A7492A-2011 Actions

• Jun 21, 2012: REFERRED TO RULES
• Jun 21, 2012: delivered to senate
• Jun 21, 2012: passed assembly
• Jun 21, 2012: ordered to third reading rules cal.539
• Jun 21, 2012: rules report cal.539
• Jun 21, 2012: reported
• Jun 20, 2012: reported referred to rules
• May 22, 2012: print number 7492d
• May 22, 2012: amend (t) and recommit to election law
• May 10, 2012: print number 7492c
• May 10, 2012: amend (t) and recommit to election law
• Jan 31, 2012: print number 7492b
• Jan 31, 2012: amend (t) and recommit to election law
• Jan 4, 2012: referred to election law
• May 25, 2011: print number 7492a
• May 25, 2011: amend and recommit to election law
• May 6, 2011: referred to election law

A7492A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   7492--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 May 6, 2011
                                 ___________

  Introduced by M. of A. KAVANAGH, HEVESI -- read once and referred to the
    Committee  on  Election  Law  --  committee  discharged, bill amended,
    ordered reprinted as amended and recommitted to said committee

  AN ACT to amend the election law, in relation to simplifying ballots

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  This  act  shall  be known and may be cited as the "voter
  friendly ballot act of 2011".
    S 2. Section 7-104 of the election law, as amended by chapter  165  of
  the laws of 2010, is amended to read as follows:

    S  7-104.  Ballots;  form  of, voting machine. 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 frame, and shall be in as plain
  and clear a type or display as the space will  reasonably  permit.  Such
  type  or display on the ballot shall satisfy all requirements and stand-
  ards 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 print-
  ed on the ballot in an abbreviated form. In printing the names of candi-
  dates  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 preparing the ballots shall request each such candidate to indi-
  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
  restriction, his 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[, and a designating  letter
  and  number] 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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11215-05-1

 A. 7492--A                          2

    (b) The titles of offices may be arranged horizontally, with the names
  of  candidates for an office and the slot or device for write-in ballots
  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 slot or device for write-in ballots for
  such office arranged horizontally opposite the title of the office.
    (c)  Each office shall occupy as many columns or rows on the [machine]
  BALLOT as the number of candidates to be elected to that office.
    4. (a) The names of all candidates nominated by any party or independ-
  ent body for an office shall always appear in the row or column contain-
  ing generally the names of candidates nominated by such party  or  inde-
  pendent 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] BALLOT
  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 independ-
  ent 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 provid-
  ing  ballots, or if such person shall fail to so designate, the names of
  such independent bodies shall appear in such row or column as such offi-
  cer 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
  [voting machine] 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
  providing ballots 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  ONE  OR  more
  [than  one] independent bodies BUT NOT BY A PARTY, his or her name shall
  appear but once upon the [machine] BALLOT 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 providing ballots, 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 [machine] 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  and  registering  device  at  each
  place in which such name shall appear.

 A. 7492--A                          3

    6.  If  any  type  of  machine used in any county or city contains any
  feature, 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 image of a closed fist with
  index finger extended pointing to the party or independent row.  In  the
  same space, in black letters as large as the space will permit, shall be
  printed  the  name  of the party or independent body and at the right of
  the fist and below the index finger shall be printed in  black  ink  the
  emblem and the designating letters of the row or column.
    8.]  With  respect to candidates for the offices of governor and lieu-
  tenant 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 letter or number.
    S 3. Section 7-106 of the election law, the section heading and subdi-
  visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
  as  renumbered by chapter 165 of the laws of 2010, is amended to read as
  follows:

