NY-ELN Election Law NY

Contents

ARTICLE 1 General Provisions

§ 1-100 — Short title

Section 1-100. Short title. This chapter shall be known as the

"Election Law".

§ 1-102 — Applicability of chapter

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.

§ 1-104 — Definitions

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.

§ 1-106 — Filing of papers; when received

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.

§ 1-108 — Expenses related to local mandatory and permissive referendum

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

§ 2-100 — Party committees; provision for

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.

§ 2-102 — State committee; creation

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.

§ 2-104 — County committee; creation

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.

§ 2-106 — State and county committees; election of members

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.

§ 2-108 — State and county committees; new party

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.

§ 2-110 — Committees other than state and county; creation

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.

§ 2-112 — Committees; organization

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.

§ 2-114 — Committees; rules of

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.

§ 2-116 — Committee; removal of member

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.

§ 2-118 — Committees; vacancies, how filled and effect of change of boundaries

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.

§ 2-120 — Party positions; to be filled at primary election, time for filing statement as to

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.

§ 2-122 — National party conventions; delegates, election

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.

§ 2-124 — Party names and emblems; provision for

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

§ 3-100 — New York state board of elections; membership; organization

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.

§ 3-102 — State board of elections; general powers and duties

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.

§ 3-103 — Computerized record keeping; sharing information in database

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.

§ 3-104 — State board of elections; enforcement powers

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.

§ 3-104-a — Compliance unit; compliance procedures

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.

§ 3-105 — Administrative complaint procedure

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.

§ 3-106 — Fair campaign code

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.

§ 3-107 — Powers and duties of the state board of elections respecting elections and crimes against the elective franchise

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.

§ 3-108 — Disaster; additional day for voting

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.

§ 3-110 — Time allowed employees to vote

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.

§ 3-112 — State board of elections; uniform standards for processing data requests and duty to send data and information to statewide database

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

§ 3-200 — Boards of elections; creation, qualifications of commissioners, removal

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.

§ 3-202 — Election commissioners; term of office

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.

§ 3-204 — Election commissioners; appointment

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.

§ 3-208 — Election commissioners; salaries

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.

§ 3-210 — Election commissioners; certificate of appointment, filing of

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.

§ 3-212 — Boards of elections; organization, proceedings, reports and records

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.

§ 3-214 — Board of elections; general office and branches, hours

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.

§ 3-216 — Boards of elections; assistance to, records to be furnished it

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.

§ 3-218 — Subpoenas; power to issue by boards of elections

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.

§ 3-220 — Records and photostats; preservation and sale

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.

§ 3-222 — Preservation of ballots and records of voting machines

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.

§ 3-224 — Voting machines; use of by other than the board of elections

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.

§ 3-226 — Boards of elections; ownership, care, custody and control of voting machines

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

§ 3-300 — Board employees; appointment

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.

§ 3-302 — Voting machine technicians and custodians; appointment, duties

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.

§ 3-304 — Board employees; conflicts of interest

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

§ 3-400 — Election inspectors and poll clerks; provision for

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.

§ 3-401 — Election coordinators; provision for

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.

§ 3-402 — Election inspectors and poll clerks; authority

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.

§ 3-404 — Election inspectors and poll clerks; designation

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.

§ 3-406 — Election inspectors and poll clerks; additional

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.

§ 3-410 — Election inspectors and poll clerks; certification

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.

§ 3-412 — Election inspectors and poll clerks; training

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.

§ 3-414 — Election inspectors and poll clerks; oath of office, certificate of appointment

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.

§ 3-416 — Election inspectors, poll clerks and election coordinators; removal

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.

§ 3-418 — Election inspectors and poll clerks; emergency provisions for filling vacancies or absences

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.

§ 3-420 — Election inspectors, poll clerks and election coordinators; compensation

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

§ 3-500 — Alternative poll site staffing plan

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).

§ 3-502 — Nassau county; board of elections, special provisions

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.

§ 3-504 — Suffolk county; board of elections, special provisions

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.

§ 3-506 — Boards of elections; voting materials in Russian

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

§ 4-100 — Election districts; creation and alteration

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.

