Laws of New York (Last Updated: November 21, 2014) |
ELN Election |
Article 8. CONDUCT OF ELECTIONS |
Title 3. CASTING THE BALLOT |
Section 8-312. Voting; paper ballots, marking and casting
Latest version.
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1. On receiving his ballot, the voter forthwith and without leaving the inclosed space shall retire alone, unless he be entitled to assistance in voting, to an unoccupied voting booth and mark his ballot, using a pen having blue or black ink or a pencil having black lead. He shall not occupy a booth more than five minutes if other voters are waiting to occupy it. If the voter wrongly marks, defaces or tears a ballot or one of a set of ballots, he may successively obtain others, one set at a time, not exceeding three sets in all, upon returning to the inspectors or clerks each set of ballots already received. 2. When the voter shall have prepared his ballot or ballots, he shall leave the booth with each ballot folded so as to conceal the face thereof but to show the indorsement and facsimile of the official signature on the back, and keeping the same so folded, shall proceed at once to the inspector in charge of the ballot box, and shall offer such ballot or ballots to such inspector. If the ballot or ballots are properly folded, and have no mark or tear visible on the outside thereof, except the printed number on the stub and the printed indorsement on the back, and if such number is the same as that entered in the registration poll record, as the number on the stub or stubs of the official ballot or set of ballots last delivered to him, such inspector shall receive such ballot or ballots, and after removing the stub or stubs therefrom in plain view of the voter, and without removing any other part of the ballot, and without unfolding the ballot or in any way exposing any part of the face of the ballot below the stub, shall deposit each ballot in the proper ballot box for the reception of voted ballots of the kind so received, and the stubs in the box for detached stubs. 3. Upon voting, the voter forthwith shall pass outside the guardrail, unless he 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 shall be deemed to have commenced the act of voting, and if, after receiving such official ballot, he shall leave the space inclosed by the guard-rail before the deposit of his ballot in the ballot box, as hereinbefore provided, he 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 box except for emergency ballots as provided for herein. No person to whom any paper ballot shall be delivered shall leave the space within the guard-rail until after he shall have delivered back all such ballots received by him either to the inspectors or to the clerks.