N.Y. Election Law Section 8-312

  • election day paper ballots, marking and casting, delivery to voter


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.


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.


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.


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.


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 § 7-120 (Ballots)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.


Election day paper ballots being used with optical scan voting systems or intended to be counted by hand pursuant to subdivision one of § 7-200 (Adoption and use of voting machine or system)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.

Source: Section 8-312 — Voting; election day paper ballots, marking and casting, delivery to voter, https://www.­nysenate.­gov/legislation/laws/ELN/8-312 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 8-312’s source at nysenate​.gov

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