§ 4-102 — Maps; congressional, senatorial, assembly and election districts

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.

§ 4-104 — Registration and polling places; designation of

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.

§ 4-106 — Certification of offices to be filled at general or special elections; state board of elections, county, city, village and town clerks

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.

§ 4-108 — Certification of proposed constitutional amendments and questions

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.

§ 4-110 — Certification of primary election candidates; state board of elections

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.

§ 4-112 — Certification of nominations; state board of elections

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.

§ 4-114 — Determination of candidates and questions; county board 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.

§ 4-116 — Constitutional amendments and questions; publication of by state board of elections and secretary of state

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.

§ 4-117 — Check of registrants and information notice by mail

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.

§ 4-118 — Notice of primary election; publication of by board of elections

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.

§ 4-119 — Publication of list of places for registration

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.

§ 4-120 — Notices of general, village and special elections; publication of

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.

§ 4-122 — Lists of nomination; publication of by board of elections

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.

§ 4-123 — Publication of candidate websites

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."

§ 4-124 — City of New York; publications within made necessary by this law

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.

§ 4-126 — Delivery of election laws to clerks, boards and election officers

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.

§ 4-128 — Supplies; furnished by board of elections or city, town or village clerk

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.

§ 4-130 — Supplies for registration; manner and time of delivery

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.

§ 4-132 — Polling places; equipment for

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.

§ 4-134 — Preparation and delivery of ballots, supplies and equipment for use at elections

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.

§ 4-136 — Election expenses; payment of

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.

§ 4-138 — Expenses of boards of elections outside New York City; apportionment of

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

§ 5-100 — Registration; required

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.

§ 5-102 — Qualifications of voters; age and residence

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.

§ 5-104 — Qualifications of voters; residence, gaining or losing

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.

§ 5-106 — Qualifications of voters; reasons for exclusion

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

§ 5-202 — Local registration; provision for

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.

§ 5-204 — Local registration; general provisions for the conduct of

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.

§ 5-206 — Watchers

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.

§ 5-208 — Transfer of registration and enrollment

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.

§ 5-210 — Registration and enrollment and change of enrollment upon application

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.

§ 5-211 — Agency assisted registration

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.

§ 5-212 — Motor vehicle registration

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.

§ 5-213 — Inactive status

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.

§ 5-214 — Registration cards for identification

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.

§ 5-215 — Veterans' absentee registration

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.

§ 5-216 — Registration; assistance to applicant

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.

§ 5-218 — Registration; challenges

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.

§ 5-220 — Registration; challenge after registered

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.

§ 5-222 — Statement of temporary absence

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.

§ 5-224 — Registration of voters unlawfully denied the right to register

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.

§ 5-226 — Registration; voter registered in wrong district

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.

§ 5-228 — Registration; certificates of local registration

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.

§ 5-230 — Local registration; disposition of records and supplies

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

§ 5-300 — Enrollment; generally

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.

§ 5-302 — Enrollment; completion

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.

§ 5-304 — Enrollment; change of enrollment or new enrollment by previously registered voters

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.

§ 5-306 — Enrollment; correction of

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.

§ 5-308 — Enrollment; automatic voter registration

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.

§ 5-310 — Enrollment; forms of affidavits, mailing requirements

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

§ 5-400 — Cancellation of registration; generally

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.

§ 5-402 — Cancellation of registration; generally, notice to voter

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.

§ 5-403 — Rejection of ballot of unqualified voter; notice of action by board

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.

§ 5-404 — Cancellation of registration; cancellation of record

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

§ 5-500 — Registration records; form and content

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.

§ 5-502 — Registration records; supplies and equipment

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.

§ 5-504 — Optional discontinuation of central file registration records

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.

§ 5-506 — Optional use of computer registration lists

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.

§ 5-507 — Voter pre-registration and education on voter pre-registration

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.

§ 5-508 — Confidentiality of registration records in certain cases

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

§ 5-600 — Registration records; filing of

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.

§ 5-601 — Registration records; physically disabled voters

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.

§ 5-602 — Lists of registered voters; publication of

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.

