LegalFix

8-312 - Voting; Election Day Paper Ballots, Marking and Casting, Delivery to Voter.

NY Elec L § 8-312 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

§ 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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
8-312 - Voting; Election Day Paper Ballots, Marking and Casting, Delivery to Voter.