outlets, including social media, and shall publicize:
the location and dates and hours of operation of all polling places for
early voting; an indication of whether each polling place is accessible
to voters with physical disabilities; a clear and unambiguous notice to
voters that if they cast a ballot during the early voting period they
will not be allowed to vote election day; and if polling places for
early voting are limited to voters from certain areas pursuant to
subdivision three of this section, the location of the polling places
for early voting serving the voters of each particular city, town or
other political subdivision.
6. The form of paper ballots used in early voting shall comply with
the provisions of article seven of this chapter that are applicable to
voting by paper ballot on election day and such ballot shall be cast in
the same manner as provided for in section 8-312 of this article,
provided, however, that ballots cast during the early voting period
shall be secured in the manner of voted ballots cast on election day and
such ballots shall not be canvassed or examined until after the close of
the polls on election day, and no unofficial tabulations of election
results shall be printed or viewed in any manner until after the close
of polls on election day.
7. Voters casting ballots pursuant to this title shall be subject to
challenge as provided in sections 8-500, 8-502 and 8-504 of this
article.
8. Notwithstanding any other provisions of this chapter, at the end of
each day of early voting, any early voting ballots that have not been
scanned because a ballot scanner was not available or because the ballot
has been abandoned by the voter at the ballot scanner shall be cast in a
manner consistent with section 9-110 of this chapter, except that such
ballots which cannot then be cast on a ballot scanner shall be held
inviolate and unexamined and shall be duly secured until after the close
of polls on election day when such ballots shall be examined and
canvassed in a manner consistent with subdivision two of section 9-110
of this chapter.
9. The board of elections shall secure all ballots and scanners used
for early voting from the beginning of the early voting period through
the close of the polls on election day; provided, however, the state
board of elections may by regulation duly adopted by a majority of such
board establish a procedure whereby ballot scanners used for early
voting may also be used on election day if the portable memory devices
used during early voting containing the early voting election
information and vote tabulations are properly secured apart from the
scanners, and the results therefrom shall be duly canvassed after the
close of polls on election day.
10. After the close of polls on election day, inspectors or board of
elections employees appointed to canvass ballots cast during early
voting shall follow all relevant provisions of article nine of this
chapter that are not inconsistent with this section, for canvassing,
processing, recording, and announcing results of voting at polling
places for early voting, and securing ballots, scanners, and other
election materials. Such canvass may occur at the offices of the board
of elections, at the early voting polling place or such other location
designated by the board of elections.
11. Notwithstanding the requirements of this title requiring the
canvass of ballots cast during early voting after the close of polls on
election day, such canvass may begin one hour before the scheduled close
of polls on election day provided the board of elections adopts
procedures to prevent the public release of election results prior to
the close of polls on election day and such procedures shall be
consistent with the regulations of the state board of elections and
shall be filed with the state board of elections at least thirty days
before they shall be effective.
State board of elections; powers and duties for early voting.
The state board of elections shall promulgate rules or regulations
necessary for the implementation of the provisions of this title. Such
rules and regulations shall include, but not be limited to, provisions
to (i) ensure that ballots cast early, by any method allowed under law,
are counted and canvassed as if cast on election day, (ii) ensure an
efficient and fair early voting process that respects the privacy of the
voter, and (iii) require that the voting history record for each voter
be continually updated to reflect each instance of early voting by such
voter.
Registration during early voting. 1. In addition to other
methods of voter registration provided under this chapter, a person who
is not registered to vote in the state but is otherwise qualified to
register to vote and to cast a ballot may register to vote and enroll in
a political party at an early voting polling location, provided such
registration is in accordance with the voter registration deadline set
forth in subdivision three of section 5-210 of this chapter.
2. A qualified person who is not registered to vote in the state who
appears at an early voting polling place shall be offered the
opportunity to register to vote and enroll in a political party and
shall be given an affidavit ballot, provided such registration is in
accordance with the voter registration deadline set forth in subdivision
three of section 5-210 of this chapter.
3. If such registration is deemed effective, the board of elections
shall add the person's voter registration information to the statewide
electronic voter file and include the corresponding affidavit ballot in
the official canvass, if otherwise valid.
4. The board of elections shall conduct the receipt and handling of
each voter registration and corresponding ballot in a manner that
protects the secrecy of the ballot and allows the elections official to
process the registration and include the corresponding ballot in the
official canvass, if otherwise valid.
5. The board of elections shall advise a person completing such voter
registration of the procedures for determining the validity of such
voter registration.
6. The state board of elections shall promulgate rules and regulations
to implement this section.
TITLE 7 Early Mail Voting
Early voting by mail; application for ballot. 1. A registered
voter may apply to the county board of elections in the county in which
they are registered, or to the board of elections of the city of New
York, if registered in the city of New York, to vote early by mail under
this title in any election conducted by the board of elections in which
the voter is eligible to vote.
2. A registered voter who desires to vote early by mail at an election
must make an application to vote early by mail on a form to be obtained
and filed as provided in this section, by letter as provided in
paragraph (d) of this subdivision, or through the electronic early mail
ballot application transmittal system pursuant to section 8-706 of this
title.
(a) Application forms to vote early by mail shall be furnished by and
may be obtained from any board of elections at any time until the day
before such election, or on the electronic early mail ballot application
transmittal system. Application forms shall also be supplied by the
board of inspectors of the election district in which the applicant is a
registered voter on all of the days provided for local registration. In
addition, application forms shall be supplied upon the request of the
person authorized to vote pursuant to this section, any such person's
spouse, parent or child, a person residing with the applicant as a
member of their household, or the applicant's duly authorized agent.
Application forms sent outside of the United States to a country other
than Canada or Mexico, shall be sent by airmail. Any reference to "board
of elections" in the remaining provisions of this section, except with
respect to the furnishing and obtaining of applications to vote early by
mail, means only the board of elections of the county or city in which
the applicant is a registered voter.
(b) Applications may be filed with the board of elections, through the
electronic early mail ballot application transmittal system or in person
with the board of inspectors of the election district in which the
applicant is a registered voter on one of the days provided for local
registration.
(c) All applications requesting to vote early by mail transmitted by
mail or through the electronic early mail ballot application transmittal
system must be received by the board of elections not later than the
tenth day before the election for which a ballot is first requested.
Applications to vote early by mail delivered in person at the board of
elections must be received by such board not later than the day before
such election.
(d) The board of elections shall mail an early mail ballot to every
registered voter otherwise eligible for such a ballot, who requests such
an early mail ballot from such board of elections in writing in a
letter, telefax indicating the address, phone number and the telefax
number from which the writing is sent or other written instrument, or
through an electronic application submitted by the voter through the
electronic early mail ballot application transmittal system established
by the state board of elections, which is signed by the voter and
received by the board of elections not later than the tenth day before
the election for which the ballot is first requested and which states
the address where the voter is registered and the address to which the
ballot is to be mailed.
(e) When mailing an early mail ballot application to a voter the board
of elections shall provide a domestic postage paid return envelope. When
providing an early mail ballot application to a voter in-person, the
board of elections shall offer the voter a domestic postage paid return
envelope and provide one if requested.
3. The application for an early mail ballot when filed must contain in
each instance the following information:
(a) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and their town
or city and an address to which the ballot shall be mailed.
(b) A statement that the applicant is a registered voter in the county
or city where they are applying to vote early by mail.
4. The application for an early mail ballot shall also provide the
applicant the opportunity to provide their telephone number and e-mail
address.
5. The application for an early mail ballot shall also provide the
applicant the opportunity to request to receive an early mail ballot for
all remaining elections in the calendar year in which the applicant is
eligible to vote. If an applicant indicates in the application for an
early mail ballot that they wish to receive an early mail ballot for all
remaining elections in the calendar year, upon filing of such
application, the board of elections shall indicate such request in the
voter's registration record. When early mail ballots are mailed for
subsequent elections in the calendar year in which the voter is eligible
to vote, the board of elections shall mail an early mail ballot to the
voter at their last known address by first class mail with a request to
the postal authorities not to forward such ballot but to return it in
five days in the event that it cannot be delivered to the addressee.
However, the board shall not be required to mail an early mail ballot
pursuant to this section if the voter's registration has been canceled
since the filing of such application.
6. The application for an early mail ballot shall contain the
following language printed in bold face directly above the signature
line: "I CERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND
CORRECT AND UNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR ALL
PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT AND, IF IT CONTAINS A
MATERIAL FALSE STATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I
HAD BEEN DULY SWORN." Such application shall be accepted for all
purposes as the equivalent of an affidavit and if it contains a material
false statement shall subject the person signing it to the same
penalties as if he or she had been duly sworn.
7. For purposes of this section, the use of titles, initials or
customary abbreviations of given names by the signers or witnesses of an
early mail ballot application or early mail ballot envelope, or the use
of customary abbreviations of addresses of such signers or witnesses,
shall not invalidate such voter's signature or witness's signature on an
application for early mail ballot or upon canvass or recanvass of the
ballot pursuant to this chapter.
8. (a) If a person entitled to an early mail ballot is unable to sign
their application because of illness, physical disability or inability
to read, they shall be excused from signing upon making a statement, in
substantially the following form, which shall be witnessed by one
person:
"I hereby state that I am unable to sign my application for an early
mail ballot without assistance because I am unable to write by reason of
illness or physical disability or because I am unable to read. I have
made, or have received assistance in making, my mark in lieu of my
signature."
.................
(Date)
.................
(Mark)
.................
(Name of Voter)
"I, the undersigned, hereby certify that the above named voter affixed
their mark to this application in my presence and I know them to be the
person who affixed their mark to said application and understand that
this statement will be accepted for all purposes as the equivalent of an
affidavit and if it contains a material false statement, shall subject
me to the same penalties as if I had been duly sworn."
......................
(Signature of Witness)
......................
(Address of Witness)
(b) Such statement shall be included in the application form furnished
by the board of elections.
9. Printed forms of applications for early mail ballots in accordance
with the requirements of this section shall be provided by the board of
elections. An appropriate number shall be retained by the board of
elections for the purpose of furnishing an application form to each
registered voter who applies therefor before the board of elections,
either in person or by mail, and an appropriate number shall be
delivered to each board of inspectors on registration days with the
election supplies, and the board of inspectors shall retain the
completed and unused applications and return them to the board of
elections with their election supplies and an appropriate number shall
be available for distribution to officers of political parties, county
clerks, city, town and village clerks, colleges, libraries, and any
other convenient distribution source which is approved by the local or
state board of elections and which requests such forms.
10. The state board of elections shall prescribe a standard
application form for use under this section. The use of any application
form which substantially complies with the provisions of this section
shall be acceptable and any application filed on such a form shall be
accepted for filing.
Early voting by mail; review of application by board of
elections. 1. Upon receipt of an application to vote early by mail the
board of elections shall determine whether the applicant is a registered
voter of the county or city at the address listed in the application and
is eligible to vote in the election or elections for which the
application is filed. An application to vote early by mail filed or
received simultaneously with or on the same day as a valid registration
application from the applicant shall be considered valid.
2. If the board of elections determines that the applicant is not a
registered voter of the county or city at the address listed in the
application pursuant to subdivision one of this section or the applicant
is not eligible to vote in all of the elections for which the
application is filed, the board of elections shall immediately notify
the applicant of the rejection of the application to vote early by mail
and provide the reason for such rejection.
3. In the case of a primary election, the board of elections shall
deliver only the ballot of the party in which the records of the board
of elections show the applicant to be enrolled. In the event a primary
election is uncontested in the applicant's election district for all
offices or positions except the party position of member of the ward,
town, city or county committee, no ballot shall be delivered to such
applicant for such election; and the applicant shall be advised why they
are not being sent a ballot.
4. The board shall keep a record of applications to vote early by mail
as they are received, showing the names and residences of the
applicants, and their party enrollment in the case of primary elections,
and, as soon as practicable shall, when requested, give to the chairman
of each political party or independent body in the county, and shall
make available for inspection to any other registered voter upon
request, a complete list of all applicants to whom early mail ballots
have been delivered or mailed, containing their names and places of
residence as they appear on the registration record, including the
election district and ward, if any, and in the city of New York and the
county of Nassau, the assembly district, and their party enrollment in
the case of primary elections.
Early mail ballots; delivery of. 1. If the board finds that
the applicant is a registered voter of the county or city at the address
listed in the application, the applicant is eligible to vote in the
election at issue, and the application is otherwise sufficient, it
shall, as soon as practicable, mail to the applicant at an address
designated by them, or deliver to them, or to any person designated for
such purpose in writing by them, at the office of the board, an early
mail ballot or set of ballots and an envelope therefor. If the ballot or
ballots are to be sent outside of the United States to a country other
than Canada or Mexico, such ballot or ballots shall be sent by air mail.
2. When mailing an early mail ballot to a voter the board of elections
shall provide a domestic postage paid return envelope. When providing an
early mail ballot to a voter in-person, the board of elections shall
offer the voter a domestic postage paid return envelope and provide one
if requested.
Electronic early mail ballot application transmittal system.
1. In addition to any other means of applying for an early mail ballot,
the state board of elections shall establish and maintain an electronic
early mail ballot application transmittal system through which voters
may apply for an early mail ballot online. The state board of elections
shall electronically transmit such applications to the applicable board
of elections of each county or the city of New York for processing
consistent with this chapter. In accordance with technical
specifications provided by the state board of elections, each board of
elections shall maintain an early mail ballot application system capable
of receiving and processing electronic early mail ballot applications,
including, but not limited to, electronic signatures, from the
electronic early mail ballot application transmittal system established
by the state board of elections pursuant to this section. Such
transmittal system shall be fully integrated with each county board of
elections and the city of New York board of elections so that a voter
may apply online directly either through the website of their board of
elections or the state board of elections. Notwithstanding any other
inconsistent provision of this chapter, applications filed using such
system shall be considered filed with the applicable board of elections
on the calendar date the application is initially transmitted by the
voter through the electronic early mail ballot application transmittal
system.
2. (a) A voter shall be able to apply for an early mail ballot using a
personal online application submitted through the electronic early mail
ballot application transmittal system when the voter:
(i) completes an electronic early mail ballot application promulgated
by the state board of elections which shall include all of the
information required by section 8-700 of this title; and
(ii) affirms, subject to penalty of perjury, by means of electronic or
manual signature, that the information contained in the early mail
ballot application is true; and
(iii) consents to the use of an electronic copy of the individual's
manual signature that is in the custody of the department of motor
vehicles, the state board of elections, or other agency designated by
section 5-211 or 5-212 of this chapter, as the individual's early mail
ballot exemplar signature, or provides such a signature by direct upload
in a manner that complies with the New York state electronic signature
and records act and the rules and regulations promulgated by the state
board of elections.
(b) The board of elections shall provide the personal online early
mail ballot application in any language required by the federal Voting
Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
(c) The online early mail ballot application process shall provide
reasonable accommodations to improve accessibility for persons with
disabilities and shall be compatible for use with standard online
accessibility assistance tools for persons with visual, physical or
perceptive disabilities.
(d) The state board of elections shall promulgate rules and
regulations for the creation and administration of an early mail ballot
application system pursuant to this section.
3. (a) If an early mail ballot exemplar signature is not provided by
an applicant who submits an early mail ballot application pursuant to
this section, the local board shall seek to obtain such exemplar
signature from the statewide voter registration database, the state
board of elections, or a state or local agency designated by section
5-211 or 5-212 of this chapter.
(b) If such exemplar signature is not available from the statewide
voter registration database, the state board of elections, or a state or
local agency designated by section 5-211 or 5-212 of this chapter, the
local board of elections shall, absent another reason to reject the
application, require the voter to provide an exemplar signature by any
one of the following methods: in person, by electronic mail, or by
electronic upload to the board of elections through the electronic early
mail ballot application transmittal system.
(c) If such voter does not provide the required exemplar signature,
the board of elections shall proceed to issue an early mail ballot to
the voter along with an early mail ballot application form requiring
such voter to submit a signature upon such application form and return
it to the board of elections with the voter's ballot.
4. The electronic early mail ballot application transmittal system
shall be combined on a single website with the electronic absentee
ballot application transmittal system created pursuant to section 8-408
of this article. A person using the website must first be provided with
an early mail ballot application before being offered the opportunity to
apply for an absentee ballot. If a person submits an early mail ballot
application, the person shall not be offered the opportunity to apply
for an absentee ballot.
Early voting by mail; method of. The early mail voter shall
mark an early mail ballot as provided for paper ballots or ballots
prepared for counting by ballot counting machines. They shall make no
mark or writing whatsoever upon the ballot, except as above prescribed,
and shall see that it bears no such mark or writing. They shall make no
mark or writing whatsoever on the outside of the ballot. In cases where
the express intent of the voter is unambiguous, any stray marks or
writing shall not be a basis for voiding a ballot. After marking the
ballot or ballots they shall fold each such ballot and enclose them in
the envelope and seal the envelope. They shall then take and subscribe
the oath on the envelope, with blanks properly filled in. The envelope,
containing the ballot or ballots, shall then be mailed or delivered to
the board of elections of the county or city of their residence or
deposited in a ballot drop box established by the board of elections of
the county or city of the voter's residence.
Early mail ballots; deadline for receipt, and delivery to
polling place. 1. The board of elections shall cause all early mail
ballots received by it before the close of the polls on election day and
all ballots contained in envelopes showing a cancellation mark of the
United States postal service or a foreign country's postal service, or
showing a dated endorsement of receipt by another agency of the United
States government, with a date which is ascertained to be not later than
the day of the election and received by such board of elections not
later than seven days following the day of election to be cast and
counted. For purposes of this section, any early mail ballot received by
the board of elections by mail that does not bear or display a dated
postmark shall be presumed to have been timely mailed or delivered if
such ballot bears a time stamp of the receiving board of elections
indicating receipt by such board on the day after the election. For the
purposes of this section, an early mail ballot shall be deemed to be
received by the board of elections before the close of the polls on
election day if it is deposited in a ballot drop box before the close of
polls on election day. Ballots received in accordance with this section
shall be deemed timely and the failure of a board of elections to time
stamp such ballots received in this manner on or before election day
shall not prohibit the canvassing of such ballots. At the close of the
polls on election day, the board of elections shall close every ballot
drop box and collect ballots deposited in such ballot drop box.
2. Early mail ballots received by the board of elections shall be
retained at the board of elections and cast and canvassed pursuant to
the provisions of section 9-209 of this chapter.
Online early mail ballot tracking system. 1. The state board
of elections shall establish and maintain an electronic early mail
ballot tracking system. In accordance with technical specifications
provided by the state board of elections, each local board of elections
shall maintain an early mail ballot tracking system integrated with the
state board's system, and which may be integrated with the United States
postal service tracking system, to allow a voter who has submitted an
application for an early mail ballot to track the status of an early
mail ballot application and an early mail ballot on the state board or
local board website.
2. Such website shall not require users to create an account but shall
require verification that the user is accessing their own record through
the inclusion of data identifying the voter and the board of elections
at which the voter is registered, and any other information required by
the state board of elections.
3. The ballot tracking system shall indicate to the voter if the
board:
(a) received such voter's application for an early mail ballot;
(b) approved or rejected such application and, if rejected, an
indication of the reason for such rejection;
(c) mailed or delivered an early mail ballot to such voter, the date
of such mailing or delivery, and the expected date of receipt;
(d) received the ballot back as undeliverable;
(e) received such voter's completed early mail ballot;
(f) determined the ballot envelope was subject to a cure; and
(g) counted or rejected such voter's completed early mail ballot and,
if rejected, a brief statement of the reason for rejection.
4. The electronic early mail ballot tracking system shall be combined
on a single website with the electronic absentee ballot tracking system
created pursuant to section 8-414 of this article.
ARTICLE 9 Canvass of Results
TITLE 1 Canvass At Polling Places
Canvass; required. At the close of the polls the inspectors
of election shall, in the order set forth herein, close polls, account
for the paper ballots, canvass the machine, cast and canvass all the
ballots, canvass and ascertain the total vote and they shall not adjourn
until the canvass be fully completed.
Canvass; general provisions for. 1. As soon as the polls of
the election are closed, the inspectors of election thereat shall, in
the order set forth herein: (a) place an inspector at the ballot scanner
to prevent further voting; (b) reconcile the paper ballots pursuant to
section 9-106 of this title; (c) remove surplus ballots, if any,
pursuant to section 9-108 of this title; (d) scan the ballots contained
in the emergency box or other secure storage container pursuant to
section 9-110 of this title; (e) hand count and secure ballots that
cannot be scanned pursuant to section 9-110 of this title; (f) initiate
the ballot scanner, close the poll mechanism, print the tabulated
results tape, and post the results tape or announce its contents or
both; (g) remove one of the portable memory devices from the ballot
scanner for the purpose of reporting the unofficial tally of election
results pursuant to section 9-126 of this title; (h) post or announce
the results of any hand counts and sign the return of canvass pursuant
to subdivisions 2 and 3 of this section; (i) close, lock and seal the
machine; and (j) sign the close of poll certificate, as provided by the
board of elections.
2. (a) The inspectors shall canvass the ballot scanner tabulated
results by printing the results tape in the presence of the watchers and
all other persons who may be lawfully within the polling place, giving
full view of the tabulated results tape numbers. An inspector shall,
under the scrutiny of an inspector of a different political party,
either post the results tape or read and announce in the order of the
offices as their titles are arranged on the tabulated results tape, in
distinct tones the public office or party position, candidate name,
political party and the results as shown on the tabulated results tape
and then shall announce the number of write-in votes recorded for each
office. The inspectors shall also in the same manner post or announce
the results for each ballot proposal.
(b) The results on the tabulated results tape shall be entered on or
the tabulated results tape (representing the aggregate results of votes
cast on the ballot scanner or the results by election district as
applicable) shall be affixed to the return of canvass for that ballot
scanner or election district pursuant to section 9-120 of this title by
an inspector under the scrutiny of an inspector of a different political
party, in the space indicated. If any election day paper ballots were
hand counted pursuant to this section and subdivision two of section
9-110 of this title, an inspector shall, under the scrutiny of an
inspector of a different political party, either post or read and
announce the results of such hand count. The tally sheet of any such
hand counting shall be signed by the inspectors conducting same and
affixed to or recorded on the return of canvass. The return of canvass
and tabulated results tape shall be signed by two inspectors of each
major political party.
(c) The results tape shall include a certificate which the inspectors
shall sign, stating the number of voters as shown on the public counter
and the number on the protective counter.
(d) If the machine is provided with a removable electronic or
computerized device which records the total of the votes cast on such
machine ( for purposes of this section a "portable memory device"), such
device shall be removed from the machine after copies of the results
tape, sufficient to meet the requirements of this chapter and the
regulations of the board of elections, have been produced. After the
portable memory device is removed from the machine, the inspectors shall
place such device in the secure envelope or other secure container
provided for its return to the board of elections. Such secure container
shall be signed by the inspectors upon the securing of the device
therein.
3. (a) During the canvass time any candidate or duly accredited
watcher who may desire to be present shall be admitted to the polling
place. During the proclamation of the result, ample opportunity shall
be given to any person lawfully present to compare the results so posted
or announced with the sum of the votes appearing on the tabulated
results tape and any hand counted election day ballots, if any, and any
necessary corrections shall then and there be made on the return of
canvass by the inspectors. Thereafter, the voting machine shall be
closed and locked. The first copy of the results tape for each voting
machine should be posted on the wall of the polling place forthwith;
provided, however, that if only one copy of such results tape can be
printed by any such machine at any election, such copy shall be used in
preparation of the returns of canvass required by this title.
(b) Election day paper ballots that have not been scanned shall be
canvassed and tallied pursuant to this section and sections 9-108 and
9-110 of this title.
(c) At a primary election, the ballots of the parties represented on
the board of inspectors shall be canvassed before the ballots of other
parties are canvassed.
4. All types of ballots, enclosed in properly sealed envelopes
respectively, and properly endorsed shall be filed with the original
return of canvass, as provided for in section 9-106 of this title.
5. The inspector or other courier assigned by the board filing the
returns shall deliver to the board or officer from whom received, the
keys of the voting machine, enclosed in a sealed envelope having
indorsed thereon a certificate of the inspectors stating the number of
the machine, the election district(s), ward(s) or assembly district(s)
where it has been used, the number on the seal and the number on the
protective counter. In the city of New York, police officers or peace
officers designated by the police commissioner of such city shall
provide such delivery of the devices.
6. The room in which such canvass is made shall be clearly lighted,
ingress and egress through the main entrance thereto shall be freely
permitted, and such canvass shall be made in plain view of those
entitled to be present. The ballots shall at all times be kept on top of
the table and in plain view of all persons entitled to examine them,
until they have been re-packaged and sealed for return to the board of
elections as elsewhere provided. If requested by any person entitled to
be present the inspectors shall, during the canvass of any ballots,
exhibit to him or her the ballot then being canvassed, fully opened and
in such a condition that he or she may fully and carefully read and
examine it, but no inspector shall allow any ballot to be taken from his
or her hand or to be touched by any person but an inspector.
Official ballots; accounting for number used. After the polls
of the election are closed and before any boxes or envelopes containing
voted ballots are opened, the clerks, or if there be no clerks, two
inspectors representing different parties designated by the chair, shall
account for all of the paper ballots furnished to the election district
or poll site. On a reconciliation form supplied by the board of
elections, they shall count, verify and record on such form the number
of unused ballots, the number of ballots spoiled before delivery to
voters in the poll site, the number of ballots spoiled and returned by
voters and the number of affidavit ballots cast. These numbers shall be
added to the number of ballots cast as recorded by the public counter
number appearing on the ballot scanner screen(s) or results tape(s). The
sum shall be recorded on the ballot reconciliation form. This resulting
number shall be deducted from the number of ballots originally delivered
to the election district or poll site, and the remainder number shall be
determined to be the number of ballots secured in the emergency ballot
box(es) or other secure storage container(s) provided by the board of
elections. This remainder number shall be recorded on the ballot
reconciliation form. If such remainder number is zero and there are no
ballots in the emergency ballot box(es) or other such secure
container(s), inspectors shall initiate the ballot scanners' close the
polls mechanism and produce results tapes. The clerks or inspectors
shall then separate, label and place each type of ballot in the box or
container provided by the board of elections, and securely lock or seal
each such box or container and record such seal number on the ballot
reconciliation form. They shall then sign such reconciliation form. If
such remainder number is not zero or there are unscanned voted election
day ballots in the emergency ballot box(es) or other such secure
container(s), the inspectors or clerks shall proceed with the process
provided for in section 9-108 and 9-110 of this title. Upon completion
of such process, the clerks or inspectors shall then separate, label and
place each type of ballot in the box(es) or container(s) provided by the
board of elections, and securely lock or seal each such box(es) or
container(s). They shall then sign such amended reconciliation form.
Canvass; ballots, verifying number cast. 1. For all election
day paper ballots cast when a ballot scanner is not available, ballots
abandoned by a voter at the ballot scanner, as defined in 9 NYCRR
6210.13(a)(11)(a) or ballots submitted by the voter which are otherwise
non-machine processable, as defined in 9 NYCRR 6210.13(a)(8), the board
of inspectors, at the beginning of the canvass, shall count the number
of unscanned ballots found in each emergency box or other secure storage
container provided by the board of elections, ascertaining that each
ballot is single, and shall compare the number of ballots found in such
box or container with the remainder number of ballots, as determined
pursuant to section 9-106 of this title.
2. If the ballots found in any box shall be more than the number of
ballots so shown to have been deposited therein, such ballots shall all
be replaced, without being unfolded, in the box from which they were
taken, and shall be thoroughly mingled therein, and one of the
inspectors shall, with his or her back to the box, publicly draw out as
many ballots as shall be equal to such excess and, without unfolding
them forthwith shall enclose them in an envelope which he or she shall
then and there seal and endorse "excess ballots for the general
election, presidential electors, or party ballots or otherwise", as the
case may be, and shall sign his or her name thereto, and place such
envelope in the box for defective or spoiled ballots.
3. If two or more ballots shall be found in a ballot box so folded
together as to present the appearance of a single ballot, and if the
whole number of ballots in such box exceeds the whole number of ballots
so shown to have been deposited therein, those ballots, or enough of
them to reduce the ballots to the proper number, selected without
examination of any voting mark thereon, shall be similarly removed as
excess ballots.
4. If, however, there lawfully be more than one ballot box for the
reception of ballots, no ballot found in the wrong ballot box shall for
that reason be rejected, but it shall be placed in its proper box by the
inspectors upon the count of the ballots before the canvass, and counted
in the same manner as if it was found in the proper ballot box, if such
ballot shall not, together with the ballots found in the proper ballot
box, make a total of more ballots than are shown to have been deposited
in such box.
5. No ballot that is not an official ballot prepared for the election
shall be counted except for those ballots voted in accordance with the
provisions for emergency ballots.
Canvass; election day paper ballots that have not been
scanned; method of. 1. Election day paper ballots that have not been
scanned because a ballot scanner was not available or because the ballot
has been abandoned by a voter at the ballot scanner shall be canvassed
as follows: a bipartisan team of inspectors shall cast such ballots on a
ballot scanner, if one is available, at the close of the polls before
the tabulated results tape is printed. If a ballot does not scan because
of an overvote or blank ballot warning on the ballot scanner screen, the
inspectors shall cause the ballot scanner to eject such ballot to be
hand counted pursuant to subdivision two of this section.
2. Election day paper ballots that cannot be scanned, as provided in
subdivision one of section 9-102 of this title as applicable and
subdivision one of this section shall be canvassed as follows: The
inspectors shall unfold each ballot of the kind then to be canvassed and
shall place all such ballots upon the table in one pile face down. The
chair shall take up each ballot in order, turn it face up and announce
loudly and distinctly the vote registered on each section, in the order
of the sections upon the ballot, or that the ballot is void or the
section blank, as the case may be. If more than one person is to be
elected to the same office or party position the chair, if the ballot is
void or the ballot or section is wholly blank, shall announce as many
void or blank votes as there are persons to be elected to the office or
party position. On a primary ballot a "section," as the term is used
above, shall mean the space occupied by the title of an office or party
position, names of candidates therefor and the voting squares therewith.
The canvass of each ballot must be completed before the next ballot is
taken up. When the tallies of the votes of all such ballots are proven,
and the results announced, the inspectors shall affix tally sheets to or
record the results from same on the return of canvass.
3. Nothing in this section shall be construed to require or permit
absentee or affidavit ballots to be canvassed at the poll site on
election day. Such ballots shall be canvassed pursuant to section 9-209
of this article.
Canvass ballots; validity of ballot. 1. The whole ballot is
void if the voter (a) does any act extrinsic to the ballot such as
enclosing any paper or other article in the folded ballot or (b) defaces
or tears the ballot except that a ballot card which is in perforated
sections shall not be void because it has been separated into sections
or (c) makes any erasure thereon or (d) makes any mark thereon other
than a cross X mark or a check V mark in a voting square, or filling in
the voting square, or (e) writes, other than in the space provided, a
name for the purpose of voting; except that an erasure or a mark other
than a valid mark made in a voting square shall not make the ballot
void, but shall render it blank as to the office, party position or
ballot proposal in connection with which it is made. No ballot shall be
declared void or partially blank because a mark thereon is irregular in
form. The term "voting square" shall include the voting space provided
for a voter to mark his or her vote for a candidate or ballot proposal.
2. A cross X mark or a check V mark, made by the voter, in a voting
square at the left of a candidate's name, or the voter's filling in such
voting square, shall be counted as a vote for such candidate.
3. A vote shall be counted for a person whose name is written in under
the title of an office or party position only if such name is written by
the voter upon the ballot in the proper space provided therefor and only
if such name is not printed under the title of such office or position.
A voting mark before or after such written in name shall not invalidate
the vote.
4. If, in the case of a candidate whose name appears on the ballot
more than once for the same office, the voter shall make a cross X mark
or a check V mark in each of two or more voting squares before the
candidate's name, or fill in two or more such voting squares only the
first vote shall be counted for such candidate. If such vote was cast
for the office of governor, such vote shall not be recorded in the tally
sheet or returns in a separate place on the tally sheet as a vote not
for any particular party or independent body.
5. If a voter makes a cross X mark or a check V mark in a voting
square following the word "Yes" or the word "No", before a ballot
proposal, or fills in such square, such mark shall be counted in the
affirmative or negative, as so indicated.
6. If the voter marks more names than there are persons to be elected
or nominated for an office, or elected to a party position, or makes a
mark in a place or manner not herein provided for, or if for any reason
it is impossible to determine the voter's choice of a candidate or
candidates for an office or party position or his or her vote upon a
ballot proposal, his or her vote shall not be counted for such office or
position or upon the ballot proposal, but shall be returned as a blank
vote thereon.
Counting ballots; objections to. 1. If objection be made to
the counting of any ballot or as to any section of any such ballot, the
board of inspectors shall forthwith and before canvassing any other
ballot or section thereof, rule upon the objection. If the objection be
continued after this ruling, the chair or an inspector under the
scrutiny of an inspector of the opposite party shall write in ink upon
the back of the ballot a memorandum of the ruling and objection. The
memorandum of the ruling shall be in the words "Counted void", or
"Counted blank", or "Counted for (naming the candidate or candidates or
the presidential ticket)", or, in the case of a ballot proposal "Counted
for Proposal No.......," or "Counted against Proposal No........", as
the case may be. The memorandum of the objection shall be in the words
"Objected to", followed by a brief statement of the nature of the
objection, the name and address of the challenger and the signature of
the chair or inspector.
2. Any ballot to which objection is not taken but which is wholly
blank or is void shall be indorsed in ink by the chair of the board of
inspectors or an inspector under the scrutiny of an inspector of the
opposite party with the words "Wholly blank" or "Void", as the case may
be, and signed by the chair or inspector.
3. When all the ballots of any one kind shall have been canvassed, the
inspectors shall ascertain the total number of all such ballots and the
number of ballots to which any objection was taken and shall enter such
numbers in the place provided therefor in the inspectors' returns of
such canvass.
Tallying ballots; generally. 1. As each vote for any office
or position, or upon any ballot proposal, is announced, a clerk, or, if
there be no clerks, an inspector, under the scrutiny of a clerk or
inspector of opposite political party immediately shall tally it in ink,
with a downward stroke from right to left upon the official tally sheet.
Each such clerk or inspector, as he or she tallies a vote, shall
announce clearly the name of the person for whom he or she tallies it,
or that he or she tallies the vote blank or void as the case may be, or,
in the case of a ballot proposal, that he or she tallies the vote "yes"
or "no". When the name of a person voted for is not printed on the tally
sheet, such clerks or inspectors shall write it in full thereon in ink
in the place provided therefor.
2. When all the votes upon the same office, position or ballot
proposal shall have been canvassed the tally thereof shall be verified
by adding together all the votes tallied thereupon. Whenever the total
number of votes tallied (including blank and void votes) for any office
or party position, divided by the number of persons to be nominated or
elected thereto, or tallied for any ballot proposal, does not exactly
equal the number of ballots cast (including blank and void ballots), a
recanvass must be made immediately in order to correct the error.
In applying this section to a primary election the term "ballots"
means the ballots of the party whose tallied votes for an office or
party position are counted as above provided. Upon a recanvass the
clerks or inspectors must keep the tally in ink from left to right
across the previous tally marks.
3. When the errors if any have been corrected such clerks or
inspectors shall indicate the last tally opposite each name by forthwith
drawing in ink a long horizontal line immediately after the last tally
mark opposite such name. Such tally sheets having thus been prepared,
verified and closed, such clerks or inspectors shall sign their initials
on each sheet, in any blank space thereof.
Returns of canvass; generally. 1. Upon completing the
canvass, the inspectors shall prepare their returns of the canvass on a
printed form supplied to them by the board of elections. The results
tape(s) and the tally sheet(s) for any office, party position or ballot
proposal, if separate from such form, shall be securely attached by the
chair or an inspector under the scrutiny of an inspector of the opposite
party to such form returns and it shall not be necessary to transcribe
information provided by such results tapes onto such form. Results
tape(s) or a tally sheet(s), when so annexed, or forming part of the
same paper as the return, shall be treated as part of the return. The
inspectors, and clerks, if any, shall subscribe in ink the certificate
at the end of the set of returns. Each set of returns shall be securely
sealed in an envelope properly endorsed on the outside by the
inspectors. At an election at which voting machines are not used, the
ballot boxes, if any, supplied by the board of elections, may when
securely locked be used instead of sealed envelopes.
2. The form for the return or returns of the canvass shall be printed
in a format approved by the state board of elections. The form of such
return of canvass shall provide for the total number of votes for each
candidate in each contest, or upon each ballot proposal, including the
total number of unscanned voted ballots canvassed in accordance with
section 9-110 of this title.
3. In the event that there is more than one election district at a
polling place, the board of elections may authorize the use of one or
more returns of canvass that consolidate the report of the number of
votes for each candidate, or upon each ballot proposal, for more than
one election district or more than one ballot scanner, provided that
such consolidated returns of canvass have attached to them the results
tape(s) produced by the ballot scanner(s) that identify the number of
votes for each candidate, or upon each ballot proposal, within each such
election district and each such ballot scanner.
Proclamation of result. Upon the completion of the canvass
and of the returns of the canvass, the chair of the board of inspectors
or an inspector under the scrutiny of an inspector of the opposite party
shall make public oral proclamation of the total number of votes cast at
the election at the polling place for all candidates for each office,
or, if it be a primary election, the total number of party votes of each
party so cast for all candidates for each office or party position; upon
each ballot proposal, if any and the total number of write-in votes
recorded for each office. As an alternative to such oral proclamation,
such chair or inspector may cause to be posted the results tape(s),
tally sheet(s), and any other materials necessary to ascertain such
total numbers of votes cast.
Returns of canvass, procedure after. 1. After the returns of
the canvass are made out and signed, the inspectors shall enclose the
ballot stubs, protested and void ballots and the ballots cast in
affidavit envelopes in separate sealed envelopes or containers and
endorse thereon a certificate signed by each of them stating the number
of the district and the number of ballots contained in such envelopes or
containers. The inspectors shall enclose the unscanned voted ballots
canvassed in accordance with section 9-110 of this title in a separate
sealed envelope or container and endorse thereon a certificate signed by
each of them stating the number of the district, ballot scanner
identification information and the number of ballots contained in such
envelope or container. The inspectors shall then package and seal the
other voted ballots and place them in one or more boxes or containers,
and include within such boxes or containers one portable memory device
from each ballot scanner pursuant to paragraph (d) of subdivision two of
section 9-102 of this title, and any early mail, absentee, military,
special federal, or special presidential ballots which may have been
delivered to the poll site during election day, and securely lock and
seal such boxes or containers. Notwithstanding the preceding sentence,
such portable memory device from each ballot scanner with the
corresponding results tape may be enclosed in a sealed container and
transported prior to and separately from other materials referenced in
this section for the purpose of using such device to provide an
unofficial tally of results as required by section 9-126 of this title.
2. Each box, envelope, or container containing the ballots and stubs,
if any, and all items described in subdivision one of this section shall
be deposited by an inspector designated for that purpose with the
officer or board from whom or which the board of inspectors received it.
In the city of New York, every such box, envelope, or container shall be
delivered at the polling place to police or peace officers designated by
the police commissioner of such city, who shall deposit them with the
board of elections.
3. (a) Except in the city of New York, the registration poll records
or computer generated registration lists, the returns of canvass with
results tapes and tally sheets, if any, annexed, the voted ballots,
stubs, opened packages of unused ballots and ballot envelopes, any early
mail, absentee, military, special federal, or special presidential
ballots which may have been delivered to the poll site during election
day, the challenge report records, keys and the package of protested and
void ballots shall be filed with the board of elections.
(b) Records and supplies to be filed with a city, town or village
clerk shall be so filed or delivered immediately after the completion of
the returns of the canvass, by an inspector designated by the board of
inspectors. Returns, papers and registration poll records or computer
generated registration lists to be filed with the board of elections
shall be so filed by the chairman of the board of inspectors within
twenty-four hours after the completion of such returns. The person
receiving such returns in the board of elections shall give to the
person delivering the returns a receipt stating therein the date and
hour of delivery, the name of the person making the delivery, and to
whom said returns were delivered and shall keep a duplicate of said
receipt on file in the office of the board of elections.
(c) In the city of New York, the board of inspectors shall deliver to
police or peace officers designated by the police commissioner of such
city, at the polling place the registration poll records or computer
generated registration lists, challenge report, records, keys, other
election supplies, including two copies of the returns of the canvass
and any early mail, absentee, military, special federal, or special
presidential ballots which may have been delivered to the poll site
during election day, voted ballots, stubs, open packages of unused
ballots and ballot envelopes. Such police or peace officers shall file
the returns, the package of void and protested ballots, if any, and the
early mail, absentee, military, special federal, or special presidential
ballots which may have been delivered to the poll site during election
day; and emergency ballots, stubs and ballot envelopes, if any, within
twenty-four hours after the close of the polls, in the office of the
board of elections or its branch office within the borough, as the case
may be.
Unofficial tally of election results. 1. In an election
district of the county of Nassau, the chair of the board of inspectors,
upon the completion of the return of canvass, and the announcement
thereof in a primary or general election, shall deliver to the police
officer on duty at the polling place a statement signed by the board of
inspectors stating the number of votes received by each person voted for
and the number of votes cast for and the number of votes cast against
each ballot proposal. Such officer forthwith shall convey the statement
to the stationhouse of the police precinct in which such place of
canvass is located, and shall deliver it inviolate to the officer in
command thereof, who shall immediately transmit by telegraph, telephone
or messenger, the contents of such statement to the officer commanding
the police department of such county who shall immediately make the
contents of such statement available for the press. The chair of the
board of inspectors in each election district of such county shall make
two copies of the statement hereinbefore provided for, which shall be
taken to the police station, whence one such copy shall be transmitted
without delay to police headquarters, or such other location as may be
designated by the officer commanding the police department, where it
shall be made immediately available to the press for purposes of
tabulation. The other copy shall be transmitted within twenty-four hours
to the board of elections. All statements made pursuant to this section
shall be preserved for six months by the police and shall be presumptive
evidence of the result of such canvass.
2. (a) Except in the county of Nassau, the chair of the board of
inspectors, upon completion of the return of canvass and the
announcement thereof, in a general or primary election, shall
immediately communicate such results by telephone, or delivery, to the
board of elections. Such results shall include the number of votes
received by each person voted for and the number of votes cast for and
against each ballot proposal.
(b) The board of elections shall remain open after the close of the
polls and shall receive and tabulate the voting results as they are
received. The board of elections shall make such unofficial results
available to the media and the state board of elections, and shall post
running totals in a public place and on the internet as the results
become known to it.
3. The results made public pursuant to this section shall be released
as the unofficial tally.
4. A county board of elections may require the chair of the board of
inspectors in each election district to report unofficial election night
results by telephone, fax or other means. Such results shall include the
total aggregate number of votes received by each person voted for, the
total aggregate number of write-ins and the number of votes cast for and
against each ballot proposal.
5. (a) The board of elections of counties in which voting machines
which have portable memory devices are used, may establish written
procedures consistent with the provisions of this section and filed with
the state board of elections by which such devices may be used to
provide the unofficial tally of results required by this section.
(b) Such procedures may include: the installation, at the board of
elections or at town or city halls, police stations, sheriff's offices
or other public buildings, of machines which record and transmit the
totals recorded in such devices to the board of elections or directly to
a representative of the press; the delivery of the devices from the
polling places to such locations and the removal of such devices, by at
least two clerks or other agents of such board of elections of opposite
political parties, from the containers or envelopes in which they were
sealed at the polling places and the insertion of such devices into such
machines.
(c) In the city of New York, unless the board of elections of such
city designates two clerks or other agents of opposite political parties
for delivery of the devices from the polling places to such locations,
police officers or peace officers designated by the police commissioner
of such city shall provide such delivery as soon as practicable.
(d) The board of elections shall provide containers, at all such
locations other than the offices of such board, into which all such
devices shall be placed by the clerks or other agents of such board of
elections after they are removed from such machines. Such containers
shall be sealed by such clerks or agents who shall also enter on a
certificate which shall be printed on each such container, the total
number of such devices placed in such container and the election
districts from which such devices came. Such clerks shall also sign such
certificate in the places provided.
(e) Such containers shall be delivered to the board of elections by
the public officials in whose offices such machines were installed
within twenty-four hours after the closing of the polls. In the city of
New York, unless the board of elections of such city designates two
clerks or other agents of opposite political parties for delivery of
such containers to the board of elections, police officers or peace
officers designated by the police commissioner of such city shall
deliver such containers. The board of elections shall give such
officials, police officers, or peace officers a receipt therefor which
states therein the date and hour of delivery, the name of the person
making the delivery and the name of the person to whom such delivery was
made. The board of elections shall keep a duplicate of such receipt on
file at the office of such board.
(f) The cost of installing such machines at locations other than the
board of elections and the cost of transmitting the results from such
machines may be paid by the board of elections or by a representative of
the press. If such results are transmitted from a location other than
the board of elections directly to a representative of the press, such
cost shall be paid by such representative of the press.
TITLE 2 Canvass By Board of Elections
Canvass of primary returns by board of elections; notices to
delegates; certificates. 1. The board of elections shall canvass the
returns of primary elections filed with it. It shall canvass first the
votes of the delegates and alternates to judicial district conventions
and complete such canvass at the earliest time possible. It shall
complete the canvass otherwise within thirteen days from the day upon
which the primary election is held. Upon the completion of the canvass
the board shall make and file in its office tabulated statements, signed
by the members of such board or a majority thereof, of the number of
votes cast for all the candidates for nomination to each public office
or for election to each party position, and the number of votes cast for
each such candidate. The candidate receiving the highest number of votes
for nomination for a public office or for election to a party position
voted for wholly within the political unit for which such board is
acting, shall be the nominee of his party for such office or elected to
such party position and the board, if requested by a candidate elected
to a party position, shall furnish to him a certificate of election.
2. The board forthwith upon the completion of the canvass for members
of a state committee and delegates and alternates to a national, state
or judicial district convention, shall transmit to the state board of
elections a certificate stating the name and residence of each member of
a state committee and delegate and alternate elected from a district
wholly within the jurisdiction of such board, except that, in respect to
a judicial district convention in the first, second, eleventh, twelfth
and thirteenth judicial districts, the board of elections, instead of
transmitting such certificate, shall compile the roll of the convention
and transmit it to the chairman or secretary of the committee which, by
party rules, is empowered to fix the time and place of the convention.
The board of elections shall send by mail to each delegate and alternate
elected a notice of his election. The certificate or roll of the
convention shall list the delegates and alternates elected at a primary
in the order of the votes received by each delegate or alternate, with
the delegate or alternate receiving the highest number of votes listed
first. Tie votes shall be indicated in a manner prescribed by the state
board of elections. If there shall have been no contested election for
alternates, the names of the alternates shall appear on the certificate
or roll in the order in which their names appeared on the petition which
designated them.
3. The board forthwith, upon the completion of the canvass, shall file
with the state board of elections a certified copy of its tabulated
statement of the votes cast for each nomination or party position in a
district extending beyond the political unit for which the board is
acting.
4. The state board of elections, upon the request of the chairman of
the state committee of any political party, shall furnish to him a list
of the duly elected members of the state committee of such party.
5. There shall be included in the official compilation of the canvass
of the returns, the names of the persons who shall have been nominated
for public office or elected to party position without balloting, and in
each such case the word "uncontested" shall be placed in such
compilation wherever the vote cast for such a candidate is required to
be stated.
