§ 3-107 — Powers and duties of the state board of elections respecting elections and crimes against the elective franchise

New York § 3-107

• Jurisdiction: New York
• Law ELN: Election
• Title 1: Statewide Provisions
• Art. 3: Election Officials

Text

§ 3-107. Powers and duties of the state board of elections respecting\nelections and crimes against the elective franchise. Authority is hereby\nconferred upon the state board of elections to appoint a special\ninvestigator to take charge of the investigation of cases arising under\nthe election law, and to appoint such additional special investigators\nand employees as it may deem necessary, and fix their compensation,\nwithin the limits of appropriation available therefor, and assign them\nto any election district or districts for the purpose of enforcing the\nprovisions of the election law. Moneys appropriated for carrying out the\nprovisions of this section shall be paid out of the state treasury on\nthe audit and warrant of the comptroller upon the certificate of the\nstate board.\n Such special investigators shall, when directed by the state board of\nelections, investigate qualifications of persons to register or vote and\nviolations of the election law. Any such special investigator may:\n 1. Visit and inspect any house, dwelling, building, inn, lodginghouse,\nboarding-house, rooming-house, or hotel and interrogate any incarcerated\nindividual, house-dweller, keeper, caretaker, owner, proprietor or\nlandlord thereof or therein, as to any person or persons residing or\nclaiming to reside therein or thereat.\n 2. Inspect and copy any books, records, papers or documents relating\nto or affecting the election or the registration of voters, or require\nthe board or officer in charge thereof to furnish a copy of any such\nrecord, paper or document without charge.\n 3. Require any lodging-house, boarding-house or rooming-house keeper,\nlandlord or proprietor to exhibit his register of the lodgers therein at\nany time to such special investigator.\n 4. Procure warrants of arrest and cause to be taken into custody the\nperson or persons named in such process.\n 5. Go within the guard-rail at any polling place at any election.\n Any such special investigator also shall have all of the powers of a\npeace officer as set forth in section 2.20 of the criminal procedure\nlaw, for the purpose of enforcing the provisions of this chapter.\n Any person who neglects or refuses to furnish any information required\nby the election law or authorized herein, or to exhibit records, papers\nor documents herein authorized to be inspected or which are required to\nbe exhibited, shall be guilty of a misdemeanor.\n The state board or any of its special investigators shall have power\nto issue subpoenas or subpoenas duces tecum, administer oaths and\nexamine witnesses under oath, for the purpose of investigating any\nmatter within the jurisdiction herein prescribed for the purpose of\naiding the state board in enforcing the provisions of the election law.\nSuch subpoenas shall be issued in the name of the state board of\nelections. Such subpoenas may be served by any special investigator or\nby any police officer or peace officer who is acting pursuant to his\nspecial duties.\n Any person who shall omit, neglect or refuse to obey a subpoena\nattested in the name of the state board of elections or who shall refuse\nto testify under or in pursuance thereof shall be guilty of a\nmisdemeanor.\n Any such special investigator may call upon any member of the police,\nsheriff, deputy sheriff, constable or other public officer, or any\nperson, to assist him in carrying out the provisions of this section.\nAny such officer or person who shall fail to render the assistance so\ndemanded or who shall wilfully hinder or delay such special investigator\nin the exercise of any power or the performance of any duty shall be\nguilty of a misdemeanor.\n