N.Y. Election Law § 5-104: Qualifications of voters; residence, gaining or losing

§ 5-104. Qualifications of voters; residence, gaining or losing. 1.

For the purpose of registering and voting no person shall be deemed to

have gained or lost a residence by reason of his presence or absence

while employed in the service of the United States, nor while engaged in

the navigation of the waters of this state, or of the United States, or

of the high seas; nor while a student of any institution of learning;

nor while kept at any welfare institution, asylum or other institution

wholly or partly supported at public expense or by charity; nor while

confined in any public prison.

2. In determining a voter's qualification to register and vote, the

board to which such application is made shall consider, in addition to

the applicant's expressed intent, his conduct and all attendant

surrounding circumstances relating thereto. The board taking such

registration may consider the applicant's financial independence,

business pursuits, employment, income sources, residence for income tax

purposes, age, marital status, residence of parents, spouse and

children, if any, leaseholds, sites of personal and real property owned

by the applicant, motor vehicle and other personal property

registration, and other such factors that it may reasonably deem

necessary to determine the qualification of an applicant to vote in an

election district within its jurisdiction. The decision of a board to

which such application is made shall be presumptive evidence of a

person's residence for voting purposes.