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New York Consolidated Laws, Election Law - ELN § 5-904. Presumption of innocent authorized error

Current as of January 01, 2026 | Updated by Findlaw Staff

1. Notwithstanding subdivision six of section 5-210 of this article or any other law to the contrary, a person who is ineligible to vote who fails to decline to register or pre-register to vote in accordance with the provisions of this section and did not willfully and knowingly seek to register or pre-register to vote knowing that the person is not eligible to do so:

(a) shall not be guilty of any crime as the result of the applicant's failure to make such declination;

(b) shall be deemed to have been registered or pre-registered with official authorization;  and

(c) such act may not be considered as evidence of a claim to citizenship.

2. Notwithstanding subdivision six of section 5-210 of this article or any other law to the contrary, a person who is ineligible to vote who fails to decline to register or pre-register to vote in accordance with the provisions of this section, who then either votes or attempts to vote in an election held after the effective date of that person's registration, and who did not willfully and knowingly seek to register or pre-register to vote knowing that the person is not eligible to do so, and did not subsequently vote or attempt to vote knowing that the person is not eligible to do so:

(a) shall not be guilty of any crime as the result of the applicant's failure to make such declination and subsequent vote or attempt to vote;

(b) shall be deemed to have been registered or pre-registered with official authorization;  and

(c) such act may not be considered as evidence of a claim to citizenship.

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Cite this article: FindLaw.com - New York Consolidated Laws, Election Law - ELN § 5-904. Presumption of innocent authorized error - last updated January 01, 2026 | https://codes.findlaw.com/ny/election-law/eln-sect-5-904/

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