§ 8-504 — Challenges; of voter at the polling place

§ 8-504. Challenges; of voter at the polling place. 1. When an\napplicant is challenged, an inspector shall administer to him the\nfollowing oath, which shall be known as "The preliminary oath": "You do\nsolemnly swear (or affirm) that you will make true answers to such\nquestions as may be put to you concerning your qualifications as a\nvoter". If the applicant shall refuse to take such oath he shall not be\npermitted to vote.\n 2. If the applicant shall take the preliminary oath, the inspector\nshall ask the applicant such questions as may pertain to the reason his\nright to vote at such election in such district was challenged. If any\napplicant shall refuse to answer fully any questions which may be put to\nhim, he shall not be permitted to vote.\n 3. After receiving the answers as above specified, of any applicant,\nthe board shall, if it believes the applicant to be qualified or the\nchallenge is withdrawn, permit him to vote. Otherwise, the board shall\npoint out to him the qualifications, if any, in respect of which he\nshall appear deficient. If, after such deficiencies have been so\nindicated, the applicant shall persist in his claim to vote, an\ninspector shall administer to him the following oath, which shall be\nknown as "The Qualification Oath": "You do swear (or affirm) that you\nare eighteen years of age, that you are a citizen of the United States\nand that you have been a resident of this state, and of this county (of\nthe city of New York) (village) for thirty days next preceding this\nelection, that you still reside at the same address from which you have\nbeen duly registered in this election district, that you have not voted\nat this election, and that you do not know of any reason why you are not\nqualified to vote at this election. You do further declare that you are\naware that it is a crime to make any false statement. That all the\nstatements you have made to the board have been true and that you\nunderstand that a false statement is perjury and you will be guilty of a\nmisdemeanor."\n 4. If the applicant shall be challenged for the causes stated in\nsection three of article two of the constitution of this state, which\nwould exclude him from the right to vote, such inspector shall\nadminister to him the following additional oath, which shall be known as\n"The Bribery Oath": "You do swear (or affirm) that you have not received\nor offered, do not expect to receive, have not paid, offered or promised\nto pay or contributed, offered or promised to contribute to another, to\nbe paid or used; any money or any other valuable thing as a compensation\nor reward for the giving or withholding of a vote at this election, and\nhave not made any promise to influence the giving or withholding of any\nsuch vote, and that you have not made, or become directly or indirectly\ninterested in any bet or wager depending upon the result of this\nelection."\n 5. If the applicant shall be challenged on the ground of having been\nadjudged incompetent, such inspector shall administer to him the\nfollowing additional oath, which shall be known as "The Incompetency\nOath": "You do swear (or affirm) that you have not been adjudged\nincompetent by order of competent judicial authority, or if so adjudged,\nthat you have since been adjudged competent which fully warrants your\nright to vote."\n 6. If any person shall refuse to take any oath so tendered he shall\nnot be permitted to vote, but if he shall take the oath or oaths\ntendered to him he shall be permitted to vote.\n 7. The inspectors shall enter the challenge date in the space reserved\ntherefor on the back of the voter's registration poll record and shall\nmake a record of each challenge on the challenge report as required\nherein. Where registration poll records are not being used, the\ninspectors shall in the remarks column for the election opposite the\nname of the voter enter a note of the challenge and shall make a record\nof each challenge on the challenge report.\n