2019 New York Laws
ELN - Election
Article 5 - Registration and Enrollment of Voters
Title 2 - Registration and Enrollment
5-218 - Registration; Challenges.

Universal Citation: NY Elec L § 5-218 (2019)

§ 5-218. Registration; challenges. 1. Any person who applies for registration may be challenged by any qualified voter, watcher, or inspector of election if such person has reason to suspect that the applicant is not qualified to be registered to vote.

2. When an applicant is challenged the person making the challenge must first state the reason for the challenge and complete the challenger's part of the challenge form. The board shall then administer to such applicant the following oath: "You do solemnly swear (or affirm) that you will give true answers to the questions which may be put to you to establish your qualifications to register and vote". A member of such board shall then read to the challenged person the questions printed upon the form of the challenge affidavit which relate to the reason given for the challenge, and such other questions on the form as in its discretion it may deem appropriate, and shall enter in ink, opposite each question, the answer thereto given by such applicant. After answering, the applicant shall sign his name to such challenge affidavit. The inspector or member of such board who writes the answers shall enter in the place provided on the challenge affidavit, information identifying the person challenged and the name and address of the person challenging, and shall sign the certificate at the end thereof. The other inspectors present shall also sign such certificate at the end thereof.

3. The applicant shall be registered by the board if a majority of such board shall be satisfied with the answers of the registrant. If not satisfied, they shall notify him of the qualifications which they believe he lacks as a voter, and shall furnish him a duplicate of the challenge affidavit as completed. They shall also advise him of his right to apply to the board of elections for registration.

4. When a person who has been challenged is registered, the board shall enter in the remarks column the word "Challenged".

5. The state board of elections shall prescribe forms for challenge affidavits for use pursuant hereto, which forms shall elicit such information from the applicant as it deems appropriate.


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