Relates to the form of ballots; enacts specific provisions and requirements for the form of general, special and primary ballots.
TITLE OF BILL: An act to amend the election law, in relation to the form of ballots; and to repeal certain provisions of such law relating thereto
PURPOSE: To create a ballot layout that is easy for voters to read and to ensure an adequate number of ballots are available on election day.
SUMMARY OF PROVISIONS:
Section one repeals section 7-104, 7-106 and 7-126 of the election law and two new section 7104 and 7-105 are added. The new section 7-104 provides that all paper ballots of the same kind, for the same polling place shall be identical in form and content except for names of candidates, local referenda, propositions or initiative and manner in which the ballots shall be counted. Subsection 1 paragraph (b) provides that a sample ballot will be distinguishable from ballots by different size and color and shall be marked "SAMPLE BALLOT" in a font size necessary to cover the entire face of the sample ballot. Subsection 1 paragraph (c) to provide that ballots counted by a ballot scanner may contain two or more sheet made of perforated paper that can be separated when the ballot is to be scanned. The ballot shall be made of paper required for use with the ballot scanner.
Subsection 2 states that all ballots are to be printed in black ink and/or in a format that is uniform in size and style in a clear type. The ballots shall use sans serif font in a size designed to maximize legibility. The names of the candidates shall be printed in capital letters in larger font and bold type. The name of a party or other designation will be affixed to the name of each candidate. Each office shall occupy as many columns or rows on the ballot as the number of candidate to be elected to that office, the title of the office may be placed horizontally with the names of the candidates arranged vertically. Next to the name of a party or independent committee shall be the symbol of such organization and the letter of the row or column its candidates occupy on the ballot. The sections in which the candidate's names and political designation as well as ballot proposals will be boxed in heavy black lined boxes. For each office, ovals or squares will be on the ballot next to the spaces where a voter would write in the name of a candidate who name is not on the ballot. The abstract of each question, amendment, proposition or initiative shall be in the same font and type face.
Subsection three allows that when needed the name of a party or independent body with more than fifteen letters may appear in an abbreviated form on the ballot. If a candidate's name exceeds fifteen letters only the last name must be printed in full, the entity responsible for preparation of the ballot shall request from each such candidate the manner in which they would like their shortened name to appear on the ballot.
Subsection four provides that each face of a ballot sheet shall only be printed in one language, if a second language is required by law, the second language shall appear on the reverse side of the ballot. English will only be on one side of all ballots and the second
language shall only be on the reverse side. In areas that are required by law to have ballots in multiple languages the votes shall be given the language ballot of choice at the time they vote by an election inspector.
Section five states that ballots must be printed on a sheet with a stub which can be separated from the ballot along a perforated line and proscribes the information that shall be contained on the stub.
Section six calls for a graphic to illustrate to voters to mark the voting oval or square fully.
Section seven the ballots shall not have instructions printed on them, but each ballot shall have a graphic design approved by the State BOE. Each polling location shall post instruction and instruction sheet will be provided as a separate handout or printed on the privacy sleeve issued to voters. This section proscribes the language of the instructions_ If a proposition, amendment or initiative is on the ballot it shall appear on the full face of the ballot, such questions shall be separated from the names of candidates for office by a heavy black line.
Section eight will ensure that visible in privacy booths or voting machines shall be instructions posted with illustrated instructions as to how to vote on the ballot.
Section nine proscribes the manner in which candidates and parties shall be listed across the ballot in columns and office by rows and how the ballot shall appear if the ballot requires a second row for candidates names as well how the ballot shall look if a candidate appears on the ballot line of multiple parties.
Section ten provides that if a candidate for Governor, State Senator or Member of the Assembly is nominated by multiple political parties or independent bodies the candidates name shall appear on the ballot the same number of times as there are parties or independent bodies nominating such candidates.
Section eleven allows for a machine used in any county or city which is neither required or prohibited by this chapter to request permission from the State BOE to require that one or more of these features shall be used provided that the features are uniform, The BOE has the authority to rescind this permission.
Section twelve would allow for the names of candidates for Governor and Lieutenant Governor of a party or independent body to appear in the same row or column with the name of the candidate for Governor being listed first.