Canvass of primary returns by state board of elections;
convention rolls. The state board of elections upon receipt by it from
boards of elections of the tabulated statements of votes at a primary
election required to be filed with it shall proceed forthwith to canvass
such statements. Upon the completion of the canvass it shall make,
certify and file in its office tabulated statements of the number of
votes cast for all the candidates for nomination to each public office
or for election to each party position, and the number of votes cast for
each such candidate. The candidate receiving the highest number of votes
shall be the nominee of his party for such office or shall be elected to
such party position, as the case may be, and the board, if requested,
shall furnish to the elected candidates a certificate of election. From
such certified statements of the votes for delegates and alternates
elected to a state or judicial district convention of any party, other
than a judicial district convention in the first, second, eleventh,
twelfth and thirteenth judicial districts, the state board shall
forthwith compile the roll of each such convention in duplicate and
transmit it, if for a state convention, to the chairman and secretary of
the state committee of the party, and if for a judicial district
convention, to the chairman and secretary of the committee which, by
party rules, is empowered to fix the time and place of the convention.
The roll of the convention shall list the candidates elected at a
primary in the order of the votes received by each candidate together
with the number of votes received by each such candidate. If there shall
have been no contested election for alternates, the names of the
alternates shall appear on the roll in the order in which their names
appear on the petition which designated them. The state board of
elections shall transmit copies of the certified statements of the votes
for delegates and alternates to a national convention of a party to the
chairman and secretary of the state committee of such party.
County boards of canvassers. The board of elections of each
county or city shall be the county board of canvassers of such county,
or each county within such city. Such board also shall be the city board
of canvassers of any city or cities within the county for a city
election. Such board shall also be the board of canvassers of the towns
of the county. Such board shall also be the board of canvassers of
villages in which village elections are conducted by the board of
elections. The secretary of the board of elections, or, if he is
absent, or unable to act, a member or chief clerk designated by the
board shall be the secretary of the canvassing board. Each canvassing
board shall meet at the place where it usually meets in other capacities
on the day following the election, but its duties may be performed in
any or all of the offices of the board of elections.
Canvass of election district returns of general and special
elections. The canvassing board shall canvass the votes cast within the
county for state, county, city and town offices; also the vote cast on
any ballot proposal. The canvass by the county board of canvassers
relating to the offices of president and vice president of the United
States, governor, lieutenant-governor, state comptroller,
attorney-general, United States senator, member of the house of
representatives, member of the state senate, member of the assembly and
any ballot proposal shall show in each election district the total
number of persons voting at such election, the number of votes cast for
each candidate, the number of unrecorded or blank votes for each of the
above-mentioned offices and each ballot proposal. Write-in votes cast
for president or vice president for persons who were not certified by
the state board of elections as write-in candidates for such offices
shall not be canvassed for such candidates but such votes shall be
canvassed as void votes. If, during the canvass, there shall clearly
appear to be any omission or clerical mistake in the return for any
district filed with the board of elections, the canvassing board may
summon the election officers before the board, and such officers shall
meet forthwith and make any necessary correction, in order that their
canvass may be correctly stated, but they shall not alter any decision
theretofore made by them.
Provisions for recanvass of vote in every election district
in the state; procedure in case of discrepancy. 1. Within fifteen days
after each general or special election, and within twenty days after a
primary election, and within seven days after every village election
conducted by the board of elections at which ballot scanners are used,
the board of elections, or a bipartisan committee of or appointed by
said board shall, in each county using ballot scanners, make a record of
the serial number of each ballot scanner used in each election district
in such general, special or primary election. No person who was a
candidate at such election shall be appointed to membership on the
committee. Such board of elections or bipartisan committee shall
recanvass the tabulated result tape from each ballot scanner used in
each election district by comparing such tape with the numbers as
recorded on the return of canvass. The said board or committee shall
also make a recanvass of any election day paper ballots that have not
been scanned and were hand counted pursuant to subdivision two of
section 9-110 of this article and compare the results with the number as
recorded on the return of canvass. The board or committee shall then
recanvass write-in votes, if any, on ballots which were otherwise
scanned and canvassed at polling places on election night. The board or
committee shall validate and prove such sums. Before making such canvass
the board of elections, with respect to each election district to be
recanvassed, shall give notice in writing to the voting machine
custodian thereof, to the state and county chair of each party or
independent body which shall have nominated candidates for the said
general or special election or nominated or elected candidates at the
said primary election and to each individual candidate whose name
appears on the office ballot, of the time and place where such canvass
is to be made; and the state and county chair of each such party or
independent body and each such individual candidate may send a
representative to be present at such recanvass. Each candidate whose
name appears on the official ballot, or his or her representative, shall
have the right personally to examine and make a record of the vote
recorded on the tabulated result tape and any ballots which were hand
counted.
2. If upon such recanvass, it shall be found that the original canvass
of the returns of an election district has been incorrectly made from
any tabulated result tape plus any ballots which were hand counted, a
statement in writing shall be prepared giving the details for any
corrections made for such election district. The result of the
recanvass, and such statement shall be witnessed by the persons required
to be present and shall be filed with the board of elections. Such
recanvass of votes made pursuant hereto shall thereupon supersede the
returns filed by the inspectors of election of the election district in
which the canvass was made.
3. If upon the recanvass of an election district, it shall be found
that a discrepancy exists between the number of voters who cast a vote
in an election district and the number of votes recorded on the
tabulated results tape plus any election day paper ballots counted by
hand the board of elections, or the committee thereof, shall proceed
thoroughly to examine all the election day paper ballots in that
election district to determine the result from such election district.
The result of this examination of election day ballots shall supersede
the returns filed by the inspectors of election of the election district
in which the canvass was made. After the completion of such examination,
the board of elections, or the committee thereof, shall then and there
prepare a statement in writing giving in detail the result thereof, and
such statement shall be witnessed by the persons required to be present
and shall be filed in the office of the board of elections.
4. (a) The board of elections or a bipartisan committee appointed by
the board shall conduct a full manual recount of all ballots for a
particular contest:
i. Where the margin of victory is twenty votes or less; or
ii. Where the margin of victory is 0.5% or less; or
iii. In a contest where one million or more ballots have been cast and
the margin of victory is less than 5,000 votes.
(b) For the purposes of this section, the term margin of victory shall
mean the margin between all votes cast in the entire contest following
the recanvass of votes.
(c) Where the contest involves portions of two or more counties, the
margin of victory shall be determined by the state board of elections
based on the most recent recanvass results for the contest submitted by
the boards of elections of the counties involved.
(d) No board of elections shall commence a full manual recount of a
particular contest unless and until such board of elections has
completed and announced the results of the recanvass required by
subdivision one of this section, for each applicable election district.
(e) The result of the manual recount of ballots shall supersede the
returns filed by the inspectors of election of the election district in
which the canvass was initially made.
Canvass of early mail, absentee, military and special
ballots, and ballots cast in affidavit envelopes.
Before completing the canvass of votes cast in any primary, general,
special, or other election at which voters are required to sign their
registration poll records before voting, the board of elections shall
proceed in the manner hereinafter prescribed to review, cast and canvass
early mail, any absentee, military, special presidential, special
federal or other special ballots and any ballots cast in affidavit
envelopes, including ballots cast by voters pursuant to section 8-604 of
this chapter. Each such ballot shall be retained in the original
envelope containing the voter's affidavit and signature, in which it is
delivered to the board of elections until such time as it is to be
reviewed, in order to be cast and canvassed.
1. Central board of canvassers. Within four days of the receipt of an
early mail, absentee, military or special ballot, the board of elections
shall designate itself or such of its employees as it shall deem
appropriate as a set of poll clerks to review such ballot envelopes. The
board may designate additional sets of poll clerks and if it designates
more than one such set shall apportion among all such sets the election
districts from which such ballots have been received, provided that when
reviewing ballots, all ballots from a single election district shall be
assigned to a single set of clerks, and that each such set shall be
divided equally between representatives of the two major political
parties. Each such set of clerks shall be deemed a central board of
canvassers for purposes of this section.
2. Review of early mail, absentee, military and special ballot
envelopes. Within four days of the receipt of an early mail, absentee,
military or special ballot before the election, and within one day of
receipt on or after the election, each central board of canvassers shall
examine the ballot affirmation envelopes as nearly as practicable in the
following manner:
(a) If a person whose name is on a ballot envelope as a voter is not
on a registration poll record, the computer-generated list of registered
voters or the list of special presidential voters, or if there is no
name on the ballot envelope, or if the ballot envelope was not timely
postmarked or received, or if the ballot envelope is completely
unsealed, such ballot envelope shall be set aside unopened for review
pursuant to subdivision eight of this section with a relevant notation
indicated on the ballot envelope notwithstanding a split among the
central board of canvassers as to the invalidity of the ballot;
provided, however, if the ballot envelope is completely unsealed, such
voter shall receive notice pursuant to paragraph (h) of subdivision
three of this section.
(b) If there is more than one timely ballot envelope executed by the
same voter, the one bearing the later date of execution shall be
accepted and the other rejected. If it cannot be determined which ballot
envelope bears the later date, then all such ballot envelopes shall be
rejected. When the board of elections has issued a second ballot it
shall set aside the first ballot unopened to provide the voter time to
return the second ballot. Notwithstanding the foregoing, if a ballot
envelope for a voter was previously reviewed and opened, then the
subsequently received ballot envelope shall be set aside unopened.
(c) If such person is found to be registered, the central board of
canvassers shall compare the signature, if any, on each ballot envelope
with the signature, if any, on the registration poll record, the
computer-generated list of registered voters, or the list of special
presidential voters, of the person of the same name who registered from
the same address. If the signatures are found to correspond, such
central board of canvassers shall certify thereto in a manner provided
by the state board of elections.
(d) If such person is found to be registered and has requested a
ballot, the ballot envelope shall be opened, the ballot or ballots
withdrawn, unfolded, stacked face down and deposited in a secure ballot
box or envelope. Upon such processing of the ballot, the voter's record
shall be updated with a notation that indicates that the voter has
already voted in such election. The board of elections shall adopt
procedures, consistent with regulations of the state board of elections,
to prevent voters from voting more than once and to secure ballots and
prevent public release of election results prior to election day. Such
procedures shall be filed with the state board of elections at least
ninety days before they shall be effective.
(e) In the case of a primary election, the ballot shall be deposited
in the box only if the ballot is of the party with which the voter is
enrolled according to the entry on the back of his or her registration
poll record or in the computer-generated registration list; if not, the
ballot shall be rejected without inspection or unfolding and shall be
returned to the ballot envelope which shall be endorsed "not enrolled".
(f) If the central board of canvassers determines that a person was
entitled to vote at such election it shall prepare such ballot to be
stacked face down and deposited in a secure ballot box or envelope
consistent with paragraph (d) of this subdivision if such board finds
that ministerial error by the board of elections or any of its employees
caused such ballot envelope not to be valid on its face.
(g) If the central board of canvassers splits as to whether a ballot
is valid, it shall prepare such ballot to be cast and canvassed pursuant
to this subdivision.
(h) As each ballot envelope is opened, if one or more of the different
kinds of ballots to be voted at the election are not found therein, the
central board of canvassers, shall make a memorandum showing what ballot
or ballots are missing. If a ballot envelope shall contain more than one
ballot for the same offices, all the ballots in such ballot envelope
shall be rejected. When the review of such ballots shall have been
completed, the central board of canvassers shall ascertain the number of
such ballots of each kind which have been deposited in the ballot box by
deducting from the number of ballot envelopes opened with the number of
missing ballots, and shall make a return thereof. The number of voters'
ballots deposited in the ballot box shall be added to the number of
other ballots deposited in the ballot box, in order to determine the
number of all ballots of each kind to be accounted for in the ballot
box.
3. Curing ballots. (a) At the time a ballot affirmation envelope is
reviewed pursuant to subdivision two of this section, the board of
elections shall determine whether it has a curable defect.
(b) A curable defect includes instances where the ballot envelope: (i)
is unsigned; (ii) has a signature that does not correspond to the
registration signature; (iii) has no required witness to a mark; (iv) is
returned without a ballot affirmation envelope in the return envelope;
(v) has a ballot affirmation envelope that is signed by the person that
has provided assistance to the voter but is not signed or marked by the
voter; (vi) contains the signature of someone other than the voter and
not of the voter; or (vii) is returned by mail between two and seven
days after the election without a postmark.
(c) The board shall indicate the issue that must be cured on the
ballot envelope and, within one day of such determination, send to the
voter's address indicated in the registration records and, if different,
the mailing address indicated on the ballot application, a notice
explaining the reason for such rejection and the procedure to cure the
rejection. The board shall also contact the voter by either electronic
mail or telephone, if such information is available to the board in the
voter's registration information, in order to notify the voter of the
deficiency and the opportunity and the process to cure the deficiency.
(d) The voter may cure the aforesaid defects by filing a duly signed
affirmation attesting to the same information required by the ballot
affirmation envelope and attesting that the signer of the affirmation is
the same person who submitted such ballot envelope; provided, however,
that for the defect described in subparagraph (vii) of paragraph (b) of
this subdivision, such affirmation shall also include an attestation
that the voter mailed the ballot envelope on or before the day of the
election. The board shall include a form of such affirmation with the
notice to the voter. The affirmation shall be in a form prescribed by
the state board of elections, and with such affirmation the board of
elections shall provide to the voter a domestic postage paid return
envelope which may be used if the voter returns the cure affirmation in
paper form by mail. A cure affirmation, at the option of any voter
submitting such cure affirmation, may be transmitted to the board of
elections in person, by mail or in electronic form as an attachment to
an email. Such cure affirmation may also be provided to the board of
elections as an uploaded electronic document if such board of elections
provides such functionality. The cure affirmation, whether in paper or
electronic form, shall include the signature of the voter duly affixed
to the appropriately completed cure affirmation form.
(e) Such cure affirmation shall be received by the board no later than
seven business days after the board's mailing of such curable rejection
notice or by five p.m. on the seventh day following the election,
whichever is later. Any cure affirmation received electronically as an
email attachment or by upload prior to midnight of the last day to cure
is timely. Provided the board determines that such affirmation addresses
the curable defect, the rejected ballot shall be reinstated and prepared
for canvassing pursuant to subdivision two of this section. If the board
of elections is split as to the sufficiency of the cure affirmation,
such envelope shall be prepared for canvassing pursuant to paragraph (d)
of subdivision two of this section.
(f) If the ballot envelope contains one or more curable defects that
have not been timely cured, the ballot envelope shall be set aside for
review pursuant to subdivision eight of this section.
(g) Ballot envelopes are not invalid and do not require a cure if: (i)
a ballot envelope is undated or has the wrong date, provided it is
postmarked on or prior to election day or is otherwise received timely
by the board of elections; (ii) the voter signed or marked the ballot
affirmation envelope at a place on the envelope other than the
designated signature line; (iii) a voter used a combination of ink (of
any color) or pencil to complete the ballot envelope; (iv) papers found
in the ballot envelope with the ballot are materials from the board of
elections, such as instructions or an application sent by the board of
elections; (v) an extrinsic mark or tear on the ballot envelope appears
to be there as a result of the ordinary course of mailing or
transmittal; (vi) the ballot envelope is sealed using tape, paste or any
other binding agent or device and there is no indication of tampering;
or (vii) the ballot envelope is partially unsealed but there is no
ability to access the ballot.
(h) When the board of elections invalidates a ballot affirmation
envelope and the defect is not curable, the ballot envelope shall be set
aside for review pursuant to subdivision eight of this section and the
board shall notify the voter by mail, sent within three business days of
such rejection, and by either electronic mail or telephone, if such
information is available to the board in the voter's registration
information, and notify the voter of other options for voting, and, if
time permits, provide the voter with a new ballot.
(i) If a ballot affirmation envelope is received by the board of
elections prior to the election and is found to be completely unsealed
and thus invalid, the board shall notify the voter by mail, sent within
three business days of such determination, and by either electronic mail
or telephone, if such information is available to the board in the
voter's registration information, and notify the voter of other options
for voting, and, if time permits, provide the voter with a new ballot.
4. Review of federal write-in absentee ballots. (a) Such central board
of canvassers shall review any federal write-in absentee ballots validly
cast by an early mail voter, an absentee voter, a military voter or a
special federal voter for the offices of president and vice-president,
United States senator and representative in congress. Such central board
of canvassers shall also review any federal write-in absentee ballots
validly cast by a military voter for all questions or proposals, public
offices or party positions for which a military voter is otherwise
eligible to vote as provided in section 10-104 of this chapter.
(b) Federal write-in absentee ballots shall be deemed valid only if:
(i) an application for an early mail, absentee, military or special
federal ballot was received from the early mail, absentee, military or
special federal voter; (ii) the federal write-in absentee ballot was
submitted from inside or outside the United States by a military voter
or was submitted from outside the United States by a special federal
voter; (iii) such ballot is received by the board of elections not later
than thirteen days following the day of election or seven days after a
primary election; and (iv) the early mail, absentee, military or special
federal ballot which was sent to the voter is not received by the board
of elections by the thirteenth day following the day of a general or
special election or the seventh day after a primary election.
(c) If such a federal write-in absentee ballot is received after
election day, the envelope in which it is received must contain: (i) a
cancellation mark of the United States postal service or a foreign
country's postal service; (ii) a dated endorsement of receipt by another
agency of the United States government; or (iii) if cast by a military
voter, the signature and date of the voter and one witness thereto with
a date which is ascertained to be not later than the day of the
election.
(d) If such a federal write-in absentee ballot contains the name of a
person or persons in the space provided for a vote for any office, such
ballot shall be counted as a vote for such person or persons. A vote for
a person who is the candidate of a party or independent body either for
president or vice-president shall be deemed to be a vote for both the
candidates of such party or independent body for such offices. If such a
ballot contains the name of a party or independent body in the space
provided for a vote for any office, such ballot shall be deemed to be a
vote for the candidate or candidates, if any, of such party or
independent body for such office. In the case of the offices of
president and vice-president a vote cast for a candidate, either
directly or by writing in the name of a party or independent body, shall
also be deemed to be votes for the electors supporting such candidate.
Any abbreviation, misspelling or other minor variation in the form of
the name of a candidate or a party or independent body shall be
disregarded in determining the validity of the ballot, if the voter's
intention can be ascertained.
5. Nothing in this section prohibits a representative of a candidate,
political party, or independent body entitled to have watchers present
at the polls in any election district in the board's jurisdiction from
observing, without objection, the review of ballot envelopes required by
subdivisions two, three, four, and seven of this section.
6. Casting and canvassing of early mail, absentee, military and
special ballots. (a) The following provisions shall apply to the casting
and canvassing of all valid ballots received before, on or after
election day and reviewed and prepared pursuant to subdivision two of
this section, and all other provisions of this chapter with respect to
casting and canvassing such ballots which are not inconsistent with this
subdivision shall be applicable to such ballots.
(b) The day before the first day of early voting, the central board of
canvassers shall scan all valid ballots previously reviewed and prepared
pursuant to this section as nearly as practicable in the following
manner:
(i) Such ballots may be separated into sections before being placed in
the counting machine and scanned;
(ii) Upon completion of the scanning of such valid ballots, the
scanners used for such purpose shall be secured, and no tabulation of
the results shall occur until one hour before the close of the polls on
election day. Any ballots scanned during this period shall be secured in
the same manner as voted ballots cast during early voting or on election
day. The board of elections shall adopt procedures to prevent the public
release of election results prior to the close of polls on election day
and such procedures shall be consistent with the regulations of the
state board of elections and shall be filed with the state board of
elections at least ninety days before they shall be effective;
(iii) Any valid ballots that cannot be cast on a scanner shall be held
inviolate and unexamined and shall be duly secured until after the close
of polls on election day when such ballots shall be examined and
canvassed in a manner consistent with subdivision two of section 9-110
of this article.
(c) After the close of the polls on the last day of early voting, the
central board of canvassers shall scan all valid ballots received and
prepared pursuant to this section, and not previously scanned on the day
before the first day of early voting, in the same manner as provided in
paragraph (b) of this subdivision using the same or different scanners.
(d) In casting and canvassing such ballots, the board shall take all
measures necessary to ensure the privacy of voters.
(e) The board of elections may begin to obtain tabulated results for
all ballots previously scanned, as required by this subdivision, one
hour before the scheduled close of polls on election day; provided,
however, no unofficial tabulations of election results shall be publicly
announced or released in any manner until after the close of polls on
election day at which time such tabulations shall be added into the
election night vote totals.
(f) Upon completing the casting and canvassing of any remaining valid
ballots as hereinabove provided for any election district, the central
board of canvassers shall thereupon, as nearly as practicable in the
manner provided in this article for early mail, absentee, military and
special ballots, verify the number of ballots so cast, tally the votes
so cast, add such tally to the previous tally of all votes cast in such
election district, and record the result.
(g) The record of the vote counted by each scanner and manually for
each candidate and for and against each ballot proposal, printed by
election district, shall be preserved in the same manner and for the
same period as the returns of canvass for the election.
7. Post-election review and canvassing of affidavit ballots. (a)
Within four business days of the election, the board of elections shall
review all affidavit ballots cast in the election. If the central board
of canvassers determines that a person was entitled to vote at such
election it shall cast and canvass such affidavit ballot; provided,
however, if the board of elections receives one or more timely early
mail or absentee ballots from a voter who also cast an affidavit ballot
at a poll site, the last such timely early mail or absentee ballot
received shall be canvassed and the affidavit ballot shall be set aside
unopened; and provided further, if a voter was issued an early mail or
absentee ballot and votes in person via an affidavit ballot and the
board does not receive such early mail or absentee ballot, the affidavit
ballot shall be canvassed if the voter is otherwise qualified to vote in
such election.
(b) Affidavit ballots are valid when cast at a polling site permitted
by law by qualified voters: (i) who moved within the state after
registering; (ii) who are in inactive status; (iii) whose registration
was incorrectly transferred to another address even though they did not
move; (iv) whose registration poll records were missing on the day of
such election; (v) who have not had their identity previously verified;
(vi) whose registration poll records did not show them to be enrolled in
the party in which they are enrolled; (vii) who are incorrectly
identified as having already voted; and (viii) who have registered to
vote pursuant to section 8-604 of this chapter.
(c) Affidavit ballots are valid to the extent that ministerial error
by the board of elections or any of its employees caused such ballot
envelope not to be valid on its face.
(d) If the central board of canvassers determines that a person was
entitled to vote at such election, the board shall cast and canvass such
affidavit ballot if such board finds that the voter appeared at a
polling place, in the correct county, which is designated as a polling
place for the correct assembly district, regardless of the fact that the
voter may have appeared in the incorrect election district or polling
place, and regardless of whether the voter's name was in the
registration poll record; provided, however, that in the event such
ballot includes one or more offices for which such person is not
entitled to vote at such election, such ballot shall only be cast and
canvassed for the offices for which such person is entitled to vote at
such election.
(e) If the central board of canvassers finds that a voter submitted a
voter registration application through the electronic voter registration
transmittal system pursuant to title eight of article five of this
chapter and signed the affidavit ballot, the board shall cast and
canvass such affidavit ballot if the voter is otherwise qualified to
vote in such election.
(f) If the central board of canvassers determines that a person was
entitled to vote at such election, the board shall cast and canvass such
affidavit ballot if such board finds that the voter substantially
complied with the requirements of this chapter. For purposes of this
paragraph, "substantially complied" shall mean the board can determine
the voter's eligibility based on the statement of the affiant or records
of the board.
(g) If the central board of canvassers finds that the statewide voter
registration list supplies sufficient information to identify a voter,
failure by the voter to include on the affidavit ballot envelope the
address where such voter was previously registered shall not be a fatal
defect and the board shall cast and canvass such affidavit ballot.
(h) (i) If a voter registration application for a person was received
by a board of elections by the tenth day prior to the election, an
affidavit ballot from the person shall be cast and counted if the voter
is otherwise qualified to vote in such election, notwithstanding the
fact that the person's name was omitted from a registration poll record
or list of registered voters.
(ii) If the central board of canvassers finds that the voter
registered or pre-registered to vote for the first time pursuant to
title nine of article five of this chapter at least ten days before a
primary, appeared at such primary election, and indicated on the
affidavit ballot envelope the intent to enroll in such party, the
affidavit ballot shall be cast and canvassed if the voter is otherwise
qualified to vote in such election.
(i) A voter registration submitted by a person registering to vote at
an early voting polling location pursuant to section 8-604 of this
chapter shall be processed and an affidavit ballot from such person
shall be cast and canvassed if the voter is otherwise qualified to vote
in such election, notwithstanding the fact that the person's name is not
on a registration poll record or list of registered voters.
(j) When the central board of canvassers determines that an affidavit
ballot is invalid due to a missing signature on the affidavit ballot
envelope, or because the signature on the affidavit ballot envelope does
not correspond to the registration signature, such ballots shall be
subject to the cure procedure in subdivision three of this section. The
absence of a signature on a registration poll record or computer
generated list of registered voters shall not provide a basis for
rejecting affidavit ballots submitted pursuant to section 8-604 of this
chapter.
(k) At the meeting required pursuant to paragraph (a) of subdivision
eight of this section, each candidate, political party, and independent
body shall be entitled to object to the board of elections'
determination that an affidavit ballot is invalid. Such ballots shall
not be counted absent an order of the court. In no event may a court
order a ballot that has been counted to be uncounted.
* (l) The board of elections shall enter information into the ballot
tracking system, as defined in sections 8-414 and 8-712 of this chapter,
to allow a voter who cast a ballot in an early voting or affidavit
envelope to determine if the vote was counted.
* NB There are 2 par l's
* (l) The provisions of this subdivision shall apply notwithstanding
any other provision of this chapter.
* NB There are 2 par l's
8. Post-election review of invalid early mail, absentee, military and
special ballots. (a) Within four business days of the election, the
board of elections shall designate itself or such of its employees to
act as a central board of canvassers as provided in subdivision one of
this section and meet to review early mail, absentee, military and
special ballots determined to be invalid pursuant to paragraph (a) of
subdivision two of this section, ballot envelopes that were returned to
the board as undeliverable, and ballot envelopes containing one or more
curable defects that have not been timely cured.
(b) At least five days prior to the time fixed for such meeting, the
board shall send notice by first class mail to each candidate, political
party, and independent body entitled to have had watchers present at the
polls in any election district in the board's jurisdiction. Such notice
shall state the time and place fixed by the board for such post-election
review.
(c) Each such candidate, political party, and independent body shall
be entitled to appoint such number of watchers to attend upon each
central board of canvassers as the candidate, political party, or inde-
pendent body was entitled to appoint at the election in any election
district for which the central board of canvassers is designated to act.
(d) Upon assembling at the time and place fixed for such meeting, each
central board of canvassers shall review the ballot envelopes determined
to be invalid and set aside in the review required by subdivision two of
this section, ballot envelopes that were returned as undeliverable, and
ballot envelopes containing one or more curable defects that have not
been timely cured.
(e) Each such candidate, political party, and independent body shall
be entitled to object to the board of elections' determination that a
ballot is invalid. Such ballots shall not be counted absent an order of
the court. In no event may a court order a ballot that has been counted
to be uncounted.
9. State board of elections; powers and duties for canvassing of early
mail, absentee, military, special and affidavit ballots. The state board
of elections shall promulgate rules and regulations necessary for the
implementation of the provisions of this section. Such rules and
regulations shall include, but not be limited to, provisions to (a)
ensure an efficient and fair review process that respects the privacy of
the voter, (b) ensure the security of the central count scanners used
before election day, and (c) ensure that ballots cast as provided in
this section are canvassed and counted as if cast on election day.
Statements of canvass by canvassing boards. Upon the
completion of the canvass the canvassing board shall make statements
thereof, showing separately the result for each office and ballot
proposal. Each such statement shall set forth, in words written out at
length, all votes cast for all candidates for each office; the name of
each candidate; the number of votes so cast for each, and, in the case
of a candidate who was nominated by two or more parties or independent
bodies, the number, separately stated, of votes cast for him as the
candidate of each party or independent body by which he was nominated;
and all votes so cast upon any ballot proposal, and all the votes so
cast in favor of and against the same respectively. Such statements
shall show the total number of unrecorded or blank votes and the total
number of votes cast for each office and each ballot proposal.
Such statements shall be certified as correct over the signatures of
the members of the board, or a majority of them, and such statements
together with any tabulation sheets showing the vote by election
districts from which such statements were made, shall be filed in the
office of the board of elections. The separate statement relating to
electors of president and vice-president shall be so filed immediately
upon the making, signing and certification thereof. To facilitate its
work, the board of elections may cause copies of such tabulation sheets
to be printed in pamphlet form.
Audit of voter verifiable audit records. 1. Within fifteen
days after each general or special election, within thirteen days after
every primary election, and within seven days after every village
election conducted by the board of elections, the board of elections or
a bipartisan committee appointed by such board shall audit the voter
verifiable audit records from three percent of voting machines or
systems within the jurisdiction of such board. Such audits may be
performed manually or via the use of any automated tool authorized for
such use by the state board of elections which is independent from the
voting system it is being used to audit. Voting machines or systems
shall be selected for audit through a random, manual process. At least
five days prior to the time fixed for such selection process, the board
of elections shall send notice by first class mail to each candidate,
political party and independent body entitled to have had watchers
present at the polls in any election district in such board's
jurisdiction. Such notice shall state the time and place fixed for such
random selection process. The audit shall be conducted in the same
manner, to the extent applicable, as a canvass of paper ballots. Each
candidate, political party or independent body entitled to appoint
watchers to attend at a polling place shall be entitled to appoint such
number of watchers to observe the audit.
2. Within three days of any election, the board of elections or a
bipartisan committee appointed by such board shall audit the central
count ballot scanners by auditing the ballots from three percent of
election districts that were tabulated by such scanners within the
jurisdiction of such board by that time. All provisions of this section
shall otherwise apply to such audit. To the extent additional ballots
are tabulated through central count ballot scanners after the initial
audit, three percent of election districts shall thereafter be audited
as to the additional ballots tabulated. The certification of the canvass
shall not await the completion of such additional audit; provided,
however, if upon the completion of such additional audit the criteria
are met for the results of the audit to replace the canvass then the
board of canvassers shall forthwith reconvene and adjust the canvass as
required.
3. The audit tallies for each voting machine or system shall be
compared to the tallies recorded by such voting machine or system, and a
report shall be made of such comparison which shall be filed in the
office of the state board of elections.
4. The state board of elections shall, in accordance with subdivision
four of section 3-100 of this chapter, promulgate regulations
establishing a uniform statewide standard to be used by boards of
elections to determine when a discrepancy between the audit tallies and
the voting machine or system tallies shall require a further voter
verifiable record audit of additional voting machines or systems or a
complete audit of all machines or systems within the jurisdiction of a
board of elections. Any board of elections shall be empowered to order
that any such audit shall be conducted whenever any such discrepancy
exists.
5. If a complete audit shall be conducted, the results of such audit
shall be used by the canvassing board in making the statement of canvass
and determinations of persons elected and propositions rejected or
approved. The results of a partial voter verifiable record audit shall
not be used in lieu of voting machine or system tallies.
6. Notwithstanding subdivision five of this section, if a voting
machine or system is found to have failed to record votes in a manner
indicating an operational failure, the board of canvassers shall use the
voter verifiable audit records to determine the votes cast on such
machine or system, provided such records were not also impaired by the
operational failure of the voting machine or system.
Determinations by county canvassing boards. 1. The canvassing
board shall determine each person elected by the greatest number of
votes to each county office, and each person elected by the greatest
number of votes to each city, town or village office of a city, town or
village of which it is the board of canvassers. The canvassing board
shall also determine whether any ballot proposal submitted only to the
voters of the county, or only to the voters of a city, town or village
of which it is the board of canvassers, as the case may be, has by the
greater number of votes been adopted or rejected.
2. All such determinations shall be in writing and signed by the
members of the canvassing board or a majority of them and filed and
recorded in the office of the board of elections. Except in the city of
New York and in the counties of Nassau, Orange and Westchester, the
board of elections shall cause a copy of such determinations, and of the
statements filed in its office upon which such determinations were
based, to be published once in each of the newspapers designated to
publish election notices and the official canvass. The statement of
canvass to be published, however, shall not give the vote by election
districts but shall contain only the total vote for a person, or the
total vote for and the total vote against a ballot proposal, cast within
the county, or within the portion thereof, if any, in which an office is
filled or ballot proposal is decided by the voters if the canvass of the
vote thereon devolves upon the county board of canvassers. Such totals
shall be expressed in arabic numerals.
3. The board of elections shall prepare and forthwith transmit to each
person determined by the canvassing board to have been elected a
certified statement, naming the office to which such canvassing board
has declared him elected.
4. The appropriate state or local election official shall establish a
free access system (such as a toll-free telephone number or an internet
website) that any individual who casts an affidavit ballot may access to
discover whether the vote of that individual was counted, and, if the
vote was not counted, the reason that the vote was not counted.
Transmission of statements of canvassing boards to state
board of elections and secretary of state. The board of elections shall
transmit by mail or cause to be delivered personally to the state board
of elections, a certified copy of the statement of the canvassing board
relating to the offices of electors of president and vice-president of
the United States, United States senator, representatives in congress
and state offices, including members of the state senate and assembly,
and to the votes cast on any ballot proposal submitted to all the voters
of the state, within twenty-five days after the election. If any
certified copy shall not be received by the state board on or before the
twenty-fifth day following a general election, or a special election, it
shall dispatch a special messenger to obtain such certified copy, and
the board of elections, immediately upon demand of such messenger at its
office, shall make and deliver a certified copy to such messenger who
shall deliver it forthwith to the state board.
The board of elections shall transmit to the secretary of state within
twenty-five days after a general election, and within twenty days after
a special election, a list of the names and residences of all persons
determined by the canvassing board to be elected to any county office.
The board of elections shall transmit to the state board, on or before
the tenth day of December following an election for governor, a
certified tabulated statement, by election districts, of the official
canvass of the votes cast for candidates for governor, to include, in
the case of a candidate who was nominated by two or more parties or
independent bodies, a separate statement of the number of votes cast for
him as the candidate of each party or independent body by which he was
nominated and if the county contains more than one assembly district or
parts of more than one assembly district, a statement of the number of
votes cast for governor by assembly district.
Canvass of statements of general and special elections by
state board of canvassers. 1. The state board of elections shall be the
state board of canvassers. The records of the state board of canvassers
shall be kept in the custody of the state board of elections, which
shall assign a deputy or other assistant to act as the clerk of said
board of canvassers.
2. The state board of canvassers shall canvass the certified copies of
the statements of the county board of canvassers of each county. They
shall canvass first the statements, if any, for the offices of president
and vice-president and next the statements, if any, for the office of
member of the state senate, and next the statements, if any, for the
office of member of the state assembly. Three members of the board
shall constitute a quorum. The state board of canvassers shall meet on
or before the fifteenth day, or, in a year when electors of president
and vice-president are chosen on or before the first Monday after the
first Wednesday, of December next after each general election, and
within forty days after each special election, to canvass such
statements. The board may adjourn from day to day, not exceeding a term
of five days. If any member of the board shall dissent from a decision
of the board or shall protest against any of the proceedings of the
board as irregular, he shall state such dissent or protest in a writing
signed by him setting forth his reasons and file it in the office of the
state board of elections.
3. Upon the completion of the canvass the board shall make separate
tabulated statements, signed by the members of the board or a majority
thereof, of the number of votes cast for all the candidates for each
office voted for, the number of votes cast for each of such candidates,
the number of votes cast in each county for each of them and if the
voters of any one district of the state voted for any such candidate,
the name and number of such district, the determination of the board as
to the persons elected to each office, the number of votes cast upon
each ballot proposal, the number of votes cast in favor of and against
each respectively, and the determination of the board as to whether it
was adopted or rejected.
4. Such tabulated statements shall be filed and recorded in the office
of the state board of elections. Thereupon, the state board of elections
shall transmit a certified copy of each such statement of votes cast for
candidates for any office to the person shown thereby to have been
elected to such office. The state board of elections shall prepare a
general certificate under the seal of the state and attested by the
members of the state board of elections, addressed to the house of
representatives of the United States, of the due election of all persons
chosen at that election as representatives of this state in congress,
and shall transmit the same to the house of representatives. If any
person so chosen at such election shall have been elected to fill a
vacancy in the office of representative in congress, the statement of
the state board of elections shall so specify.
Proceedings by boards of canvassers to carry into effect a
court order. 1. Upon the re-convening of the state board of canvassers
or any county board of canvassers, or of the board of elections of the
city of New York as a county or city board of canvassers, by order of a
court of competent jurisdiction, for the purpose of correcting an error
or of performing a duty imposed by law or by an order of the court
granted pursuant to law, the meeting for that purpose shall be deemed a
continuance of its regular session, and any new or corrected statement,
determination or certificate which is made to give effect to the order
shall stand in lieu of the original statement, determination or
certificate.
2. When a new or corrected statement or certificate, to give effect to
an order of the court, shall vary from the original statement or
certificate respecting the votes cast for an office for which the state
board of canvassers is required to canvass statements made by county
boards, the board of elections forthwith shall transmit certified copies
of the new or corrected statement or certificates to the state board of
elections. The state board of canvassers shall meet within five days
after such a certified copy has been received by the state board of
elections. From such certified copy, such board shall make a new
statement as to the votes for such office cast in the state or political
subdivision in which such office is filled, and shall determine and
declare what person or persons whose votes are affected by such new or
corrected statement have been, by the greatest number of votes, duly
elected to the office or offices. The state board of canvassers and the
state board of elections shall, respectively, have the same powers and
duties in respect to new or corrected statements that they have in
respect to original statements.
Record in office of secretary of state of county officers
elected. The secretary of state shall enter in a book to be kept in his
office, the names of the respective county officers elected in this
state, specifying the counties for which they were severally elected,
and their places of residence, the offices to which they were elected,
and their terms of office.
ARTICLE 10 Voting By Members of Armed Forces
Military voters; definitions. As used in this article the
following terms have the following meanings.
1. "Military service" means the military service of the state, or of
the United States, including the army, navy, marine corps, air force,
space force, coast guard, merchant marine and all components thereof,
and the coast and geodetic survey, the public health service, the
national guard when in the service of the United States pursuant to call
as provided by law, and the cadets or midshipmen of the United States
Military Academy, United States Naval Academy, United States Air Force
Academy, United States Merchant Marine Academy, and United States Coast
Guard Academy.
2. "Military voter" means a qualified voter of the state of New York
who is in the actual military service, as defined in the preceding
paragraph of this section, and by reason of such military service is
absent from his election district of residence on the day of
registration or election, or a voter who is discharged from such
military service within thirty days of an election and the spouse,
parent, child or dependent of such voter accompanying or being with him
or her, if a qualified voter and a resident of the same election
district.
3. "Military ballot" means the ballot prepared, printed and supplied
for use by the military voter for a general election, primary election
or special election.
4. "Military address" means the mailing address of a military voter
other than his residence address in his election district.
5. "Appropriate board of elections" means the board of elections in
whose jurisdiction the military voter resides as a qualified voter.
Military voters; right to vote. A military voter of this
state shall be entitled to vote as fully as if he were present at his
polling place and to register and vote in the manner hereinafter
provided except that the provisions of this article for absentee voting
in primary elections shall not apply to the party positions of members
of the ward, town, city or county committee.
Military voters; registration and application for ballots.
1. On or before the thirty-fifth day preceding an election the names
and addresses of all military voters who have filed applications for
military ballots by such day and who were not already registered shall
be registered by the board of elections in the election district of
residence of such military voter as hereinafter provided.
2. Such board of elections shall cause such military voter to be
registered in the manner provided by this chapter, and in the space
designated "other remarks" shall be entered the military address of such
voter or such military address shall be entered into the computer files
from which the computer generated registration list is prepared. Such
registration poll records shall be stamped or marked conspicuously with
the legend "Military Voter" or the records of such military voters in
such computer files shall be coded in a manner which distinguishes such
voters from the other voters in such files. The foregoing provisions of
this subdivision as to entry of the military address may be altered by
the state board of elections to such extent as may be necessary to the
security and safety of the United States. A military voter shall not be
required to register personally. An application for a military ballot
shall constitute permanent personal registration and a military voter
shall be deemed registered under the rules and regulations prevailing
under permanent personal registration upon the filing of his application
and the entering of his name in the appropriate registration records.
3. (a) In addition to any other method of registering to vote or of
applying for a military ballot, a military voter may request a voter
registration application or military ballot application by facsimile
transmission to the board of elections or pursuant to the Uniformed and
Overseas Citizens Absentee Voting Act or by electronic mail. When making
such a request, the military voter may designate a preference for
transmission of such voter registration application and military ballot
application pursuant to section 10-107 of this article.
(b) The military ballot application shall allow the military voter to
designate a preference for transmission of the military ballot pursuant
to section 10-107 of this article.
(c) The procedures for receiving documents from and transmitting
documents to a military voter shall, to the extent practicable, protect
the security and integrity of the military voter registration and
military ballot application request process and protect the privacy of
the military voter, including the voter's identity and other personal
data. Nothing in this paragraph shall limit the information that may be
obtained pursuant to section 3-220 of this chapter.
4. Not earlier than the ninetieth or later than the seventy-fifth day
before each general election, each county or city board of elections
shall send, in accordance with the preferred method of transmission
designated by the voter pursuant to section 10-107 of this article, to
each person who is registered as a military voter and to every other
military voter in such county or city for whom it has a military
address, an application for a military ballot for such general election
in a form prescribed by the state board of elections, which shall
include a place for such military voter to enroll in a party, and shall
include the return address of such board of elections.
5. The state board of elections shall forward to the appropriate board
of elections all applications for military ballots received by it. An
application from a military voter not previously registered must be
received by the appropriate board of elections not later than ten days
before a general, primary, or special election in order to entitle the
applicant to vote at such election. An application from a military voter
who is already registered must be received at least seven days before an
election in order to entitle the applicant to vote at such election;
except that an application from such a military voter who delivers their
application to the board of elections in person, must be received not
later than the day before the election.
6. The board of elections shall immediately add to such registration
records the name and residence and military address of every military
voter, who was not previously registered, pursuant to this chapter, from
whom it receives a valid application for a military ballot. If a valid
application for a military ballot is received by a board of elections
from a person already registered, other than as a military voter, from
the residence address set forth in such application, such board shall
mark the registration records of such voter in the same manner as the
registration records of other military voters.
7. The board of elections in each year shall cause a list of names,
residence addresses and, for a primary election, party enrollments of
military voters appearing on such registration poll records to be
prepared not later than seven days preceding an election. One copy shall
be kept at the office of the board of elections for public inspection.
The board shall transmit one copy to the chairman of each political
party in the county, upon written request.
7-a. If a federal post card application form is received from a person
who is qualified to vote as a military voter but who has not previously
registered pursuant to the provisions of this article, such federal post
card application form shall be treated in all respects as an application
for registration and enrollment as a military voter and for a military
ballot pursuant to the provisions of this article. If such a federal
post card application form is received from a person already registered
as a military voter pursuant to the provisions of this article, such
application shall be treated in all respects as an application for a
military ballot pursuant to the provisions of this article.
8. If the board of elections denies the application of a person in
military service to register to vote or to receive a military ballot,
such board of elections shall immediately send the applicant a written
explanation for such denial.
10. A qualified voter who shall have been inducted into or who shall
have enlisted in the military service and who shall not have taken his
oath of allegiance prior to thirty days preceding a general or special
election, or the spouse, parent or child residing in the same election
district as, and accompanying such voter, may register before the board
of elections of his county of residence, on or before the tenth day
preceding such election, provided he shall, on or before the day of such
election, actually be in the military service. Such voter shall then
receive a military ballot. Such registration record shall be stamped
with the legend "military voter".
11. A board of elections may send to any spouse, parent, or adult
child, brother or sister of a military voter serving inside or outside
of the continental limits of the United States, an application for a
military ballot, in a form prescribed by the state board of elections.
Such application shall be on a postcard addressed to the appropriate
board of elections and shall include the statement "I understand that
this application will be accepted for all purposes as the equivalent of
an affidavit and, if it contains a material false statement, shall
subject me to the same penalties as if I had been duly sworn". Such
application may be signed by the spouse, parent or adult child, brother
or sister of such military voter. Upon receipt of such an application
from such a relative of a military voter, the board of elections shall
mail a military ballot to such military voter together with an
application for a military ballot and instructions that such application
must be completed and returned together with the envelope containing the
military ballot. No ballot sent to a military voter upon the application
of a relative of such military voter shall be cast or canvassed unless a
completed application for military ballot signed by such military voter
is returned within the time limits for the receipt of the military
ballot itself.
12. If the board of elections receives notice from a military voter
that such voter has left the military service and is residing at his
residence address, such board shall cross out or otherwise obliterate
the "Military Voter" legend on such voter's registration records and
thereafter treat such records in the manner provided by this chapter for
regularly registered voters.
Military voters; designation of means of transmission by
military voters. 1. A military voter may designate a preference to
receive a voter registration application, a military ballot application
or a military ballot by mail, facsimile transmission or electronic mail.
Such designation shall remain in effect until revoked or changed by the
military voter. If a military voter does not designate a preference, the
board of elections shall transmit the voter registration application,
military ballot application or military ballot by mail. If a military
voter designates a preference for facsimile transmission or electronic
mail but does not provide the necessary facsimile number or e-mail
address, the board of elections shall transmit the voter registration
application, military ballot application or military ballot by mail and
request the omitted information. All communications to the military
voter shall include the mailing address of the board of elections.
2. Irrespective of the preferred method of transmission designated by
a military voter, a military voter's original completed voter
registration application, military ballot application and military
ballot must be returned by mail or in person notwithstanding that a
prior copy was sent to the board of elections by facsimile transmission
or electronic mail.
Military voters; distribution of ballots to. 1. (a) Ballots
for military voters shall be mailed or otherwise distributed by the
board of elections, in accordance with the preferred method of
transmission designated by the voter pursuant to section 10-107 of this
article, as soon as practicable but in any event not later than
forty-six days before a primary or general election; twenty-five days
before a New York city community school board district or city of
Buffalo school district election; fourteen days before a village
election conducted by the board of elections; forty-five days before a
special election; and twenty-three days before a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law. A voter who submits a military ballot application
shall be entitled to a military ballot thereafter for each subsequent
election through and including the next two regularly scheduled general
elections held in even numbered years, including any run-offs which may
occur; provided, however, such application shall not be valid for any
election held within seven days after its receipt. Ballots shall also be
mailed to any qualified military voter who is already registered and who
requests such military ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections not
later than the seventh day before the election for which the ballot is
requested and which states the address where the voter is registered and
the address to which the ballot is to be mailed. The board of elections
shall enclose with such ballot a form of application for military
ballot. In the case of a primary election, the board shall deliver only
the ballot of the party with which the military voter is enrolled
according to the military voter's registration records. In the event a
primary election is uncontested in the military voter's election
district for all offices or positions except the party position of
member of the ward, town, city or county committee, no ballot shall be
delivered to such military voter for such election; and the military
voter shall be advised of the reason why he or she will not receive a
ballot.
(b) Upon the proclamation of a special election by the governor or
otherwise pursuant to law, each board of elections shall, not later than
three days after the establishment of the date of such special election,
transmit by mail, facsimile transmission or electronic mail in
accordance with the preferred method of transmission designated by the
voter pursuant to section 10-107 of this article, a federal write-in
absentee ballot to all military voters eligible to vote by military
ballot in such special election.
