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Marks on face or hands.
Distinguishing marks

I, the undersigned, an inspector of election of the above designated election district, do hereby certify that the within named person did on this day personally appear before the board of inspectors of this election district and did make application to have his named enrolled upon the register of voters of this said election district; that he was challenged and was sworn by me and did make the answers set opposite the printed questions upon this affidavit and signed the same in my presence.

Dated this

Name...

Inspector of election

day of October, 19....
Residence.

(To be signed by the inspector administering oath to applicant.)

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Derivation: Election Law, 34, pt. of subd. 6, as amended by L. 1899, ch. 630, SS; L. 1901, ch. 544, § 1.

§ 169. Challenging applicants for registration.

1. Any person who applies personally to any board of inspectors for registration for any election may be challenged by any qualified elector present or by any qualified watcher present.

2. If such applicant be so challenged, or if any member of the board of inspectors shall have reason to suspect that such applicant is not entitled to have his name registered, the chairman of the board of inspectors or any member of such board is hereby authorized to and shall administer to such applicant the following oath: "You do solemnly swear (or affirm) that you will true answers make to the questions touching upon your qualifications as an elector and such other questions as may be put you tending to establish your identity," and one of the inspectors shall thereupon read to such challenged person each and every question printed upon the challenge affidavit provided for by section one hundred and sixty-eight and shall enter in ink opposite each question the answer thereto given by such applicant. The applicant shall subscribe his name to such challenge affidavit, which shall also be subscribed by the inspector administering the above oath and as witnesses by the other inspectors present, who shall certify over their names the fact that the applicant did apply for registration, that he was duly sworn, and that the answers set opposite the printed questions are the true answers given to such questions by the challenged applicant. The inspector shall also enter in the place

provided on the challenge affidavit a description of the person challenged and the name and address of the person challenging. At the same time the blank affidavit bearing the same number in the book of duplicate challenge affidavits shall be filled out by another inspector and shall be signed by the same persons, so that both affidavits shall be duplicates of each other. If the applicant shall by his answers satisfy a majority of the board of inspectors of his right to be registered, they shall register his name as an elector; if not, they shall point out to him the qualifications which he lacks as an elector and his name shall not be registered except as provided by section one hundred and fifty-three of this article, and upon any such proceeding the challenge affidavit of such applicant shall be submitted in evidence to such court, justice or judge. If the applicant shall refuse to make oath to the questions put to him and the answers given thereto by him or shall refuse to answer any questions upon the challenge affidavit, his name shall not be placed upon the register, or if recorded thereon previous to his ascertained qualification as an elector, the inspectors shall enter in the remark column after such name the word "disqualified," and no person shall be allowed to vote on such name at the election. When the name of a person who has signed a challenge affidavit shall be registered, the inspectors shall enter in the column headed "remarks" on the register opposite such name the word "affidavit," giving the consecutive number printed on such affidavit.

Derivation: Election Law, § 34, pt. of subd. 6, as amended by L. 1899, ch. 630, § 8; L. 1901, ch. 544, § 1.

Amended by L. 1910, ch. 428; L. 1911, ch. 649; L. 1918, ch. 323, in effect Apr. 24, 1918.

Consolidators' note.- The last sentence of the new section relating to the entry of the word "affidavit" in the register in the old section followed what is now section 170, and is unchanged in substance. The sentence relating to false statements, here omitted, is placed in new section 184, with other provisions relating to penalties.

§ 170. Investigation into truth of affidavits.

At the close of each day of registration the inspectors of election shall detach from the stubs the 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 such police captain or commanding officer of such precinct shall immediately cause an investigation of the truth of such affidavit to be made, and if such investigation shall prove the same to be false in any particular affecting the right of the challenged person to register or vote, the said officer shall deliver the same to the district attorney of the county together with the evidence of the falsity of such affidavit and the district attorney shall forthwith present the same to the grand jury of such county. In election districts outside of cities such affidavit shall be delivered by the inspectors to the sheriff of the county who shall proceed in like manner. Copies of all such challenge affidavits shall be mailed by the police or sheriff forthwith at the close of each day of registration to the State superintendent of elections who shall proceed in like manner.

Derivation: Election Law, § 34, pt. of subd 6, as amended by L. 1899, ch. 630, §8; L. 1901, ch. 544, § 1.

Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915. Consolidators' Note.-Two sentences are omitted after the matter in this section, and appear, the one at the end of section 169 and the other in § 172.

