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New York Consolidated Laws, Election Law - ELN § 5-702. Voters' check cards;  investigation

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1. The board of elections shall cause a bipartisan team of regular or special employees of such board to conduct an investigation of the qualifications to register and vote, or cause a voter's check card to be prepared for each voter who was registered after being challenged or who was challenged after registration and, if requested by any member of the board, for any other voter.  The board shall forthwith deliver each such voter's check card to the head of the police department in the city, town or village in which the voter resides, or, if there be no such police department, to the sheriff or head of the police department of the county.  The board shall make and retain an inventory list of all cards so delivered.

2. The head of the police department or sheriff, forthwith shall cause an investigation to be made to determine, in each instance, whether the registrant resides, and how long he has resided, at the address at which he claims a residence, and to check the facts relating to why the voter was challenged.  Such investigation shall be completed within five days after receipt of such check cards.  Each check card shall be signed with the title or rank, badge number, if any, and signature of the police officer, sheriff or deputy making the investigation, who shall note above such signature whether he personally interviewed the registrant and, if not, the full name of at least one other person whom he personally interviewed at the registrant's claimed residence or place of employment;  the place, date and hour of such interview;  the family relationship, if any, between the registrant and the person interviewed;  and any reason he may have to believe that the registrant does not reside at the address given or does not possess the qualifications prescribed by this chapter for eligibility for registration.  If he is satisfied that the registrant resides at such address and does possess such qualifications he shall write the word “valid” above his signature.  If the officer charged with or actually making such investigation knows of his personal knowledge that the registrant is a qualified voter in the election district in which such registrant claims a residence, he may, without further investigation, endorse on such check card, above his title or rank, badge number, if any, and signature, the words “Valid;  Personal knowledge.”  Such endorsement shall be considered for all purposes as a statement under oath by such officer that the registrant is qualified to vote from the residence claimed.

3. No later than the sixth day after receipt of such check cards from the board of elections the head of the police department or sheriff shall return them, in sealed wrappers and in each instance endorsed as required by subdivision two of this section, to the board of elections.  Each wrapper shall contain all of the check cards for a single election district, alphabetically arranged in two groups.  The first group shall contain all the check cards marked “Valid” or “Valid:  Personal knowledge.”  The second group shall contain the remainder of such check cards.  On the face of the wrapper such forwarding officer shall cause to be noted his name and the title of his office, the city, town or village, assembly district or ward, if any, and the election district of the cards in the wrapper, the total number of check cards marked “Valid” and “Valid;  Personal knowledge”, the number of other check cards, and the total of all check cards contained in such wrapper.  With each such wrapper the forwarding officer shall present to the board of elections a receipt, containing the information required to be stated on such wrapper.  The original of such receipt shall be retained by the forwarding officer.  The duplicate of such receipt shall be filed in the board of elections.

4. The board of elections forthwith shall compare such check cards for each election district with the inventory list prepared as directed by subdivision one of this section, the certificates executed by the registration board, the challenge affidavits executed in such district and returned to the board of elections and the registration cards of all applicants for whom check cards were executed and shall investigate any discrepancies.

5. The board of elections shall file all such check cards which are marked “Valid” or “Valid:  Personal knowledge” in a separate file maintained by it for such purpose.  Within such file, all cards shall be arranged by election districts and alphabetically within such districts.

6. The board of elections shall likewise file all such check cards which are not marked “Valid” or “Valid:  Personal knowledge” in a separate file or ledgers maintained by it for such purpose.

6-a. Repealed.

7. If it appears from the check card that the registrant does not reside at the address from which he is registered, the board shall proceed in the manner prescribed by section 5-402 of this article.

8. Whenever it appears to the satisfaction of a board of elections that any voter or witness has made a false statement, whether or not under oath, affecting his qualifications to be registered or has given false testimony at any hearing affecting such registration, such board forthwith shall forward such statement or testimony to the district attorney and the district attorney forthwith shall present the matter to the grand jury.

9. Check cards.  The state board of election shall prescribe a form of registration check card for use pursuant to this article.

10. Redesignated 9.

Cite this article: - New York Consolidated Laws, Election Law - ELN § 5-702. Voters' check cards;  investigation - last updated January 01, 2021 |

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