2010 New York Code
ELN - Election
Article 17 - (17-100 - 17-170) VIOLATIONS OF THE ELECTIVE FRANCHISE
17-130 - Misdemeanor in relation to elections.
§ 17-130. Misdemeanor in relation to elections. Any person who: 1. Acts as an inspector of election or as a clerk at an election, without being able to read or write the English language, or without being otherwise qualified to hold such office; or, 2. Being an inspector of election, knowingly and wilfully permits or suffers any person to vote who is not entitled to vote thereat; or, 3. Wilfully and unlawfully obstructs, hinders or delays, or aids or assists in obstructing or delaying any elector on his way to a registration or polling place, or while he is attempting to register or vote; or, 4. Electioneers on election day or on days of registration within one hundred feet, as defined herein, from a polling place. Said prohibition shall not apply to a building or room that has been maintained for political purposes at least six months prior to said election or registration days, except that no political displays, placards or posters shall be exhibited therefrom. For the purposes of this section, the one hundred feet distance shall be deemed to include a one hundred foot radial measured from the entrances, designated by the inspectors of elections, to a building where the election or registration is being held. 5. Removes any official ballot from a polling place before the closing of the polls; or, 6. Unlawfully goes within the guard-rail of any polling place or unlawfully remains within such guard-rail after having been commanded to remove therefrom by any inspector of election; or, 7. Enters a voting booth with any voter or remains in a voting booth while it is occupied by any voter, or opens the door of a voting booth when the same is occupied by a voter, with the intent to watch such a voter while engaged in the preparation of his ballot, except as authorized by this chapter; or, 8. Being or claiming to be a voter, permits any other person to be in a voting booth with him while engaged in the preparation of his ballot, except as authorized by this chapter, without openly protesting against and asking that such person be ejected; or, 9. Having lawfully entered a voting booth with a voter, requests, persuades or induces such voter to vote any particular ballot or for any particular candidate, or makes or keeps any memorandum of anything occurring within the booth, or directly or indirectly, reveals to another the name of any candidate voted for by such voter; or, 10. Shows his ballot after it is prepared for voting, to any person so as to reveal the contents, or solicits a voter to show the same; or, 11. Places any mark upon his ballot, or does any other act in connection with his ballot with the intent that it may be identified as the one voted by him; or, 12. Places any mark upon, or does any other act in connection with a ballot or paster ballot, with the intent that it may afterwards be identified as having been voted by any particular person; or, 13. Receives an official ballot from any person other than one of the clerks or inspectors having charge of the ballots; or, 14. Not being an inspector of election or clerk, delivers an official ballot to a voter; or, 15. Not being an inspector of election, receives from any voter a ballot prepared for voting; or, 16. Fails to return to the inspectors of election, before leaving the polling place or going outside the guard-rail, each ballot not voted by him; or, 17. Wilfully defaces, injures, mutilates, destroys or secretes any voting maching which belongs to any municipality or board of elections for use at elections, and any person who commits or attempts to commit a fraud in the use of any such voting machine during election; or, 18. Not being lawfully authorized, makes or has in his possession a key to a voting maching which has been adopted and will be used in elections; or, 19. Not being an inspector or clerk of election, handles a voted or unvoted ballot or stub thereof, during the canvass of votes at an election; or, 20. Intentionally opens an absentee voter's envelope or examines the contents thereof after the receipt of the envelope by the board of elections and before the close of the polls at the election; or, 21. Wilfully disobeys any lawful command of the board of inspectors, or any member thereof; or 22. Induces or attempts to induce any poll clerk, election inspector, election coordinator, or officer, clerk or employee of the board of elections discharging any duty or performing any act required or made necessary by the election law, to do any act in violation of his duty or in violation of the election law; or, 23. Not having been appointed or named an inspector of elections or clerk and not having taken the oath for such office shall wear or display any button, badge or emblem identifying or purporting to identify such person as an inspector of election or clerk, is guilty of a misdemeanor.
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