S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3389
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M.  of  A.  KAVANAGH, HEVESI, PEOPLES-STOKES, ROSENTHAL,
         SCHIMEL, LUPARDO, QUART, BUCHWALD, JAFFEE, WEPRIN,  COLTON,  STECK  --
         Multi-Sponsored by -- M. of A.  BROOK-KRASNY, GOTTFRIED, PERRY, RODRI-
         GUEZ -- read once and referred to the Committee on Election Law
       AN  ACT  to  amend  the  election law, in relation to enacting the voter
         friendly ballot act; and to repeal section 7-126 of such law  relating
         to the form of ballots
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title.  This act shall be known and may be  cited  as
    2  the "voter friendly ballot act".
    3    S  2. Paragraph a of subdivision 3 and paragraph b of subdivision 4 of
    4  section 7-102 of the election law, as added by chapter 371 of  the  laws
    5  of 1990, are amended to read as follows:
    6    a.  In  the event that a candidate in a primary election believes that
    7  the name of another candidate for the same office or  position  at  such
    8  election is sufficiently similar to his OR HERS so as to cause confusion
    9  among the voters, such candidate may, not later than five days after the
   10  last day to file the certificates or petitions of designation, file with
   11  the  board  of  elections  with  which such certificates or petitions of
   12  designation are filed, a request that such board determine that  such  a
   13  sufficient similarity exists.
   14    b. Each candidate for an office or position for which such numbers are
   15  assigned  may  file  with such board, not later than fourteen days after
   16  such determination, any or all of the information permitted by paragraph
   17  a of this subdivision in the form in which such  candidate  wishes  such
   18  information  to  appear  in  such leaflet. If such board determines that
   19  such filing does not comply with the requirements of  this  subdivision,
   20  it  shall  notify  such  candidate  forthwith  by first class mail. Such
   21  candidate may file revised information with such board  not  later  than
   22  ten  days  after  such notice was mailed. If a candidate does not make a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04422-01-5
       A. 3389                             2
    1  filing within the times prescribed by  this  paragraph,  the  words  "no
    2  information supplied" shall appear next to his OR HER name on such leaf-
    3  let.
    4    S  3.  Section 7-104 of the election law, as amended by chapter 165 of
    5  the laws of 2010, is amended to read as follows:
    6    S 7-104. Ballots; form of, voting machine. 1.  All  ballots  shall  be
    7  printed  and/or  displayed  in a format and arrangement, of such uniform
    8  size and style as will fit the ballot [frame], and shall be in as  plain
    9  and  clear  a type or display as the space will reasonably permit, USING
   10  ONLY SANS SERIF PRINT FONTS. Such type or display on  the  ballot  shall
   11  satisfy all requirements and standards set forth pursuant to the federal
   12  Help America Vote Act.
   13    2.  The names of parties or independent bodies which contain more than
   14  fifteen letters may, whenever limitations of space so require, be print-
   15  ed on the ballot in an abbreviated form. In printing the names of candi-
   16  dates whose full names contain  more  than  fifteen  letters,  only  the
   17  surname  must  be printed in full. The officer or board charged with the
   18  duty of preparing the ballots shall request each such candidate to indi-
   19  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
   20  restriction,  his OR HER name shall be printed. If no such indication is
   21  received from such candidate within the time specified in  the  request,
   22  such officer or board shall make the necessary determination.
   23    3.  (a)  The party name or other designation, and a designating letter
   24  and number shall be affixed to the name of each candidate, or,  in  case
   25  of  presidential  electors, to the names of the candidates for president
   26  and vice-president of such party, EXCEPT IN  THE  CITY  OF  NEW  YORK  A
   27  DESIGNATING  LETTER  AND NUMBER NEED NOT BE SO AFFIXED ON A BALLOT FOR A
   28  PRIMARY ELECTION.
   29    (b) The titles of offices may be arranged horizontally, with the names
   30  of candidates for an office and the slot or device for write-in  ballots
   31  for  such  office  arranged vertically under the title of the office, or
   32  the titles of offices may be arranged  vertically,  with  the  names  of
   33  candidates for an office and the slot or device for write-in ballots for
   34  such office arranged horizontally opposite the title of the office.
   35    (c) Each office shall occupy as many columns or rows on the machine as
   36  the number of candidates to be elected to that office.
   37    4. (a) The names of all candidates nominated by any party or independ-
   38  ent body for an office shall always appear in the row or column contain-
   39  ing  generally  the names of candidates nominated by such party or inde-
   40  pendent body for other offices except as hereinafter provided.
   41    (b) When the same person has been nominated for an office to be filled
   42  at the election by more than one party, the voting machine shall  be  so
   43  adjusted  that  his  or  her  name  shall  appear  in each row or column
   44  containing generally the names of candidates for other offices nominated
   45  by any such party.
   46    (c) If such candidate has also been nominated by one or more independ-
   47  ent bodies, his or her name shall appear only  in  each  row  or  column
   48  containing generally the names of candidates for other offices nominated
   49  by  any  such  party  and  the  name of each such independent body shall
   50  appear in one such row or column to be designated by the candidate in  a
   51  writing filed with the officer or board charged with the duty of provid-
   52  ing  ballots, or if such person shall fail to so designate, the names of
   53  such independent bodies shall appear in such row or column as such offi-
   54  cer or board shall determine.
   55    (d) If any person shall be nominated for any office by one  party  and
   56  two  or  more  independent  bodies  his  or her name shall appear on the
       A. 3389                             3
    1  voting machine twice; once in the row or column containing generally the
    2  names of candidates for other offices nominated by such party, and  once
    3  in  the row or column containing generally the names of candidates nomi-
    4  nated  by  the  independent  body designated by such person in a writing
    5  filed with the officer or board  charged  with  the  duty  of  providing
    6  ballots  and  in  connection with the name of such person in such row or
    7  column shall appear the name of each independent body nominating him  or
    8  her  or,  if  such  person  shall fail to so designate, the name of such
    9  candidate and the names of such independent bodies shall appear in  such
   10  row or column as such officer or board shall determine.
   11    (e)  If  any  person is nominated for any office only by more than one
   12  independent bodies, his or her name  shall  appear  but  once  upon  the
   13  machine in one such row or column to be designated by the candidate in a
   14  writing filed with the officer or board charged with the duty of provid-
   15  ing  ballots,  or  if  the  candidate shall fail to so designate, in the
   16  place designated by the officer  or  board  charged  with  the  duty  of
   17  providing  ballots,  and  in connection with his or her name there shall
   18  appear the name of each independent body nominating  him  or  her,  but,
   19  where  the  capacity of the machine will permit, the name of such person
   20  shall not appear or be placed in a column or on a horizontal  line  with
   21  the names of persons nominated by a party for other offices.
   22    5. Notwithstanding the provisions of subdivision four of this section,
   23  the  name  of  a  person who is nominated for the office of governor, or
   24  state senator, or member of assembly, shall appear on the ballot as many
   25  times as there are parties or independent bodies nominating him or  her,
   26  and  there  shall  be  a  separate voting and registering device at each
   27  place in which such name shall appear.
   28    6. If any type of machine used in any  county  or  city  contains  any
   29  feature,  the  use  of  which  is neither required nor prohibited by the
   30  provisions of this chapter, the board of elections may,  by  resolution,
   31  require  that one or more of such features shall be used in such county.
   32  Thereafter all machines of such type used in such county or  city  shall
   33  be  operated in conformity with any such resolution. Any such resolution
   34  may thereafter be rescinded by such board and after being  so  rescinded
   35  may  be  re-adopted.  Once  re-adopted by any board of elections, such a
   36  resolution may not be rescinded again by such board.
