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McKinney's Consolidated laws of New York annotated; with annotations from state and federal courts and state agencies online

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registration, after a voter shall have been registered, or where
his registration was not required to be personal and he was reg-
istered without personal application he shall present himself to
the board for enrollment only, the board shall deliver to him an
enrollment blank which shall have filled in upon it his name, the



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176 ELECTION LAW



§ 171 • Begistration and Enrollment of Voters h. 1022, ch. S88

particulars required in the other spaces on the blank, and an
enrollment number, beginning with number one for the first voter
enrolled on the first day and so on in numerical order, and the
inspectors shall enter such number in the appropriate column of
two registers, one of which shall be the registration signature
copy if any. No voter shall be given more than two enrollment
blanks, nor more than one blank unless he shall improperly mark
or otherwise spoil the first blank given him. In case a second
blank is given, the inspectors shall draw a line through such
voter's previous enrollment number on the registers and insert
in the same column, opposite the name of the voter, the number
of the new blank. The voter then shall enter a voting booth, and,
the door thereof being closed, may make with a pencil having
black lead a cross X mark, being one mark crossing any other
mark at any angle, within the circle underneath the emblem of
the party of his selection. He shall thereupon fold the blank so
as to conceal the face thereof, or, in a city in which enrollment
envelopes are required to be provided, he shall inclose such blank,
without folding, in the enrollment envelope and seal the envelope.
Before leaving the place of registration, deposit it, so folded,
or inclosed, in the enrollment box without in any way indicating
the party with which he has or has not enrolled. If a voter de-
clines to enroll, he may return the blank unmarked and the
inspectors shall enter in such registers opposite his name in the
column reserved for the name of a political party, the word
"No.^'

In an election district where registration is not required to be
personal a registered voter who did not appear personally for reg-
istration or enrollment as above provided, may enroll on the day
of the ensuing general election, as provided in this section and
in section two hundred and nine. In such an election district
absentee voters may enroll as provided in section one hundred
and twenty-two.

Berived from §§ 8, 10 of former Election Law (L. 1909, ch. 22).

Duty to enroll. — It is incumbent upon an elector who desires to vote at
a primary to cause his name to be placed on the enrollment book in the
manner and at the time prescribed by the Election Law. Op. Atty.-Gen.
(1903) 354.

Time of enrollment. — ^A voter may enroll at a registration meeting sub-
sequent to the one at which he registers. Op. Atty.-Gen. (1808) 275.

Marking blank with ink.— -The provision that the voter shall mark his
enrollment blank with a pencil having black lead is directory and not man-
datory. So, where a voter has used a fountain pen in marking his blank his
enrollment should be considered valid. The requirement of secrecy which
surrounds an election does not apply here, as it is intended that the enroll-
ment shall be open for public inspection. Matter of Kirk, (1910) 66 Mise.
535, 123 N. Y. S. 1061; Op. Atty.-Gen. (1916) 396.



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ELECTION LAW 1Y7



L. 1922^, ch. 588 Registration and Enrollment of Voters i 172

Right to enrollment dependent upon what circumstances.— ** It is the legal
right of a party voter to vote at the primaries of his* party. It is there that
candidates for office are selected in the manner prescribed by law, and voters
cannot be arbitrarily excluded from them. The selection of j)roper candidates
is more important than the subsequent voting for them. The question
whether the petitioner is entitled to be enrolled and to vote at the primaries
does not depend upon the discretion nor upon the decision of the respondents,
but upon the fact of whether he possesses the requirements." Matter of
Guess, (18%) 116 Misc. 306, 38 N. Y. S. 91.

Enrollment after naturalization. — ^An early ruling was to the effect that
one who was naturalized after the last registration day could not participate
in a primary until after he had enrolled on the next regularly appointed
enrollment day, there being no provision for special enrollment at the next
primary. Op. Atty.-Gen. (1903) 354.

Enrollment in case of new party. — See Op. Atty.-Gen. (190i7) 686; Op.
Atty.-Gen. (1907) 587.

