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support generally at the next general election the nominees of such party. I have been duly and regularly enrolled with such party for at least five years prior to the enrollment at which such mistake occurred. I have not participated in any primary election or convention of any other party during such period of five years." If any of the enrollment lists for the preceding five years in the office of such custodian of primary records do not contain the name of such applicant, as an enrolled voter of the party named in the statement, the custodian of primary records shall require him to produce a transcript of so much of an enrollment list as relates to him, if any, from the office of the custodian of primary records of the city or county in which he may have been enrolled for such year or years, accompanied with proof by affidavit showing his identity with the person whose name appears in such transcript.

Upon the filing of such statement, and all other papers or certificates if required, the said custodian of primary records, if the records support the truth of the applicant's statement, shall cause the request contained in such statement to be complied with, by changing the entry relating to the applicant in the enrollment list to conform thereto and recording in the proper column thereof the reason therefor, including a memorandum briefly describing the papers filed in support thereof.

Derivation: Added by L. 1912, ch. 52, § 1, in effect March 19, 1912.

Special enrollment.-See L. 1913, ch. 638, authorizing custodian of primary records of Oneida county to correct enrollment where blanks were lost or destroyed before entry in books.

§ 14-b. Special enrollment upon becoming of age.

1

Any voter who shall have become of age after the last preceding general election may at any time on or before the fourth Tuesday preceding an official primary in the year following such general election become specially enrolled with any party and have his name, address and party affiliation added to the appropriate columns of the registers of the election district in which he resides, in the manner following:

He shall make and acknowledge before an officer authorized to take the proof or acknowledgment of deeds to be recorded, and file or cause to be filed with the custodian of primary records, a statement embodying a declaration in substantially the following form, the blanks being properly filled in:

“I, insert residence address) and am a resident and duly qualified .. election district of the

do solemnly declare that I reside at (here

voter of the

assembly district (or of the ....... ward of the city of

or of the town of

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that I became of age since the last preceding general election; that I am in general sympathy with the principles of the party and 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; that I have not heretofore enrolled with or participated in the primary election of any party. I therefore request that I be specially enrolled with the party."

The same party name shall be inserted by the voter in the two spaces provided therefor. A blank for such statement and application shall be provided by the custodian of primary records on demand to any person desiring to specially enroll under this section. The mailing of such statement and application from any point within the jurisdiction of such custodian, addressed to such custodian at his office, properly sealed with postage fully prepaid, on or before the day herein provided for filing the same, shall be a sufficient compliance with the requirements of this section.

Upon receiving such statement, the custodian of primary records shall enroll such voter with the said party of his choice in the copy or copies of the register used for party enrollments for the proper election district, in the same manner as upon an enrollment blank deposited at one of the days of registration or on the day of general election; except that above the surname of such voter shall be written the word "Special" and above the Christian name the date of the filing or postmark of mailing of such statement and application. Voters specially enrolled hereunder shall be given by the custodian of primary records an enrollment number beginning, for the first voter thus specially enrolled, with the numeral following the highest enrollment number on the register of those enrolled in the election district at the preceding days of registration or general election. The custodian of primary records shall endorse the corresponding number on the statement of the voter to whom such number is given. All such statements and applications shall be public records and open to inspection and may be

copied by any person. They shall be kept on file for one year from the day of the next ensuing official primary.

Added by L. 1914, ch. 244; amended by L. 1919, ch. 504, in effect Oct. 1, 1919. See, generally, Matter of Werther (1916), 94 Misc. 681, 158 N. Y. Supp. 321.

§ 14-c. Special enrollment for certain voters failing to enroll on election or registration days in the year nineteen hundred and sixteen.

Repealed by L. 1918, ch. 323, in effect April 24, 1918.

§ 15. Enrollment for a new political party.

Added by L. 1911, ch. 891, § 16, amended by L. 1913, ch. 587; L. 1919, ch. 504. Repealed by L. 1921, ch. 64, in effect March 9, 1921.