   37    7. The ballot shall have printed upon it in black ink for  each  party
   38  or  independent  row,  at the head of the column or the beginning of the
   39  row containing the names of candidates, [the image of a closed fist with
   40  index finger extended pointing to the party or independent row.  In  the
   41  same space, in black letters as large as the space will permit, shall be
   42  printed]  the name of the party or independent body [and at the right of
   43  the fist and below the index finger shall be printed in  black  ink  the
   44  emblem] and the designating [letters] LETTER of the row or column.
   45    8. With respect to candidates for the offices of governor and lieuten-
   46  ant governor of a party or independent body, ballots shall be printed so
   47  that  the  names of such candidates for both offices shall appear in the
   48  same row or column, with the name of the candidate for governor  appear-
   49  ing  first  and  the  ballot  shall be so adjusted that both offices are
   50  voted for jointly and have but one designating letter or number.
   51    S 4. Section 7-106 of the election law, the section heading and subdi-
   52  visions 1, 3, 4, 5, 6, and 7 as amended and subdivisions 8, 9, 10 and 11
   53  as renumbered by chapter 165 of the laws of 2010, is amended to read  as
   54  follows:
   55    S  7-106.  [Election day paper ballots; form of] BALLOTS; FORM OF, FOR
   56  BALLOT SCANNERS;  GENERAL,  PRIMARY,  OR  SPECIAL  ELECTIONS.  1.  Paper
       A. 3389                             4
    1  ballots  which  are to be counted by a ballot scanner may consist of two
    2  or more sheets which are divided into perforated sections which  can  be
    3  separated  at  the  time  the  ballot  is scanned. Such ballots shall be
    4  printed  on  paper of a quality, size, color, and weight approved by the
    5  state board of elections, AND  SHALL  BE  CLEARLY  DISTINGUISHABLE  FROM
    6  SAMPLE BALLOTS BY SIZE, COLOR, OR OTHER MEANS.
    7    2.  [All  paper  ballots  of  the same kind for the same polling place
    8  shall be identical. A different, but in each case uniform style and size
    9  of type, shall be used for printing the names of candidates, the  titles
   10  of  offices,  political  designations, and the reading form of all ques-
   11  tions submitted. The names of candidates shall  be  printed  in  capital
   12  letters  in black-faced type.] BEFORE EACH STATEWIDE ELECTION, THE STATE
   13  BOARD OF ELECTIONS SHALL PUBLISH AND DISTRIBUTE TO THE COUNTY BOARDS  OF
   14  ELECTIONS  A  SAMPLE MASTER TEMPLATE OF THAT PORTION OF THE BALLOT WHICH
   15  RELATES TO STATEWIDE OFFICES.
   16    3. ALL TYPE SHALL BE SANS SERIF. NAMES OF CANDIDATES  SHALL  BE  IN  A
   17  UNIFORM STYLE AND SIZE OF TYPE USING STANDARD CAPITALIZATION.  TITLES OF
   18  OFFICES  SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE.  POLITICAL DESIG-
   19  NATIONS SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE. THE  FORM  OF  ALL
   20  QUESTIONS SUBMITTED SHALL BE IN A UNIFORM STYLE AND SIZE OF TYPE.
   21    4.  Each  ballot shall be printed on the sheet with a stub which shall
   22  be separated therefrom by a line of perforations  extending  across  the
   23  entire ballot. On the face of the stub shall be printed "No........" the
   24  blank  to  be  filled  with consecutive number of ballots beginning with
   25  "No. 1", and increasing in regular numerical order.
   26    [4.] 5. On such ballot shall be printed the following indorsement, the
   27  blanks properly filled in:
   28  Official Ballot for (General, Primary or Special, as  applica-
   29  ble)
   30  Election
   31  County of ........................
   32  (Assembly    or    Legislative,    as   applicable)   District
   33  .....................
   34  (Ward  and  City  or  town  ..................,  as   applica-
   35  ble)............
   36  Election District ...........................
   37  (Insert date of election.)
   38  (Insert names of election commissioners providing the ballot.)
   39    [5.  The following ballot instructions shall be printed in heavy black
   40  type:
   41                                INSTRUCTIONS
   42    (1) Mark only with a writing  instrument  provided  by  the  board  of
   43  elections.
   44    (2)  To vote for a candidate whose name is printed on this ballot fill
   45  in the (insert oval or square, as applicable) above or next to the  name
   46  of the candidate.
   47    (3)  To  vote  for  a  person whose name is not printed on this ballot
   48  write or stamp his or her name in  the  space  labeled  "write-in"  that
   49  appears  (insert  at  the bottom of the column, the end of the row or at
   50  the bottom of the candidate names, as applicable) for such office  (and,
   51  if  required  by  the  voting  system  in  use  at  such  election,  the
   52  instructions shall also include "and fill in the (insert oval or square,
       A. 3389                             5
    1  as applicable) corresponding with the write-in space in which  you  have
    2  written in a name").
    3    (4)  To  vote  yes  or  no  on a proposal, if any, that appears on the
    4  (indicate where on the ballot the  proposal  may  appear)  fill  in  the
    5  (insert oval or square, as applicable) that corresponds to your vote.
    6    (5)  Any  other  mark  or  writing, or any erasure made on this ballot
    7  outside the voting squares or blank spaces provided for voting will void
    8  this entire ballot.
    9    (6) Do not overvote. If you select a greater number of candidates than
   10  there are vacancies to be filled, your ballot  will  be  void  for  that
   11  public office, party position or proposal.
   12    (7) If you tear, or deface, or wrongly mark this ballot, return it and
   13  obtain  another.  Do  not  attempt  to correct mistakes on the ballot by
   14  making erasures or cross outs. Erasures or cross outs may invalidate all
   15  or part of your ballot. Prior to submitting your ballot, if you  make  a
   16  mistake  in completing the ballot or wish to change your ballot choices,
   17  you may obtain and complete a new ballot. You have a right to a replace-
   18  ment ballot upon return of the original ballot.
   19    (8) After completing your ballot, insert it into  the  ballot  scanner
   20  and  wait for the notice that your ballot has been successfully scanned.
   21  If no such notice appears, seek the assistance of an election inspector.
   22    6. The instructions in subdivision five of this section may be printed
   23  on the front or back of the ballot or on a separate sheet  or  card.  If
   24  such  instructions  are  not  printed  on the front of the ballot, there
   25  shall be printed on the ballot, in the largest size type for which there
   26  is room, the following legend: "See instructions on the other  side"  or
   27  "See enclosed instructions", whichever is appropriate.
   28    7.  Each  such ballot shall be printed in sections in which the candi-
   29  dates' names and political designations, the ballot proposals and  other
   30  requisite  matter  shall  each  be boxed in by heavy black perpendicular
   31  lines of equal width. In each such section  shall  be  voting  ovals  or
   32  squares  which voters may fill in. If applicable, ovals or squares shall
   33  be provided next to the blank spaces provided for a voter to write in  a
   34  name.
   35    8.  The  space for the title of an office shall be three-eighths of an
   36  inch, and the name of a candidate or for writing in a  name,  one-fourth
   37  of  an inch, in depth. At the left of the name of each designated candi-
   38  date shall be an enclosed voting space,  three-eighths  of  an  inch  in
   39  width  and  approximately one-fourth of an inch in depth, bounded above,
   40  below and to the right by black lines, heavier than those which separate
   41  the spaces containing the names of candidates. To  the  left  of  voting
   42  spaces  which  do  not  adjoin a vertical line dividing two parts, there
   43  shall be a heavy black vertical line approximately one-eighth of an inch
   44  in width. No voting space shall be provided in the space for writing  in
   45  names.  In such case, the space corresponding to a voting space shall be
   46  all black.