(c) Each board of elections which is served with a court order
restraining or enjoining the issuance of ballots in any election, other
than a special election, in which any military voter is entitled to
receive a ballot shall immediately notify the state board of elections
of such fact and shall transmit in accordance with the preferred method
of transmission designated by the voter, a federal write-in absentee
ballot to all military voters eligible to vote in such election.
(d) A military voter who has received a federal write-in absentee
ballot shall be entitled to receive a certified ballot notwithstanding
the prior transmission of a federal write-in absentee ballot to such
voter pursuant to paragraph (b) or (c) of this subdivision. Such
certified military ballot shall be sent by the board of elections in
accordance with the preferred method of transmission designated by the
voter pursuant to section 10-107 of this article, or expedited mail if
the military voter has not expressed a preference to receive same by
facsimile transmission or electronic mail, and his or her request for a
military ballot was made at least thirty-two days before the election.
2. In the event that the board of elections of any county shall not
mail or otherwise distribute ballots to the military voters of such
county by the date required by this section, such board shall notify the
state board of elections in writing of the facts and reasons for such
non-compliance.
3. Thereafter, ballots shall be so distributed to persons whose names
and military addresses are added to the registration poll ledgers as
military voters, except that the military ballots may be delivered by
hand to military voters who personally file an application with the
board of elections of their county of residence. The military ballot
shall be delivered to such military voter together with a ballot
envelope and a second envelope addressed to the appropriate board of
elections on which is printed "Official Election Balloting Material--Via
Air Mail".
Military voters; cancellation of registration. 1. Voters
registered pursuant to this article shall be eligible to vote in every
election in which military voters are eligible to vote which is held
more than ten days after the date of the receipt of their applications
for such registration.
2. If any ballot, application form or other mail sent to a military
voter at his military address by the board of elections is returned by
the post office as undeliverable, the board of elections shall ascertain
whether the military voter is residing at the address given on his
registration records as his permanent address. If he is residing at such
address, the board shall not send him any further military ballots
unless he applies for them in the regular way, giving a new military
address. If such military voter is not residing at such permanent
address, the board of elections shall send a confirmation notice to such
military voter at his last military address pursuant to the provisions
of section 5-712 of this chapter and shall place the registration of
such voter in inactive status. However, if such a voter notifies the
board of elections that he has moved to a new military address, the
board shall restore the registration of such voter to active status in
the manner prescribed by section 5-213 of this chapter.
3. The board of elections shall process and preserve the records of
such registrations, including the original applications for such
registrations, in the same manner and for the same period of time as the
records of other voters registered under permanent personal
registration.
4. A military voter whose registration is cancelled pursuant to the
provisions of section 5-400 of this chapter shall be eligible to
reregister in the manner provided by this article.
5. Upon cancelling the registration of a military voter pursuant to
the provisions of section 5-400 of this chapter, the board of elections
shall forthwith notify such voter at his last military address and at
his permanent residence address of the fact of the cancellation, the
reason therefor, and of his right to reregister pursuant to this
article.
Military voter; voting. The military voter shall mark the
military ballot provided for in this article in the same manner as an
absentee ballot. After marking the ballot, he or she shall fold such
ballot and enclose it in the inner affirmation envelope bearing the
military voter's affirmation on the outside of the envelope and seal the
envelope. He or she shall then sign the affirmation, with the blanks
properly filled in. The inner affirmation envelope containing the
military ballot shall then be inserted in the outer envelope addressed
to the appropriate board of elections, which shall be mailed or
personally delivered to such board of elections of his or her county of
residence within the time limits provided by this chapter.
Military ballots; deadline for receipt, and delivery to
polling place. 1. The board of elections shall cause all military
ballots received by it before the close of the polls on election day and
all ballots contained in envelopes showing a cancellation mark of the
United States postal service or a foreign country's postal service, or
showing a dated endorsement of receipt by another agency of the United
States government or are signed and dated by the voter and one witness
thereto, with a date which is ascertained to be not later than the day
of the election and received by such board of elections not later than
seven days following the day of a primary election and not later than
thirteen days following the day of a general or special election to be
cast and counted.
2. The board of elections shall thereafter process such ballots in the
manner provided in this chapter for processing absentee ballots.
Military ballots; determination of candidates thereon. The
state board of elections and the county boards of elections shall
determine, three days before the first day for distribution of military
ballots, the names of all candidates duly nominated for public office
and the amendments, referenda, propositions and questions to be voted
for on such ballots. If at a later date the nomination of any candidate
named on a military ballot is found invalid, the ballot shall still be
valid, but no vote cast for any such candidate on such ballot shall be
counted at the election. The failure of the county board of elections to
include the name of any candidate or any amendment, referendum,
proposition or question on the military ballot shall in no way affect
the validity of the election with respect to the office for which the
nomination was made or the validity of the military ballot as to any
other matter.
Military voting; costs of. The cost of printing, mailing,
return postage, and all other costs and expenses incurred in connection
with the administration of this article (other than those of the state
board of elections), shall be a county charge, and in the city of New
York, shall be a city charge, and shall be appropriated and paid in the
same manner as all other election costs.
Military voter; early mail or absentee ballot, right to. Any
military voter may vote by early mail ballot or absentee ballot rather
than military ballot provided that he complies with the provisions of
this chapter relating thereto.
Military voting; state board of elections; regulatory
powers. 1. The state board of elections is hereby authorized to take
such steps and do such things as, in its opinion, are necessary to make
effective the provisions of any other legislation, in order to utilize
fully any federal or other facilities in the distribution of military
ballots. The state board of elections shall have power to adopt and
promulgate orders or regulations adopting, with respect to the military
voters of this state, the provisions of that legislation.
2. The state board of elections shall be responsible for providing
information regarding voter registration procedures and ballot
procedures applicable to military and special federal voters wishing to
register or vote in any jurisdiction of the state.
Military voters; prohibiting refusal to accept voter
registration and military ballot applications, marked military ballots,
and federal write-in absentee ballots for failure to meet certain
requirements. 1. A board of elections shall not refuse to accept and
process any otherwise valid voter registration application or military
ballot application (including the official post card form prescribed
under section 101 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 USC 1973ff)) or marked military ballot submitted by mail or
personally delivered, solely on the basis of the following:
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; or
(c) Restrictions on envelope type, including weight and size.
2. A board of elections shall not refuse to accept and process any
otherwise valid federal write-in absentee ballot submitted in any manner
by a military voter solely on the basis of the following:
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; or
(c) Restrictions on envelope type, including weight and size.
3. The state board of elections, in coordination with county boards of
elections, shall develop a free access system by which a military voter
may determine whether the military ballot of the military voter has been
received by the appropriate board of elections.
Military voting; applicability of general provisions. The
general provisions of this chapter shall apply to this article, except
as they are inconsistent herewith. The provisions of this article shall
be liberally construed for the purpose of providing military voters the
opportunity to vote. The state board of elections shall have power to
adopt and promulgate regulations to effectuate the provisions of this
article.
ARTICLE 11 Special Presidential and Special Federal Voters and Special Ballots
TITLE 1 Special Presidential Voters
Special presidential voters; change of residence; special
qualifications. Any person who shall change his residence from this
state to another state or from one county or city of this state to
another such county or city, after the thirtieth day next preceding any
presidential election shall be entitled to vote for president and vice
president of the United States in such election, provided, however, that
such person may not vote for any candidate for any other office or any
question to be voted for at such election, and provided further that
a. Such person was duly qualified and registered to vote in this state
immediately prior to such change of residence;
b. Such person is neither qualified nor able to qualify to vote for
such electors either in the state, or in the county or city of this
state, or at the residence within the county or city of this state to
which such person has removed; and
c. Such person has applied for a special ballot for president and vice
president, as provided by this article.
Registration and application for special presidential
ballot. 1. a. A person who, pursuant to the provisions of this title, is
qualified to vote for president and vice president of the United States
may apply to the board of elections of his county of residence next
preceding the place of his current residence for a special ballot for
president and vice president. Such applications must be mailed to such
board of elections not later than the seventh day before the election or
delivered to such board not later than the day of such election.
b. Insofar as the provisions of this chapter providing for voting in
person or by absentee ballot do not conflict with any provision of this
section, such provisions apply to a person authorized to vote under this
article. In the case of any such conflict, the provision of this
section shall prevail and such other provision of this chapter shall not
apply.
2. a. A form of application for a special ballot under this section
shall be furnished by the board of elections to the applicant who shall
request such form within the time prescribed therefor. In addition,
application forms shall be supplied to the applicant's spouse, parent or
child, a person residing with the applicant as a member of his
household, or the applicant's duly authorized agent.
b. The board of elections shall mail a special presidential ballot to
every qualified voter otherwise eligible for such a ballot, who requests
such a special presidential ballot from such board of elections in a
letter, which is signed by the voter and received by the board of
elections not earlier than the thirtieth day nor later than the seventh
day before the election and which states the address where the voter is
registered and the address to which the voter has moved and the date of
such move. The board of elections shall enclose with such ballot a form
of application for special presidential ballot.
c. The application shall be made and signed by the applicant at the
places thereon provided for such purpose and he shall set forth therein
all of the facts required to establish his qualifications to register
and vote under this article.
d. The form for use under subdivision one of this section shall be of
a distinctive color and in the form prescribed by the state board of
elections.
Processing of applications by board of elections. 1. The
application forms shall be in a form prescribed by the state board of
elections.
2. Upon receipt of the application, the board of elections shall
determine upon such inquiry as it deems proper whether the applicant has
answered all the questions contained in the application and whether the
applicant is legally qualified to receive and vote a special
presidential ballot, and, if it finds he is not so qualified, shall
reject the application and shall notify the applicant of such rejection
and give the reason or reasons therefor. All investigations by the board
of elections shall be concluded and all determinations made not later
than the sixth day before election.
3. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special presidential ballot, it shall, as soon as practicable
after it shall have so determined, mail to him at the residence address
shown in his application, or deliver to him, or to any person designated
by him in writing for such purpose, at the office of the board, such a
special presidential ballot and an envelope therefor.
4. The board of elections shall keep a register of the persons who
have made and signed applications for special presidential ballots and
of the applicants who have been determined to be qualified. The board
shall keep open to public inspection such register of applicants with
their names, addresses and application dates and shall give to the
chairman of each political party in the county a complete list of
applicants for special presidential ballots, containing their names and
places of residence, including the election district and ward, if any,
and, in the city of New York and the county of Nassau, the assembly
district.
5. The board of elections shall file each original application filed
with it and shall maintain an alphabetical index thereof for a period of
three years after the election.
Special presidential voters lists. Prior to each general
election at which presidential electors are to be elected, each board of
elections shall prepare for each election district within its
jurisdiction a list containing the names, alphabetically arranged, and
the addresses of all persons whom the board of elections has determined
to be qualified as special presidential voters in such election
district, which list shall contain a column headed "remarks". Such list
shall be designated "List of Special Presidential Voters" and shall
include a photostatic copy or duplicate of the signature of each person
on such list. In those counties in which special presidential ballots
are delivered to the boards of inspectors to be counted, such lists of
special presidential voters shall be delivered to such boards of
inspectors with the election supplies.
Special presidential ballots; deadline for receipt. 1. To be
counted, any ballot cast under the provisions of this article must be
received by the appropriate board of elections not later than the close
of the polls on election day except that all ballots contained in
envelopes showing a cancellation mark of the United States postal
service, or a foreign country's postal service with a date which is
ascertained to be not later than the day of the election, shall be cast
and counted if received by the board of elections not later than seven
days following the day of election.
2. Special presidential ballots received by the board of elections
before the close of the polls on election day may be delivered to the
inspectors of election in the manner prescribed by this chapter for
absentee ballots or retained by the board of elections and cast and
canvassed pursuant to the provisions of section 9-209 of this chapter as
such board shall, in its discretion, determine by resolution adopted at
least thirty days before election day. All ballots received by the board
of elections between election day and the seventh day after election day
shall be retained at the board and shall be cast and canvassed in the
same manner as other ballots retained by such board.
Application of other provisions. 1. Except as otherwise
provided in this title, special presidential ballots shall be furnished,
mailed, voted, returned, counted, canvassed and preserved as elsewhere
provided in this chapter for absentee voters' ballots.
2. All the provisions of this chapter relating to crimes against the
elective franchise shall be deemed to apply with respect to and in
connection with the operation of this title.
3. The general provisions of this chapter shall apply with respect to
this title except as they are inconsistent with this title, and the
provisions of this title shall be construed liberally for the purposes
herein expressed or intended.
TITLE 2 Special Federal Voters
Special federal voters; qualifications. 1. Every citizen of
the United States now residing outside the United States whose last
domicile in the United States immediately prior to his departure from
the United States was in the state of New York, shall be entitled to
vote from such last domicile, as a special federal voter in all primary,
special and general elections for the public offices or party positions
of president and vice-president of the United States, United States
senator, representative in congress and delegates and alternate
delegates to a national convention, provided such citizen, at the time
of such departure from the United States, could have met all the present
qualifications of this chapter to vote in federal elections from such
last domicile, except the qualification with respect to minimum voting
age, even though such citizen does not now maintain a place of abode or
domicile in the state of New York, and provided further that such
citizen does not maintain a place of abode or domicile, is not
registered to vote and is not voting in any other election district,
state, territory or possession of the United States and provided further
that such citizen has a valid passport or card of identity and
registration issued under the authority of the secretary of state of the
United States.
1-a. Every citizen of the United States of voting age, residing
outside of the United States, who has never resided within the United
States, and who has one parent who qualifies as a special federal voter
under subdivision one of this section, may register and vote as a
special federal voter, from the qualifying parent's New York address,
provided that person is otherwise qualified and eligible to vote.
2. Every person registered pursuant to this title shall continue to be
eligible to vote in all elections in which special federal voters are
eligible to vote except that in order to vote at a primary election of a
party, a voter registered pursuant to this title must have been so
registered and enrolled in such party before the previous general
election; or, if such voter was not registered in New York state for the
previous general election, such voter must so register and enroll in
such party not later than ten days before such primary; or, if such
voter was registered in New York state for the last general election,
such voter must have had the same party enrollment with such
registration as such voter sets forth on their application for
registration and enrollment as a special federal voter.
3. A special federal voter who moves from one address outside the
United States to another address outside the United States shall not
have to reregister unless his registration is cancelled pursuant to the
provisions of section 5-400 of this chapter.
Registration and enrollment of special federal voters and
application for special federal ballot. 1. a. A person, who, pursuant to
this title, is qualified to vote as a special federal voter may, by
application received by the state board of elections or any local board
of elections on or before the tenth day next preceding any election in
which such person would be entitled to vote or the last day of local
registration for such election, whichever is later, apply to the board
of elections of the county in which they resided in person or by
personal application by mail for registration and enrollment as a
special federal voter. An application for registration and enrollment
pursuant to this article shall be treated as an application for a
special federal ballot for every election in which the applicant would
be eligible to vote which is held through and including the next two
regularly scheduled general elections held in even numbered years,
including any run-offs which may occur.
b. A person who, pursuant to the provisions of this title, is already
registered as a special federal voter, may, by application received by
the state board of elections or any local board of elections, apply to
the board of elections of the county in which he is so registered in
person or by mail for a special federal ballot. Such an application
shall entitle such a voter to receive a ballot for every election in
which such voter is entitled to vote which is held through and including
the next two regularly scheduled general elections held in even numbered
years, including any run-offs which may occur, provided, however, such
application shall not apply to any election held on or before the
seventh day after receipt of such application.
c. Insofar as the provisions of this chapter providing for permanent
personal registration and enrollment, and enrollment by mail or special
enrollment, and voting in person or by absentee ballot do not conflict
with any provision of this title, such provisions shall apply to a
person authorized to register and vote under this title; in the case of
any such conflict, the provision of this title shall prevail and such
other provision of this chapter shall not apply. For the purposes of
this title, any person eligible pursuant to the provisions of this
chapter to vote by absentee ballot shall be eligible for absentee
registration and enrollment.
d. In addition to any other method of registering to vote or of
applying for a special federal ballot, a special federal voter may
request a voter registration application or request a special federal
ballot application by facsimile transmission to the board of elections
or pursuant to the Uniformed and Overseas Citizens Absentee Voting Act
or by electronic mail. When making such a request, the special federal
voter may designate a preference for transmission of such voter
registration application and special federal ballot application pursuant
to section 11-203 of this title.
e. The special federal ballot application shall allow the special
federal voter to designate a preference to receive the special federal
ballot pursuant to section 11-203 of this title.
f. The procedures for receiving documents from and transmitting
documents to a special federal voter shall, to the extent practicable,
protect the security and integrity of the special federal voter
registration and special federal ballot application request process and
protect the privacy of the special federal voter, including the voter's
identity and other personal data. Nothing in this paragraph shall limit
the information that may be obtained pursuant to section 3-220 of this
chapter.
2. a. A form of application for registration and enrollment as a
special federal voter and for a special federal ballot or a form of
application for a special federal ballot by persons registered pursuant
to this title shall be furnished by the board of elections to the
applicant who shall request such form within the time limited therefor.
The application shall be made and signed by the applicant at the places
thereon provided for such purpose and such applicant shall set forth
therein all of the facts required to establish his qualifications to
register and vote under this title.
b. The forms for use under this section shall be of a distinctive
color and substantially in the form prescribed by the state board of
elections and shall elicit all the information which may be necessary to
determine eligibility to register and vote pursuant to the provisions of
this title.
Special federal voters; designation of means of transmission
by special federal voters. 1. A special federal voter may designate a
preference to receive a voter registration application, a special
federal ballot application or a special federal ballot by mail,
facsimile transmission or electronic mail. Such designation shall remain
in effect until revoked or changed by the special federal voter. If a
special federal voter does not designate a preference, the board of
elections shall transmit the voter registration application, special
federal ballot application or special federal ballot by mail. If a
special federal voter designates a preference for facsimile transmission
or electronic mail but does not provide the necessary facsimile number
or e-mail address, the board of elections shall transmit the voter
registration application, special federal ballot application or special
federal ballot by mail and request the omitted information. All
communications to the special federal voter shall include the mailing
address of the board of elections.
2. Irrespective of the preferred method of transmission designated by
a special federal voter, a special federal voter's original completed
voter registration application, special federal ballot application and
special federal ballot must be returned by mail or in person
notwithstanding that a prior copy was sent to the board of elections by
facsimile transmission or electronic mail.
Processing of applications by board of elections. 1. The
registration application forms shall be in a form prescribed by the
state board of elections.
2. Upon receipt of an application, the board of elections shall
determine upon such inquiry as it deems proper whether the applicant has
answered all the questions contained in the application and whether the
applicant is legally qualified to receive and vote a special federal
ballot. If it finds he is not so qualified, the board shall reject the
application and shall notify the applicant of such rejection and give
the reason or reasons therefor in accordance with the preferred method
of transmission designated by the voter pursuant to section 11-203 of
this title. All investigations by the board of elections shall be
concluded and all determinations made not later than the twentieth day
before election.
3. If a federal post card application form is received from a person
who is qualified to vote as a special federal voter but who has not
previously registered pursuant to the provisions of this title, such
federal post card application form shall be treated in all respects as
an application for registration and enrollment and a special federal
ballot pursuant to the provisions of this title. If such a federal post
card application form is received from a person already registered as a
special federal voter pursuant to the provisions of this title, such
application shall be treated in all respects as an application for a
special federal ballot pursuant to the provisions of this title.
4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than forty-six days before each
general or primary election or special election in which such applicant
is qualified to vote, or three days after receipt of such an
application, whichever is later, mail to him or her at the residence
address outside the United States shown in his or her application, a
special federal ballot, an inner affirmation envelope and an outer
envelope, or otherwise distribute same to the voter in accordance with
the preferred method of transmission designated by the voter pursuant to
section 11-203 of this title. The board of elections shall also mail, or
otherwise distribute in accordance with the preferred method of
transmission designated by the voter pursuant to section 11-203 of this
title, a special federal ballot to every qualified special federal voter
who is already registered and who requests such special federal ballot
from such board of elections in a letter, which is signed by the voter
and received by the board of elections not later than the seventh day
before the election for which the ballot is first requested and which
states the address where the voter is registered and the address to
which the ballot is to be mailed. The board of elections shall enclose
with such ballot a form of application for a special federal ballot.
5. The board of elections shall keep a list of the persons who have
made and signed applications for special federal ballots and of the
applicants who have been determined to be qualified. The board shall
keep open to public inspection such list of applicants with their names,
addresses, party enrollments, and application dates and shall give to
the chairman of each political party in the county fifteen days before
each election, a complete list of special federal voters eligible to
vote in such election. Such list shall contain the names, party
enrollments for a primary election and places of previous residence
including the election district and ward, if any, and, in the city of
New York and the county of Nassau, the assembly district of all such
voters.
Special federal voters; preparation of registration poll
records and central file registration records. 1. The board of elections
shall prepare a registration poll record and a central file registration
record for each voter registered pursuant to this title or shall enter
the name of each such voter into the computer files from which the
computer generated registration list is prepared. Each such registration
record shall be endorsed on both the front and rear with the endorsement
"special federal voter". The records of special federal voters in such
computer files shall be coded in a manner which distinguishes such
voters from the other voters in such files.
3. The central file registration records of special federal voters
shall be maintained in a separate file at the appropriate office of the
board of elections.
4. The registration poll records of special federal voters shall be
filed, in alphabetical order, by election district. At each election at
which special federal voters are eligible to vote, the registration poll
records of all special federal voters shall be delivered to such
inspectors of election together with the other registration poll records
or the names of such voters shall be included in the computer generated
registration list. Such records shall be delivered either in a separate
poll ledger or a separate, clearly marked section, of the main poll
ledger or be clearly marked in the computer generated registration list
as the board of elections shall determine.
Special federal voters; cancellation of registration. 1.
Voters registered pursuant to this title shall be eligible to vote in
every election in which special federal voters are eligible to vote
which is held on or after the thirtieth day after receipt of their
applications for such registration.
2. If any ballot, application form or other mail sent to a special
federal voter at his address outside the United States by such board is
returned by the post office as undeliverable, the board of elections
shall send a confirmation notice to such special federal voter at such
address pursuant to the provisions of section 5-712 of this chapter and
shall place the registration of such voter in inactive status. If the
board of elections subsequently receives notice of a new address outside
the United States for such voter, or notice that the voter is still at
the same address outside the United States, the board shall restore the
registration of such voter to active status in the manner prescribed by
section 5-213 of this chapter.
3. The board of elections shall process and preserve the records of
such registrations, including the original applications for such
registrations, in the same manner and for the same period of time as the
records of other voters registered under permanent personal
registration.
4. A special federal voter whose registration is cancelled pursuant to
the provisions of section 5-400 of this chapter shall be eligible to
reregister in the manner provided by this title.
5. Upon cancelling the registration of a special federal voter
pursuant to the provisions of section 5-400 of this chapter, the board
of elections shall forthwith notify such voter at his last address
outside the United States of the fact of the cancellation, the reason
therefor, and of his right to reregister pursuant to this title.
Special federal voters; distribution of applications for
ballots. 1. Not earlier than sixty or later than forty days before each
general or primary election in which special federal voters are eligible
to vote, the board of elections shall mail to each voter who is eligible
to vote in such election and who was registered pursuant to this title
for the previous election at which such voters were eligible to vote,
the application for a special federal ballot provided for by this title;
provided, however, the board of elections shall not send such an
application to any person who has applied for a ballot and who is
entitled to receive a ballot for such election.
2. If a special election for representative in congress is called by
proclamation of the governor, such an application shall be mailed to
each voter registered pursuant to this title, who is eligible to vote in
such special election, not later than three days after the issuance of
the proclamation for such special election; provided, however, the board
of elections shall not send such an application to any person who has
applied for a ballot and who is entitled to receive a ballot for such
election.
Special federal ballots; deadline for receipt. All special
federal ballots received by the board of elections before the close of
the polls on election day shall be retained by the board of elections
and cast and canvassed pursuant to section 9-209 of this chapter. All
ballots contained in envelopes showing a cancellation mark of the United
States postal service or a foreign country's postal service, or showing
a dated endorsement of receipt by another agency of the United States
government, with a date which is ascertained to be not later than the
day of the election, shall be cast and counted if received by the board
of elections not later than seven days following the day of a primary
election or thirteen days following the day of a general or special
election except that the special federal ballot of a voter who requested
such ballot by letter, rather than application, shall not be counted
unless a valid application form, signed by such voter, is received by
the board of elections with such ballot. All ballots received by the
board of elections and all federal write-in ballots received from
special federal voters not later than seven days following the day of a
primary election or thirteen days following the day of a general or
special election, shall be retained at the board and shall be cast and
canvassed in the same manner as other ballots retained by such board.
Use of airmail. All ballots, applications, notices or other
mail sent, pursuant to the provisions of this title, to addresses
outside the United States, Canada or Mexico, shall be sent by airmail.
Forwarding of applications and ballots. 1. If the state
board of elections receives any applications, requests for applications
or ballots from persons who are or may be eligible to vote pursuant to
this title, it shall forthwith forward such applications or ballots to
the board of elections in whose jurisdiction such persons are or may be
so eligible.
2. If a board of elections receives any applications, requests for
applications or ballots from persons who are or may be eligible to vote,
pursuant to this title, from an address in the jurisdiction of another
board of elections, the board receiving such applications or ballots
shall forthwith mail them by first class mail to the board of elections
in whose jurisdiction such persons are or may be so eligible.
3. (a) Upon the proclamation of a special election by the governor or
otherwise pursuant to law, each board of elections shall, not later than
three days after the establishment of the date of such special election,
transmit by mail, facsimile transmission or electronic mail in
accordance with the preferred method of transmission designated by the
voter pursuant to section 11-203 of this title, a federal write-in
absentee ballot to all special federal voters eligible to vote by
special federal ballot in such special election.
(b) Each board of elections which is served with a court order
restraining or enjoining the issuance of ballots in any election, other
than a special election, in which any special federal voter is entitled
to receive a ballot shall immediately notify the state board of
elections of such fact and shall transmit in accordance with the
preferred method of transmission designated by the voter, a federal
write-in absentee ballot to all special federal voters eligible to vote
in such election.
(c) A special federal voter who has received a federal write-in
absentee ballot shall be entitled to receive a certified ballot
notwithstanding the prior transmission of a federal write-in absentee
ballot to such voter pursuant to paragraph (a) or (b) of this
subdivision. Such certified special federal ballot shall be sent by the
board of elections in accordance with the preferred method of
transmission designated by the special federal voter pursuant to section
11-203 of this title, or expedited mail if the special federal voter has
not expressed a preference to receive same by facsimile transmission or
electronic mail, and his or her request for a special federal ballot was
made at least thirty-two days before the election.
Application of other provisions. 1. Except as otherwise
provided in this title, special federal ballots shall be furnished,
mailed, voted, returned, counted, canvassed and preserved as elsewhere
provided in this chapter for absentee voters' ballots.
2. Except as otherwise provided in this title, all the provisions of
this chapter with respect to registration, enrollment, special
enrollment, correction of enrollment and change of enrollment shall be
deemed to apply with respect to and in connection with the operation of
this title.
3. All the provisions of this chapter relating to crimes against the
elective franchise shall be deemed to apply with respect to and in
connection with the operation of this title.
4. The general provisions of this chapter shall apply with respect to
this title except as they are inconsistent with this title, and the
provisions of this title shall be construed liberally for the purposes
herein expressed or intended.
Special federal voters; prohibiting refusal to accept voter
registration and special federal ballot applications, marked special
federal ballots, and federal write-in absentee ballots for failure to
meet certain requirements. 1. A board of elections shall not refuse to
accept and process any otherwise valid voter registration application or
special federal ballot application (including the official post card
form prescribed under section 101 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 USC 1973ff)) or marked special federal ballot
submitted by mail or personally delivered, solely on the basis of the
following:
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; or
(c) Restrictions on envelope type, including weight and size.
2. A board of elections shall not refuse to accept and process any
otherwise valid federal write-in absentee ballot submitted in any manner
by a special federal voter solely on the basis of the following:
(a) Notarization requirements;
(b) Restrictions on paper type, including weight and size; or
(c) Restrictions on envelope type, including weight and size.
3. The state board of elections, in coordination with county boards of
elections, shall develop a free access system by which a special federal
voter may determine whether the special federal ballot of the special
federal voter has been received by the appropriate board of elections.
Federal voting; applicability of general provisions. The
general provisions of this chapter shall apply to this article, except
as they are inconsistent herewith. The provisions of this article shall
be liberally construed for the purpose of providing special federal
voters the opportunity to vote. The state board of elections shall have
power to adopt and promulgate regulations to effectuate the provisions
of this article.
TITLE 3 Special Ballots
Special ballots on account of religious scruples. A voter
may deliver to the inspectors of election of the election district in
which he is registered, or to the board of elections, at any time during
the period in which an application for early mail or absentee ballot may
be so delivered pursuant to the provisions of this chapter, a written
statement of religious scruples against voting at a polling place
located in a premises used for religious purposes. In the event the
polling place for any such voter's election district shall be located in
a premises used for religious purposes, the board of elections shall
permit such voter to cast a special ballot, at an office of such board
of elections, not earlier than one week before the election and not
later than the close of the polls on election day. Such ballots shall be
retained at the board of elections and cast and canvassed pursuant to
the provisions of section 9-209 of this chapter.
Special ballots for board of election employees. A person
who is an employee of the board of elections or who has been appointed
to serve as an inspector of elections, poll clerk or election
coordinator at a polling place other than the one at which he or she is
registered to vote, may deliver to the inspectors of election of the
election district in which he or she is registered, or to the board of
elections, at any time during the period in which an application for an
absentee ballot may be so delivered pursuant to the provisions of this
chapter, a written statement that he or she will be unable to appear at
the polling place for such election district on the day of an election
because his or her duties as an employee of such board or as an
inspector, poll clerk or election coordinator require him or her to be
elsewhere. The board of elections shall provide such voter a special
ballot any time prior to the close of the polls on election day,
provided however that the distribution of such ballots to such voters
shall be timed to afford such voters sufficient time to cast such
ballots prior to the close of the polls on election day. Such cast
ballots may be delivered to an office of such board of elections or to
any board of inspectors not later than the close of the polls on
election day. Such ballots shall be retained at the board of elections
and cast and canvassed pursuant to the provisions of section 9-209 of
this chapter.
Special ballots; victims of domestic violence. 1. A voter
may deliver to the board of elections, in person or by mail, at any time
during the period in which early mail or absentee ballot applications
may be delivered, a signed written statement swearing or affirming:
(a) that he or she is the victim of domestic violence;
(b) that he or she has left his or her residence because of such
violence; and
(c) that because of the threat of physical or emotional harm to
himself or herself or to family or household members, he or she wishes
to cast a special ballot in the next election. The statement must
include the voter's address of registration. The board of elections
shall permit such a voter to cast a special ballot at an office of such
board of elections not later than the close of the polls on election
day, or by mail within the same time and in the same manner in which
early mail or absentee ballots may be cast, provided however that the
distribution of such ballots to such voters shall be timed to afford
such voters sufficient time to cast such ballots prior to the close of
the polls on election day. Such ballots shall be retained at the board
of elections and cast and canvassed pursuant to the provisions of
section 9-209 of this chapter.
2. "Family or household members" mean the following individuals:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another regardless of whether they
still reside in the same household;
(d) persons who have a child in common regardless of whether such
persons are married or have lived together at any time; or
(e) persons who are not related by consanguinity or affinity and who
are or have been in an intimate relationship regardless of whether such
persons have lived together at any time.
Special ballots for emergency responders. 1. A registered
voter who serves as an emergency responder in times of emergency, as
declared by the governor or a court of competent jurisdiction, may apply
to the board of elections by letter or special application via mail,
facsimile or e-mail, for a special ballot. Such application or letter
may be delivered to the board of elections at any time prior to any
election, without regard to deadlines for the receipt of early mail or
absentee ballot applications.
2. Emergency responders may utilize an early mail or absentee ballot
application to request a special ballot, or may file a written statement
that he or she will be unable to appear at the polling place on the day
of an election because his or her duties as an emergency responder
require such voter to be elsewhere. The emergency responder shall
designate a preference for the receipt of a special ballot. The board of
elections shall provide such voter a special ballot immediately upon
such request, and shall utilize overnight express delivery for such mail
ballot delivery. If the designated preference is for facsimile or
electronic transmission, the ballot shall be furnished in the same
manner applicable to military voters who request ballots in such format.
3. Such cast ballots may be delivered to any office of any board of
elections in the state, or to any open poll site not later than the
close of the polls on election day.
4. Emergency responders shall receive assistance from any board of
elections in the state in relation to applying for, casting and return
delivery of a special ballot, including facsimile and electronic
transmission services, ballot envelope templates if necessary, and any
other component of the special ballot election process that will help
ensure the enfranchisement of such emergency responder.
5. Emergency responder special ballots received by boards of elections
from voters under the jurisdiction of another board of elections shall
be date and time-stamped and immediately forwarded to the voter's board
of elections. Such ballots shall be timely if the time stamp of the
first receiving board of elections is timely. Such ballots shall be cast
and canvassed pursuant to the provisions of section 9-209 of this
chapter and where an emergency responder's ballot and envelope is not
standard in appearance, it shall be cast and canvassed consistent with
the provisions of section 10-125 of this chapter.
6. For purposes of this section, "emergency responders" shall include
all persons called upon to provide emergency support, relief or other
services, in the response to natural disasters, acts of terrorism or
sabotage, fire, power failure, and such other circumstances which prompt
the governor or a court of competent jurisdiction to declare such
emergency. Emergency responders include, but are not limited to, medical
personnel, military personnel, utility company or similar contract
employees, fire department personnel, police department personnel, local
and state emergency management personnel, and other state and local
government employees providing emergency response services.
7. The state board of elections shall develop and distribute to boards
of elections, sample forms and procedures to ensure the participation of
emergency responders in any election conducted by a board of elections.
ARTICLE 12 Presidential Electors and Federal Elected Officers
TITLE 1 Presidential and Vice Presidential Electors
Electors of president and vice president. At the general
election in November preceding the time fixed by law of the United
States for the choice of president and vice president of the United
States, as many electors of president and vice president of the United
States shall be elected, as this state shall be entitled to. Each vote
cast for the candidates of any party or independent body for president
and vice president of the United States and each vote cast for any
write-in candidates for such offices shall be deemed to be cast for the
candidates for elector of such party or independent body or the
candidates for elector named in the certificate of candidacy of such
write-in candidates.
Lists of electors; state board of elections to furnish. At
least six days before the time fixed for the meeting of the electors
pursuant to section 12-104 of this title, the state board of elections
shall:
1. prepare seven lists, containing the names of the persons who are
elected as electors, a canvass of the votes cast for each candidate for
elector, a certificate of determination by the state board of
canvassers, the signature of the governor, the seal of the state, and
imprinted on such list an embossment of the seal of the state as a
security feature for purposes of verifying the authenticity of such
list; and
2. on behalf of the governor, transmit immediately after the
preparation of such lists one copy of such list to the archivist of the
United States by the most expeditious method available and deliver the
six other copies thus signed and sealed to the president of the college
of electors immediately after their election.
Electoral college; meeting and organization. The electors
shall convene at the state capitol upon notice from, and at a place
fixed by the secretary of state on the first Tuesday after the second
Wednesday in December next following their election. Those of them who
shall be assembled at twelve o'clock noon of that day shall immediately
at that hour fill, by majority vote, all vacancies in the electoral
college occasioned by the death, refusal to serve, or neglect to attend
at that hour, of any elector, or any vacancies occasioned by an equal
number votes having been given for two or more candidates. The electoral
college being thus completed, they shall then choose a president and one
or more secretaries from their own body.
Electoral college; vote of the electors. Immediately after
the organization of the electoral college, the electors shall then and
there vote by ballot for president and vice president, but no elector
shall vote for more than one person who is a resident of this state.
They shall name in separate ballots the persons voted for as president
and vice president. They shall make and sign six certificates of vote of
all the votes given by them, each of which certificates shall contain
two distinct lists, one with the votes for president and one with the
votes for vice president. There shall be annexed to each of the
certificates of vote one of the lists of electors which shall have been
furnished to them by the state board of elections pursuant to section
12-102 of this title. They shall seal up the certificates of vote so
made and certify upon each that the lists of all the votes of this state
given for president and vice president are contained therein.
Notwithstanding any other section of law besides title four of this
article, each elector shall cast his or her ballot for president and
vice president for the candidates for these offices who were nominated
by the political party that nominated the presidential elector. Refusal
or failure to vote for the candidates for president and vice president
who were nominated by the political party that nominated the
presidential elector shall constitute a resignation from the office of
elector, and any such vote by an elector shall not be recorded. The
ballots used by the elector shall bear the name of the elector. The
remaining electors shall forthwith fill the vacancy in accordance with
section 12-104 of this title. Nothing in this subdivision shall be
interpreted as modifying or repealing title four of this article, the
agreement among the states to elect the president by national popular
vote.
Electoral college; certificate of vote, how distributed. The
president of the electoral college shall immediately transmit the
certificates of vote so made pursuant to section 12-106 of this title
with the lists attached thereto. Such transmission of each such
certificate shall occur at the same time, in the most expeditious method
available, in the following manner:
1. one certificate to the president of the United States senate at the
seat of the federal government.
2. two certificates to the state board of elections, one of which
shall be held by it subject to the order of the president of the United
States senate or the archivist of the United States, as appropriate,
pursuant to the laws of the United States and the other shall be
preserved for one year and shall be a part of the public records of the
board and be open to public inspection.
3. two certificates to the archivist of the United States at the seat
of the federal government.
4. the other certificates to the chief judge of the United States
District Court of the northern district of the state of New York.
Electors; compensation. Every elector of the state who shall
attend at any meeting of the electoral college and give his vote at the
time and place appointed by law, shall be entitled to receive for his
attendance at such election, the sum of fifteen dollars per day,
together with thirteen cents per mile each way from his place of
residence by the most usual traveled route, to the place of meeting of
such electors, to be audited by the comptroller upon the certificate of
the secretary of state.
TITLE 2 United States Senators
United States senators; election of. At the general election
next preceding the expiration of the term of office of a United States
senator from this state, a United States senator shall be elected by the
people for a full term of six years. Elections to fill a vacancy for an
unexpired term shall be held as provided in the public officers law.
TITLE 3 Representatives In Congress
Representatives in congress; election of. Representatives in
the house of representatives of the congress of the United States shall
be chosen in the several congressional districts at the general election
held in every even-numbered year. Elections to fill a vacancy for an
unexpired term shall be held as provided in the public officers law.
TITLE 4 Agreement Among the States to Elect the President By National Popular Vote
* § 12-400. Short title. This title shall be known and may be cited as
"agreement among the states to elect the president by national popular
vote".
* NB Effective upon notification by the commissioner of the state
board of elections upon the occurence of the adoption of the agreement
among the states to elect the president by national popular vote by two
or more states.
* § 12-402. Adoption and text of compact. The agreement among the
states to elect the president by national popular vote is adopted and
enacted into law as follows:
ARTICLE I
Membership. Any state of the United States and the District of
Columbia may become a member of this agreement by enacting this
agreement.
ARTICLE II
Right of the people in member states to vote for president and vice
president. Each member state shall conduct a statewide popular election
for president and vice president of the United States.
ARTICLE III
Manner of appointing presidential electors in member states. 1. Prior
to the time set by law for the meeting and voting by the presidential
electors, the chief election official of each member state shall
determine the number of votes for each presidential slate in each state
of the United States and in the District of Columbia in which votes have
been cast in a statewide popular election and shall add such votes
together to produce a "national popular vote total" for each
presidential slate.
2. The chief election official of each member state shall designate
the presidential slate with the largest national popular vote total as
the "national popular vote winner".
3. The presidential elector certifying official of each member state
shall certify the appointment in that official's own state of the
elector slate nominated in that state in association with the national
popular vote winner.
4. At least six days before the day fixed by law for the meeting and
voting by the presidential electors, each member state shall make a
final determination of the number of popular votes cast in the state for
each presidential slate and shall communicate an official statement of
such determination within twenty-four hours to the chief election
official of each other member state.
5. The chief election official of each member state shall treat as
conclusive an official statement containing the number of popular votes
in a state for each presidential slate made by the day established by
federal law for making a state's final determination conclusive as to
the counting of electoral votes by congress.
6. In event of a tie for the national popular vote winner, the
presidential elector certifying official of each member state shall
certify the appointment of the elector slate nominated in association
with the presidential slate receiving the largest number of popular
votes within that official's own state.
7. If, for any reason, the number of presidential electors nominated
in a member state in association with the national popular vote winner
is less than or greater than that state's number of electoral votes, the
presidential candidate on the presidential slate that has been
designated as the national popular vote winner shall have the power to
nominate the presidential electors for that state and that state's
presidential elector certifying official shall certify the appointment
of such nominees.
8. The chief election official of each member state shall immediately
release to the public all vote counts or statements of votes as they are
determined or obtained.
9. This article shall govern the appointment of presidential electors
in each member state in any year in which this agreement is, on July
twentieth, in effect in states cumulatively possessing a majority of the
electoral votes.
ARTICLE IV
Other provisions. This agreement shall take effect when states
cumulatively possessing a majority of the electoral votes have enacted
this agreement in substantially the same form and the enactments by such
states have taken effect in each state. Any member state may withdraw
from this agreement, except that a withdrawal occurring six months or
less before the end of a president's term shall not become effective
until a president or vice president shall have been qualified to serve
the next term. The chief executive of each member state shall promptly
notify the chief executive of all other states of when this agreement
has been enacted and has taken effect in that official's state, when the
state has withdrawn from this agreement, and when this agreement takes
effect generally.
This agreement shall terminate if the electoral college is abolished.
If any provision of this agreement is held invalid, the remaining
provisions shall not be affected.
ARTICLE V
Definitions. For purposes of this agreement:
1. "Chief executive" shall mean the governor of a state of the United
States or the mayor of the District of Columbia.
2. "Elector slate" shall mean a slate of candidates who have been
nominated in a state for the position of presidential elector in
association with a presidential slate.
3. "Chief election official" shall mean the state official or body
that is authorized to certify the total number of popular votes for each
presidential slate.
4. "Presidential elector" shall mean an elector for president and vice
president of the United States.
5. "Presidential elector certifying official" shall mean the state
official or body that is authorized to certify the appointment of the
state's presidential electors.
6. "Presidential slate" shall mean a slate of two persons, the first
of whom has been nominated as a candidate for president of the United
States and the second of whom has been nominated as a candidate for vice
president of the United States, or any legal successors to such persons,
regardless of whether both names appear on the ballot presented to the
voter in a particular state.
7. "State" shall mean a state of the United States and the District of
Columbia.
8. "Statewide popular election" shall mean a general election in which
votes are cast for presidential slates by individual voters and counted
on a statewide basis.
* NB Effective upon notification by the commissioner of the state
board of elections upon the occurence of the adoption of the agreement
among the states to elect the president by national popular vote by two
or more states.
ARTICLE 13 Annual Political Calendar
* § 13-104. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen hundred
eighty-one. Notwithstanding any inconsistent provision of this chapter,
the times fixed for the annual primary election for the city of New York
for all judges of the civil court elected from municipal court districts
and for delegates and alternate delegates to judicial district
conventions and certain proceedings relating thereto shall be as
follows:
1. The first day for signing designating petitions for primary
elections shall be the sixteenth day of June.
2. The first day to sign petitions for opportunity to ballot in
primary elections without naming a candidate shall be the seventh day of
July.
3. The primary election shall be held on the twenty-second day of
September.
4. A judicial district convention for nominating candidates for public
office shall be held not earlier than the twenty-second day of September
nor later than the sixth day of October.
5. A certificate of party nomination made at a judicial district
convention for an office to be filled at the general election shall be
filed not later than the seventh day of October.
6. A certificate of acceptance or declination, whenever required, of a
party nomination made at a judicial district convention, for an office
to be filled at the general election shall be filed not later than the
ninth day of October.
7. A certificate to fill a vacancy caused by declination of a party
nomination made at judicial district convention for an office to be
filled at the general election shall be filed not later than the
thirteenth day of October.
* NB Expired December 31, 1981
* § 13-106. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen hundred
eighty-one. Notwithstanding any inconsistent provision of this chapter,
the times fixed for the annual primary election for the city of New York
for the office of council member-at-large and certain proceedings
relating thereto shall be as follows:
1. The first day for signing designating petitions for primary
elections shall be the sixteenth day of June.
2. The first day to sign petitions for opportunity to ballot in
primary elections without naming a candidate shall be the seventh day of
July.
3. The primary election shall be held on the twenty-second day of
September.
* NB Expired December 31, 1981
* § 13-108. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen hundred
eighty-one. Notwithstanding any inconsistent provision of this chapter,
the times fixed for the annual primary election for the city of New York
for the party position of assembly district leader in the county of New
York and certain proceedings relating thereto shall be as follows:
1. The last day for filing the statement of party positions to be
filled at the primary election as provided for in section 2-120 of this
chapter shall be the sixteenth day of June.
2. The first day for signing designating petitions for primary
elections shall be the sixteenth day of June.
3. The first day to sign petitions for opportunity to ballot in
primary elections without naming a candidate shall be the seventh day of
July.
4. The primary election shall be held on the twenty-second day of
September.
* NB Expired December 31, 1981
* § 13-110. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen hundred
eighty-one. Notwithstanding any inconsistent provision of this chapter,
the times fixed for the annual primary election for the city of New York
for the party position of assembly district leader in the county of
Bronx and certain proceedings relating thereto shall be as follows:
1. The last day for filing the statement of party positions to be
filled at the primary election as provided for in section 2-120 of this
chapter shall be the sixteenth day of June.
2. The first day for signing designating petitions for primary
elections shall be the sixteenth day of June.
3. The first day to sign petitions for opportunity to ballot in
primary elections without naming a candidate shall be the seventh day of
July.
4. The primary election shall be held on the twenty-second day of
September.
* NB Expired December 31, 1981
* § 13-112. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen hundred
eighty-one. Notwithstanding any inconsistent provisions of this chapter,
the times fixed for the annual primary election for the city of New York
for the party positions of assembly district leader and member of the
county committee in the county of Richmond and certain proceedings
relating thereto shall be as follows:
1. The last day for filing the statement of party positions to be
filled at the primary elections as provided for in section 2-120 of this
chapter shall be the sixteenth day of June.
2. The fist day for signing designating petitions for primary
elections shall be the sixteenth day of June.
3. The first day to sign petitions for opportunity to ballot in
primary elections without naming a candidate shall be the seventh day of
July.
4. The primary election shall be held on the twenty-second day of
September.
* NB Expired December 31, 1981
* § 13-114. Special provisions as to the time for holding a primary
election in the city of New York in the year nineteen hundred
eighty-one. Notwithstanding any inconsistent provision of this chapter,
the times fixed for the annual primary election for the city of New York
for all offices and party positions not specified in sections 13-102, as
amended, 13-104, 13-106, 13-108, 13-110 or 13-112 of this chapter and
certain proceedings relating thereto shall be as follows:
1. The last day for filing the statement of party positions to be
filled at the primary election as provided for in section 2-120 of this
chapter shall be the sixteenth day of June.
2. The first day for signing designating petitions for primary
elections shall be the sixteenth day of June.
3. The first day to sign petitions for opportunity to ballot in
primary elections without naming a candidate shall be the seventh day of
July.
4. The primary election shall be held on the twenty-second day of
September.
