2019 New York Laws
ELN - Election
Article 5 - Registration and Enrollment of Voters
Title 4 - Cancellation of Registration
5-402 - Cancellation of Registration; Generally, Notice to Voter.

Universal Citation: NY Elec L § 5-402 (2019)

§ 5-402. Cancellation of registration; generally, notice to voter. 1. The board of elections shall cancel the registration of a voter when he is no longer qualified to vote or as required herein.

2. Whenever the board has reason to believe that a registered voter is no longer qualified to vote, it shall, before cancelling his registration, notify him, in a form approved by the state board of elections, by first class forwardable mail to the address from which he was last registered that he may appear before the board or answer in writing by mail, stating the reasons why his registration should not be cancelled. Such notice shall also state that if the voter does not appear or answer in writing within fourteen days after such notice is mailed, his registration will be cancelled. Such notice shall also advise the voter of his right to reregister pursuant to the provisions of this chapter and shall contain the phone number to call for the days and hours of local registration and the location of local registration places, the deadline for personal registration by mail for the next general election and the phone number to call to obtain additional applications for personal registration by mail. No such notice shall be required in order to cancel the registration of a voter who has made a personal request to be removed from the list of registered voters as defined by subdivision two of section 5-400 of this title or the registration of a voter whose name has been in inactive status for at least the period required by paragraph (f) of subdivision one of section 5-400 of this title or to cancel the registration of a voter who has died. Together with such notice of cancellation, the board shall mail to such voter a postage paid return card in a form approved by the state board of elections. Such card shall provide a place for the voter to set forth the reasons for his continued eligibility to vote in such county or city and to indicate his current address in the county or city and a statement that failure to return the card will result in cancellation of registration. The card shall also inform the voter of how to reregister if the voter has moved out of the county or city. If such registered voter shall fail to appear or answer in writing within such time or if, after he so appears or writes, the board is not satisfied that he is qualified to remain registered, the board shall cancel his registration.

3. The board of elections shall notify immediately every person whose registration is cancelled after such person has responded, in person or by mail, to a notice sent pursuant to subdivision two of this section, of the action taken and the reason therefor, by written notice to the address from which he was last registered. Such notice shall advise such persons either of their right to reregister or their right to apply to a court of law for reinstatement, whichever is appropriate.

4. Each board of elections shall, at least once a month, transmit to the appropriate board of elections, a list of the names, old addresses and new addresses of every voter whose registration was cancelled pursuant to the provisions of paragraph (a) of subdivision one of section 5-400 of this title because the voter moved to an address in the jurisdiction of the board to which the list is sent, unless the board of elections sending the list has received notice that the voter has already registered to vote from the new address.


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