The new section 7-105 proscribes in subsection one provisions for the printing of an adequate number of ballots and empowers the State Board of Elections to determine the number of ballots to be printed. For primary elections the number of ballots printed shall be between 10 and 15 percent greater than the number of votes cast in the highest statewide office or presidential officer, whichever one had the largest turnout in the last primary election. In general elections the number of ballots printed shall be at least 20 percent more than the
amount of votes cast in the last presidential election. In special election the number of ballots printed shall be at least 15 percent more than the number of votes cast in the most recent general elections for that office.
Subsection two states that when a county is required by federal law to provide ballots in second languages the number of ballots printed in each language shall be governed by the provisions of this section.
Subsection three stipulates that each county board is required to train instructor to ensure that voters receive the appropriate language ballot.
Subsection four states that local boards shall have on hand fifteen days prior to the election the number of each language ballot other than english.
Subsection five provides that no Local board shall promulgate regulations relating to multilingual ballots without authority and approval from the State BOE.
Subsection six calls for that when a court removes a candidate or other question from the ballot the amendment shall be made in a way so that the ballot is not rendered unreadable.
Subsection seven stipulates that in the event that a court places a ballot or other question on the ballot the candidates name or questions shall appear in the same uniform manner as if it had originally been placed on the ballot.
Section two of this bill provides that this act shall take effect on January first 2015.
JUSTIFICATION: A ballot that is clear and simple to read makes voting easier and leads to more accurate voting. In the 2013 primary and general elections, New York voters were confronted with a ballot that was cluttered and difficult to read. This was exemplified by the fact that polling sites provided magnifying glasses for voters.
The implementation of the optical scan ballot in New York State has caused concerns and problems on Election Day operations, specifically relating to ballot format and design. This legislation is designed to address the concerns that have arose out of this implementation. Particularly the legislation works to address concerns over ballot layout and design. The new section 7-104 of the election law simplifies ballot design by requiring clearer and bolder text in uniform size and font. The placement of a second language on the reverse side of the ballot will make the ballot easier to read for voters casting ballots. The implementation of multiple page ballots for propositions, questions, referendums and initiatives will leave the ballot less of a clutter than in year passed. Heavy black lined boxes to differentiate sections of the ballot will make the individual sections of the ballot easier to understand.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take January first 2015.
