New York Statutes § 9-112 Canvass ballots; validity of ballot

Statute Text

1. The whole ballot is void if the voter (a) does any act extrinsic to the ballot such as enclosing any paper or other article in the folded ballot or (b) defaces or tears the ballot except that a ballot card which is in perforated sections shall not be void because it has been separated into sections or (c) makes any erasure thereon or (d) makes any mark thereon other than a cross X mark or a check V mark in a voting square, or filling in the voting square, or [punching a hole in the voting square of a ballot intended to be counted by machine or] (e) writes, other than in the space provided, a name for the purpose of voting; except that an erasure or a mark other than a valid mark made in a voting square shall not make the ballot void, but shall render it blank as to the office, party position or ballot proposal in connection with which it is made. No ballot shall be declared void or partially blank because a mark thereon is irregular in form. The term "voting square" shall include the voting space provided for a voter to mark his or her vote for a candidate or ballot proposal.

2. A cross X mark or a check V mark, made by the voter, in a voting square at the left of a candidate's name, or the voter's filling in such voting square, [or punching a hole in the voting square of a ballot intended to be counted by machine,] shall be counted as a vote for such candidate.

3. A vote shall be counted for a person whose name is written in under the title of an office or party position only if such name is written by the voter upon the ballot in the proper space provided therefor and only if such name is not printed under the title of such office or position.

A voting mark before or after such written in name shall not invalidate the vote.

4. If, in the case of a candidate whose name appears on the ballot more than once for the same office, the voter shall make a cross X mark or a check V mark in each of two or more voting squares before the candidate's name, or fill in two or more such voting squares [or punch out the hole in two or more voting squares of a ballot intended to be counted by machine,] only the first vote shall be counted for such candidate. If such vote was cast for the office of governor, such vote shall not be recorded in the tally sheet or returns in a separate place on the tally sheet as a vote not for any particular party or independent body.

5. If a voter makes a cross X mark or a check V mark in a voting square following the word "Yes" or the word "No", before a ballot proposal, or fills in such square, [or punches out the hole in a voting square of a ballot intended to be counted by machine,] such mark shall be counted in the affirmative or negative, as so indicated.

6. If the voter marks more names than there are persons to be elected or nominated for an office, or elected to a party position, or makes a mark in a place or manner not herein provided for, or if for any reason it is impossible to determine the voter's choice of a candidate or candidates for an office or party position or his or her vote upon a ballot proposal, his or her vote shall not be counted for such office or position or upon the ballot proposal, but shall be returned as a blank vote thereon.

History

Amended by New York Laws 2019 , ch. 437 , Sec. 5 , eff. 10/30/2019 .

Amended by New York Laws 2013 , ch. 334 , Sec. 7 , eff. 8/21/2013 .

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