Relates to requiring ballot rotation

BILL NUMBER:S423

Title of bill

An act to amend the election law, in relation to requiring ballot rotation

Purpose or general idea of bill

This bill makes a technical clarification to the election law to make it clear that ballot rotation of candidates' names is still required by the election law in cities with a population of one million or more for primary elections.

Summary of specific provisions

Section one amends subdivision 6 of section 7-116 of the election law to remove references to voting machines. This change also removes the requirement of ballot rotation for party position for county committee in primary elections.

Section two provides that this act shall take effect immediately.

Justification

The rotation of candidates' names in primary elections within New York City has been a time honored practice embodied in state law going back prior to 1950. The simple idea behind the practice being that every candidate for election in a primary should have equal access to the top ballot position for that respective race.

Recently, the NYC Board of Elections has ended this practice, in effect arguing that the current law, as written does not apply to the new ballots or electronic scanners. As a result the city BOE has discontinued this time honored practice. This legislation would make a technical correction to make clear ballot rotation is still required by removing outdated references to the word "voting machine" while at the same time changing the practice so that it only applies to elections to office and state committee and no longer to party positions for county committee.

Prior legislative history

2012: S.6874/A.9866

Fiscal implications for state and local governments

None to the state.

Effective date

Immediately.