STATE OF NEW YORK ________________________________________________________________________ 7847 IN SENATE June 13, 2014 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to the form of ballots; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Sections 7-104, 7-106 and 7-126 of the election law are REPEALED and two new sections 7-104 and 7-105 are added to read as follows: S 7-104. BALLOTS; FORM OF; GENERAL, PRIMARY; SPECIAL ELECTIONS. 1. (A) ALL PAPER BALLOTS OF THE SAME KIND FOR THE SAME POLLING PLACE SHALL BE IDENTICAL IN FORM AND CONTENT, EXCEPTING THE NAMES OF INDIVIDUAL CANDIDATES AND LOCAL REFERENDA, PROPOSITIONS OR INITIATIVES, WHETHER OR NOT SUCH BALLOTS SHALL BE COUNTED BY VOTING MACHINE, BALLOT SCANNER OR OTHER METHOD. 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, AND POLITICAL DESIGNATIONS. (B) SAMPLE BALLOT SHALL BE CLEARLY DISTINGUISHABLE BY SIZE, COLOR AND MARKING "SAMPLE BALLOT" IN TYPE SUFFICIENT TO COVER THE ENTIRE FACE OF THE BALLOT, TO AVOID ERROR. (C) 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. BALLOTS SHALL BE PRINTED ON PAPER OF A QUALITY AND WEIGHT SPECIFIED IN THE VOTING SYSTEMS' TECHNICAL REQUIREMENTS DOCUMENTATION, OR AS DETERMINED BY THE STATE BOARD OF ELECTIONS CERTIFICATION OF SUCH VOTING SYSTEMS. 2. (A) ALL BALLOTS SHALL BE PRINTED IN BLACK INK AND/OR DISPLAYED IN A FORMAT AND ARRANGEMENT OF SUCH UNIFORM SIZE AND STYLE IN AS PLAIN AND CLEAR A TYPE USING ONLY SANS SERIF PRINT FONTS, AS WILL, AT MINIMUM, FIT ALL THE CANDIDATES FOR PUBLIC OFFICE ON A SINGLE FACE BALLOT, AND IF CONSISTENT WITH THESE PROVISIONS, ANY AMENDMENTS, INITIATIVE OR PROPOSI- TIONS. IF NOT, THEN SUCH AMENDMENTS, INITIATIVES OR PROPOSITIONS SHALL BE UPON A SEPARATE BALLOT SHEET. SUCH TYPE OR DISPLAY ON THE BALLOTEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15584-01-4 S. 7847 2
SHALL SATISFY ALL THE REQUIREMENTS AND STANDARDS SET FORTH PURSUANT TO THE HELP AMERICA VOTE ACT. (B) ALL BALLOTS SHALL USE SANS SERIF FONTS AND IN SUCH SIZE AS TO MAXIMIZE LEGIBILITY. THE NAMES OF THE CANDIDATES SHALL BE PRINTED IN CAPITAL LETTERS IN A LARGER BOLD TYPE FACE THAN OTHER MATTER. (C) 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 AND BE PRINTED IMMEDIATELY BELOW THE NAME OF THE CANDIDATE IN SIMILAR TYPE BUT NOT BOLDED. (D) EACH OFFICE SHALL OCCUPY AS MANY COLUMNS OR ROWS ON THE BALLOT AS THE NUMBER OF CANDIDATES TO BE ELECTED TO THAT OFFICE. THE TITLES OF OFFICES MAY BE ARRANGED HORIZONTALLY, WITH THE NAMES OF CANDIDATES FOR AN OFFICE AND PLACE FOR WRITE-IN BALLOTS FOR SUCH OFFICE ARRANGED VERTI- CALLY 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 PLACE FOR WRITE-IN BALLOTS FOR SUCH OFFICE ARRANGED HORIZONTALLY OPPO- SITE THE TITLE OF THE OFFICE. (E) NEXT TO THE NAME OF THE PARTY OR INDEPENDENT COMMITTEE, SHALL APPEAR THE SYMBOL OF THE PARTY OR INDEPENDENT ENTITY AND ITS DESIGNATING LETTER OF THE ROW OR COLUMN IN SUCH SIZE AS THE GRAPHIC IMAGE IS CLEAR AND LEGIBLE WITHIN THE