2006 New York Code - Voters\' Check Cards; Investigation.

 
    § 5-702. Voters' check cards; investigation. 1. The board of elections
  shall  cause  a  bipartisan team of regular or special employees of such
  board to conduct an investigation of the qualifications to register  and
  vote,  or  cause  a voter's check card to be prepared for each voter who
  was registered after  being  challenged  or  who  was  challenged  after
  registration and, if requested by any member of the board, for any other
  voter. The board shall forthwith deliver each such voter's check card to
  the  head of the police department in the city, town or village in which
  the voter resides, or, if there be no such  police  department,  to  the
  sheriff  or head of the police department of the county. The board shall
  make and retain an inventory list of all cards so delivered.
    2. The head of the police department or sheriff, forthwith shall cause
  an investigation to be made to determine, in each instance, whether  the
  registrant resides, and how long he has resided, at the address at which
  he  claims a residence, and to check the facts relating to why the voter
  was challenged. Such investigation shall be completed within  five  days
  after receipt of such check cards.  Each check card shall be signed with
  the  title  or  rank,  badge number, if any, and signature of the police
  officer, sheriff or deputy making  the  investigation,  who  shall  note
  above  such  signature  whether he personally interviewed the registrant
  and, if not, the full  name  of  at  least  one  other  person  whom  he
  personally interviewed at the registrant's claimed residence or place of
  employment;  the  place,  date  and  hour  of such interview; the family
  relationship, if any, between the registrant and the person interviewed;
  and any reason he may have to  believe  that  the  registrant  does  not
  reside  at  the  address  given  or  does not possess the qualifications
  prescribed by this chapter for eligibility for registration.  If  he  is
  satisfied  that  the registrant resides at such address and does possess
  such qualifications he shall write the word "valid" above his signature.
  If the officer charged with or actually making such investigation  knows
  of  his  personal  knowledge that the registrant is a qualified voter in
  the election district in which such registrant claims  a  residence,  he
  may,  without  further  investigation, endorse on such check card, above
  his title or rank, badge  number,  if  any,  and  signature,  the  words
  "Valid;  Personal  knowledge."  Such endorsement shall be considered for
  all purposes as  a  statement  under  oath  by  such  officer  that  the
  registrant is qualified to vote from the residence claimed.
    3.  No later than the sixth day after receipt of such check cards from
  the board of elections the head of  the  police  department  or  sheriff
  shall  return  them, in sealed wrappers and in each instance endorsed as
  required by subdivision two of this section, to the board of  elections.
  Each  wrapper shall contain all of the check cards for a single election
  district, alphabetically arranged in two groups. The first  group  shall
  contain   all  the  check  cards  marked  "Valid"  or  "Valid:  Personal
  knowledge." The second group shall contain the remainder of  such  check
  cards. On the face of the wrapper such forwarding officer shall cause to
  be  noted  his  name  and  the  title  of  his office, the city, town or
  village, assembly district or ward, if any, and the election district of
  the cards in the wrapper, the total number of check cards marked "Valid"
  and "Valid; Personal knowledge", the number of other  check  cards,  and
  the  total  of all check cards contained in such wrapper. With each such
  wrapper the forwarding officer shall present to the board of elections a
  receipt, containing the  information  required  to  be  stated  on  such
  wrapper.  The  original  of  such  receipt  shall  be  retained  by  the
  forwarding officer. The duplicate of such receipt shall be filed in  the
  board of elections.
    4. The board of elections forthwith shall compare such check cards for
  each  election  district with the inventory list prepared as directed by
  subdivision one of  this  section,  the  certificates  executed  by  the
  registration  board,  the challenge affidavits executed in such district
  and returned to the board of elections and the registration cards of all
  applicants  for whom check cards were executed and shall investigate any
  discrepancies.
    5. The board of elections shall file all such check  cards  which  are
  marked  "Valid"  or  "Valid:  Personal  knowledge"  in  a  separate file
  maintained by it for such purpose. Within such file, all cards shall  be
  arranged by election districts and alphabetically within such districts.
    6.  The  board  of  elections shall likewise file all such check cards
  which are not  marked  "Valid"  or  "Valid:  Personal  knowledge"  in  a
  separate file or ledgers maintained by it for such purpose.
    7.  If  it  appears  from  the check card that the registrant does not
  reside at the address from which  he  is  registered,  the  board  shall
  proceed in the manner prescribed by section 5-402 of this article.
    8.  Whenever  it  appears  to the satisfaction of a board of elections
  that any voter or witness has made a false  statement,  whether  or  not
  under  oath,  affecting his qualifications to be registered or has given
  false testimony at any hearing affecting such registration,  such  board
  forthwith  shall  forward  such  statement  or testimony to the district
  attorney and the district attorney forthwith shall present the matter to
  the grand jury.
    9. Check cards. The state board of election shall prescribe a form  of
  registration check card for use pursuant to this article.