New York Election Code § 8-316

Ballots; mutilated or spoiled
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§ 8-316. Ballots; mutilated or spoiled. If a ballot is found to be\ndefective or mutilated before it is delivered to the voter, its stub and\nthe stubs of all other ballots in the set shall be detached immediately\nand placed in the box for stubs, by the clerks, or if there are no\nclerks by the inspector assigned to the duty of delivering ballots, and\nall the ballots of that set immediately shall be marked "cancelled", and\nplaced in the box for spoiled and mutilated ballots. If a voter returns\na ballot as defective, mutilated, defaced, or wrongly marked, he shall\nalso return all the other ballots of the set, if any, and such clerks or\ninspector shall likewise remove their stubs, placing all the stubs in\nthe box for stubs and all the ballots of the set in the box for spoiled\nor mutilated ballots, first marking the ballots "cancelled". In each\ncase, the voter shall receive another ballot or set of ballots, unless\nnot entitled thereto.\n

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