§ 7-104 — Ballots; form of

§ 7-104. Ballots; form of. 1. All ballots shall be printed and/or\ndisplayed in a format and arrangement, of such uniform size and style as\nwill fit the ballot, and shall be in as plain and clear a type or\ndisplay as the space will reasonably permit, using only sans serif print\nfonts. Such type or display on the ballot shall satisfy all requirements\nand standards set forth pursuant to the federal Help America Vote Act.\n 2. The names of parties or independent bodies which contain more than\nfifteen letters may, whenever limitations of space so require, be\nprinted on the ballot in an abbreviated form. In printing the names of\ncandidates whose full names contain more than fifteen letters, only the\nsurname must be printed in full. The officer or board charged with the\nduty of certifying the candidates for such office shall request each\nsuch candidate to indicate, in writing, the shortened form in which,\nsubject to this restriction, his or her name shall be printed. If no\nsuch indication is received from such candidate within the time\nspecified in the request, such officer or board shall make the necessary\ndetermination.\n 3. (a) The party name or other designation shall be affixed to the\nname of each candidate, or, in case of presidential electors, to the\nnames of the candidates for president and vice-president of such party.\n (b) A column/row designating number may be affixed to the name of each\ncandidate, or in the case of presidential electors, to the names of the\ncandidates for president and vice-president of such party.\n (c) The titles of offices may be arranged horizontally, with the names\nof candidates for an office and the space, slot or device for write-in\nvotes for such office arranged vertically under the title of the office,\nor the titles of offices may be arranged vertically, with the names of\ncandidates for an office and the space, slot or device for write-in\nvotes for such office arranged horizontally opposite the title of the\noffice.\n (d) Each office shall occupy as many columns or rows on the ballot as\nthe number of candidates to be elected to that office, except where\ncandidate placements due to cross endorsements require additional\ncolumns or rows.\n 4. (a) The names of all candidates nominated by any party or\nindependent body for an office shall always appear in the row or column\ncontaining generally the names of candidates nominated by such party or\nindependent body for other offices except as hereinafter provided.\n (b) When the same person has been nominated for an office to be filled\nat the election by more than one party, the voting machine shall be so\nadjusted that his or her name shall appear in each row or column\ncontaining generally the names of candidates for other offices nominated\nby any such party.\n (c) If such candidate has also been nominated by one or more\nindependent bodies, his or her name shall appear only in each row or\ncolumn containing generally the names of candidates for other offices\nnominated by any such party and the name of each such independent body\nshall appear in one such row or column to be designated by the candidate\nin a writing filed with the officer or board charged with the duty of\ncertifying the candidates for such office, or if such person shall fail\nto so designate, the names of such independent bodies shall appear in\nsuch row or column as such officer or board shall determine.\n (d) If any person shall be nominated for any office by one party and\ntwo or more independent bodies his or her name shall appear on the\nballot twice; once in the row or column containing generally the names\nof candidates for other offices nominated by such party, and once in the\nrow or column containing generally the names of candidates nominated by\nthe independent body designated by such person in a writing filed with\nthe officer or board charged with the duty of certifying the candidates\nfor such office and in connection with the name of such person in such\nrow or column shall appear the name of each independent body nominating\nhim or her or, if such person shall fail to so designate, the name of\nsuch candidate and the names of such independent bodies shall appear in\nsuch row or column as such officer or board shall determine.\n (e) If any person is nominated for any office only by more than one\nindependent bodies, his or her name shall appear but once upon the\nmachine in one such row or column to be designated by the candidate in a\nwriting filed with the officer or board charged with the duty of\nproviding ballots, or if the candidate shall fail to so designate, in\nthe place designated by the officer or board charged with the duty of\ncertifying the candidates for such office, and in connection with his or\nher name there shall appear the name of each independent body nominating\nhim or her, but, where the capacity of the ballot will permit, the name\nof such person shall not appear or be placed in a column or on a\nhorizontal line with the names of persons nominated by a party for other\noffices.\n 5. Notwithstanding the provisions of subdivision four of this section,\nthe name of a person who is nominated for the office of governor, or\nstate senator, or member of assembly, shall appear on the ballot as many\ntimes as there are parties or independent bodies nominating him or her,\nand there shall be a separate voting position at each place in which\nsuch name shall appear.\n 6. If any type of machine used in any county or city contains any\nfeature approved by the state board of elections, the use of which is\nneither required nor prohibited by the provisions of this chapter, the\nboard of elections may, by resolution, require that one or more of such\nfeatures shall be used in such county. Thereafter all machines of such\ntype used in such county or city shall be operated in conformity with\nany such resolution. Any such resolution may thereafter be rescinded by\nsuch board and after being so rescinded may be re-adopted. Once\nre-adopted by any board of elections, such a resolution may not be\nrescinded again by such board.\n 7. The ballot shall have printed upon it in black ink for each party\nor independent row, at the head of the column or the beginning of the\nrow containing the names of candidates, the name of the party or\nindependent body and the designating letter of the row or column.\n 8. With respect to candidates for the offices of governor and\nlieutenant governor of a party or independent body, ballots shall be\nprinted so that the names of such candidates for both offices shall\nappear in the same row or column, with the name of the candidate for\ngovernor appearing first and the ballot shall be so adjusted that both\noffices are voted for jointly and have but one designating number if\nsuch column/row designating numbers are utilized.