N.Y. Election Law § 7-122: Ballots; absentee voters

§ 7-122. Ballots; absentee voters. 1. (a) Ballots for absentee 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 "Absentee Ballot", endorsed

thereon.

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

subdivision shall be applicable to absentee ballots prepared for

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

absentee 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 absentee 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 herein contained

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 absentee ballot issued by

mail: the inner affirmation envelope into which a voter places his or

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

absentee voter, and the mailing envelope which is addressed to the

county board of elections. The board of elections shall furnish with

each absentee ballot an inner affirmation envelope. On one side of the

envelope shall be printed:

OFFICIAL ABSENTEE 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 will be

unable to appear personally on the day of the election for which this

ballot is voted at the polling place of the election district in which I

am a qualified voter because of the reason given on my application

heretofore submitted; 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 absentee 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 his or her 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 absentee 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 absentee ballot

within the time limits for receipt of the absentee ballot itself. Such

inner affirmation envelope and outer envelope shall be enclosed in the

third envelope addressed to the absentee voter. The outer and third

envelopes shall have printed on the face thereof the words "Election

Material--Please Expedite".