* NB Expired December 31, 1981
ARTICLE 14 Campaign Receipts and Expenditures; Public Financing
TITLE 1 Campaign Receipts and Expenditures
Definitions. As used in this article: 1. "political
committee" means any corporation aiding or promoting and any committee,
political club or combination of one or more persons operating or
co-operating to aid or to promote the success or defeat of a political
party or principle, or of any ballot proposal; or to aid or take part in
the election or defeat of a candidate for public office or to aid or
take part in the election or defeat of a candidate for nomination at a
primary election or convention, including all proceedings prior to such
primary election, or of a candidate for any party position voted for at
a primary election, or to aid or defeat the nomination by petition of an
independent candidate for public office; but nothing in this article
shall apply to any committee or organization for the discussion or
advancement of political questions or principles without connection with
any vote or to a national committee organized for the election of
presidential or vice-presidential candidates; provided, however, that a
person or corporation making a contribution or contributions to a
candidate or a political committee which has filed pursuant to section
14-118 shall not, by that fact alone, be deemed to be a political
committee as herein defined.
2. "party committee" means any committee provided for in the rules of
the political party in accordance with section two-one hundred of this
chapter, other than a constituted committee.
3. "constituted committee" means a state committee, a county committee
or a duly constituted subcommittee of a county committee;
4. "duly constituted subcommittee of a county committee" means,
outside the city of New York, a city, town or village committee, and,
within the city of New York, an assembly district committee, which
consists of all county committee members from the city, town, village or
assembly district, as the case may be, and only such members;
5. "non-candidate expenditures" means expenditures made by a party
committee or a constituted committee to maintain a permanent
headquarters and staff and carry on ordinary party activities not
promoting the candidacy of specific candidates;
6. "district" means the entire state or any part thereof, as the case
may be;
7. "candidate" means an individual who seeks nomination for election,
or election, to any public office or party position to be voted for at a
primary, general or special or New York city community school district
election or election for trustee of the Long Island Power Authority,
whether or not the public office or party position has been specifically
identified at such time and whether or not such individual is nominated
or elected, and, for purposes of this subdivision, an individual shall
be deemed to seek nomination for election, or election, to an office or
position, if he has (1) taken the action necessary to qualify himself
for nomination for election, or election, or (2) received contributions
or made expenditures, given his consent for any other person to receive
contributions or make expenditures, with a view to bringing about his
nomination for election, or election, to any office or position at any
time whether in the year in which such contributions or expenditures are
made or at any other time; and
8. "legislative leader" means any of the following: the speaker of the
assembly; the minority leader of the assembly; the temporary president
of the senate and the minority leader of the senate.
9. "contribution" means:
(1) any gift, subscription, outstanding loan (to the extent provided
for in section 14-114 of this chapter), advance, or deposit of money or
any thing of value, made in connection with the nomination for election,
or election, of any candidate, or made to promote the success or defeat
of a political party or principle, or of any ballot proposal,
(2) any funds received by a political committee from another political
committee to the extent such funds do not constitute a transfer,
(3) any payment, by any person other than a candidate or a political
committee authorized by the candidate, made in connection with the
nomination for election or election of any candidate, including any
payment or expenditure where coordination has occurred as defined in
section 14-107 of this article, or any payment made to promote the
success or defeat of a political party or principle, or of any ballot
proposal including but not limited to compensation for the personal
services of any individual which are rendered in connection with a
candidate's election or nomination without charge; provided however,
that none of the foregoing shall be deemed a contribution if it is made,
taken or performed by a candidate or his spouse or by a person or a
political committee independent of the candidate or his agents or
authorized political committees. For purposes of this article, the term
"independent of the candidate or his agents or authorized political
committees" shall mean that the candidate or his agents or authorized
political committees did not authorize, request, suggest, foster or
cooperate in any such activity; and provided further, that the term
contribution shall not include:
(A) the value of services provided without compensation by individuals
who volunteer a portion or all of their time on behalf of a candidate or
political committee,
(B) the use of real or personal property and the cost of invitations,
food and beverages voluntarily provided by an individual to a candidate
or political committee on the individual's residential premises for
candidate-related activities to the extent such services do not exceed
five hundred dollars in value, and
(C) the travel expenses of any individual who on his own behalf
volunteers his personal services to any candidate or political committee
to the extent such expenses are unreimbursed and do not exceed five
hundred dollars in value.
10. "transfer" means any exchange of funds or any thing of value
between political committees authorized by the same candidate and taking
part solely in his campaign, or any exchange of funds between a party or
constituted committee and a candidate or any of his authorized political
committees.
11. "election" means all general, special and primary elections, but
shall not include elections provided for pursuant to the education law,
special district elections, fire district elections or library district
elections.
12. "clearly identified candidate" means that:
(a) the name of the candidate involved appears;
(b) a photograph or drawing of the candidate appears; or
(c) the identity of the candidate is apparent by unambiguous
reference.
13. "general public audience" means an audience composed of members of
the public, including a targeted subgroup of members of the public;
provided, however, it does not mean an audience solely comprised of
members, retirees and staff of a labor organization or members of their
households or an audience solely comprised of employees of a
corporation, unincorporated business entity or members of a business,
trade or professional association or organization.
14. "labor organization" means any organization of any kind which
exists for the purpose, in whole or in part, of representing employees
employed within the state of New York in dealing with employers or
employer organizations or with a state government, or any political or
civil subdivision or other agency thereof, concerning terms and
conditions of employment, grievances, labor disputes, or other matters
incidental to the employment relationship. For the purposes of this
article, each local, parent national or parent international
organization of a statewide labor organization, and each statewide
federation receiving dues from subsidiary labor organizations, shall be
considered a separate labor organization.
15. "independent expenditure committee" means a political committee,
that makes only independent expenditures as defined in this article, and
does not coordinate with a candidate, candidate's authorized committees
or an agent of the candidate as defined in paragraph (g) of subdivision
one of section 14-107 of this article.
For purposes of this section, an independent expenditure committee may
be created by a person, group of persons, corporation, unincorporated
business entity, labor organization or business, trade or professional
association, or organization, or political committee.
16. "political action committee" means a political committee which
makes no expenditures to aid or take part in the election or defeat of a
candidate, or to promote the success or defeat of a ballot proposal,
other than in the form of contributions, including in-kind
contributions, to candidates, candidate's authorized committees, party
committees, constituted committees, or independent expenditure
committees provided there is no common operational control between the
political action committee and the independent expenditure committee; or
in the form of communications that are not distributed to a general
public audience as described in subdivision thirteen of this section.
For purposes of this paragraph, "common operational control" means
that (i) the same individual or individuals exercise actual and
strategic control over the day-to-day affairs of both the political
action committee and the independent expenditure committee, or (ii)
employees of the political action committee and the independent
expenditure committee engage in communications related to the strategic
operations of either committee.
17. "foreign national" means foreign national as such term is defined
by subsection (b) of section 30121 of title 52 of the United States
code.
Statements of campaign receipts, contributions, transfers
and expenditures to and by political committees. 1. The treasurer of
every political committee which, or any officer, member or agent of any
such committee who, in connection with any election, receives or expends
any money or other valuable thing or incurs any liability to pay money
or its equivalent shall file statements sworn, or subscribed and bearing
a form notice that false statements made therein are punishable as a
class A misdemeanor pursuant to section 210.45 of the penal law, at the
times prescribed by this article setting forth all the receipts,
contributions to and the expenditures by and liabilities of the
committee, and of its officers, members and agents in its behalf. Such
statements shall include the dollar amount of any receipt, contribution
or transfer, or the fair market value of any receipt, contribution or
transfer, which is other than of money, the name and address of the
transferor, contributor or person from whom received, and if the
transferor, contributor or person is a political committee; the name of
and the political unit represented by the committee, the date of its
receipt, the dollar amount of every expenditure, the name and address of
the person to whom it was made or the name of and the political unit
represented by the committee to which it was made and the date thereof,
and shall state clearly the purpose of such expenditure. Any statement
reporting a loan shall have attached to it a copy of the evidence of
indebtedness. Expenditures in sums under fifty dollars need not be
specifically accounted for by separate items in said statements, and
receipts and contributions aggregating not more than ninety-nine
dollars, from any one contributor need not be specifically accounted for
by separate items in said statements, provided however, that such
expenditures, receipts and contributions shall be subject to the other
provisions of section 14-118 of this article.
2. Notwithstanding the provisions of subdivision one hereof, if the
expenditures made and liabilities incurred in any calendar year by any
political committee for the purpose of aiding or promoting the success
or defeat of one or more ballot proposals are less than five thousand
dollars and less than fifty percent of all the expenditures made and
liabilities incurred by such committee in such year, then such committee
shall be required to report only those contributions which are made to
such committee exclusively for the purpose of aiding or promoting the
success or defeat of such proposal or proposals, but such committee
shall be required to report all expenditures made and liabilities
incurred for such purposes. Nothing contained in this subdivision shall
be construed to relieve any political committee aiding or promoting the
success or defeat of a candidate from any of the reporting requirements
imposed by this article.
3. The state board of elections shall promulgate regulations with
respect to the accounting methods to be applied in preparing the
statements required by the provisions of this article and shall provide
forms suitable for such statements.
4. Any committee which is required to file statements with any board
of elections pursuant to this article shall file all such statements
pursuant to the electronic reporting system prescribed by the state
board of elections as set forth in subdivision nine-A of section 3-102
of this chapter. Notwithstanding the provisions of this subdivision,
upon the filing of a sworn statement by the treasurer of a political
committee which states that such political committee does not have
access to the technology necessary to comply with the electronic filing
requirements of subdivision nine-A of section 3-102 of this chapter and
that filing by such means would constitute a substantial hardship for
such political committee, the state board of elections may issue an
exemption from the electronic filing requirements of this article.
Statements of campaign receipts, contributions, transfers
and expenditures by and to candidates. 1. Any candidate for election to
public office, or for nomination for public office at a contested
primary election or convention, or for election to a party position at a
primary election, shall file statements sworn, or subscribed and bearing
a form notice that false statements made therein are punishable as a
class A misdemeanor pursuant to section 210.45 of the penal law, at the
times prescribed by this article setting forth the particulars specified
by section 14-102 of this article, as to all moneys or other valuable
things, paid, given, expended or promised by him or her to aid his or
her own nomination or election, or to promote the success or defeat of a
political party, or to aid or influence the nomination or election or
the defeat of any other candidate to be voted for at the election or
primary election or at a convention, including contributions to
political committees, officers, members or agents thereof, and
transfers, receipts and contributions to him or her to be used for any
of the purposes above specified, or in lieu thereof, any such candidate
may file such a sworn statement at the first filing period, on a form
prescribed by the state board of elections that such candidate has made
no such expenditures and does not intend to make any such expenditures,
except through a political committee authorized by such candidate
pursuant to this article. Such candidate may designate a committee of no
less than three persons who shall be authorized to appoint and remove
the treasurer of any authorized committee of the candidate. The
designation or revocation of the committee shall be evidenced in a
writing filed with the state board of elections by the candidate
authorizing the committee. The candidate may revoke such designation at
any time. A committee authorized by such a candidate may fulfill all of
the filing requirements of this act on behalf of such candidate.
2. Statements filed by any political committee authorized by a
candidate pursuant to this article which is required to file such
statements with any board of elections shall file all such statements
pursuant to the electronic reporting system prescribed by the state
board of elections as set forth in subdivision nine-A of section 3-102
of this chapter. Notwithstanding the provisions of this subdivision,
upon the filing of a sworn statement by the treasurer of a political
committee authorized by a candidate pursuant to this article which
states that such committee does not have access to the technology
necessary to comply with the electronic filing requirements of
subdivision nine-A of section 3-102 of this chapter and that filing by
such means would constitute a substantial hardship for such committee,
the state board of elections may issue an exemption from the electronic
filing requirements of this article.
4. Political communications required to be filed with the state board
of elections pursuant to section 14-106 of this article or subdivision
five of section 14-107 of this article may be filed electronically with
the state board of elections.
Elimination of duplicate electronic filing. 1. Any candidate
or authorized political committee of a candidate required to file
electronically with the state board of elections shall be deemed to have
satisfied such filing requirements upon making electronic filings with a
local campaign finance board, provided the state board of elections
determines: (i) the filing format, standards and review and audit of
filings of such campaign finance board meet or exceed the requirements
imposed by this article; and (ii) the campaign finance filing data of
such local campaign finance board is publicly available in a manner at
least substantially equivalent to the board of elections publication of
campaign finance filings; and (iii) such local campaign finance board
will provide the chief enforcement counsel of the state board of
elections notice of filing delinquencies and non-filings.
2. If the state board of elections permits filings with a local
campaign finance board to be deemed filings with the state board of
elections, such board shall provide a link on its website to the public
disclosure and search functions of the website of such local campaign
finance board.
3. A determination permitting filings with a local campaign finance
board to be deemed filings with the state board of elections shall be
revoked upon a determination that the local campaign finance board no
longer complies with any one or more of the criteria enumerated in
paragraphs (i), (ii) and (iii) of subdivision one of this section.
Political communication. 1. The statements required to be
filed under the provisions of this article next succeeding a primary,
general or special election shall be accompanied by a copy of all
broadcast, cable or satellite schedules and scripts, paid internet or
digital, print and other types of advertisements, pamphlets, circulars,
flyers, brochures, letterheads and other printed matter purchased or
produced, and reproductions of statements or information published to
five hundred or more members of a general public audience by computer or
other electronic device including but not limited to electronic mail or
text message, purchased in connection with such election by or under the
authority of the person filing the statement or the committee or the
person on whose behalf it is filed, as the case may be. Such copies,
schedules and scripts shall be preserved by the officer with whom or the
board with which it is required to be filed for a period of one year
from the date of filing thereof.
2. All political committees that make an expenditure for a political
communication shall be required to disclose the identity of the
political committee which made the expenditure for such political
communication. The disclosure on printed or digital political
communications, including but not limited to brochures, flyers, posters,
mailings, public-facing websites, or internet advertising shall be
printed or typed in an appropriate legible form to read as follows:
"Paid for by:" followed by the name of the political committee making
the expenditure. The disclosure on non-printed or digital political
communications shall clearly and prominently display and/or speak the
following statement: "Paid for by:" followed by the name of the
political committee making the expenditure. In the case of a political
communication that is not visual, such as radio or automated telephone
calls, clearly speaking the statement will satisfy the requirements of
this section. In the case of a public-facing website paid for, hosted,
and/or operated by a political committee, the disclosure shall be
clearly displayed within each navigable webpage of such website.
3. Political communications that are considered promotional items
which support a particular candidate, election, ballot measure or issue
and limit the content of communication to the name, office and brief
message of support, shall be exempt from the provisions of subdivision
two of this section. Promotional items shall be items that are of
nominal value and are distributed to the general public in an effort to
promote a particular candidate, election, ballot measure or issue
including but not limited to pens, bumper stickers, yard signs, buttons,
shirts, bags or balloons.
4. Political communication that is considered digital media which
advertises for a particular candidate, election, ballot measure or issue
which limits the content of communication to the name, office and brief
message shall not be subject to the provisions of subdivision two of
this section if such digital media is unable to contain the "paid for
by" statement due to its small size and contains a link to another
webpage where the "paid for by" statement is prominently displayed.
5. (a) For purposes of this subdivision:
(i) "Materially deceptive media" means any image, video, audio, text,
or any technological representation of speech or conduct fully or
partially created or modified that:
(1) exhibits a high level of authenticity or convincing appearance
that is visually or audibly indistinguishable from reality to a
reasonable person;
(2) depicts a scenario that did not actually occur or that has been
altered in a significant way from how they actually occurred; and
(3) is created by or with software, machine learning, artificial
intelligence, or any other computer-generated or technological means,
including adapting, modifying, manipulating, or altering a realistic
depiction.
(ii) "Information content provider" means any person or entity that is
responsible, in whole or in part, for the creation or development of
information provided through the Internet or any other interactive
computer service.
(b) (i) A person, firm, association, corporation, campaign, committee,
or organization that distributes or publishes any political
communication that was produced by or includes materially deceptive
media and has actual knowledge that it is materially deceptive shall be
required to disclose this use.
(ii) (1) For visual media the disclosure shall be printed or typed in
a legible font size easily readable by the average viewer that is no
smaller than other text appearing in the visual media and in the same
language used on the communication to read as follows: "This (image,
video, or audio) has been manipulated".
(2) For communication that is auditory, such as radio or automated
telephone calls, clearly speaking the statement at the beginning of the
audio, at the end of the audio, and, if the audio is greater than two
minutes in length, interspersed within the audio at intervals of not
greater than two minutes each and in the same language as the rest of
the audio used in the communication, and in a pitch that can be easily
heard by the average listener satisfies the requirements of clause one
of this subparagraph.
(iii) This paragraph shall not apply to the following:
(1) materially deceptive media that constitutes satire or parody;
(2) materially deceptive media distributed by a bona fide news
reporting entity for the purpose of news reporting or coverage, if the
reporting clearly acknowledges through content or a disclosure, in a
manner that can be easily read or heard by the average listener or
viewer, that there are questions about the authenticity of the
materially deceptive media;
(3) a radio or television broadcasting station, including a cable
television, satellite television or streaming service operator,
programmer, producer or other similar entity, that broadcasts a
political communication when the station or streaming service is paid to
broadcast the political communication if the station or streaming
service can show that it has disclaimer requirements that are consistent
with the requirements provided in this paragraph and that it provided
those disclaimer requirements to each person or entity that purchased
the broadcast or streaming of the advertisement; or
(4) initial dissemination by a platform or service including, but not
limited to, a website, regularly published newspaper, or magazine, where
the content disseminated is materially deceptive media provided by
another information content provider.
(iv) A candidate whose voice or likeness appears in materially
deceptive media in violation of this subdivision may seek reasonable
court costs and attorneys' fees and injunctive relief prohibiting the
distribution, publication or broadcasting of any materially deceptive
media in violation of this subdivision against such individual or entity
who disseminated or published such media without the consent of the
person depicted and who knew or should have known that it was materially
deceptive. An action under this paragraph shall be initiated by filing
an application for an order to show cause in the supreme court where the
materially deceptive media at issue could deceive and influence electors
in an upcoming election. Such action shall be entitled to an automatic
calendar preference and be subject to expedited pretrial and trial
proceedings.
(v) In any action alleging a violation of this subdivision in which a
plaintiff seeks preliminary relief with respect to an upcoming election,
the court shall grant relief if it determines that:
(A) plaintiffs are more likely than not to succeed on the merits; and
(B) it is possible to implement an appropriate remedy that would
resolve the alleged violation in the upcoming election.
(vi) In any action commenced under this subdivision, the plaintiff
bears the burden of establishing the use of materially deceptive media
by clear and convincing evidence.
6. Nothing in this section shall be construed to limit, or to enlarge,
the protections that 47 U.S.C. § 230 confers on an interactive computer
service for content provided by another information content provider, as
such terms are defined in 47 U.S.C. § 230.
7. Nothing in this section shall be construed to require entities to
cancel, edit, or insert video or audio labels into political
communications where such action is inconsistent with federal law.
Independent expenditure reporting. 1. For purposes of this
article:
(a) "Independent expenditure" means an expenditure made by an
independent expenditure committee in the form of (i) an audio or video
communication via broadcast, cable or satellite, (ii) a written
communication via advertisements, pamphlets, circulars, flyers,
brochures, letterheads or (iii) other published statements, where such
expenditure is conveyed to five hundred or more members of a general
public audience, or in the form of any paid internet or digital
advertisement targeted to fifty or more members of a general public
audience, or in the form of a public-facing website, which: (i)
irrespective of when such communication is made, contains words such as
"vote," "oppose," "support," "elect," "defeat," or "reject," which call
for the election or defeat of the clearly identified candidate, (ii)
refers to and advocates for or against a clearly identified candidate or
ballot proposal on or after January first of the year of the election in
which such candidate is seeking office or such proposal shall appear on
the ballot, or (iii) within sixty days before a general or special
election for the office sought by the candidate or thirty days before a
primary election, includes or references a clearly identified candidate.
An independent expenditure shall not include communications where such
candidate, the candidate's political committee or its agents, a party
committee or its agents, or a constituted committee or its agents or a
political committee formed to promote the success or defeat of a ballot
proposal or its agents, did authorize, request, suggest, foster or
cooperate in such communication.
(b) Independent expenditures do not include expenditures in connection
with:
(i) a written news story, commentary, or editorial or a news story,
commentary, or editorial distributed through the facilities of any
broadcasting station, cable or satellite unless such publication or
facilities are owned or controlled by any political party, political
committee or candidate; or
(ii) a communication that constitutes a candidate debate or forum; or
(iii) internal communication by members to other members of a
membership organization of not more than five hundred members, for the
purpose of supporting or opposing a candidate or candidates for elective
office, provided such expenditures are not used for the costs of
campaign material or communications used in connection with
broadcasting, telecasting, newspapers, magazines, or other periodical
publication, billboards, or similar types of general public
communications; or
(iv) internal communications by members to other members of a
membership organization of not more than five hundred members or
communications by a corporation organized for charitable purposes
pursuant to §501(c)(3) of the internal revenue code, within sixty days
before a general or special election for the office sought by the
candidate or thirty days before a primary election, that includes or
references a clearly identified candidate but does not otherwise qualify
as an independent expenditure under this section.
(v) a communication published on the Internet, unless the
communication is a paid advertisement or a public-facing website paid
for, hosted, and/or operated by a political committee.
(c) An independent expenditure committee shall not include payments or
expenditures made by a party or constituted committee that is required
to file disclosure reports under this chapter.
(d) Independent expenditures shall not include payments or
expenditures where coordination occurs in the creation, formation, or
operation of the independent expenditure committee making the payment or
expenditure.
Coordination shall include:
(i) The candidate or the candidate's authorized committee, or an agent
of the candidate or candidate's authorized committee, participated in
the creation or formation of the independent expenditure committee
within two years of the general election, primary or special election in
which the candidate is a candidate for nomination or election and the
payment or expenditure made is for the benefit of that candidate.
(ii) The candidate or an agent of the candidate appears at any
fundraising event hosted by an independent expenditure committee, or its
agent, making a payment or expenditure that benefits that candidate
within two years of the general election, primary or special election in
which the candidate is a candidate for nomination or election.
(iii) The independent expenditure committee making the payment or
expenditure, or its agent, employed or retained an individual, other
than an individual described in subparagraph (viii) of this paragraph,
who was employed by the candidate, the candidate's authorized committee
or an agent of the candidate or has held a policymaking,
non-administrative position in the office of the candidate's elected
office within two years of the general election, primary or special
election in which the candidate is a candidate for nomination or
election, and the payment or expenditure is made for the benefit of that
candidate.
(iv) The independent expenditure committee making the payment or
expenditure, or its agent, is a member of the candidate's immediate
family or is established, directed, or managed by a member of the
immediate family of the candidate, and the payment or expenditure is
made for the benefit of that candidate.
(v) The independent expenditure committee making the payment or
expenditure benefiting the candidate, republishes, disseminates, or
distributes, in whole or in part, any video, audio, written, or other
campaign-related material prepared by the candidate or the candidate's
authorized committee or by an agent of the candidate or the candidate's
authorized committee. This paragraph shall not apply if the independent
expenditure committee making the payment or expenditure obtains the
communication or materials from a publicly available source.
(vi) The candidate or the candidate's authorized committee, or an
agent of the candidate or the candidate's authorized committee, shares
or rents space for a campaign-related purpose with or from the
independent expenditure committee, or its agent, making the payment or
expenditure benefitting the candidate.
(vii) The independent expenditure committee, or its agent, making the
payment or expenditure benefitting the candidate has participated in
strategic discussions with the candidate, the candidate's authorized
committee, or an agent of the candidate or the candidate's authorized
committee within two years of the general election, primary or special
election in which the candidate is a candidate for nomination or
election. Discussions shall be deemed strategic if information about the
candidate's or opponent's electoral campaign plans, projects, or
activities that is not obtained from a publicly available source is
conveyed to the independent expenditure committee, or its agent, making
the payment or expenditure. This paragraph shall only apply to
discussions occurring after the independent expenditure committee is
formed or, one week after the candidate has been certified for that
election, whichever occurs first.
(viii) The independent expenditure committee, or its agent, making the
payment or expenditure benefitting the candidate, and the candidate or
the candidate's authorized committee knowingly retain the same
individual or entity to provide professional campaign services within
two years of the general election, primary or special election in which
the candidate is a candidate for nomination or election, and the
professional campaign services provider discloses strategic information
regarding one party with the other party. Information shall be deemed
strategic if it relates to either party's respective campaign or
independent expenditure plans, projects, or activities that are not
obtained from a publicly available source. This subparagraph shall not
prohibit a candidate, a candidate's authorized committee, or an agent of
the candidate or the candidate's authorized committee from retaining the
same professional campaign services provider as the independent
expenditure committee, or its agent, making the payment or expenditure
benefitting the candidate upon the professional campaign services
provider entering into a confidentiality agreement with both parties
expressly stating that it will not disclose strategic information
regarding each party with the other party.
(ix) The independent expenditure committee, or its agent, making the
payment or expenditure benefitting the candidate, utilizes strategic
information or data related to the candidate, that is not from a
publicly available source and is not otherwise available by
subscription, from an individual who has been previously compensated,
reimbursed or retained by the candidate as a consultant, political,
media or fundraising advisor, vendor or contractor within two years of
the general election, primary or special election in which the candidate
is a candidate for nomination or election.
(e) The following shall not be coordination:
(i) A candidate's or a party or constituted committee's response to an
inquiry about that candidate's or party or constituted committee's
positions on legislative or policy issues.
(ii) A public communication in which a candidate is clearly identified
only in his or her capacity as the owner or operator of a business that
existed prior to the candidacy is not a coordinated communication with
respect to the clearly identified candidate if: (A) The medium, timing,
content, and geographic distribution of the public communication are
consistent with public communications made prior to the candidacy; and
(B) The public communication does not promote, support, attack, or
oppose that candidate or another candidate in their capacity as
candidates who seeks the same office as that candidate.
(f) For purposes of this section, the term "immediate family" means
spouse, child, parent, grandparent, brother, half-brother, sister, or
half-sister of the candidate, and the spouses of such persons.
(g) For purposes of this section, "agent" means a person authorized by
the candidate or the candidate's authorized committee, who acts on
behalf of or at the direction of a candidate or the candidate's
authorized committee; or a party committee or constituted committee
acting on behalf of a candidate; or a person authorized by an
independent expenditure committee who acts on behalf of or at the
direction of such committee.
2. Whenever any person makes an independent expenditure, such
communication shall, in a manner consistent with section 14-106 of this
article, clearly state the name of the person who paid for, or otherwise
published or distributed the communication and state, with respect to
communications regarding candidates, that the communication was not
expressly authorized or requested by any candidate, or by any
candidate's political committee or any of its agents; provided, however,
that paragraphs three and four of section 14-106 of this article shall
not apply to the disclosure requirements under this section.
3. Any person prior to making any independent expenditure shall first
register with the state board of elections as a political committee and
as an independent expenditure committee in conformance with this article
provided, however, that no foreign national, government, instrumentality
or agent may register as an independent expenditure committee for the
purpose of making independent expenditures in any state or local
election. Such person shall comply with all disclosure obligations
required for political committees by law and shall provide the following
additional information upon registration:
(a) Where the person making the statement is an individual, the name,
address, occupation and employer of the person.
(b) Where the person making the statement is an entity, the name and
employer of any individual who exerts operational or managerial
influence or control over the entity, as well as any salaried employee
of the entity. The disclosures required by this paragraph shall include
the name of at least one natural person.
(c) Identification of individuals named in paragraphs (a) and (b) of
this subdivision who have, during the two-year period before the
statement is filed, been employed or retained as a political, media, or
fundraising adviser or consultant for a candidate, any entity directly
controlled by a candidate, or any party committee or constituted
committee, or have held a formal position in the office of a candidate's
elected office, or any party committee or constituted committee, and the
name of the relevant employer.
(d) Identification of individuals named in paragraphs (a), (b) and (c)
of this paragraph who are members of a candidate's immediate family.
(e) The information provided pursuant to this subdivision shall be
updated within twenty-four hours of any change in ownership or control
of any registered entity.
4. (a) Required disclosures. (i) Any independent expenditure
committee who has registered pursuant to subdivision three of this
section shall disclose to the state board of elections electronically,
once a week on Monday any contribution to such committee of one thousand
dollars or more, any expenditures, except paid internet and digital
advertisements, made by such committee over five thousand dollars, and
any independent expenditure in the form of a paid internet or digital
advertisement over five hundred dollars made during the reporting
period.
(ii) Any independent expenditure committee who has registered with the
state board of elections pursuant to subdivision three of this section
shall disclose to the state board of elections electronically, within
twenty-four hours, any contribution to such independent expenditure
committee of one thousand dollars or more or expenditure made by such
committee over five thousand dollars made within thirty days before any
primary, general, or special election.
(b) The disclosures required by paragraph (a) of this subdivision
shall include, in addition to any other information required by law:
(i) the name, address, occupation and employer of the person making
the statement;
(ii) For each expenditure or payment made: (1) the dollar amount paid
for each independent expenditure, the name and address of the person or
entity receiving the payment, the date the payment was made and a
description of the independent expenditure;
(2) the election to which the independent expenditure pertains and the
name of the clearly identified candidate or the ballot proposal
referenced and whether the candidate or ballot proposal is supported or
opposed; and
(3) A list of all expenditures made by and liabilities incurred for
services rendered during the relevant reporting period.
(iii) For each contribution received the name, address, occupation and
employer of any person providing a contribution, gift, loan, advance or
deposit of one thousand dollars or more for the independent expenditure,
or the provision of services for the same and the date it was given.
5. A copy of all political communications paid for by the independent
expenditure, including but not limited to broadcast, cable or satellite
schedules and scripts, advertisements, pamphlets, circulars, flyers,
brochures, letterheads and other printed matter and statements or
information conveyed to one thousand or more members of a general public
audience by computer or other electronic devices, and paid internet or
digital advertisements, shall be filed with the state board of elections
with the statements required by this section.
5-a. The state board of elections shall maintain and make available
online for public inspection in a machine readable format, a complete
record of any independent expenditure in the form of a paid internet or
digital advertisement required to be filed under subdivision five of
this section. The record shall be maintained for a period no less than
five years from the date of filing and contain a digital copy of the
independent expenditure and the information provided on the registration
form of the independent expenditure committee making such expenditure
pursuant to paragraphs (a) and (b) of subdivision three of this section.
The state board of elections shall promulgate rules necessary to comply
with the provisions of this subdivision which shall be effective no
later than one hundred twenty days after the effective date of this
subdivision.
6. Every statement required to be filed pursuant to this section shall
be filed electronically with the state board of elections.
7. The state board of elections shall promulgate regulations with
respect to the statements required to be filed by this section and shall
provide forms suitable for such statements.
8. (a) All criminal liability related to this section shall require
knowing and willful violations in accordance with section 14-126 of this
article.
(b) A knowing and willful violation of the provisions of subdivisions
three and four of this section shall subject the person to a civil
penalty equal to five thousand dollars or the cost of the communication,
whichever is greater, in a special proceeding or civil action brought by
the board.
Prohibited spending by independent expenditure committees
and political action committees. 1. An independent expenditure committee
shall not contribute to any candidate, constituted committee, political
committee, or party committee.
2. (a) A political action committee shall not make any independent
expenditures and may only make contributions to any independent
expenditure committee if such committee does not have common operational
control. For purposes of this paragraph, "common operational control"
means that (i) the same individual or individuals exercise actual and
strategic control over the day-to-day affairs of both the political
action committee and the independent expenditure committee, or (ii)
employees of the political action committee and the independent
expenditure committee engage in communications related to the strategic
operations of either committee.
(b) No candidate, candidate's authorized committee, party committee,
or constituted committee shall contribute to an independent expenditure
committee that is making expenditures benefitting the candidate or the
candidate supported by such party or constituted committee.
Independent expenditure verification. 1. Upon the purchase
of a communication in the form of an independent expenditure, as defined
in section 14-107 of this article, each television or radio broadcast
station, provider of cable or satellite television, or online platform
shall require that the independent expenditure committee making such
purchase file with such station, provider or platform a copy of the
registration form filed by such committee with the state board of
elections pursuant to subdivision three of section 14-107 of this
article.
2. The state board of elections shall promulgate regulations defining
the scope of the term "online platform" as used in this section. In
promulgating such regulations, the state board shall take into account
the number of unique United States visitors to the platform and the
extent to which the platform publishes paid internet or digital
communications. Any public-facing website, web application, or digital
application, including, but not limited to, a social network, ad
network, or search engine, may be designated an "online platform"
pursuant to the state board's regulations. Such regulations shall be
promulgated no later than one hundred twenty days after the effective
date of this section.
Time for filing statements. 1. The statements required by
this article shall be filed at such times as the state board of
elections, by rule or regulation, shall specify; provided, however, that
in no event shall the board provide for fewer than three filings in the
aggregate in connection with any primary, general or special election,
or in connection with a question to be voted on and two of said filings
shall be before any such election, including one such filing not less
than thirty days nor more than forty-five days prior to such election
and one such filing not less than eleven days nor more than fifteen days
prior to such election. In addition, the board shall provide that every
political committee which has filed a statement of treasurer and
depository shall make at least one filing every six months between the
time such statement of treasurer and depository is filed and the time
such committee goes out of business. If any candidate or committee shall
be required by the provisions of this section, or by rule or regulation
hereunder, to effect two filings within a period of five days, the state
board of elections may, by rule or regulation, waive the requirement of
filing the earlier of such statements. If a statement filed by a
candidate or committee after the election to which it pertains is not a
final statement showing satisfaction of all liabilities and disposition
of all assets, such candidate or committee shall file such additional
statements as the board shall, by rule or regulation provide until such
a final statement is filed.
2. Each statement shall cover the period up to and including the
fourth day next preceding the day specified for the filing thereof;
provided, however, that any contribution or loan in excess of one
thousand dollars, if received after the close of the period to be
covered in the last statement filed before any primary, general or
special election but before such election, shall be reported, in the
same manner as other contributions, within twenty-four hours after
receipt.
3. Each statement shall be preserved by the officer with whom or the
board with which it is required to be filed for a period of five years
from the date of filing thereof.
4. Each statement shall constitute a part of the public records of
such officer or board and shall be open to public inspection.
5. The state board of elections or other board of elections, as the
case may be, shall not later than ten days after the last day to file
any such statement notify each person required to file any such
statement which has not been received by such board by such tenth day in
accordance with this article of such person's failure to file such
statement timely. Such notice shall be in writing and mailed to the last
known residence or business address of such person by certified mail,
return receipt requested. Failure to file within five days of receipt of
such notice shall constitute prima facie evidence of a willful failure
to file. If the person required to file such statement is a treasurer
who has stated that the committee has been authorized by one or more
candidates, a copy of such notice shall be sent to each such candidate
by first class mail. A copy of any such notice sent by a board of
elections other than the state board of elections shall be sent by such
other board to the state board.
6. A statement shall be deemed properly filed when deposited in an
established post-office within the prescribed time, duly stamped,
certified and directed to the officer with whom or to the board with
which the statement is required to be filed, but in the event it is not
received, a duplicate of such statement shall be promptly filed upon
notice by such officer or such board of its non-receipt.
7. On the twentieth day following the date by which such statements
were required to be filed, the state board of elections shall prepare
and make available for public inspection and distribution a list of
those persons and committees from whom it has not yet received such
statement.
Place for filing statements. The places for filing the
statements required by this article shall be determined by rule or
regulation of the state board of elections; provided, however, that the
statements of a candidate for election to the office of governor,
lieutenant governor, attorney general, comptroller, member of the
legislature, delegate to a constitutional convention, justice of the
supreme court or for nomination for any such office at a primary
election and of any committee aiding or taking part in the designation,
nomination, election or defeat of candidates for one or more of such
offices or promoting the success or defeat of a question to be voted on
by the voters of the entire state shall be filed with the state board of
elections and in such other places as the state board of elections may,
by rule or regulation provide.
Political committee authorization statement. Any political
committee aiding or taking part in the election or nomination of any
candidate, other than a political action committee, shall file, in the
office in which the statements of such committee are to be filed
pursuant to this article, either a sworn verified statement by the
treasurer of such committee that the candidate has authorized the
political committee to aid or take part in his election or that the
candidate has not authorized the committee to aid or take part in his
election.
Contribution and receipt limitations. 1. The following
limitations apply to all contributions to candidates for election to any
public office or for nomination for any such office, or for election to
any party positions, and to all contributions to political committees
working directly or indirectly with any candidate to aid or participate
in such candidate's nomination or election, other than any contributions
to any party committee or constituted committee:
a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee,
participating in the state's public campaign financing system pursuant
to title two of this article and no such candidate or political
committee may accept any contribution from any contributor, which is in
the aggregate amount greater than eighteen thousand dollars divided
equally among the primary and general election in an election cycle;
provided however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child, parent,
grandparent, brother and sister, and the spouse of any such persons,
shall not exceed in the case of any nomination to public office an
amount equivalent to the product of the number of enrolled voters in the
candidate's party in the state, excluding voters in inactive status,
multiplied by $.025, and in the case of any election for a public
office, an amount equivalent to the product of the number of registered
voters in the state excluding voters in inactive status, multiplied by
$.025.
b. In any nomination or election of a candidate participating in the
state's public campaign financing system pursuant to title two of this
article, no such candidate or political committee may accept any
contribution from any contributor, which is in the aggregate amount
greater than: (i) in the case of a nomination or election for state
senator, ten thousand dollars, divided equally among the primary and
general election in an election cycle; and (ii) in the case of a
nomination or election for member of the assembly, six thousand dollars,
divided equally among the primary and general election in an election
cycle; provided however, that the maximum amount which may be so
contributed or accepted, in the aggregate, from such candidate's child,
parent, grandparent, brother and sister, and the spouse of any such
persons, shall not exceed in the case of any nomination for state
senator or member of the assembly an amount equivalent to the number of
enrolled voters in the candidate's party in the district in which he or
she is a candidate, excluding voters in inactive status, multiplied by
$.25 and in the case of any election for state senator or member of the
assembly, an amount equivalent to the number of registered voters in the
district, excluding voters in inactive status, multiplied by $.25;
provided, however, in the case of a nomination or election of a state
senator, twenty thousand dollars, whichever is greater, or in the case
of a nomination or election of a member of the assembly twelve thousand
five hundred dollars, whichever is greater, but in no event shall any
such maximum exceed one hundred thousand dollars.
c. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee in
connection with a candidate who is not a participating candidate as
defined in subdivision fourteen of section 14-200-a of this article, and
no such candidate or political committee may accept any contribution
from any contributor, which is in the aggregate amount greater than
eighteen thousand dollars, divided equally among the primary and general
election in an election cycle; provided however, that the maximum amount
which may be so contributed or accepted, in the aggregate, from any
candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case of any
nomination to public office an amount equivalent to the product of the
number of enrolled voters in the candidate's party in the state,
excluding voters in inactive status, multiplied by $.025, and in the
case of any election for a public office, an amount equivalent to the
product of the number of registered voters in the state, excluding
voters in inactive status, multiplied by $.025.
d. In any nomination or election of a candidate who is not a
participating candidate for state senator, ten thousand dollars, divided
equally among the primary and general election in an election cycle; in
the case of a nomination or election for member of the assembly, six
thousand dollars, divided equally among the primary and general election
in an election cycle.
e. In any other election for party position or for election to a
public office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee and no
candidate or political committee may accept any contribution from any
contributor, which is in the aggregate amount greater than: (i) in the
case of any election for party position, or for nomination to public
office, the product of the total number of enrolled voters in the
candidate's party in the district in which he or she is a candidate,
excluding voters in inactive status, multiplied by $.05, and (ii) in the
case of any election for a public office, the product of the total
number of registered voters in the district, excluding voters in
inactive status, multiplied by $.05, however in the case of a nomination
within the city of New York for the office of mayor, public advocate or
comptroller, such amount shall be not less than four thousand dollars
nor more than twelve thousand dollars as increased or decreased by the
cost of living adjustment described in paragraph f of this subdivision;
in the case of an election within the city of New York for the office of
mayor, public advocate or comptroller, twenty-five thousand dollars as
increased or decreased by the cost of living adjustment described in
paragraph f of this subdivision but in no event shall any such maximum
exceed fifty thousand dollars or be less than one thousand dollars;
provided however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child, parent,
grandparent, brother and sister, and the spouse of any such persons,
shall not exceed in the case of any election for party position or
nomination for public office an amount equivalent to the number of
enrolled voters in the candidate's party in the district in which he or
she is a candidate, excluding voters in inactive status, multiplied by
$.25 and in the case of any election to public office, an amount
equivalent to the number of registered voters in the district, excluding
voters in inactive status, multiplied by $.25; or twelve hundred fifty
dollars, whichever is greater, but in no event shall any such maximum
exceed one hundred thousand dollars.
f. (1) At the beginning of each fourth calendar year, commencing in
nineteen hundred ninety-five, the state board shall determine the
percentage of the difference between the most recent available monthly
consumer price index for all urban consumers published by the United
States bureau of labor statistics and such consumer price index
published for the same month four years previously. The amount of each
contribution limit fixed in this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount of each
such contribution limit. Each contribution limit as so adjusted shall be
the contribution limit in effect for any election held before the next
such adjustment.
(2) Provided, however, that such adjustments shall not occur for
candidates seeking statewide office, or the position of state senator or
member of the assembly, whether such candidate does or does not
participate in the public finance program established pursuant to title
two of this article.
g. Notwithstanding any other contribution limit in this section,
participating candidates as defined in subdivision fourteen of section
14-200-a of this article may contribute, out of their own money, three
times the applicable contribution limit to their own authorized
committee.
2. For purposes of this section, contributions other than of money
shall be evaluated at their fair market value. The state board of
elections shall promulgate regulations, consistent with law, governing
the manner of computing fair market value.
3. As used in this section the term "contributor" shall not include a
party committee supporting the candidate of such party or a constituted
committee supporting the candidate of such party.
4. For purposes of this section, a portion of every contribution to a
party committee, expended as other than non-candidate expenditures, and
a portion of every contribution to a political committee authorized to
support more than one candidate, shall be deemed contributed to every
candidate supported by such committee. That portion shall be determined
by allocating the contributions received by the committee among all the
candidates supported by the committee in accordance with any formula
based upon reasonable standards established by the committee. The
statements filed by such committee in accordance with this article shall
set forth, in addition to the other information required to be set
forth, the total amount received by the committee from each contributor
on behalf of all such candidates and the amount of each such
contribution allocated to each candidate by dollar amount and
percentage. Nothing in this subdivision shall require allocating
contributions expended on non-candidate expenditures to candidates.
5. No constituted committee may expend, in any twelve month period
terminating on the day of a general election, other than as
non-candidate expenditures, any portion of any individual contribution
which exceeds, in the case of a state committee, one-half of one cent
for each registered voter in the state, or, in the case of any other
constituted committee, the greater of one cent for each registered voter
in the district in which the committee is organized or five hundred
dollars. The number of such voters shall be determined as of the date of
such general election or as of the date of the general election in
whichever of the preceding four years shall result in the greatest
number.
6. a. A loan made to a candidate or political committee, other than a
constituted committee, by any person, firm, association or corporation
other than in the regular course of the lender's business shall be
deemed, to the extent not repaid by the date of the primary, general or
special election, as the case may be, a contribution by such person,
firm, association or corporation.
b. A loan made to a candidate or political committee, other than a
constituted committee, by any person, firm, association or corporation
in the regular course of the lender's business shall be deemed, to the
extent not repaid by the date of the primary, general or special
election, as the case may be, a contribution by the obligor on the loan
and by any other person endorsing, cosigning, guaranteeing,
collateralizing or otherwise providing security for the loan.
c. Lobbyists, as defined by subdivision (a) of section one-c of the
legislative law or by subdivision (a) of section 3-211 of the
administrative code of the city of New York, political action
committees, labor unions, and any person who has registered with the
state board of elections as an independent expenditure committee
pursuant to subdivision three of section 14-107 of this article are
prohibited from making loans to candidates or political committees;
provided, however, that a lobbyist shall not be prohibited from making a
loan to himself or herself or to his or her own political committee when
such lobbyist is a candidate for office.
7. For the purposes of this section, the number of registered or
enrolled voters shall be determined as of the date of the general,
special or primary election, as the case may be or as of the date of the
general election in any of the preceding four years, whichever date
shall result in the greatest number and candidates running jointly for
the offices of governor and lieutenant governor in a general or special
election shall be deemed to be one candidate.
8. Except as may otherwise be provided for a candidate and his family,
no person may contribute, loan or guarantee in excess of one hundred
fifty thousand dollars within the state in connection with the
nomination or election of persons to state and local public offices and
party positions within the state of New York in any one calendar year.
For the purposes of this subdivision "loan" or "guarantee" shall mean a
loan or guarantee which is not repaid or discharged in the calendar year
in which it is made.
10. a. No contributor may make a contribution to a party or
constituted committee and no such committee may accept a contribution
from any contributor which, in the aggregate, is greater than sixty-two
thousand five hundred dollars per annum.
b. At the beginning of each fourth calendar year, commencing in
nineteen hundred ninety-five, the state board shall determine the
percentage of the difference between the most recent available monthly
consumer price index for all urban consumers published by the United
States bureau of labor statistics and such consumer price index
published for the same month four years previously. The amount of such
contribution limit fixed in paragraph a of this subdivision shall be
adjusted by the amount of such percentage difference to the closest one
hundred dollars by the state board which, not later than the first day
of February in each such year, shall issue a regulation publishing the
amount of such contribution limit. Such contribution limit as so
adjusted shall be the contribution limit in effect for any election held
before the next such adjustment.
11. A board of elections, as defined in subdivision twenty-six of
section 1-104 of this chapter, shall calculate and publish on its
website, on or before the fifteenth day of April, all contribution
limits established pursuant to this section for the county, town, city
and village offices on the ballot in that year, and within the same time
period provide such calculated contribution limits to the state board of
elections in the format required by such board.
Political contributions by certain organizations. 1. No
corporation, limited liability company, joint-stock association or other
corporate entity doing business in this state, except a corporation or
association organized or maintained for political purposes only, shall
directly or indirectly pay or use or offer, consent or agree to pay or
use any money or property for or in aid of any political party,
committee or organization, or for, or in aid of, any corporation,
limited liability company, joint-stock, other association, or other
corporate entity organized or maintained for political purposes, or for,
or in aid of, any candidate for political office or for nomination for
such office, or for any political purpose whatever, or for the
reimbursement or indemnification of any person for moneys or property so
used. Any officer, director, stock-holder, member, owner, attorney or
agent of any corporation, limited liability company, joint-stock
association or other corporate entity which violates any of the
provisions of this section, who participates in, aids, abets or advises
or consents to any such violations, and any person who solicits or
knowingly receives any money or property in violation of this section,
shall be guilty of a misdemeanor.
2. Notwithstanding the provisions of subdivision one of this section,
any corporation or an organization financially supported in whole or in
part, by such corporation, any limited liability company or other
corporate entity may make expenditures, including contributions, not
otherwise prohibited by law, for political purposes, in an amount not to
exceed five thousand dollars in the aggregate in any calendar year;
provided that no public utility shall use revenues received from the
rendition of public service within the state for contributions for
political purposes unless such cost is charged to the shareholders of
such a public service corporation.
