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ARTICLE 2.*

ENROLLMENT OF VOTERS.

Section 4. Delivery of enrollment books where registers do not include

enrollments.

5. Enrollment books where registers do not include enrollments. 6. Voting booths and enrollment boxes.

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8. Delivery of enrollment blanks to voters on days of registration. 9. Delivery of enrollment blanks to voters on election day where registration is not personal.

10. Enrollment by voters.

11. Examination, sealing and custody of enrollment boxes.

12. Certification of registers, with respect to enrollment occurring on a day of registration.

13. Certification of registers, with respect to enrollment occurring on
the day of general election.

14. Opening of enrollment box and completion of enrollment.
14-a. Correction of enrollment lists.

14-b. Special enrollment upon becoming of age.

14-c. Special enrollment for certain voters failing to enroll on election or registration days in the year nineteen hundred and sixteen. 15. Enrollment for a new political party. [Repealed.]

15-a. Special enrollment for soldiers, sailors, marines and certain other persons.

16. Books to be furnished containing transcripts of enollments. 17. Use of duplicate enrollment books at unofficial primaries.

18. Use of registers at official primaries.

19. Right to enroll and vote at primaries.

19-a. Special enrollment after moving.

20. New or amended enrollment lists for changed districts.

21. Enrollment entries to be public records; transcripts of enrollment. 22. Publication of enrollment.

23. Judicial review of enrollment.

24. Correction of enrollment with respect to persons not in sympathy

with party.

25. Investigation of enrollment.

§ 4. Delivery of enrollment books where registers do not include enrollments.

Derivation: Formerly § 22. Renumbered and amended by L. 1911, ch. 891, § 5; and amended by L. 1915, ch. 678, in effect May 22, 1915. Originally revised from Primary Election Law, § 3, pt. of subd. 1, as amended by L. 1900, ch. 225, § 1; L. 1903, ch. 111, § 1; L. 1905, ch. 674, § 1; L. 1908, ch. 456, § 1.

Repealed by L. 1919, ch. 504, in effect Oct. 1, 1919.

1

§ 5. Enrollment books where registers do not include enroll

ments.

Derivation: Formerly § 23. Renumbered and amended by L. 1911, ch. 891, § 6; and amended by L. 1915, ch. 678, in effect May 22, 1915. Originally re

* The schedule of sections was amended by L. 1911, ch. 891, § 4, in effect November 15, 1911. Section 14-a added by L. 1912, ch. 52, in effect March 19, 1912.

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vised from Primary Election Law, § 3, pt. of subd. 1, as amended by L. 1900, ch. 225, § 1; L. 1903, ch. 111, § 1; L. 1905, ch. 674, § 1; L. 1908, ch. 456, § 1. Repealed by L. 1919, ch. 504, in effect Oct. 1, 1919.

§ 6. Voting booths and enrollment boxes.

The board or officers authorized to furnish voting booths in each election district for use at the general election shall cause at least two voting booths of the same kind and description as voting booths used at general elections, to be erected in each place of registration before the first day of registration in each year, and such booths shall be and remain in said places of registration during the regiзtration at the regular meetings for registration during that year; and it shall be the duty of such board or officer to furnish in each voting booth so erected the same articles as are required by law to be placed therein for a general election, which articles shall remain therein during such registration. Such board or officer shall also provide in like manner one enrollment box in each place of registration of sufficient capacity to hold all the enrollment blanks which are to be furnished for such place of registration, which shall be similar to the ballot boxes prescribed by law to be used at a general election. Such board or officer shall also in like manner provide at each polling place on general election day, in each election district wholly outside of a city or village having five thousand inhabitants or more, or partly within and partly outside of any such village, two such voting booths, for the enrollment of voters, the needed articles therefor, and an enrollment box, as above provided.

Derivation: Formerly § 25. Renumbered and amended by L. 1911, ch. 891, §7; and amended by L. 1916, ch. 537; L. 1917, ch. 703, in effect June 1, 1917. Originally revised from Primary Election Law, § 3, pt. of subd. 1, as amended by L. 1900, ch. 225, § 1; L. 1903, ch. 111, § 1; L. 1905, ch. 674, § 1; L. 1908, ch. 56, § 1.

§ 7. Enrollment blanks.

There shall also be prepared by the custodian of primary records at public expense, to be borne in the same manner as the expense of furnishing official ballots, and delivered by such custodian with the enrollment books, such number of enrollment blanks for each election district as will exceed by at least twenty-five and

not more than fifty the total number of voters registered in such district. The custodian may also prepare and have ready for emergencies a reasonable number of enrollment blanks without any of the blank spaces filled in, to be furnished in any year for any election district when necessary. The enrollment blanks shall be printed on white paper, and on the face thereof shall be printed the following, or the substance thereof, the regular blanks furnished in the first instance for each election district to be filled in in type so far as possible:

"Primary enrollment for the year...

lage or town) of..............

