§ 5-220 — Registration; challenge after registered

New York § 5-220

• Jurisdiction: New York
• Law ELN: Election
• Title 2: Registration and Enrollment
• Art. 5: Registration and Enrollment of Voters

Text

§ 5-220. Registration; challenge after registered. 1. Any person may\nchallenge the registration of a voter by executing and delivering to the\nboard of elections or a board taking registrations, his affidavit that\nhe has reason to believe that such voter's registration should be\ncancelled. Such affidavit shall contain the affiant's full name,\nresidence, and business address, the name of his employer, the\nregistration serial number of the person challenged and a recital of the\nreasons and the facts supporting affiant's belief that the person\nchallenged lacks the qualifications for voting prescribed in this\nchapter and specified in such affidavit. The affidavit shall state if\nthe reasons for challenge are based upon the affiant's personal\nknowledge, or upon information received from another person. If the\naffiant's belief is based upon information furnished by another, the\naffidavit shall recite the name of the person furnishing the information\nand the basis for his information. After the affiant has signed such\naffidavit a member of such board shall read to him and request him to\nsign the following oath, which shall be subscribed by such affiant: "I\ndo solemnly swear (or affirm) that the foregoing statement made by me on\n(insert day, month and year) is a truthful disclosure of the reasons for\nmy belief that the registered voter therein named is not qualified to\ncontinue to be registered in the election district in which he is now\nregistered." If the affiant shall take and sign such oath, the members\nof the board shall sign their names as witnesses below the affiant's\nsubscription to such oath. Each such affidavit shall be directed toward\nthe challenge of only one registrant. The board shall give full\nassistance to any person desiring to execute such an affidavit. The\nboard of elections shall furnish the necessary forms. Upon receipt of\nsuch affidavit the board of elections forthwith shall conduct an\ninvestigation of the voter's qualifications to remain registered in the\nsame manner as provided for applications for personal registration by\nmail. Any person whose registration is so challenged shall be notified\nthereof by the board of elections by registered or certified mail within\nfive days after the affidavit is received by it.\n 2. If the board of elections cannot complete its investigation, or\ncannot make a determination before the next election at which the\nregistrant could vote, it shall place his name on a challenge list as a\nperson to be challenged when voting.\n