    S 7-106.  Election day paper ballots; form of.  1. Paper 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  the ballot is scanned. Such ballots shall be printed on paper of a
  quality, size,  color,  and  weight  approved  by  the  state  board  of
  elections.  THE BALLOT MAY NOT BE THE SAME COLOR AS SAMPLE BALLOTS.
    2.  BEFORE  EACH  STATEWIDE  ELECTION,  THE  BOARD  SHALL  PUBLISH AND
  DISTRIBUTE A MASTER TEMPLATE BALLOT TO THE COUNTIES;
    3. All paper ballots of the same kind for the same polling place shall
  be identical. [A different, but in each case uniform style and  size  of
  type,  shall be used for printing the names of candidates, the titles of
  offices, political designations, and the reading form of  all  questions
  submitted.  The  names of candidates shall be printed in capital letters
  in black-faced type.
    3.] 4. Each ballot shall be printed on the sheet  with  a  stub  which
  shall  be separated therefrom by a line of perforations extending across
  the entire ballot. On the face of the stub shall be printed "No........"
  the blank to be filled with consecutive number of ballots beginning with
  "No. 1", and increasing in regular numerical order.
    [4.] 5. On such ballot shall be printed the following indorsement, the
  blanks properly filled in:


  Official Ballot for (General, Primary or Special, as  applica-
  ble)
  Election
  County of ........................
  (Assembly    or    Legislative,    as   applicable)   District
  .....................

 A. 7492--A                          4

  (Ward  and  City  or  town  ..................,  as   applica-
  ble)............
  Election District ...........................

  (Insert date of election.)
  (Insert names of election commissioners providing the ballot.)

    [5.  The following ballot instructions shall be printed in heavy black
  type:
                                INSTRUCTIONS
    (1) Mark only with a writing  instrument  provided  by  the  board  of
  elections.
    (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, the end of the row or at
  the bottom of the candidate names, as applicable) for such 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  you  have
  written in 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.
    (7) If you tear, or deface, or wrongly mark this ballot, return it and
  obtain  another.  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 replace-
  ment ballot upon return of the original ballot.
    (8) After completing your ballot, insert it into  the  ballot  scanner
  and  wait for the notice that your ballot has been successfully scanned.
  If no such notice appears, seek the assistance of  an  election  inspec-
  tor.]
    6.  [The]  EACH  BALLOT  SHALL  CONTAIN  INSTRUCTIONS  FOR MARKING THE
  BALLOT. THE INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER  THAN
  FIVE  INCHES.  THE  TEXT  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, (ILLUSTRATION PROVIDED HERE.)
  TO VOTE FOR A CANDIDATE WHOSE NAME IS NOT PRINTED ON THE BALLOT, (INSERT
  "MARK  THE OVAL TO THE LEFT OF 'WRITE-IN' AND PRINT THE NAME CLEARLY" OR
  "PRINT THE NAME CLEARLY UNDER THE WORDS 'WRITE-IN'"), STAYING WITHIN THE
  BOX.
  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

 A. 7492--A                          5

  WILL NOT COUNT.  IF YOU MAKE A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK
  A POLL WORKER FOR A NEW BALLOT.
    7.  TO  THE EXTENT PRACTICABLE, THE instructions in subdivision [five]
  SIX of this section [may] SHALL 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  the  other  side"  or   "See   enclosed
  instructions",  whichever  is appropriate] UPPER LEFT HAND CORNER OF THE
  FRONT OF THE BALLOT. 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 INSTRUCTIONS.
    [7.  Each such ballot shall be printed in sections in which the candi-
  dates' names and political designations, the ballot proposals and  other
  requisite  matter  shall  each  be boxed in by heavy black perpendicular
  lines of equal width. In each such section  shall  be  voting  ovals  or
  squares  which voters may fill in. If applicable, ovals or squares shall
  be provided next to the blank spaces provided for a voter to write in  a
  name.
    8.  The  space for the title of an office shall be three-eighths of an
  inch, and the name of a candidate or for writing in a  name,  one-fourth
  of  an inch, in depth. At the left of the name of each designated candi-
  date shall be an enclosed voting space,  three-eighths  of  an  inch  in
  width  and  approximately one-fourth of an inch in depth, bounded above,
  below and to the right by black lines, heavier than those which separate
  the spaces containing the names of candidates. To  the  left  of  voting
  spaces  which  do  not  adjoin a vertical line dividing two parts, there
  shall be a heavy black vertical line approximately one-eighth of an inch
  in width. No voting space shall be provided in the space for writing  in
  names.  In such case, the space corresponding to a voting space shall be
  all black.
    9. Below the names of the candidates for each office or position there
  shall  be  printed as many blank spaces, for writing in names of persons
  for whom the voter desires to vote, as there are persons to be nominated
  or elected.
    10. In case the sections shall be so numerous as to  make  the  ballot
  unwieldy  if  they  are printed in one column, they may be printed in as
  many columns as shall be necessary,  and  in  that  case,  in  order  to
  produce a rectangular ballot, blank sections may be used.
    11.]  8.  WHEN  A  QUESTION  OR  PROPOSAL  IS  INCLUDED ON THE BALLOT,
  INSTRUCTIONS SUBSTANTIALLY LIKE THE FOLLOWING SHALL BE INCLUDED  ON  THE
  BALLOT NEAR THE FIRST QUESTION OR PROPOSAL:

  INSTRUCTIONS FOR VOTING FOR QUESTIONS AND PROPOSALS
  TO  VOTE ON A QUESTION OR PROPOSAL, MARK THE INSERT ("OVAL" OR "SQUARE")
  TO THE LEFT OF YOUR CHOICE.
  IF YOU MAKE A MISTAKE, OR WANT TO CHANGE YOUR VOTE, ASK  A  POLL  WORKER
  FOR A NEW BALLOT.
    9.  TO  THE  EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY WITH THE
  FOLLOWING SPECIFICATIONS:

    A. 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 APPEARING ON THE BALLOT;
    B. THE VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME  OF  THE
  CANDIDATE;

 A. 7492--A                          6

    C.  ALL  TEXT,  INCLUDING THE NAME OF EACH CANDIDATE, SHALL BE PRINTED
  USING STANDARD CAPITALIZATION IN ACCORDANCE WITH  INSTRUCTIONS  PROVIDED
  BY THE STATE BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPI-
  TAL LETTERS;
    D. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARIATIONS
  FOR ALL TEXT NEEDS;
    E.  THE  BALLOT  SHALL  HAVE  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, SYMBOL, FONT SIZE,
  OR BOLD TYPE;
    F. COLOR AND SHADING SHALL BE USED CONSISTENTLY, SO  AS  TO  DIFFEREN-
  TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION;
    G.  IF  MORE  THAN  ONE  CANDIDATE IS TO BE ELECTED IN ANY RACE ON THE
  BALLOT, "VOTE FOR UP TO X" (PROVIDING THE MAXIMUM NUMBER  OF  CANDIDATES
  TO  BE  ELECTED)  SHALL  BE  PRINTED IMMEDIATELY BELOW EACH OFFICE TITLE
  APPEARING ON THE BALLOT;
    H. UNDER, 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 BY WHICH THE  CANDIDATE
  WAS  NOMINATED  OR CERTIFIED. NO PARTY EMBLEMS SHALL BE PRINTED UNDER OR
  AFTER THE CANDIDATE'S NAME THAT IS PRINTED ON THE BALLOT;
    I. THE NAMES OF CANDIDATES TO THE SAME OFFICE SHALL APPEAR ON THE SAME
  PAGE AND IN THE SAME COLUMN OF THAT PAGE OF A PRINTED BALLOT, UNLESS  NO
  ALTERNATIVE IS POSSIBLE.
    10. The names of parties or independent bodies which contain more than
  fifteen letters may, whenever limitations of space so require, be print-
  ed on the ballot in an abbreviated form. In printing the names of candi-
  dates  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 preparing the ballots shall request each such candidate to indi-
  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
  restriction, his 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. [No emblem
  shall occupy a space longer in any direction than the voting  square  to
  which it relates.]
    S  4.  Paragraph (g) of subdivision 2 of section 7-114 of the election
  law, as amended by chapter 234 of the laws of 1976, is amended  to  read
  as follows:

    (g)  Spaces  containing  names of candidates and for writing in names,
  and intervening spaces on the paper ballot, shall be separated by  light
  horizontal  lines.  Names  of  candidates  shall  be printed [in capital
  letters] not less than one-eighth [nor more than three-sixteenths] of an
  inch in height.
    S 5. This act shall take effect immediately.