§ 5-702 — Voters' check cards; investigation

New York § 5-702

• Jurisdiction: New York
• Law ELN: Election
• Title 7: Checks Against Fraudulent Practices
• Art. 5: Registration and Enrollment of Voters

Text

§ 5-702. Voters' check cards; investigation. 1. The board of elections\nshall cause a bipartisan team of regular or special employees of such\nboard to conduct an investigation of the qualifications to register and\nvote, or cause a voter's check card to be prepared for each voter who\nwas registered after being challenged or who was challenged after\nregistration and, if requested by any member of the board, for any other\nvoter. The board shall forthwith deliver each such voter's check card to\nthe head of the police department in the city, town or village in which\nthe voter resides, or, if there be no such police department, to the\nsheriff or head of the police department of the county. The board shall\nmake and retain an inventory list of all cards so delivered.\n 2. The head of the police department or sheriff, forthwith shall cause\nan investigation to be made to determine, in each instance, whether the\nregistrant resides, and how long he has resided, at the address at which\nhe claims a residence, and to check the facts relating to why the voter\nwas challenged. Such investigation shall be completed within five days\nafter receipt of such check cards. Each check card shall be signed with\nthe title or rank, badge number, if any, and signature of the police\nofficer, sheriff or deputy making the investigation, who shall note\nabove such signature whether he personally interviewed the registrant\nand, if not, the full name of at least one other person whom he\npersonally interviewed at the registrant's claimed residence or place of\nemployment; the place, date and hour of such interview; the family\nrelationship, if any, between the registrant and the person interviewed;\nand any reason he may have to believe that the registrant does not\nreside at the address given or does not possess the qualifications\nprescribed by this chapter for eligibility for registration. If he is\nsatisfied that the registrant resides at such address and does possess\nsuch qualifications he shall write the word "valid" above his signature.\nIf the officer charged with or actually making such investigation knows\nof his personal knowledge that the registrant is a qualified voter in\nthe election district in which such registrant claims a residence, he\nmay, without further investigation, endorse on such check card, above\nhis title or rank, badge number, if any, and signature, the words\n"Valid; Personal knowledge." Such endorsement shall be considered for\nall purposes as a statement under oath by such officer that the\nregistrant is qualified to vote from the residence claimed.\n 3. No later than the sixth day after receipt of such check cards from\nthe board of elections the head of the police department or sheriff\nshall return them, in sealed wrappers and in each instance endorsed as\nrequired by subdivision two of this section, to the board of elections.\nEach wrapper shall contain all of the check cards for a single election\ndistrict, alphabetically arranged in two groups. The first group shall\ncontain all the check cards marked "Valid" or "Valid: Personal\nknowledge." The second group shall contain the remainder of such check\ncards. On the face of the wrapper such forwarding officer shall cause to\nbe noted his name and the title of his office, the city, town or\nvillage, assembly district or ward, if any, and the election district of\nthe cards in the wrapper, the total number of check cards marked "Valid"\nand "Valid; Personal knowledge", the number of other check cards, and\nthe total of all check cards contained in such wrapper. With each such\nwrapper the forwarding officer shall present to the board of elections a\nreceipt, containing the information required to be stated on such\nwrapper. The original of such receipt shall be retained by the\nforwarding officer. The duplicate of such receipt shall be filed in the\nboard of elections.\n 4. The board of elections forthwith shall compare such check cards for\neach election district with the inventory list prepared as directed by\nsubdivision one of this section, the certificates executed by the\nregistration board, the challenge affidavits executed in such district\nand returned to the board of elections and the registration cards of all\napplicants for whom check cards were executed and shall investigate any\ndiscrepancies.\n 5. The board of elections shall file all such check cards which are\nmarked "Valid" or "Valid: Personal knowledge" in a separate file\nmaintained by it for such purpose. Within such file, all cards shall be\narranged by election districts and alphabetically within such districts.\n 6. The board of elections shall likewise file all such check cards\nwhich are not marked "Valid" or "Valid: Personal knowledge" in a\nseparate file or ledgers maintained by it for such purpose.\n 7. If it appears from the check card that the registrant does not\nreside at the address from which he is registered, the board shall\nproceed in the manner prescribed by section 5-402 of this article.\n 8. Whenever it appears to the satisfaction of a board of elections\nthat any voter or witness has made a false statement, whether or not\nunder oath, affecting his qualifications to be registered or has given\nfalse testimony at any hearing affecting such registration, such board\nforthwith shall forward such statement or testimony to the district\nattorney and the district attorney forthwith shall present the matter to\nthe grand jury.\n 9. Check cards. The state board of election shall prescribe a form of\nregistration check card for use pursuant to this article.\n