3. Each limited liability company that makes an expenditure, or
contribution, for political purposes shall file with the state board of
elections, by December thirty-first of the year in which the expenditure
is made, on the form prescribed by the state board of elections, the
identity of all direct and indirect owners of the membership interests
in the limited liability company and the proportion of each direct or
indirect member's ownership interest in the limited liability company.
Treasurer and depository of political committee; filing of
name and address. 1. Every political committee shall have a treasurer
and a depository, and shall cause the treasurer to keep detailed, bound
accounts of all receipts, transfers, loans, liabilities, contributions
and expenditures, made by the committee or any of its officers, members
or agents acting under its authority or in its behalf. All such accounts
shall be retained by a treasurer for a period of five years from the
date of the filing of the final statement with respect to the election,
primary election or convention to which they pertain. No officer, member
or agent of any political committee shall receive any receipt, transfer
or contribution, or make any expenditure or incur any liability until
the committee shall have chosen a treasurer and depository and filed
their names in accordance with this subdivision. There shall be filed in
the office in which the committee is required to file its statements
under section 14-110 of this article, within five days after the choice
of a treasurer and depository, a statement giving the name and address
of the treasurer chosen, the name and address of any person authorized
to sign checks by such treasurer, the name and address of the depository
chosen and the candidate or candidates or ballot proposal or proposals
the success or defeat of which the committee is to aid or take part;
provided, however, that such statement shall not be required of a
constituted committee and provided further that a political action
committee which makes no expenditures, to aid or take part in the
election or defeat of a candidate, other than in the form of
contributions, shall not be required to list the candidates being
supported or opposed by such committee and shall also disclose the name
and employer for any individual who exerts operational control over the
political action committee as well as any salaried employee of the
political action committee. Such statement shall be signed by the
treasurer and all other persons authorized to sign checks. Any change in
the information required in any statement shall be reported, in an
amended statement filed in the same manner and in the same office as an
original statement filed under this section, within two days after it
occurs, except that any change to the mailing address on any such
statement filed at the state board may also be made in any manner deemed
acceptable by the state board. Only a banking organization authorized to
do business in this state may be designated a depository hereunder.
2. No candidate, political committee, or agent thereof may receive
from any one person an aggregate amount greater than one hundred dollars
except in the form of a check, draft or other instrument payable to the
candidate, political committee or treasurer and signed or endorsed by
the donor; except that such a candidate, political committee or agent
may receive contributions in amounts greater than one hundred dollars
which are made by credit card, provided that such candidate, political
committee or agent preserves, together with the other accounts which
such candidate, committee or agent is required to preserve pursuant to
the provisions of this article, a copy of the document which was
submitted to secure payment of the funds so contributed. All such
checks, drafts or other instruments shall be deposited in the account of
the candidate or committee in the designated depository. No candidate or
political committee shall expend an amount in excess of one hundred
dollars except by check drawn on the depository and signed by the
candidate or person authorized to sign checks by him or in the case of a
political committee, the treasurer or a person authorized to sign checks
by him.
3. (a) Every candidate who receives or expends any money or other
valuable thing or incurs any liability to pay money or its equivalent
shall keep and retain detailed, bound accounts as provided in
subdivision one of this section.
(b) Every candidate required to file sworn statements pursuant to
subdivision one of section 14-104 of this article, other than a
candidate who has filed a statement in lieu thereof at or before the
first filing period as set forth in that section, shall file, in the
office or offices in which he or she is required to file his or her
statements under section 14-110 of this article, on a form prescribed by
the state board for such purposes, a statement providing the name and
address of the depository at which they maintain the accounts from which
he or she conducts his or her own campaign financial activity.
Campaign contribution to be under true name of contributor.
1. No person shall in any name except his own, directly or indirectly,
make a payment or a promise of payment to a candidate or political
committee or to any officer or member thereof, or to any person acting
under its authority or in its behalf or on behalf of any candidate, nor
shall any such committee or any such person or candidate knowingly
receive a payment or promise of payment, or enter or cause the same to
be entered in the accounts or records of such committee, in any name
other than that of the person or persons by whom it is made.
2. Notwithstanding subdivision one of this section, a partnership, as
defined in section ten of the partnership law, may be considered a
separate entity for the purposes of this section, and as such may make
contributions in the name of said partnership without attributing such
contributions to the individual members of the partnership provided that
any such contribution made by a partnership to a candidate or to a
political committee, shall not exceed, twenty-five hundred dollars. In
the event that such partnership contribution to any such candidate or
political committee exceeds twenty-five hundred dollars, the aggregate
amount of such contribution shall be attributed to each partner whose
share of the contribution exceeds ninety-nine dollars.
3. (a) Notwithstanding any law to the contrary, all contributions made
to a campaign or political committee by a limited liability company
shall be attributed to each member of the limited liability company in
proportion to the member's ownership interest in the limited liability
company.
(b) If, by application of paragraph (a) of this subdivision, a
campaign contribution is attributed to a limited liability company, the
contributions shall be further attributed to each member of the limited
liability company in proportion to the member's ownership interest in
the limited liability company.
(c) The state board of elections shall enact regulations that prevent
the avoidance of the rules set forth in paragraphs (a) and (b) of this
subdivision.
Accounting to treasurer or candidate; vouchers. 1. Whoever,
acting as an officer, member or agent of a political committee, or as an
agent of a candidate for election to public office, or for nomination
for public office at a primary election or convention, or for election
to party position at a primary election, receives any receipt,
contribution or transfer, or makes any expenditure or incurs any
liability, shall, within three days after demand and in any event within
fourteen days after any such receipt, transfer, contribution,
expenditure, or liability, give to the treasurer of such committee, or
to such candidate if an agent authorized by him a detailed account of
the same, with all vouchers required by this article, which shall be a
part of the accounts and files of such treasurer or such candidate.
2. Every payment required to be accounted for, unless the total
expense payable to any one person be not in excess of ten dollars; shall
be vouched for by a receipted bill stating the particulars of expense.
Exceptions. 1. This article shall not apply to any person,
association or corporation engaged in the publication or distribution of
any newspaper or other publication issued at regular intervals in
respect to the ordinary conduct of such business.
2. The filing requirements and the expenditure, contribution and
receipt limits of this article shall not apply to any candidate or
committee who or which engages exclusively in activities on account of
which, pursuant to the laws of the United States, there is required to
be filed a statement or report of the campaign receipts, expenditures
and liabilities of such candidate or committee with an office or
officers of the government of the United States, provided a copy of each
such statement or report is filed in the office of the state board of
elections.
2-a. The provisions of sections 14-102, 14-112 and subdivision one of
section 14-118 of this article shall not apply to a political committee
supporting or opposing candidates for state or local office which,
pursuant to the laws of the United States, is required to file a
statement or report of the campaign receipts, expenditures and
liabilities of such committee with an office or officer of the
government of the United States, provided that such committee makes no
expenditures to aid or take part in the election or defeat of a
candidate for state or local office other than in the form of
contributions which do not exceed in the aggregate one thousand dollars
in any calendar year, and provided further, that a copy of the federal
report which lists such contributions is filed with the appropriate
board of elections at the same time that it is filed with the federal
filing office or officer.
3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or
constituted committee to maintain a permanent headquarters and staff and
carry on ordinary activities which are not for the express purpose of
promoting the candidacy of specific candidates; provided that such
monies described in this subdivision shall be deposited in a segregated
account.
4. No candidate and no political committee taking part solely in his
campaign and authorized to do so by him in accordance with this article
and no committee involved solely in promoting the success or defeat of a
ballot proposal shall be required to file a statement required by
sections 14-102 and 14-104 of this article if at the close of the
reporting period for which such statement would be required neither the
aggregate receipts nor the aggregate expenditures by and on behalf of
such candidate or to promote the success or defeat of such proposal, by
such candidate or such political committee or committees exceed one
thousand dollars and such candidate or such committee files, on the
filing date otherwise provided, a statement, sworn or subscribed and
bearing a form notice that false statements made therein are punishable
as a class A misdemeanor pursuant to section 210.45 of the penal law,
stating that each of such aggregate receipts and aggregate expenditures
does not exceed one thousand dollars.
5. The provisions of sections 14-104 and 14-112, and subdivision a of
section 14-118 shall not apply to any candidate for member of a county
committee of a political party or any candidate for delegate or
alternate delegate to a judicial district convention if the campaign
expenditures made by or on behalf of such candidate do not exceed fifty
dollars.
6. The provisions of sections 14-102, 14-104 and 14-118 respectively,
of this article shall not apply to a candidate or a committee taking
part solely in his campaign and authorized to do so by him in accordance
with the provisions of this article in a campaign for election to public
office or to a committee involved solely in promoting the success or
defeat of a ballot proposal in a city, town or village having a
population of less than ten thousand, as shown by the latest federal or
state census or enumeration, unless the aggregate receipts of said
candidate and his authorized committees or the committees promoting the
success or defeat of a proposal or the aggregate expenditures made by
such candidate and his authorized committees or the committees promoting
the success or defeat of a proposal exceed one thousand dollars.
7. No candidate who is unopposed in a primary election and no
political committee authorized by him pursuant to the provisions of this
article and taking part solely in his campaign shall be required to file
the two statements of receipts, expenditures and contributions required
by this article to be filed immediately prior to such uncontested
primary election, provided that all the information which would be
required to be filed in such statements for a candidate for election to
public office shall be contained in the first statement required to be
filed in connection with the ensuing general election.
8. A political committee formed solely to promote the success or
defeat of any ballot proposal submitted to vote at a public election is
exempt from filing statements required by this article until that
committee has received or expended an amount in excess of one hundred
dollars.
Violations; penalties. 1. (a) Any person who fails to file a
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of one thousand dollars, to be recoverable
in a special proceeding or civil action to be brought by the chief
enforcement counsel pursuant to section 16-114 of this chapter. Any
person who, three or more times within a given election cycle for such
term of office, fails to file a statement or statements required to be
filed by this article, shall be subject to a civil penalty, not in
excess of ten thousand dollars, to be recoverable as provided for in
this subdivision.
(b) All payments received by the state board of elections pursuant to
this section shall be retained in the appropriate accounts as designated
by the division of the budget for enforcement activities by the board of
elections.
2. Any person who, acting as or on behalf of a candidate or political
committee, under circumstances evincing an intent to violate such law,
unlawfully accepts a contribution in excess of a contribution limitation
established in this article, shall be required to refund such excess
amount and shall be subject to a civil penalty equal to the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state board of
elections chief enforcement counsel.
3. Any person who falsely identifies or knowingly fails to identify
any independent expenditure as required by subdivision two of section
14-107 of this article or any political communication as required in
section 14-106 of this article shall be subject to a civil penalty up to
one thousand dollars or up to the cost of the communication, whichever
is greater, in a special proceeding or civil action brought by the state
board of elections chief enforcement counsel pursuant to paragraph (a)
of subdivision five of section 3-104 of this chapter. For purposes of
this subdivision, the term "person" shall mean a person, group of
persons, corporation, unincorporated business entity, labor organization
or business, trade or professional association or organization or
political committee.
3-a. Any person who, acting as or on behalf of an independent
expenditure committee or a political action committee, knowingly and
willfully violates the provisions of section 14-107-a of this article
shall be subject to a civil penalty, up to one thousand dollars or up to
the cost of the communication, whichever is greater, to be recoverable
in a special proceeding or civil action to be brought by the state board
of elections.
4. Any person who knowingly and willfully fails to file a statement
required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and
willfully violates any other provision of this article shall be guilty
of a misdemeanor.
5. Any person who knowingly and willfully contributes, accepts or aids
or participates in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be
guilty of a class A misdemeanor.
6. Any person who shall, acting on behalf of a candidate or political
committee, knowingly and willfully solicit, organize or coordinate the
formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or election
of any candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
7. Any online platform that fails to comply with the requirements of
section 14-107-b of this article shall be subject to a civil penalty up
to one thousand dollars for each violation in a special proceeding or
civil action brought by the state board of elections chief enforcement
counsel pursuant to paragraph (a) of subdivision five of section 3-104
of this chapter.
Notice of civil penalty to authorizing candidate. If any
person fails to file a statement of campaign receipts and expenditures
for a candidate authorized political committee, and thereafter said
person is a party to recovery of a civil penalty in a special proceeding
or civil action brought by the state board of elections or other board
of elections under section 14-126 of this article, said board of
elections shall also provide the authorizing candidate with actual
notice of the civil penalty, and the special proceeding or civil action
by certified mail, return receipt requested, or by personal service.
Disposition of anonymous contributions. Any anonymous
contributions received by a campaign treasurer, political committee or
agency thereof shall not be used or expended, but the same shall be paid
over to the comptroller of the state of New York for deposit in the
general treasury of the state unless, before the date for filing
statements and reports as herein provided, the identity of such
anonymous contributor shall become known, and, in such event the
anonymous contribution shall be returned to such contributor or retained
and properly reported as a contribution from such contributor.
Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may be expended for any lawful
purpose. Such funds shall not be converted by any person to a personal
use which is unrelated to a political campaign or the holding of a
public office or party position.
2. No contribution shall be used to pay interest or any other finance
charges upon monies loaned to the campaign by such candidate or the
spouse of such candidate.
3. For the purposes of this section, contributions "converted by any
person to a personal use" are expenditures that are exclusively for the
personal benefit of the candidate or any other individual, not in
connection with a political campaign or the holding of a public office
or party position. "Converted by any person to a personal use", when
meeting the definition in this subdivision, shall include, but not be
limited to, expenses for the following:
(i) any residential or household items, supplies or expenditures,
including mortgage, rent or utility payments for any part of any
personal residence of a candidate or officeholder or a member of the
candidate's or officeholder's family that are not incurred as a result
of, or to facilitate, the individual's campaign, or the execution of his
or her duties of public office or party position. In the event that any
property or building is used for both personal and campaign use or as
part of the execution of his or her duties of public office or party
position, personal use shall constitute expenses that exceed the
pro-rated amount for such expenses based on fair-market value.
(ii) mortgage, rent, or utility payments to a candidate or
officeholder for any part of any non-residential property that is owned
by a candidate or officeholder or a member of a candidate's or
officeholder's family and used for campaign purposes, to the extent the
payments exceed the fair market value of the property's usage for
campaign activities;
(iii) clothing, other than items that are used in the campaign or in
the execution of the duties of public office or party position;
(iv) tuition payments unrelated to a political campaign or the holding
of a public office or party position;
(v) salary payments or other compensation provided to any person for
services where such services are not solely for campaign purposes or
provided in connection with the execution of the duties of public office
or party position;
(vi) salary payments or other compensation provided to a member of a
candidate's family, unless the family member is providing bona fide
services to the campaign. If a family member provides bona fide services
to a campaign, any salary payments or other compensation in excess of
the fair market value of the services provided shall be considered
payments for personal use;
(vii) admission to a sporting event, concert, theater, or other form
of entertainment, unless such event is part of, or in connection with, a
campaign or is related to the holding of public office or party
position;
(viii) payment of any fines or penalties assessed against the
candidate pursuant to this chapter or in connection with a criminal
conviction or by the joint commission for public ethics pursuant to
section ninety-four of the executive law or sections seventy-three or
seventy-three-a of the public officers law or the legislative ethics
commission pursuant to section eighty of the legislative law;
(ix) dues, fees, or gratuities at a country club, health club,
recreational facility or other entities with a similar purpose, unless
they are expenses connected with a specific fundraising event or
activity associated with a political campaign or the holding of public
office or party position that takes place on the organization's
premises;
(x) travel expenses including automobile purchases or leases, unless
used for campaign purposes or in connection with the execution of the
duties of public office or party position and usage of such vehicle
which is incidental to such purposes or the execution of such duties;
and
(xi) childcare expenses, other than expenses incurred in the campaign
or in the execution of the duties of public office or party position.
4. Nothing in this section shall prohibit a candidate from purchasing
equipment or property from his or her personal funds and leasing or
renting such equipment or property to a committee working directly or
indirectly with him to aid or participate in his or her nomination or
election, including an exploratory committee, provided that the
candidate and his or her campaign treasurer sign a written lease or
rental agreement. Such agreement shall include the lease or rental
price, which shall not exceed the fair lease or rental value of the
equipment. The candidate shall not receive lease or rental payments
which, in the aggregate, exceed the cost of purchasing the equipment or
property.
5. Nothing in this section shall prohibit an elected public
officeholder from using campaign contributions to facilitate, support,
or otherwise assist in the execution or performance of the duties of his
or her public office.
6. The state board of elections shall issue advisory opinions upon
request regarding expenditures that may or may not be considered
personal use of contributions. Any formal or informal advisory opinions
issued by a majority vote of the commissioners of the state board of
elections shall be binding on the board, the chief enforcement counsel
established by subdivision three-a of section 3-100 of this chapter, and
in any subsequent civil or criminal action or proceeding or
administrative proceeding.
Disposition of campaign funds. 1. Upon the death of a
candidate, former candidate or holder of elective office, where such
candidate or candidate's authorized committee received campaign
contributions, all such funds shall be disposed of by any of the
following means, or any combination thereof, within two years of the
death of such person:
(a) returning, pro rata, to each contributor the funds that have not
been spent or obligated;
(b) donating the funds to a charitable organization or organizations
that meet the qualifications of section 501(c)(3) of the Internal
Revenue Code;
(c) donating the funds to the state university of New York or the city
university of New York;
(d) donating the funds to the state's general fund; or
(e) contributing or transferring the funds to a candidate, party,
constituted or political committee in accordance with the applicable
limits, if any, set forth in this article.
2. No such candidate's authorized political committee shall dispose of
campaign funds by making expenditures for personal use as defined in
section 14-130 of this article.
3. If funds are not disposed of within the time required by this
section, such funds shall be recoverable by the chief enforcement
counsel of the state board of elections in a special proceeding in state
supreme court in the manner prescribed by section 16-116 of this chapter
and deposited into the state's general fund.
TITLE 2 Public Financing
Legislative findings and intent. The legislature finds that
reform of New York state's campaign finance system is crucial to
improving public confidence in the state's democratic processes and
continuing to ensure a government that is accountable to all of the
voters of the state regardless of wealth or position. The legislature
finds that New York's current system of campaign finance, with its large
contributions to candidates for office and party committees, has created
the potential for and the appearance of corruption. The legislature
further finds that, whether or not this system creates actual
corruption, the appearance of such corruption can give rise to a
distrust in government and citizen apathy that undermines the democratic
operation of the political process.
The legislature also finds that the high cost of running for office in
New York discourages qualified candidates from running for office and
creates an electoral system that encourages candidates to spend too much
time raising money rather than attending to the duties of their office,
representing the needs of their constituents, and communicating with
voters.
The legislature amends this article creating a new title to this
article to reduce the possibility and appearance that special interests
exercise undue influence over state officials; to increase the actual
and apparent responsiveness of elected officials to all voters; to
encourage qualified candidates to run for office; and to reduce the
pressure on candidates to spend large amounts of time raising large
contributions for their campaigns.
The legislature also finds that the system of voluntary public
financing furthers the government's interest in encouraging qualified
candidates to run for office. The legislature finds that the voluntary
public funding program will enlarge the public debate and increase
participation in the democratic process. In addition, the legislature
finds that the voluntary expenditure limitations and matching fund
program reduce the burden on candidates and officeholders to spend time
raising money for their campaigns.
Therefore, the legislature declares that these amendments further the
important and valid government interests of reducing voter apathy,
building confidence in government, reducing the reality and appearance
of corruption, and encouraging qualified candidates to run for office,
while reducing candidates' and officeholders' fundraising burdens.
Definitions. For the purposes of this title, the following
terms shall have the following meanings:
1. "authorized committee" means the political committee designated by
a candidate pursuant to this title to receive contributions and make
expenditures in support of the candidate's campaign for such election.
2. "PCFB" means the public campaign finance board established in this
title, unless otherwise specified.
3. "contribution" shall have the same meaning as appears in
subdivision nine of section 14-100 of this article.
4. "contributor" means any person or entity that makes a contribution.
5. "covered election" means any primary, general, or special election
for nomination for election, or election, to the office of governor,
lieutenant governor, attorney general, state comptroller, state senator,
or member of the assembly.
6. "election cycle" means the two-year period starting the day after
the last general election for candidates for the state legislature and
shall mean the four-year period starting after the day after the last
general election for candidates for statewide office.
7. "expenditure" means any gift, subscription, advance, payment, or
deposit of money, or anything of value, or a contract to make any gift,
subscription, payment, or deposit of money, or anything of value, made
in connection with the nomination for election, or election, of any
candidate. Expenditures made by contract are deemed made when such funds
are obligated.
8. "fund" means the New York state campaign finance fund established
pursuant to section ninety-two-t of the state finance law.
9. "immediate family" means a spouse, domestic partner, child,
sibling, or parent.
10. "item with significant intrinsic and enduring value" means any
item, including tickets to an event, that are valued at twenty-five
dollars or more.
11. (a) "matchable contribution" means a contribution not less than
five dollars and not more than two hundred fifty dollars per each
covered election, for a candidate for public office to be voted on by
the voters of the entire state or for nomination to any such office, a
contribution for any covered elections held in the same election cycle,
made by a natural person who is a resident in the state of New York to a
participating candidate, and for a candidate for election to the state
assembly or state senate or for nomination to any such office, a
contribution for any covered elections held in the same election cycle,
made by a natural person who is also a resident of such state assembly
or state senate district from which such candidate is seeking nomination
or election, that has been reported in full to the PCFB in accordance
with sections 14-102 and 14-104 of this article by the candidate's
authorized committee and has been contributed on or before the day of
the applicable primary, general, runoff, or special election. Any
contribution, contributions, or a portion of a contribution determined
to be invalid for matching funds by the PCFB may not be treated as a
matchable contribution for any purpose.
(b) The following contributions are not matchable:
(i) loans;
(ii) in-kind contributions of property, goods, or services;
(iii) contributions in the form of the purchase price paid for an item
with significant intrinsic and enduring value;
(iv) transfers from a party or constituted committee;
(v) anonymous contributions;
(vi) contributions whose source is not itemized as required by these
recommendations;
(vii) contributions gathered during a previous election cycle;
(viii) illegal contributions;
(ix) contributions from minors;
(x) contributions from vendors for campaigns hired by the candidate
for such election cycle;
(xi) contributions from lobbyists registered pursuant to subdivision
(a) of section one-c of the legislative law; and
(xii) the portion of a contribution which is in excess of two hundred
fifty dollars, as a single contribution or in the aggregate, from any
one contributor to such participating candidate for nomination or
election. Provided, however, that any portion of a contribution totaling
over one thousand fifty dollars as a single contribution or in the
aggregate shall not be matchable in any amount.
13. "nonparticipating candidate" means a candidate for a covered
election who fails to file a written certification in the form of an
affidavit pursuant to these recommendation by the applicable deadline.
14. "participating candidate" means any candidate for nomination for
election, or election, to the office of governor, lieutenant governor,
attorney general, state comptroller, state senator, or member of the
assembly, who files a written certification in the form determined by
the PCFB.
15. "post-election period" means the period following an election when
a candidate is subject to an audit.
16. "qualified campaign expenditure" means an expenditure for which
public matching funds may be used.
17. "threshold for eligibility" means the amount of matchable
contributions that a candidate's authorized committee must receive in
total in order for such candidate to qualify for voluntary public
financing under this title.
18. "transfer" means any exchange of funds between a party or
constituted committee and a candidate or any of his or her authorized
committees.
19. "surplus" means those funds where the total sum of contributions
received and public matchable funds received by a participating
candidate and their authorized committee exceeds the total campaign
expenditures of such candidate and authorized committee for all covered
elections held in the same calendar year or for a special election to
fill a vacancy. For the purposes of this subdivision, total campaign
expenditures shall include transfers, contributions out and all other
lawful liabilities incurred.
Political committee registration. 1. Political committees,
as defined pursuant to subdivision one of section 14-100 of this
article, shall register with the state board of elections before making
any contribution or expenditure. The state board of elections shall
publish a cumulative list of political committees that have registered,
including on its webpage, and regularly update it.
2. Only one authorized committee per candidate per elective office
sought. Before receiving any contribution or making any expenditure for
a covered election, each candidate shall notify the PCFB as to the
existence of their authorized committee that has been approved by such
candidate. Candidates may designate an existing authorized political
committee that is associated with and approved by such candidate for the
elective office sought, including an authorized political committee from
a previous election cycle, and shall not be required to establish a new
authorized committee for each election cycle. Each candidate shall have
one and only one authorized committee per elective office sought. Each
authorized committee shall have a treasurer.
3. (a) In addition to each authorized and political committee
reporting to the PCFB every contribution and loan received and every
expenditure made in the time and manner prescribed by sections 14-102,
14-104, and 14-108 of this article, each authorized and political
committee for participating candidates shall also submit disclosure
reports on March fifteenth of each election year reporting to the PCFB
every contribution and loan received and every expenditure made. For
contributors who make aggregate contributions of one hundred dollars or
more, each authorized and political committee shall report to the PCFB
the occupation and business address of each contributor and lender. The
PCFB shall revise, prepare, and post forms on its webpage that
facilitate compliance with the requirements of this section.
(b) The PCFB shall review each disclosure report filed and shall
inform authorized and political committees of relevant questions it has
concerning: (i) compliance with requirements of this title and of the
rules issued by the PCFB, and (ii) qualification for receiving public
matching funds pursuant to this title. In the course of this review, it
shall give authorized and political committees an opportunity to respond
to and correct potential violations and give candidates an opportunity
to address questions it has concerning their matchable contribution
claims or other issues concerning eligibility for receiving public
matching funds pursuant to this title.
(c) Contributions that are not itemized in reports filed with the PCFB
shall not be matchable.
(d) Participating candidates may file reports of contributions as
frequently as once a week on Monday so that their matching funds may be
paid at the earliest allowable date.
Proof of compliance. Authorized and political committees
shall maintain such records of receipts and expenditures for a covered
election as required by the PCFB. Authorized and political committees
shall obtain and furnish to the PCFB any information it may request
relating to financial transactions or contributions and furnish such
documentation and other proof of compliance with this title as may be
requested. In compliance with section 14-108 of this article, authorized
and political committees shall maintain copies of such records for a
period of five years.
Eligibility. 1. Terms and conditions. To be eligible for
public matching funds under this title, a candidate must:
(a) be a candidate in a covered election;
(b) meet all the requirements of law to have their name on the ballot,
subject to the requirements of subdivision three of section 1-104 and
subdivision one of section 6-142 of this chapter;
(c) in the case of a covered general or special election, be opposed
by another candidate on the ballot who is not a write-in candidate;
(d) submit a certification in the form of an affidavit, in such form
as may be prescribed by the PCFB, that sets forth their acceptance of
and agreement to comply with the terms and conditions for the provision
of such funds in each covered election and such certification shall be
submitted at least four months before a primary election, or in the case
of a substitution, no later than one week after a certificate of
substitution is filed for the designation or nomination of such
candidate, and on the last day in which a certification of nomination is
filed in a special election pursuant to a schedule promulgated by the
PCFB;
(e) be certified as a participating candidate by the PCFB;
(f) not make, and not have made, expenditures from or use their
personal funds or property or the personal funds or property jointly
held with their spouse, or unemancipated children in connection with
their nomination for election or election to a covered office, but may
make a contribution to their authorized committee in an amount that does
not exceed three times the applicable contribution limit from an
individual contributor to candidates for the office that such candidate
is seeking;
(g) meet the threshold for eligibility set forth in subdivision two of
this section;
(g-1) not owe any payments, repayments, or civil penalties pursuant to
this title or any regulations promulgated thereunder, or any similar
payments, repayments, or civil penalties under any local public campaign
finance program within the previous ten years;
(h) continue to abide by all requirements during the post-election
period; and
(i) not have accepted contributions in amounts exceeding the
contribution limits set forth for candidates in paragraphs a and b of
subdivision one of section 14-114 of this article during the election
cycle for which the candidate seeks certification;
(i) Provided however, that, if a candidate accepted contributions
exceeding such limits, such acceptance shall not prevent the candidate
from being certified by the PCFB if the candidate in a reasonable time,
as determined by rule, pays to the fund or returns to the contributor
the portion of any contribution that exceeded the applicable
contribution limit.
(ii) If the candidate is unable to return such funds in a reasonable
time, as determined by rule, because they have already been spent,
acceptance of contributions exceeding the limits shall not prevent the
candidate from being certified by the PCFB if the candidate submits an
affidavit agreeing to pay to the fund all portions of any contributions
that exceeded the limit no later than thirty days before the general
election. If a candidate provides the PCFB with such an affidavit, any
disbursement of public funds to the candidate shall be reduced by no
more than twenty-five percent until the total amount owed by the
candidate is repaid.
(iii) Nothing in this section shall be interpreted to require a
candidate who retains funds raised during any previous election cycle to
forfeit such funds. Funds raised during a previous election cycle may be
retained and used by the candidate for the candidate's campaign in the
next election cycle but funds shall not qualify for satisfying the
threshold for participating in the public campaign finance program
established in this title nor shall they be eligible to be matched. The
PCFB shall adopt regulations to ensure that contributions that would
satisfy the applicable contribution limits authorized in this title
shall be transferred into the appropriate campaign account.
(iv) Contributions received and expenditures made by the candidate or
an authorized committee of the candidate prior to the effective date of
this title shall not constitute a violation of this title. Nothing in
this recommendation shall be construed to limit, in any way, any
candidate or public official from expending any portion of pre-existing
campaign funds for any lawful purpose other than those related to their
campaign.
(v) A candidate who has raised matchable contributions but, in the
case of a covered primary, general or special election, is not opposed
by another candidate on the ballot who is not a write-in candidate, or
who chooses not to accept matchable funds, may retain such contributions
and apply them in accord with this title to the candidate's next
campaign, should there be one, in the next election cycle.
(vi) The total amount of public matching funds available to a
participating candidate and their authorized committee for a covered
general election pursuant to subdivision two of section 14-204 of this
title shall be reduced by any unexpended public matching funds received
by such candidate and their authorized committee for a covered primary
election.
2. Threshold for eligibility. (a) The threshold for eligibility for
public funding for participating candidates shall be in the case of:
(i) governor and lieutenant governor (combined), not less than five
hundred thousand dollars in contributions including at least five
thousand matchable contributions shall be counted toward this qualifying
threshold;
(ii) attorney general and comptroller, not less than one hundred
thousand dollars in contributions including at least one thousand
matchable contributions shall be counted toward this qualifying
threshold;
(iii) state senator, except as otherwise provided in paragraph (c) of
this subdivision, not less than twelve thousand dollars in contributions
including at least one hundred fifty matchable contributions shall be
counted toward this qualifying threshold; and
(iv) member of the assembly, except as otherwise provided in paragraph
(c) of this subdivision, not less than six thousand dollars in
contributions including at least seventy-five matchable contributions
shall be counted toward this qualifying threshold.
(b) For purposes of achieving the monetary thresholds and the
contributor thresholds in paragraph (a) of this subdivision, the first
two hundred fifty dollars of any contribution of more than two hundred
fifty dollars to a candidate or a candidate's committee is deemed to be
a matchable contribution and shall count toward satisfying such
thresholds.
(b-1) The first two hundred fifty dollars of any contribution or
contributions totaling up to a maximum of one thousand fifty dollars in
the aggregate to a candidate or candidate's committee shall be
considered a matchable contribution provided that such contribution is
otherwise determined to be valid for public matching funds by the PCFB;
provided, however, that only the portion of any such contribution which
is in excess of two hundred fifty dollars in the aggregate shall not be
deemed matchable; and provided further, that any contributions totaling
over one thousand fifty dollars in the aggregate shall not be matchable
in any amount.
(c) With respect to the minimum dollar threshold for participating
candidates for state senate and state assembly, in such districts where
average median income ("AMI") is below the AMI as determined by the
United States Census Bureau three years before such election for which
public funds are sought, such minimum dollar threshold for eligibility
shall be reduced by one-third. The PCFB shall make public which
districts are subject to such reduction no later than two years before
the first primary election for which funding is sought.
(d) Any participating candidate meeting the threshold for eligibility
in a primary election for one of the foregoing offices shall be applied
to satisfy the threshold for eligibility for such office in any other
subsequent election held in the same calendar year. Any participating
candidate who is nominated in a primary election and has participated in
the public financing program set forth in this title, shall not be
required to participate in the public financing program for the general
election for such office should they choose to run in the general
election.
Limits on public financing. The following limitations apply
to the total amounts of public funds that may be provided to a
participating candidate's authorized committee for an election cycle:
1. In any primary election, receipt of public funds by participating
candidates and by their participating committees shall not exceed:
(a) for Governor and Lieutenant Governor (combined) $3,500,000
(b) for Attorney General or Comptroller $3,500,000
(c) for State Senator $375,000
(d) for Member of the Assembly $175,000
2. In any general or special election, receipt of public funds by a
participating candidate's authorized committees shall not exceed:
(a) for Governor and Lieutenant Governor (combined) $3,500,000
(b) for Attorney General $3,500,000
(c) for Comptroller $3,500,000
(d) for State Senator $375,000
(e) for Member of the Assembly $175,000
3. No participating candidate for nomination for an office who is not
opposed by a candidate on the ballot in a primary election shall be
entitled to payment of public matching funds, except that, where there
is a contest in such primary election for the nomination of at least one
of the two political parties with the highest and second highest number
of enrolled members for such office, a participating candidate who is
unopposed in the primary election may receive public funds before the
primary election, for expenses incurred on or before the date of such
primary election, in an amount equal to up to half the sum set forth in
paragraph one of this section.
4. Nothing in this section shall be construed to limit the amount of
private funds a candidate may receive subject to the contribution limits
contained in section 14-114 of this article. Any contributions so
received which are not expended in the general election may be applied
to the next covered election for an office for which such candidate
seeks nomination or election.
5. A candidate only on the ballot in one or more primary elections in
which the number of persons eligible to vote for party nominees in each
such election totals fewer than one thousand shall not receive public
funds in excess of five thousand dollars for qualified campaign
expenditures in such election or elections; provided, however, such
candidate may receive up to five thousand dollars per each additional
one thousand voters over the first one thousand voters but shall not
receive public funds in excess of fifteen thousand dollars total for
qualified campaign expenditures in such election or elections. For the
purposes of this section, the number of persons eligible to vote for
party nominees in a primary election shall be as determined by the state
board of elections for the calendar year of the primary election. A
candidate for office on the ballot in more than one primary for such
office, shall be deemed, for purposes of this recommendation, to be a
single candidate.
Payment of public matching funds. 1. Determination of
eligibility. No public matching funds shall be paid to an authorized
committee unless the PCFB determines that the participating candidate
has met the eligibility requirements of this title. Payment shall not
exceed the amounts specified in subdivision two of this section, and
shall be made only in accordance with the provisions of this title. Such
payment may be made only to the participating candidate's authorized
committee. No public matching funds shall be used except as
reimbursement or payment for qualified campaign expenditures actually
and lawfully incurred or to repay loans used to pay qualified campaign
expenditures.
2. Calculation of payment. (a) In any election for a public office to
be voted on by the voters of the entire state or for nomination to any
such office, if the threshold for eligibility is met, the participating
candidate's authorized committee shall receive payment for qualified
campaign expenditures of six dollars of public matching funds for each
one dollar of matchable contributions, obtained and reported to the PCFB
in accordance with the provisions of this title. The maximum payment of
public matching funds shall be limited to the amounts set forth in this
section for the covered election.
(b) In any election for state senate or state assembly or for
nomination to any such office, if the threshold for eligibility is met,
the participating candidate's authorized committee shall receive payment
for qualified campaign expenditures for matchable contributions of
eligible private funds per contributor, obtained, and reported to the
PCFB herein, of: twelve dollars of public matching funds for each of the
first fifty dollars of matchable contributions; nine dollars of public
matching funds for each of the next one hundred dollars of public
matchable contributions; and eight dollars for the each of the next one
hundred dollars of public matchable contributions. The maximum payment
of public matching funds shall be limited to the amounts set forth in
this section for the covered election.
3. Timing of payment. (a) The PCFB shall make any payment of public
matching funds to participating candidates as soon as is practicable.
But in all cases, it shall verify eligibility for public matching funds
within four days, excluding weekends and holidays, of receiving a
campaign contribution report filed in compliance with section 14-104 of
this article. Within two days of determining that a candidate for a
covered office is eligible for public matching funds, it shall authorize
payment of the applicable matching funds owed to the candidate.
(b) The PCFB shall schedule payment dates as follows: for the primary
election period, one payment no later than one week after the deadline
to accept or decline designations for the primary election, and at least
four payments prior to the primary date; for the general election
period, one payment no later than July first, at least one additional
payment in July, at least one payment in August, at least two payments
in September, at least two payments in October, at least one payment in
November, and at least one payment in December; and for any other
covered election, a minimum of three payment days within the thirty days
prior to such covered election. If any of such payments would require
payment on a weekend or federal holiday, payment shall be made on the
next business day. A certification pursuant to paragraph (d) of
subdivision one of section 14-203 of this title shall be required to
have been filed with the PCFB no later than fifteen business days prior
to the payment date on which a participating candidate is eligible to
receive public funds pursuant to this subdivision. For purposes of such
payment dates, the PCFB shall provide each candidate with a written
determination specifying the basis for any non-payment and a report of
all contributions accepted and matched with public funds.
4. Notwithstanding any provision of this section to the contrary, the
amount of public funds payable to a participating candidate on the
ballot in any covered election shall not exceed one-quarter of the
maximum public funds payment otherwise applicable and no participating
candidate shall be eligible to receive a disbursement of public funds
prior to two weeks after the last day to file designating petitions for
a primary election unless the participating candidate is opposed by a
competitive candidate. A participating candidate shall be considered
opposed by a competitive candidate when at least one of the following
conditions are met:
(a) For a covered general election only if the margin of victory was
twenty points or less in a contest involving an opposing major party
candidate in an election for public office in an area encompassing all
or part of the area that is the subject of the current election in the
last eight years preceding the election of the covered office sought.
(b) The opposing candidate has received the endorsement of a current
or former statewide elected official, or a current or former federal
elected official representing all or a portion of the area represented
by the covered office sought, or a current or former United States
senator, or in the case of a district that encompasses a portion of New
York city, a current or former citywide elected official.
(c) The opposing candidate has received three or more endorsements
from other current or former state, county, city, town, or village
elected officials who represent all or a part of the area covered by the
election.
(d) In the past ten years, the opposing candidate's spouse, domestic
partner, sibling, parent, or child holds or has held elective office in
an area encompassing all or part of the district represented by the
covered office sought.
(e) The opposing candidate has been deemed eligible to receive public
funds payment for the covered election.
(f) The general election in that district was within a twenty-point
margin within the last six years.
(g) The opposing candidate is self-funding in an amount equal to the
minimum dollar thresholds for eligibility set forth in paragraph (a) or
(c) of subdivision two of section 14-203 of this title.
(h) The opposing candidate previously held elected office.
(i) The opposing candidate has received endorsement of one or more
membership organizations with a membership of over one hundred fifty
members; provided however, that the participating candidate must provide
a description of the organization endorsing such opposing candidate and
attach any available evidence of such endorsement.
(j) Within the last eight years, the opposing candidate has received
twenty-five percent or more of the vote in an election for public office
in an area encompassing all or part of the district represented by the
covered office sought.
5. Electronic funds transfer. The PCFB shall, in consultation with the
office of the comptroller, promulgate rules to facilitate electronic
funds transfers directly from the campaign finance fund into an
authorized committee's bank account.
6. Irregularly scheduled elections. Notwithstanding any other
provision of this title, the PCFB shall promulgate rules to provide for
the prompt issuance of public matching funds to eligible participating
candidates for qualified campaign expenditures in the case of any other
covered election held on a day different from the day originally
scheduled, including special elections. Provided, however in all cases,
the PCFB shall: (a) within four days, excluding weekends and holidays,
of receiving a report of contributions from a candidate for a covered
office claiming eligibility for public matching funds, verify that
candidate's eligibility for public matching funds; and (b) within two
days of determining that the candidate for a covered office is eligible
for public matching funds, it shall authorize payment of the applicable
matching funds owed to the candidate.
Use of public matching funds; qualified campaign
expenditures. 1. Public matching funds provided pursuant to this title
may be used only by an authorized committee for expenditures to further
the participating candidate's nomination for election or election,
including paying for debts incurred within one year prior to an election
to further the participating candidate's nomination for election or
election.
2. Such public matching funds may not be used for:
(a) an expenditure in violation of any law;
(b) an expenditure in excess of the fair market value of services,
materials, facilities, or other things of value received in exchange;
(c) an expenditure made after the candidate has been finally
disqualified from the ballot;
(d) an expenditure made after the only remaining opponent of the
candidate has been finally disqualified from the general or special
election ballot;
(e) an expenditure made by cash payment;
(f) a contribution or loan or transfer made to or expenditure to
support another candidate or political committee or party committee or
constituted committee;
(g) an expenditure to support or oppose a candidate for an office
other than that which the participating candidate seeks;
(h) gifts, except brochures, buttons, signs, tee shirts and other
printed campaign material;
(i) legal fees to defend against a criminal charge;
(j) any expenditure made to challenge the validity of any petition of
designation or nomination or any certificate of nomination, acceptance,
authorization, declination, or substitution;
(k) payments made to the candidate or a spouse, domestic partner,
child, grandchild, parent, grandparent, brother or sister of the
candidate or spouse or domestic partner of such child, grandchild,
parent, grandparent, brother or sister, or to a business entity in which
the candidate or any such person has a ten percent or greater ownership
interest;
(l) an expenditure made primarily for the purpose of expressly
advocating a vote for or against a ballot proposal, other than
expenditures made also to further the participating candidate's
nomination for election or election;
(m) payment of any settlement, penalty or fine imposed pursuant to
federal, state or local law;
(n) payments made through advances, except in the case of individual
purchases less than two hundred fifty dollars; or
(o) expenditures to facilitate, support, or otherwise assist in the
execution or performance of the duties of public office.
Composition, powers, and duties of the public campaign
finance board. 1. There shall be a public campaign finance board within
the state board of elections that shall be comprised of the following
commissioners: the four state board of elections commissioners and three
additional commissioners, one jointly appointed by the legislative
leaders of one major political party in each house of the legislature,
one jointly appointed by the legislative leaders of the other major
political party in each house of the legislature, and one of whom shall
be appointed by the governor. Each commissioner must be a New York state
resident and registered voter, and may not currently be, or within the
previous five years have been, an officer of a political party or
political committee as defined in the election law, or a registered
lobbyist. The chair of the PCFB shall be designated by the PCFB from
among the three additional commissioners. Each of the three additional
commissioners shall receive a per diem of three hundred fifty dollars
for work actually performed not to exceed twenty-five thousand dollars
in any one calendar year. They shall be considered public officers for
purposes of sections seventy-three-a and seventy-four of the public
officers law. The three commissioners so appointed pursuant to this
recommendation will be appointed for a term of five years to commence on
July first, two thousand twenty and may be removed by their appointing
authority solely for substantial neglect of duty, gross misconduct in
office, inability to discharge the power or duties of office, after
written notice and opportunity to be heard. During the period of their
term as a commissioner appointed hereunder, each such commissioner is
barred from making, or soliciting from other persons, any contributions
to candidates for election to the offices of governor and lieutenant
governor, attorney general, comptroller, member of the assembly, or
state senator. Any vacancy occurring on the PCFB shall be filled within
thirty days of its occurrence in the same manner as the member whose
vacancy is being filled was appointed. A person appointed to fill a
vacancy occurring other than by expiration of a term of office shall be
appointed for the unexpired term of the member they succeed. Four
members of the PCFB shall constitute a quorum, and the PCFB shall have
the power to act by majority vote of the total number of members of the
commission without vacancy. All members of the PCFB shall be appointed
no later than the first day of July, two thousand twenty and the PCFB
shall promulgate such regulations as are needed no later than the first
day of July, two thousand twenty-one.
2. The PCFB and state board of elections may utilize existing state
board of elections staff and hire such other staff as are necessary to
carry out its duties. It may expand its staffing, as needed, to provide
additional candidate liaisons to assist candidates in complying with the
terms of this public campaign finance system as provided for in these
recommendations, as well as auditors, trainers, attorneys, technical
staff and other such staff as the PCFB determines is necessary to
administer this system. Annually, on or before the first of every year,
the PCFB shall submit to the governor and the division of the budget a
request for appropriations for the next state fiscal year to fully
support the administration of the public campaign finance program
established in this title.
3. The PCFB shall develop a program for informing candidates and the
public as to the purpose and effect of the provisions of this title,
including by means of a webpage. The PCFB shall prepare in plain
language and make available educational materials, including compliance
manuals and summaries and explanations of the purposes and provisions of
this title. The PCFB shall provide compliance counseling and guidance to
candidates seeking to participate in public financing as provided for in
this title, as well as to such candidates who participate. The PCFB
shall prepare or have prepared and make available materials, including,
to the extent feasible, computer software, to facilitate the task of
compliance with the disclosure and record keeping requirements of this
title.
3-a. The PCFB shall develop and administer in person and online
training for individuals to become certified as compliance officers
under this title. Such training shall include information concerning
compliance with the rules of the public campaign finance program,
disclosure and record keeping requirements, obligations of the program,
and other relevant information as determined by the PCFB. The PCFB shall
promulgate regulations for the certification of compliance officers
pursuant to this subdivision and shall publish a list of certified
compliance officers on its website which shall be updated every thirty
days.
4. The PCFB shall have the authority to promulgate such rules and
regulations and provide such forms as it deems necessary for the
administration of this title.
5. The PCFB shall provide an interactive, searchable computer database
that shall contain all information necessary for the proper
administration of this title, including information on contributions to
and expenditures by candidates and their authorized committees,
independent expenditures in support or opposition of candidates for
covered offices, and distributions of moneys from the fund. Such
database shall be accessible to the public on the PCFB's webpage.
6. Any advice provided by PCFB staff to a participating or non
participating candidate with regard to an action shall be presumptive
evidence that such action, if taken in reliance on such advice, should
not be subject to a penalty or repayment obligation where such candidate
or such candidate's committee has confirmed such advice in writing to
such PCFB staff by registered or certified mail to the correct address,
or by electronic or facsimile transmission with evidence of receipt,
describing the action to be taken pursuant to the advice given and the
PCFB or its staff has not responded to such written confirmation within
seven business days disavowing or altering such advice, provided that
the PCFB's response shall be by registered or certified mail to the
correct address, or by electronic or facsimile transmission with
evidence of receipt.
7. The PCFB and its proceedings shall be subject to articles six and
seven of the public officers law.
8. Notwithstanding any other provision of law including, but not
limited to, subdivision one of section 3-104 of this chapter, the PCFB
shall have sole authority to investigate all referrals and complaints
relating to the administration of the program established hereunder and
violations of any of its provisions, and it shall have sole authority to
administer the program established in this title and to enforce such
provisions of this program except as otherwise provided in this title.
9. The PCFB may take such other actions as are necessary and proper to
carry out the purposes of this recommendation.
Audits and repayments. 1. Audits. (a) The PCFB shall audit
and examine all matters relating to the proper administration of this
title and shall complete all such audits no later than one and one-half
years after the election in question. This deadline shall not apply in
cases involving potential campaign-related fraud, knowing and willful
violations of this article, or criminal activity; provided, however, the
PCFB may at any time audit any participating candidate for which it
receives credible reports involving potential campaign-related fraud,
knowing and willful violations of this article, or criminal activity, if
such reports are related to the receipt or use of program funds.
