N.Y. Election Law § 8-312: Voting; election day paper ballots, marking and casting, delivery to voter

§ 8-312. Voting; election day paper ballots, marking and casting,

delivery to voter. 1. On receiving his or her ballot, the voter

forthwith shall retire alone, unless he or she is entitled to assistance

in voting or is accompanied by a child under sixteen years of age, to an

unoccupied privacy booth and mark his or her ballot using a writing

instrument supplied by the board of elections. He or she shall not

occupy a privacy booth more than five minutes if other voters are

waiting to occupy it. If the voter wrongly marks, defaces or tears a

ballot, he or she may successively obtain others, one ballot at a time,

not exceeding three ballots in all, upon returning to the inspectors or

clerks each ballot already received.

2. When the voter shall have marked the ballot, he or she shall leave

the privacy booth with the ballot, proceed at once to the ballot

scanner, insert such ballot into the ballot scanner and wait for the

notice that the ballot has been successfully scanned. If no such notice

appears, the voter shall seek the assistance of an election inspector.

3. Upon voting, the voter forthwith shall pass outside the guardrail,

unless he or she is a person authorized to remain for other purposes

than voting.

4. When a person shall have received a paper ballot from any clerk, or

inspector, as hereinbefore provided, he or she shall be deemed to have

commenced the act of voting, and if, after receiving such official

ballot, he or she shall leave the space inclosed by the guard-rail

before the deposit of his or her ballot in the ballot scanner, ballot

box or other secure storage container, as hereinbefore provided, he or

she shall not be entitled to pass again within the guard-rail for the

purpose of voting, or to receive any further ballots.

5. No ballot without the official indorsement shall be allowed to be

deposited in the ballot scanner or, when a ballot scanner is inoperable

or otherwise unable to scan the ballot, in a ballot box or other secure

storage container except for emergency ballots as provided in

subdivision two of section 7-120 of this chapter. No person to whom any

election day paper ballot shall be delivered shall leave the space

within the guard-rail until after he or she shall have scanned the

ballot, deposited the ballot in a ballot box or other secure storage

container or delivered the ballot back to the inspectors or to the

clerks.

6. Election day paper ballots being used with optical scan voting

systems or intended to be counted by hand pursuant to subdivision one of

section 7-200 of this chapter shall be delivered to the voter in a

manner consistent with the rules and regulations promulgated by the

state board of elections.