VOTING BOX AT THE HEAD OF THE COLUMN OR THE ROW, BASED UPON THE BALLOT DESIGN. THE TITLE OF THE OFFICE SHALL APPEAR IN A SEPARATE BOX IN A TYPE SIZE EQUAL TO THE NAME OF THE CANDIDATE. NO OTHER SYMBOL OR IMAGE SHALL APPEAR ON THE BALLOT. (F) EACH BALLOT SHALL BE PRINTED IN SECTIONS IN WHICH THE CANDIDATES' NAMES AND POLITICAL DESIGNATIONS, THE BALLOT PROPOSALS AND OTHER REQUI- SITE 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. (G) FOR EACH PUBLIC OFFICE, OVALS OR SQUARES SHALL BE PROVIDED NEXT TO THE BLANK SPACES PROVIDED FOR A VOTER TO WRITE IN A NAME OF A CANDIDATE WHOSE NAME DOES NOT APPEAR ON THE BALLOT. (H) EACH ABSTRACT OF ALL QUESTIONS, AMENDMENTS, PROPOSITIONS OR INITI- ATIVES SUBMITTED SHALL BE IN THE SAME TYPE AS EACH OTHER. EACH SHALL BE IN SANS SERIF TYPE, AND SHALL WHEREVER PRACTICABLE BE ON THE FACE OF THE BALLOT. WHERE IT IS NOT POSSIBLE TO PLACE ALL QUESTIONS, AMENDMENTS, PROPOSITIONS OR INITIATIVES SUBMITTED ON ONE PAGE WITH THE CANDIDATES APPEARING ON THE BALLOT, ALL QUESTIONS, AMENDMENTS, PROPOSITIONS OR INITIATIVES SUBMITTED TO THE VOTERS SHALL BE PLACED ON A SECOND PAGE. WHEN SUCH QUESTIONS PRESENTED ARE ON A SECOND PAGE, THE FIRST PAGE OF THE BALLOT SHALL IN BOLD CAPITAL LETTERS "CONTINUE ON TO SECOND PAGE", AND DIRECT THE VOTER TO THE QUESTIONS PRESENTED. 3. 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 OR HER NAME SHALL BE PRINTED. IF NO SUCH INDICATION IS RECEIVED FROM SUCH CANDIDATE WITHIN THE TIME SPECIFIED IN THE REQUEST, WHICH TIME PERIOD SHALL NOT BE LESS THAN ONE FULL WEEK FROM THE MAILING OF SUCH NOTICE, SUCH OFFICER OR BOARD SHALL MAKE THE NECESSARY DETERMI- NATION.S. 7847 3
4. THE FACE OF EACH SHEET OF THE BALLOT SHALL BEAR ONLY ONE LANGUAGE. WHERE REQUIRED BY LAW, BALLOTS SHALL BE PRINTED TO CONTAIN A FULL FACE BALLOT IN A SECOND LANGUAGE ON THE OBVERSE OF EACH SHEET OF THE BALLOT. IN EACH CASE, THE FACE OF A BALLOT MUST BE IN ENGLISH ON ONE SIDE AND A SECOND LANGUAGE ON THE OTHER SIDE. WHERE MULTI-LANGUAGE BALLOTS ARE REQUIRED BY LAW, VOTERS SHALL BE GIVEN THE LANGUAGE BALLOT OF CHOICE AT THE TIME THEY VOTE BY THE INSPECTORS OF ELECTIONS. 5. 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 CONSECUTIVE NUMERICAL ORDER. ON SUCH BALLOT SHALL BE PRINTED THE FOLLOWING INDORSEMENT, THE BLANKS PROPERLY FILLED IN: OFFICIAL BALLOT FOR (GENERAL, PRIMARY OR SPECIAL, AS APPLICABLE) ELECTION COUNTY OF ........................ (ASSEMBLY OR LEGISLATIVE, AS APPLICABLE) DISTRICT ............ (WARD AND CITY OR TOWN ......, AS APPLICABLE).... ELECTION DISTRICT .... (INSERT DATE OF ELECTION.) (INSERT NAMES OF ELECTION COMMISSIONERS PROVIDING THE BALLOT.) 6. EACH BALLOT SHALL HAVE AT THE TOP OF THE BALLOT, NEXT TO THE NAME OF THE ISSUING BOARD OF ELECTIONS A GRAPHIC DEMONSTRATING A WRITING IMPLEMENT MARKING THE BALLOT AND NEXT TO A FULLY FILLED IN OVAL OR SQUARE. 