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such election may, by a writing signed by the duly authorized county, city, town or village committee of such political party or independent body, or by the chairman or secretary thereof charged with that duty, and delivered to and filed with one of the inspectors of election, appoint not more than two watchers to attend any meeting or meetings of inspectors for an election district held for the registration of electors thereof. Each watcher must be a qualified elector of the city or county in which the election district for which he or she is appointed a watcher shall be located. Such watchers may be present at such place of registration and within the guard-rail, from at least fifteen minutes before the commencement of the said meeting until after the completion of the duties of the board of inspectors for that day of registration.

Derivation: Election Law, pt. of § 30, as amended by L. 1898, ch. 335, § 4; L. 1901, ch. 300, § 1; L. 1905, ch. 675, § 2.

Amended by L. 1910, ch. 428; L. 1911, ch. 649, and L. 1914, ch. 242; L. 1918, th. 323, in effect Apr. 24, 1918.

Boards to act ministerially.

The boards of registration of the several election districts of the State act only ministerially in receiving and registering the names of voters. Matter of Hamilton (1894), 80 Hun 511, 30 N. Y. Supp. 499.

§ 153. Adding and erasing names on register.

If the board of inspectors at any meeting for the registration of electors shall have neglected or refused to place upon the register of electors the name of any person who is entitled to have his name placed thereon, application may be made to the sup.eme court, or any justice thereof in the judicial district in which such election district is located, or of a county adjoining such judicial district, or to a county judge of the county in which such election district is located, for an order to place such name upon the register of electors; and such court, justice or judge may, upon sufficient evidence, and upon such notice of such application, of not less than twenty-four hours, to the board of inspectors and

such other persons interested, as the court, justice or judge may require, order such inspectors to convene as a board of registration on the second Saturday before such election, and to add the name of such person to such register of electors, and such register shall be corrected accordingly; but no court, justice or judge shall order the name of any person to be added to the register of electors unless it shall have been omitted therefrom through the fault, error or negligence of the election officers. In case the name of any person who will not be qualified to vote in such election district, at the election for which such registration is made, shall appear upon such register, application may be made in like manner by any elector of the town or city in which such election district is located, or by the state superintendent of elections or any deputy state superintendent of elections to any court, justice or judge hereinbefore designated, for an order striking such name from the register, and such court, justice or judge may, upon sufficient evidence, and upon such notice of such application, of not less than twenty-four hours, to the person interested as the court, justice or judge may require, served either personally or by depositing the same in the post-office addressed to said person by his name, and at the address which appears in the register certified by the inspectors of election order such board to strike such name from such register of voters, and such register shall be corrected accordingly. In all applications to strike the names of voters from the register under this section an affidavit by the state superintendent of elections or any of his deputies when duly deputed by the state superintendent of elections for that purpose, that investigation was made by him pursuant to the provisions of section four hundred and seventy-five of this chapter, and that the affiant did visit and inspect the premises claimed by the voter as his residence, and did interrogate an inmate, housedweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to the said voter's residence therein or thereat, and that the said affiant was informed by one or more of said persons, naming them, that they were acquainted with and knew the persons residing therein or thereat, and that the voter did not reside at said premises thirty days be

In case

fore election, shall be presumptive evidence against the right of the voter to register from such premises, and in case the court, justice or judge direct that service of the order to show cause may be made by depositing the same in the post-office, such service shall not be complete until a copy of the order to show cause shall also have been served upon the custodian of primary records for the political subdivision in which such election district is located, and upon the chairman of each political committee for the political subdivision in which such election district is located. If upon the hearing of such application the court, justice or judge shall decide that the name of the elector shall be stricken from the register, the order of the court, justice or judge shall direct that the board of elections shall cause such name to be stricken from the register and also from the books of enrollment if it appears therein. the elector has, through no fault or neglect of his own, been registered in a wrong election district, the board of elections, upon proper proof, and upon such notice to the chairmen of the county committees of the several parties as the board shall prescribe, may direct that his name be stricken from the register of the district in which he is not a qualified elector and, if he is a qualified elector in an adjoining election district within the jurisdiction of such custodian, may direct that he be registered in the election district in which he is a qualified elector. The proper inspectors of election shall carry out the directions of the board.. In a county having a single commissioner of elections or where the duties of a board of elections are performed by a county clerk, such officer shall not have power to make any such direction. In any such county, such direction may be made by the court, upon proper proof. No application to add a name to or strike a name from the register shall be made after a day at least two days prior to the second Saturday before election.

Derivation: Election Law, § 31, as amended by L. 1905, ch. 675, § 3; Amended by L. 1911, chs. 649 and 740; L. 1913, ch. 820; L. 1917, ch. 703, in effect June 1, 1917.

Consolidators' note.- The expression relating to notice of application to the court has been slightly rearranged in two places, without change of words, in the interest of clearness; in "any of his deputies when duly directed by the state superintendent of elections for that purpose," "directed" is changed to "deputed;" and in "that investigation was made by them," "them" is changed to "him," as its antecedent is singular.