   47    9. Below the names of the candidates for each office or position there
   48  shall  be  printed as many blank spaces, for writing in names of persons
   49  for whom the voter desires to vote, as there are persons to be nominated
   50  or elected.
   51    10. In case the sections shall be so numerous as to  make  the  ballot
   52  unwieldy  if  they  are printed in one column, they may be printed in as
   53  many columns as shall be necessary,  and  in  that  case,  in  order  to
   54  produce a rectangular ballot, blank sections may be used.]
   55    6.  EACH BALLOT SHALL CONTAIN INSTRUCTIONS FOR MARKING THE BALLOT. THE
   56  INSTRUCTIONS SHALL BE PRINTED IN LINE LENGTHS NO WIDER THAN FIVE INCHES.
       A. 3389                             6
    1  THE TEXT SHALL BE  SUBSTANTIALLY  AS  FOLLOWS,  SO  THAT  IT  ACCURATELY
    2  REFLECTS THE BALLOT LAYOUT:
    3                                INSTRUCTIONS
    4    MARK  THE  (INSERT "OVAL" OR "SQUARE") TO THE LEFT OF THE NAME OF YOUR
    5  CHOICE. (PROVIDE ILLUSTRATION HERE.) TO VOTE FOR A CANDIDATE WHOSE  NAME
    6  IS  NOT PRINTED ON THE BALLOT, (INSERT "MARK THE OVAL (OR SQUARE) TO THE
    7  LEFT OF 'WRITE-IN' AND PRINT THE NAME CLEARLY" OR "PRINT THE NAME CLEAR-
    8  LY IN THE BOX LABELED 'WRITE-IN'"), STAYING WITHIN THE  BOX.  ANY  MARK,
    9  WRITING, OR ERASURE OUTSIDE THE SPACES PROVIDED FOR VOTING WILL VOID THE
   10  ENTIRE  BALLOT. THE NUMBER OF CHOICES IS LISTED FOR EACH CONTEST. DO NOT
   11  MARK THE BALLOT FOR MORE CANDIDATES THAN ALLOWED. IF YOU DO,  YOUR  VOTE
   12  IN THAT CONTEST WILL NOT COUNT. IF YOU MAKE A MISTAKE, OR WANT TO CHANGE
   13  YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT.
   14    7.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROVIDE LINE DRAWING ILLUS-