§ 5-604 — Enrollment lists; publication of

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.

§ 5-606 — Lists; certification of

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.

§ 5-608 — Replacement of registration and enrollment records; damaged, unusable or lost

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.

§ 5-610 — Registration records; new election district

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.

§ 5-612 — Registration records; use by town or village clerks and for school district, improvement district and fire district elections

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.

§ 5-614 — Statewide voter registration list

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

§ 5-700 — Checks on registration

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.

§ 5-702 — Voters' check cards; investigation

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.

§ 5-704 — Notification to jurisdiction of prior registration

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.

§ 5-708 — Change of voter status; reports of

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.

§ 5-710 — Check of registrants; personal

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.

§ 5-712 — Confirmation notices

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

§ 5-800 — Electronic voter registration transmittal system

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.

§ 5-802 — Online voter registration application

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.

§ 5-804 — Failure to provide exemplar signature not to prevent registration

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

§ 5-900 — Integrated personal voter registration application required

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.

§ 5-902 — Failure to receive exemplar signature not to prevent 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.

§ 5-904 — Presumption of innocent authorized error

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.

§ 5-906 — Forms

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

§ 5-1000 — Joining a multistate voter list maintenance organization

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.

§ 5-1001 — Designating a member representative

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.

§ 5-1002 — Authorization to share registration records with multistate voter list maintenance organization

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.

§ 5-1003 — Use of information from a multistate voter list maintenance organization

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.

§ 5-1004 — Withdrawal from a multistate voter list maintenance organization

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

§ 6-100 — Nominations and designations; generally

Nominations and designations; generally. Nomination and

designation of candidates for election to public office or party

position are governed by this article.

§ 6-102 — Party nominations; electors, presidential

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.

§ 6-104 — Party designation; statewide office

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.

§ 6-106 — Party nominations; justice of the supreme court

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.

§ 6-108 — Party nominations; towns

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.

§ 6-110 — Party nominations; public office

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.

§ 6-114 — Party nominations; special 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.

§ 6-116 — Party nominations; election to fill a vacancy

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.

§ 6-118 — Designation and nomination by petition

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.

§ 6-120 — Designation and nomination; restrictions

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.

§ 6-122 — Designation or nomination; eligibility, restrictions

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.

§ 6-124 — Conventions; judicial

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.

§ 6-126 — Conventions; rules for holding

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.

§ 6-128 — New party; first nominations by

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.

§ 6-130 — Designating petition; signer information

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.

§ 6-132 — Designating petition; form

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.

§ 6-134 — Designating petition; rules

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.

§ 6-136 — Designating petitions; number of signatures

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.

§ 6-138 — Independent nominations; rules

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.

§ 6-140 — Independent nominations; form of petition

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.

§ 6-142 — Independent nominations; number of signatures

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.

§ 6-144 — Nominating and designating petitions and certificates; place for filing

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.

§ 6-146 — Nomination and designation; declination or acceptance

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.

§ 6-147 — Multiple designations of a candidate for a party position

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.

§ 6-148 — Nomination and designation; filling vacancies

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.

§ 6-150 — Nomination; vacancy caused by death or disqualification, unfilled at time of general or special election

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.

§ 6-152 — Vacancies caused by death or disqualification and unfilled at time of primary 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.

§ 6-153 — Certificate of candidacy by write-in candidates for president and vice president

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.

§ 6-154 — Nominations and designations; objections to

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.

§ 6-156 — Party nominations; certification

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.

§ 6-158 — Nominating and designating petitions and certificates, conventions; times for filing and holding

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.

§ 6-160 — Primaries

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.

§ 6-162 — Primary; New York City, run-off

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.

§ 6-164 — Primary, uncontested; opportunity to ballot

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.

§ 6-166 — Primary; opportunity to ballot, form of petition

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.

§ 6-168 — Designating petitions; candidates for the office of judge of the civil court of the city of New York

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

§ 7-100 — Ballots; provision for

Ballots; provision for. Ballots shall be provided for every

election at which public or party officers are to be nominated or

elected.

§ 7-102 — Ballot; placing names and ballot proposals thereon

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.

