#EndTheOvervote

[esand...@gmail.com]

We all know that the bane of democracy is the so-called "overvote" rule, and that removing it on a state-by-state basis effectively institutes Approval Voting.

But where exactly is the "overvote" rule defined? 

In New York State, for example, I've reviewed the 2015 election laws and found this main definition of "overvote":

§ 6210.13 Standards for determining valid votes

(a) The following general standards shall apply in the counting of all ballots and votes, regardless of the voting system used: 

(5) Overvote. If a contest is marked with a greater number of choices of different candidates or ballot questions than the number for which he or she is lawfully entitled to vote, the vote shall not be counted for that contest, but shall be counted in all other contests in which there are no overvotes and the voter’s choice can be clearly determined.

[pg. 578]

Okay, so an "overvote" is when a voter marks a "greater number of choices of different candidates or ballot questions than the number for which he or she is lawfully entitled to vote" -- so now we need a definition of "lawfully entitled to vote."

So I search for the words "lawfully entitled"--and I find only this relevant clause:

§ 7–202. Voting machine or system; requirements of 

1. A voting machine or system to be approved by the state board of elections shall: 

d. if the voter selects votes for more than one candidate for a single office, except where a voter is lawfully entitled to vote for more than one person for that office, notify the voter that the voter has selected more than one candidate for a single office on the ballot, notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office, and provide the voter with the opportunity to correct the ballot before the ballot is cast and counted; 

[pg. 255]

 

But this doesn't clarify the definition of "lawfully entitled to vote" at all.

I keep looking, but I can't find anywhere in the election laws that specifies how many people a voter is "lawfully entitled" to vote for in a given election. 

So where, if anywhere, does New York State specify how many people a voter is "lawfully entitled" to vote for, and thereby define its "overvote" law?

And in the absence of such standards, what legal authority does New York State have to discard my ballot when I vote for more people than winners (of that office)?

2015 NY STATE ELECTION LAWS:

http://www.elections.ny.gov/NYSBOE/download/law/2015NYElectionLaw.pdf

[Clay Shentrup]

Sounds like you have the ingredients for a lawsuit.

[Bruce Gilson]

​I suspect you need to look at, not the general election laws, but the laws (or constitutional provisions) creating the offices and specifying how they are filled. What does the NY State Constitution say about the mode of electing the Governor, for example?