NY Elec L § 7-205 (2021)
2021 New York Laws ELN - Election Article 7 - Election Ballot Title 2 - Voting Machines 7-205 - Voting Machines; Use of at Primaries.

§  7-205.  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.