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N.Y. ELN Law § 7-102

This is the official text of N.Y. ELN Law § 7-102, part of New York’s ELN Law — part of the compiled statutory law of New York, published by the state as "ELN Law." Browse the sections below, each linked to its official government source.

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Ballot; placing names and ballot proposals thereon

Official statutory text

§ 7-102. Ballot; placing names and ballot proposals thereon. 1. The\nnames of all candidates and the form of submission of all duly certified\nballot proposals shall be printed upon the official ballot except that\nat a primary election, no ballot proposals or names of candidates for\nuncontested offices or party positions shall be printed upon the\nofficial ballot.\n 2. In the event that two or more persons with identical names are\ndesignated as candidates for the same office or position at any primary\nelection, a different number shall be included with the name of every\ncandidate for such office or position on such ballot. Such number shall\nbe in arabic numerals and shall be placed at the beginning of each such\ncandidate's name. The board of elections with which the certificates or\npetitions of designation for such candidates are filed shall determine\nsuch numbers by lot not later than ten days after the last day to file\nsuch certificates or petitions upon at least five days written notice by\nfirst class mail to each such candidate. Such notice shall also contain\ninformation concerning the provisions of subdivision four of this\nsection and the deadlines for filing the information provided for in\nsuch subdivision four.\n 3. a. In the event that a candidate in a primary election believes\nthat the name of another candidate for the same office or position at\nsuch election is sufficiently similar to his or hers so as to cause\nconfusion among the voters, such candidate may, not later than five days\nafter the last day to file the certificates or petitions of designation,\nfile with the board of elections with which such certificates or\npetitions of designation are filed, a request that such board determine\nthat such a sufficient similarity exists.\n b. The board of elections shall meet to hear arguments on, and make a\ndetermination with respect to such a request, not later than seven days\nafter the last day to make such request, upon five days written notice\nby first class mail to every candidate for such office or position. Such\nnotice shall also contain information concerning the provisions of\nsubdivision four of this section and the deadlines for filing the\ninformation provided for in such subdivision four.\n c. If such board makes a determination that such a similarity exists,\nit shall forthwith assign a different number, which it shall determine\nby lot, to be included with the name of every candidate for such office\nor position on such ballot. Such number shall be in arabic numerals and\nshall be placed at the beginning of each such candidate's name.\n 4. a. If such board assigns numbers to candidates' names pursuant to\nthe provisions of subdivision two or three of this section it shall also\nprepare for distribution at such election, a leaflet which contains\nbiographical information on each such candidate, on one side of a single\nsheet of paper in the order of the numbers it has assigned to such\ncandidates. If such leaflet is published in a second language in\naddition to English, the two language versions shall appear on opposite\nsides of the same sheet of paper. Such biographical information may not\nexceed one hundred words and may only include such candidate's name,\naddress, present and past public offices held, present and past\noccupations and employers, other public service experience, educational\nbackground and organizational affiliations.\n b. Each candidate for an office or position for which such numbers are\nassigned may file with such board, not later than fourteen days after\nsuch determination, any or all of the information permitted by paragraph\na of this subdivision in the form in which such candidate wishes such\ninformation to appear in such leaflet. If such board determines that\nsuch filing does not comply with the requirements of this subdivision,\nit shall notify such candidate forthwith by first class mail
with such board, not later than fourteen days after\nsuch determination, any or all of the information permitted by paragraph\na of this subdivision in the form in which such candidate wishes such\ninformation to appear in such leaflet. If such board determines that\nsuch filing does not comply with the requirements of this subdivision,\nit shall notify such candidate forthwith by first class mail. Such\ncandidate may file revised information with such board not later than\nten days after such notice was mailed. If a candidate does not make a\nfiling within the times prescribed by this paragraph, the words "no\ninformation supplied" shall appear next to his name on such leaflet.\n

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