§ 17-102 — Misdemeanors at, or in connection with, primary elections, caucuses, enrollment in political parties, committees, and conventions

New York § 17-102

• Jurisdiction: New York
• Law ELN: Election
• Title 1: Violations of the Elective Franchise
• Art. 17: Protecting the Elective Franchise

Text

§ 17-102. Misdemeanors at, or in connection with, primary elections,\ncaucuses, enrollment in political parties, committees, and conventions.\nAny person who:\n 1. At a primary election or caucus of a party, wilfully votes, or\nattempts to vote, without being entitled to do so, or votes, or attempts\nto vote under any other name than his own or on the same day more than\nonce under his own name; or,\n 2. Votes, or offers to vote, at a primary election or caucus of a\nparty, having voted at the primary election or caucus of any other\npolitical party on the same day, or being at the time enrolled in a\nparty other than the party at whose primary or caucus he votes or offers\nto vote; or, who causes his name to be placed upon the rolls of a party\norganization of one party while his name is by his consent or\nprocurement upon the rolls of a party organization of another party; or,\n 3. At a primary election or caucus, for the purpose of affecting the\nresult thereof, votes or attempts to vote two or more ballots, or adds,\nor attempts to add, any ballot to those lawfully cast, by fraudulently\nintroducing the same into the ballot box before or after the ballots\ntherein have been counted, or who adds to or mixes with, or attempts to\nadd to or mix with, the ballots lawfully cast, another ballot or other\nballots before the votes have been counted or canvassed, or while the\nvotes are being counted or canvassed; or at any time abstracts any\nballots lawfully cast, with intent to change the result of such election\nor to change the count thereat in favor of or against any person voted\nfor at such election, or to prevent the ballots being recounted or used\nas evidence; or carries away, destroys, loses, conceals, detains,\nsecretes, mutilates, or attempts to carry away, destroy, conceal,\ndetain, secrete, or mutilate, any tally lists, ballots, ballot boxes,\nenrollment books, certificates of return, or any official documents\nprovided for by the election law or otherwise by law, for the purpose of\naffecting or invalidating the result of such election, or of destroying\nevidence; or in any manner interferes with the officers holding any\nprimary election or conducting the canvass of the votes cast thereat, or\nwith voters lawfully exercising, or seeking to exercise, their right of\nvoting at such primary election; or,\n 4. For the purpose of securing enrollment as a member of a political\nparty, or for the purpose of being allowed to vote at a primary election\nor caucus as a member of a political party makes, deposits or files with\na board of inspectors, or with any public officer or board, a false\ndeclaration of party affiliation or wilfully makes a false declaration\nof residence, either by an enrollment blank or otherwise, or falsely\nanswers any pertinent question asked him by the board of election\ninspectors, or by a member thereof; or,\n 5. Fraudulently or wrongfully does any act tending to affect the\nresult of any primary election, caucus or convention; or,\n 6. Induces or attempts to induce any poll clerk, election inspector,\nelection coordinator, or officer, clerk or employee of the board of\nelections discharging any duty or performing any act required or made\nnecessary by the election law at a primary election or in connection\nwith the registration or enrollment of voters, to do any act in\nviolation of his duty or in violation of the election law; or,\n 7. Directly or indirectly, by himself or through any other person,\npays, or offers to pay, money or other valuable thing, or promises a\nplace or position, or offers any other consideration or makes any other\npromise, to any person, to induce any voter to vote, or refrain from\nvoting, at a primary election or caucus, or convention, for or against\nany particular person; or does or offers to do, anything to hinder or\ndelay any elector from taking part in or voting at a primary election or\ncaucus; or,\n 8. By menace or other unlawful or corrupt means, directly or\nindirectly, influences or attempts to influence, the vote of any person\nentitled to vote at a primary election or caucus, or convention, or\nobstructs such person in voting, or prevents him from voting thereat;\nor,\n 9. Directly or indirectly, by himself or through another person,\nreceives money or other valuable thing, or a promise of a place or\nposition, before, at, or after any primary election or