(b) Every participating candidate for statewide office who receives
public funds as provided in this title, and every candidate for any
other office who receives five hundred thousand dollars or greater in
public funds as provided in this title, shall be audited by the PCFB
along with all other candidates in each such race. Such audits shall be
completed within one and one-half years of the election in question.
Participating candidates who do not receive public matching funds as
provided in this title shall not be audited by the PCFB pursuant to this
paragraph.
(c) Except as provided in paragraph (b) of this subdivision, the PCFB
shall select not more than one-third of all participating candidates in
covered elections for audit through a lottery which shall be completed
within one year of the election in question. A separate lottery shall be
conducted for each office. The PCFB shall select senate and assembly
districts to be audited, auditing every candidate in each selected
district, while ensuring that the number of audited candidates within
those districts does not exceed fifty percent of all participating
candidates for the relevant office. The lottery for senate and assembly
elections shall be weighted to increase the likelihood that a district
for the relevant office is audited based on how frequently it has not
been selected for auditing during the past three election cycles. The
PCFB shall promulgate rules concerning the method of weighting the
senate and assembly lotteries, including provisions for the first three
election cycles for each office. The names of candidates selected for an
audit shall not be disclosed unless there is a declared finding of
wrongdoing by the PCFB.
(d) The cost of complying with a post-election audit shall be borne by
the candidate's authorized committee using public funds, private funds,
or any combination of such funds. Candidates who run in any primary or
general election must maintain a reserve of three percent of the public
funds received to comply with the post-election audit.
(e) The PCFB shall issue to each campaign audited a final audit report
that details its findings.
2. Repayments. (a) If the PCFB determines that any portion of the
payment made to a candidate's authorized committee from the fund was in
excess of the aggregate amount of payments that such candidate was
eligible to receive pursuant to this title, it shall notify such
committee and such committee shall pay to the PCFB an amount equal to
the amount of excess payments. Such committee shall first utilize the
surplus for repayment of such sums and then such other funds as it may
have. Provided, however, that if the erroneous payment was the result of
an error by the PCFB, then the erroneous payment will be deducted from
any future payment, if any, and if no future payment is to be made then
neither the candidate nor the committee shall be liable to repay the
excess amount to the PCFB. The candidate and the candidate's authorized
committee are jointly and severally liable for any repayments to the
PCFB.
(b) If the PCFB determines that any portion of the payment made to a
candidate's authorized committee from the fund was used for purposes
other than qualified campaign expenditures and such expenditures were
not approved by the PCFB, it shall notify such committee of the amount
so disqualified and such committee shall pay to the PCFB an amount equal
to such disqualified amount. The candidate, the treasurer, and the
candidate's authorized committee are jointly and severally liable for
any repayments to the PCFB.
(c) If at the end of an election cycle or following a special
election, surplus funds remain in a participating candidate's authorized
committee after all liabilities for qualified campaign expenditures for
such election cycle or special election have been paid, such candidate
and committee shall pay to the fund an amount equal to the surplus, as
defined in subdivision nineteen of section 14-200-a of this title;
provided, however, such candidate may retain an amount of such surplus
that does not include any public matching funds to the extent such
amount does not exceed fifty thousand dollars. No public matching funds
shall be eligible to be retained. The surplus repayment shall in no
event exceed the total amount of public matching funds received. Any
funds raised during any previous election cycle, as described in
subparagraph (iii) of paragraph (i) of subdivision one of section 14-203
of this title, shall be excluded from the calculation of surplus funds
required by this paragraph and shall not count toward the fifty thousand
dollar limit permitted by this paragraph, and such funds may continue to
be retained. Participating candidates shall make such surplus payment
not later than twenty-seven days after all liabilities for the election
have been paid and in any event, not later than the day on which the
PCFB issues its final audit report for the participating candidate's
authorized committee; provided, however, that all unspent public
campaign funds for a participating candidate shall be immediately due
and payable to the PCFB upon a determination by the PCFB that the
participant has delayed the post-election audit. A participating
candidate may make post-election expenditures with public funds only for
routine activities involving nominal costs associated with winding up a
campaign and responding to the post-election audit. Nothing in this
title shall be construed to prevent a candidate or their authorized
committee from using campaign contributions received from private
contributors for otherwise lawful expenditures. Any amounts retained
pursuant to this paragraph in such authorized committee after the
payment required by this paragraph has been made, may be used for any
lawful purpose.
(d) Candidates shall have thirty days to cure any violations
identified by the PCFB in its post-election audit before there may be
any declared findings of wrongdoing.
3. Rules and regulations. (a) The PCFB shall promulgate regulations
for the certification of the amount of funds payable by the comptroller
from the fund established pursuant to section ninety-two-t of the state
finance law, to a participating candidate that has qualified to receive
such payment. These regulations shall include the promulgation and
distribution of forms on which contributions and expenditures are to be
reported, the periods during which such reports must be filed, and the
verification required. The PCFB shall institute procedures which will
make possible payment by the fund within four business days after
receipt of the required forms and verifications.
(b) All rules and regulations promulgated pursuant to this
recommendation shall be promulgated pursuant to the state administrative
procedure act. The PCFB's determinations pursuant to such regulations
and these recommendations shall be deemed final.
Enforcement and penalties for violations and other
proceedings. 1. Civil penalties. Violations of any provisions regarding
public campaign financing stated in this title or regulation promulgated
pursuant to this title shall be subject to a civil penalty in an amount
not in excess of fifteen thousand dollars and such other lesser fines as
the PCFB may promulgate in regulation. Candidates may contest alleged
failures to file, late reports and reports with noticed deficiencies and
have an opportunity to be heard by the PCFB. The PCFB shall promulgate a
regulation setting forth a schedule of fines for such infractions
including those that it may assess directly on violators. The PCFB shall
investigate referrals and complaints. After investigation, it may
recommend dismissal, settlement, civil action, or referral to law
enforcement. The PCFB may assess penalties and it is authorized to
commence a civil action in court to enforce all penalties and recover
money due.
2. Notice of violation and opportunity to be heard. The PCFB shall:
(a) determine whether a violation of any provision of this title or
regulation promulgated hereunder has been committed;
(b) serve written notice upon each person or entity it has reason to
believe has committed a violation and such written notice shall describe
with particularity the nature of the alleged violation including a
written reference to a specific law or regulation alleged to have been
violated;
(c) provide such person or entity an opportunity to be heard pursuant
to the state administrative procedure act and any regulations of the
PCFB; and
(d) if appropriate, assess penalties for violations, following such
notice and opportunity to be heard.
3. Criminal conduct. Any person who knowingly and willfully furnishes
or submits false statements or information to the PCFB in connection
with its administration of this title shall be guilty of a misdemeanor
in addition to any other penalty as may be imposed under this chapter or
pursuant to any other law. The attorney general, upon referral from the
PCFB, shall have exclusive authority to prosecute any such criminal
violation. The PCFB shall seek to recover any public matching funds
obtained as a result of such criminal conduct.
4. Court proceedings. Proceedings as to public financing brought under
this title shall have preference over all other causes in all courts.
(a) The determination of eligibility pursuant to this title and any
question or issue relating to payments for campaign expenditures
pursuant to this title may be contested in a proceeding instituted in
the Supreme Court, Albany county by any aggrieved candidate.
(b) A proceeding with respect to such a determination of eligibility
or payment for qualified campaign expenditures pursuant to this chapter
shall be instituted within fourteen days after such determination was
made. The PCFB shall be made a party to any such proceeding.
(c) Upon the PCFB's failure to receive the amount due from a
participating candidate or such candidate's authorized committee after
the issuance of written notice of such amount due, as required by this
title, the PCFB is authorized to institute a special proceeding or civil
action in Supreme Court, Albany county to obtain a judgment for any
amounts determined to be payable to the PCFB as a result of an
examination and audit made pursuant to this title or to obtain such
amounts directly from the candidate or authorized committee after a
hearing at the PCFB.
(d) The PCFB shall settle or, in its sole discretion, institute a
special proceeding or civil action in Supreme Court, Albany county to
obtain a judgment for civil penalties determined to be payable to the
PCFB pursuant to this title or to impose such penalty directly after a
hearing at the PCFB.
Reports. The PCFB shall review and evaluate the effect of
this title upon the conduct of election campaigns and shall submit a
report to the legislature on or before January first, two thousand
twenty-five and every second year thereafter, and at any other time upon
the request of the governor and at such other times as the PCFB deems
appropriate. These reports shall include:
1. a list of the participating and nonparticipating candidates in
covered elections and the votes received by each candidate in those
elections;
2. the amount of contributions and loans received, and expenditures
made on behalf of these candidates;
3. the amount of public matching funds each participating candidate
received, spent, and repaid pursuant to this program;
4. analysis of the effect of this title on political campaigns,
including its effect on the sources and amounts of private financing,
the level of campaign expenditures, voter participation, the number of
candidates, the candidates' ability to campaign effectively for public
office, and the diversity of candidates seeking and elected to office;
and
5. recommendations for further legislative and regulatory enactments,
including changes in contribution limits, thresholds for eligibility,
and any other features of the system.
Debates for candidates for statewide office. The PCFB shall
promulgate regulations to facilitate debates among participating
candidates who seek election to statewide office. Participating
candidates are required to participate in one debate before each
election for which the candidate receives public funds, unless the
participating candidate is running unopposed. Nonparticipating
candidates may participate in such debates.
Severability. If any clause, sentence, paragraph,
subdivision, section or part of this title shall be determined by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the particular clause, sentence, paragraph,
subdivision, section or part thereof directly found invalid in the
judgment rendered. It is hereby declared to be the intent of the
legislature that this title would have been enacted even if such invalid
provisions had not been included herein.
ARTICLE 15 Village Elections
Application of article. This article applies to all general
and special village elections for officers and all the provisions of
this chapter, not inconsistent with this article, shall apply to all
village elections, except that if a village has adopted a resolution
pursuant to paragraph c of subdivision one of section 15-104 of this
article, the other provisions of this chapter governing the conduct of
elections and proceedings relating thereto, including the manner and
times for making nominations and proceedings relating to early mail and
absentee voting, and the provisions of this article not inconsistent
with other provisions of this chapter shall apply to such elections.
Definitions. The terms used in this article shall have the
meaning herein defined unless other meaning is clearly apparent in
language or context:
1. "General village election" means the annual or biennial election
for village officers.
2. "Special village election" means any election of village officers,
other than, the general village election.
3. "Village election" means and includes both general and special
village elections for officers.
4. "Publish" means that any notice or resolution required to be
published by a village shall be so printed within the time required in
the law requring publication in the official newspaper of the village,
or if none, one of general circulation within the village.
5. "Village primary" means any election held by a political party for
the purpose of nominating candidates for elective village offices.
General village election. 1. a. The general village election
shall be held on the third Tuesday in March except in any village which
presently elects, or hereafter adopts a proposition to elect, its
officers on a date other than the third Tuesday in March.
b. In any village in which the general village election, or a special
village election for officers pursuant to this chapter, is scheduled to
be held on the third Tuesday of March, for any year in which the
seventeenth day of March shall fall on such Tuesday, the board of
trustees of such village shall provide, by the resolution prescribed by
paragraph b of subdivision three of this section, that such election
shall be held on the eighteenth day of March. Any provision of a
resolution adopted pursuant to this subdivision shall not otherwise
alter the political calendar for any such election, which shall continue
to be computed from the third Tuesday of March. Notwithstanding the
provisions of subdivision five of this section, any provision of a
resolution adopted pursuant to this subdivision shall be effective only
if such provision is specifically published as provided by this section.
c. The board of trustees of a village may adopt a resolution, subject
to a permissive referendum as provided in article nine of the village
law, providing that village elections shall be conducted by the board of
elections. The board of trustees of a village which has adopted such a
resolution and which is wholly in one county may also adopt a resolution
providing that village elections shall occur on the day of the general
election provided that all the election districts contained within such
village are wholly within such village. Upon approval of such a
resolution by the board of trustees and, if requested by petition,
approval by a vote of the qualified voters of the village, the county
board of elections shall conduct all village elections including in
those cases in which such village elections are held on the day of the
general election, primary elections, if any. Such resolution shall be
effective for all elections in such village held more than six months
after such resolution is adopted, provided however, that a resolution
providing that village elections shall occur on the day of the general
election, shall be effective for such elections in such village for
which the primary election is held more than six months after such
resolution is adopted.
d. Except as otherwise provided by law, to be elected in a village
election, a candidate must receive more votes than any other candidate
for the office. In the event of a tie at a village election, a run-off
election shall be conducted pursuant to the provisions of section 15-126
of this article; provided, however, that if all candidates receiving an
equal number of votes agree to waive a run-off election, the election
shall be determined according to the provisions of paragraph d of
subdivision two of section 15-126 of this article.
2. A proposition changing the date of the general village election
shall not become effective until the next election regularly scheduled
to be held more than one hundred twenty days following its adoption.
Upon the adoption of such a proposition, the term of any village officer
elected at the election at which such proposition is adopted or less
than one hundred twenty-one days thereafter, and the term of any village
officer whose successor is scheduled to be selected more than one
hundred twenty days thereafter shall be extended until the date fixed as
a result of such proposition for his successor to take office.
3. a. The village clerk of a village shall, at least four months prior
to the general village election publish a notice designating the office
or offices to be filled at such election and the term or terms thereof.
In the event of a special village election to fill a vacancy as provided
in this article, such notice shall be published at least sixty days
prior to the date of such special election.
b. The board of trustees of a village shall, at least sixty days
before any village election conducted by either the village clerk or the
board of elections on a date other than the date of the general
election, adopt a resolution which shall state:
(1) the polling place in each election district
(2) the hours during which the polls shall be open, which shall
include at least the hours from noon to nine o'clock in the evening.
c. The village clerk shall publish, at least ten days prior to any
village election, a notice which shall state:
(1) the polling place in each election district
(2) the hours during which the polls shall be open
(3) the names and addresses of all those who have been duly nominated
in accordance with the provisions of this chapter for village office by
certificate or petition of nomination duly filed with the village clerk
and the office and term of such office for which they have been so
nominated
(4) an abstract of any proposition to be voted upon.
4. In addition to such publication, a copy of such notice shall be
posted in at least six conspicuous public places within the village and
at each polling place at least one day before the village election.
5. The failure of the village to publish and post all required
information shall not invalidate the election provided, however, that a
vote on a proposition shall be void if the required notice of election
is not given.
Special village elections for officers. 1. a. In a village
where the rules of any party require that any nomination of candidates
for village office by such party be made at a primary election, pursuant
to this article;
(1) Special village elections shall be held on the third Tuesday of
the month preceding the end of the current official year in which no
general village election is regularly scheduled, to fill a vacancy or
vacancies in an office or offices occurring:
(a) More than one hundred five days prior to such Tuesday;
(b) Less than seventy-five days prior to the third Tuesday of the
month preceding the end of the preceding official year;
(2) Such primary election shall be waived, such party nomination or
nominations made by the party caucus, and special village elections for
officers held:
(a) On the third Tuesday of the month preceding the end of the current
official year in which no general village election is regularly
scheduled, to fill a vacancy or vacancies in an office or offices
occurring between seventy-five and one hundred five days, inclusive,
prior to such Tuesday;
(b) On a Tuesday as soon as practicable:
(i) Whenever the day fixed by law for a general village election shall
have passed and no election shall have been held thereon, but in no
event on a day less than sixty-one nor more than ninety-five days after
the day on which the official call for such special election is made by
the board of trustees of the village, whether such official call is made
before or after the day fixed by law for such general village election;
(ii) Whenever the day fixed by law for a general village election
shall have passed and any office or offices which should have been
filled at such election shall have been omitted from the ballot
therefor, but in no event on a day less than sixty-one nor more than
ninety-five days after the day on which the official call for such
special election is made by the board of trustees of the village,
whether such official call is made before or after the day fixed by law
for such general village election; or
(iii) Whenever vacancies in the village's board of trustees constitute
a majority of the seats thereof, but in no event less than sixty-one nor
more than ninety-five days after the day on which such vacancies first
constitute such majority.
b. In any other village, special village elections shall be held;
(1) On the third Tuesday of the month preceding the end of the current
official year in which no general village election is regularly
scheduled to fill a vacancy or vacancies in an office or offices
occurring:
(a) At least seventy-five days prior to such Tuesday;
(b) Less than seventy-five days prior to the third Tuesday of the
month preceding the end of the preceding official year;
(2) On a Tuesday as soon as practicable:
(a) Whenever the day fixed by law for a general village election shall
have passed and no election shall have been held thereon, but in no
event on a day less than sixty-one nor more than ninety-five days after
the day on which the official call for such election is made by the
board of trustees of the village, whether such official call for such
special election is made before or after the day fixed by law for such
general village election;
(b) Whenever the day fixed by law for a general village election shall
have passed and any office or offices which should have been filled at
such election shall have been omitted from the ballot therefor, but in
no event on a day less than sixty-one nor more than ninety-five days
after the day on which the official call for such special election is
made by the board of trustees of the village, whether such official call
is made before or after the day fixed by law for such general village
election; or
(c) Whenever vacancies in the village's board of trustees constitute a
majority of the seats thereof, but in no event on a day less than
sixty-one nor more than ninety-five days after the day on which such
vacancies first constitute such majority.
2. Any officer elected at any such special village election shall fill
the office to which elected for the remainder of the current term of
such office, and shall enter upon the duties of such office at the end
of the current official year, except that such officer shall enter upon
the duties of such office immediately whenever:
a. such office is then vacant or becomes vacant prior to the end of
the current official year; or
b. such special election is held after the end of any official year
during which a general village election was scheduled to be held but was
not held; or
c. such special election is held after the end of any official year to
fill a vacancy in an office that was to be filled at the preceding
general election but was omitted from the ballot therefor.
3. Except as herein otherwise provided, no such election shall be held
either in the month of, or in the month prior to, a regularly scheduled
general village election.
4. Notice of a special village election for officers shall be given in
the same manner as for a general village election. If the offices of all
trustees and mayor are vacant the notice shall be given by the village
clerk. If the office of village clerk is also vacant the election shall
be held at the call of, and noticed by, at least twenty-five residents
qualified to vote for village office.
Designation and nomination of candidates. 1. Nominations of
candidates for elective village offices shall be made as provided in
this section.
2. a. Party nominations of candidates for village offices in any
county shall be made at a party caucus or, if the rules of the county
committee, heretofore or hereafter adopted consistent with the
provisions of this chapter so provide, at a primary election. If the
rules of the county committee of any political party provide that party
nominations for village offices of that party in any or all villages in
the county shall be made at a village primary election, such primary
election shall be held forty-nine days prior to the date of the village
election. In the event there is no village committee with a chairman,
the chairman of the county committee or such other person or body as the
rules of such committee may provide, shall designate an enrolled member
of the party who is a qualified voter of the village as the village
election chairman. Such village chairman shall have general party
responsibility for the conduct of the village caucus or primary
election. For the purposes of this section, a village shall be deemed to
be located within a county for the purposes of county political
organization if more than fifty percent of the population of the village
as shown by the last federal decennial, or special census resides in
that portion of the village located in that county. Such nomination
shall be made not more than fifty-six, nor less than forty-nine days
prior to the date of the village election.
b. A notice of any village primary held for making party nominations
of candidates for village offices to be filled at a village election
shall be given by the proper party authorities by publication at least
once in each of the two weeks preceding the primary in at least one
newspaper of general circulation within the village.
c. A notice of any party caucus held for making party nominations for
village offices for village elections shall be given by the proper party
authorities by posting such notice in the public areas at the offices of
the village clerk and by filing such notice with such clerk at least ten
days preceding the day of the caucus and, either by newspaper
publication thereof once within the village at least one week and not
more than two weeks preceding the caucus, or by posting such notice in
six public places in the village at least ten days preceding the day of
the caucus.
d. The notice shall specify the time and place or places, and the
purpose of such caucus or primary, including the offices for which
candidates will be nominated thereat. For such village primary or caucus
there shall be one or more polling places in each subdivision from which
a candidate is nominated. There shall be a chairman and a secretary and
tellers for each such village primary or caucus, who shall be appointed
by the appropriate party officials. No person shall participate in such
primary or caucus who is not a resident of the village and an enrolled
voter of the party conducting the primary or caucus. At any primary or
caucus in which nominees are chosen by vote of the people in attendance,
the person eligible and receiving the highest number of votes for an
office shall be deemed nominated. Such village primary or caucus shall
not be conducted at any expense to the village.
e. Any party nomination made at any such caucus or village primary
shall be evidenced by the filing with the village clerk of a certificate
of nomination in the form prescribed by this chapter, as provided in
subdivision seven of this section. There shall be filed, together with
such certificate, or within five days after the village clerk sends the
notice of failure to file prescribed by this paragraph, a list of
enrolled members of the party who have participated in such caucus or
primary. If such list is not filed with such certificate, the village
clerk shall forthwith send notice of the failure to file such list to
the persons who signed such certificate, by first class mail, together
with a notice that such list must be filed within five days after such
notice was mailed. Such list shall be certified by the presiding officer
or secretary of such caucus or primary.
3. a. Party designations for elective village offices shall be made on
a designating petition containing the signatures in ink of residents of
the village who are registered to vote with the appropriate county board
of elections at the time of signing and who are enrolled in such
political party. The sheets of such a petition shall be numbered. Such
petition must set forth in each instance the correct date of signing,
the name of the signer, and his or her present address, and may set
forth a committee to fill vacancies consisting of at least three
qualified voters of the village enrolled in such party and their
residence within the village. A signer need not himself or herself fill
in the date or residence. Each sheet of such petition must be in
substantially the following form and shall contain all the information
required therein:
PARTY DESIGNATING PETITION
I, the undersigned do hereby state that I am a registered voter of the
Village of ...... and a duly enrolled voter of the ........ party and
entitled to vote at the next primary election of such party, that my
place of residence is truly stated opposite my signature hereto, and I
hereby designate the following named person (or persons) as a candidate
(or candidates) for nomination of such party for the public office (or
public offices) to be voted for at the primary election to be held on
the ...... day of ........... 20.... as hereinafter specified.
Public Office
(include district
number, if
Name of Candidate applicable) Term Residence
.................... ................. ....... ...............
.................... ................. ....... ...............
I do hereby appoint (insert names and addresses of at least three
persons, all of whom shall be enrolled voters of said party) as a
committee to fill vacancies in accordance with the provisions of the
election law.
IN WITNESS WHEREOF, I have hereunto set my hand, the day and year
placed opposite my signature.
Date Name Residence
............. ............. ...............
............. ............. ...............
STATEMENT OF WITNESS
I ............... (name of witness) state: I am a duly qualified voter
of the State of New York; and an enrolled voter of the ......... party.
I now reside at ..............(residence address). Each of the persons
whose names are subscribed to this petition sheet
containing ......... signatures, subscribed his or her name in my
presence.
I understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if it contains a material false
statement, shall subject me to the same penalties as if I had been duly
sworn.
b. Notwithstanding any other provision of law, the number of
signatures required on a designating petition shall be five percent of
the number of enrolled voters of the party residing in the village. For
the purpose of determining the number of enrolled voters of a party
residing in the village, the clerk shall be furnished with an official
certified list of all such enrolled party voters residing in the village
by the county board of elections of the county in which all or part of
the village is located. Such list shall be filed in the village clerk's
office and shall be available upon request for inspection by any
interested person.
4. Independent nominations for elective village offices shall be made
by a petition containing the signatures in ink of residents of the
village who are registered with the appropriate county board of
elections at the time of signing or who are residents of the village who
were on the list of registered voters for the last village election in
such village. The sheets of such a petition shall be numbered. Such
petition must set forth in each instance the correct date of signing,
the name of the signer and his or her present address, and may set forth
a committee to fill vacancies consisting of at least three persons
qualified to vote in the village election and their residence within the
village. A signer need not himself or herself fill in the date or
residence. Each sheet of such petition must be in substantially the
following form and shall contain all the information required therein
except as may otherwise be permitted by law.
VILLAGE INDEPENDENT NOMINATING PETITION
I, the undersigned, do hereby state that I am a registered voter of
the Village of .........., that my present place of residence is truly
stated opposite my signature, and I do hereby nominate the following
named person (or persons) as a candidate (or as candidates) for election
to public office (or public offices) to be voted for at the election to
be held on the ..... day of ........, 20....., and that I select the
name .............. (fill in name) as the name of the independent body
making the nomination (or nominations) and ..... (fill in emblem) as the
emblem of such body.
Public Office
(include district
number, if
Name of Candidate applicable) Term Residence
.................... ................. ........ .................
.................... ................. ........ .................
I do hereby appoint _ _ _ _
Name Residence
............................. .................................
............................. .................................
as a committee to fill vacancies in accordance with the provisions of
the election law.
IN WITNESS WHEREOF, I have signed this petition on the day and year
stated before my signature.
Date Signature Residence
............. ................. ...............
............. ................. ...............
STATEMENT OF WITNESS
I, ............... state that I am a duly qualified voter of the State
of New York. I now reside at .......... (residence address). Each of the
voters whose names are subscribed to this petition sheet,
containing ........ (fill in number) signatures, subscribed his or her
name in my presence.
I understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if it contains a material false
statement, shall subject me to the same penalties as if I had been duly
sworn.
Date .................... ...........................
Signature of Witness
5. The name selected for the independent body making the nomination
shall be in the English language and shall not include the name or part
of the name, or an abbreviation of the name or of part of the name, of a
then existing party. The name and emblem shown upon such petition shall
conform to the requirements of this chapter, relating to party names and
party emblems. If such a petition shall not show an emblem, or the
petition shall fail to select a name for such independent body, the
village clerk shall select an emblem or name, or both to distinguish the
candidates nominated thereby.
6. An independent nominating petition for a village office must be
signed by at least one hundred voters in villages containing a
population of five thousand or more; by at least seventy-five voters in
villages containing a population of three thousand and less than five
thousand; and by at least fifty voters in villages containing a
population of one thousand and less than three thousand; and in villages
containing a population of less than one thousand by voters numbering at
least five per centum of the number of voters at the last regular
village election. For the purposes of this section, the population of a
village shall be determined by the last federal decennial or local
special population census federally supervised pursuant to section
twenty of the general municipal law.
7. a. A certificate of party nomination for an office to be filled at
the time of a general or special village election for offices shall be
filed not earlier than fifty-four days nor later than forty-seven days
preceding the election.
b. A certificate of acceptance or declination of a party nomination
for an office to be filled at the time of a general or special village
election shall be filed not later than forty-four days prior to such
election.
c. A certificate to fill a vacancy caused by declination of a party
nomination for an office to be filled at the time of a general or
special village election shall be filed not later than forty-one days
prior to such election.
d. Party designating petitions for a village primary election shall be
filed in the office of the village clerk not earlier than twenty-two
days nor later than fifteen days prior to the primary election. Upon
such a filing, the village clerk shall immediately notify the village
election chairman of such party and the person or persons designated in
such petition of the fact of such filing and that such petition may be
inspected in his office.
(e) A written declination of a party designation must be filed in the
office of the village clerk within three days of the date of the filing
of the designating petition. Upon the filing of such declination, the
village clerk shall, within one day notify the committee to fill
vacancies named in the petition. A certificate to fill the vacancy
caused by a declination or any other reason must be filed with the
village clerk within three days after the date of the notice to the
committee to fill vacancies and shall have appended thereto the written
consent of the person or persons designated.
8. a. An independent nominating petition for an office to be filled at
the time of a general or special village election shall be filed not
earlier than forty-two days nor later than thirty-five days preceding
the election.
b. A certificate of acceptance or declination of an independent
nomination for an office to be filled at the time of a general or
special village election shall be filed not later than three days after
the last day to file the petition which made such independent
nomination.
c. A certificate to fill a vacancy caused by a declination of an
independent nomination for an office to be filled at the time of a
general or special village election for offices shall be filed not later
than three days after the last day to file the certificate of
declination, and shall have appended thereto the written consent of the
person or persons nominated.
9. Any village resident who is a registered voter of the village and,
in the case of a designating petition, an enrolled member of the party
filing the petition, may sign an independent nominating petition or a
designating petition providing that: (a) such signature was not made
more than six weeks prior to the last day to file such petition; (b) he
has not signed more than one petition designating or nominating a
candidate for mayor or village justice. If he has signed more than one
such petition, only the earliest signature for each such office shall be
valid; (c) he has not signed more than one petition designating or
nominating a candidate for each vacancy which exists for the office of
village trustee or village justice if the village has provided for two
such justices. If he has signed more than one such petition for each
such vacancy, only the earlier signatures shall be valid; or (d) he does
not vote at a primary election or party caucus where a candidate was
nominated for the same office or each such vacancy.
10. A written objection to an independent nominating petition,
designating petition or certificate of nomination shall be filed in the
office of the village clerk no later than one day following the last
date upon which such petition or certificate may be filed or within one
day after such petition or certificate is received by the village clerk,
if such petition or certificate is mailed as provided by law, whichever
is later. Written specifications of the grounds of the objections shall
be filed with the village clerk within two days after the filing of the
written objection. A failure to file such written specifications shall
render the original objection null and void. Upon receipt of such
written specification, the village clerk shall forthwith notify each
candidate named in the petition or certificate and shall notify the
county board of elections of the county in which the village is located.
For purposes of this section, a village shall be deemed to be located
within a county if more than fifty percent of the population of the
village as shown by the last federal decennial or special census resides
in that portion of the village located in that county. Upon receipt of
the written specifications as herein required, the county board of
elections shall immediately take all steps necessary and consistent with
this chapter to render a determination on the questions raised in such
objections and specifications. When a determination has been made by the
county board of elections that the petition is sufficient or
insufficient, it shall immediately notify the village clerk and each
candidate named in the petition or certificate, and, if such
determination was made on objection, the objector.
Election districts. 1. A village shall constitute a single
election district for village elections. However, if at a general
village election the number of votes cast exceeds eight hundred, the
board of trustees, by resolution adopted before the next general village
election, may divide such village into election districts each
containing not more than eight hundred qualified voters for village
offices.
2. Following the establishment of two or more such districts, the
number thereof or their boundaries or both may be enlarged, diminished,
increased or decreased from year to year by resolution of the board of
trustees; provided, however, that, if there is more than one district,
no such district shall contain more than eight hundred qualified voters.
3. If village election districts are coterminous with election
districts established for general elections other than general village
elections, the limitations as to the number of qualified voters set
forth in subdivisions one and two of this section shall not be
applicable.
4. For the purposes of this section, the number of qualified voters in
each election district of a village shall be the average of the number
of persons who voted in such district in the three preceding general
village elections.
5. Any resolution adopted pursuant to the authority of this section
shall be adopted at least one hundred twenty days prior to the general
village election; shall specify the boundaries of each election district
created or altered; and shall be posted and published with the notice of
such election as required.
Registers and poll-books; how used. For any village election
where permanent personal registration records are not used, all copies
of the register in the polling place shall be referred to, if necessary,
to determine the persons entitled to vote; but at any such election,
including a primary election, ballot numbers shall be entered and other
election entries made in only two copies of the register, which shall
include the copy used for taking signatures; provided, however, that if
the election be one for which poll-books are required to be provided,
ballot numbers shall be entered and other entries made in the two
poll-books instead of the registers. The signatures of voters taken at
the election or at a primary election shall be made or identification
numbers entered, in one of the copies of the register having, when the
election opens, an unused signature column, if there be any such copy,
and otherwise in one of the poll-books, to be known as the signature
poll-book.
Number of voting machines. Any village that uses voting
machines for village elections shall provide one voting machine for each
eight hundred or fraction thereof of qualified voters in each election
district, as such voters are defined in section 15-110 of this article.
Inspectors of election. 1. The board of trustees shall, by
resolution at least forty days prior to a general village election
appoint two or four inspectors of election for each village election
district. Such resolution shall fix the compensation of the inspectors
and designate a chairman. In addition, the board of trustees may provide
for alternative inspectors who shall assume the office of inspector upon
the inability or refusal of an inspector to assume or perform his duties
and for any clerical help which they may deem necessary. Such clerical
help shall perform their duties under direction and control of the
inspectors of election. It shall be the duty of the inspectors of
election to preside at all village elections in the district for which
they were appointed until their successors are appointed. If at any
general village election, both major political parties nominate a
candidate or candidates for elective village office then at the next
village election following the election for which the nominations are
made the inspectors of election shall be appointed equally from enrolled
members of such parties. Such equal representation shall be required
only as long as such parties nominate a candidate or candidates for
elective village office. In those elections in which both such political
parties do not nominate candidates, any qualified person may serve as an
inspector of election.
2. In Nassau county, appointments as inspectors of election for
village elections shall be equally divided between the major political
parties. All such inspectors shall be residents of the village in which
they serve. Such inspectors shall be appointed from among those persons
appointed as inspectors pursuant to the provisions of section 3-420 of
this chapter. If the number of inspectors appointed pursuant to such
section 3-420 who are eligible and willing to serve in any village is
insufficient to fill all the positions in such village, then additional
inspectors shall be appointed in the manner so prescribed by such
section 3-420.
3. Inspectors of election for village elections shall prior to the
assumption of their duties file a constitutional oath of office with the
village clerk.
4. If the board of trustees of any village appoints four inspectors of
election for each village election district, they may also determine
that two of the four inspectors of election shall serve on registration
day or days.
Registration of voters. 1. In a village election conducted
by the board of elections pursuant to a resolution adopted as provided
in paragraph c of subdivision one of section 15-104 of this article or a
village which has adopted a resolution providing that there shall not be
any registration day for village elections pursuant to subdivision three
of this section, only those persons registered to vote with the board of
elections shall be eligible to vote. If such election is held on a date
other than the date of the general election, only those persons
registered to vote with the board of elections on the tenth day before
such election shall be eligible to vote.
2. In any other village election, those persons registered to vote
with the board of elections on the tenth day before such election and
those persons whose names are placed on the village register pursuant to
the provisions of subdivision seven of this section shall be eligible to
vote.
3. The board of trustees of a village may adopt a resolution providing
that there shall not be any village registration day for village
elections. Such resolution shall be effective for all elections in such
village which are held more than sixty days after such resolution is
adopted and shall remain in effect until the board of trustees adopts a
resolution providing that there shall be a village registration day for
village elections held more than sixty days after adoption of such a
resolution.
4. In villages in which there is a village registration day, the board
of trustees shall post in each election district and publish a
resolution at least ten days prior to registration day which resolution
shall be adopted at least twenty days before registration day which
shall designate:
(a) The dates prior to registration day on which the inspectors of
election shall meet to commence the preparation of the register.
(b) The place in each district where such meetings, registration and
election shall be held.
(c) The hours for such meetings, registration and election; but in no
event shall the hours for registration be less than the hours from noon
until five o'clock in the afternoon.
5. Registration day shall be held on the tenth day prior to the
general village election except in those villages which provide, by
resolution adopted at least thirty-seven days prior to the date of the
first election for which it shall be effective, for an additional day of
registration to be held on the twelfth day prior to the general village
election. Such resolution shall remain in effect for subsequent general
village elections unless amended, modified or repealed.
6. The board of trustees of any village, by resolution or ordinance,
subject to permissive referendum, may determine that personal
registration shall be required for village elections.
7. (a) The register for the general village election shall be prepared
in each village election district by the inspectors of election thereof
at the times and place designated by the resolution of the board of
trustees. Such register must be completed not later than the fourth day
before the village election. In preparing such register the inspectors
of election shall comply with the following procedure.
(b) In all villages wherein personal registration is not required,
they shall adopt, use or copy from, the registration lists certified and
supplied by the county board of elections the names appearing thereon of
all persons, residing in the village and qualified to vote at such
forthcoming general village election. In addition, if there is a village
registration day in the village, they shall add thereto the names of all
persons known to them who then are or who will at the time of such
election be qualified to vote and the names of all persons proven to
their satisfaction on the registration day to be then, or at the time of
such election, qualified to vote.
(c) In villages wherein personal registration is required, they shall
follow the same procedure set forth in paragraph (b) above, except that
no names shall be added to the register other than the names of persons
personally appearing before them on the registration day, if any, and
proving to their satisfaction to be then, or at the time of the
election, qualified to vote.
(d) The register for each village election district shall include, as
a minimum, space for the name of the voter, his address within the
village and a space for his or her signature to be signed by the voter
on election day. In villages wherein personal registration is required,
such register shall also contain a space for the signature of the voter
to be signed by such voter on registration day. The village clerk shall
furnish a printed certificate to be signed by a voter who appears
personally before the inspectors of election on registration day. Such
certificate shall contain a statement that the person possesses all the
necessary qualifications for voting in village elections. Such
certificate shall be accepted for all purposes as the equivalent of an
affidavit and if it contains a material false statement, shall subject
the person signing it to the same penalties as if he had been duly
sworn, and such provision shall be printed in bold type directly above
the signature line of the certificate.
8. The village clerk shall furnish the inspectors of election, at
village expense, with all necessary registration books, papers,
equipment and supplies. The village clerk shall also deliver to the
inspectors a list of all persons who have applied for early mail or
absentee ballots for the election for which the registration meeting is
being held.
9. Registration for special village elections for officers shall be
held in the same manner as is provided herein for general village
elections and the registration day therefor shall be the same as if said
special village election were a general village election.
10. The board of trustees of any village, if it determines that more
than one-half of the voters qualified to vote at a forthcoming village
election for village officers were personally registered at the last
preceding general election other than a village election for officers
and that taking the registration for such forthcoming election will be
accomplished more efficiently and economically thereby, may, in the
resolution required by subdivision seven of this section, provide that
for such election a single place and a single board of elections shall
be used for taking the registration of two or more village election
districts. If such action is taken the board of trustees shall, in the
same resolution, appoint a single board of inspectors of election to
conduct such registration for each such two or more village election
districts.
Early mail voting at village elections. 1. A registered
voter of a village may vote by early mail ballot under this section for
a general or special village election in which the voter is eligible to
vote.
2. A registered voter desirous of obtaining an early mail ballot shall
make written application therefor to the village clerk. Application
forms for use pursuant to this section shall be in a form prescribed by
the state board of elections. The use of any application which is on a
form prescribed by the state board of elections shall be acceptable.
3. An application for an early mail ballot must be signed by the
applicant. If a person entitled to an early mail ballot is unable to
sign their application because of illness, physical disability or
inability to read, they shall be excused from signing upon making a
statement, in substantially the following form, which shall be witnessed
by one person: "I hereby state that I am unable to sign my application
for an early mail ballot without assistance because I am unable to write
by reason of illness or physical disability or because I am unable to
read. I have made, or have received assistance in making, my mark in
lieu of my signature."
......................
(Date)
......................
(Mark)
......................
(Name of Voter)
"I, the undersigned, hereby certify that the above named voter affixed
their mark to this application in my presence and I know them to be the
person who affixed their mark to said application and understand that
this statement will be accepted for all purposes as the equivalent of an
affidavit and if it contains a material false statement, shall subject
me to the same penalties as if I had been duly sworn."
.......................
(Signature of Witness)
.......................
(Address of Witness)
Such statement shall be included in the application blank form furnished
by the village clerk.
4. The application for an early mail ballot when filed must contain in
each instance the following information:
(a) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and their
village and an address to which the ballot shall be mailed.
(b) A statement that the applicant is a registered voter.
(c) Such application shall permit the applicant to apply for an early
mail ballot for a single election or for all remaining elections in the
calendar year for which the voter is eligible to vote.
5. The application for an early mail ballot shall also provide the
applicant the opportunity to provide their telephone number and e-mail
address.
6. Printed forms containing the application for the early mail ballot,
in accordance with the requirements of this section, shall be in the
form prescribed by the state board of elections and shall be provided by
the village clerk and shall be available at the office of the clerk.
Application forms for early mail ballots for use pursuant to this
section shall be furnished by the village clerk upon request of the
person authorized to vote under this section or by any such person's
spouse, parent, child, authorized agent or any nurse charged with the
care of such person.
7. An application must be received by the village clerk no earlier
than four months before the election for which an early mail ballot is
sought, except as provided in paragraph (c) of subdivision four of this
section. If the application requests that the early mail ballot be
mailed, such application must be received not later than seven days
before the election. If the applicant or their agent delivers the
application to the village clerk in person, such application must be
received not later than the day before the election. The village clerk
shall examine each application. If the application is complete, the
applicant is a registered voter of the village at the address listed in
the application, and the applicant is eligible to vote in the election,
the application shall be deemed accepted.
8. No later than six days before the election for which an application
has been received and accepted by the village clerk, the village clerk
shall mail, by regular mail, an early mail ballot to each applicant who
has applied before such day and who has requested that such early mail
ballot be mailed to them at the address set forth in their application.
If the applicant or their agent delivers the application to the village
clerk in person after the seventh day before the village election and
not later than the day before the election, the village clerk shall
forthwith deliver such early mail ballots for those applicants whom they
determine are qualified to make such applications and to receive such
ballots to such applicants or the agents named in the applications when
such applicants or agents appear in the village clerk's office.
9. The early mail ballot shall be caused to be prepared and printed by
the village clerk as provided by law for paper ballots or machine
ballots, whichever are to be used in said election and appropriate
modifications for the purposes of this section. The village clerk shall
also cause to be prepared and printed return envelopes addressed to
themself, conforming so far as may be practicable to the provisions of
this chapter stating thereon that in order for the ballot contained
therein to be counted it must be received by the village clerk not later
than the close of the polls on election day. On the reverse side of each
return envelope there shall be written instructions for the voter to
insert at designated places their signature, their name printed, their
residence address within the village and their village election district
if there be more than one district within the village.
10. The method of marking, preparing and mailing such ballot for
voting shall conform, wherever practicable, to the methods used for
early mail ballots for a general election, except that the envelope in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have been returned to them, in the sealed envelopes to the board of
inspectors of election of the proper election district. No such ballot
shall be deemed to have been voted unless or until it shall have been
delivered to the board of inspectors of election of the election
district in which the elector casting the ballot resides and shall have
been deposited by the chairman of such board in the box provided for
receiving such ballot.
11. When such ballots shall have been delivered to the board of
inspectors of election of the proper election district and shall have
been duly determined by such board to have been lawfully cast by a
qualified elector of such district, the chairman of such board shall,
after the close of the polls, open the envelopes containing such ballots
and, without unfolding such ballots or permitting the face thereof to be
exposed to the view of anyone, shall deposit each such ballot in a box
specifically furnished for such purpose by the village clerk. If the
board of inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the provisions of this
section, then such ballot shall not be counted.
12. After all the ballots shall have been deposited, the box shall be
opened and such ballots canvassed in the same manner as other ballots
cast at such election and shall be counted and included in the total of
all ballots cast at such election.
Absentee voting at village elections. 1. A qualified voter
of a village may vote as an absentee voter under this section if during
all the hours of voting on the day of a general or special village
election he or she will be:
(a) absent from the county of his or her residence; or
(b) unable to appear at the polling place because of illness or
physical disability, or duties related to the primary care of one or
more individuals who are ill or physically disabled, or because he or
she will be or is a patient in a hospital; or
(c) an incarcerated individual or patient of a veteran's
administration hospital; or
(d) absent from his or her voting residence because he or she is
detained in jail awaiting action by a grand jury or awaiting trial, or
confined in jail or prison after a conviction for an offense other than
a felony, provided that he or she is qualified to vote in the election
district of his or her residence.
2. Each person entitled to vote as an absentee voter pursuant to this
section and desirous of obtaining an absentee ballot shall make written
application therefor to the village clerk. Application forms for use
pursuant to this section shall be in a form prescribed by the state
board of elections. The use of any application which is on a form
prescribed by the state board of elections shall be acceptable.
3. An application for an absentee ballot must be signed by the
applicant. Such application may require that the applicant submit a
certificate in lieu of any affidavit which shall state that the
information contained in the application is true. Such certificate shall
be accepted for all purposes as the equivalent of an affidavit and shall
have the following language printed in bold face type above the
signature line:
"I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR
ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT AND, IF
IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME
TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
4. The application for an absentee ballot when filed must contain in
each instance the following information:
(a) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and his or her
village and an address to which the ballot shall be mailed.
(b) A statement that the applicant is a qualified and registered
voter.
(c) A statement, as appropriate, that on the day of such election the
applicant expects in good faith to be in one of the following
categories:
(i) absent from the county of his or her residence; provided, however,
if the applicant expects to be absent from such county for a duration
covering more than one election and seeks an absentee ballot for each
election, he or she shall state the dates when he or she expects to
begin and end such absence; or
(ii) unable to appear at a polling place because of illness or
physical disability or duties related to the primary care of one or more
individuals who are ill or physically disabled; or
(iii) an incarcerated individual or patient of a veteran's
administration hospital; or
(iv) detained in jail awaiting action by a grand jury or awaiting
trial or confined in jail or prison after a conviction for an offense
other than a felony and stating the place where he or she is so detained
or confined.
(d) Such application shall permit the applicant to apply for an
absentee ballot for either a primary election or the general election in
any year and for those persons who will be continuously absent from
their county of residence during the period between the fall primary
election and the general election in any year to apply for ballots for
both such elections in such year. A voter who applies for an absentee
ballot shall be sent an absentee ballot for any special election or
winter primary that occurs during the period of absence specified in the
application.
5. An application must be received by the village clerk no earlier
than four months before the election for which an absentee ballot is
sought. If the application requests that the absentee ballot be mailed,
such application must be received not later than seven days before the
election. If the applicant or his or her agent delivers the application
to the village clerk in person, such application must be received not
later than the day before the election. The village clerk shall examine
each application and shall determine from the information contained
therein whether the applicant is qualified under this section to receive
an absentee ballot. The clerk in making such decision shall not
determine whether the applicant is a qualified elector, said
determination being reserved to the inspectors of election as is
hereinafter provided in subdivision nine of this section.
6. No later than six days before the election for which an application
has been received and for which the village clerk has determined the
applicant to be qualified to vote by absentee ballot the village clerk
shall mail, by regular mail, an absentee ballot to each qualified
applicant who has applied before such day and who has requested that
such absentee ballot be mailed to him or her at the address set forth in
his or her application. If the applicant or his or her agent delivers
the application to the village clerk in person after the seventh day
before the village election and not later than the day before the
election, the village clerk shall forthwith deliver such absentee
ballots for those applicants whom he or she determines are qualified to
make such applications and to receive such ballots to such applicants or
the agents named in the applications when such applicants or agents
appear in the village clerk's office.
7. The absentee ballot shall be caused to be prepared and printed by
the village clerk as provided by law for paper ballots or machine
ballots, whichever are to be used in said election and appropriate
modifications for the purposes of this section. He or she shall also
cause to be prepared and printed return envelopes addressed to him or
her, conforming so far as may be practicable to the provisions of this
chapter stating thereon that in order for the ballot contained therein
to be counted it must be received by the village clerk not later than
the close of the polls on election day. On the reverse side of each
return envelope there shall be written instructions for the voter to
insert at designated places his or her signature, his or her name
printed, his or her residence address within the village and his or her
village election district if there be more than one district within the
village.
8. The method of marking, preparing and mailing such ballot for voting
shall conform, wherever practicable, to the methods used for absentee
ballots for a general election, except that the envelope in which it is
contained shall be returned to the village clerk. On the day of the
election, the village clerk shall deliver all such ballots, which have
been returned to him or her, in the sealed envelopes to the board of
inspectors of election of the proper election district. No such ballot
shall be deemed to have been voted unless or until it shall have been
delivered to the board of inspectors of election of the election
district in which the elector casting the ballot resides and shall have
been deposited by the chairman of such board in the box provided for
receiving such ballot.
