State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-306

§  8-306.  Voters;  assistance to. 1. A voter who states under oath to  the board of inspectors that he requires assistance may be  assisted  in  the  manner  and subject to the conditions and requirements provided for  in this section.    2. A board of inspectors of election shall assist any voter:    (a) who informs such board,  under  oath,  that  he  cannot  read  and  therefore requires assistance, or    (b)  who  cannot even with the aid of glasses see the names printed on  the official ballot, or    (c) who is so physically handicapped that he cannot do what is  needed  at  that  election  to  turn down the levers or use a write-in slot on a  voting machine, or mark a paper ballot, or    (d) who, unless aided by another person, cannot enter a voting booth.    3. Any voter who requires assistance to vote by reason  of  blindness,  disability  or  inability  to read or write may be given assistance by a  person of the voter's choice, other than the voter's employer  or  agent  of  the  employer  or  officer  or  agent  of the voter's union. A voter  entitled to assistance in voting who does not select a particular person  may be assisted by two election inspectors not  of  the  same  political  faith.    The  inspectors  or  person  assisting a voter shall enter the  voting machine or booth with him, help him in  the  preparation  of  his  ballot  and,  if  necessary,  in  the  return of the voted ballot to the  inspectors for deposit in the ballot box. The inspectors shall enter  in  the remarks space on the registration poll card of an assisted voter, or  next  to  the  name of such voter on the computer generated registration  list, the name of each officer or person rendering such assistance.    4. An election officer or other person assisting a voter shall not  in  any  manner  request or seek to persuade or induce the assisted voter to  vote any particular ticket, or for any particular candidate, or  for  or  against  any  particular ballot proposal, and shall not keep or make any  memorandum or entry of anything occurring within the  voting  booth  and  shall  not,  directly or indirectly, reveal to any other person the name  of any candidate voted for by such voter, or which ticket he has  voted,  except when required pursuant to law to give testimony as to such matter  in a judicial proceeding.    5.  A  person  other than an inspector, who assists a voter in voting,  shall make an oath before entering the booth that he "will  not  in  any  manner  request,  or  seek  to  persuade or induce the voter to vote any  particular ticket or for any particular candidate, and that he will  not  keep  or  make  any memorandum or entry of anything occurring within the  booth, and that he will not,  directly  or  indirectly,  reveal  to  any  person the name of any candidate voted for by the voter, or which ticket  he had voted, or anything occurring within the voting booth, except when  required  pursuant  to  law  to  give testimony as to such a matter in a  judicial proceeding."    6. If a voter makes any false representation to obtain  assistance  in  voting, he shall be punishable therefor as prescribed by law.    7.  For the instruction of voters, there may be so far as practicable,  in each polling place, a mechanically operated model of a portion of the  face of the voting machine. Such model, if furnished, shall  be  located  during  the  election  on  the  inspectors' table or in some other place  which the voters must pass to reach  the  machine.  Each  voter,  before  entering  the  machine, shall, upon request, be instructed regarding its  operation and such instruction illustrated on the model  and  the  voter  given  opportunity  personally  to  operate  the  model.    The  voter's  attention shall also be called to the facsimile ballot so that the voter  can become familiar with the location of the ballot proposals,  if  any,  and the location of the respective offices to be filled at the election.If  any  voter,  after  entering the voting machine booth and before the  closing of such booth, shall ask for further instructions concerning the  manner of voting, two inspectors of opposite political faith shall  give  such  instructions  to  him.   No inspector or other election officer or  other person instructing a voter, shall, in any manner, request, suggest  or seek to persuade or induce any such  voter  to  vote  any  particular  ticket, or for any particular candidate or for or against any particular  ballot  proposal.  After  giving such instructions, the inspectors shall  retire and such voter shall then close the booth and vote as in the case  of an unassisted voter.    8. In no event shall an inspector or any other person enter  a  voting  machine  or  booth  for  the  purpose of giving instructions to a voter,  after the voter has closed such booth, except as permitted herein.    9. Any voter requesting a sample ballot  shall  be  furnished  one  if  available and he may take it away from the polling place.

