State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-312

§  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.

State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-312

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-3 > 8-312

§  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.