   15  TRATIONS TO SUPPLEMENT THESE INSTRUCTIONS. AT A MINIMUM, AN ILLUSTRATION
   16  OF THE CORRECT WAY TO MARK THE BALLOT SHALL BE PROVIDED, BUT NOTHING  IN
   17  THIS  SECTION  SHALL  BE CONSTRUED TO LIMIT THE BOARD IN PROVIDING ADDI-
   18  TIONAL ILLUSTRATIONS.
   19    8. WHEN A QUESTION OR PROPOSAL IS INCLUDED ON THE BALLOT, INSTRUCTIONS
   20  SUBSTANTIALLY LIKE THE FOLLOWING SHALL BE INCLUDED ON  THE  BALLOT  NEAR
   21  THE FIRST QUESTION OR PROPOSAL:
   22    INSTRUCTIONS FOR VOTING FOR QUESTIONS AND PROPOSALS
   23    TO  VOTE  ON  A  QUESTION  OR  PROPOSAL,  MARK  THE  (INSERT "OVAL" OR
   24  "SQUARE") TO THE LEFT OF YOUR CHOICE. IF YOU MAKE A MISTAKE, OR WANT  TO
   25  CHANGE YOUR VOTE, ASK A POLL WORKER FOR A NEW BALLOT.
   26    9.  WHEN  A  QUESTION  OR  PROPOSAL APPEARS ON THE BACK OF THE BALLOT,
   27  THERE SHALL APPEAR ON THE FRONT OF THE BALLOT WORDS OR A SYMBOL INDICAT-
   28  ING THAT THE VOTER SHOULD TURN OVER THE BALLOT.
   29    10. TO THE EXTENT PRACTICABLE, THE BALLOT SHALL ALSO COMPLY  WITH  THE
   30  FOLLOWING SPECIFICATIONS:
   31    A. THE INSTRUCTIONS IN SUBDIVISION SIX OF THIS SECTION SHALL BE PRINT-
   32  ED IN THE UPPER LEFT HAND CORNER OF THE FRONT OF THE BALLOT;
   33    B.  ALL  TEXT, INCLUDING THE TITLE OF EACH OFFICE AND THE NAME OF EACH
   34  CANDIDATE, SHALL BE PRINTED FLUSH LEFT AND SHALL NOT BE CENTERED ON  THE
   35  BALLOT OR IN ANY COLUMN OR ROW APPEARING ON THE BALLOT;
   36    C.  THE  VOTING OVAL OR SQUARE SHALL BE TO THE LEFT OF THE NAME OF THE
   37  CANDIDATE;
   38    D. ALL TEXT, INCLUDING THE NAME  OF  EACH  CANDIDATE  AS  PROVIDED  IN
   39  SUBDIVISION  THREE  OF  THIS  SECTION,  SHALL  BE PRINTED USING STANDARD
   40  CAPITALIZATION IN ACCORDANCE WITH INSTRUCTIONS  PROVIDED  BY  THE  STATE
   41  BOARD OF ELECTIONS AND SHALL NOT BE PRINTED USING ALL CAPITAL LETTERS;
   42    E.  THE  NAME  OF EACH CANDIDATE SHALL BE PRINTED USING A FONT SIZE OF
   43  NOT LESS THAN TWELVE POINTS OR ONE SIXTH OF AN INCH;
   44    F. THE BALLOT SHALL USE ONE FONT OR FONT FAMILY WITH ENOUGH VARIATIONS
   45  FOR ALL TEXT NEEDS;
   46    G. THE BALLOT SHALL  HAVE  A  CLEAR  DELINEATION  BETWEEN  THE  BALLOT
   47  INSTRUCTIONS AND THE FIRST OFFICE OR BALLOT QUESTION OR PROPOSAL THROUGH
   48  THE USE OF WHITE SPACE, ILLUSTRATION, SHADING, COLOR, FONT SIZE, OR BOLD
   49  TYPE;
   50    H.  COLOR  AND  SHADING SHALL BE USED CONSISTENTLY, SO AS TO DIFFEREN-
   51  TIATE INSTRUCTIONS FROM BALLOT SECTION DIVIDERS AND CONTEST INFORMATION;
   52    I. "VOTE FOR ONE" OR "VOTE FOR UP TO ......" (THE BLANK  SPACE  TO  BE
   53  FILLED  WITH  THE  NUMBER  OF  PERSONS TO BE NOMINATED FOR THE OFFICE OR
   54  ELECTED TO THE POSITION), AS APPLICABLE, SHALL  BE  PRINTED  IMMEDIATELY
   55  BELOW EACH OFFICE TITLE APPEARING ON THE BALLOT;
       A. 3389                             7
    1    J.  ABOVE, BELOW, OR TO THE RIGHT OF THE NAME OF EACH CANDIDATE, SHALL
    2  BE PRINTED, IN LESS PROMINENT TYPE FACE THAN THAT IN  WHICH  THE  CANDI-
    3  DATE'S  NAME  IS PRINTED, THE NAME OF THE POLITICAL PARTY OR INDEPENDENT
    4  BODY BY WHICH THE CANDIDATE WAS NOMINATED OR DESIGNATED;
    5    K. NO PARTY EMBLEMS SHALL BE PRINTED ON THE BALLOT;
    6    L.  THE  NAMES  OF  CANDIDATES FOR THE SAME OFFICE SHALL APPEAR ON THE
    7  SAME PAGE AND IN THE SAME COLUMN(S) OR ROW(S) OF THAT PAGE OF A  PRINTED
    8  BALLOT, AND MAY NOT BE SEPARATED BY A PERFORATION.
    9    11.    The  names  of parties or independent bodies which contain more
   10  than fifteen letters may, whenever limitations of space so  require,  be
   11  printed  on  the ballot in an abbreviated form. In printing the names of
   12  candidates whose full names contain more than fifteen letters, only  the
   13  surname  must be printed in full.  The officer or board charged with the
   14  duty of preparing the ballots shall request each such candidate to indi-
   15  cate,  in  writing,  the  shortened  form  in  which,  subject  to  this
   16  restriction,  his OR HER name shall be printed. If no such indication is
   17  received from such candidate within the time specified in  the  request,
   18  such officer or board shall make the necessary determination. [No emblem
   19  shall  occupy  a space longer in any direction than the voting square to
   20  which it relates.]
   21    S 5. The section heading and subdivision 3 of  section  7-108  of  the
   22  election law are amended to read as follows:
   23    Ballots; form for GENERAL elections; ADDITIONAL REQUIREMENTS.
   24    [3. In every instance where multiple casting of votes is permitted for
   25  two  or more candidates for the same office or position, the instruction
   26  on the ballot or machine shall read "Vote for any.........", (the  blank
   27  space  to  be  filled with the number of persons to be nominated for the
   28  office or elected to the position).]
   29    S 6. Section 7-110 of the election law, as amended by chapter  647  of
   30  the laws of 1982, is amended to read as follows:
   31    S  7-110. Ballots; form for ballot proposals; ADDITIONAL REQUIREMENTS.
   32  Ballot proposals shall appear on the voting machine or ballot in a sepa-
   33  rate section. At the left of, or below or  above,  each  proposal  shall
   34  appear  [two  voting  levers or] two voting [squares, each at least one-
   35  half inch square] POSITIONS. Next to the first [lever or square]  VOTING
   36  POSITION  shall be printed the word "Yes," and next to the second [lever
   37  or square] VOTING POSITION shall be printed the word "No." The proposals
   38  shall be numbered consecutively on the voting  machine  or  ballot.  The
   39  number  of  each proposal shall appear in front of its designation as an
   40  amendment, proposition or question in the  following  form:    "Proposal
   41  one,  an amendment; proposal two, a proposition; proposal three, a ques-
   42  tion".
   43    S 7. Section 7-114 of the election law, as amended by chapter  234  of
   44  the  laws  of 1976, paragraph (c) of subdivision 1 as amended by chapter
   45  433 of the laws of 1984 and paragraph (f) of subdivision 2 as amended by
   46  chapter 461 of the laws of 1977, is amended to read as follows:
   47    S 7-114. Ballots; form for primary election; ADDITIONAL  REQUIREMENTS.
   48  1.  (a)  [The] ON THE face of the official ballot for a primary election
   49  [shall be divided into parts.  Descriptive words to indicate the purpose
   50  of each part shall be printed at its head. Beginning at the left or top,
   51  the first part shall be entitled, and shall be for "Candidates] CONTESTS
   52  AND CANDIDATES for nomination for public office[". The second part shall
   53  be entitled, and shall be for "Candidates] SHALL APPEAR FIRST,  FOLLOWED
   54  BY CONTESTS AND CANDIDATES for party positions.[" When necessary, a part
   55  may  be  divided into two or more columns or rows, but the] THE names of
       A. 3389                             8
    1  all persons designated for the same office or party position shall be in
    2  the same column or row.
    3    (b)  [In each part shall be printed the titles of the offices or party
    4  positions, as the case may be, for which the part is  to  be  used,  and
    5  under  each  such  title  shall  be  printed the names of the designated
    6  candidates for the office or position.
    7    (c)] Where a candidate for nomination for the same  public  office  or
    8  for  election  to  the  same party position is designated by two or more
    9  petitions, his OR HER name shall be  placed  upon  the  ballot  for  the
   10  primary election but once as such a candidate.
   11    [(d)]  (C)  The ballot shall not contain a space for voting for candi-
   12  dates for uncontested offices and positions,  and  no  ballot  shall  be
   13  printed  for  a party whose primary is uncontested unless a petition for
   14  opportunity to ballot has been filed.
   15    2. (a) The paper ballot for a primary election shall  conform  to  the
   16  form for paper ballots set forth in this article with respect to quality
   17  and  weight  of  paper,  perforated line, and number on the stub [on the
   18  back of the ballot].
   19    (b) [On the back of the paper ballot, on the stub,  immediately  below
   20  the  number,  shall  be the name of the party. On the back of the ballot
   21  and below the stub, and immediately to the left of  the  center  of  the
   22  ballot, and on the front of the ballot, below the perforated line, shall
   23  be  printed,  in  addition  to  the other information required for paper
   24  ballots, the name and emblem of the party and the words "Official prima-
   25  ry ballot."
   26    (c) On the front of the stub, above the perforated line at the top  of
   27  the paper ballot shall be printed the same instructions as on the gener-
   28  al election ballot.
   29    (d)  The  parts  of the paper ballot below such heavy black horizontal
   30  line shall be separated by a heavy black vertical line  or  lines,  one-
   31  fourth of an inch in width. Descriptive words to indicate the purpose of
   32  each part shall be printed at its head, below the heavy black horizontal
   33  line.  Immediately below such captions shall be printed two light paral-
   34  lel horizontal lines  approximately  one-sixteenth  of  an  inch  apart,
   35  extending across each part.
   36    (e)  The  names  of candidates on paper ballots shall be numbered with
   37  arabic numerals printed in heavy faced type beginning with "one" for the
   38  first candidate named in the first  part  and  continuing  in  numerical
   39  order to and including the last candidate named in the last part, except
   40  that where two or more candidates are to be elected to a party position,
   41  the  names  of  candidates designated by each petition shall be grouped,
   42  and each group shall have but one number, which shall be  printed  oppo-
   43  site the approximate center of the group.
   44    (f)  The]  EXCEPT  IN  THE CITY OF NEW YORK, THE number of a candidate
   45  shall be printed on the paper ballot between the voting  space  and  the
   46  name  of  the  candidate.  Each group shall have a bracket embracing the
   47  names in the group. IN THE CITY OF NEW  YORK,  TWO  OR  MORE  CANDIDATES
   48  RUNNING  TO BE ELECTED TO A PARTY POSITION AS A GROUP MAY BE REFERRED TO
   49  COLLECTIVELY ON THE BALLOT AS A "GROUP."
   50    [(g)] (C) Spaces containing names of candidates  and  for  writing  in
   51  names, and intervening spaces on the paper ballot, shall be separated by
   52  light horizontal lines. [Names of candidates shall be printed in capital
   53  letters  not  less  than one-eighth nor more than three-sixteenths of an
   54  inch in height.
