NY Elec L § 7-116 (2021)
2021 New York Laws ELN - Election Article 7 - Election Ballot Title 1 - Form of Ballots 7-116 - Ballots; Order of Names On.

§  7-116.  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 both  male and female candidates for the same party position are to be printed upon the  ballots,  the  respective county board of elections or the board of elections in the city of New York shall  determine  by  lot  whether  to first  print  the contest for the male candidates or the contest for the female candidates. After such determination, the  same  order  shall  be used  for  all  ballots printed by the board of elections for the entire county or city of  New  York  and  for  all  contests  where  there  are elections  separated  by  male  and female candidates for the same party position.