New York Statutes § 7-122 Ballots; absentee voters

Statute Text

(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, [if any,] except [that ballots for primary elections shall omit the party position of ward, town, city or county committee and except further] that such ballots need not have a stub, and shall have the words "Absentee Ballot", endorsed thereon.

(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 ballots for primary elections shall omit the party position of ward, town, city or county committee and except further that such ballots need not have a stub, and shall have the words "Absentee Ballot", endorsed thereon.

(b) [The names of candidates upon the ballot shall be printed in appropriate sections, with titles of offices, section numbers, emblems, voting squares, names of parties and political organizations and blank spaces for writing in names of persons not printed on the ballot. Except as to the spacing, such ballot shall be printed wherever applicable substantially as follows:]

[(Form in chap. 381/79)]

[(c) The indorsement shall be printed and properly filled in:]

[Official Absentee Ballot for (General, Primary or Special, as applicable)]

[Election]

[County of......................]

[(Assembly or Legislative, as applicable) District................]

[(Ward and City or town, as applicable)...........................]

[(Insert date of election)]

[(Insert names of election commissioners providing the ballot)]

[(d) On the front of the ballot prepared for counting by hand, shall be printed in heavy black type the following instructions] 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

[1. Mark in pen or pencil.]

[2. To vote for a candidate whose name is printed on this ballot, make a single cross X mark or a single check, V mark in the voting square above the name of the candidate.]

[3. To vote for a person whose name is not printed on this ballot write or stamp his or her name in the space that appears at the bottom of the column or the end of the row (indicate where on the ballot the write-in space appears) containing the title of the office.]

[4. To vote on a proposal make a cross X mark or a check V mark in one of the squares contained in the box setting forth such proposal.]

[5. Any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot.]

[6. Do not overvote. If you select a greater number of candidates than there are vacancies to be filled, your ballot will be void for that public office, party position or proposal.]

[7. If you tear, or deface, or wrongly mark this ballot, call the board of elections at (insert phone number here) for instructions on how to obtain a new ballot. Do not attempt to correct mistakes on the ballot by making erasures or cross outs. Erasures or cross outs may invalidate all or part of your ballot. Prior to submitting your ballot, if you make a mistake in completing the ballot or wish to change your ballot choices, you may obtain and complete a new ballot. You have a right to a replacement ballot upon return of the original ballot.] 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 following provisions shall apply to all absentee ballots prepared for counting by a ballot scanner and all other provisions of this chapter not inconsistent with this subdivision shall be applicable to such ballots:]

[(a) The party emblem need not be printed next to the name of each candidate.]

[(b) The ballot proposals may be on the back of the ballot, or on a separate ballot.]

[(c) The printed instructions to the voter shall read as follows:]

[INSTRUCTIONS]

[1. Mark only with a pen or pencil.]

[2. To vote for a candidate whose name is printed on this ballot, fill in the (insert oval or square, as applicable) above or next to the name of the candidate.]

[3. To vote for a person whose name is not printed on this ballot, write or stamp his or her name in the space labeled "write-in" that appears (insert at the bottom of the column or the end of the row, as applicable) containing the title of the office and, if required by the voting system in use at such election, the instructions shall also include "and fill in the (insert oval or square, as applicable) corresponding with the write-in space in which the voter has written a name."]

[4. To vote yes or no on a proposal, if any, that appears on the (indicate where on the ballot the proposal may appear) fill in the (insert oval or square, as applicable) that corresponds to your vote.]

[5. Any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot.]

[6. Do not overvote. If you select a greater number of candidates than there are vacancies to be filled, your ballot will be void for that public office, party position or proposal.]

[(d) Such 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 for which there is room, the following legend: "See instructions on other side" or "See enclosed instructions", whichever is appropriate.]

[(e) Such 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 of canvassing.]

[3.] 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.

[5.] 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)........

[6] 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 .

[8.] 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

[9.] 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.

[10.] 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 [a] 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".

History

Amended by New York Laws 2022 , ch. 117 , Sec. 1 , eff. 2/24/2022 .

Amended by New York Laws 2021 , ch. 763 , Sec. 3 , eff. 4/1/2022 , app. to elections held on or after 4/1/2022 .

Amended by New York Laws 2019 , ch. 615 , Sec. 1 , eff. 12/10/2019 .

Amended by New York Laws 2019 , ch. 411 , Sec. 11 , eff. 7/1/2020 .

Amended by New York Laws 2019 , ch. 66 , Sec. 4 , eff. 7/3/2019 .

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