   55    (h)] (D) The paper ballots of no two parties shall  be  IDENTIFIED  BY
   56  the  same  color    OR  COLOR MARKINGS, and the state board of elections
       A. 3389                             9
    1  shall select the color for each new party[, and not  later  than  twelve
    2  weeks  before  a  primary  election,  shall  transmit  to  each board of
    3  elections].  THE STATE BOARD OF ELECTIONS SHALL INCLUDE WITH THE BOARD'S
    4  BALLOT CERTIFICATION a certificate stating the colors so selected.
    5    S  8.   Subdivisions 2, 3 and 4 of  section 7-116 of the election law,
    6  subdivision 2 as amended by chapter 234 of the laws of 1976 and subdivi-
    7  sion 3 as amended by chapter 9 of the laws of 1978, are amended to  read
    8  as follows:
    9    2.  The officer or board who or which prepares the ballot shall deter-
   10  mine the order in which shall appear, below the names  of  party  candi-
   11  dates  the  nominations made only by independent bodies. Such officer or
   12  board also shall determine the order in which shall  be  printed,  in  a
   13  section  of such ballot the names of two or more candidates nominated by
   14  one party or independent body, for  an  office  to  which  two  or  more
   15  persons  are  to  be elected; provided, however, that any such candidate
   16  may, by a writing filed with such board or officer not  later  than  one
   17  week  after  the  adjournment  of  the  convention or one week after the
   18  primary election nominating him OR HER, or otherwise not later than  two
   19  days  after  the filing of the petition or certificate nominating him OR
   20  HER, demand that such order be determined by lot, and in that case  such
   21  order shall be so determined, upon two days notice by mail given by such
   22  board  or  officer to each candidate for such office. The state board of
   23  elections shall perform the duties required by this subdivision  in  all
   24  cases affecting nominations filed in its office.
   25    3.  The officer or board with whom or which are filed the designations
   26  for a public office or party position shall determine by lot,  upon  two
   27  days notice by mail given by such board or officer to each candidate for
   28  such  office  or  position  and  to  the committee, if any, named in the
   29  designating petition, the order in which shall be printed on  the  offi-
   30  cial  primary  ballot,  under  the  title of the office or position, the
   31  names of candidates for public office, the names  of  candidates  for  a
   32  party  position  to which not more than one person is to be elected, and
   33  the groups of names of candidates for party position where two  or  more
   34  persons  are  to  be  elected thereto and any petition designates two or
   35  more persons therefor, provided, however, that whenever groups of  names
   36  for  more  than  one party position are designated by the same petition,
   37  the order in which they shall be printed on the official primary  ballot
   38  shall  be determined by a single lot. Candidates for [delegate or deleg-
   39  ates] DELEGATE(S) and alternate [delegate or delegates]  DELEGATE(S)  to
   40  conventions  designated  by  the same petition shall, for the purpose of
   41  this subdivision, be treated as one group. The names of  candidates,  if
   42  any,  for  a  party  position  to  which  two  or more persons are to be
   43  elected, who are designated by individual petitions and not in  a  group
   44  shall be printed below such group or groups, in such order between them-
   45  selves,  as such officer or board shall determine by lot upon the notice
   46  specified in this subdivision.  The names within a group  of  candidates
   47  designated  for  party  position by one petition shall be printed in the
   48  same order in which they appear in the petition, unless they appear in a
   49  different order on different pages of the petition, in which case  their
   50  order  within  the group shall be determined by such officer or board by
   51  lot upon the  notice  specified  in  this  subdivision.  Candidates  for
   52  members  of a state committee designated by a single petition shall, for
   53  the purposes of this subdivision, be treated as one group. However,  the
   54  notice  to  a  committee  of the drawing need not be mailed to more than
   55  five members, if there be that many, and as to offices  or  party  posi-
   56  tions  for  which  designating  petitions  are  filed  with the board of
       A. 3389                            10
    1  elections of the city of New York the  notice  shall  be  given  to  the
    2  committees only.
    3    4.  If  a  vacancy  in a designation or nomination be filled after the
    4  making, in the manner provided in this section, of  a  determination  of
    5  the  order  in  which the names of candidates for the office or position
    6  are to be printed, the name of the candidate designated or nominated  to
    7  fill  such  vacancy  shall be printed in the place so determined for the
    8  original candidate, PROVIDED  SUCH  PLACEMENT  IS  CONSISTENT  WITH  THE
    9  REQUIREMENTS FOR BALLOT CONSTRUCTION SET FORTH IN THIS ARTICLE.
   10    S  9.  Section 7-118 of the election law, as amended by chapter 157 of
   11  the laws of 1996, is amended to read as follows:
   12    S 7-118. Ballots; facsimile and sample.   1. The  board  of  elections
   13  shall  provide  facsimile  and sample ballots which shall be arranged in
   14  the form of a diagram showing such  part  of  the  face  of  the  voting
   15  machine  OR BALLOTS as shall be in use at that election.  Such facsimile
   16  and sample ballots shall be [either in full  or  reduced  size]  DISTIN-
   17  GUISHABLE  FROM  THE  BALLOT  BY  SIZE,  COLOR, OR OTHER MEANS and shall
   18  contain suitable illustrated directions for voting on the voting machine
   19  OR BALLOT.
   20    2. Such facsimile ballots shall be mounted and  displayed  for  public
   21  inspection at each polling place during election day.
   22    3.  Sample  ballots  may  be  mailed by the board of elections to each
   23  eligible voter at least three days before the election, or in lieu ther-
   24  eof, a copy of such sample ballot may be published at least once  within
   25  one  week  preceding  the election in newspapers [representing the major
   26  political parties] OR ON A WEBSITE MAINTAINED BY THE BOARD OF ELECTIONS.
   27    4. One copy of such facsimile shall be sent  to  each  school  in  the
   28  county,  providing  the  ninth  through  the twelfth years of compulsory
   29  education, and in the city of New York to each such school in  the  city
   30  of  New York, at least one week before each general election for posting
   31  at a convenient place in such school. The board of elections shall  also
   32  send  a  facsimile  ballot to any other school requesting such a ballot.
   33  IN THE ALTERNATIVE, THE REQUIREMENTS OF THIS SUBDIVISION  MAY  BE  FULLY
   34  SATISFIED  BY  PUBLISHING  SUCH FACSIMILE ON A WEBSITE MAINTAINED BY THE
   35  BOARD OF ELECTIONS AND NOTIFYING EACH SUCH SCHOOL OF SUCH PUBLICATION.
   36    S 10. Subdivision 1 of section 7-120 of the election law is amended to
   37  read as follows:
   38    1. If any voting machine OR SYSTEM  for  use  in  any  election  shall
   39  become  out  of  order  during  an  election  it  shall, if possible, be
   40  repaired or another machine OR SYSTEM substituted as promptly as  possi-
   41  ble.    In  case  such  repair or substitution cannot be made, emergency
   42  ballots, printed or written, and of any suitable form, SHALL BE PROVIDED
   43  BY THE BOARD OF ELECTIONS AND may be used for the taking of votes.
   44    S 11. Section 7-122 of the election law, subdivision 1 as  amended  by
   45  chapter 234 of the laws of 1976, the schedule in paragraph (b) of subdi-
   46  vision 1 as added by chapter 381 of the laws of 1979, paragraphs (c) and
   47  (d) of subdivision 1 and subdivisions 2, 3, 5, 8, 9 and 10 as amended by
   48  chapter  165  of the laws of 2010, subdivision 7 as amended by chapter 9
   49  of the laws of 1978, and subdivisions 6 and 7 as renumbered  by  chapter
   50  352 of the laws of 1986, is amended to read as follows:
   51    S 7-122. Ballots; absentee voters.  1. (a) Ballots for absentee voters
   52  shall  be,  as  nearly  as  practicable, in the same form as those to be
   53  voted in the district on election day, if any, except that  ballots  for
   54  primary  elections  shall omit the party position of ward, town, city or
   55  county committee and except further that such ballots need  not  have  a
   56  stub, and shall have the words "Absentee Ballot", endorsed thereon.