§ 1Y2. Enrollment blanks. The enrollment blanks to be pro-
vided as required by this chapter shall be printed on white paper,
and on the face thereof shall be printed the following, or the sub-
stance thereof, the blanks except blanks for emergencies to be
filled in in type so far as possible:

" Primary enrollment for the year city

(or village or town) of , county of

assembly district

(or ward or town) election district.

Enrollment No Name of voter

"I, • , do solemnly declare

that I am a qualified voter of the election district in which I

have been registered, and that my resident address is

(the resident address of the voter

as it appears in the register, is to be here inserted) ; that I am
in general sympathy with the principles of the party which I
have designated by my mark hereunder ; and that it is my inten-
tion to support generally at the next general election, state or
national, the nominees of such party for state or national offices.

party. party.

(Insert emblem.) (Insert emblem.)





"Make a cross X mark, with a pencil having black lead, in
the circle under the emblem of the party with which you wish
12



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178 ELECTION LAW



§ 173 Eegistration and EnroUment of Voters L. 1922, ch. 6SS

to enroll, for the purpose of participating in its primary elections
during the next year. Then fold the blank so as to conceal its
face and deposit it in the enrollment ibox/^

The circles underneath the emblem shall be three-quarters of
an inch in diameter, and in them nothing shall be printed. The
party emblems shall be the same as those which were on the bal-
lots for each party respectively at the last preceding general
election, and such emblems shall be so arranged on each blank
that the emblem of the majority party at the last preceding gen-
eral election of a governor shall be first, and the other emblems
shall follow in order in accordance with the vote cast for governor
at such election; and over each emblem shall be printed, in type
clearly legible, the name of the party represented by such emblem.

The enrollment envelopes required to be provided in the city
of New York shall be of such size as to permit inclosure therein,
without folding, of the enrollment blank, and of such weight
and texture of paper as to make it impossible to read or decipher
the printed matter on the blank when the same is sealed on the
inside thereof. Nothing shall be printed or written upon the
enrollment envelopes, except the following words, or the sub-
stance thereof, blanks to be filled in in type as far as possible:

" Primary enrollment for year City

of New York; county of , assembly

district election district*'



Derived from § 7 of former Election Law (L. 1900, ch. 22).

See annotations under preceding section.

Previous enroUment. — Tlie enrollment blank formerly required the voter
to declare that he had not enrolled with any other party "since the first
day of last year," which was held not to refer to the first day of the pre-
ceding calendar year, hut to a year preceding the enrollment. Matter of
Duffy, (1908) 125 App. Div. 406, 109 N. Y. S. 979, affirming 58 Misc. 1, 110
N. Y. S. 54, affirmed (1908) 192 N. Y. 582 mem.

Numbering envelopes. — Under the statute as it formerly read it seems
that the enrollment envelope should contain the number of the enrollment.
Op. Atty.-Gen. (1908) 536.

§ 173. Delivery of copies of proposed constitutional amend-
ments, propositions or questions. The inspectors shall dis-
tribute to the voters applying for registration copies of the pro-
posed amendments to the constitution or other propositions or
questions to be submitted to the voters of the state at the follow-
ing election.

Derived from § 294 of former Election Law (L. 1909, ch. 22) frut pro*
visions for mailing by town clerk eliminated.



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ELECTION LAW 179



It, 1922, ch. ess Begietration and EaroUmieut of Voters §§ 174-170

I ■ ■ 1 1 — I .1 I

% 174. Change of registry where voter registered in wrong
district. If any voter has, through no fault of his own, been
legistered in a wrong election district, the board of elections,
upon proper proof, and upon such notice to the chairman of the
county committees of the several parties as the board shall pre-
scribe, may direct that his name be stricken from the register
of the district in which he is not a qualified voter, and, if he is
a qualified voter in an adjoining election district within the juris-
diction of such board, may direct that he be registered in the
election district in which he is a qualified voter. The proper
inspectors of elections shall carry out the directions of the board.
In a county having a single commissioner of elections or in which
the county clerk is the board of elections such officer shall not
have power to make any such direction, but in any such county,
such direction may be made by the supreme court, county court
or a justice or judge thereof, upon proper proof. The applica-
tion under this section must be made at least twelve days prior
to the election.