State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-306

§  8-306.  Voters;  assistance to. 1. A voter who states under oath to  the board of inspectors that he requires assistance may be  assisted  in  the  manner  and subject to the conditions and requirements provided for  in this section.    2. A board of inspectors of election shall assist any voter:    (a) who informs such board,  under  oath,  that  he  cannot  read  and  therefore requires assistance, or    (b)  who  cannot even with the aid of glasses see the names printed on  the official ballot, or    (c) who is so physically handicapped that he cannot do what is  needed  at  that  election  to  turn down the levers or use a write-in slot on a  voting machine, or mark a paper ballot, or    (d) who, unless aided by another person, cannot enter a voting booth.    3. Any voter who requires assistance to vote by reason  of  blindness,  disability  or  inability  to read or write may be given assistance by a  person of the voter's choice, other than the voter's employer  or  agent  of  the  employer  or  officer  or  agent  of the voter's union. A voter  entitled to assistance in voting who does not select a particular person  may be assisted by two election inspectors not  of  the  same  political  faith.    The  inspectors  or  person  assisting a voter shall enter the  voting machine or booth with him, help him in  the  preparation  of  his  ballot  and,  if  necessary,  in  the  return of the voted ballot to the  inspectors for deposit in the ballot box. The inspectors shall enter  in  the remarks space on the registration poll card of an assisted voter, or  next  to  the  name of such voter on the computer generated registration  list, the name of each officer or person rendering such assistance.    4. An election officer or other person assisting a voter shall not  in  any  manner  request or seek to persuade or induce the assisted voter to  vote any particular ticket, or for any particular candidate, or  for  or  against  any  particular ballot proposal, and shall not keep or make any  memorandum or entry of anything occurring within the  voting  booth  and  shall  not,  directly or indirectly, reveal to any other person the name  of any candidate voted for by such voter, or which ticket he has  voted,  except when required pursuant to law to give testimony as to such matter  in a judicial proceeding.    5.  A  person  other than an inspector, who assists a voter in voting,  shall make an oath before entering the booth that he "will  not  in  any  manner  request,  or  seek  to  persuade or induce the voter to vote any  particular ticket or for any particular candidate, and that he will  not  keep  or  make  any memorandum or entry of anything occurring within the  booth, and that he will not,  directly  or  indirectly,  reveal  to  any  person the name of any candidate voted for by the voter, or which ticket  he had voted, or anything occurring within the voting booth, except when  required  pursuant  to  law  to  give testimony as to such a matter in a  judicial proceeding."    6. If a voter makes any false representation to obtain  assistance  in  voting, he shall be punishable therefor as prescribed by law.    7.  For the instruction of voters, there may be so far as practicable,  in each polling place, a mechanically operated model of a portion of the  face of the voting machine. Such model, if furnished, shall  be  located  during  the  election  on  the  inspectors' table or in some other place  which the voters must pass to reach  the  machine.  Each  voter,  before  entering  the  machine, shall, upon request, be instructed regarding its  operation and such instruction illustrated on the model  and  the  voter  given  opportunity  personally  to  operate  the  model.    The  voter's  attention shall also be called to the facsimile ballot so that the voter  can become familiar with the location of the ballot proposals,  if  any,  and the location of the respective offices to be filled at the election.If  any  voter,  after  entering the voting machine booth and before the  closing of such booth, shall ask for further instructions concerning the  manner of voting, two inspectors of opposite political faith shall  give  such  instructions  to  him.   No inspector or other election officer or  other person instructing a voter, shall, in any manner, request, suggest  or seek to persuade or induce any such  voter  to  vote  any  particular  ticket, or for any particular candidate or for or against any particular  ballot  proposal.  After  giving such instructions, the inspectors shall  retire and such voter shall then close the booth and vote as in the case  of an unassisted voter.    8. In no event shall an inspector or any other person enter  a  voting  machine  or  booth  for  the  purpose of giving instructions to a voter,  after the voter has closed such booth, except as permitted herein.    9. Any voter requesting a sample ballot  shall  be  furnished  one  if  available and he may take it away from the polling place.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-306