       A. 3389                            11
    1    (b)  [The  names  of  candidates  upon  the ballot shall be printed in
    2  appropriate sections, with titles of offices, section numbers,  emblems,
    3  voting  squares,  names of parties and political organizations and blank
    4  spaces for writing in names of persons not printed on the ballot. Except
    5  as  to  the  spacing,  such  ballot shall be printed wherever applicable
    6  substantially as follows:
    7    (Form in chap. 381/79)
    8    (c) The indorsement shall be printed and properly filled in:
    9  Official Absentee Ballot for (General, Primary or Special,  as  applica-
   10  ble)
   11  Election
   12  County of......................
   13  (Assembly or Legislative, as applicable) District................
   14  (Ward and City or town, as applicable)...........................
   15  (Insert date of election)
   16  (Insert names of election commissioners providing the ballot)
   17    (d)]  On the front of the ballot prepared for counting by hand, [shall
   18  be  printed  in  heavy  black  type  the  following  instructions]   THE
   19  INSTRUCTIONS  FOR  MARKING THE BALLOT SHALL BE SUBSTANTIALLY AS FOLLOWS,
   20  SO THAT IT ACCURATELY REFLECTS THE BALLOT LAYOUT:
   21                                INSTRUCTIONS
   22    [1. Mark in pen or pencil.
   23    2. To vote for a candidate whose name is printed on this ballot,  make
   24  a  single  cross  X  mark or a single check, V mark in the voting square
   25  above the name of the candidate.
   26    3. To vote for a person whose name is not printed on this ballot write
   27  or stamp his or her name in the space that appears at the bottom of  the
   28  column  or the end of the row (indicate where on the ballot the write-in
   29  space appears) containing the title of the office.
   30    4. To vote on a proposal make a cross X mark or a check V mark in  one
   31  of the squares contained in the box setting forth such proposal.
   32    5.  Any  other  mark  or  writing,  or any erasure made on this ballot
   33  outside the voting squares or blank spaces provided for voting will void
   34  this entire ballot.
   35    6.  Do not overvote. If you select a greater number of candidates than
   36  there are vacancies to be filled, your ballot  will  be  void  for  that
   37  public office, party position or proposal.
   38    7. If you tear, or deface, or wrongly mark this ballot, call the board
   39  of  elections  at  (insert phone number here) for instructions on how to
   40  obtain a new ballot. Do not attempt to correct mistakes on the ballot by
   41  making erasures or cross outs. Erasures or cross outs may invalidate all
   42  or part of your ballot. Prior to submitting your ballot, if you  make  a
   43  mistake  in completing the ballot or wish to change your ballot choices,
   44  you may obtain and complete a new ballot. You have a right to a replace-
   45  ment ballot upon return of the original ballot.] MARK THE (INSERT "OVAL"
   46  OR "SQUARE") TO THE LEFT OF THE NAME OF  YOUR  CHOICE.  (PROVIDE  ILLUS-
   47  TRATION  HERE.) TO VOTE FOR A CANDIDATE WHOSE NAME IS NOT PRINTED ON THE
   48  BALLOT, (INSERT "MARK THE OVAL (OR SQUARE) TO THE LEFT OF 'WRITE-IN' AND
   49  PRINT THE NAME CLEARLY" OR "PRINT THE NAME CLEARLY IN  THE  BOX  LABELED
   50  'WRITE-IN'"),  STAYING  WITHIN  THE  BOX.  ANY MARK, WRITING, OR ERASURE
   51  OUTSIDE THE SPACES PROVIDED FOR VOTING WILL VOID THE ENTIRE  BALLOT.  IF
   52  YOU  MAKE  A  MISTAKE  OR  WANT  TO  CHANGE YOUR VOTE, CALL THE BOARD OF
   53  ELECTIONS AT (INSERT PHONE NUMBER  HERE)  FOR  INSTRUCTIONS  ON  HOW  TO
   54  OBTAIN  A  NEW  BALLOT.  YOU  HAVE  A RIGHT TO A REPLACEMENT BALLOT UPON
   55  RETURN OF THE ORIGINAL BALLOT. THE NUMBER OF CHOICES IS LISTED FOR  EACH
       A. 3389                            12
    1  CONTEST. DO NOT MARK THE BALLOT FOR MORE CANDIDATES THAN ALLOWED. IF YOU
    2  DO, YOUR VOTE IN THAT CONTEST WILL NOT COUNT.
    3    (C)   WHEN   A  QUESTION  OR  PROPOSAL  IS  INCLUDED  ON  THE  BALLOT,
    4  INSTRUCTIONS SUBSTANTIALLY SIMILAR TO THOSE PROVIDED IN SUBDIVISION  SIX
    5  OF SECTION 7-106 OF THIS ARTICLE SHALL BE INCLUDED.
    6    (D)  THE  BALLOT  PROPOSALS  MAY BE ON THE BACK OF THE BALLOT, OR ON A
    7  SEPARATE BALLOT.
    8    2. [The following provisions  shall  apply  to  all  absentee  ballots
    9  prepared  for counting by a ballot scanner and all other] ALL provisions
   10  of this chapter not inconsistent with this subdivision shall be applica-
   11  ble to [such] ABSENTEE ballots PREPARED FOR COUNTING BY BALLOT SCANNER[:
   12    (a) The party emblem need not be printed next  to  the  name  of  each
   13  candidate.
   14    (b)  The  ballot  proposals  may be on the back of the ballot, or on a
   15  separate ballot.
   16    (c) The printed instructions to the voter shall read as follows:
   17                                INSTRUCTIONS
   18    1. Mark only with a pen or pencil.
   19    2. To vote for a candidate whose name is printed on this ballot,  fill
   20  in  the (insert oval or square, as applicable) above or next to the name
   21  of the candidate.
   22    3. To vote for a person whose name is  not  printed  on  this  ballot,
   23  write  or  stamp  his  or  her name in the space labeled "write-in" that
   24  appears (insert at the bottom of the column or the end of  the  row,  as
   25  applicable)  containing  the title of the office and, if required by the
   26  voting system in use at  such  election,  the  instructions  shall  also
   27  include  "and  fill in the (insert oval or square, as applicable) corre-
   28  sponding with the write-in space in which the voter has written a name."
   29    4. To vote yes or no on a proposal, if any, that appears on the (indi-
   30  cate where on the ballot the proposal may appear) fill  in  the  (insert
   31  oval or square, as applicable) that corresponds to your vote.
   32    5.  Any  other  mark  or  writing,  or any erasure made on this ballot
   33  outside the voting squares or blank spaces provided for voting will void
   34  this entire ballot.
   35    6.  Do not overvote. If you select a greater number of candidates than
   36  there are vacancies to be filled, your ballot  will  be  void  for  that
   37  public office, party position or proposal.
   38    7.    If  you  tear,  or deface, or wrongly mark this ballot, call the
   39  board of elections at (insert phone number here) for instructions on how
   40  to obtain a new ballot. Do not attempt to correct mistakes on the ballot
   41  by making erasures or cross outs. Erasures or cross outs may  invalidate
   42  all or part of your ballot. Prior to submitting your ballot, if you make
   43  a  mistake in completing the ballot or wish to change your ballot choic-
   44  es, you may obtain and complete a new ballot. You  have  a  right  to  a
   45  replacement ballot upon return of the original ballot.