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§ 171. Duplicate book of challenge affidavits.

The secretary of state shall also furnish for each election district a duplicate book of challenge affidavits, but without the stubs. On the outside cover shall be printed "Duplicate Original Challenge Affidavits for Registration," together with appropriate instructions for their use. Such duplicate books shall be delivered to the boards of inspectors of election at the same time and in the same manner as the original books. After the close of registration upon the first registration day such duplicate book shall be kept at all times with the signature copy of the register for the same election district, and shall be produced at each subsequent registration day, and on election day for use when voters challenged upon registration may appear to vote. Former § 171 amended by L. 1911, ch. 649, and repealed by L. 1914, ch. 244; new § 171 added by L. 1918, ch. 323, in effect Apr. 24, 1918.

172. Disposition of challenge affidavits.

At the close of the last day of registration the inspectors shall file the book of stubs and unused challenge affidavits with the officer from whom it was received by the inspectors and such officer shall preserve it in his office.

The officer or board with whom the original challenge affidavits or copies thereof are filed may destroy the same six months after the date of the election for which they were made, except those which are to be used in any criminal prosecution.

Derivation:

Election Law, § 34, pt. of subd. 6, as amended by L. 1899, ch. 630, § 8; L. 1901, ch. 544, § 1.

Consolidators' note.- In the "old" law, the first sentence of this section followed (with one sentence between) what is now section 170. The second sentence was the last sentence of the old subdivision.

§ 173. Entry requiring challenge by inspectors.

If, at a meeting of the board of inspectors for registration, any voter shall, upon oath, declare that he has reason to believe that any person on the register of voters will not be qualified to vote at the election for which the registration is made, the board of inspectors shall place the words "to be challenged" opposite the name of such person, and when such person shall offer his vote at such election, the general oath as to qualifications shall be administered to him, and if he shall refuse to take such oath he shall not be permitted to vote.

Derivation: Election Law, § 34, subd. 7.

Forms. As to form of oath for record of challenge, see Forms (part 12, post). As to preliminary and general oath required of voter challenged, see Election Law, §§ 362-363.

Power of board to determine question of residence.- Where a voter has complied with all the statutory requirements as to registering, the board of registry cannot determine a contested question of fact as to the residence of such voter. Matter of Ward (1892), 29 Abb. N. C. 187, 48 N. Y. St. Rep. 613, 20 N. Y. Supp. 606.

§ 174. Production of naturalization papers.

It shall be the duty of every naturalized citizen before being registered to produce to the inspectors, if any inspector shall require, his naturalization papers or a certified copy thereof for their inspection, and to make oath before them that he is the person purporting to have been naturalized by the papers so produced, unless such citizen was naturalized previous to the year eighteen hundred and sixty-seven. If, however, such naturalized citizen can not for any reason produce his naturalization papers, or a certified copy thereof, the board of inspectors, or a majority of such board may place the name of such naturalized citizen upon the register of voters upon his furnishing to such board evidence which shall satisfy such board of his right to be registered.

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Derivation: Election Law § 34, subd. 8, as amended by L. 1905, ch. 675. Cross-references.- Procuring or presenting fraudulent certificates naturalization in order to vote. Penal Law, §§ 777, 778 (part 5, post). Production of secondary evidence. If a party applying for registration has his naturalization papers in his possession he should produce them; but

if they cannot be found, secondary evidence of their contents must be received. People ex rel. Noel v. Smith (1894), 10 Misc. 100, 31 N. Y. Supp. 199.

Inability to produce the naturalization papers of his parents will not lose to a person his right of proving his citizenship before a board of registry by secondary evidence. The person's own oath in the absence of impeaching testimony makes out a prima facie case. People ex rel. O'Donnell v. McNally, (1880), 59 How. Pr. 500.

A judgment of naturalization by a court of competent jurisdiction cannot be attacked or impeached collaterally by a board of inspectors. People ex rel. Christern v. Walsh (1880), 9 Abb. N. C. 465.

§ 174-a. Proof of citizenship by marriage.

