Prohibits the use of pasters, stickers and labels on ballots; repealer

1 Co-sponsor

• John A. DeFrancisco

BILL NUMBER:S1848A

Title of bill

An act to amend the election law, in relation to prohibiting the use of pasters, stickers and labels on ballots; and to repeal section 7-126 of the election law relating to the use of pasters

Purpose

To clarify the use of pasters, stickers and labels on ballots.

Summary of provisions

Section 1 amends subdivision 4 of section 8-308 of the Election Law to prohibit the use of stickers, labels or pasters for a write-in ballot.

Section 2 amends section 17-134 of the Election Law adds stickers and labels to such section entitled "Unlawful Use of Pasters".

Section 3 repeals section 7-126 and adds a new section 7-126 to the election law providing that no paster or sticker shall be affixed to a ballot by a voter, and that the board of election may authorize the use of a paster or sticker on a ballot provided that such ballots must be manually canvassed rather than by a ballot scanner.

Justification

The use of stickers, labels or pasters can negatively affect a voting system's ability to accurately count votes, as such systems are calibrated to accept a specific ballot thickness which increases with the inclusion of any such applications. Further, the adhesive used on stickers, labels and pasters can negatively impact the accuracy of a scanner and, when heated through the normal running of a scanner, can cause such items to become unattached, reaffixed to the ballots, or create situations where subsequent ballots may not be accepted by the scanner or read by the scanner. Any of these scenarios can result in the disenfranchisement of voters and inaccuracies in vote counts, all of which can be avoided by the prohibition of stickers, labels or pasters. This bill is updating the Election Law as to the current practice of Boards of Elections and the inapplicability of stickers, labels and pasters now that paper ballots, rather than lever machines, are in use.

Legislative history

2014: S.6789 referred to Elections

Fiscal implications

None.

Effective date

Immediately.