   46    (d)  Such  instructions  may  be  printed  on the front or back of the
   47  ballot or on a separate sheet or card.  If  such  instructions  are  not
   48  printed  on  the  front  of  the  ballot,  there shall be printed on the
   49  ballot, in the largest size type for which there is room, the  following
   50  legend: "See instructions on other side" or "See enclosed instructions",
   51  whichever is appropriate.
   52    (e)  Such  ballots  which  are  to  be counted by a ballot scanner may
   53  consist of two  or  more  sheets,  which  are  divided  into  perforated
   54  sections which can be separated at the time of canvassing].
   55    3.  The  determination of the appropriate county board of elections as
   56  to the candidates duly designated or  nominated  for  public  office  or
       A. 3389                            13
    1  party  position whose name shall appear on the absentee ballot and as to
    2  ballot proposals to be voted on shall be made  no  later  than  the  day
    3  after  the  state  board  of elections issues its certification of those
    4  candidates  to be voted for at the general, special or primary election.
    5  The determinations of the state board of elections  and  the  respective
    6  county boards of elections shall be final and conclusive with respect to
    7  such  offices  for  which  petitions  or certificates are required to be
    8  filed with such boards, as the case may be but nothing herein  contained
    9  shall prevent a board of elections, or a court of competent jurisdiction
   10  from  determining  at  a  later date that any such certification, desig-
   11  nation or nomination is invalid and, in the event of such later determi-
   12  nation, no vote cast for any such nominee by any voter shall be  counted
   13  at the election.
   14    [5.] 4. THERE SHALL BE THREE ENVELOPES FOR EACH ABSENTEE BALLOT ISSUED
   15  BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES HIS OR
   16  HER  VOTED  BALLOT,  THE  OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
   17  ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
   18  TY BOARD OF ELECTIONS. The board of elections shall  furnish  with  each
   19  absentee ballot an inner affirmation envelope. On one side of the envel-
   20  ope shall be printed:
   21                          OFFICIAL ABSENTEE BALLOT
   22                                     for
   23                  GENERAL (OR PRIMARY OR SPECIAL) ELECTION,
   24   ........., 20.....
   25  Name of voter.........................................
   26  Residence (street and number if any)..................
   27  City/or town of.......(village, if any)...............
   28  County of.............................................
   29  Assembly district ....................................
   30  Legislative District (as applicable) .................
   31  Ward (as applicable) .................................
   32  Election District.....................................
   33  Party Enrollment (in case of primary election)........
   34    [6]  5.  The  date  of the election, name of the county, and name of a
   35  city, if there be a separate ballot for city voters, shall  be  printed,
   36  and  the  name of the voter, residence, number of the assembly district,
   37  if any, name of town, number of ward,  if  any,  election  district  and
   38  party  enrollment,  if  required,  shall be either printed or written or
   39  stamped in by the board.
   40    [7.] 6. There shall also be a place for two BOARD OF  ELECTIONS  STAFF
   41  MEMBERS  OR  inspectors  of  opposite  political parties to indicate, by
   42  placing their initials thereon, that they have checked  and  marked  the
   43  voter's poll record.
   44    [8.]  7.  On the reverse side of such inner affirmation envelope shall
   45  be printed the following statement:
   46                                  AFFIRMATION
   47    I do declare that I am a citizen of the United States, that I am  duly
   48  registered  in  the  election district shown on the reverse side of this
   49  envelope and I am qualified to vote in such district;  that  I  will  be
   50  unable  to  appear  personally on the day of the election for which this
   51  ballot is voted at the polling place of the election district in which I
   52  am a qualified voter because of the reason given on my application here-
   53  tofore submitted; that I have not qualified nor  do  I  intend  to  vote
       A. 3389                            14
    1  elsewhere,  that  I have not committed any act nor am I under any imped-
    2  iment which denies me the right to vote.
    3    I hereby declare that the foregoing is a true statement to the best of
    4  my  knowledge  and  belief, and I understand that if I make any material
    5  false statement in the foregoing statement of absentee voter, I shall be
    6  guilty of a misdemeanor.
    7  Date.................20.....       .....................................
    8                                     Signature or mark of voter
    9                                     .....................................
   10                                     Signature of Witness (required only
   11                                     if voter does not sign his OR HER own
   12                                     name)
   13                                     .....................................
   14                                     Address of Witness
   15    [9.] 8. The inner affirmation envelope  shall  be  gummed,  ready  for
   16  sealing, and shall have printed thereon, on the side opposite the state-
   17  ment,  instructions  as  to the duties of the voter after the marking of
   18  the ballot, which instructions shall include a specific direction  stat-
   19  ing  when such ballot must be postmarked and when such ballot must reach
   20  the office of the board of elections in order to be canvassed.
   21    [10.] 9. Each INNER AFFIRMATION ballot envelope shall be  enclosed  in
   22  an  outer  envelope  addressed to the appropriate board of elections and
   23  bearing on it a specific direction that if an original  application  for
   24  an absentee ballot is received with the ballot, such application must be
   25  completed  by the voter and returned in the outer envelope together with
   26  the sealed inner affirmation envelope  containing  the  absentee  ballot
   27  within  the  time limits for receipt of the absentee ballot itself. Such
   28  inner affirmation envelope and outer envelope shall be enclosed  in  [a]
   29  THE  third envelope addressed to the absentee voter. The outer and third
   30  envelopes shall have printed on the face  thereof  the  words  "Election
   31  Material--Please Expedite".
   32    S  12.  The opening paragraph of subdivision 3 of section 7-123 of the
   33  election law, as amended by chapter 104 of the laws of 2010, is  amended
   34  to read as follows:
   35    THERE  SHALL  BE  THREE  ENVELOPES  FOR  EACH MILITARY ABSENTEE BALLOT
   36  ISSUED WHEN THE MILITARY VOTER'S PREFERRED METHOD OF TRANSMISSION IS "BY
   37  MAIL": THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER PLACES  HIS  OR
   38  HER  VOTED  BALLOT,  THE  OUTER ENVELOPE WHICH SHALL BE ADDRESSED TO THE
   39  ABSENTEE VOTER, AND THE MAILING ENVELOPE WHICH IS ADDRESSED TO THE COUN-
   40  TY BOARD OF ELECTIONS. The board of elections  shall  furnish  an  inner
   41  affirmation envelope with each military ballot upon which envelope shall
   42  be printed:
   43    S  13.  The opening and closing paragraphs of subdivision 2 of section
   44  7-124 of the election law, as amended by chapter  104  of  the  laws  of
   45  2010, are amended to read as follows:
   46    THERE  SHALL  BE  THREE  ENVELOPES  FOR  EACH SPECIAL FEDERAL ABSENTEE
   47  BALLOT ISSUED BY MAIL: THE INNER AFFIRMATION ENVELOPE INTO WHICH A VOTER
   48  PLACES HIS OR HER VOTED  BALLOT,  THE  OUTER  ENVELOPE  WHICH  SHALL  BE
   49  ADDRESSED  TO  THE  ABSENTEE  VOTER,  AND  THE MAILING ENVELOPE WHICH IS
   50  ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
   51  furnish an inner affirmation envelope with each special  federal  ballot
   52  upon which envelope shall be printed:
       A. 3389                            15
    1    I understand that a material misstatement of fact in the completion of
    2  this document may constitute grounds for conviction of a crime.
    3  Date.................20.....       .....................................
    4                                     Signature or mark of voter
    5                                     .....................................
