§ 5-104 — Qualifications of voters; residence, gaining or losing

New York § 5-104

• Jurisdiction: New York
• Law ELN: Election
• Title 1: General Provisions
• Art. 5: Registration and Enrollment of Voters

Text

§ 5-104. Qualifications of voters; residence, gaining or losing. 1.\nFor the purpose of registering and voting no person shall be deemed to\nhave gained or lost a residence by reason of his presence or absence\nwhile employed in the service of the United States, nor while engaged in\nthe navigation of the waters of this state, or of the United States, or\nof the high seas; nor while a student of any institution of learning;\nnor while kept at any welfare institution, asylum or other institution\nwholly or partly supported at public expense or by charity; nor while\nconfined in any public prison.\n 2. In determining a voter's qualification to register and vote, the\nboard to which such application is made shall consider, in addition to\nthe applicant's expressed intent, his conduct and all attendant\nsurrounding circumstances relating thereto. The board taking such\nregistration may consider the applicant's financial independence,\nbusiness pursuits, employment, income sources, residence for income tax\npurposes, age, marital status, residence of parents, spouse and\nchildren, if any, leaseholds, sites of personal and real property owned\nby the applicant, motor vehicle and other personal property\nregistration, and other such factors that it may reasonably deem\nnecessary to determine the qualification of an applicant to vote in an\nelection district within its jurisdiction. The decision of a board to\nwhich such application is made shall be presumptive evidence of a\nperson's residence for voting purposes.\n