State Codes and Statutes

Statutes > New-york > Eln > Article-7 > Title-1 > 7-116

§  7-116.  Ballots;  order  of  names  on. 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 lotrequired 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 electiondistrict. 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.

State Codes and Statutes

Statutes > New-york > Eln > Article-7 > Title-1 > 7-116

§  7-116.  Ballots;  order  of  names  on. 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 lotrequired 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 electiondistrict. 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-7 > Title-1 > 7-116

§  7-116.  Ballots;  order  of  names  on. 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 lotrequired 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 electiondistrict. 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.