7. (A) BALLOTS SHALL NOT HAVE WRITTEN INSTRUCTIONS PRINTED UPON THEM. EACH BALLOT SHALL HAVE A GRAPHIC DESIGN APPROVED BY THE STATE BOARD OF ELECTIONS HOW TO VOTE THE BALLOT. WRITTEN INSTRUCTIONS SHALL BE POSTED AT EACH ELECTION DISTRICT POLLING AREA IN MULTI COPIES. INDIVIDUAL INSTRUCTION SHEETS SHALL BE PROVIDED TO EACH VOTER EITHER AS A SEPARATE PAGE OR PRINTED UPON THE PRIVACY SLEEVE ISSUED WITH EACH BALLOT. (B) THE INSTRUCTIONS SHALL READ AS FOLLOWS: TO VOTE FOR A CANDIDATE, FIND THE OVAL OR SQUARE TO THE LEFT OF THEIR NAME AND COLOR IT IN COMPLETELY. TO VOTE FOR A CANDIDATE WHOSE NAME YOU DO NOT SEE ON THE PAGE, FOR A PARTICULAR OFFICE, CLEARLY PRINT THAT NAME ONLY IN THE EMPTY BOX LABELED "WRITE IN". VOTE ONLY FOR ONE CANDIDATE FOR EACH OFFICE UNLESS THE BALLOT STATES THAT YOU CAN VOTE FOR MORE. IF YOU VOTE FOR TOO MANY FOR ONE OFFICE, THAT VOTE WILL NOT COUNT. ANY OTHER MARKS, ERASURE OR WORDS SPOILS THE BALLOT. YOU ARE ENTITLED THEN TO GET A NEW BALLOT FROM A POLLWORKER. (C) NO CANDIDATE NAME SHALL APPEAR ON THE REVERSE OF ANY BALLOT. (D) WHEN A PROPOSITION, AMENDMENT OR INITIATIVE APPEARS ON THE BALLOT, THEY SHOULD APPEAR ON THE FULL FACE OF THE EXISTING BALLOT. THE BALLOT SHALL BE DIVIDED IN ORDER THAT ANY QUESTION PRESENTED TO THE VOTERS SHALL APPEAR BEGINNING AT A SEPARATE PORTION OF THE BALLOT, DIVIDED FROM THE PORTION LISTING OFFICES AND CANDIDATES BY A HEAVY BLACK LINE. WHEN A QUESTION OR PROPOSAL APPEARS ON THE BACK OF THE BALLOT, THERE SHALL APPEAR AN INDORSEMENT ON THE FRONT OF THE BALLOT STATING: "TURN OVER TO CONTINUE VOTING". THE BALLOT SHALL, IN ADDITION, CONTAIN A GRAPHIC APPROVED BY THE STATE BOARD OF ELECTIONS DEMONSTRATING THE FILLING IN OF THE YES OR NO OVAL. WRITTEN INSTRUCTIONS SHALL BE POSTED AT EACH ELECTION DISTRICT POLLING AREA IN MULTI COPIES. INDIVIDUAL INSTRUCTION SHEETS SHALL BE PROVIDED TO EACH VOTER EITHER AS A SEPARATE PAGE OR PRINTED UPON THE PRIVACY SLEEVE ISSUED WITH EACH BALLOT. EACH VOTER SHALL BE PRESUMED TO HAVE RECEIVED INSTRUCTIONS AS TO HOW TO PROPERLY COMPLETE THEIR BALLOT.S. 7847 4
8. CONSPICUOUSLY VISIBLE IN THE PRIVACY BOOTHS, AND AROUND THE VOTING MACHINE, THERE SHALL BE POSTED WRITTEN AND GRAPHIC INSTRUCTIONS AS TO HOW TO VOTE THE BALLOT, INCLUDING REMOVAL FROM THE PRIVACY SLEEVE, FEED- ING THE BALLOT INTO THE MACHINE AND THE FACT, RIGHT AND CONSEQUENCES OF AN "OVERVOTE". CORRECTIVE INSTRUCTIONS SHOULD LIKEWISE APPEAR ON THE POSTERS AND INDIVIDUAL PRINTED SHEETS. ALL PRIVACY SLEEVES SHALL HAVE THESE INSTRUCTIONS INDORSED UPON THE OUTER FACE OF SUCH SLEEVES. 9. CANDIDATES AND PARTIES SHALL BE LISTED ACROSS THE BALLOT IN COLUMNS AND OFFICES BY ROW. WHERE THE BALLOT REQUIRES A SECOND ROW CONTAINING NAMES OF CANDIDATES NOMINATED FOR OFFICE BY AN INDEPENDENT BODY, THE ROWS ON THE BALLOT SHALL CONTAIN THE PARTY SYMBOL IN BOLD TO ENABLE THE VOTER TO DIFFERENTIATE AMONG PERSONS ON THE SAME COLUMN AND MULTIPLE CANDIDATES REPRESENTING DIFFERENT PARTIES. (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 AND THE BALLOTS 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 SUCH PARTY. (C) IF SUCH CANDIDATE HAS ALSO BEEN NOMINATED BY ONE OR MORE INDEPEND- ENT BODIES, HIS OR HER NAME SHALL APPEAR IN EACH ROW OR COLUMN CONTAIN- ING GENERALLY THE NAMES OF CANDIDATES FOR OTHER OFFICES NOMINATED BY ANY SUCH PARTY AND HIS OR HER NAME SHALL APPEAR IN EACH ROW OR COLUMN