Derived from §' 153i of former Election Law (L. 1909, ch. 22).

Regifltratioii in wrong district.— Formerly one who had registered in the
wrong district could obtain no Relief, the registering officaers not being at
faidt. Matter of Hart, (1>898) 25- Misc. 93, G& N. Y. ». 1071.

§ 175. Correction of register in case of change of residence
of voter within election district. If any voter after being
registered shall change his place of residence within the same
election district, he may appear before the board of inspectors of
such district on any day of registration, or on the day of elec-
tion, and state under oath that he has so changed his residence,
and the board shall thereupon make the proper correction upon
the register of such district.

I>erived from § li^S of former Election Law (L. 1909, ch. 20) .

§ 176. Card lists of registered voters in cities of tlie first
and second class. The 'board of inspectors of each election dis-
trict in cities of the first and second class shall on each day of
registration copy upon a separate card the name of each person
registered in the election district and all of the information given
by such person at the time of registration. At the close of each
day of registration the board shall deliver to a police officer at
the place of registration or the stationhouse of the police pre-
cinct such cards, enclosed in a sealed wrapper which shall have
endorsed thereon a certificate that the cards so delivered contain
a correct copy of all the names registered and information given



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180 ELECTION LAW



iS 177, 178 Eegistration and Enrollment of Voters L. 1922, ch. 588

by all the persons registered during the day. Such officer shall
deliver such package forthwith to the captain of the police pre-
cinct. If previously directed by the attorney general, such cap-
tain shall deliver the package containing the cards for any dis-
trict to a special deputy attorney general, designated by the attor-
ney general to receive it.

I>erived from § 485 of former Election Law (L. W09, ch. 22). Board of
elections substituted for superintendent of elections and provision for cards
in towns and third class citieai eliminated.

§ 177. Daily certification of register; certificate to board
of elections. At the dose of each meeting for the registration of

voters, the inspectors shall draw a line in ink immediately below
the name of the voter last entered upon each page of such raster
and shall sign a certificate printed in the registers to the effect
that such register as it now is, comprising (here insert the num-
ber) names, is a true and correct register of all voters qualified
to vote at such election in such district who have personally ap-
plied for registration, and, in a district elsewhere than in a city
or village having five thousand inhabits^nts or more, also of voters
whose names the board was requiredt by law to place thereon.
At the close of each such meeting the inspectors also shall sign
and mail to the board of elections a certificate stating the total
number of voters registered on such day in the district and the
total number then registered therein, except that in any city of
the first or second class having therein the office of the board of
elections the inspectors shall deliver such certificate to the police
at the place of registration or the police precinct station-house
who shall deliver it forthwith to the board of elections, at its office
or the proper branch office.

Derived from §| 176, 177, 181, of former Election Law (L. 1909, ch. 22).

Penalty. — The penalty for an inspector's neglect or refusal to obey tWs
section is prescribed by section 753 of the Penal Law, formerly section 41c of
the Penal Code ; and- under section 2 of the Penal Law a person who assists in
preventing an inspection of a registry list may be prosecuted as a principal.
People V. McKane, (199«4) 143 N. Y. 455, 38 N. E. 950.

§ 178. Investigation into trutli of cliallenge affidavits; cus-
tody of duplicates. At the dose of each day of registration, the
inspectors shall detach from the stubs the original challenge
affidavits signed by the persons challenged during the day, and in
cities shall deliver them to the police captain of the precinct in
which the election district is located, or to an officer thereof, and
in districts outside of cities^ to the sheriff. Such police captain



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ELECTION LAW 181



L. 1922, ck 59S Kegistration and Enrollment of Voters { 179

or sheriff immediately shall cause an investigation of the truth
of such affidavits to be made. If such investigation shall prove
an affidavit to be false in any particular affecting the right of the
challenged person to register or vote, the officer shall deliver it,
together with the evidence of falsity, to the district attorney of
the county and the district attorney forthwith shall present the
matter to the grand jury. If the affidavit is not delivered to the
district attorney the officer forthwith shall transmit it, with his
report in writing with regard thereto, to the board of elections.
Copies of all such challenge affidavits shall be mailed by the
police or sheriff, at the dose of each day of registration, to the
attorney general.

