State Codes and Statutes

Statutes > New-york > Eln > Article-9 > Title-1 > 9-112

§  9-112.  Canvass ballots; validity of ballot. 1. The whole ballot is  void if the voter (a) does any act  extrinsic  to  the  ballot  such  as  enclosing any paper or other article in the folded ballot or (b) defaces  or  tears  the  ballot  except that a ballot card which is in perforated  sections shall not be void because it has been separated  into  sections  or  (c)  makes  any  erasure thereon or (d) makes any mark thereon other  than a cross X mark or a check V mark in a voting square, or filling  in  the  voting  square, or punching a hole in the voting square of a ballot  intended to be counted by machine or (e) writes, other than in the space  provided, a name for the purpose of voting; except that an erasure or  a  mark  other than a valid mark made in a voting square shall not make the  ballot void, but shall render it blank as to the office, party  position  or ballot proposal in connection with which it is made.  No ballot shall  be  declared void or partially blank because a mark thereon is irregular  in form. The  term  "voting  square"  shall  include  the  voting  space  provided  for  a  voter  to  mark  his  vote  for  a candidate or ballot  proposal.    2. A cross X mark or a check V mark, made by the voter,  in  a  voting  square at the left of a candidate's name, or the voter's filling in such  voting  square,  or  punching  a  hole  in the voting square of a ballot  intended to be counted by machine, shall be counted as a vote  for  such  candidate.    3. A vote shall be counted for a person whose name is written in under  the title of an office or party position only if such name is written by  the voter upon the ballot in the proper space provided therefor and only  if  such name is not printed under the title of such office or position.  A voting mark before or after such written in name shall not  invalidate  the vote.    4.  If,  in  the  case of a candidate whose name appears on the ballot  more than once for the same office, the voter shall make a cross X  mark  or  a  check  V  mark  in  each of two or more voting squares before the  candidate's name, or fill in such voting squares or punch out  the  hole  in  two  or  more  voting  squares of a ballot intended to be counted by  machine, only the first vote shall be counted  for  such  candidate.  If  such  vote  was  cast for the office of governor, such vote shall not be  recorded in the tally sheet or returns in a separate place on the  tally  sheet as a vote not for any particular party or independent body.    5.  If  a  voter  makes  a  cross X mark or a check V mark in a voting  square following the word "Yes"  or  the  word  "No",  before  a  ballot  proposal,  or  fills in such square, or punches out the hole in a voting  square of a ballot intended to be counted by machine, such mark shall be  counted in the affirmative or negative, as so indicated.    6. If the voter marks more names than there are persons to be  elected  or  nominated  for an office, or elected to a party position, or makes a  mark in a place or manner not herein provided for, or if for any  reason  it  is  impossible  to  determine  the  voter's choice of a candidate or  candidates for an office or party position or his  vote  upon  a  ballot  proposal,  his  vote shall not be counted for such office or position or  upon the ballot proposal, but shall be returned as a blank vote thereon.