CONTAINING GENERALLY THE NAMES OF CANDIDATES FOR OTHER OFFICES NOMINATED BY ANY SUCH INDEPENDENT BODY. (D) IN THE EVENT THAT ANY CANDIDATE IS NOMINATED BY ONE OR MORE POLI- TICAL PARTY AND BY MORE THAN TWO INDEPENDENT BODIES, AND IT IS DETER- MINED BY THE BOARD OF ELECTIONS RESPONSIBLE FOR PREPARING AND PRINTING THE BALLOTS THAT IT IS NOT POSSIBLE TO FIT THE NUMBER OF INDEPENDENT BODIES MAKING NOMINATIONS ON THE FACE OF THE BALLOT, THEN 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 PRINTING BALLOTS. 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 DETER- MINE. (E) IF ANY PERSON SHALL BE NOMINATED FOR ANY OFFICE BY ONE PARTY AND ONE INDEPENDENT BODY, HIS OR HER NAME SHALL APPEAR ON THE VOTING MACHINE 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. (F) IF ANY PERSON IS NOMINATED FOR ANY OFFICE ONLY BY MORE THAN TWO INDEPENDENT BODIES, AND IT IS DETERMINED BY THE BOARD OF ELECTIONS RESPONSIBLE FOR PREPARING AND PRINTING THE BALLOTS THAT IT IS NOT POSSI- BLE TO FIT THE NUMBER OF INDEPENDENT BODIES MAKING NOMINATIONS ON THE FACE OF THE BALLOT, HIS OR HER NAME SHALL APPEAR BUT TWICE UPON THE MACHINE IN THE TWO ROWS OR COLUMNS 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 OFS. 7847 5
PRINTING BALLOTS, AND IN CONNECTION WITH HIS OR HER NAME THERE SHALL APPEAR THE NAME OF EACH INDEPENDENT BODY NOMINATING HIM OR HER. (G) WHERE THE CAPACITY OF THE MACHINE AND BALLOT WILL PERMIT, THE NAME OF SUCH PERSON SHALL APPEAR OR BE PLACED IN A COLUMN OR ON A HORIZONTAL LINE WITH THE NAMES OF PERSONS NOMINATED BY A PARTY OR INDEPENDENT BODY FOR OTHER OFFICES. 10. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, THE NAME OF A PERSON WHO IS NOMINATED FOR THE OFFICE OF GOVER- NOR, 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 OVAL OR VOTING SQUARE ON THE BALLOT AT EACH PLACE IN WHICH SUCH NAME SHALL APPEAR. 11. 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, REQUEST PERMISSION FROM THE STATE BOARD OF ELECTIONS TO REQUIRE THAT ONE OR MORE OF SUCH FEATURES SHALL BE USED IN SUCH COUNTY. UPON RECEIVING THE PERMISSION OF THE STATE BOARD OF ELECTIONS TO REQUIRE THE USE OF PARTICULAR FEATURES, ALL MACHINES OF SUCH TYPE USED IN SUCH COUNTY OR COUNTIES SHALL BE OPERATED IN CONFORMITY WITH ANY SUCH APPROVED RESOL- UTION. ANY SUCH RESOLUTION MAY THEREAFTER, WITH THE PERMISSION OF THE STATE BOARD OF ELECTIONS, BE RESCINDED BY SUCH BOARD. 12. 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 7-105. BALLOTS, PRINTING OF ADEQUATE SUPPLIES. 1. IN ORDER TO PREVENT WASTE OR FRAUD, THE NUMBER OF BALLOTS PRINTED IN ENGLISH SHALL BE DETERMINED BY THE STATE BOARD OF ELECTIONS AND CERTIFIED FOR EACH ELECTION DISTRICT AS FOLLOWS: (A) FOR A PRIMARY ELECTION THE NUMBER OF BALLOTS PRINTED SHALL BE AT LEAST TEN PERCENT GREATER AND NO MORE THAN FIFTEEN PERCENT GREATER THAN THE TOTAL NUMBER OF VOTES CAST FOR THE HIGHEST STATEWIDE OFFICE OR PRES- IDENTIAL OFFICE, WHICHEVER IS THE GREATER IN EACH PARTY'S LAST PRIMARY ELECTION; (B) FOR EACH GENERAL ELECTION THE NUMBER OF BALLOTS PRINTED SHALL BE AT LEAST TWENTY PERCENT GREATER THAN THE TOTAL AMOUNT OF VOTES CAST IN THE MOST RECENT GENERAL ELECTION IN WHICH VOTES WERE CAST FOR THE ELEC- TORS FOR PRESIDENT OF THE UNITED STATES. (C) FOR EACH SPECIAL ELECTION, THE NUMBER OF BALLOTS PRINTED SHALL BE AT LEAST FIFTEEN PERCENT GREATER THAN THE NUMBER OF VOTES CAST FOR THAT PARTICULAR OFFICE IN THE MOST RECENT GENERAL ELECTION. 