Voting; presence of other persons prohibited; time for voting

Checkout our iOS App for a better way to browser and research.

  • (a) The elector, after having been certified to vote and after having received upon his request verbal instructions as to the manner of voting from an election official, shall retire to a voting booth and vote the ballot on the electronic voting machine by depressing the button or buttons opposite the party emblem or candidate of the elector's choice.

  • (b) At primary elections, the elector shall prepare his ballot in the following manner:

    • (1) He shall vote for the candidates of his choice for nomination or election, according to the number of persons to be voted for by him, for each office, by depressing the button(s) opposite the name of the candidate, or he may insert, by pasting, in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the making of a crossmark (X).

    • (2) -(4) [Repealed.]

  • (c) At the general elections, an elector shall prepare his ballot in the following manner:

    • (1) He may vote for the candidates of his choice for each office to be filled according to the number of persons to be voted for by him for each office, by depressing the button(s) opposite the name of the candidate, or he may insert by pasting, in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the making of a crossmark (X).

    • (2) If he desires to vote for every candidate of a political party, he may depress the button(s) opposite the name of the political party of his choice in the Party Column on the ballot, and every such depression(s) shall be equivalent to and counted as a vote for every candidate of the party so marked whose name appears on the ballot.

    • (3) If the voter depresses the button opposite the name of a candidate of a party and also depresses the button opposite the same party in the Party Column on the ballot of the electronic voting machine, then the depression in the Party Column shall be the equivalent to and shall be counted as a vote for every candidate of the party so marked with the mechanical device.

    • (4) If an elector wishes to vote a split ticket, that is, to vote for any combination of candidates from different political parties or political bodies or independent candidates, he shall make a depression opposite the names of the candidates for whom he wishes to vote.

    • (5) If a political party does not have a complete slate of candidates for a particular office, the elector may vote for every candidate of a political party by depressing the button opposite the name of the political party and by also voting for a certain number of additional candidates, so that the total number of candidates voted for by voting for the party slate plus the additional candidates does not exceed the number of candidates for which the elector is entitled to vote.

    • (6) [Repealed.]

  • (d) In any case of doubt or conflict, the marking of the ballot shall be deemed to be valid in such a way that wherever the intention of the voter appears, although the marking may be defective, the ballot shall be deemed to be valid and such intention shall be given effect.

  • (e) He shall then leave the voting booth and immediately give his name to the election officers, who shall enter his name on a list of voters who have voted.

  • (f) Except as provided by section 585 of this title, no other person shall be present with the voter while the latter is in the voting booth.

  • (g) No elector shall remain in the voting booth for more than five minutes. If the elector requests a longer period of time, an election officer shall grant him a longer period of time, at his discretion, not to exceed five minutes. If the elector refuses to leave the voting booth after such additional time has been granted, the election official shall summon a police officer who shall remove the elector.


Download our app to see the most-to-date content.