§ 16-108 — Proceedings as to registration and voting

New York § 16-108

• Jurisdiction: New York
• Law ELN: Election
• Art. 16: Judicial Proceedings

Text

§ 16-108. Proceedings as to registration and voting. 1. The supreme\ncourt, by a justice thereof within the judicial district, or the county\ncourt, by a county judge within his county, in a proceeding instituted\nby any voter to whom registration has been unlawfully refused, shall\ncompel, by order, the registration of such voter, and, in a proceeding\ninstituted by any voter duly qualified to vote in this state, or by the\nstate board of elections, shall, by order, direct the cancellation of\nthe registration of any person who shall unlawfully be registered, and\nshall order the board of elections or other official charged with the\nconduct of registration to carry out such order.\n 2. In any such proceeding the board of elections or other official\ncharged with the conduct of the election, in which it is claimed the\nregistration of the voter unlawfully was refused or unlawfully\nregistered, shall be a necessary party and the person whose name is\nsought to be stricken from the register shall likewise be a necessary\nparty, and the board and such person shall receive such notice as the\ncourt, justice or judge shall direct.\n 3. Such court, in a proceeding instituted by any voter unlawfully\ndenied the right to vote by the inspectors, shall, by order, direct that\nhe be allowed to vote at his polling place and within the hours\nestablished by law. Such order shall, where necessary, direct the board\nof elections to complete the voter's registration and enrollment\nrecords.\n 4. Such court, justice or judge, in a proceeding instituted by any\nvoter unlawfully denied an early mail or absentee ballot or the\napplication therefor, shall compel, by order, the delivery to such voter\nof a ballot or application.\n 5. An affidavit by any officer or employee of the board of elections,\nor by any police officer, sheriff or deputy sheriff, or by any special\ninvestigator appointed by the state board of elections, that he or she\nvisited the premises claimed by the applicant as his or her residence\nand that he interrogated an incarcerated individual, housedweller,\nkeeper, caretaker, owner, proprietor or landlord thereof or therein as\nto the applicant's residence therein or thereat, and that he or she was\ninformed by one or more of such persons, naming them, that they knew the\npersons residing upon such premises and that the applicant did not\nreside upon such premises thirty days before the election, shall be\npresumptive evidence against the right of the voter to register from\nsuch premises.\n 6. For each primary, special and general election, the presiding\njustice of the appellate division of the first and second judicial\ndepartment shall, and the presiding justice of the appellate division of\nthe third and fourth judicial departments may assign one or more\njustices of the supreme court to sit at such offices of the board of\nelections and such other locations as may be designated to hear and\ndetermine all cases arising under this chapter relating to eligibility\nfor voting of such election.\n