S T A T E O F N E W Y O R K
________________________________________________________________________
4202
2017-2018 Regular Sessions
I N A S S E M B L Y
February 1, 2017
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Election Law
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REPEALED and two new sections 7-104 and 7-105 are added to read as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:
§ 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01730-01-7
A. 4202 2
TIONS. IF NOT, THEN SUCH AMENDMENTS, INITIATIVES OR PROPOSITIONS SHALL
BE UPON A SEPARATE BALLOT SHEET. SUCH TYPE OR DISPLAY ON THE BALLOT
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
A. 4202 3
OF SUCH NOTICE, SUCH OFFICER OR BOARD SHALL MAKE THE NECESSARY DETERMI-
NATION.
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
A. 4202 4
SHALL BE PRESUMED TO HAVE RECEIVED INSTRUCTIONS AS TO HOW TO PROPERLY
COMPLETE THEIR BALLOT.
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
A. 4202 5
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
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.
§ 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
A. 4202 6
LANGUAGE BALLOT. WHERE REQUIRED BY FEDERAL LAW, NO VOTER MAY BE DENIED A
BI-LINGUAL BALLOT IF SUCH IS DEMANDED.
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.
§ 2. This act shall take effect January 1, 2018.