§ 7-104 — Ballots; form of

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.

§ 7-105 — Ballot accountability

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.

§ 7-106 — Ballots; form of, for ballot scanners, general, primary, or special elections; additional requirements

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.)

§ 7-110 — Ballots; form for ballot proposals; additional requirements

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.

§ 7-114 — Ballots; form for primary election; additional requirements

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.

§ 7-116 — Ballots; order of names on

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.

§ 7-118 — Ballots; facsimile and sample

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.

§ 7-119 — Ballots; early mail voters

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".

§ 7-120 — Ballots; emergency use, to be furnished

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.

§ 7-121 — Ballots which are counted by machine

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.

§ 7-122 — Ballots; absentee voters

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".

§ 7-123 — Ballots; military voters

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.

§ 7-124 — Ballots; special federal voters

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.

§ 7-125 — Ballots; special presidential voters

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".

§ 7-126 — Ballots; pasters, or stickers, use of

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.

§ 7-128 — Ballots; inspection of

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.

§ 7-130 — Ballots; examination by voters and instruction in use of voting machines

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

§ 7-200 — Adoption and use of voting machine or system

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.

§ 7-201 — Voting machines and systems; examination of

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.

§ 7-202 — Voting machine or system; requirements of

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.

§ 7-203 — Voting machines; requirement of use

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.

§ 7-204 — Contracts for purchase of voting machines or systems

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.

§ 7-205 — Voting machines; use of at primaries

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.

§ 7-206 — Testing of voting and ballot counting machines

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.

§ 7-207 — Voting and ballot counting machines; preparation of, party representatives

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.

§ 7-208 — Escrow requirements

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.

§ 7-209 — Elimination of punch card ballots

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

§ 8-100 — Elections; dates of and hours for voting

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.

§ 8-102 — Polls; opening of

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.

§ 8-104 — Polls

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.

§ 8-106 — Polling places; attendance for educational purposes

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.

§ 8-108 — Change of polling place

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

§ 8-202 — Board of inspectors; conduct of

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

§ 8-300 — Voting; manner of

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.

§ 8-302 — Voting; verification of registration

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.

§ 8-303 — Initial voter identification

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.

§ 8-304 — Voters; signature identification

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.

§ 8-306 — Voters; assistance to

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.

§ 8-308 — Voting; voting write-in

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.

§ 8-312 — Voting; election day paper ballots, marking and casting, delivery to voter

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.

§ 8-314 — Voting; primary election, missing enrollment record

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.

§ 8-316 — Ballots; mutilated or spoiled

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

§ 8-400 — Absentee voting; application for ballot

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.

§ 8-402 — Absentee voting; review of application by board of elections

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.

§ 8-404 — Absentee voting; hospitalized veterans, special provisions

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.

§ 8-406 — Absentee ballots, delivery of

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.

§ 8-407 — Voting by residents of nursing homes, residential health care facilities, facilities operated or licensed, or under the jurisdiction of, ...

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.

§ 8-408 — Electronic absentee ballot application transmittal system

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.

§ 8-410 — Absentee voting; method of

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.

§ 8-412 — Absentee ballots; deadline for receipt, and delivery to polling place

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.

§ 8-414 — Online absentee ballot tracking system

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.

§ 8-416 — Ballot drop boxes

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

§ 8-500 — Watchers; provision for

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.

§ 8-502 — Challenges; generally

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.

§ 8-504 — Challenges; of voter at the polling place

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.

§ 8-506 — Challenges; early mail, absentee, military, special federal and special presidential ballots

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.

§ 8-508 — Challenge report; preparation of

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.

§ 8-510 — Challenge report; completion of and procedure after

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

§ 8-600 — 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.

§ 8-602 — State board of elections; powers and duties for early voting

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.

§ 8-604 — Registration during early voting

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

§ 8-700 — Early voting by mail; application for ballot

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.

§ 8-702 — Early voting by mail; review of application by board of elections

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.

§ 8-704 — Early mail ballots; delivery of

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.

§ 8-706 — Electronic early mail ballot application transmittal system

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.