From the close of the first day of registration until the election,
except during hours of registration, the book containing any
duplicate challenge affidavits shall be in the custody of the in-
spector in charge of the registration signature copy of the reg-
ister, or, in districts where there is no such copy, of the chairman
of the board of inspectors, and on each day of registration or of
the election such book shall be in the place of registration op
polling place.

Derived from §§ 170, 171 of former Election Law (L. 1909, ch. 22), S 171
having been added by L. 1918, ch. 323, §' 22.

§ 179. Completion and certification of registers, at close of
registration; certificate to board of elections. At the close of
the last meeting for registration in each year the inspectors shall
enter the registration number of each voter in the lirst column
of the register beginning with "one'' opposite the first name
entered on the page indexed "A'' and continuing in numerical
order to and including the last name entered upon the last page
of the register. They shall then sign a certificate, printed in
the registers, to the effect that such register is a true and correct
register of the persons registered by them in such district on the
days of registration; that, in districts where personal registra-
tion was required, the persons shown by such registers are the
only persons who registered personally as voters, or that, in dis-
tricts where personal registration was not required, the persons
having enrollment numbers on any such registers are the only
r^sten»d voters who appeared personally for registration or
enrollment; and that each voter who appeared personally was
given or tendered an enrollment blank. Such certificate shall
set forth the number of the last enrollment blank used on such
last day of registration.

Derived from §| 1% 177, 181 of former Election Law (L. 190», ch. 22).



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182 ELECTION LAW

SS 180-lSl Begistration and Enrollment of Voters L. 1922, ch. 688

I ' .11 III

Failure of houae-dweUer to WMVoer inqmriea : see Pi^nal La.w, j' 757.

Irregularities in registry as affecting rights af voters. — Failure of the
inspectors to comply with the law in organizing their board and in pireparing
and certifying the register will not affect the rights of voters who are not
themselves guilty of any neglect and who are otherwise duly qualified.
People V. Wilson, (1876) 02 N. Y. 186.

Loss of evidence of identification. — Where the method of identification of
electors is impaired by reason of the failure of public officers fully to safe-
guard the evidence of that identification which has been in their custody,
such impairment should not be allowed to disfranchise an otherwise qualified
elector. Op. Atty.-Gen. (1008) 414.

§ 180. Preparation of registry lists. The board of inspectors

of each election district in a city of the first or second class shal]|
immediately after the close of the last day of r^stration, make
and complete one list of all persons registered in their respective
districts^ in the numerical order of the street numbers thereof,
which list shall be signed and certified by the board of inspectors.
Such list shall be delivered by the chairman of the board of
inspectors to the police at the polling place or at the precinct
station-house, who shall forthwith deliver it to the board of eleo-
tions. Such lists shall be made as near as may be in the follow-
ing form, to wit:

GRAND STREET.
Residence number or

other designation. Name of voter.

14 Smith, John M.

15 Jones, Charles M.

Derived from § 157 of former Election Law (L. 1909, ch. 22).

§ 181. Custody of registers, boxes and flag. 1. The raster

of voters made by the chairman of the board of inspectors shall
be known as the public copy. Such public copy shall be left in a
prominent position in the place of registration from the first day
of registration until election day. When the place of registra-
tion is in a schoolhouse, or other public building, such public
copy shall be left in the custody of the janitor or some other per-
son in charge of the building, who shall be responsible therefor,
and a notice shall be kept publicly posted stating how inspection
thereof is to be obtained. When in a city there is no responsible
person at a place of registration with whom such copy can be
left it shall be placed in the custody of the nearest police precinct
station, and a notice stating that the public copy is on file at the
police station, specifying the number and location of such station,
shall be posted.



