§ 5-402 — Cancellation of registration; generally, notice to voter

New York § 5-402

• Jurisdiction: New York
• Law ELN: Election
• Title 4: Cancellation of Registration
• Art. 5: Registration and Enrollment of Voters

Text

§ 5-402. Cancellation of registration; generally, notice to voter. 1.\nThe board of elections shall cancel the registration of a voter when he\nis no longer qualified to vote or as required herein.\n 2. Whenever the board has reason to believe that a registered voter is\nno longer qualified to vote, it shall, before cancelling his\nregistration, notify him, in a form approved by the state board of\nelections, by first class forwardable mail to the address from which he\nwas last registered that he may appear before the board or answer in\nwriting by mail, stating the reasons why his registration should not be\ncancelled. Such notice shall also state that if the voter does not\nappear or answer in writing within fourteen days after such notice is\nmailed, his registration will be cancelled. Such notice shall also\nadvise the voter of his right to reregister pursuant to the provisions\nof this chapter and shall contain the phone number to call for the days\nand hours of local registration and the location of local registration\nplaces, the deadline for personal registration by mail for the next\ngeneral election and the phone number to call to obtain additional\napplications for personal registration by mail. No such notice shall be\nrequired in order to cancel the registration of a voter who has made a\npersonal request to be removed from the list of registered voters as\ndefined by subdivision two of section 5-400 of this title or the\nregistration of a voter whose name has been in inactive status for at\nleast the period required by paragraph (f) of subdivision one of section\n5-400 of this title or to cancel the registration of a voter who has\ndied. Together with such notice of cancellation, the board shall mail to\nsuch voter a postage paid return card in a form approved by the state\nboard of elections. Such card shall provide a place for the voter to set\nforth the reasons for his continued eligibility to vote in such county\nor city and to indicate his current address in the county or city and a\nstatement that failure to return the card will result in cancellation of\nregistration. The card shall also inform the voter of how to reregister\nif the voter has moved out of the county or city. If such registered\nvoter shall fail to appear or answer in writing within such time or if,\nafter he so appears or writes, the board is not satisfied that he is\nqualified to remain registered, the board shall cancel his registration.\n 3. The board of elections shall notify immediately every person whose\nregistration is cancelled after such person has responded, in person or\nby mail, to a notice sent pursuant to subdivision two of this section,\nof the action taken and the reason therefor, by written notice to the\naddress from which he was last registered. Such notice shall advise such\npersons either of their right to reregister or their right to apply to a\ncourt of law for reinstatement, whichever is appropriate.\n 4. Each board of elections shall, at least once a month, transmit to\nthe appropriate board of elections, a list of the names, old addresses\nand new addresses of every voter whose registration was cancelled\npursuant to the provisions of paragraph (a) of subdivision one of\nsection 5-400 of this title because the voter moved to an address in the\njurisdiction of the board to which the list is sent, unless the board of\nelections sending the list has received notice that the voter has\nalready registered to vote from the new address.\n