§ 8-708 — Early voting by mail; method of

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.

§ 8-710 — Early mail ballots; deadline for receipt, and delivery to polling place

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.

§ 8-712 — Online early mail ballot tracking system

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

§ 9-100 — Canvass; required

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.

§ 9-102 — Canvass; general provisions for

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.

§ 9-106 — Official ballots; accounting for number used

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.

§ 9-108 — Canvass; ballots, verifying number cast

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.

§ 9-110 — Canvass; election day paper ballots that have not been scanned; method of

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.

§ 9-112 — Canvass ballots; validity of ballot

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.

§ 9-114 — Counting ballots; objections to

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.

§ 9-116 — Tallying ballots; generally

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.

§ 9-120 — Returns of canvass; generally

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.

§ 9-122 — Proclamation of result

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.

§ 9-124 — Returns of canvass, procedure after

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.

§ 9-126 — Unofficial tally of election results

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

§ 9-200 — Canvass of primary returns by board of elections; notices to delegates; certificates

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.

§ 9-202 — Canvass of primary returns by state board of elections; convention rolls

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.

§ 9-204 — County boards of canvassers

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.

§ 9-206 — Canvass of election district returns of general and special 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.

§ 9-208 — Provisions for recanvass of vote in every election district in the state; procedure in case of discrepancy

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.

§ 9-209 — Canvass of early mail, absentee, military and special ballots, and ballots cast in affidavit envelopes

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.

§ 9-210 — Statements of canvass by canvassing boards

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.

§ 9-211 — Audit of voter verifiable audit records

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.

§ 9-212 — Determinations by county canvassing boards

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.

§ 9-214 — Transmission of statements of canvassing boards to state board of elections and secretary of state

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.

§ 9-216 — Canvass of statements of general and special elections by state board of canvassers

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.

§ 9-218 — Proceedings by boards of canvassers to carry into effect a court order

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.

§ 9-220 — Record in office of secretary of state of county officers elected

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

§ 10-102 — Military voters; definitions

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.

§ 10-104 — Military voters; right to vote

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.

§ 10-106 — Military voters; registration and application for ballots

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.

§ 10-107 — Military voters; designation of means of transmission by military 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.

§ 10-108 — Military voters; distribution of ballots to

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".

§ 10-109 — Military voters; cancellation of registration

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.

§ 10-112 — Military voter; voting

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.

§ 10-114 — Military ballots; deadline for receipt, and delivery to polling place

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.

§ 10-116 — Military ballots; determination of candidates thereon

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.

§ 10-118 — Military voting; costs of

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.

§ 10-122 — Military voter; early mail or absentee ballot, right to

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.

§ 10-124 — Military voting; state board of elections; regulatory powers

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.

§ 10-125 — Military voters; prohibiting refusal to accept voter registration and military ballot applications, marked military ballots, and federal ...

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.

§ 10-126 — Military voting; applicability of general provisions

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

§ 11-102 — Special presidential voters; change of residence; special qualifications

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.

§ 11-104 — Registration and application for special presidential ballot

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.

§ 11-106 — Processing of applications by 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.

§ 11-108 — Special presidential voters lists

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.

§ 11-110 — Special presidential ballots; deadline for receipt

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.

§ 11-112 — Application of other provisions

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

§ 11-200 — Special federal voters; qualifications

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.

§ 11-202 — Registration and enrollment of special federal voters and application for special federal ballot

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.

§ 11-203 — Special federal voters; designation of means of transmission by special federal voters

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.

§ 11-204 — Processing of applications by board of elections

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.

§ 11-206 — Special federal voters; preparation of registration poll records and central file registration records

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.

§ 11-208 — Special federal voters; cancellation of registration

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.

§ 11-210 — Special federal voters; distribution of applications for ballots

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.

§ 11-212 — Special federal ballots; deadline for receipt

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.

§ 11-214 — Use of airmail

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.

§ 11-216 — Forwarding of applications and ballots

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.

§ 11-218 — Application of other provisions

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.

§ 11-219 — Special federal voters; prohibiting refusal to accept voter registration and special federal ballot applications, marked special federal ...

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.

