2023 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 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.