New York Consolidated Laws, Election Law - ELN § 7-102. Ballot;  placing names and ballot proposals thereon

1. The names of all candidates and the form of submission of all duly certified ballot proposals shall be printed upon the official ballot except that at a primary election, no ballot proposals or names of candidates for uncontested offices or party positions shall be printed upon the official ballot.

2. In the event that two or more persons with identical names are designated as candidates for the same office or position at any primary election, a different number shall be included with the name of every candidate for such office or position on such ballot.  Such number shall be in arabic numerals and shall be placed at the beginning of each such candidate's name.  The board of elections with which the certificates or petitions of designation for such candidates are filed shall determine such numbers by lot not later than ten days after the last day to file such certificates or petitions upon at least five days written notice by first class mail to each such candidate.  Such notice shall also contain information concerning the provisions of subdivision four of this section and the deadlines for filing the information provided for in such subdivision four.

3. a. In the event that a candidate in a primary election believes that the name of another candidate for the same office or position at such election is sufficiently similar to his so as to cause confusion among the voters, such candidate may, not later than five days after the last day to file the certificates or petitions of designation, file with the board of elections with which such certificates or petitions of designation are filed, a request that such board determine that such a sufficient similarity exists.

b. The board of elections shall meet to hear arguments on, and make a determination with respect to such a request, not later than seven days after the last day to make such request, upon five days written notice by first class mail to every candidate for such office or position.  Such notice shall also contain information concerning the provisions of subdivision four of this section and the deadlines for filing the information provided for in such subdivision four.

c. If such board makes a determination that such a similarity exists, it shall forthwith assign a different number, which it shall determine by lot, to be included with the name of every candidate for such office or position on such ballot.  Such number shall be in arabic numerals and shall be placed at the beginning of each such candidate's name.

4. a. If such board assigns numbers to candidates' names pursuant to the provisions of subdivision two or three of this section it shall also prepare for distribution at such election, a leaflet which contains biographical information on each such candidate, on one side of a single sheet of paper in the order of the numbers it has assigned to such candidates.  If such leaflet is published in a second language in addition to English, the two language versions shall appear on opposite sides of the same sheet of paper.  Such biographical information may not exceed one hundred words and may only include such candidate's name, address, present and past public offices held, present and past occupations and employers, other public service experience, educational background and organizational affiliations.

b. Each candidate for an office or position for which such numbers are assigned may file with such board, not later than fourteen days after such determination, any or all of the information permitted by paragraph a of this subdivision in the form in which such candidate wishes such information to appear in such leaflet.  If such board determines that such filing does not comply with the requirements of this subdivision, it shall notify such candidate forthwith by first class mail.  Such candidate may file revised information with such board not later than ten days after such notice was mailed.  If a candidate does not make a filing within the times prescribed by this paragraph, the words “no information supplied” shall appear next to his name on such leaflet.


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