§ 11-220 — Federal voting; applicability of general provisions

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

§ 11-300 — Special ballots on account of religious scruples

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.

§ 11-302 — Special ballots for board of election employees

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.

§ 11-306 — Special ballots; victims of domestic violence

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.

§ 11-308 — Special ballots for emergency responders

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

§ 12-100 — Electors of president and vice president

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.

§ 12-102 — Lists of electors; state board of elections to furnish

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.

§ 12-104 — Electoral college; meeting and organization

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.

§ 12-106 — Electoral college; vote of the electors

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.

§ 12-108 — Electoral college; certificate of vote, how distributed

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.

§ 12-110 — Electors; compensation

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

§ 12-200 — United States senators; election of

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

§ 12-300 — Representatives in congress; election of

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

* § 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

* § 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

* § 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

* § 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

* § 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

* § 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

* § 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

* § 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

§ 14-100 — Definitions

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.

§ 14-102 — Statements of campaign receipts, contributions, transfers and expenditures to and by political committees

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.

§ 14-104 — Statements of campaign receipts, contributions, transfers and expenditures by and to candidates

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.

§ 14-105 — Elimination of duplicate electronic filing

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.

§ 14-106 — Political communication

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.

§ 14-107 — Independent expenditure reporting

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.

§ 14-107-a — Prohibited spending by independent expenditure committees and political action committees

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.

§ 14-107-b — Independent expenditure verification

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.

§ 14-108 — Time for filing statements

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.

§ 14-110 — Place for filing statements

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.

§ 14-112 — Political committee authorization statement

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.

§ 14-114 — Contribution and receipt limitations

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.

§ 14-116 — Political contributions by certain organizations

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.

§ 14-118 — Treasurer and depository of political committee; filing of name and address

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.

§ 14-120 — Campaign contribution to be under true name of contributor

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.

§ 14-122 — Accounting to treasurer or candidate; vouchers

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.

§ 14-124 — Exceptions

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.

§ 14-126 — Violations; penalties

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.

§ 14-127 — Notice of civil penalty to authorizing candidate

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.

§ 14-128 — Disposition of anonymous contributions

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.

§ 14-130 — Campaign funds for personal use

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.

§ 14-132 — Disposition of campaign funds

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

§ 14-200 — Legislative findings and intent

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.

§ 14-200-a — Definitions

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.

§ 14-201 — Political committee registration

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.

§ 14-202 — Proof of compliance

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.

§ 14-203 — Eligibility

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.

§ 14-204 — Limits on public financing

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.

§ 14-205 — Payment of public matching funds

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.

§ 14-206 — Use of public matching funds; qualified campaign expenditures

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.

§ 14-207 — Composition, powers, and duties of the public campaign finance board

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.

§ 14-208 — Audits and repayments

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.

§ 14-209 — Enforcement and penalties for violations and other proceedings

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.

§ 14-210 — Reports

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.

§ 14-211 — Debates for candidates for statewide office

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.

§ 14-212 — Severability

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

§ 15-100 — Application of article

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.

§ 15-102 — Definitions

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.

§ 15-104 — General village election

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.

§ 15-106 — Special village elections for officers

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.

§ 15-108 — Designation and nomination of candidates

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.

§ 15-110 — Election districts

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.

§ 15-112 — Registers and poll-books; how used

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.

§ 15-114 — Number of voting machines

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.

§ 15-116 — Inspectors of election

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.

§ 15-118 — Registration of voters

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.

§ 15-119 — Early mail voting at village elections

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.

§ 15-120 — Absentee voting at village elections

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.

§ 15-122 — Absentee voting at village elections for persons unable to appear because of illness or physical disability

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.

§ 15-124 — Duties of village clerk

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.

§ 15-126 — Canvass of election

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.

§ 15-128 — Notice to person chosen to a village office

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.

§ 15-130 — Election of trustees by wards

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.

§ 15-132 — Votes upon propositions to be by ballot or voting machine

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.

§ 15-134 — Failure to designate terms

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.

§ 15-136 — Refusal of officer to surrender his office

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.

