N.Y. Election Law § 8-306: Voters; assistance to

§ 8-306. Voters; assistance to. 1. A voter who states under oath to

the board of inspectors that he requires assistance may be assisted in

the manner and subject to the conditions and requirements provided for

in this section.

2. A board of inspectors of election shall assist any voter:

(a) who informs such board, under oath, that he cannot read and

therefore requires assistance, or

(b) who cannot even with the aid of glasses see the names printed on

the official ballot, or

(c) who is so physically handicapped that he cannot do what is needed

at that election to turn down the levers or use a write-in slot on a

voting machine, or mark a paper ballot, or

(d) who, unless aided by another person, cannot enter a voting booth.

3. Any voter who requires assistance to vote by reason of blindness,

disability or inability to read or write may be given assistance by a

person of the voter's choice, other than the voter's employer or agent

of the employer or officer or agent of the voter's union. A voter

entitled to assistance in voting who does not select a particular person

may be assisted by two election inspectors not of the same political

faith. The inspectors or person assisting a voter shall enter the voting

machine or booth with the voter, help the voter in the preparation of

the voter's ballot and, if necessary, in the return of the voted ballot

to the inspectors for deposit in the ballot box. The inspectors shall

enter in the space provided for such voter in the computer generated

registration list, the name of each officer or person rendering such

assistance.

4. An election officer or other person assisting a voter shall not in

any manner request or seek to persuade or induce the assisted voter to

vote any particular ticket, or for any particular candidate, or for or

against any particular ballot proposal, and shall not keep or make any

memorandum or entry of anything occurring within the voting booth and

shall not, directly or indirectly, reveal to any other person the name

of any candidate voted for by such voter, or which ticket he has voted,

except when required pursuant to law to give testimony as to such matter

in a judicial proceeding.

5. A person other than an inspector, who assists a voter in voting,

shall make an oath before entering the booth that he "will not in any

manner request, or seek to persuade or induce the voter to vote any

particular ticket or for any particular candidate, and that he will not

keep or make any memorandum or entry of anything occurring within the

booth, and that he will not, directly or indirectly, reveal to any

person the name of any candidate voted for by the voter, or which ticket

he had voted, or anything occurring within the voting booth, except when

required pursuant to law to give testimony as to such a matter in a

judicial proceeding."

6. If a voter makes any false representation to obtain assistance in

voting, he shall be punishable therefor as prescribed by law.

7. For the instruction of voters, there may be so far as practicable,

in each polling place, a mechanically operated model of a portion of the

face of the voting machine. Such model, if furnished, shall be located

during the election on the inspectors' table or in some other place

which the voters must pass to reach the machine. Each voter, before

entering the machine, shall, upon request, be instructed regarding its

operation and such instruction illustrated on the model and the voter

given opportunity personally to operate the model. The voter's attention

shall also be called to the facsimile ballot so that the voter can

become familiar with the location of the ballot proposals, if any, and

the location of the respective offices to be filled at the election. If

any voter, after entering the voting machine booth and before the

closing of such booth, shall ask for further instructions concerning the

manner of voting, two inspectors of opposite political faith shall give

such instructions to him. No inspector or other election officer or

other person instructing a voter, shall, in any manner, request, suggest

or seek to persuade or induce any such voter to vote any particular

ticket, or for any particular candidate or for or against any particular

ballot proposal. After giving such instructions, the inspectors shall

retire and such voter shall then close the booth and vote as in the case

of an unassisted voter.

8. In no event shall an inspector or any other person enter a voting

machine or booth for the purpose of giving instructions to a voter,

after the voter has closed such booth, except as permitted herein.

9. Any voter requesting a sample ballot shall be furnished one if

available and he may take it away from the polling place.