caucus, or\nconvention, for voting or refraining from voting for or against any\nperson, or for voting or refraining from voting at a primary election,\ncaucus or convention; or,\n 10. Being an officer, teller, canvasser, or inspector, at a primary\nelection or caucus, knowingly permits any fraudulent vote to be cast, or\nknowingly receives and deposits in the ballot box any ballots offered by\nany person not qualified to vote; or permits the removal of ballots from\nthe polling place before the close of the polls, or refuses to receive\nballots intended for the electors of the district, or refuses to deliver\nto any elector ballots intended for the electors of the district which\nhave been delivered to the board of inspectors, or permits\nelectioneering within the polling place or within one hundred feet\ntherefrom, or fails to keep order within the polling place, or permits\nany person other than the inspectors, or other persons permitted by this\nchapter to render assistance, to accompany an elector into a voting\nbooth, or enters the voting booth with any elector, except one entitled\nto receive such assistance in the preparation of his ballot, or permits\nany person, other than a voter who has not voted, or a watcher to come\nwithin the guard rail or removes or permits another to remove any mark\nplaced upon a ballot for its identification; or,\n 11. Being an officer, clerk or employee of the board of elections,\nelection inspector, poll clerk or election coordinator, knowingly puts\nopposite the name of an elector in an enrollment book any enrollment\nnumber other than the number opposite such name in the registration poll\nrecords of such district, or knowingly delivers to or receives from any\nelector on the day of registration an enrollment blank or envelope on\nwhich is any other enrollment number than the one opposite his name in\nsuch registration poll records or knowingly transcribes from an\nenrollment blank to the enrollment books any refusal to enroll or\nenrollment not indicated on the enrollment blank of the elector of such\ndistrict whose enrollment number appears on such enrollment blank, or\nrefuses or wilfully neglects to transcribe from any enrollment blank to\nthe proper enrollment books any refusal to enroll or enrollment\nindicated on the enrollment blank of such an elector, enrolls or\nattempts to enroll as a member of a political party upon any of the\nenrollment books, any person not qualified to enroll as such, or\nfraudulently enters thereupon the name of any person who has not\nenrolled as a member of any political party, or refuses or wilfully\nneglects to enroll upon any of the enrollment books the name of any\nqualified person who has demanded to be enrolled as a member of a\npolitical party, or at any time strikes from any of the enrollment books\nthe name of any person duly enrolled, or at any time adds to any of the\nenrollment books the name of any person not qualified to be enrolled as\na member of a political party, or the name of any person who in fact has\nnot enrolled as such; or makes marks upon, mutilates, carries away,\nconceals, alters, or destroys any enrollment blank or enrollment\nenvelope used or deposited by an elector on a day of registration for\nthe purpose of enrolling or refusing to enroll himself as a member of a\npolitical party; or mutilates, carries away, conceals, alters or\ndestroys, any statement or declaration made by a qualified voter for the\npurpose of enrolling as a member of the party; or, prior to the close of\nthe last meeting for registration in any year, mutilates, carries away,\nconceals, alters, or destroys any enrollment blanks or enrollment\nenvelopes not then delivered to electors; or,\n 12. Being an officer, teller, canvasser, election inspector, clerk or\nemployee of the board of elections or any officer of a political\ncommittee or a convention, wilfully omits, refuses or neglects to do any\nact required by this chapter or otherwise by law, or violates any of the\nprovisions of the election law, or makes or attempts to make any false\ncanvass of the ballots cast at a primary election, caucus or convention,\nor a false statement of the result of a canvass of the ballots cast\nthereat; or,\n 13. Being an officer, clerk or employee of the board of elections, or\nan officer of a political committee or a convention, who is charged\nwith, or assumes, the duty of compiling the roll of any convention,\nwilfully includes in such roll the name of any person not certified to\nbe elected thereto in accordance with the provisions of law, or who\nwilfully omits from such roll the name of any person who is so certified\nto be a delegate to such convention, is guilty of a misdemeanor.\n