Section 7-116. Ballots; order of names on  


Latest version.
  • 1. In printing the names of
      candidates on the ballot, the candidate or candidates of the party which
      polled for its  candidate  for  the  office  of  governor  at  the  last
      preceding election for such office the highest number of votes, shall be
      row  or column A or one and the candidates of the other parties shall be
      placed on such ballot in descending order of such votes.
        2. The officer or  board  who  or  which  prepares  the  ballot  shall
      determine  the  order  in  which  shall appear, below the names of party
      candidates the nominations made only by independent bodies. Such officer
      or board also shall determine the order in which shall be printed, in  a
      section  of such ballot the names of two or more candidates nominated by
      one party or independent body, for  an  office  to  which  two  or  more
      persons  are  to  be elected; provided, however, that any such candidate
      may, by a writing filed with such board or officer not  later  than  one
      week  after  the  adjournment  of  the  convention or one week after the
      primary election nominating him, or otherwise not later  than  two  days
      after  the  filing of the petition or certificate nominating him, demand
      that such order be determined by lot, and in that case such order  shall
      be  so  determined,  upon two days notice by mail given by such board or
      officer to each candidate for such office. The state board of  elections
      shall  perform  the  duties  required  by  this subdivision in all cases
      affecting nominations filed in its office.
        3. The officer or board with whom or which are filed the  designations
      for  a  public office or party position shall determine by lot, upon two
      days notice by mail given by such board or officer to each candidate for
      such office or position and to the  committee,  if  any,  named  in  the
      designating  petition,  the  order  in  which  shall  be  printed on the
      official primary ballot, under the title of the office or position,  the
      names  of  candidates  for  public office, the names of candidates for a
      party position to which not more than one person is to be  elected,  and
      the  groups  of names of candidates for party position where two or more
      persons are to be elected thereto and any  petition  designates  two  or
      more  persons therefor, provided, however, that whenever groups of names
      for more than one party position are designated by  the  same  petition,
      the  order in which they shall be printed on the official primary ballot
      shall be  determined  by  a  single  lot.  Candidates  for  delegate  or
      delegates  and alternate delegate or delegates to conventions designated
      by the same petition shall, for the  purpose  of  this  subdivision,  be
      treated  as  one  group.  The  names  of candidates, if any, for a party
      position to which two or  more  persons  are  to  be  elected,  who  are
      designated  by  individual petitions and not in a group shall be printed
      below such group or groups, in such order between  themselves,  as  such
      officer  or  board  shall  determine by lot upon the notice specified in
      this subdivision.  The names within a group of candidates designated for
      party position by one petition shall be printed in  the  same  order  in
      which  they  appear  in  the petition, unless they appear in a different
      order on different pages of the petition,  in  which  case  their  order
      within  the  group  shall  be determined by such officer or board by lot
      upon the notice specified in this subdivision. Candidates for members of
      a state committee  designated  by  a  single  petition  shall,  for  the
      purposes  of  this  subdivision,  be  treated as one group. However, the
      notice to a committee of the drawing need not be  mailed  to  more  than
      five  members,  if  there  be  that  many,  and  as  to offices or party
      positions for which designating petitions are filed with  the  board  of
      elections  of  the  city  of  New  York the notice shall be given to the
      committees only.
        3-a. The state board of elections shall prescribe the method,  or  two
      or  more  alternative  methods,  for  making  the  determinations by lot
    
