Relates to the form of ballots; repealer

Summary of provisions

Section one repeals section 7-104, 7-106 and 7-126 of the election law and two new section 7104 and 7-105 are added. The new section 7-104 provides that all paper ballots of the same kind, for the same polling place shall be identical in form and content except for names of candidates, local referenda, propositions or initiative and manner in which the ballots shall be counted. Subsection 1 paragraph (b) provides that a sample ballot will be distinguishable from ballots by different size and color and shall be marked "SAMPLE BALLOT" in a font size necessary to cover the entire face of the sample ballot. Subsection 1 paragraph (c) to provide that ballots counted by a ballot scanner may contain two or more sheet made of perforated paper that can be separated when the ballot is to be scanned. The ballot shall be made of paper required for use with the ballot scanner.

Subsection 2 states that all ballots are to be printed in black ink and/or in a format that is uniform in size and style in a clear type. The ballots shall use sans serif font in a size designed to maximize legibility. The names of the candidates shall be printed in capital letters in larger font and bold type. The name of a party or other designation will be affixed to the name of each candidate. Each office shall occupy as many columns or rows on the ballot as the number of candidate to be elected to that office, the title of the office may be placed horizontally with the names of the candidates arranged vertically. Next to the name of a party or independent committee shall be the symbol of such organization and the letter of the row or column its candidates occupy on the ballot. The sections in which the candidate's names and political designation as well as ballot proposals will be boxed in heavy black lined boxes. For each office, ovals or squares will be on the ballot next to the spaces where a voter would write in the name of a candidate who name is not on the ballot. The abstract of each question, amendment, proposition or initiative shall be in the same font and type face.

Subsection three allows that when needed the name of a party or independent body with more than fifteen letters may appear in an abbreviated form on the ballot. If a candidate's name exceeds fifteen letters only the last name must be printed in full, the entity responsible for preparation of the ballot shall request from each such candidate the manner in which they would like their shortened name to appear on the ballot.

Subsection four provides that each face of a ballot sheet shall only be printed in one language, if a second language is required by law, the second language shall appear on the reverse side of the ballot. English will only be on one side of all ballots and the second

language shall only be on the reverse side. In areas that are required by law to have ballots in multiple languages the votes shall be given the language ballot of choice at the time they vote by an election inspector.

Section five states that ballots must be printed on a sheet with a stub which can be separated from the ballot along a perforated line and proscribes the information that shall be contained on the stub.

Section six calls for a graphic to illustrate to voters to mark the voting oval or square fully.

Section seven the ballots shall not have instructions printed on them, but each ballot shall have a graphic design approved by the State BOE. Each polling location shall post instruction and instruction sheet will be provided as a separate handout or printed on the privacy sleeve issued to voters. This section proscribes the language of the instructions_ If a proposition, amendment or initiative is on the ballot it shall appear on the full face of the ballot, such questions shall be separated from the names of candidates for office by a heavy black line.

Section eight will ensure that visible in privacy booths or voting machines shall be instructions posted with illustrated instructions as to how to vote on the ballot.

Section nine proscribes the manner in which candidates and parties shall be listed across the ballot in columns and office by rows and how the ballot shall appear if the ballot requires a second row for candidates names as well how the ballot shall look if a candidate appears on the ballot line of multiple parties.

Section ten provides that if a candidate for Governor, State Senator or Member of the Assembly is nominated by multiple political parties or independent bodies the candidates name shall appear on the ballot the same number of times as there are parties or independent bodies nominating such candidates.

Section eleven allows for a machine used in any county or city which is neither required or prohibited by this chapter to request permission from the State BOE to require that one or more of these features shall be used provided that the features are uniform, The BOE has the authority to rescind this permission.

Section twelve would allow for the names of candidates for Governor and Lieutenant Governor of a party or independent body to appear in the same row or column with the name of the candidate for Governor being listed first.

The new section 7-105 proscribes in subsection one provisions for the printing of an adequate number of ballots and empowers the State Board of Elections to determine the number of ballots to be printed. For primary elections the number of ballots printed shall be between 10 and 15 percent greater than the number of votes cast in the highest statewide office or presidential officer, whichever one had the largest turnout in the last primary election. In general elections the number of ballots printed shall be at least 20 percent more than the

amount of votes cast in the last presidential election. In special election the number of ballots printed shall be at least 15 percent more than the number of votes cast in the most recent general elections for that office.

Subsection two states that when a county is required by federal law to provide ballots in second languages the number of ballots printed in each language shall be governed by the provisions of this section.

Subsection three stipulates that each county board is required to train instructor to ensure that voters receive the appropriate language ballot.

Subsection four states that local boards shall have on hand fifteen days prior to the election the number of each language ballot other than english.

Subsection five provides that no Local board shall promulgate regulations relating to multilingual ballots without authority and approval from the State BOE.

Subsection six calls for that when a court removes a candidate or other question from the ballot the amendment shall be made in a way so that the ballot is not rendered unreadable.

Subsection seven stipulates that in the event that a court places a ballot or other question on the ballot the candidates name or questions shall appear in the same uniform manner as if it had originally been placed on the ballot.

Section two of this bill provides that this act shall take effect on January first 2015.

Justification

A ballot that is clear and simple to read makes voting easier and leads to more accurate voting. In the 2013 primary and general elections, New York voters were confronted with a ballot that was cluttered and difficult to read. This was exemplified by the fact that polling sites provided magnifying glasses for voters.

The implementation of the optical scan ballot in New York State has caused concerns and problems on Election Day operations, specifically relating to ballot format and design. This legislation is designed to address the concerns that have arose out of this implementation. Particularly the legislation works to address concerns over ballot layout and design. The new section 7-104 of the election law simplifies ballot design by requiring clearer and bolder text in uniform size and font. The placement of a second language on the reverse side of the ballot will make the ballot easier to read for voters casting ballots. The implementation of multiple page ballots for propositions, questions, referendums and initiatives will leave the ballot less of a clutter than in year passed. Heavy black lined boxes to differentiate sections of the ballot will make the individual sections of the ballot easier to understand.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take January first 2015.