N.Y. Election Law § 3-107: Powers and duties of the state board of elections respecting elections and crimes against the elective franchise

§ 3-107. Powers and duties of the state board of elections respecting

elections and crimes against the elective franchise. Authority is hereby

conferred upon the state board of elections to appoint a special

investigator to take charge of the investigation of cases arising under

the election law, and to appoint such additional special investigators

and employees as it may deem necessary, and fix their compensation,

within the limits of appropriation available therefor, and assign them

to any election district or districts for the purpose of enforcing the

provisions of the election law. Moneys appropriated for carrying out the

provisions of this section shall be paid out of the state treasury on

the audit and warrant of the comptroller upon the certificate of the

state board.

Such special investigators shall, when directed by the state board of

elections, investigate qualifications of persons to register or vote and

violations of the election law. Any such special investigator may:

1. Visit and inspect any house, dwelling, building, inn, lodginghouse,

boarding-house, rooming-house, or hotel and interrogate any incarcerated

individual, house-dweller, keeper, caretaker, owner, proprietor or

landlord thereof or therein, as to any person or persons residing or

claiming to reside therein or thereat.

2. Inspect and copy any books, records, papers or documents relating

to or affecting the election or the registration of voters, or require

the board or officer in charge thereof to furnish a copy of any such

record, paper or document without charge.

3. Require any lodging-house, boarding-house or rooming-house keeper,

landlord or proprietor to exhibit his register of the lodgers therein at

any time to such special investigator.

4. Procure warrants of arrest and cause to be taken into custody the

person or persons named in such process.

5. Go within the guard-rail at any polling place at any election.

Any such special investigator also shall have all of the powers of a

peace officer as set forth in section 2.20 of the criminal procedure

law, for the purpose of enforcing the provisions of this chapter.

Any person who neglects or refuses to furnish any information required

by the election law or authorized herein, or to exhibit records, papers

or documents herein authorized to be inspected or which are required to

be exhibited, shall be guilty of a misdemeanor.

The state board or any of its special investigators shall have power

to issue subpoenas or subpoenas duces tecum, administer oaths and

examine witnesses under oath, for the purpose of investigating any

matter within the jurisdiction herein prescribed for the purpose of

aiding the state board in enforcing the provisions of the election law.

Such subpoenas shall be issued in the name of the state board of

elections. Such subpoenas may be served by any special investigator or

by any police officer or peace officer who is acting pursuant to his

special duties.

Any person who shall omit, neglect or refuse to obey a subpoena

attested in the name of the state board of elections or who shall refuse

to testify under or in pursuance thereof shall be guilty of a

misdemeanor.

Any such special investigator may call upon any member of the police,

sheriff, deputy sheriff, constable or other public officer, or any

person, to assist him in carrying out the provisions of this section.

Any such officer or person who shall fail to render the assistance so

demanded or who shall wilfully hinder or delay such special investigator

in the exercise of any power or the performance of any duty shall be

guilty of a misdemeanor.