§ 8-312 — Voting; election day paper ballots, marking and casting, delivery to voter

New York § 8-312

• Jurisdiction: New York
• Law ELN: Election
• Title 3: Casting the Ballot
• Art. 8: Conduct of Elections

Text

§ 8-312. Voting; election day paper ballots, marking and casting,\ndelivery to voter. 1. On receiving his or her ballot, the voter\nforthwith shall retire alone, unless he or she is entitled to assistance\nin voting or is accompanied by a child under sixteen years of age, to an\nunoccupied privacy booth and mark his or her ballot using a writing\ninstrument supplied by the board of elections. He or she shall not\noccupy a privacy booth more than five minutes if other voters are\nwaiting to occupy it. If the voter wrongly marks, defaces or tears a\nballot, he or she may successively obtain others, one ballot at a time,\nnot exceeding three ballots in all, upon returning to the inspectors or\nclerks each ballot already received.\n 2. When the voter shall have marked the ballot, he or she shall leave\nthe privacy booth with the ballot, proceed at once to the ballot\nscanner, insert such ballot into the ballot scanner and wait for the\nnotice that the ballot has been successfully scanned. If no such notice\nappears, the voter shall seek the assistance of an election inspector.\n 3. Upon voting, the voter forthwith shall pass outside the guardrail,\nunless he or she is a person authorized to remain for other purposes\nthan voting.\n 4. When a person shall have received a paper ballot from any clerk, or\ninspector, as hereinbefore provided, he or she shall be deemed to have\ncommenced the act of voting, and if, after receiving such official\nballot, he or she shall leave the space inclosed by the guard-rail\nbefore the deposit of his or her ballot in the ballot scanner, ballot\nbox or other secure storage container, as hereinbefore provided, he or\nshe shall not be entitled to pass again within the guard-rail for the\npurpose of voting, or to receive any further ballots.\n 5. No ballot without the official indorsement shall be allowed to be\ndeposited in the ballot scanner or, when a ballot scanner is inoperable\nor otherwise unable to scan the ballot, in a ballot box or other secure\nstorage container except for emergency ballots as provided in\nsubdivision two of section 7-120 of this chapter. No person to whom any\nelection day paper ballot shall be delivered shall leave the space\nwithin the guard-rail until after he or she shall have scanned the\nballot, deposited the ballot in a ballot box or other secure storage\ncontainer or delivered the ballot back to the inspectors or to the\nclerks.\n 6. Election day paper ballots being used with optical scan voting\nsystems or intended to be counted by hand pursuant to subdivision one of\nsection 7-200 of this chapter shall be delivered to the voter in a\nmanner consistent with the rules and regulations promulgated by the\nstate board of elections.\n