9. When such ballots shall have been delivered to the board of
inspectors of election of the proper election district and shall have
been duly determined by such board to have been lawfully cast by a
qualified elector of such district, the chairman of such board shall,
after the close of the polls, open the envelopes containing such ballots
and, without unfolding such ballots or permitting the face thereof to be
exposed to the view of anyone, shall deposit each such ballot in a box
specifically furnished for such purpose by the village clerk. If the
board of inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the provisions of this
section, then such ballot shall not be counted.
10. After all the ballots shall have been deposited, the box shall be
opened and such ballots canvassed in the same manner as other ballots
cast at such election and shall be counted and included in the total of
all ballots cast at such election.
Absentee voting at village elections for persons unable to
appear because of illness or physical disability. 1. A qualified
elector of a village, who, on the occurrence of any general or special
village election, may be within the county of his residence but unable
to appear personally at the polling place in the village of his
residence because of illness, physical disability or confinement either
at home or in a hospital or institution, other than a mental institution
may vote as an absentee voter under this section.
2. Any elector of a village to whom this section may apply shall make
application to the village clerk for an absentee ballot. Such
application shall set forth the name and village address of the
applicant, that he is a qualified voter of the village or election
district if any, and that he was advised by his physician, medical
superintendent, administrative head of hospital or institution, or
Christian Science Practitioner that he will be unable to appear
personally at the polling place within the village because of the
reasons set forth in subdivision one. Such statement shall be accepted
for all purposes as the equivalent of an affidavit, and if false shall
subject the applicant to the same penalties as if he had been duly
sworn. Such provision shall be printed in bold type directly above the
signature line of the application.
3. Such statement, if made by an elector who resides in a village in
which personal registration is required shall state that the applicant
has registered, giving the date of such registration and his election
district if any. If made by an elector who resides in a village in which
personal registration is not required, it shall state that he has
nevertheless registered; or that he has registered for the last
preceding general election; or that he has voted in either or both of
the two preceding general elections.
4. Any elector who is duly registered and who is permanently disabled
may make application to the village clerk for a form which such clerk
shall supply for the purpose of providing for the mailing of absentee
ballots to permanently disabled voters. Such form shall contain an
affidavit to be executed by the elector showing the particulars of his
disability. Upon the filing of such application the inspectors of
election shall investigate the facts stated therein and if satisfied as
to the truth thereof may approve such application and in such event
shall cause the registration record of the voter, if any, to be marked
"PERMANENTLY DISABLED". The inspectors shall also cause to be marked
"PERMANENTLY DISABLED", the registration poll records of those voters
who are indicated as permanently disabled on the list of registered
voters received from the board of elections. Thereafter, the village
clerk shall send an absentee voter's ballot for each election to such
elector by first class mail to his last known address with a request to
the postal authorities not to forward such ballot but to return it in
five days in the event that it cannot be delivered to the addressee. The
mailing of such ballot or ballots for each election shall continue as
long as the elector remains a qualified voter of the village and unless
it appears that such person has failed to return such ballot for the
last two successive general village elections. Upon the mailing of such
ballot or ballots, the village clerk shall cause the fact and the date
of such mailing to be recorded next to the name of the voter in the
register of the village or appropriate election district. If the
inspectors of election shall determine that such elector is not entitled
to an absentee voter's ballot, or if they shall determine that such
elector is no longer entitled to receive such ballot without application
they shall notify such elector in writing giving him the reason for such
rejection or decision.
5. If a person entitled to an absentee ballot under this section is
unable to sign his application because of illness or physical disability
he shall be excused from signing upon making a statement, which shall be
witnessed by one person, in substantially the following form: "I hereby
state that I am unable to sign any application for an absentee ballot
without assistance because I am unable to write by reason of my illness
or physical disability. I have made, or have received assistance in
making, my mark in lieu of my signature".
................(Mark)
................ ......................
(Date) (Signature of Witness)
Such statement shall be included in the application blank form
furnished by the village clerk.
6. Printed forms containing the application for the absentee ballot,
in accordance with the requirements of this section, shall be in the
form prescribed by the state board of elections and shall be provided by
the village clerk and shall be available at the office of the clerk.
Application forms for absentee ballots for use pursuant to this section
shall be furnished by the village clerk upon request of the person
authorized to vote under this section or by any such person's spouse,
parent, child, authorized agent or any nurse charged with the care of
such person.
Duties of village clerk. 1. In addition to any duties of the
village clerk specified in this chapter and the village law, the village
clerk shall be the election officer of the village and shall have the
responsibility for the general conduct of all village elections and
shall have vested in him all authority, consistent with this chapter
which may be reasonable and necessary to provide for the proper and
orderly conduct of such elections and the proceedings preliminary and
subsequent thereto.
2. The police department and the officers and members of such police
department, if any, the office of the sheriff in a county in which a
village or part of a village is located or any police agency or
department charged with the responsibility of law enforcement in any
county in which a village or part of a village is located shall,
whenever called upon by the village clerk, render to such village clerk
all practicable assistance in the enforcement of this chapter. Such
assistance shall be rendered to the village clerk at no charge to the
village. Such assistance shall include, but not be limited to:
a. the police telephone service;
b. the investigation of any registrant or any applicant for an early
mail or absentee ballot to determine his or her qualifications to be
registered or vote, and
c. the maintenance of order, regulation of traffic and the control of
crowds on any day or days designated for voter registration and voting.
Canvass of election. 1. The inspectors of election of each
election district shall, immediately upon the closing of the polls at
each annual or biennial election, proceed to canvass the votes cast
thereat and shall complete such canvass without adjournment. They shall,
before nine o'clock in the forenoon of the following day, file with the
village clerk their certificates setting forth the holding of the
election, the total number of votes cast for each office, the number of
votes cast for each person for such office, the total number of votes
cast upon each proposition voted upon, and the number cast for and
against it. They shall also deliver to the village clerk at the same
time and place all ballot boxes, if there be such, and all unused
supplies and the American flag furnished for use in the polling place.
If the village contains more than one election district, the board of
trustees of such village shall meet at its usual place of meeting not
later than eight o'clock in the evening of the day after the election.
The village clerk shall produce at such meeting the returns of the
inspectors of election, at which time the board of trustees shall
canvass such returns and file in the office of the village clerk a
certificate declaring the result.
2. a. The person or persons eligible and receiving the highest number
of votes for an office shall be elected thereto.
b. In the event that more eligible persons than the number remaining
to be elected receive for the same office or offices an equal number of
votes, the board of trustees shall conduct a run-off election. Such
run-off election shall be held on the first Tuesday at least ten days
after the final certification of such tie result, subject to the
provisions of paragraph b of subdivision three of section 15-104 of this
article, provided, however, that the only persons who shall be deemed
nominated shall be those persons who shall have received such equal
number of votes. The order of the candidates names on the ballot shall
be determined by a drawing conducted by a village clerk, in the presence
of all those persons who received such equal number of votes, or a
representative of such persons.
c. Such run-off election may be waived and the selection made by lot
as otherwise provided by this section if each person who shall have
received such equal number of votes shall file with the village clerk,
no later than two days after such final certification of such tie
result, a written notice of consent that such selection be made by lot.
d. If a waiver of such run-off election shall occur, the village
clerk, no later than two days after receiving written notice of consent
that such selection be made by lot, shall certify such facts in writing
to any supreme court justice within the judicial district in which such
village is located and shall within three days summon the candidates
before him or her and he or she shall by lot determine which of them
shall be elected.
3. The village clerk may, and upon written request of any candidate
received within two days of the date of the village election, shall
cause a recanvass of the vote cast in any village election to be made.
The recanvass shall be conducted by the county board of elections of the
county in which the village is located. For the purposes of this
section, a village shall be deemed to be located within a county if more
than fifty per cent of the population of the village as shown by the
last federal decennial, or special census resides in that portion of the
village located in that county. The village clerk shall, within one day
after the written request for a recanvass is received notify the county
board of elections of such request, whereupon the board of elections
shall assume the duty of such recanvass and shall take all steps
necessary and consistent with this chapter to cause a recanvass of the
vote. Such recanvass shall be completed within five days of such notice
to the county board of elections. The institution of a recanvass shall
immediately stay any further action by, or on behalf of, the village
clerk with regard to further election procedures required by this
section. Judicial review as provided by this chapter must be commenced
no later than three days after the completion of the recanvass by the
board of elections. Upon completion of the recanvass, the county board
of elections shall notify the village clerk of the result. If no
judicial proceedings have been instituted, the clerk shall proceed to
notify the persons elected as provided in this article. If judicial
proceedings have been instituted, such notice shall not be given until
completion of such review.
Notice to person chosen to a village office. The clerk of
the village shall, within three days after the election of a village
officer, notify each person elected of his election, and of the date
thereof, and that, in order to qualify, he is required to file his oath
of office with such clerk before entering upon the duties thereof; and,
if an official undertaking be required of him by or in pursuance of law,
that he is also required to file the same with such clerk and that upon
his failure so to do he will be deemed to have declined the office. In
the case of a village justice such notice shall further state that the
filing of his oath with the county clerk of the county is also required.
If an undertaking is required of a village officer after entering upon
the duties of his office, the clerk of the village shall thereupon serve
upon such officer, personally, a written notice that he is required to
file such undertaking with the clerk within ten days after the service
of the notice and that upon his failure to do so his office will become
vacant.
Election of trustees by wards. The board of trustees of any
village may, by resolution, and subject to a mandatory referendum,
provide for the election of trustees by wards, alter existing ward
boundaries or abolish wards and the election of trustees by wards. If a
village elects trustees by wards separate ballot boxes or voting
machines shall be provided for each ward.
Votes upon propositions to be by ballot or voting machine.
All votes upon a proposition submitted at a village election shall be by
ballot unless the board of trustees of the village has adopted voting
machines as provided in this chapter, in which case machines may be
used.
Failure to designate terms. No election of village officers,
held in any village, shall be invalid on account of the failure of the
electors to designate in their ballots the respective terms of office of
persons to be elected thereat, for the same office, for different terms;
but the persons so to be elected to such office, who are eligible and
receive the highest number of votes, shall be elected. The person first
named on a ballot containing the names of more than one person for such
an office, and not designating their respective terms, shall be deemed
designated for the longest term, the second, for the next longest term,
and so on to the end; and the inspectors of election shall count the
ballots and certify the result accordingly.
Refusal of officer to surrender his office. If a person who
has been an officer of a village refuses or neglects to deliver to his
successor in office, within ten days after written notification and
request sent by order of board of trustees all the moneys, books,
papers, records, property and effects of every description, which have
come into his possession or under his control by virtue of his office
and which belong to the village or pertain to the office, he shall
forfeit and pay to the village the sum of twenty-five dollars for each
and every day he shall so neglect or refuse, and he shall also pay all
damages, costs and expenses caused by such neglect or refusal.
Judicial review of matters relating to village elections.
The supreme court or any justice thereof within the judicial district
and the county court or any judge thereof within the county, in which
the village is located, shall have summary jurisdiction to determine any
question arising and make such order as justice may require, in respect
to village elections and registration therefor.
Transmission of publicly available data to the New York
voting and elections database. Upon the certification of election
results and the completion of the voter history file after each
election, each village that holds an election not conducted by a board
of elections pursuant to this article shall transmit to the state board
of elections copies of the records required to be transmitted pursuant
to section 3-112 of this chapter in a manner and time provided for in
such section.
ARTICLE 16 Judicial Proceedings
Jurisdiction; supreme court, county court. 1. The supreme
court is vested with jurisdiction to summarily determine any question of
law or fact arising as to any subject set forth in this article, which
shall be construed liberally.
2. The county court is vested with jurisdiction to summarily determine
any question of law or fact except proceedings as to a nomination or
election at a primary election or a nomination at a judicial convention,
proceedings as to the casting and canvass of ballots, proceedings for
examination or preservation of ballots and proceedings to enforce the
provisions of article fourteen of this chapter.
Actions or proceedings challenging provisions of this
chapter. 1. Notwithstanding any other law to the contrary, in any
action or proceeding in which any party challenges the constitutionality
of a provision of this chapter, and any related statutory claims, venue
shall be proper only in one of the following designated courts in a
judicial department within which at least one plaintiff is located:
(a) first judicial department: New York county;
(b) second judicial department: Westchester county;
(c) third judicial department: Albany county; or
(d) fourth judicial department: Erie county.
2. For the purposes of this section, a challenge to the
constitutionality of a provision of this chapter shall mean a challenge
in any form, including but not limited to a claim, counter-claim,
cross-claim, defense, or affirmative defense. Such a claim may be raised
by any party, including but not limited to a plaintiff, defendant,
third-party plaintiff, third-party defendant, intervenor, or substituted
party.
Proceedings as to designations and nominations, primary
elections, etc. 1. The nomination or designation of any candidate for
any public office or party position or any independent nomination, or
the holding of an uncontested primary election, by reason of a petition
for an opportunity to ballot having been filed, or the election of any
person to any party position, or the certificate to fill a vacancy in a
designation, may be contested in a proceeding instituted in the supreme
court by any aggrieved candidate, or by the chairman of any party
committee or by a person who shall have filed objections, as provided in
this chapter, except that the chairman of a party committee may not
bring a proceeding with respect to a designation or the holding of an
otherwise uncontested primary.
2. A proceeding with respect to a petition shall be instituted within
fourteen days after the last day to file the petition, within four days
after the last day that a certificate to fill a vacancy in a designation
shall be filed, or within three business days after the officer or board
with whom or which such petition was filed, makes a determination of
invalidity with respect to such petition or certificate to fill a
vacancy, whichever is later; except that a proceeding with respect to a
petition for a village election or a nomination for a special election
shall be instituted within seven days after the last day to file the
certificate or petition for such village election or nomination or
within three business days after the officer or board with whom or which
such certificate or petition was filed, makes a determination of
invalidity with respect to such certificate or petition, whichever is
later. A proceeding with respect to a primary, convention, meeting of a
party committee, or caucus shall be instituted within ten days after the
holding of such primary or convention or the filing of the certificate
of nominations made at such caucus or meeting of a party committee.
3. The court may direct reassembling of any convention or the holding
of a new primary election, or caucus where it finds there has been such
fraud or irregularity as to render impossible a determination as to who
rightfully was nominated or elected.
4. A final order including the resolution of any appeals in any
proceeding involving the names of candidates on ballots or voting
machines shall be made, if possible, at least five weeks before the day
of the election at which such ballots or voting machines are to be used,
or if such proceeding is commenced within five weeks of such election,
no later than the day following the day on which the case is heard.
Proceedings as to form of ballot, party name, etc. 1. The
form and content of any ballot, or portion thereof, to be used in an
election, and the right to use any emblem design, party or independent
body name, may be contested in a proceeding instituted in the supreme
court by any aggrieved candidate or by the chairman of any party
committee or independent body.
2. The wording of the abstract or form of submission of any proposed
amendment, proposition or question may be contested in a proceeding
instituted by any person eligible to vote on such amendment, proposition
or question.
3. A proceeding pursuant to subdivision two of this section must be
instituted within seven days after the last day to certify the wording
of any such abstract or form of submission.
4. A final order including the resolution of any appeals in any
proceeding involving the contents of official ballots on voting machines
shall be made, if possible, at least five weeks before the day of the
election at which such voting machines are to be used, or if such
proceeding is commenced within five weeks of an election, no later than
the day following the day on which the case is heard.
Proceedings as to the casting and canvass of ballots. 1.
The post-election refusal to cast: (a) challenged ballots, blank
ballots, or void ballots; (b) early mail, absentee, military, special,
or federal write-in ballots; (c) emergency ballots; and (d) ballots
voted in affidavit envelopes may be contested in a proceeding instituted
in the supreme or county court, by any candidate or the chairman of any
party committee, and by any voter with respect to the refusal to cast
such voter's ballot, against the board of canvassers of the returns from
such district, if any, and otherwise against the board of inspectors of
election of such district. If the court determines that the person who
cast such ballot was entitled to vote at such election, it shall order
such ballot to be cast and canvassed, including if the court finds that
ministerial error by the board of elections or any of its employees
caused such ballot envelope not to be valid on its face.
2. The canvass of returns by the state, or county, city, town or
village board of canvassers may be contested, in a proceeding instituted
in the supreme court by any voter, except a proceeding on account of the
failure of the state board of canvassers to act upon new returns of a
board of canvassers of any county made pursuant to the order of a court
or justice, which may be instituted only by a candidate aggrieved or a
voter in the county.
3. The attorney general, on behalf of the state, and the chairman of
the state committee of a party, may institute any proceeding allowed
herein relating to the returns of canvass by inspectors upon the vote of
any ballot proposal submitted to the people of the state.
4. The court shall ensure the strict and uniform application of the
election law and shall not permit or require the altering of the
schedule or procedures in section 9-209 of this chapter but may direct a
recanvass or the correction of an error, or the performance of any duty
imposed by this chapter on such a state, county, city, town or village
board of inspectors, or canvassers.
5. In the event procedural irregularities or other facts arising
during the election suggest a change or altering of the canvass
schedule, as provided for in section 9-209 of this chapter, may be
warranted, a candidate may seek an order for temporary or preliminary
injunctive relief or an impound order halting or altering the canvassing
schedule of early mail, absentee, military, special or affidavit
ballots. Upon any such application, the board or boards of elections
have a right to be heard. To obtain such relief, the petitioner must
meet the criteria in article sixty-three of the civil practice law and
rules and show by clear and convincing evidence, that, because of
procedural irregularities or other facts arising during the election,
the petitioner will be irreparably harmed absent such relief. For the
purposes of this section, allegations that opinion polls show that an
election is close is insufficient to show irreparable harm to a
petitioner by clear and convincing evidence.
6. A proceeding under subdivisions one and three of this section must
be instituted within twenty days and under subdivision two, within
thirty days after the election or alleged erroneous statement or
determination was made, or the time when the board shall have acted in
the particulars as to which it is claimed to have failed to perform its
duty, except that such a proceeding with respect to a village election
must be instituted within ten days after such election, statement,
determination or action.
Proceedings as to registration and voting. 1. The supreme
court, by a justice thereof within the judicial district, or the county
court, by a county judge within his county, in a proceeding instituted
by any voter to whom registration has been unlawfully refused, shall
compel, by order, the registration of such voter, and, in a proceeding
instituted by any voter duly qualified to vote in this state, or by the
state board of elections, shall, by order, direct the cancellation of
the registration of any person who shall unlawfully be registered, and
shall order the board of elections or other official charged with the
conduct of registration to carry out such order.
2. In any such proceeding the board of elections or other official
charged with the conduct of the election, in which it is claimed the
registration of the voter unlawfully was refused or unlawfully
registered, shall be a necessary party and the person whose name is
sought to be stricken from the register shall likewise be a necessary
party, and the board and such person shall receive such notice as the
court, justice or judge shall direct.
3. Such court, in a proceeding instituted by any voter unlawfully
denied the right to vote by the inspectors, shall, by order, direct that
he be allowed to vote at his polling place and within the hours
established by law. Such order shall, where necessary, direct the board
of elections to complete the voter's registration and enrollment
records.
4. Such court, justice or judge, in a proceeding instituted by any
voter unlawfully denied an early mail or absentee ballot or the
application therefor, shall compel, by order, the delivery to such voter
of a ballot or application.
5. An affidavit by any officer or employee of the board of elections,
or by any police officer, sheriff or deputy sheriff, or by any special
investigator appointed by the state board of elections, that he or she
visited the premises claimed by the applicant as his or her residence
and that he interrogated an incarcerated individual, housedweller,
keeper, caretaker, owner, proprietor or landlord thereof or therein as
to the applicant's residence therein or thereat, and that he or she was
informed by one or more of such persons, naming them, that they knew the
persons residing upon such premises and that the applicant did not
reside upon such premises thirty days before the election, shall be
presumptive evidence against the right of the voter to register from
such premises.
6. For each primary, special and general election, the presiding
justice of the appellate division of the first and second judicial
department shall, and the presiding justice of the appellate division of
the third and fourth judicial departments may assign one or more
justices of the supreme court to sit at such offices of the board of
elections and such other locations as may be designated to hear and
determine all cases arising under this chapter relating to eligibility
for voting of such election.
Proceedings as to enrollment. 1. The supreme court, by a
justice thereof within the judicial district, or the county court, by a
judge within his county, in a proceeding instituted by a duly enrolled
voter of a party, not later than the second Friday before a primary
election, shall direct the enrollment of any voter with such party to be
cancelled if it appears that any material statement in the declaration
of the voter upon which he was enrolled is false or that the voter has
died or does not reside at the address on his registration record.
2. The chairperson of the county committee of a party with which a
voter is enrolled in such county, or, in the absence of a county
committee in such county, a person elected for such purpose by a
majority vote of the state committee of the party at a regular or
special meeting of the party at which a quorum is present, may, upon a
written complaint by an enrolled member of such party in such county and
after a hearing held by such person or by a sub-committee appointed by
such person upon at least two days' notice to the voter, personally or
by mail, determine that the voter is not in sympathy with the principles
of such party. The Supreme Court or a justice thereof within the
judicial district, in a proceeding instituted by a duly enrolled voter
of the party at least ten days before a primary election, shall direct
the enrollment of such voter to be cancelled if it appears from the
proceedings before such person or sub-committee, and other proofs, if
any, presented, that such determination is just.
3. The state committee of a party may elect, by majority vote at a
regular or special meeting at which a quorum is present, a person or
persons to receive complaints, hold hearings and institute proceedings
under this section for any county or counties in which there is no
county committee of such party.
Proceedings for examination or preservation of ballots. The
supreme court, by a justice within the judicial district, or the county
court, by a county judge within his county, may direct the examination
by any candidate or his agent of any ballot or voting machine upon which
his name appeared, and the preservation of any ballots in view of a
prospective contest, upon such conditions as may be proper.
Proceeding with respect to voter verifiable records. The
supreme court, by a justice within the judicial district, or the county
court, by a county judge within his or her county, in a special
proceeding by any candidate or his or her agent, may direct a manual
audit of the voter verifiable audit records applicable to any candidate
running for office within such judicial district or county where (1) the
uniform statewide standard promulgated by regulation by the state board
of elections pursuant to subdivision three of section 9-211 of this
chapter with respect to discrepancies between manual audit tallies and
voting machines or systems tallies requires a further voter verifiable
record audit of additional voting machines or systems or all voting
machines or systems applicable to such election, or (2) where evidence
presented to the court otherwise indicates that there is a likelihood of
a material discrepancy between such manual audit tally and such voting
machine or system tally, or a discrepancy as defined in subdivision
three of section 9-208 of this chapter, which creates a substantial
possibility that the winner of the election as reflected in the voting
machine or system tally could change if a voter verifiable record audit
of additional voting machines or systems or of all voting machines or
systems applicable to such election were conducted.
Proceedings to compel filing of statements or corrected
statements of campaign receipts, expenditures and contributions. 1. The
supreme court or a justice thereof, in a proceeding instituted by any
candidate voted for at the election or primary or by any five qualified
voters or by the state or other board of elections may compel by order,
any person required to file a statement of receipts, expenditures or
contributions for campaign purposes, who has not filed any such
statement within the time prescribed by this chapter, to file such
statement within five days after notice of the order.
2. The supreme court or a justice thereof, in a proceeding instituted
by any candidate voted for at the election or primary or by any five
qualified voters, or by the state or other board of elections in
accordance with the provision of this chapter may compel by order any
person required under the provisions of this chapter to file a statement
of receipts, expenditures or contributions for campaign purposes, who
has filed a statement which does not conform to the requirements of this
chapter in respect to its truth, sufficiency in detail or otherwise, to
file a new or supplemental statement which shall make the statement or
statements true and complete within five days after notice of the order.
The state board of elections shall be a necessary party in any such
proceeding.
3. The supreme court or a justice thereof, in a proceeding instituted
by any candidate voted for at the election or primary or by any five
qualified voters, or by the state or other board of elections may compel
by order any person who has failed to comply, or the members of any
committee which has failed to comply, with any of the provisions of this
chapter, to comply therewith.
4. In every proceeding instituted under this section, except a
proceeding to compel the filing of a statement by a candidate for
nomination to a public office at a primary election or for election
thereto, or by the treasurer of a political committee, who has failed to
file any statement, the petitioner or petitioners, upon the institution
of the proceeding shall file with the county clerk an undertaking in a
sum to be determined and with sureties to be approved by a justice of
the supreme court conditioned to pay any costs imposed against him or
them; provided, however, that no such undertaking shall be required in a
proceeding instituted by the state or other board of elections.
Proceedings with respect to utilizing certain buildings as
polling places. The supreme court or a justice thereof, in a proceeding
instituted by any board or body empowered to designate polling places,
may compel by order, any person or entity which owns or operates a
building or facility which is required by this chapter to be made
available as a place of registration and voting to make such building or
facility available for such purposes and in a proceeding instituted by
any person or entity which owns or operates such a building or facility,
may vacate a determination by such a board or body that such a building
is suitable for registration and voting upon a finding that such
building is not required to be made available as a place of registration
and voting.
Proceedings; provisions in relation thereto. A special
proceeding under the foregoing provisions of this article shall be heard
upon a verified petition and such oral or written proof as may be
offered, and upon such notice to such officers, persons or committees as
the court or justice shall direct, and shall be summarily determined.
The proceeding shall have preference over all other causes in all
courts. The petition in any such proceeding instituted by the state or
other board of elections shall be verified by the persons specified in
accordance with rules promulgated by the state board of elections. In
the city of New York, a proceeding relating to a run-off primary brought
pursuant to this article shall have first preference over all other
proceedings.
Proceedings to review removal of committee member or
officer. The action of any political committee or independent body in
removing a member or officer thereof may be reviewed by a proceeding
pursuant to article seventy-eight of the civil practice law and rules.
Enforcement proceedings. 1. The supreme court or a justice
thereof, in a proceeding instituted by the state board of elections, may
impose a civil penalty, as provided for in subdivisions one and two of
section 14-126 of this chapter.
2. Upon proof that a violation of article fourteen of this chapter, as
provided in subdivision one of this section, has occurred, the court may
impose a civil penalty, pursuant to subdivisions one and two of section
14-126 of this chapter, after considering, among other factors, the
severity of the violation or violations, whether the subject of the
violation made a good faith effort to correct the violation and whether
the subject of the violation has a history of similar violations. All
such determinations shall be made on a fair and equitable basis without
regard to the status of the candidate or political committee.
ARTICLE 17 Protecting the Elective Franchise
TITLE 1 Violations of the Elective Franchise
Definitions. 1. The word "election" as used in this article
shall be deemed to apply to and include all general, special and primary
elections, unofficial primaries and all local elections relating to
candidates, ballot proposals, proceedings for the nominations of
candidates by petition, and all elections held pursuant to Article 52A
of the education law.
2. The word "candidate" shall be deemed to apply to any person seeking
a nomination, designation, or election to a public office or party
office.
3. The term "election officer" shall mean any person who, pursuant to
the provisions of this chapter, performs any duty or function in the
electoral process.
4. The term "public officer" as used in this article shall be deemed
to apply to any person who holds an elective or appointive office of the
state, separate authority or any political subdivision of the state with
authority to supervise other personnel within such subdivisions. The
term "public employee" shall be deemed to apply to all other personnel
of the state or such authorities or subdivisions.
Misdemeanors at, or in connection with, primary elections,
caucuses, enrollment in political parties, committees, and conventions.
Any person who:
1. At a primary election or caucus of a party, wilfully votes, or
attempts to vote, without being entitled to do so, or votes, or attempts
to vote under any other name than his own or on the same day more than
once under his own name; or,
2. Votes, or offers to vote, at a primary election or caucus of a
party, having voted at the primary election or caucus of any other
political party on the same day, or being at the time enrolled in a
party other than the party at whose primary or caucus he votes or offers
to vote; or, who causes his name to be placed upon the rolls of a party
organization of one party while his name is by his consent or
procurement upon the rolls of a party organization of another party; or,
3. At a primary election or caucus, for the purpose of affecting the
result thereof, votes or attempts to vote two or more ballots, or adds,
or attempts to add, any ballot to those lawfully cast, by fraudulently
introducing the same into the ballot box before or after the ballots
therein have been counted, or who adds to or mixes with, or attempts to
add to or mix with, the ballots lawfully cast, another ballot or other
ballots before the votes have been counted or canvassed, or while the
votes are being counted or canvassed; or at any time abstracts any
ballots lawfully cast, with intent to change the result of such election
or to change the count thereat in favor of or against any person voted
for at such election, or to prevent the ballots being recounted or used
as evidence; or carries away, destroys, loses, conceals, detains,
secretes, mutilates, or attempts to carry away, destroy, conceal,
detain, secrete, or mutilate, any tally lists, ballots, ballot boxes,
enrollment books, certificates of return, or any official documents
provided for by the election law or otherwise by law, for the purpose of
affecting or invalidating the result of such election, or of destroying
evidence; or in any manner interferes with the officers holding any
primary election or conducting the canvass of the votes cast thereat, or
with voters lawfully exercising, or seeking to exercise, their right of
voting at such primary election; or,
4. For the purpose of securing enrollment as a member of a political
party, or for the purpose of being allowed to vote at a primary election
or caucus as a member of a political party makes, deposits or files with
a board of inspectors, or with any public officer or board, a false
declaration of party affiliation or wilfully makes a false declaration
of residence, either by an enrollment blank or otherwise, or falsely
answers any pertinent question asked him by the board of election
inspectors, or by a member thereof; or,
5. Fraudulently or wrongfully does any act tending to affect the
result of any primary election, caucus or convention; or,
6. Induces or attempts to induce any poll clerk, election inspector,
election coordinator, or officer, clerk or employee of the board of
elections discharging any duty or performing any act required or made
necessary by the election law at a primary election or in connection
with the registration or enrollment of voters, to do any act in
violation of his duty or in violation of the election law; or,
7. Directly or indirectly, by himself or through any other person,
pays, or offers to pay, money or other valuable thing, or promises a
place or position, or offers any other consideration or makes any other
promise, to any person, to induce any voter to vote, or refrain from
voting, at a primary election or caucus, or convention, for or against
any particular person; or does or offers to do, anything to hinder or
delay any elector from taking part in or voting at a primary election or
caucus; or,
8. By menace or other unlawful or corrupt means, directly or
indirectly, influences or attempts to influence, the vote of any person
entitled to vote at a primary election or caucus, or convention, or
obstructs such person in voting, or prevents him from voting thereat;
or,
9. Directly or indirectly, by himself or through another person,
receives money or other valuable thing, or a promise of a place or
position, before, at, or after any primary election or caucus, or
convention, for voting or refraining from voting for or against any
person, or for voting or refraining from voting at a primary election,
caucus or convention; or,
10. Being an officer, teller, canvasser, or inspector, at a primary
election or caucus, knowingly permits any fraudulent vote to be cast, or
knowingly receives and deposits in the ballot box any ballots offered by
any person not qualified to vote; or permits the removal of ballots from
the polling place before the close of the polls, or refuses to receive
ballots intended for the electors of the district, or refuses to deliver
to any elector ballots intended for the electors of the district which
have been delivered to the board of inspectors, or permits
electioneering within the polling place or within one hundred feet
therefrom, or fails to keep order within the polling place, or permits
any person other than the inspectors, or other persons permitted by this
chapter to render assistance, to accompany an elector into a voting
booth, or enters the voting booth with any elector, except one entitled
to receive such assistance in the preparation of his ballot, or permits
any person, other than a voter who has not voted, or a watcher to come
within the guard rail or removes or permits another to remove any mark
placed upon a ballot for its identification; or,
11. Being an officer, clerk or employee of the board of elections,
election inspector, poll clerk or election coordinator, knowingly puts
opposite the name of an elector in an enrollment book any enrollment
number other than the number opposite such name in the registration poll
records of such district, or knowingly delivers to or receives from any
elector on the day of registration an enrollment blank or envelope on
which is any other enrollment number than the one opposite his name in
such registration poll records or knowingly transcribes from an
enrollment blank to the enrollment books any refusal to enroll or
enrollment not indicated on the enrollment blank of the elector of such
district whose enrollment number appears on such enrollment blank, or
refuses or wilfully neglects to transcribe from any enrollment blank to
the proper enrollment books any refusal to enroll or enrollment
indicated on the enrollment blank of such an elector, enrolls or
attempts to enroll as a member of a political party upon any of the
enrollment books, any person not qualified to enroll as such, or
fraudulently enters thereupon the name of any person who has not
enrolled as a member of any political party, or refuses or wilfully
neglects to enroll upon any of the enrollment books the name of any
qualified person who has demanded to be enrolled as a member of a
political party, or at any time strikes from any of the enrollment books
the name of any person duly enrolled, or at any time adds to any of the
enrollment books the name of any person not qualified to be enrolled as
a member of a political party, or the name of any person who in fact has
not enrolled as such; or makes marks upon, mutilates, carries away,
conceals, alters, or destroys any enrollment blank or enrollment
envelope used or deposited by an elector on a day of registration for
the purpose of enrolling or refusing to enroll himself as a member of a
political party; or mutilates, carries away, conceals, alters or
destroys, any statement or declaration made by a qualified voter for the
purpose of enrolling as a member of the party; or, prior to the close of
the last meeting for registration in any year, mutilates, carries away,
conceals, alters, or destroys any enrollment blanks or enrollment
envelopes not then delivered to electors; or,
12. Being an officer, teller, canvasser, election inspector, clerk or
employee of the board of elections or any officer of a political
committee or a convention, wilfully omits, refuses or neglects to do any
act required by this chapter or otherwise by law, or violates any of the
provisions of the election law, or makes or attempts to make any false
canvass of the ballots cast at a primary election, caucus or convention,
or a false statement of the result of a canvass of the ballots cast
thereat; or,
13. Being an officer, clerk or employee of the board of elections, or
an officer of a political committee or a convention, who is charged
with, or assumes, the duty of compiling the roll of any convention,
wilfully includes in such roll the name of any person not certified to
be elected thereto in accordance with the provisions of law, or who
wilfully omits from such roll the name of any person who is so certified
to be a delegate to such convention, is guilty of a misdemeanor.
False registration. Any person who:
1. Registers or attempts to register as an elector in more than one
election district for the same election, or more than once in the same
election district; or,
2. Registers or attempts to register as an elector, knowing that he
will not be a qualified voter in the district at the election for which
such registration is made; or
3. Registers or attempts to register as an elector under any name but
his own; or
4. Knowingly gives a false residence within the election district when
registering as an elector; or
5. Knowingly permits, aids, assists, abets, procures, commands or
advises another to commit any such act, is guilty of a felony.
Misconduct of election officers. Any election officer who
wilfully refuses to accord to any duly accredited watcher or to any
voter or candidate any right given him by this chapter, or who wilfully
violates any provision of the election law relative to the registration
of electors or to the taking, recording, counting, canvassing, tallying
or certifying of votes, or who wilfully neglects or refuses to perform
any duty imposed on him by law, or is guilty of any fraud in the
execution of the duties of his office, or connives in any electoral
fraud, or knowingly permits any such fraud to be practiced, is guilty of
a felony.
False affidavits; mutilation, destruction or loss of
registry list or affidavits. 1. Any person who wilfully loses, alters,
destroys or mutilates the list of voters or registration poll ledgers in
any election district, or a certified copy thereof, is guilty of a
misdemeanor.
2. An applicant for registration who shall make, incorporate or cause
to be incorporated a material false statement in an application for
registration, or in any challenge or other affidavit required for or
made or filed in connection with registration or voting, and any person
who knowingly takes a false oath before a board of inspectors of
election, and any person who makes a material false statement in a
medical certificate or an affidavit filed in connection with an
application for registration, is guilty of a misdemeanor.
3. A person who shall wilfully suppress, mutilate or alter, or, except
as authorized by this chapter, shall destroy, any signed challenge or
other affidavit required for or made or filed in connection with
registration or voting, and any person who, except as authorized by this
chapter, shall remove such an affidavit from the place of registration
or polling place, is guilty of a felony.
4. A person other than the applicant who, prior to the filing of the
application, shall willfully suppress, mutilate, materially alter, or,
except as authorized by this chapter, destroy a signed application for
registration by mail, is guilty of a misdemeanor.
Misdemeanors concerning police commissioners or officers or
members of any police force. Any person who, being a police commissioner
or any officer or member of any police force in this state:
1. Uses or threatens or attempts to use his official power or
authority, in any manner, directly or indirectly, in aid of or against
any political party, organization, association or society, or to
control, affect, influence, reward or punish, the political adherence,
affiliation, action, expression or opinion of any citizen; or
2. Appoints, promotes, transfers, retires or punishes an officer or
member of a police force, or asks for or aids in the promotion,
transfer, retirement or punishment of an officer or member of a police
force because of the party adherence or affiliation of such officer or
member, or for or on the request, direct or indirect, of any political
party, organization, association or society, or of any officer, member
of a committee or representative official or otherwise of any political
party, organization, association or society; or
3. Solicits, collects or receives any money for, any political fund,
club, association, society or committee, is guilty of a misdemeanor.
Soliciting media support. Any person who solicits from a
candidate for an elective office money or other property as a condition
or consideration for a supporting article, report or advertisement in
any publication or news media in favor of such candidate, is guilty of a
misdemeanor.
Failure to furnish information; false information. 1. Any
person who knowingly harbors or conceals any person who falsely
registered as a voter, or who shall rent any room or bed to any person
to be used by such person for himself or any other person for the
purpose of unlawfully registering or voting therefrom is guilty of a
misdemeanor.
2. A keeper of a hotel, lodging-house, boarding-house or
rooming-house, who neglects to give to an election officer requesting
the same, a sworn list of persons residing in such hotel, lodging-house,
boarding-house, dwelling or apartment, together with the other
particulars or information in relation to such persons required to be
given by or pursuant to this chapter, is guilty of a misdemeanor.
3. A keeper of a hotel, lodging house, boarding-house, or
rooming-house or the owner or lessee of a dwelling or apartment who
makes a report or furnishes a list required by this chapter which
knowingly and falsely states that a person has resided on the premises
to which the report or list relates for a longer period than he has
actually resided therein, or puts upon such a list or in such a report a
name under which no person resides in said premises, is guilty of a
felony.
Removal, mutilation or destruction of election booths,
supplies, poll-lists or cards of instruction. Any person who:
1. During the election, wilfully defaces or injures a voting booth or
compartment, or wilfully removes or destroys any of the supplies or
other conveniences placed in the voting booths or compartments in
pursuance of law; or,
2. Before the closing of the polls, wilfully defaces or destroys any
list of candidates to be voted for such an election posted in accordance
with the election law; or,
3. During an election, wilfully removes or defaces the cards for the
instruction of voters, posted in accordance with this chapter, is guilty
of a misdemeanor.
Refusal to permit employees to attend election. A person or
corporation who refuses an employee entitled to vote at an election the
privilege of attending thereat, as provided by the election law, or
subjects such employee to a penalty or reduction of wages because of the
exercise of such privilege, is guilty of a misdemeanor.
Misconduct in relation to certificate of nomination and
official ballot. A person who:
1. Falsely makes or makes oath to, or fraudulently defaces or destroys
a certificate of nomination or any part thereof; or,
2. Files or receives for filing a certifiate of nomination, knowing
that any part thereof was falsely made; or,
3. Suppresses a certificate of nomination which has been duly filed,
or any part thereof; or,
4. Forges or falsely makes the official indorsement of any ballot; or,
5. Having charge of official ballots, destroys, conceals or suppresses
them, except as provided by the law. is guilty of a felony.
Misconduct in relation to petitions. Any person who:
1. Pays, lends, contributes or promises to pay, lend or contribute any
money or other valuable consideration to or for any voter, or to or for
any other person, to induce such voter to sign a petition for the
designation of a candidate for party nomination or for election to a
party position to be voted for at a primary election, or to induce such
voter to sign a petition for opportunity to ballot at a primary election
or to induce such voter to sign an independent nominating petition for
public office; or
2. Gives, offers or promises any office, place or employment, or
promises to procure or endeavor to procure any office, place or
employment to or for any voter, or to or for any other person, in order
to induce such voter to sign a petition for the designation of a
candidate for party nomination or for election to a party position to be
voted for at a primary election, or to induce such voter to sign a
petition for opportunity to ballot at a primary election or to induce
such voter to sign an independent nominating petition for public office;
or
3. Receives, agrees or contracts for any money, gift, loan or other
valuable consideration, office, place or employment for himself or any
other person, for signing a petition for the designation of a candidate
for party nomination or for election to a party position to be voted for
at a primary election, or for signing a petition for opportunity to
ballot at a primary election or for signing an independent nominating
petition for public office; or
4. Pays or agrees to pay money or other valuable consideration, to any
person for his services in canvassing for or otherwise procuring the
signatures of voters to a petition for the designation of a candidate or
candidates for party nomination or for election to a party position to
be voted for at a primary election, or to a petition for opportunity to
ballot at a primary election, or to an independent nominating petition
for public office, upon the basis of the number of names to such
petition procured by such person, or at a fixed amount per name; or,
5. Represents to any person as an inducement for signing a petition
for the designation of a candidate for party nomination or for election
to a party position to be voted for at a primary election, or for
signing a petition for opportunity to ballot at a primary election, or
for signing an independent nominating petition for public office, that
the person soliciting such signature is to be compensated upon the basis
of the number of names procured by such a person, or at a fixed amount
per name; or
6. Being a signer of a petition, provided for in the election law, for
the designation or nomination of a candidate, or a petition for
opportunity to ballot at a primary election, thereby makes a false
statement or makes a false affidavit thereon, or a false statement to
the witness who authenticates the petition; or
7. Being a notary public, commissioner of deeds or a subscribing
witness to a petition, provided for in this chapter, for the designation
or nomination of a candidate, or a petition for opportunity to ballot at
a primary election, thereby makes a false statement or makes a false
affidavit thereon; or
8. Alters a petition, provided for in the election law, for the
designation or nomination of a candidate, or a petition for opportunity
to ballot at a primary election, by inserting, adding or changing
therein the name of a candidate, or the title or designation of an
office or position by any means whatsoever, after such petition has been
signed by one or more persons, is guilty of a misdemeanor.
Failure to deliver official ballots. Any person who has
undertaken to deliver official ballots to any city, town or village
clerk, or inspector as authorized by this chapter, and neglects or
refuses to do so, is guilty of a misdemeanor.
Misconduct of election officers. Any election officer who:
1. Reveals to another person the name of any candidate for whom a
voter has voted;
2. Communicates to another person his opinion, belief or impression as
to how or for whom a voter has voted; or,
3. Places a mark upon a ballot, or does any other act by which one
ballot can be distinguished from another or can be identified; or,
4. Before the closing of the polls, unfolds a ballot that a voter has
prepared for voting, except as provided in section 9-209 of this
chapter, is guilty of a misdemeanor.
Violations of election law by public officer or employee. A
public officer or employee who knowingly and wilfully omits, refuses or
neglects to perform any act required of him by this chapter or who
knowingly and wilfully refuses to permit the doing of any act authorized
by this chapter or who knowingly and wilfully hinders or delays or
attempts to hinder or delay the performance of such an act is, if not
otherwise provided by law, guilty of a felony.
Misdemeanor in relation to elections. Any person who:
1. Acts as an inspector of election or as a clerk at an election,
without being able to read or write the English language, or without
being otherwise qualified to hold such office; or,
2. Being an inspector of election, knowingly and wilfully permits or
suffers any person to vote who is not entitled to vote thereat; or,
3. Wilfully and unlawfully obstructs, hinders or delays, or aids or
assists in obstructing or delaying any elector on his way to a
registration or polling place, or while he is attempting to register or
vote; or,
4. Electioneers on election day or on days of registration within one
hundred feet, as defined herein, from a polling place. Said prohibition
shall not apply to a building or room that has been maintained for
political purposes at least six months prior to said election or
registration days, except that no political displays, placards or
posters shall be exhibited therefrom. For the purposes of this section,
the one hundred feet distance shall be deemed to include a one hundred
foot radial measured from the entrances, designated by the inspectors of
elections, to a building where the election or registration is being
held.
5. Removes any official ballot from a polling place before the closing
of the polls; or,
6. Unlawfully goes within the guard-rail of any polling place or
unlawfully remains within such guard-rail after having been commanded to
remove therefrom by any inspector of election; or,
7. Enters a voting booth with any voter or remains in a voting booth
while it is occupied by any voter, or opens the door of a voting booth
when the same is occupied by a voter, with the intent to watch such a
voter while engaged in the preparation of his ballot, except as
authorized by this chapter; or,
8. Being or claiming to be a voter, permits any other person to be in
a voting booth with him while engaged in the preparation of his ballot,
except as authorized by this chapter, without openly protesting against
and asking that such person be ejected; or,
9. Having lawfully entered a voting booth with a voter, requests,
persuades or induces such voter to vote any particular ballot or for any
particular candidate, or makes or keeps any memorandum of anything
occurring within the booth, or directly or indirectly, reveals to
another the name of any candidate voted for by such voter; or,
10. Shows his ballot after it is prepared for voting, to any person so
as to reveal the contents, or solicits a voter to show the same; or,
11. Places any mark upon his ballot, or does any other act in
connection with his ballot with the intent that it may be identified as
the one voted by him; or,
12. Places any mark upon, or does any other act in connection with a
ballot or paster ballot, with the intent that it may afterwards be
identified as having been voted by any particular person; or,
13. Receives an official ballot from any person other than one of the
clerks or inspectors having charge of the ballots; or,
14. Not being an inspector of election or clerk, delivers an official
ballot to a voter; or,
15. Not being an inspector of election, receives from any voter a
ballot prepared for voting; or,
16. Fails to return to the inspectors of election, before leaving the
polling place or going outside the guard-rail, each ballot not voted by
him; or,
17. Wilfully defaces, injures, mutilates, destroys or secretes any
voting maching which belongs to any municipality or board of elections
for use at elections, and any person who commits or attempts to commit a
fraud in the use of any such voting machine during election; or,
18. Not being lawfully authorized, makes or has in his possession a
key to a voting machine which has been adopted and will be used in
elections; or,
19. Not being an inspector or clerk of election, handles a voted or
unvoted ballot or stub thereof, during the canvass of votes at an
election; or,
20. Intentionally opens a voter's ballot envelope or examines the
contents thereof after the receipt of the envelope by the board of
elections and before the close of the polls at the election except as
provided in section 9-209 of this chapter; or,
21. Willfully disobeys any lawful command of the board of inspectors,
or any member thereof; or,
22. Induces or attempts to induce any poll clerk, election inspector,
election coordinator, or officer, clerk or employee of the board of
elections discharging any duty or performing any act required or made
necessary by the election law, to do any act in violation of his duty or
in violation of the election law; or,
23. Not having been appointed or named an inspector of elections or
clerk and not having taken the oath for such office shall wear or
display any button, badge or emblem identifying or purporting to
identify such person as an inspector of election or clerk, is guilty of
a misdemeanor.