      required by subdivisions two and three  of  this  section.  Each  county
      board  of elections shall adopt one of such methods at least ninety days
      before any election to which such method shall apply.
        4.  If  a  vacancy  in a designation or nomination be filled after the
      making, in the manner provided in this section, of  a  determination  of
      the  order  in  which the names of candidates for the office or position
      are to be printed, the name of the candidate designated or nominated  to
      fill  such  vacancy  shall be printed in the place so determined for the
      original candidate.
        5. The titles of public offices shall appear on  ballots  for  primary
      elections  in  the  same  consecutive order that they will appear on the
      general election ballot. The titles of the party positions shall  appear
      in  the  following  order:  member of state committee, assembly district
      leader, associate assembly district leader, members of county  committee
      in the city of New York, delegate or delegates to conventions, alternate
      delegate or delegates to conventions, and members of county committee in
      counties  outside  of the city of New York. Where, pursuant to the rules
      of the county committee, the party position involved is that of assembly
      district leader or associate assembly district leader for a part  of  an
      assembly  district,  such part shall be so indicated in the title on the
      ballot.
        6. In the city of New York, the  ballot  on  the  voting  machine  for
      primary elections shall conform to the following additional provisions:
        The names of the candidates designated for such public office or party
      position  in  the  primary of a party shall be placed under the title of
      the office or position in the alphabetical order of their  surnames,  in
      the  first or lowest numbered assembly district and election district of
      any political unit or subdivision  within  a  county.    If  candidates'
      surnames  are identical, their given or first name shall determine their
      order.  Thereafter the names shall be rotated by election  districts  by
      transposing the first named candidate to the bottom of the order at each
      succeeding  election  district, so that each name shall appear first and
      in each other position in an equal number, as nearly as possible, of the
      election  districts  and  except,  further,  that  where  two  or   more
      candidates  are  to  be elected to the same party position, the names of
      candidates for such a position which  appear  on  the  same  designating
      petition  shall  be grouped together on the ballot in the order in which
      their names appear on the designating petition  and  the  group  rotated
      alphabetically  in  relation  to  other  groups or individual candidates
      according to the surname of the first person on the designating petition
      of such  group.    Groups  of  candidates  for  delegate  and  alternate
      delegate, and groups of candidates for male and female delegate and male
      and  female  alternate delegate to the same convention designated on the
      same petition shall be rotated together alphabetically  in  relation  to
      other  groups  or  individual candidates according to the surname of the
      first person listed  on  such  designating  petition  in  the  group  of
      candidates   for  whichever  of  such  delegate  or  alternate  delegate
      positions will appear first on the voting machine. If  the  rules  of  a
      party  committee provide for equal representation of the sexes among the
      members of a state committee   elected from each unit of representation,
      elections for male and female members of such a committee from a  single
      unit of representation shall be conducted as elections for two different
      party  positions.  Notwithstanding  the provisions of this paragraph, if
      the board of elections has assigned numbers to  the  candidates  for  an
      office  or  position  because  of  identical or similar names among such
      candidates, the names of such candidates shall be placed under the title
      of such office or position in the order of such numbers in such first or
      lowest numbered district, and the names shall not be rotated by election
    
      district. Such names shall appear in the identical order on each  ballot
      in each election district.
        County  committee  candidates or groups of candidates shall be printed
      within the first election district of each  assembly  district  or  part
      thereof,  according  to  the priority of filing of designating petitions
      and they shall then be rotated  by  election  district  by  placing  the
      candidate  or group of candidates designated in the same petition as the
      candidate or group of candidates which was printed first in an  election
      district  at  the  bottom  of  the order in the next succeeding election
      district in which a candidate or group of candidates designated in  such
      petition appears on the ballot.
        In  cases where a name is added to or removed from the ballot by court
      order too late to make  a  complete  adjustment  to  these  requirements
      feasible,  the name may be added at the bottom of the list of candidates
      in all election districts, or removed from the ballot  in  all  election
      districts  without changing the previously arranged order of other names
      and without invalidating the election.   Any inadvertent  error  in  the
      order  of names discovered too late to correct the order of the names on
      the ballots concerned shall not invalidate an election.
        Except where a contest or candidate is  removed  from  the  ballot  by
      court  order  too  late  to make complete compliance with this paragraph
      feasible, the title of each public office  or  party  position  and  the
      names  of  the  candidates  for such office or position appearing on any
      voting machine used for primary elections in the city of New York  shall
      appear  on  such  machine  immediately  adjacent  to one another, either
      horizontally or vertically; and no blank spaces shall separate the names
      of candidates actually running for an office or party position  on  such
      voting  machine, and no blank spaces shall separate any two such offices
      or positions which appear on such voting machine in the same  column  or
      row.