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

Any qualified voter of this state who shall have been in the actual military service of this state, or of the United States, in the army or navy thereof, or on any service in connection therewith, and by reason thereof was absent from his or her election district at the times designated for the enrollment of party voters in any year, may become specially enrolled with a party, at any time before the fifth Tuesday preceding an official primary, and have his or her name added to the original enrollment books of the election district in which he or she resides and is a qualified voter, in the manner following: He or she shall make and acknowledge before an officer authorized to take the proof or acknowledgment of deeds to be recorded, and file or cause to be filed with the custodian of primary records a statement embodying a.declaration in substantially the following form, the blanks to be properly filled in:

“I, ..

do solemnly declare that I reside at (here insert residence address), and as a resident and duly qualified voter of the election district of the trict (or of the ....... ward of the city of

......

......

assembly dis

or

the town of ..

...), in the county of

that I was in the actual military service of this state (or of the United States, as the case may be), in the army or navy thereof, or, on service connected therewith, as (naming the service)...... ....., at the times designated for the preceding enrollment of party voters and by reason of such service was absent at such times from the election district in which I resided; that I have not enrolled with or participated in the primary election of any party on or since the first day of the last registration; that I am in general sympathy with the principles of the

party and it is my intention to support generally at the next election, state or national, the nominees of such party for state or national officers. I therefore request that I may be specially enrolled with the party."

The same party name shall be inserted by the voter in the two spaces provided therefor. A blank for such statement and application shall be provided by the custodian of primary records on demand to any person desiring to specially enroll under this section. The mailing of such statement and application, addressed to such custodian at his office, properly sealed with postage fully prepaid, on or before the day herein provided for filing the same, shall be a sufficient compliance with the requirements of this section.

Upon receiving such statement, the custodian of primary records shall enroll such voter with the said party of his or her choice in the original enrollment books for the proper election district, unless it be made to appear to the satisfaction of such custodian that the applicant is not a qualified voter of the election district in which he or she desires to enroll or is already enrolled in an election district, or that the statement as to his or her military or other service or absence is untrue. Such enrollment shall be made in the same manner as upon an enrollment blank deposited at one of the days of registration or on the day of general election; except that above the surname of such voter shall be written the word "special" and above the christian or given name the date of the filing or postmark of mailing of such statement and application. Voters specially enrolled hereunder shall be given by the custodian of primary records an enrollment number beginning, for the first voter thus specially enrolled, with the numeral fol

lowing the highest number on the enrollment books of those previously enrolled in the election district. The custodian of primary records shall indorse the corresponding number on the statement of the voter to whom such number is given. All such statements and applications shall be public records and open to inspection and may be copied by any person. They shall be kept on file for one year from the day of the next ensuing official primary.

Added by L. 1918, ch. 323; amended by L. 1919, chs. 504, 532, in effect May 10, 1919.

§ 16. Books to be furnished containing transcripts of enroll

ments.

The custodian of primary records shall annually provide a true copy, duly certified, for the state superintendent of elections and for each party of so much of the registers as will give the names, addresses and political affiliation of each voter. The said custodian shall, in the month of February each year, deliver one such certified copy to the state superintendent of elections and the chairman of the proper county committee of each such party. Such certified copies shall conform so far as practicable to the form of the columns and entries in the register, or to the portion transcribed, as the case may be. The custodian of primary records shall certify to such chairman that each such copy is a correct transcript from the original enrollments, made during the days of registration of voters for or at the preceding general election.

Derivation: Formerly § 36. Renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820; L. 1916, ch. 537; L. 1919, ch. 504, in effect Oct. 1, 1919. Originally revised from Primary Election Law, § 3, pt. of subd. 7, as amended by L. 1903, ch. 111, § 5; L. 1905, ch. 674, § 3, and L. 1907, ch. 744, § 1; L. 1908, ch. 456, § 6.

§ 17. Use of duplicate enrollment books at unofficial primaries. At all unofficial primary elections of a party, the certified copy of enrollment entries in the register shall be used, and no voter shall be allowed to take part in such primary election as a resident of an election district, unless his name is upon the certified copy of such enrollment entries for that district, showing that he is enrolled with the party in whose primary election he seeks to participate.

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