..city (or vil

; county of..

.. assembly district (or ward or town); . . . . election district; enrollment number.

Name of voter...

“I,

who have placed a mark underneath the party tmblem hereunder of my choice, do solemnly declare that I am a qualified voter of the election district in which I have registered or voted, and that my residence address is....

(the residence address as it appears in the register, if the enrollment be made on a day of registration, and as it appears in the poll book if the enrollment be made on the day of general election, is to be inserted in such space); that I am in general sympathy with the principles of the party which I have designated by my mark hereunder; that it is my intention to support generally at the next general election, state or national, the nominees of such party for state or national offices, and that I have not participated in any primary election or convention of any other party since the first day of last January. The word 'party' as used herein has the meaning defined by the election law.

.party.

O

.party.

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

enroll, for the purpose of participating in its primary elections during the next year."

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 ballots 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 general election of a governor shall be first, and the other emblems shall follow in order in accordance with the vote cast for such office at such election; over each emblem shall be printed, in type clearly legible, the name of the party represented by such emblem. The enrollment blanks shall have thereon the names of those parties only to which this article is applicable.

Derivation: Formerly § 26. Renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820; L. 1916, ch. 537; L. 1917, ch. 703; L. 1918, ch. 323, in effect Apr. 24, 1918. Originally revised from Primary Election Law, § 3, pt. of subd. 1, as amended by L. 1900, ch. 225, § 1; L. 1903, ch. 111, § 1; L. 1905, ch. 674, § 1; L. 1908, ch. 456, § 1.

Consolidators' note.- "Cross (X) mark" is here printed "cross X mark," for the reason that the old method of printing similar instructions relating to the voting marks on the ballot sometimes leads voters, when marking their ballots, to add the parentheses to the X, or the horizontal lines at the ends of the arms of the X, or both, with the consequence that their ballots become liable to rejection as having invalidating marks in the one case, and to protest as marked for identification in the other. While such an effect would not follow here in the enrollment, the law obviously intended to prescribe the same voting mark for enrolling and voting - certainly lack of uniformity would be likely to mislead the voter when he comes to mark his ballot - and accordingly the instruction here is given in the same form as later concerning the ballot.

Who entitled to enroll.-One who enrolls with the Democratic party one year may enroll with the Republican party the next year. Matter of Duffy (1908), 125 App. Div. 406, 109 N. Y. Supp. 979, aff'd 192 N. Y. 582.

The provision of section 26 of the Election Law for marking an enrollment blank with a pencil having black lead is directory merely and although a voter used a fountain pen, he may compel the Board of Elections to place his party affiliation upon the enrollment books of this election district. Matter of Kirk (1910), 66 Misc. 535.

As to who are entitled to enroll and vote at primaries, see Report of Atty.Gen. (1903), 354; (1904), 269, 292.

Enrollment envelopes should be numbered. Report of Atty. Gen. (1908), 536.

§ 7-a. Special provision as to number of enrollment blanks in the year nineteen hundred and eighteen.

Added by L. 1918, ch. 323, in effect Apr. 24, 1918.
Repealed by L. 1919, ch. 504, in effect Oct. 1, 1919.

§ 8. Delivery of enrollment blanks to voters on days of registration.

When, in any political subdivision of the state, a voter shall, at any of the regular meetings for registration in any year, present himself personally to the board of election inspectors in any election district for registration, and after he shall have been registered, and not before, as a qualified voter of that election district for the next ensuing general election, or if, where his registration was not required to be personal and he was so registered without personal application, he shall present himself personally to such board for enrollment only, the members of such board shall forthwith and before such voter leaves the place of registration, enter his enrollment number, beginning with number one for the first voter enrolled on the first day, and so on in numerical order, opposite his name, in the appropriate column of the registers. An inspector of opposite political faith shall be designated by the chairman to write the name of the voter on the blank having the enrollment number which shall be opposite his name on such registers, and such inspectors shall fill in the other blank spaces on the enrollment blank, and shall deliver to such voter an enrollment blank having his name on it. No voter shall be given more than two enrollment blanks in any event, nor more than one blank unless he shall spoil, deface, improperly mark, or otherwise destroy the first blank given him. In case a second blank is given him, such members of the board shall draw a line through such voter's previous enrollment number in such registers and shall insert in the same column opposite the name of the voter, the number which shall be upon the new blank to be given him, which number shall always be the lowest number of the enrollment blanks then unused in such election district.

Derivation: Formerly § 27. Renumbered and amended by L. 1911, ch. 891, § 9; and amended by L. 1916, ch. 537; L. 1919, ch. 504, in effect Oct. 1, 1919. Originally revised from Primary Election Law, § 3, pt. of subd. 2, as amended by. L. 1900, ch. 225, § 2; L. 1908, ch. 456, § 2.

Consolidators' note. The words "in any event" have been inserted to

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