    6                                     Signature of Witness (required only
    7                                     if voter does not sign his OR HER own
    8                                     name)
    9                                     .....................................
   10                                     Address of Witness
   11    S  14.  Subdivisions  2  and  3  of section 7-125 of the election law,
   12  subdivision 3 as amended by chapter 235 of the laws of 2000, are amended
   13  to read as follows:
   14    2. THERE SHALL BE THREE ENVELOPES FOR EACH SPECIAL PRESIDENTIAL ABSEN-
   15  TEE BALLOT ISSUED BY MAIL:  THE INNER AFFIRMATION ENVELOPE INTO WHICH  A
   16  VOTER  PLACES HIS OR HER VOTED BALLOT, THE OUTER ENVELOPE WHICH SHALL BE
   17  ADDRESSED TO THE ABSENTEE VOTER,  AND  THE  MAILING  ENVELOPE  WHICH  IS
   18  ADDRESSED TO THE COUNTY BOARD OF ELECTIONS. The board of elections shall
   19  furnish  with  each special presidential ballot an envelope. On one side
   20  of the envelope shall be printed:
   21                OFFICIAL BALLOT, SPECIAL PRESIDENTIAL VOTERS,
   22                            FOR GENERAL ELECTION,
   23                        NOVEMBER......., [19] 20....
   24  Name of voter ..........................................................
   25  Residence from which vote is being cast:
   26  Street and number ......................................................
   27  City or town ...........................................................
   28  County .................................................................
   29  Assembly District or Ward ..............................................
   30  Election District ......................................................
   31    The date of the election and name of the county shall be printed,  and
   32  the  name  of  the voter, residence, name of the city or town, number of
   33  ward or assembly district, if any, and election district shall be print-
   34  ed, written or stamped in by the board.
   35    3.  On the reverse side of such envelope shall be printed the  follow-
   36  ing statement:
   37                   STATEMENT OF SPECIAL PRESIDENTIAL VOTER
   38    I  do  declare  I  am  a  qualified special presidential voter of said
   39  district; that I am not qualified and am not able  to  qualify  to  vote
   40  elsewhere than as set forth on the reverse side of this envelope; that I
   41  am  a citizen of the United States; that on the date of the election for
   42  which this ballot is voted, I will be at least eighteen  years  of  age;
   43  and  that  I  have not committed any act, nor am I under any impediment,
   44  which denies me the right to vote.
   45    I hereby declare that the foregoing is a true statement to the best of
   46  my knowledge and belief, and I understand that if I  make  any  material
       A. 3389                            16
    1  false  statement  in  the  foregoing  statement,  I shall be guilty of a
    2  misdemeanor.
    3  Date.................20.....       .....................................
    4                                     Signature or mark of voter
    5                                     .....................................
    6                                     Signature of Witness (required only
    7                                     if voter does not sign his OR HER own
    8                                     name)
    9                                     .....................................
   10                                     Address of Witness
   11    S 15. Section 7-126 of the election law is REPEALED.
   12    S 16. Section 7-128 of the election law is amended to read as follows:
   13    S 7-128. Ballots; inspection of. 1. Each officer or board charged with
   14  the duty of providing official ballots for an election shall have sample
   15  ballots  open  to  public inspection [five] TWENTY-EIGHT days before the
   16  election for which they were prepared and the official ballots  open  to
   17  such  inspection  [four] FOURTEEN days before such election [except that
   18  the sample and official ballots for a village election held at a differ-
   19  ent time from a general election shall be open to public  inspection  at
   20  least  two days before such election]. During the times within which the
   21  ballots are open for inspection, such officer or board shall deliver  to
   22  each  voter  applying therefor a sample of the ballot which he OR SHE is
   23  entitled to vote.
   24    2. A. Each officer or board charged with the duty of preparing ballots
   25  to be used [on voting machines]  in  any  election  shall  give  written
   26  notice,  by  first  class mail, to all candidates, except candidates for
   27  member of the county committee, who are lawfully entitled to have  their
   28  names  appear  thereon,  of the time when, and the place where, they may
   29  inspect the [voting machines] BALLOTS to be used for such election.  The
   30  candidates  or  their  designated representatives may appear at the time
   31  and place specified in such notice to inspect such  [machines]  BALLOTS,
   32  provided,  however,  that  the time so specified shall be [not less than
   33  two] NO LATER THAN FOURTEEN days [prior  to  the  date  of]  BEFORE  the
   34  election AT WHICH THE BALLOTS WILL BE USED.
   35    B.  A  candidate,  whose  name  appears on the ballot [for an election
   36  district] or his OR HER designated representative, may, in the  presence
   37  of  the  election officer attending the [voting machine] BALLOT, inspect
   38  the [face of the machine] BALLOT to see that his OR HER  ballot  [label]
   39  POSITION  is  in its proper place[, but at no time during the inspection
   40  shall the booth be closed] OR PLACES.
   41    3.  EACH OFFICER OR BOARD CHARGED WITH THE DUTY OF  PREPARING  BALLOTS
   42  TO  BE  USED  WITH VOTING MACHINES OR SYSTEMS IN ANY ELECTION SHALL GIVE
   43  WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL  CANDIDATES,  EXCEPT  CANDI-
   44  DATES  FOR  MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED TO
   45  HAVE THEIR NAMES APPEAR THEREON, OF THE TIME WHEN, AND THE PLACE  WHERE,
   46  THEY  MAY  INSPECT  THE  VOTING  MACHINES OR SYSTEMS TO BE USED FOR SUCH
   47  ELECTION. THE CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY  APPEAR
   48  AT  THE  TIME  AND PLACE SPECIFIED IN SUCH NOTICE TO VIEW THE CONDUCT OF
   49  THE LOGIC AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON  SUCH  VOTING
   50  MACHINES  OR SYSTEMS, PROVIDED HOWEVER, THAT THE TIME SO SPECIFIED SHALL
   51  BE NOT LESS THAN FIFTEEN DAYS PRIOR TO THE DATE OF THE ELECTION.
   52    S 17. Section 7-130 of the election law is amended to read as follows:
       A. 3389                            17
    1    S 7-130. Ballots; examination by voters  and  instruction  in  use  of
    2  voting  machines.  One  or  more voting machines which shall contain the
    3  ballot labels, showing the [party emblems and] title of officers  to  be
    4  voted  for,  and  which shall so far as practicable contain the names of
    5  the  candidates to be voted for, shall be placed on public exhibition in
    6  some suitable place by the board of elections, in  charge  of  competent
    7  instructors, for at least three days during the thirty days next preced-
    8  ing an election. No voting machine which is to be assigned for use in an
    9  election  shall  be used for such purpose after having been prepared and
   10  sealed for the election. During such  public  exhibition,  the  counting
   11  mechanism  of the machine shall be concealed from view and the doors may
   12  be temporarily opened only when authorized  by  the  board  or  official
   13  having charge and control of the election. Any voter shall be allowed to
   14  examine such machine, and upon request shall be instructed in its use.
   15    S  18.  This  act  shall  take  effect  immediately and shall apply to
   16  ballots to be used for elections occurring on or after the first day  of
   17  July  next  succeeding  the  year  in  which it shall have become a law,
   18  except that paragraph a of  subdivision  10  of  section  7-106  of  the
   19  election  law,  as  added  by  section  four of this act, shall apply to
   20  ballots to be used in jurisdictions other than the counties  of  Albany,
   21  Erie, Nassau, Rockland, and Schenectady or the city of New York counties
   22  on  or  after the last day of December next succeeding the year in which
   23  it shall have become a law.