Illegal voting. Any person who:
1. Knowingly votes or offers or attempts to vote at any election, when
not qualified; or,
2. Procures, aids, assists, counsels or advises any person to go or
come into any election district, for the purpose of voting at any
election, knowing that such person is not qualified; or,
3. Votes or offers or attempts to vote at an election, more than once;
or votes or offers or attempts to vote at an election under any other
name than his own; or votes or offers or attempts to vote at an
election, in an election district or from a place where he does not
reside; or,
4. Procures, aids, assists, commands or advises another to vote or
offer or attempt to vote at an election, knowing that such person is not
qualified to vote thereat; or,
5. Prompts a person, applying to vote, to falsely answer questions put
to him by the inspectors concerning his identity or qualifications for
voting; or,
6. Being an applicant for an absentee voter's ballot, makes a material
false statement in his application, or a person who makes a material
false statement in a medical certificate or an affidavit filed in
connection with an application for an absentee voter's ballot; or,
7. Not being a qualified absentee voter, and having knowledge or being
chargeable with knowledge of that fact, votes or attempts to vote as an
absentee voter; or,
8. Fraudulently signs the name of another upon an early mail or
absentee voter's envelope or aids in doing or attempting to do a
fraudulent act in connection with an early mail or absentee vote cast or
attempted to be cast; or,
9. Falsely pretends or represents to the inspectors of election or any
of them that he is incapacitated to mark his ballot, for the purpose of
obtaining assistance in voting under the provisions of this chapter, is
guilty of a felony.
Any offer or attempt under this section shall be deemed to be the
doing of any act made necessary by this chapter preliminary to the
delivery of a ballot to an elector or the deposit of the ballot in the
ballot box or his admission to the booth or voting machine enclosure.
Unlawful use of pasters. An election officer or other person
who uses a paster, sticker or label upon an official ballot, at any
election, except as authorized and in the manner provided by this
chapter, is guilty of a felony.
False returns; unlawful acts respecting returns. An
inspector or clerk of an election who intentionally makes, or attempts
to make, a false canvass of the ballots cast thereat, or any false
statement of the result of a canvass, though not signed by a majority of
the inspectors, or any person who induces or attempts to induce any such
inspector or clerk to do so, is guilty of a felony.
Giving consideration for franchise. Except as allowed by
law, any person who directly or indirectly, by himself or through any
other person:
1. Pays, lends or contributes, or offers or promises to pay, lend or
contribute any money or other valuable consideration to or for any
voter, or to or for any other person, to induce such voter or other
person to vote or refrain from voting at any election, or to induce any
voter or other person to vote or refrain from voting at such election
for any particular person or persons, or for or against any particular
proposition submitted to voters, or to induce such voter to come to the
polls or remain away from the polls at such election or to induce such
voter or other person to place or cause to be placed or refrain from
placing or causing to be placed his name upon a registration poll record
or on account of such voter or other person having voted or refrained
from voting for or against any particular person or for or against any
proposition submitted to voters, or having come to the polls or remained
away from the polls at such election, or having placed or caused to be
placed or refrained from placing or causing to be placed his or any
other name upon the registry of voters; or,
2. Gives, offers or promises any office, place or employment, or
promises to procure or endeavor to procure any office, place or
employment to or for any voter, or to or for any other person, in order
to induce such voter or other person to vote or refrain from voting at
any election, or to induce any voter or other person to vote or refrain
from voting at such election, for or against any particular person or
for or against any proposition submitted to voters, or to induce any
voter or other person to place or cause to be placed or refrain from
placing or causing to be placed his or any other name upon a
registration poll record; or,
3. Gives, offers or promises any office, place, employment or valuable
thing as an inducement for any voter or other person to procure or aid
in procuring either a large or a small vote, plurality or majority at
any election district or other political division of the state, for a
candidate or candidates to be voted for at an election; or to cause a
larger or smaller vote, plurality or majority to be cast or given for
any candidate or candidates in one such district or political division
than in another; or,
4. Makes any gift, loan, promise, offer, procurement or agreement as
aforesaid to, for or with any person to induce such person to procure or
endeavor to procure the election of any person or the vote of any voter
at any election; or,
5. Procures or engages or promises or endeavors to procure, in
consequence of any such gift, loan, offer, promise, procurement, or
agreement the election of any person, or the vote of any voter, at such
election; or,
6. Advances or pays or causes to be paid, any money or other valuable
thing, to or for the use of any other person with the intent that the
same, or any part thereof, shall be used in bribery at any election, or
knowingly pays or causes to be paid any money or other valuable thing to
any person in discharge or repayment of any money, wholly or in part
expended in bribery at any election, is guilty of a felony.
Receiving consideration for franchise. Except as allowed by
law, any person who directly or indirectly, by himself or through any
other person:
1. Receives, agrees or contracts for, before or during an election,
any money, gift, loan or other valuable consideration, office place or
employment for himself or any other person, for voting or agreeing to
vote, or for coming or agreeing to come to the polls, or for remaining
away or agreeing to remain away from the polls, or for refraining or
agreeing to refrain from registering as a voter, or for refraining or
agreeing to refrain from voting, or for voting or agreeing to vote, or
for refraining or agreeing to refrain from voting for or against any
particular person or persons at any election, or for or against any
proposition submitted to voters at such election; or,
2. Receives any money or other valuable thing during or after an
election on account of himself or any other person having voted or
refrained from voting at such an election; or having registered or
refrained from registering as a voter, or on account of himself or any
other person having voted or refrained from voting for or against any
particular person at such election, or for or against any proposition
submitted to voters at such election, or on account of himself or any
other person having come to the polls or remained away from the polls at
such election, or having registered or refrained from registering as a
voter, or on account of having induced any other person to vote or
refrain from voting for or against any particular person at such
election, or for or against any proposition submitted to voters at such
election, is guilty of a felony.
Offender a competent witness; witnesses' immunity. 1. A
person offending against any section of this article is a competent
witness against another person so offending and may be compelled to
attend and testify on any trial, hearing or proceeding or investigation
in the same manner as any other person.
2. In any criminal proceeding before a court or grand jury for a
violation of any of the provisions of this article, the court or grand
jury may confer immunity in accordance with the code of criminal
procedure.
Bribery or intimidation of elector in military service of
United States. Any person who, directly or indirectly, by bribery,
menace or any other corrupt means, controls, or attempts to control an
elector of this state enlisted in the military service of the United
States, in the exercise of his rights under the election law, or annoys,
injures or punishes him for the manner in which he exercises such right,
is guilty of a misdemeanor.
Duress and intimidation of voters. Any person or corporation
who directly or indirectly:
1. Uses or threatens to use any force, violence or restraint, or
inflicts or threatens to inflict any injury, damage, harm or loss, or in
any other manner practices intimidation upon or against any person in
order to induce or compel such person to vote or refrain from voting for
or against any particular person or for or against any proposition
submitted to voters at such election, or to place or cause to be placed
or refrain from placing or causing to be placed his name upon a registry
of voters, or on account of such person having voted or refrained from
voting at such election, or having voted or refrained from voting for or
against any particular person or persons, or for or against any
proposition submitted to voters at such election, or having registered
or refrained from registering as a voter; or,
2. By abduction, duress or any forcible or fraudulent device or
contrivance whatever impedes, prevents or otherwise interferes with the
free exercise of the elective franchise by any voter, or compels,
induces or prevails upon any voter to give or refrain from giving his
vote for or against any particular person at any election; or,
3. Being an employer pays his employess the salary or wages due in
"pay envelopes," in which there is enclosed or upon which there is
written or printed political motto, device or argument containing
threats, express or implied, intended or calculated to influence the
political opinions or actions of such employees, or within ninety days
of a general election puts or otherwise exhibits in the establishment or
place where his employees are engaged in labor, any handbill or placard
containing any threat, notice or information, that if any particular
ticket or candidate is elected or defeated, work in his place or
establishment will cease, in whole or in part, his establishment will be
closed up, or the wages of his employees reduced, or other threats,
express or implied, intended or calculated to influence the political
opinions or actions of his employees, is guilty of a misdemeanor, and,
if a corporation, shall in addition forfeit its charter.
Conspiracy to promote or prevent election. Any two or more
persons who conspire to promote or prevent the election of any person to
a public office by unlawful means and which conspiracy is acted upon by
one or more of the parties thereto, shall be guilty of a misdemeanor.
Pernicious political activities. It shall be unlawful for
any person to: 1. Intimidate, threaten or coerce, or to attempt to
intimidate, threaten or coerce, any other person for the purpose of
interfering with the right of such other person to vote or to vote as he
may choose, or for the purpose of causing such other person to vote for,
or not to vote for, any candidate for the office of governor,
lieutenant-governor, attorney-general, comptroller, judge of any court,
member of the senate, or member of the assembly at any election held
solely or in part for the purpose of selecting a governor,
lieutenant-governor, attorney-general, comptroller, any judge or any
member of the senate or any member of the assembly; or,
2. Directly or indirectly, promise any employment, position, work,
compensation, or other benefit, provided for or made possible in whole
or in part by any act of congress or of the legislature appropriating
funds for work relief or relief purposes, to any person as
consideration, favor or reward for any political activity or for the
support of or opposition to any candidate or any political party in any
nominating convention or in any election; or,
3. Deprive, attempt to deprive or threaten to deprive, by any means,
any person of any employment, position, work, compensation or other
benefit provided for or made possible in whole or in part by any act of
congress or of the legislature appropriating funds for the work relief
or relief purposes, on account of any political activity or on account
of support for or opposition to any candidate or any political party in
any nominating convention or election; or
4. Solicit or receive or be in any manner concerned in soliciting or
receiving any assessment, subscription or contribution for any political
purpose whatever from any person known by him to be entitled to or
receiving compensation, employment or other benefit provided for or made
possible by any act of congress or of the legislature appropriating, or
authorizing the appropriation of, funds for work relief or relief
purposes; or
5. Furnish or to disclose, or to aid or assist in furnishing or
disclosing, any list or names of persons receiving compensation,
employment or benefits provided for or made possible by any act of
congress or of the legislature appropriating or authorizing the
appropriation of, funds for work relief or relief purposes, to a
political candidate, committee, campaign manager, or to any person for
delivery to a political candidate, committee or campaign manager, and it
shall be unlawful for any person to receive any such list or names for
political purposes.
No part of any appropriation made by any act of congress or of the
legislature, heretofore or hereafter enacted, making appropriations for
work relief, relief, or otherwise to increase employment by providing
loans and grants for public works projects, shall be used, and no
authority conferred by any such act upon any person shall be exercised
or administered, for the purpose of interfering with, restraining or
coercing any individual in the exercise of his right to vote and to vote
as he may choose at any election.
Any person who violates any of the foregoing provisions of this
section shall be guilty of a misdemeanor.
Political assessments. Any officer or employee of the state,
or of a political subdivision thereof who, directly or indirectly uses
his authority or official influence to compel or induce any other
officer or employee of the state or a political subdivision thereof, to
pay or promise to pay any political assessment shall be guilty of a
class A misdemeanor. Nothing herein shall be deemed to prohibit an
officer or employee of the state or political subdivision thereof from
making a voluntary contribution to a candidate or political committee.
Procuring fraudulent documents in order to vote. 1. Any
person who knowingly and wilfully procures from any court, judge, clerk
or other officer, any document with intent to enable himself or any
other person to register for or vote at any election when he or such
other person is not entitled to exercise the elective franchise; or
2. Any person who knowingly and wilfully presents to any election
officer for the purpose of having himself or any other person placed
upon any list or registry of voters or for the purpose of enabling
himself or any other person to vote at any election, any false document,
is guilty of a felony.
Judicial candidates not to contribute. No candidate for a
judicial office shall, directly or indirectly, make any contribution of
money or other thing of value, nor shall any contribution be solicited
of him; but a candidate for a judicial office may make such legal
expenditures, other than contributions, authorized by this chapter.
Political contributions by owners of polling places
prohibited. A person, who being the owner of premises contracted for or
used as a place of registration or as a polling place for any election
or official primary, who makes offers or promises to make a political
contribution to any party committee, candidate or person, or any person
who makes, promises or offers to make any such political contribution as
an inducement for the hiring of premises owned by him for use as a place
of registration or polling place for any election or official primary,
shall be guilty of a misdemeanor.
Penalty. Any person convicted of a misdemeanor under this
article shall for a first offense be punished by imprisonment for not
more than one year, or by a fine of not less than one hundred dollars
nor more than five hundred dollars, or by both such fine and
imprisonment. Any person who, having been convicted of a misdemeanor
under this article, shall thereafter be convicted of another misdemeanor
under this article, shall be guilty of a felony.
Crimes against the elective franchise not otherwise provided
for. Any person who knowingly and wilfully violates any provision of
this chapter, which violation is not specifically covered by any of the
previous sections of this article, is guilty of a misdemeanor.
Destroying or delaying election returns. A messenger
appointed by authority of law to receive and carry a report, certificate
or certified copy of any statement relating to the result of any
election, who wilfully mutilates, tears, defaces, obliterates or
destroys the same, or does any other act which prevents the delivery of
it as required by law; and a person who takes away from such messenger
any such report, certificate or certified copy, with intent to prevent
its delivery, or who wilfully does any injury or other act in this
section specified, is guilty of a felony.
TITLE 2 John R Lewis Voting Rights Act of New York
Legislative purpose and statement of public policy. In
recognition of the protections for the right to vote provided by the
constitution of the state of New York, which substantially exceed the
protections for the right to vote provided by the constitution of the
United States, and in conjunction with the constitutional guarantees of
equal protection, freedom of expression, and freedom of association
under the law and against the denial or abridgement of the voting rights
of members of a race, color, or language-minority group, it is the
public policy of the state of New York to:
1. Encourage participation in the elective franchise by all eligible
voters to the maximum extent; and
2. Ensure that eligible voters who are members of racial, color, and
language-minority groups shall have an equal opportunity to participate
in the political processes of the state of New York, and especially to
exercise the elective franchise.
Interpretation of laws related to the elective franchise. In
further recognition of the protections for the right to vote provided by
the constitution of the state of New York, all statutes, rules and
regulations, and local laws or ordinances related to the elective
franchise shall be construed liberally in favor of (a) protecting the
right of voters to have their ballot cast and counted; (b) ensuring that
eligible voters are not impaired in registering to vote, and (c)
ensuring voters of race, color, and language-minority groups have
equitable access to fully participate in the electoral process in
registering to vote and voting. The authority to prescribe or maintain
voting or elections policies and practices cannot be so exercised as to
unnecessarily deny or abridge the right to vote. Policies and practices
that burden the right to vote must be narrowly tailored to promote a
compelling policy justification that must be supported by substantial
evidence.
Definitions. For the purposes of this title:
1. "At-large" method of election means a method of electing members to
the governing body of a political subdivision: (a) in which all of the
voters of the entire political subdivision elect each of the members to
the governing body; (b) in which the candidates are required to reside
within given areas of the political subdivision and all of the voters of
the entire political subdivision elect each of the members to the
governing body; or (c) that combines at-large elections with
district-based elections, unless the only member of the governing body
of a political subdivision elected at-large holds exclusively executive
responsibilities. For the purposes of this title, at-large method of
election does not include ranked-choice voting, cumulative voting, and
limited voting.
2. "District-based" method of election means a method of electing
members to the governing body of a political subdivision using a
districting or redistricting plan in which each member of the governing
body resides within a district or ward that is a divisible part of the
political subdivision and is elected only by voters residing within that
district or ward, except for a member of the governing body that holds
exclusively executive responsibilities.
3. "Alternative" method of election means a method of electing members
to the governing body of a political subdivision using a method other
than at-large or district-based, including, but not limited to,
ranked-choice voting, cumulative voting, and limited voting.
4. "Political subdivision" means a geographic area of representation
created for the provision of government services, including, but not
limited to, a county, city, town, village, school district, or any other
district organized pursuant to state or local law.
5. "Protected class" means a class of individuals who are members of a
race, color, or language-minority group, including individuals who are
members of a minimum reporting category that has ever been officially
recognized by the United States census bureau.
5-a. "Language minorities" or "language-minority group" means persons
who are American Indian, Asian American, Alaskan Natives or of Spanish
heritage.
6. "Racially polarized voting" means voting in which there is a
divergence in the candidate, political preferences, or electoral choice
of members in a protected class from the candidates, or electoral choice
of the rest of the electorate.
7. "Federal voting rights act" means the federal Voting Rights Act of
1965, 52 U.S.C. § 10301 et seq., as amended.
8. The "civil rights bureau" means the civil rights bureau of the
office of the attorney general.
9. "Government enforcement action" means a denial of administrative or
judicial preclearance by the state or federal government, pending
litigation filed by a federal or state entity, a final judgment or
adjudication, a consent decree, or similar formal action.
Prohibitions on voter disenfranchisement. 1. Prohibition
against voter suppression. (a) No voting qualification, prerequisite to
voting, law, ordinance, standard, practice, procedure, regulation, or
policy shall be enacted or implemented by any board of elections or
political subdivision in a manner that results in a denial or
abridgement of the right of members of a protected class to vote.
(b) A violation of paragraph (a) of this subdivision shall be
established upon a showing that, based on the totality of the
circumstances, members of a protected class have less opportunity than
the rest of the electorate to elect candidates of their choice or
influence the outcome of elections.
2. Prohibition against vote dilution. (a) No board of elections or
political subdivision shall use any method of election, having the
effect of impairing the ability of members of a protected class to elect
candidates of their choice or influence the outcome of elections, as a
result of vote dilution.
(b) A violation of paragraph (a) of this subdivision shall be
established upon a showing that a political subdivision:
(i) used an at-large method of election and either: (A) voting
patterns of members of the protected class within the political
subdivision are racially polarized; or (B) under the totality of the
circumstances, the ability of members of the protected class to elect
candidates of their choice or influence the outcome of elections is
impaired; or
(ii) used a district-based or alternative method of election and that
candidates or electoral choices preferred by members of the protected
class would usually be defeated, and either: (A) voting patterns of
members of the protected class within the political subdivision are
racially polarized; or (B) under the totality of the circumstances, the
ability of members of the protected class to elect candidates of their
choice or influence the outcome of elections is impaired.
(c) For the purposes of demonstrating that a violation of paragraph
(a) of this subdivision has occurred, evidence shall be weighed and
considered as follows: (i) elections conducted prior to the filing of an
action pursuant to this subdivision are more probative than elections
conducted after the filing of the action; (ii) evidence concerning
elections for members of the governing body of the political subdivision
are more probative than evidence concerning other elections; (iii)
statistical evidence is more probative than non-statistical evidence;
(iv) where there is evidence that more than one protected class of
eligible voters are politically cohesive in the political subdivision,
members of each of those protected classes may be combined; (v) evidence
concerning the intent on the part of the voters, elected officials, or
the political subdivision to discriminate against a protected class is
not required; (vi) evidence that voting patterns and election outcomes
could be explained by factors other than racially polarized voting,
including but not limited to partisanship, shall not be considered;
(vii) evidence that sub-groups within a protected class have different
voting patterns shall not be considered; (viii) evidence concerning
whether members of a protected class are geographically compact or
concentrated shall not be considered, but may be a factor in determining
an appropriate remedy; and (ix) evidence concerning projected changes in
population or demographics shall not be considered, but may be a factor,
in determining an appropriate remedy.
3. In determining whether, under the totality of the circumstances, a
violation of subdivision one or two of this section has occurred,
factors that may be considered shall include, but not be limited to: (a)
the history of discrimination in or affecting the political subdivision;
(b) the extent to which members of the protected class have been elected
to office in the political subdivision; (c) the use of any voting
qualification, prerequisite to voting, law, ordinance, standard,
practice, procedure, regulation, or policy that may enhance the dilutive
effects of the election scheme; (d) denying eligible voters or
candidates who are members of the protected class to processes
determining which groups of candidates receive access to the ballot,
financial support, or other support in a given election; (e) the extent
to which members of the protected class contribute to political
campaigns at lower rates; (f) the extent to which members of a protected
class in the state or political subdivision vote at lower rates than
other members of the electorate; (g) the extent to which members of the
protected class are disadvantaged in areas including but not limited to
education, employment, health, criminal justice, housing, land use, or
environmental protection; (h) the extent to which members of the
protected class are disadvantaged in other areas which may hinder their
ability to participate effectively in the political process; (i) the use
of overt or subtle racial appeals in political campaigns; (j) a
significant lack of responsiveness on the part of elected officials to
the particularized needs of members of the protected class; and (k)
whether the political subdivision has a compelling policy justification
that is substantiated and supported by evidence for adopting or
maintaining the method of election or the voting qualification,
prerequisite to voting, law, ordinance, standard, practice, procedure,
regulation, or policy. Nothing in this subdivision shall preclude any
additional factors from being considered, nor shall any specified number
of factors be required in establishing that such a violation has
occurred.
4. Standing. Any aggrieved person, organization whose membership
includes aggrieved persons or members of a protected class, organization
whose mission, in whole or in part, is to ensure voting access and such
mission would be hindered by a violation of this section, or the
attorney general may file an action against a political subdivision
pursuant to this section in the supreme court of the county in which the
political subdivision is located.
5. Remedies. (a) Upon a finding of a violation of any provision of
this section, the court shall implement appropriate remedies to ensure
that voters of race, color, and language-minority groups have equitable
access to fully participate in the electoral process, which may include,
but shall not be limited to:
(i) a district-based method of election;
(ii) an alternative method of election;
(iii) new or revised districting or redistricting plans;
(iv) elimination of staggered elections so that all members of the
governing body are elected on the same date;
(v) reasonably increasing the size of the governing body;
(vi) moving the dates of regular elections to be concurrent with the
primary or general election dates for state, county, or city office as
established in section eight of article three or section eight of
article thirteen of the constitution, unless the budget in such
political subdivision is subject to direct voter approval pursuant to
part two of article five or article forty-one of the education law;
(vii) transferring authority for conducting the political
subdivision's elections to the board of elections for the county in
which the political subdivision is located;
(viii) additional voting hours or days;
(ix) additional polling locations;
(x) additional means of voting such as voting by mail;
(xi) ordering of special elections;
(xii) requiring expanded opportunities for voter registration;
(xiii) requiring additional voter education;
(xiv) modifying the election calendar;
(xv) the restoration or addition of persons to registration lists; or
(xvi) retaining jurisdiction for such period of time on a given matter
as the court may deem appropriate, during which no redistricting plan
shall be enforced unless and until the court finds that such plan does
not have the purpose of diluting the right to vote on the basis of
protected class membership, or in contravention of the voting guarantees
set forth in this title, except that the court's finding shall not bar a
subsequent action to enjoin enforcement of such redistricting plan.
(b) The court shall consider proposed remedies by any parties and
interested non-parties, but shall not provide deference or priority to a
proposed remedy offered by the political subdivision. The court shall
have the power to require a political subdivision to implement remedies
that are inconsistent with any other provision of law where such
inconsistent provision of law would preclude the court from ordering an
otherwise appropriate remedy in such matter.
6. Procedures for implementing new or revised districting or
redistricting plans. The governing body of a political subdivision with
the authority under this title and all applicable state and local laws
to enact and implement a new method of election that would replace the
political subdivision's at-large method of election with a
district-based or alternative method of election, or enact and implement
a new districting or redistricting plan, shall undertake each of the
steps enumerated in this subdivision, if proposed subsequent to receipt
of a NYVRA notification letter, as defined in subdivision seven of this
section, or the filing of a claim pursuant to this title or the federal
voting rights act.
(a) Before drawing a draft districting or redistricting plan or plans
of the proposed boundaries of the districts, the political subdivision
shall hold at least two public hearings over a period of no more than
thirty days, at which the public is invited to provide input regarding
the composition of the districts. Before these hearings, the political
subdivision may conduct outreach to the public, including to
non-English-speaking communities, to explain the districting or
redistricting process and to encourage public participation.
(b) After all draft districting or redistricting plans are drawn, the
political subdivision shall publish and make available for release at
least one draft districting or redistricting plan and, if members of the
governing body of the political subdivision would be elected in their
districts at different times to provide for staggered terms of office,
the potential sequence of such elections. The political subdivision
shall also hold at least two additional hearings over a period of no
more than forty-five days, at which the public shall be invited to
provide input regarding the content of the draft districting or
redistricting plan or plans and the proposed sequence of elections, if
applicable. The draft districting or redistricting plan or plans shall
be published at least seven days before consideration at a hearing. If
the draft districting or redistricting plan or plans are revised at or
following a hearing, the revised versions shall be published and made
available to the public for at least seven days before being adopted.
(c) In determining the final sequence of the district elections
conducted in a political subdivision in which members of the governing
body will be elected at different times to provide for staggered terms
of office, the governing body shall give special consideration to the
purposes of this title, and it shall take into account the preferences
expressed by members of the districts.
7. Notification requirement and safe harbor for judicial actions.
Before commencing a judicial action against a political subdivision
under this section, a prospective plaintiff shall send by certified mail
a written notice to the clerk of the political subdivision, or, if the
political subdivision does not have a clerk, the governing body of the
political subdivision, against which the action would be brought,
asserting that the political subdivision may be in violation of this
title. This written notice shall be referred to as a "NYVRA notification
letter" in this title. The NYVRA notification letter shall specify the
potential violation or violations alleged and shall contain a statement
of facts to support such allegation; provided, however, that failure to
so specify shall not be a basis for dismissal of such judicial action,
but may affect the calculation of reimbursement pursuant to paragraph
(e) of this subdivision. The prospective plaintiff shall also send by
first class mail or email a copy of the NYVRA notification letter to the
civil rights bureau. For actions against a school district or any other
political subdivision that holds elections governed by the education
law, the prospective plaintiff shall also send by certified mail a copy
of the NYVRA notification letter to the commissioner of education.
(a) A prospective plaintiff shall not commence a judicial action
against a political subdivision under this section within fifty days of
sending to the political subdivision a NYVRA notification letter.
(b) Before receiving a NYVRA notification letter, or within fifty days
of mailing of a NYVRA notification letter, the governing body of a
political subdivision may pass a resolution affirming: (i) the political
subdivision's intention to enact and implement a remedy for a potential
violation of this title; (ii) specific steps the political subdivision
will undertake to facilitate approval and implementation of such a
remedy; and (iii) a schedule for enacting and implementing such a
remedy. Such a resolution shall be referred to as a "NYVRA resolution"
in this title. If a political subdivision passes a NYVRA resolution,
such political subdivision shall have ninety days after such passage to
enact and implement such remedy, during which a prospective plaintiff
shall not commence an action to enforce this section against the
political subdivision. For actions against a school district, the
commissioner of education may order the enactment of a NYVRA resolution
pursuant to the commissioner's authority under section three hundred
five of the education law. Within seven days of passing a NYVRA
resolution, the political subdivision shall send by first class mail or
email a copy of the resolution to the civil rights bureau.
(c) If the governing body of a political subdivision lacks the
authority under this title or applicable state law or local laws to
enact or implement a remedy identified in a NYVRA resolution, or fails
to enact or implement a remedy identified in a NYVRA resolution, within
ninety days after the passage of the NYVRA resolution, or if the
political subdivision is a covered entity as defined under section
17-210 of this title, the governing body of the political subdivision
shall undertake the steps enumerated in the following provisions:
(i) The governing body of the political subdivision may approve a
proposed remedy that complies with this title and submit such a proposed
remedy to the civil rights bureau no later than one hundred twenty days
after the passage of the NYVRA resolution. Such a submission shall be
referred to as a "NYVRA proposal" in this title.
(ii) Prior to passing a NYVRA proposal, the political subdivision
shall hold at least one public hearing, at which the public shall be
invited to provide input regarding the NYVRA proposal. Before this
hearing, the political subdivision may conduct outreach to the public,
including to non-English-speaking communities, to encourage public
participation.
(iii) Within sixty days of receipt of a NYVRA proposal, the civil
rights bureau shall grant or deny approval of the NYVRA proposal. The
civil rights bureau may invoke an extension of up to twenty days to
review the proposal.
(iv) The civil rights bureau shall only grant approval to the NYVRA
proposal if it concludes that: (A) the political subdivision may be in
violation of this title; (B) the NYVRA proposal would remedy any
potential violation of this title cited in the NYVRA notification letter
and would not give rise to any other violation of this title; (C) the
NYVRA proposal is unlikely to violate the constitution or any relevant
federal law; and (D) implementation of the NYVRA proposal is feasible.
(v) If the civil rights bureau grants approval, the NYVRA proposal
shall be enacted and implemented immediately, notwithstanding any other
provision of law, including any other state or local law.
(vi) If the political subdivision is a covered entity as defined under
section 17-210 of this title, the political subdivision shall not be
required to obtain preclearance for the NYVRA proposal pursuant to such
section upon approval of the NYVRA proposal by the civil rights bureau.
(vii) If the civil rights bureau denies approval, the NYVRA proposal
shall not be enacted or implemented. The civil rights bureau shall
explain the basis for such denial and may, in its discretion, make
recommendations for an alternative remedy for which it would grant
approval.
(viii) If the civil rights bureau does not respond, the NYVRA proposal
shall not be enacted or implemented.
(d) A political subdivision that has passed a NYVRA resolution may
enter into an agreement with the prospective plaintiff providing that
such prospective plaintiff shall not commence an action pursuant to this
section against the political subdivision for an additional ninety days.
Such agreement shall include a requirement that either the political
subdivision shall enact and implement a remedy that complies with this
title or the political subdivision shall pass a NYVRA proposal and
submit it to the civil rights bureau.
(e) If, pursuant to a process commenced by a NYVRA notification
letter, a political subdivision enacts or implements a remedy or the
civil rights bureau grants approval to a NYVRA proposal, a prospective
plaintiff who sent the NYVRA notification letter may, within thirty days
of the enactment or implementation of the remedy or approval of the
NYVRA proposal, demand reimbursement for the cost of the work product
generated to support the NYVRA notification letter. A prospective
plaintiff shall make the demand in writing and shall substantiate the
demand with financial documentation, such as a detailed invoice for
demography services or for the analysis of voting patterns in the
political subdivision. A political subdivision may request additional
documentation if the provided documentation is insufficient to
corroborate the claimed costs. A political subdivision shall reimburse a
prospective plaintiff for reasonable costs claimed, or in an amount to
which the parties mutually agree. The cumulative amount of
reimbursements to all prospective plaintiffs, except for actions brought
by the attorney general, shall not exceed forty-three thousand dollars,
as adjusted annually to the consumer price index for all urban
consumers, United States city average, as published by the United States
department of labor. To the extent a prospective plaintiff who sent the
NYVRA notification letter and a political subdivision are unable to come
to a mutual agreement, either party may file a declaratory judgment
action to obtain a clarification of rights.
(f) Notwithstanding the provisions of this subdivision, in the event
that the first day for designating petitions for a political
subdivision's next regular election to select members of its governing
board has begun or is scheduled to begin within thirty days, or in the
event that a political subdivision is scheduled to conduct any election
within one hundred twenty days, a plaintiff alleging any violation of
this title may commence a judicial action against a political
subdivision under this section, provided that the relief sought by such
a plaintiff includes preliminary relief for that election. Prior to or
concurrent with commencing such a judicial action, any such plaintiff
shall also submit a NYVRA notification letter to the political
subdivision. In the event that a judicial action commenced under this
provision is withdrawn or dismissed for mootness because the political
subdivision has enacted or implemented a remedy or the civil rights
bureau has granted approval of a NYVRA proposal pursuant to a process
commenced by a NYVRA notification letter, any such plaintiff may only
demand reimbursement pursuant to this subdivision.
8. Coalition claims permitted. Members of different protected classes
may file an action jointly pursuant to this title in the event that they
demonstrate that the combined voting preferences of the multiple
protected classes are polarized against the rest of the electorate.
Assistance for language-minority groups. 1. Political
subdivisions required to provide language assistance. A board of
elections or a political subdivision that administers elections shall
provide language-related assistance in voting and elections to a
language-minority group in a political subdivision if, based on data
from the American community survey, or data of comparable quality
collected by a public office, that:
(a) more than two percent, but in no instance fewer than three hundred
individuals, of the citizens of voting age of a political subdivision
are members of a single language-minority group and are limited English
proficient.
(b) more than four thousand of the citizens of voting age of such
political subdivision are members of a single language-minority group
and are limited English proficient.
(c) in the case of a political subdivision that contains all or any
part of a Native American reservation, more than two percent of the
Native American citizens of voting age within the Native American
reservation are members of a single language-minority group and are
limited English proficient. For the purposes of this paragraph, "Native
American" is defined to include any persons recognized by the United
States census bureau or New York as "American Indian" or "Alaska
Native".
2. Language assistance to be provided. A board of elections or
political subdivision required to provide language assistance to a
particular language-minority group pursuant to this section shall
provide voting materials in the covered language of an equal quality of
the corresponding English language materials, including registration or
voting notices, forms, instructions, assistance, or other materials or
information relating to the electoral process, including ballots. Any
registration or voting notices, forms, instructions, assistance, or
other materials or information relating to the electoral process,
including ballots, in a covered political subdivision, shall be provided
in the language of the applicable language-minority group as well as in
the English language, provided that where the language of the applicable
language-minority group is historically oral or unwritten, the board of
elections or political subdivision shall only be required to furnish
oral instructions, assistance, or other information relating to
registration and voting.
3. Action for declaratory judgment for English-only voting materials.
A board of elections or political subdivision subject to the
requirements of this section which seeks to provide English-only
materials may file an action against the state for a declaratory
judgment permitting such provision. The court shall grant the requested
relief if it finds that the determination was unreasonable or an abuse
of discretion.
4. Standing. Any aggrieved persons, organization whose membership
includes aggrieved persons or members of a protected class, organization
whose mission, in whole or in part, is to ensure voting access and such
mission would be hindered by a violation of this section, or the
attorney general may file an action pursuant to this section in the
supreme court of the county in which the alleged violation of this
section occurred.
5. This section shall not apply to special districts as defined by
section one hundred two of the real property tax law.
Preclearance. 1. Preclearance. To ensure that the right to
vote is not denied or abridged on account of race, color, or
language-minority group, the enactment or implementation of a covered
policy by a covered entity, as defined in subdivisions two and three of
this section respectively, shall be subject to preclearance by the civil
rights bureau or by a designated court as set forth in this section.
2. Covered policies. A "covered policy" shall include any new or
modified voting qualification, prerequisite to voting, law, ordinance,
standard, practice, procedure, regulation, or policy concerning any of
the following topics:
(a) Method of election;
(b) Form of government;
(c) Annexation of a political subdivision;
(d) Incorporation of a political subdivision;
(e) Consolidation or division of political subdivisions;
(f) Removal of voters from enrollment lists or other list maintenance
activities;
(g) Number, location, or hours of any election day or early voting
poll site;
(h) Dates of elections and the election calendar, except with respect
to special elections;
(i) Registration of voters;
(j) Assignment of election districts to election day or early voting
poll sites;
(k) Assistance offered to members of a language-minority group; and
(l) Any additional topics designated by the civil rights bureau
pursuant to a rule promulgated under the state administrative procedure
act, upon a determination by the civil rights bureau that a new or
modified voting qualification, prerequisite to voting, law, ordinance,
standard, practice, procedure, regulation, or policy concerning such
topics may have the effect of denying or abridging the right to vote on
account of race, color, or language-minority group.
3. Covered entity. A "covered entity" shall include: (a) any political
subdivision which, within the previous twenty-five years, has become
subject to a court order or government enforcement action based upon a
finding of any violation of this title, the federal voting rights act,
the fifteenth amendment to the United States constitution, or a
voting-related violation of the fourteenth amendment to the United
States constitution; (b) any political subdivision which, within the
previous twenty-five years, has become subject to at least three court
orders or government enforcement actions based upon a finding of any
violation of any state or federal civil rights law or the fourteenth
amendment to the United States constitution concerning discrimination
against members of a protected class; (c) any county in which, based on
data provided by the division of criminal justice services, the combined
misdemeanor and felony arrest rate of voting age members of any
protected class consisting of at least ten thousand citizens of voting
age or whose members comprise at least ten percent of the citizen voting
age population of the county, exceeds the proportion that the protected
class constitutes of the citizen voting age population of the county as
a whole by at least twenty percentage points at any point within the
previous ten years; (d) any political subdivision in which, based on
data made available by the United States census, the dissimilarity index
of any protected class consisting of at least twenty-five thousand
citizens of voting age or whose members comprise at least ten percent of
the citizen voting age population of the political subdivision, is in
excess of fifty with respect to non-Hispanic white individuals within
the political subdivision at any point within the previous ten years;
(e) any political subdivision in which a board of elections has been
established, if such political subdivision contains a covered entity
fully within its borders; or (f) any board of elections that has been
established in a political subdivision that is a covered entity pursuant
to paragraph (a), (b), (c), (d) or (e) of this subdivision.
4. Preclearance by the attorney general. A covered entity may obtain
preclearance for a covered policy from the civil rights bureau pursuant
to the following process:
(a) The covered entity shall submit the covered policy in writing to
the civil rights bureau. If the covered entity is a county or city board
of elections, it shall contemporaneously provide a copy of the covered
policy to the state board of elections.
(b) Upon submission of a covered policy for preclearance, as soon as
practicable but no later than within ten days, the civil rights bureau
shall publish the submission on its website.
(c) After publication of a submission, there shall be an opportunity
for members of the public to comment on the submission to the civil
rights bureau within the time periods set forth below. To facilitate
public comment, the civil rights bureau shall provide an opportunity for
members of the public to sign up to receive notifications or alerts
regarding submission of a covered policy for preclearance.
(d) Upon submission of a covered policy for preclearance, the civil
rights bureau shall review the covered policy, and any public comment,
and shall, within the time periods set forth below, provide a report and
determination as to whether, under this title, preclearance should be
granted or denied to the covered policy. Such time period shall run
concurrent with the time periods for public comment. The civil rights
bureau shall not make such determination until the period for public
comment is closed. The civil rights bureau may request additional
information from a covered entity at any time during its review to aid
in developing its report and recommendation. The failure to timely
comply with reasonable requests for more information may be grounds for
the denial of preclearance. The civil rights bureau's reports and
determination shall be posted publicly on its website.
(e) In any determination as to preclearance, the civil rights bureau
shall identify in writing whether it is approving or rejecting the
covered policy; provided, however, that the civil rights bureau may, in
its discretion, designate preclearance as "preliminary" in which case
the civil rights bureau may deny preclearance within sixty days
following the receipt of submission of the covered policy.
(i) The civil rights bureau shall grant preclearance only if it
determines that the covered policy will not diminish the ability of
protected class members to participate in the political process and to
elect their preferred candidates to office. If the civil rights bureau
grants preclearance, the covered entity may enact or implement the
covered policy immediately.
(ii) If the civil rights bureau denies preclearance, the civil rights
bureau shall interpose objections explaining its basis and the covered
policy shall not be enacted or implemented.
(iii) If the civil rights bureau fails to respond within the required
time frame as established in this section, the covered policy shall be
deemed precleared and the covered entity may enact or implement such
covered policy.
(f) The time periods for public comment, civil rights bureau review,
and the determination of the civil rights bureau to grant or deny
preclearance on submission shall be as follows:
(i) For any covered policy concerning the designation or selection of
poll sites or the assignment of election districts to poll sites,
whether for election day or early voting, the period for public comment
shall be five business days. The civil rights bureau shall review the
covered policy, including any public comment, and make a determination
to deny or grant preclearance for such covered policy within fifteen
days following the receipt of such covered policy.
(ii) The civil rights bureau may invoke an extension of up to twenty
days to make a determination pursuant to this paragraph, if the civil
rights bureau determines that good cause exists for such extension.
(iii) For any other covered policy, the period for public comment
shall be ten business days. The civil rights bureau shall review the
covered policy, including any public comment, within fifty-five days
following the receipt of such covered policy and make a determination to
deny or grant preclearance for such covered policy. The civil rights
bureau may invoke up to two extensions of ninety days each.
(iv) The civil rights bureau is hereby authorized to promulgate rules
for an expedited, emergency preclearance process in the event of a
covered policy occurring during or imminently preceding an election as a
result of any disaster within the meaning of section 3-108 of this
chapter or other exigent circumstances. Any preclearance granted under
this provision shall be designated "preliminary" and the civil rights
bureau may deny preclearance within sixty days following receipt of the
covered policy.
(g) Appeal of any denial by the civil rights bureau may be heard in
the supreme court for the county of New York or the county of Albany in
a proceeding commenced against the civil rights bureau, pursuant to
article seventy-eight of the civil practice law and rules, from which
appeal may be taken according to the ordinary rules of appellate
procedure. Due to the frequency and urgency of elections, actions
brought pursuant to this section shall be subject to expedited pretrial
and trial proceedings and receive an automatic calendar preference on
appeal.
5. Preclearance by a designated court. A covered entity may obtain
preclearance for a covered policy from a court pursuant to the following
process:
(a) The covered entity shall submit the covered policy in writing to
the following designated court in the judicial department within which
the covered entity is located: (i) first judicial department: New York
county; (ii) second judicial department: Westchester county; (iii) third
judicial department: Albany county; and (iv) fourth judicial department:
Erie county. If the covered entity is a county or city board of
elections, it shall contemporaneously provide a copy of the covered
policy to the state board of elections.
(b) The covered entity shall contemporaneously provide a copy of the
covered policy to the civil rights bureau. The failure of the covered
entity to provide a copy of the covered policy to the civil rights
bureau will result in an automatic denial of preclearance.
(c) The court shall grant or deny preclearance within sixty days
following the receipt of submission of the covered policy.
(d) The court shall grant preclearance only if it determines that the
covered policy will not diminish the ability of protected class members
to participate in the political process and to elect their preferred
candidates to office. If the court grants preclearance, the covered
entity may enact or implement the covered policy immediately.
(e) If the court denies preclearance, or fails to respond within sixty
days, the covered policy shall not be enacted or implemented.
(f) Appeal of any denial may be taken according to the ordinary rules
of appellate procedure. Due to the frequency and urgency of elections,
actions brought pursuant to this section shall be subject to expedited
pretrial and trial proceedings and receive an automatic calendar
preference on appeal.
6. Failure to seek or obtain preclearance. If any covered entity
enacts or implements a covered policy without seeking preclearance
pursuant to this section, or enacts or implements a covered policy
notwithstanding the denial of preclearance, either the civil rights
bureau or any other party with standing to bring an action under this
title may bring an action to enjoin the covered policy and to seek
sanctions against the political subdivision and officials in violation.
7. Notification. (a) Any political subdivision that becomes subject to
a court order or government enforcement action as provided in paragraph
(a) or (b) of subdivision three of this section shall notify the civil
rights bureau within thirty days of the issuance of such order or
enforcement action.
(b) Any political subdivision that becomes involved in litigation
concerning voting shall notify the civil rights bureau within thirty
days of the commencement of such litigation.
(c) No more than thirty days after publication of a list of covered
entities by the civil rights bureau, each covered entity included in
such list shall notify the civil rights bureau of the name, email
address, and telephone number of an individual with the authority to
submit covered policies for preclearance on behalf of the covered
entity. Each such covered entity shall notify the civil rights bureau
within thirty days of any material change to the information required
pursuant to this paragraph.
Prohibition against voter intimidation, deception or
obstruction. 1. (a) No person, whether acting under color of law or
otherwise, may engage in acts of intimidation, deception, or obstruction
that affects the right of voters to access the elective franchise.
(b) A violation of paragraph (a) of this subdivision shall be
established if:
(i) a person uses or threatens to use any force, violence, restraint,
abduction or duress, or inflicts or threatens to inflict any injury,
damage, harm or loss, or in any other manner practices intimidation that
causes or will reasonably have the effect of causing any person to vote
or refrain from voting in general or for or against any particular
person or for or against any proposition submitted to voters at such
election; to place or refrain from placing their name upon a registry of
voters; or to request or refrain from requesting an early mail or
absentee ballot; or
(ii) a person knowingly uses any deceptive or fraudulent device,
contrivance or communication that (A) pertains to: (1) the time, place,
or manner of any election; (2) the qualifications or restrictions on
voter eligibility for such election; (3) any voter's eligibility to vote
in any election; (4) the consequences for voting or failing to vote in
any election; or (5) a statement of endorsement by any specifically
named person, political party, or organization; and (B) impedes,
prevents or otherwise interferes with the free exercise of the elective
franchise by any person, or causes or will reasonably have the effect of
causing any person to vote or refrain from voting in general or for or
against any particular person or for or against any proposition
submitted to voters at such election; to place or refrain from placing
their name upon a registry of voters; or to request or refrain from
requesting an early mail or absentee ballot; or
(iii) a person obstructs, impedes, or otherwise interferes with access
to any polling place or elections office, or obstructs, impedes, or
otherwise interferes with any voter in any manner that causes or will
reasonably have the effect of causing any delay in voting or the voting
process, including the canvassing and tabulation of ballots.
2. Standing. Any aggrieved persons, organization whose membership
includes aggrieved persons or members of a protected class, organization
whose mission, in whole or in part, is to ensure voting access and such
mission would be hindered by a violation of this section, or the
attorney general may file an action pursuant to this section in the
supreme court of the county in which the alleged violation of this
section occurred.
3. Remedies. Upon a finding of a violation of any provision of this
section, the court shall implement appropriate remedies that are
tailored to remedy the violation, including but not limited to providing
for additional time to cast a ballot that may be counted in the election
at issue. Any party who shall violate any of the provisions of the
foregoing section or who shall aid the violation of any of said
provisions shall be liable to any prevailing plaintiff party for
damages, including nominal damages for any violation, and compensatory
or punitive damages for any intentional violation.
Enforcement. 1. Enforcement by the attorney general. If the
civil rights bureau concludes that a submission by a political
subdivision or any other party is insufficient to complete its review,
the civil rights bureau may request that the party provide additional
information, and the time periods for review provided in this title
shall recommence upon receipt of such information. If such information
is not provided, such time periods for review shall not apply.
2. Authority to issue subpoenas. In any action or investigation to
enforce any provision of this title, the attorney general shall have the
authority to take proof and determine relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.
3. Preclearance. Covered entities shall provide information relevant
to preclearance to the civil rights bureau upon request.
Expedited judicial proceedings and preliminary relief.
Because of the frequency of elections, the severe consequences and
irreparable harm of holding elections under unlawful conditions, and the
expenditure to defend potentially unlawful conditions that benefit
incumbent officials, actions brought pursuant to this title shall be
subject to expedited pretrial and trial proceedings and receive an
automatic calendar preference. In any action alleging a violation of
this title in which a plaintiff party seeks preliminary relief with
respect to an upcoming election, the court shall grant relief if it
determines that: (a) plaintiffs are more likely than not to succeed on
the merits; and (b) it is possible to implement an appropriate remedy
that would resolve the alleged violation in the upcoming election.
Attorneys' fees. In any action to enforce any provision of
this title, the court shall allow the prevailing plaintiff party, other
than the state or political subdivision thereof, a reasonable attorneys'
fee, litigation expenses including, but not limited to, expert witness
fees and expenses as part of the costs. A plaintiff will be deemed to
have prevailed when, as a result of litigation, the defendant party
yields much or all of the relief sought in the suit. Prevailing
defendant parties shall not recover any costs, unless the court finds
the action to be frivolous, unreasonable, or without foundation.
Rules and regulations. The civil rights bureau may
promulgate such rules and regulations as may be necessary to effectuate
the purposes of this title.
Applicability. The provisions of this title shall apply to
all elections for any elected office or electoral choice within the
state or any political subdivision. The provisions of this title shall
apply notwithstanding any other provision of law, including any other
state law or local law; provided, however, that school districts and
libraries shall continue to conduct their elections under the education
law, subject to and not inconsistent with the provisions of this title,
to ensure voters of race, color, and language-minority groups have
equitable access to fully participate in the electoral process.
Severability. If any provision of this title or its
application to any person, political subdivision, or circumstance is
held invalid, the invalidity shall not affect other provisions or
applications of this title which can be given effect without the invalid
provision or application, and to this end the provisions of this title
are severable.