State Codes and Statutes

Statutes > New-york > Eln > Article-9 > Title-1 > 9-112

§  9-112.  Canvass ballots; validity of ballot. 1. The whole ballot is  void if the voter (a) does any act  extrinsic  to  the  ballot  such  as  enclosing any paper or other article in the folded ballot or (b) defaces  or  tears  the  ballot  except that a ballot card which is in perforated  sections shall not be void because it has been separated  into  sections  or  (c)  makes  any  erasure thereon or (d) makes any mark thereon other  than a cross X mark or a check V mark in a voting square, or filling  in  the  voting  square, or punching a hole in the voting square of a ballot  intended to be counted by machine or (e) writes, other than in the space  provided, a name for the purpose of voting; except that an erasure or  a  mark  other than a valid mark made in a voting square shall not make the  ballot void, but shall render it blank as to the office, party  position  or ballot proposal in connection with which it is made.  No ballot shall  be  declared void or partially blank because a mark thereon is irregular  in form. The  term  "voting  square"  shall  include  the  voting  space  provided  for  a  voter  to  mark  his  vote  for  a candidate or ballot  proposal.    2. A cross X mark or a check V mark, made by the voter,  in  a  voting  square at the left of a candidate's name, or the voter's filling in such  voting  square,  or  punching  a  hole  in the voting square of a ballot  intended to be counted by machine, shall be counted as a vote  for  such  candidate.    3. A vote shall be counted for a person whose name is written in under  the title of an office or party position only if such name is written by  the voter upon the ballot in the proper space provided therefor and only  if  such name is not printed under the title of such office or position.  A voting mark before or after such written in name shall not  invalidate  the vote.    4.  If,  in  the  case of a candidate whose name appears on the ballot  more than once for the same office, the voter shall make a cross X  mark  or  a  check  V  mark  in  each of two or more voting squares before the  candidate's name, or fill in such voting squares or punch out  the  hole  in  two  or  more  voting  squares of a ballot intended to be counted by  machine, only the first vote shall be counted  for  such  candidate.  If  such  vote  was  cast for the office of governor, such vote shall not be  recorded in the tally sheet or returns in a separate place on the  tally  sheet as a vote not for any particular party or independent body.    5.  If  a  voter  makes  a  cross X mark or a check V mark in a voting  square following the word "Yes"  or  the  word  "No",  before  a  ballot  proposal,  or  fills in such square, or punches out the hole in a voting  square of a ballot intended to be counted by machine, such mark shall be  counted in the affirmative or negative, as so indicated.    6. If the voter marks more names than there are persons to be  elected  or  nominated  for an office, or elected to a party position, or makes a  mark in a place or manner not herein provided for, or if for any  reason  it  is  impossible  to  determine  the  voter's choice of a candidate or  candidates for an office or party position or his  vote  upon  a  ballot  proposal,  his  vote shall not be counted for such office or position or  upon the ballot proposal, but shall be returned as a blank vote thereon.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-9 > Title-1 > 9-112

§  9-112.  Canvass ballots; validity of ballot. 1. The whole ballot is  void if the voter (a) does any act  extrinsic  to  the  ballot  such  as  enclosing any paper or other article in the folded ballot or (b) defaces  or  tears  the  ballot  except that a ballot card which is in perforated  sections shall not be void because it has been separated  into  sections  or  (c)  makes  any  erasure thereon or (d) makes any mark thereon other  than a cross X mark or a check V mark in a voting square, or filling  in  the  voting  square, or punching a hole in the voting square of a ballot  intended to be counted by machine or (e) writes, other than in the space  provided, a name for the purpose of voting; except that an erasure or  a  mark  other than a valid mark made in a voting square shall not make the  ballot void, but shall render it blank as to the office, party  position  or ballot proposal in connection with which it is made.  No ballot shall  be  declared void or partially blank because a mark thereon is irregular  in form. The  term  "voting  square"  shall  include  the  voting  space  provided  for  a  voter  to  mark  his  vote  for  a candidate or ballot  proposal.    2. A cross X mark or a check V mark, made by the voter,  in  a  voting  square at the left of a candidate's name, or the voter's filling in such  voting  square,  or  punching  a  hole  in the voting square of a ballot  intended to be counted by machine, shall be counted as a vote  for  such  candidate.    3. A vote shall be counted for a person whose name is written in under  the title of an office or party position only if such name is written by  the voter upon the ballot in the proper space provided therefor and only  if  such name is not printed under the title of such office or position.  A voting mark before or after such written in name shall not  invalidate  the vote.    4.  If,  in  the  case of a candidate whose name appears on the ballot  more than once for the same office, the voter shall make a cross X  mark  or  a  check  V  mark  in  each of two or more voting squares before the  candidate's name, or fill in such voting squares or punch out  the  hole  in  two  or  more  voting  squares of a ballot intended to be counted by  machine, only the first vote shall be counted  for  such  candidate.  If  such  vote  was  cast for the office of governor, such vote shall not be  recorded in the tally sheet or returns in a separate place on the  tally  sheet as a vote not for any particular party or independent body.    5.  If  a  voter  makes  a  cross X mark or a check V mark in a voting  square following the word "Yes"  or  the  word  "No",  before  a  ballot  proposal,  or  fills in such square, or punches out the hole in a voting  square of a ballot intended to be counted by machine, such mark shall be  counted in the affirmative or negative, as so indicated.    6. If the voter marks more names than there are persons to be  elected  or  nominated  for an office, or elected to a party position, or makes a  mark in a place or manner not herein provided for, or if for any  reason  it  is  impossible  to  determine  the  voter's choice of a candidate or  candidates for an office or party position or his  vote  upon  a  ballot  proposal,  his  vote shall not be counted for such office or position or  upon the ballot proposal, but shall be returned as a blank vote thereon.