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ELECTION LAW , 183



L. 1022, cb. &S8 Registration and Enrollment of Voters §§ 182-183

r

2. In cities of the first dass, at the close of the last day of
registration, the chairman of the board of inspectors shiall take
from an inspector of opposite political faith from himself the
register, other than the registration signature copy, made by such
inspector and deliver it to the police at the place of registration
or at the police precinct station-house, who forthwith shall file
the same with the board of elections.

3. Except as above provided each inspector shall carefully pre-
serve his register and shall produce it for use upon election day.

4. The public copy of the register shall at all reasonable hours
be accessible for public examination and making copies thereof,

5. The chairman shall have the custody of and be responsible

for the enrollment box, the box containing slips for literacy tests

and the flag until these are delivered to the proper authorities as

provided in this chapter.

Derived from §§' 177, 178 of former Election Law (L. 190O, ch. 22). Pro-
vision for custody of register by police new.

§ 182. Return of boxes and flag, in election districts whei e
registration is required to be personal. In cities of the first
class, the enrollment box, properly sealed, the box containing
slips for literacy tests, and the flag, shall be delivered by the
inspectors at the close of the last day of registration to the police
at the place of registration, or at the precinct station-house, and
the police shall deliver them to the board of elections, or hold
them subject to the order of such board. In other election dis-
tricts where re^stration of all the voters is required to be personal
the chairman shall deliver them, within twenty-four hours, to the
board of elections.

Derived from § 14 of former Election Law (L. 1909, ch. 22).

§ 183. Opening of enrollment box and completion of enroll-
ment. All enrollment blanks contained in the enrollment box
shall remain in such box, and the box shall not be opened nor
shall any of the blanks be removed therefrom until the Tuesday
following the day of general election in that year. Such box
shall then be opened by the board of elections and the blanks
contained therein shall be removed therefrom by the board, and
the names of the party designated by each voter under such
declaration shall be entered by the board, opposite the name of
such voter in the appropriate column of the two copies of the
register containing enrollment numbers for the election district
in which such voter resides. If cross marks are found in more



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184 ELECTIOK LAW

S 184 Kegistration and Enrollment of Voters L. 1922, ch. 588

than one of the cirdes or if no cross marks are found in any of
the circles, of any enrollment blank, the voter who used the
enrollment blank thus deficient shall not be deemed to be enrolled,
and words indicating the reason why such enrollment is not tran-
scribed shall be entered opposite the name of such voter in such
copies of the register in the column reserved for the entry of
party enrollments. When all of the enrollments shall be trans-
scribed from the blanks to the register, the board of elections
shall make a certificate upon the form printed in such roisters,
to the effect that it has correctly and properly transcribed the
enrollment indicated on the blank of each voter to such registers.
Such enrollment shall be complete before the succeeding first day
of February in each year.

Derived from §| 14, 18 of former Election Law (L, 1909, ch. 22).

^ 184. Application for special enrollment, transfer or cor-
rection of enrollment. 1. A voter also may enroll with a party
after the first day of February in any year and before the
thirtieth day preceding the next fall primary, except during the
thirty days preceding a spring primary, if he did not enroll on
a day of the annual enrollment, for the reason that he became
of age after the preceding general election, or that he was natural-
ized subsequent to ninety days prior to the preceding general
election, or that, because of being in the actual military service
of the state or of the United States, in the army or navy thereof,
or at a service in connection therewith, the nature and times of
which military or similar service shall be stated, he was absent
from his election district at all of the times designated for the
preceding annual enrollment; and a voter also may enroll with
a party before the first day of March in any year, if he did not
enroll on a day of the annual enrollment, for the reason, if his
registration was required to be personal, that he was incapaci-
tated by illness, the nature and times of which shall 'be stated,
from registering for the preceding general election, or that, if
his registration was not required to be personal, he was incapaci-
tated by illness, the nature and times of which shall be stated,
from voting at the preceding general election. A voter desiring



Online LibraryNew York (State)McKinney's Consolidated laws of New York annotated; with annotations from state and federal courts and state agencies → online text (page 21 of 43)