\n 9. In those counties in which ballots are required by federal law, or\notherwise, to be provided in a language other than English, there shall\nbe versions of the ballot printed in English and in each of the\nadditional languages required so that each version of the ballot shall\ncontain English and no more than two other languages. The county board\nof elections in such counties shall instruct, in their poll worker\ntraining and materials, the procedures to be followed to ensure that\neach voter receives a ballot with the appropriate language as determined\nby the state board.\n 10. Each ballot shall contain instructions for marking the ballot. The\ninstructions shall be printed in line lengths no wider than five inches.\nBallot instructions may be printed on the front or back of the ballot or\non a separate sheet or card. If such instructions are not printed on the\nfront of the ballot, there shall be printed on the ballot, in the\nlargest size type practicable, the following legend: "See instructions\non the other side" or "See instructions (insert where instructions are\nfound)", whichever is appropriate.\n 11. (a) The offices appearing on all ballots shall be listed in the\norder of precedence, as applicable to the offices up for election in any\ngiven year, as follows: electors for president and vice-president of the\nUnited States, governor and lieutenant governor, New York state\ncomptroller, New York state attorney general, United States senator,\nmember of the house of representatives, New York state senator, member\nof the New York state assembly. Any office which is not listed in this\nparagraph shall not appear on the ballot in a position before or ahead\nof an office which is listed.\n (b) Immediately following the offices in paragraph (a) of this\nsubdivision, all other offices shall be placed upon the ballot in the\ncustomary order; provided, further, that partisan offices regardless of\nthe size of the constituency shall be listed before or ahead of\nnonpartisan offices and all candidates for judicial offices shall follow\nall other partisan offices.\n 12. If two or more candidates are nominated for the same office for\ndifferent terms, the term for which each is nominated shall be printed\nas a part of the title of the office.\n 13. The text for ballot instructions shall be substantially as\nfollows, so that it accurately reflects the ballot layout:\n INSTRUCTIONS\nMark the (insert "oval" or "square") to the left of the name of your\nchoice. (Provide illustration of correctly-marked voting position here.)\nTo vote for a candidate whose name is not printed on the ballot, (insert\n"mark the oval (or square) to the left of 'write-in' and print the name\nclearly" or "print the name clearly in the box labeled 'write-in'"),\nstaying within the box. Any mark or writing outside the spaces provided\nfor voting may void the entire ballot. The number of choices is listed\nfor each contest. Do not mark the ballot for more candidates than\nallowed. If you do, your vote in that contest will not count. If you\nmake a mistake, or want to change your vote, ask a poll worker for a new\nballot.\n 14. The state board of elections shall provide line drawing\nillustrations to supplement these instructions. At a minimum, an\nillustration of the correct way to mark the ballot shall be provided,\nbut nothing in this section shall be construed to limit the board in\nproviding additional illustrations.\n 15. When a question or proposal is included on the ballot,\ninstructions substantially like the following shall be included:\n Instructions for Voting on Questions and Proposals\nTo vote on a question or proposal, mark the (insert "oval" or "square")\nto the (insert "left", "above" or "below") of your choice. If you make a\nmistake, or want to change your vote, ask a poll worker for a new\nballot.\n 16. When a question or proposal appears on the back of the ballot,\nthere shall appear on the front of the ballot words or a symbol\nindicating that the voter should turn over the ballot.\n 17. The voting oval or square shall be to the left of the name of the\ncandidate.\n 18. All text, including the name of each candidate as provided in\nsubdivision three of this section, shall be printed using standard\ncapitalization in accordance with instructions provided by the state\nboard of elections and shall not be printed using all capital letters.\n 19. The ballot shall use one font or font family with enough\nvariations for all text needs.\n 20. "Vote for one" or "Vote for up to ......" (the blank space to be\nfilled with the number of persons to be nominated for the office or\nelected to the position), as applicable, shall be printed immediately\nbelow each office title appearing on the ballot.\n 21. No party emblems shall be printed on the ballot.\n 22. The names of candidates for the same office shall appear on the\nsame page and in the same column or columns or row or rows of that page\nof a printed ballot, and may not be separated by a perforation.\n 23. All text, including the title of each office and the name of each\ncandidate, shall be printed flush left and shall not be centered on the\nballot or in any column or row appearing on the ballot; provided\nhowever, in a multi-column or multi-row contest, the title and number of\nallowable selections to be made for each such office may be centered.\n 24. If used, shading shall be used consistently, so as to\ndifferentiate instructions from ballot section dividers and contest\ninformation.\n 25. Above, below, or to the right of the name of each candidate, shall\nbe printed, in less prominent type face than that in which the\ncandidate's name is printed, the name of the political party or\nindependent body by which the candidate was nominated or designated.\n 26. All paper ballots of the same kind for the same polling place\nshall be identical.\n 27. To the extent practicable, the ballot shall also comply with the\nfollowing specifications:\n (a) The instructions in subdivision ten of this section shall be\nprinted in the upper left hand corner of the front of the ballot;\n (b) The name of each candidate shall be printed using a font size of\nnot less than nine points;\n (c) When the instructions are contained on the ballot, there shall be\na clear delineation between the ballot instructions and the first office\nor ballot question or proposal through the use of white space,\nillustration, shading, color, font size, or bold type.\n