§  8-306.  Voters;  assistance to. 1. A voter who states under oath to  the board of inspectors that he requires assistance may be  assisted  in  the  manner  and subject to the conditions and requirements provided for  in this section.    2. A board of inspectors of election shall assist any voter:    (a) who informs such board,  under  oath,  that  he  cannot  read  and  therefore requires assistance, or    (b)  who  cannot even with the aid of glasses see the names printed on  the official ballot, or    (c) who is so physically handicapped that he cannot do what is  needed  at  that  election  to  turn down the levers or use a write-in slot on a  voting machine, or mark a paper ballot, or    (d) who, unless aided by another person, cannot enter a voting booth.    3. Any voter who requires assistance to vote by reason  of  blindness,  disability  or  inability  to read or write may be given assistance by a  person of the voter's choice, other than the voter's employer  or  agent  of  the  employer  or  officer  or  agent  of the voter's union. A voter  entitled to assistance in voting who does not select a particular person  may be assisted by two election inspectors not  of  the  same  political  faith.    The  inspectors  or  person  assisting a voter shall enter the  voting machine or booth with him, help him in  the  preparation  of  his  ballot  and,  if  necessary,  in  the  return of the voted ballot to the  inspectors for deposit in the ballot box. The inspectors shall enter  in  the remarks space on the registration poll card of an assisted voter, or  next  to  the  name of such voter on the computer generated registration  list, the name of each officer or person rendering such assistance.    4. An election officer or other person assisting a voter shall not  in  any  manner  request or seek to persuade or induce the assisted voter to  vote any particular ticket, or for any particular candidate, or  for  or  against  any  particular ballot proposal, and shall not keep or make any  memorandum or entry of anything occurring within the  voting  booth  and  shall  not,  directly or indirectly, reveal to any other person the name  of any candidate voted for by such voter, or which ticket he has  voted,  except when required pursuant to law to give testimony as to such matter  in a judicial proceeding.    5.  A  person  other than an inspector, who assists a voter in voting,  shall make an oath before entering the booth that he "will  not  in  any  manner  request,  or  seek  to  persuade or induce the voter to vote any  particular ticket or for any particular candidate, and that he will  not  keep  or  make  any memorandum or entry of anything occurring within the  booth, and that he will not,  directly  or  indirectly,  reveal  to  any  person the name of any candidate voted for by the voter, or which ticket  he had voted, or anything occurring within the voting booth, except when  required  pursuant  to  law  to  give testimony as to such a matter in a  judicial proceeding."    6. If a voter makes any false representation to obtain  assistance  in  voting, he shall be punishable therefor as prescribed by law.    7.  For the instruction of voters, there may be so far as practicable,  in each polling place, a mechanically operated model of a portion of the  face of the voting machine. Such model, if furnished, shall  be  located  during  the  election  on  the  inspectors' table or in some other place  which the voters must pass to reach  the  machine.  Each  voter,  before  entering  the  machine, shall, upon request, be instructed regarding its  operation and such instruction illustrated on the model  and  the  voter  given  opportunity  personally  to  operate  the  model.    The  voter's  attention shall also be called to the facsimile ballot so that the voter  can become familiar with the location of the ballot proposals,  if  any,  and the location of the respective offices to be filled at the election.If  any  voter,  after  entering the voting machine booth and before the  closing of such booth, shall ask for further instructions concerning the  manner of voting, two inspectors of opposite political faith shall  give  such  instructions  to  him.   No inspector or other election officer or  other person instructing a voter, shall, in any manner, request, suggest  or seek to persuade or induce any such  voter  to  vote  any  particular  ticket, or for any particular candidate or for or against any particular  ballot  proposal.  After  giving such instructions, the inspectors shall  retire and such voter shall then close the booth and vote as in the case  of an unassisted voter.    8. In no event shall an inspector or any other person enter  a  voting  machine  or  booth  for  the  purpose of giving instructions to a voter,  after the voter has closed such booth, except as permitted herein.    9. Any voter requesting a sample ballot  shall  be  furnished  one  if  available and he may take it away from the polling place.