N.Y. Education Law § 2016: Review of registration procedure by supreme court or county judge

§ 2016. Review of registration procedure by supreme court or county

judge. 1. The supreme court or a justice thereof, or the county judge

within the county in which the school district is wholly or partly

situated, in a proceeding instituted by any qualified voter who, at the

meeting of the board of registration provided for in section two

thousand fourteen, made to the board of registration satisfactory proof

that he was or would be entitled to vote at the meeting or election for

which the board of registration was at such meeting convened to prepare

a register, and to whom such registration had been refused by such board

of registration shall, by order, compel the registration of such voter;

and in a proceeding instituted by any qualified voter shall by order

direct to be stricken from the register any names unlawfully thereon,

and shall order such board of registration, if necessary, to reconvene

for such purposes not less than two nor more than four days before the

day of the meeting or election. Written notice of an application under

this section must be given to the board of registration, by service

thereof on two of the members thereof.

2. Such court, justice or judge in a proceeding instituted by any

qualified voter whose application to vote has been denied by the

inspectors of election shall compel by order the reception of the vote

within the hours established by law.

3. An affidavit by any officer or employee of the board of education

or any police officer, sheriff or deputy sheriff that he or she visited

the premises claimed by the applicant as his or her residence, and that

he or she interrogated an incarcerated individual, housedweller, keeper

or caretaker, owner, proprietor, or landlord thereof or therein, as to

the applicant's residence therein or thereat, and that he or she was

informed by one or more of such persons, naming them, that they knew the

persons residing upon such premises and that the applicant did not

reside upon such premises thirty days before the meeting or election

shall be presumptive evidence against the right of the voter to register

from such premises.