N.Y. Comp. Codes R. & Regs. Tit. 9 § 6209.3 - Additional requirements for voting systems

(a) In addition to voting system requirements provided for elsewhere in this Part, paper-based systems shall:

(1) Allow the voter, at their choice, to vote a new ballot or submit the ballot 'as is'.

(2) An over-vote in one or more office or ballot proposals shall not prevent the counting of all other offices or ballot proposals contained on the ballot.

(3) In the case of candidates who appear on one or more party lines, the system shall be capable of correctly counting the vote according to provisions of Election Law, section 9-112.

(b) Ballot specifications.

(1) As to the printing and arrangement of ballots, all ballots shall meet the requirements as to form and content provided in section 7-121 of the Election Law.

(2) Ballots shall be printed in black print on a white background or on backgrounds of different colors to identify different types of ballots (i.e., emergency, affidavit, etc.) or in the case of a primary, to identify ballots for each political party according to the color assigned to such party pursuant to law.

(3) Coding which is both machine readable and manually readable shall be used to identify different ballot styles.

(4) Ballots used in the paper-based voting system shall be able to be counted by hand as well as be counted by machine.

(5) The types of ballots used and their form, type size and arrangement must be approved by the State Board of Elections.

(c) For all paper-based voting systems, the system shall count a mark on a ballot that is in a:

(1) sensitive area for a candidate whose name is on the ballot;

(2) sensitive area designated for write-in voting for a write-in candidate; or

(3) sensitive area for a ballot proposal.

(d) With regard to the central counting of absentee, affidavit, emergency and special ballots, the requirements of section 6209.2(f)(1)(iii)-(v), and (f)(2) of this Part not consistent with this section shall not apply.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6209.3