§ 9-112 — Canvass ballots; validity of ballot

New York § 9-112

• Jurisdiction: New York
• Law ELN: Election
• Title 1: Canvass At Polling Places
• Art. 9: Canvass of Results

Text

§ 9-112. Canvass ballots; validity of ballot. 1. The whole ballot is\nvoid if the voter (a) does any act extrinsic to the ballot such as\nenclosing any paper or other article in the folded ballot or (b) defaces\nor tears the ballot except that a ballot card which is in perforated\nsections shall not be void because it has been separated into sections\nor (c) makes any erasure thereon or (d) makes any mark thereon other\nthan a cross X mark or a check V mark in a voting square, or filling in\nthe voting square, or (e) writes, other than in the space provided, a\nname for the purpose of voting; except that an erasure or a mark other\nthan a valid mark made in a voting square shall not make the ballot\nvoid, but shall render it blank as to the office, party position or\nballot proposal in connection with which it is made. No ballot shall be\ndeclared void or partially blank because a mark thereon is irregular in\nform. The term "voting square" shall include the voting space provided\nfor a voter to mark his or her vote for a candidate or ballot proposal.\n 2. A cross X mark or a check V mark, made by the voter, in a voting\nsquare at the left of a candidate's name, or the voter's filling in such\nvoting square, shall be counted as a vote for such candidate.\n 3. A vote shall be counted for a person whose name is written in under\nthe title of an office or party position only if such name is written by\nthe voter upon the ballot in the proper space provided therefor and only\nif such name is not printed under the title of such office or position.\nA voting mark before or after such written in name shall not invalidate\nthe vote.\n 4. If, in the case of a candidate whose name appears on the ballot\nmore than once for the same office, the voter shall make a cross X mark\nor a check V mark in each of two or more voting squares before the\ncandidate's name, or fill in two or more such voting squares only the\nfirst vote shall be counted for such candidate. If such vote was cast\nfor the office of governor, such vote shall not be recorded in the tally\nsheet or returns in a separate place on the tally sheet as a vote not\nfor any particular party or independent body.\n 5. If a voter makes a cross X mark or a check V mark in a voting\nsquare following the word "Yes" or the word "No", before a ballot\nproposal, or fills in such square, such mark shall be counted in the\naffirmative or negative, as so indicated.\n 6. If the voter marks more names than there are persons to be elected\nor nominated for an office, or elected to a party position, or makes a\nmark in a place or manner not herein provided for, or if for any reason\nit is impossible to determine the voter's choice of a candidate or\ncandidates for an office or party position or his or her vote upon a\nballot proposal, his or her vote shall not be counted for such office or\nposition or upon the ballot proposal, but shall be returned as a blank\nvote thereon.\n