2006 New York Code - Powers And Duties Of The State Board Of Elections Respecting Elections And Crimes Against The Elective Franchise.



 
    §  3-107. Powers and duties of the state board of elections respecting
  elections and crimes against the elective franchise. Authority is hereby
  conferred upon the  state  board  of  elections  to  appoint  a  special
  investigator  to take charge of the investigation of cases arising under
  the election law, and to appoint such additional  special  investigators
  and  employees  as  it  may  deem necessary, and fix their compensation,
  within the limits of appropriation available therefor, and  assign  them
  to  any  election district or districts for the purpose of enforcing the
  provisions of the election law. Moneys appropriated for carrying out the
  provisions of this section shall be paid out of the  state  treasury  on
  the  audit  and  warrant  of the comptroller upon the certificate of the
  state board.
    Such special investigators shall, when directed by the state board  of
  elections, investigate qualifications of persons to register or vote and
  violations of the election law. Any such special investigator may:
    1. Visit and inspect any house, dwelling, building, inn, lodginghouse,
  boarding-house,  rooming-house,  or  hotel  and  interrogate any inmate,
  house-dweller, keeper, caretaker, owner, proprietor or landlord  thereof
  or  therein,  as to any person or persons residing or claiming to reside
  therein or thereat.
    2. Inspect and copy any books, records, papers or  documents  relating
  to  or  affecting the election or the registration of voters, or require
  the board or officer in charge thereof to furnish a  copy  of  any  such
  record, paper or document without charge.
    3.  Require any lodging-house, boarding-house or rooming-house keeper,
  landlord or proprietor to exhibit his register of the lodgers therein at
  any time to such special investigator.
    4. Procure warrants of arrest and cause to be taken into  custody  the
  person or persons named in such process.
    5. Go within the guard-rail at any polling place at any election.
    Any  such  special investigator also shall have all of the powers of a
  peace officer as set forth in section 2.20  of  the  criminal  procedure
  law, for the purpose of enforcing the provisions of this chapter.
    Any person who neglects or refuses to furnish any information required
  by  the election law or authorized herein, or to exhibit records, papers
  or documents herein authorized to be inspected or which are required  to
  be exhibited, shall be guilty of a misdemeanor.
    The  state  board or any of its special investigators shall have power
  to issue subpoenas  or  subpoenas  duces  tecum,  administer  oaths  and
  examine  witnesses  under  oath,  for  the  purpose of investigating any
  matter within the jurisdiction herein  prescribed  for  the  purpose  of
  aiding  the state board in enforcing the provisions of the election law.
  Such subpoenas shall be issued  in  the  name  of  the  state  board  of
  elections.  Such  subpoenas may be served by any special investigator or
  by any police officer or peace officer who is  acting  pursuant  to  his
  special duties.
    Any  person  who  shall  omit,  neglect  or  refuse to obey a subpoena
  attested in the name of the state board of elections or who shall refuse
  to  testify  under  or  in  pursuance  thereof  shall  be  guilty  of  a
  misdemeanor.
    Any  such special investigator may call upon any member of the police,
  sheriff, deputy sheriff, constable  or  other  public  officer,  or  any
  person,  to  assist  him in carrying out the provisions of this section.
  Any such officer or person who shall fail to render  the  assistance  so
  demanded or who shall wilfully hinder or delay such special investigator
  in  the  exercise  of  any power or the performance of any duty shall be
  guilty of a misdemeanor.

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