N.Y. Election Law § 16-108: Proceedings as to registration and voting

§ 16-108. Proceedings as to registration and voting. 1. The supreme

court, by a justice thereof within the judicial district, or the county

court, by a county judge within his county, in a proceeding instituted

by any voter to whom registration has been unlawfully refused, shall

compel, by order, the registration of such voter, and, in a proceeding

instituted by any voter duly qualified to vote in this state, or by the

state board of elections, shall, by order, direct the cancellation of

the registration of any person who shall unlawfully be registered, and

shall order the board of elections or other official charged with the

conduct of registration to carry out such order.

2. In any such proceeding the board of elections or other official

charged with the conduct of the election, in which it is claimed the

registration of the voter unlawfully was refused or unlawfully

registered, shall be a necessary party and the person whose name is

sought to be stricken from the register shall likewise be a necessary

party, and the board and such person shall receive such notice as the

court, justice or judge shall direct.

3. Such court, in a proceeding instituted by any voter unlawfully

denied the right to vote by the inspectors, shall, by order, direct that

he be allowed to vote at his polling place and within the hours

established by law. Such order shall, where necessary, direct the board

of elections to complete the voter's registration and enrollment

records.

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

voter unlawfully denied an early mail or absentee ballot or the

application therefor, shall compel, by order, the delivery to such voter

of a ballot or application.

5. An affidavit by any officer or employee of the board of elections,

or by any police officer, sheriff or deputy sheriff, or by any special

investigator appointed by the state board of elections, that he or she

visited the premises claimed by the applicant as his or her residence

and that he interrogated an incarcerated individual, housedweller,

keeper, 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 election, shall be

presumptive evidence against the right of the voter to register from

such premises.

6. For each primary, special and general election, the presiding

justice of the appellate division of the first and second judicial

department shall, and the presiding justice of the appellate division of

the third and fourth judicial departments may assign one or more

justices of the supreme court to sit at such offices of the board of

elections and such other locations as may be designated to hear and

determine all cases arising under this chapter relating to eligibility

for voting of such election.