N.Y. Election Law § 7-119: Ballots; early mail voters

§ 7-119. Ballots; early mail voters. 1. (a) Ballots for early mail

voters shall be, as nearly as practicable, in the same form as those to

be voted in the district on election day, except that such ballots need

not have a stub, and shall have the words "Early Mail Ballot", endorsed

thereon.

(b) All provisions of this chapter not inconsistent with this

subdivision shall be applicable to early mail ballots prepared for

counting by a ballot scanner or by hand. The instructions for marking an

early mail ballot shall be provided and shall be substantially as

follows, so that they accurately reflect the ballot layout:

INSTRUCTIONS

Mark the (insert "oval" or "square") to the left of the name of your

choice. (Provide illustration of correctly-marked voting position here.)

To vote for a candidate whose name is not printed on the ballot, (insert

"mark the oval (or square) to the left of 'write-in' and print the name

clearly" or "print the name clearly in the box labeled 'write-in'"),

staying within the box. Any mark or writing outside the spaces provided

for voting may void the entire ballot. You have a right to a replacement

ballot. If you make a mistake or want to change your vote, call the

board of elections at (insert phone number here) for instructions on how

to obtain a new ballot. The number of choices is listed for each

contest. Do not mark the ballot for more candidates than allowed. If you

do, your vote in that contest will not count.

(c) When a question or proposal is included on the ballot,

instructions substantially similar to those provided in subdivision

fifteen of section 7-104 of this article shall be included.

2. The determination of the appropriate county board of elections as

to the candidates duly designated or nominated for public office or

party position whose name shall appear on the early mail ballot and as

to ballot proposals to be voted on shall be made no later than the day

after the state board of elections issues its certification of those

candidates to be voted for at the general, special or primary election.

The determinations of the state board of elections and the respective

county boards of elections shall be final and conclusive with respect to

such offices for which petitions or certificates are required to be

filed with such boards, as the case may be but nothing contained in this

section shall prevent a board of elections, or a court of competent

jurisdiction from determining at a later date that any such

certification, designation or nomination is invalid and, in the event of

such later determination, no vote cast for any such nominee by any voter

shall be counted at the election.

3. There shall be three envelopes for each early mail ballot issued by

mail: the inner affirmation envelope into which a voter places their

voted ballot, the outer envelope which shall be addressed to the early

mail voter, and the mailing envelope which is addressed to the county

board of elections. The board of elections shall furnish with each early

mail ballot an inner affirmation envelope. On one side of the envelope

shall be printed:

OFFICIAL EARLY MAIL BALLOT

for

GENERAL (OR PRIMARY OR SPECIAL) ELECTION,

..........., 20.......

Name of voter ..................

Residence (street and number if any) ..............

City/or town of (village, if any) .................

County of ...............................

Assembly District ......................

Legislative District (as applicable) ..........

Ward (as applicable) .....................

Election District ....................

Party Enrollment (in case of primary election) ....................

4. The date of the election, name of the county, and name of a city,

if there be a separate ballot for city voters, shall be printed, and the

name of the voter, residence, number of the assembly district, if any,

name of town, number of ward, if any, election district and party

enrollment, if required, shall be either printed or written or stamped

in by the board.

5. There shall also be a place for two board of elections staff

members or inspectors of opposite political parties to indicate, by

placing their initials thereon, that they have checked and marked the

voter's poll record and a box labeled "BOE use only" for notations

required when the board of elections reviews affirmation ballot

envelopes pursuant to section 9-209 of this chapter.

6. On the reverse side of such inner affirmation envelope shall be

printed the following statement:

AFFIRMATION

I do declare that I am a citizen of the United States, that I am duly

registered in the election district shown on the reverse side of this

envelope and I am qualified to vote in such district; that I have not

qualified nor do I intend to vote elsewhere, that I have not committed

any act nor am I under any impediment which denies me the right to vote.

I hereby declare that the foregoing is a true statement to the best of

my knowledge and belief, and I understand that if I make any material

false statement in the foregoing statement of early mail voter, I shall

be guilty of a misdemeanor.

Date ............... 20 ................

..........................

Signature or mark of voter

..........................

Signature of Witness

(required only if voter

does not sign their own

name)

..........................

Address of Witness

7. The inner affirmation envelope shall be gummed, ready for sealing,

and shall have printed thereon, on the side opposite the statement,

instructions as to the duties of the voter after the marking of the

ballot, which instructions shall include a specific direction stating

when such ballot must be postmarked and when such ballot must reach the

office of the board of elections in order to be canvassed.

8. Each inner affirmation ballot envelope shall be enclosed in an

outer envelope addressed to the appropriate board of elections and

bearing on it a specific direction that if an original application for

an early mail ballot is received with the ballot, such application must

be completed by the voter and returned in the outer envelope together

with the sealed inner affirmation envelope containing the early mail

ballot within the time limits for receipt of the early mail ballot

itself. Such inner affirmation envelope and outer envelope shall be

enclosed in the third envelope addressed to the early mail voter. The

outer and third envelopes shall have printed on the face thereof the

words "Election Material--Please Expedite".