The final clause of the section, providing that the presumption raised by the affidavit of the superintendent or a deputy "may be rebutted only by the oral testimony under oath or affidavit of the elector whose name is sought to be stricken from the register," is omitted, having been held to be unconstitutional in the Matter of the Application of Morgan as to name of Rolle, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775,

Cross-references.- As to qualification of voters for registration, gaining or losing residence, etc., see Election Law, §§ 162-165, and notes thereunder.

A judge at chambers might, under L. 1894, ch. 275, § 37, strike from the registry the name of an intending voter, who, the facts affirmatively show, is not and cannot become qualified. There being dispute as to the facts, however, the voter should be left to swear in his vote at his peril. Matter of Goodman, (1895) 146 N. Y. 284.

Matter of Hamilton, (1894) 80 Hun 511, 30 N. Y. Supp. 499, and Matter of Ward, (1892) 48 N. Y. St. Rep. 613, 20 N. Y. Supp. 606, holding that a judge can compel a name to be added to or stricken from the registry list only when the inspectors have failed in their ministerial duty in placing the name upon the list when the applicant has taken the required oaths, etc., were practically overruled by Matter of Goodman, (1895) 146 N. Y. 284.

Service of order.- An order to show cause why the name of a person should not be stricken from the registry list need not be served upon any one except such person, although the order provides for service upon others. Matter of Griffiths, (1896) 16 Misc. 128, 38 N. Y. Supp. 953.

Registration in wrong district. Where a person negligently registers himself in the wrong election district, the court cannot relieve him after the time for registration has expired. Matter of Hart, (1898) 25 Misc. 93, 53 N. Y. Supp. 1071, motion for rearg. denied 162 N. Y. 645.

Striking names from registry in New York city. The amendment to this section made by Laws 1905, chapter 675, with reference to the affidavit of the superintendent of elections being presumptive evidence against the right of an elector to vote, is constitutional, as the legislature may prescribe what evidence of a fact shall be presumptive. Matter of Morgan (1906) 114 App. Div. 45, 99 N. Y. Supp. 775.

Such provision making such affidavit presumptive evidence is limited to the metropolitan election district, and does not apply to the rest of the State. It is nevertheless constitutional, as it is adapted to the peculiar circumstances existing in that part of the State. Matter of Morgan, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775.

The provision of this section that notice of the application to strike the name of an elector from the register may be served by mail, addressed to his residence as given, is constitutional. Matter of Morgan, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775.

On the hearing of an application to strike a name from the register, it is error to exclude competent commom-law evidence of the elector's right to vote. Matter of Morgan, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775.

But the provision in this section, that the presumption raised by the affidavit of the superintendent of elections, or his deputies, can only be rebutted by the oral testimony under oath or affidavit of the elector whose name is sought to be stricken from the register, is unconstitutional and void as it excludes other common-law evidence of his right to vote. Matter of Morgan, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775.

Presumption where name does not appear on return of lodging-house keeper.Where it appears that the name of a proposed elector is not upon the sworn statement filed by the keeper of a lodging house (see Election Law, § 480) from which such elector has registered, a presumption arises that he

does not reside at the place named and is not entitled to remain upon the registry list; but such presumption, however, may be rebutted. Matter of Jacobs, (1904) 45 Misc. 113, 91 N. Y. Supp. 596.

Application to strike the name of a registered elector from the registry list will be denied where there is any dispute about the facts or grounds for different inferences. Matter of Jacobs, (1904) 45 Misc. 113, 91 N. Y. Supp. 596. A person may have a legal residence at a lodging house or hotel notwithstanding the irregularity of his visits. Rept. of Atty.-Gen., (1908) 412.

Personal appearance before the board of registration of the electors who voted at the last preceding general election in a rural town is not required for their registration, but it is the duty of the board to place their names on the register; and the board will be directed to do so where, being uncertain as to its duty, the members thereof apply to the court for an order directing them in reference thereto. Matter of Randall (1911), 73 Misc. 539, 132 N. Y. Supp. 457.

154. Register of voters.

The board of inspectors of each election district in the state shall, at their meetings for registration for the general election in each year, make a quadruplicate register-one copy by each inspectorin the forms hereinafter prescribed, of those persons, and none other, who are or will be qualified to vote in such district at such election, which register, when finally completed, shall be the register of voters of the district for such election. Such register shall be used at all other elections held in such district during the year succeeding the election for which it is made, except for town meetings and village elections for which no registration is required.

Derivation: Election Law, § 32, pt. of subd. 1, as amended by L. 1899, ch. 630, § 5; L. 1901. ch. 113, § 1; L. 1905, ch. 675, § 4.

Cross-references. — Registration books to be furnished by secretary of state through county clerk. Election Law, § 182. Misconduct of registry officers and mutilation, destruction or loss of registry list. See Penal, Law, §§ 753, 754 (part 5, post), and Election Law, § 184. As to certification and custody, etc., of register, see Election Law, §§ 176-180.

§ 155. Form and contents of register outside of a city of over one million inhabitants.

This section applies only to election districts outside of a city of over one million inhabitants. The leaves of the register shall be indexed from A to Z. The register for election districts in which registration is required to be personal, as to any of the electors, shall be arranged in thirty-eight columns, and for elec

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