Now the Brennan Center reveals another gaffe that harkens back to the Palm Beach County butterfly ballot fiasco of 2000.
A sample ballot given to the center by the board tells New Yorkers to vote for a candidate by filling in “the oval above or next to the name of the candidate.” According to the center, similar instructions will be posted in privacy booths. Actually, though, voters should fill in the box under the name of the candidate.
The instructions could leave a voter wanting to cast a ballot for Carl Paladino on the Taxpayers Party line actually voting for the Green Party’s Howie Hawkins.
Apparently absentee ballots have the correct instructions indicating the board actually does know up from down — but not how to proofread.
In a letter to the attorneys for the city and state, the center asked that “the City Board of Elections take immediate action to correct this mistake to ensure that voters are not confused and that ballots are counted as they were intended to be cast.”
Use the above link to read the letter.
The Board of Elections issued a statement on Thursday in response to questions about the erroneous ballot instructions. "On November 2, New York City voters will vote using a paper ballot and optical scanner. To vote for a candidate whose name appears on the paper ballot, voters need to fill in the oval that appears within the voting square for that candidate."
"To ensure that all voters are comfortable and confident using the new voting system, the Board of Elections in the City of New York is placing in every privacy booth at all poll sites, instructions that inform voters that they need to fill in the oval below the candidate name they wish to vote for. The Board is also reinforcing instructions on how to correctly fill out the paper ballot by highlighting this information in upcoming newspaper advertisements and by producing a detailed instructional voter palm card which includes a photo of a correctly marked oval. This palm card will be distributed at every poll site on Election Day and will also be available shortly on the Board’s website," the statement concluded.
The incorrect wording of the instructions is actually mandated by state law.
The provision of New York State Election Law § 7-106 which mandates how the instructions are to be printed on the ballot, reads:
"(2) To vote for a candidate whose name is printed on this ballot fill in the (insert oval or square, as applicable) above or next to the name of the candidate."
City election officials have previously said that almost every aspect of the ballot design is dictated by state law, preventing changes that would make ballots easier to use.
This is another sample of the dysfunction with our state government. They never thought to change the election laws after picking their new voting system.
NYC Wins When Everyone Can Vote!
Michael H. Drucker
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