2023 New York Laws › ELN - Election › Article 7 - Election Ballot › Title 1 - Form of Ballots › 7-104 - Ballots; Form Of.

§  7-104.  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.  The  offices  appearing  on  all  ballots  shall be listed in the
customary order.
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.