Before registering in any district in which personal registration is required, and before voting in any other district, it shall be the duty of every woman who is or becomes a citizen by marriage to produce to and file with the inspectors at the time of registering or voting, as the case may be, if any inspector shall require, additional proof by affidavit of her right to vote at such election. In such affidavit she shall state the true name of her husband, the date of the marriage, the place where such marriage was performed, the number of years she has been an inhabitant of the United States, and the place or places, including the street address, at which she has resided during the five years next preceding the date of the election at which she desires to vote, the residence of her husband, and that, either she is residing with her husband at the address from which she intends to register or vote and that he resides at such address, or that her husband is dead, or that she is living separate and part or has been divorced from him as the case may be, and if so separated or divorced his present residence if known to her, and in the case of citizens by reason of marriage to naturalized citizen she shall also present his naturalization papers or a certified copy thereof, or in default thereof she shall show in said affidavit the court by which and the date on which he was naturalized, that she has made a bona fide effort to obtain a certified copy of such naturalization papers and the reason for her default. Such affidavit may be sworn to at the time of registration or voting as the case may be before any inspector of elections, and shall be preserved and disposed of as is the signature copy of the register of voters under the provisions of the election law.

Blanks for such affidavits for proof of citizenship by marriage shall be provided by the custodian of primary records for each election district, equal in number to the number of sample ballots required to be furnished for such election district at the last preceding general election. One of such certificates shall be furnished upon application during the hours for registering and voting on any day of registration or election to any woman claiming to be a citizen by marriage entitled to vote in such election district.

Added by L. 1918, ch. 323, in effect Apr. 24, 1918.

§ 175. Persons excluded from the suffrage.

No person who shall receive, accept, or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or any other valuable thing as a compensation or reward for the giving or withholding a vote at an election, or for registering or refraining from registering as a voter, or who shall make any promise to influence the giving or withholding any such vote or registration, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of

an election, shall vote at such election. No person who has been convicted of a felony shall have the right to register for or vote at any election unless he shall have been pardoned and restored to the rights of citizenship.

Derivation: Election Law, § 34, subd. 10, as added by L. 1901, ch. 654, § 2. Cross-References. As to qualifications of voters and exclusion from right of suffrage, see Election Law, § 162, and note thereunder.

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Suspension of sentence. —A person against whom sentence has been suspended after verdict has not been convicted of an infamous crime within the meaning of the Constitution or the statutes enacted in pursuance thereof, and is not liable to indictment for voting at an election. People v. Fabian, (1908) 192 N. Y. 443, 82 N. E. Rep. 672, rev'g 126 App. Div. 89, 111 N. Y. Supp. 140. Restoration to citizenship. Felon must be restored to citizenship before he can vote. Report of Atty.-Gen., (1905) 531.

Alien minor convicted of felony must be restored to citizenship before he can become a naturalized citizen. Report of Atty.-Gen., (1904) 257.

A person convicted of counterfeiting, who upon his release is restored to full civil rights by the federal government, is not debarred by such conviction from voting in the state of New York, if otherwise qualified. Rept. of Atty.-Gen. (1911), vol. 2, p. 407.

§ 176. Certification of register.

At the close of each meeting for the registration of voters, for a general or other election in a city, or in an election district wholly within a village having five thousand inhabitants or more, the inspectors shall append to each book of registration their certificate to the effect that such register as it now is, comprising (here insert the number) names, is a true and correct register of the names and residences of all the voters qualified to vote at such election in such district, who have personally appeared before the board of registration, and such registers so certified shall be presumptive evidence that the names and places of residence contained therein are the names and places of residence given by the persons registered respectively.

At the close of each meeting for the registration of voters for a general or other election elsewhere than in a city, or in a district wholly within a village having five thousand inhabitants or more, the inspectors shall append to each book of registration a certificate to the effect that such register as it now is, comprising (here insert the number) names, is a true and correct register of all voters qualified to vote at such election in such district who have personally applied for registration, or whose names the board was required by law to place thereon.

Each such certificate shall be signed by all the inspectors, but in case one inspector required to sign such certificate shall fail for any reason so to do, he may be required by the officer with whom such register is filed to sign such register at a subsequent date. In all cases a majority of the inspectors must sign such certificate at the close of each day of registration.

Derivation: Election Law, § 35, subd. 1.

The provisions as to certifying and preparing the registers are merely directory, and a failure on the part of the inspectors to properly observe the law in this respect will not operate to invalidate the registers and deprive citizens of their votes. People ex rel. Frost v. Wilson (1875), 62 N. Y. 186.

§ 177. Making up the registers; custody thereof after registration.

1. The register of voters made by the chairman of the board of inspectors shall be, and shall be known as, the public copy of registration. Such public copy shall be left in a prominent position in the place of registration from the first day of registration until election day, and shall at all reasonable times be open to public inspection and for making copies thereof. When the

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