§ 15-138 — Judicial review of matters relating to village elections

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.

§ 15-140 — Transmission of publicly available data to the New York voting and elections database

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

§ 16-100 — Jurisdiction; supreme court, county court

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.

§ 16-101 — Actions or proceedings challenging provisions 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.

§ 16-102 — Proceedings as to designations and nominations, primary elections, etc

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.

§ 16-104 — Proceedings as to form of ballot, party name, etc

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.

§ 16-106 — Proceedings as to the casting and canvass of ballots

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.

§ 16-108 — Proceedings as to registration and voting

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.

§ 16-110 — Proceedings as to enrollment

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.

§ 16-112 — Proceedings for examination or preservation of ballots

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.

§ 16-113 — Proceeding with respect to voter verifiable records

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.

§ 16-114 — Proceedings to compel filing of statements or corrected statements of campaign receipts, expenditures and contributions

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.

§ 16-115 — Proceedings with respect to utilizing certain buildings as polling places

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.

§ 16-116 — Proceedings; provisions in relation thereto

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.

§ 16-118 — Proceedings to review removal of committee member or officer

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.

§ 16-120 — Enforcement proceedings

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

§ 17-100 — Definitions

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.

§ 17-102 — Misdemeanors at, or in connection with, primary elections, caucuses, enrollment in political parties, committees, and conventions

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.

§ 17-104 — False registration

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.

§ 17-106 — Misconduct of election officers

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.

§ 17-108 — False affidavits; mutilation, destruction or loss of registry list or affidavits

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.

§ 17-110 — Misdemeanors concerning police commissioners or officers or members of any police force

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.

§ 17-112 — Soliciting media support

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.

§ 17-114 — Failure to furnish information; false information

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.

§ 17-116 — Removal, mutilation or destruction of election booths, supplies, poll-lists or cards of instruction

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.

§ 17-118 — Refusal to permit employees to attend election

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.

§ 17-120 — Misconduct in relation to certificate of nomination and official ballot

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.

§ 17-122 — Misconduct in relation to petitions

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.

§ 17-124 — Failure to deliver official ballots

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.

§ 17-126 — Misconduct of election officers

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.

§ 17-128 — Violations of election law by public officer or employee

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.

§ 17-130 — Misdemeanor in relation to elections

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.

§ 17-132 — Illegal voting

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.

§ 17-134 — Unlawful use of pasters

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.

§ 17-136 — False returns; unlawful acts respecting returns

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.

§ 17-142 — Giving consideration for franchise

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.

§ 17-144 — Receiving consideration for franchise

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.

§ 17-146 — Offender a competent witness; witnesses' immunity

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.

§ 17-148 — Bribery or intimidation of elector in military service of United States

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.

§ 17-150 — Duress and intimidation of voters

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.

§ 17-152 — Conspiracy to promote or prevent election

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.

§ 17-154 — Pernicious political activities

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.

§ 17-156 — Political assessments

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.

§ 17-160 — Procuring fraudulent documents in order to vote

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.

§ 17-162 — Judicial candidates not to contribute

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.

§ 17-164 — Political contributions by owners of polling places prohibited

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.

§ 17-166 — Penalty

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.

§ 17-168 — Crimes against the elective franchise not otherwise provided for

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.

§ 17-170 — Destroying or delaying election returns

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

§ 17-200 — Legislative purpose and statement of public policy

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.

§ 17-202 — Interpretation of laws related to 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.

§ 17-204 — Definitions

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.

§ 17-206 — Prohibitions on voter disenfranchisement

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.

§ 17-208 — Assistance for language-minority groups

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.

§ 17-210 — Preclearance

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.

§ 17-212 — Prohibition against voter intimidation, deception or obstruction

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.

§ 17-214 — Enforcement

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.

§ 17-216 — Expedited judicial proceedings and preliminary relief

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.

§ 17-218 — Attorneys' fees

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.

§ 17-219 — Rules and regulations

Rules and regulations. The civil rights bureau may

promulgate such rules and regulations as may be necessary to effectuate

the purposes of this title.

§ 17-220 — Applicability

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.

§ 17-222 — Severability

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.