2. IN THOSE COUNTIES WHICH FEDERAL LAW REQUIRES THE BALLOTS PROVIDED TO BE IN A LANGUAGE OTHER THAN ENGLISH, EACH BALLOT SHALL BE TWO SIDED WITH ENGLISH ON ONE SIDE AND THE OTHER SIDE IN ONE OF EACH OF THE ADDI- TIONAL LANGUAGES REQUIRED, SO THAT EACH VERSION OF THE BALLOT SHALL CONTAIN ENGLISH ON ONE SIDE AND ONE OTHER LANGUAGE ON THE OBVERSE. THE NUMBER OF BI-LINGUAL BALLOTS TO BE PRINTED SHALL BE GOVERNED BY THE PROVISIONS OF THIS SECTION. 3. EACH COUNTY BOARD OF ELECTIONS IN SUCH COUNTIES SHALL INSTRUCT INSPECTORS IN PERSON AND IN THEIR TRAINING MANUAL AS TO THE PROCEDURES TO BE FOLLOWED TO ENSURE THAT EACH VOTER RECEIVES THE APPROPRIATE LANGUAGE BALLOT. WHERE REQUIRED BY FEDERAL LAW, NO VOTER MAY BE DENIED A BI-LINGUAL BALLOT IF SUCH IS DEMANDED.S. 7847 6
4. LOCAL BOARDS OF ELECTIONS SHALL HAVE AVAILABLE AT LEAST FIFTEEN DAYS PRIOR TO THE ELECTION, THE NUMBER OF EACH LANGUAGE BALLOT, OTHER THAN ENGLISH THAT IT HAS PRINTED AND ON HAND. 5. NO LOCAL BOARD OF ELECTIONS SHALL ISSUE OR MAKE ANY REGULATION OR PROCEDURE AS TO MULTI-LINGUAL BALLOTS WITHOUT EXPRESS AUTHORITY AND APPROVAL FROM THE STATE BOARD OF ELECTIONS. 6. WHERE A COURT OF COMPETENT JURISDICTION HAS ISSUED AN ORDER ADDING OR REMOVING A CANDIDATE OR PROPOSITION, AMENDMENT OR INITIATIVE FROM THE BALLOT, SUCH CHANGE TO THE BALLOT MAY NOT BE MADE IN SUCH A WAY AS TO RENDER THE BALLOT UNREADABLE. 7. WHERE A CANDIDATE OR PROPOSITION, AMENDMENT OR INITIATIVE, IS ORDERED BY A COURT OF COMPETENT JURISDICTION TO APPEAR UPON THE BALLOT, THE ADJUSTED BALLOT SHALL BEAR THE NAME OR PROPOSITION, AMENDMENT OR INITIATIVE IN THE POSITION AND IN THE SAME FORM AS IT WOULD BE IF IT HAD BEEN ORIGINALLY PLACED ON THE BALLOT. IN A GENERAL ELECTION THE NAME OR PROPOSITION AMENDMENT OR INITIATIVE SHALL APPEAR IN THE PREVIOUSLY EMPTY PLACE ON THE BALLOT OCCASIONED BY THE REMOVAL. IN SUCH CASES IN WHICH THE PRINTED BALLOTS FAIL TO CONTAIN THE NAME OF A CANDIDATE, AFTER THE ISSUANCE OF AN ORDER OF THE COURT REQUIRING ITS PLACEMENT ON THE BALLOT, THE PRIMARY ELECTION SHALL BE VOIDABLE BY FURTHER ORDER OF THE COURT, UPON A SHOWING THAT THE OUTCOME OF THE ELECTION WOULD HAVE BEEN THE ELECTION OF THE PERSON ERRONEOUSLY DEPRIVED OF A PLACE ON THE BALLOT IN A PROCEEDING UNDER ARTICLE SIXTEEN OF THIS CHAPTER. IN SUCH CASES IN WHICH THE PRINTED BALLOT FAILS TO CONTAIN THE NAME OF A CANDIDATE OR PROPOSITION, AMENDMENT OR INITIATIVE, AFTER THE ISSUANCE OF AN ORDER OF THE COURT, THE GENERAL ELECTION SHALL BE VOIDABLE BY FURTHER ORDER OF THE COURT, UPON A SHOWING THAT THE OUTCOME OF THE ELECTION WAS MATE- RIALLY ALTERED BY THE FAILURE TO INCLUDE THE NAME OF THE CANDIDATE, OR PROPOSITION, AMENDMENT OR INITIATIVE, ON THE BALLOT, IN A PROCEEDING UNDER ARTICLE SIXTEEN OF THIS CHAPTER. S 2. This act shall take effect January 1, 2015.