N.Y. Election Law § 5-702: Voters' check cards; investigation

§ 5-702. Voters' check cards; investigation. 1. The board of elections

shall cause a bipartisan team of regular or special employees of such

board to conduct an investigation of the qualifications to register and

vote, or cause a voter's check card to be prepared for each voter who

was registered after being challenged or who was challenged after

registration and, if requested by any member of the board, for any other

voter. The board shall forthwith deliver each such voter's check card to

the head of the police department in the city, town or village in which

the voter resides, or, if there be no such police department, to the

sheriff or head of the police department of the county. The board shall

make and retain an inventory list of all cards so delivered.

2. The head of the police department or sheriff, forthwith shall cause

an investigation to be made to determine, in each instance, whether the

registrant resides, and how long he has resided, at the address at which

he claims a residence, and to check the facts relating to why the voter

was challenged. Such investigation shall be completed within five days

after receipt of such check cards. Each check card shall be signed with

the title or rank, badge number, if any, and signature of the police

officer, sheriff or deputy making the investigation, who shall note

above such signature whether he personally interviewed the registrant

and, if not, the full name of at least one other person whom he

personally interviewed at the registrant's claimed residence or place of

employment; the place, date and hour of such interview; the family

relationship, if any, between the registrant and the person interviewed;

and any reason he may have to believe that the registrant does not

reside at the address given or does not possess the qualifications

prescribed by this chapter for eligibility for registration. If he is

satisfied that the registrant resides at such address and does possess

such qualifications he shall write the word "valid" above his signature.

If the officer charged with or actually making such investigation knows

of his personal knowledge that the registrant is a qualified voter in

the election district in which such registrant claims a residence, he

may, without further investigation, endorse on such check card, above

his title or rank, badge number, if any, and signature, the words

"Valid; Personal knowledge." Such endorsement shall be considered for

all purposes as a statement under oath by such officer that the

registrant is qualified to vote from the residence claimed.

3. No later than the sixth day after receipt of such check cards from

the board of elections the head of the police department or sheriff

shall return them, in sealed wrappers and in each instance endorsed as

required by subdivision two of this section, to the board of elections.

Each wrapper shall contain all of the check cards for a single election

district, alphabetically arranged in two groups. The first group shall

contain all the check cards marked "Valid" or "Valid: Personal

knowledge." The second group shall contain the remainder of such check

cards. On the face of the wrapper such forwarding officer shall cause to

be noted his name and the title of his office, the city, town or

village, assembly district or ward, if any, and the election district of

the cards in the wrapper, the total number of check cards marked "Valid"

and "Valid; Personal knowledge", the number of other check cards, and

the total of all check cards contained in such wrapper. With each such

wrapper the forwarding officer shall present to the board of elections a

receipt, containing the information required to be stated on such

wrapper. The original of such receipt shall be retained by the

forwarding officer. The duplicate of such receipt shall be filed in the

board of elections.

4. The board of elections forthwith shall compare such check cards for

each election district with the inventory list prepared as directed by

subdivision one of this section, the certificates executed by the

registration board, the challenge affidavits executed in such district

and returned to the board of elections and the registration cards of all

applicants for whom check cards were executed and shall investigate any

discrepancies.

5. The board of elections shall file all such check cards which are

marked "Valid" or "Valid: Personal knowledge" in a separate file

maintained by it for such purpose. Within such file, all cards shall be

arranged by election districts and alphabetically within such districts.

6. The board of elections shall likewise file all such check cards

which are not marked "Valid" or "Valid: Personal knowledge" in a

separate file or ledgers maintained by it for such purpose.

7. If it appears from the check card that the registrant does not

reside at the address from which he is registered, the board shall

proceed in the manner prescribed by section 5-402 of this article.

8. Whenever it appears to the satisfaction of a board of elections

that any voter or witness has made a false statement, whether or not

under oath, affecting his qualifications to be registered or has given

false testimony at any hearing affecting such registration, such board

forthwith shall forward such statement or testimony to the district

attorney and the district attorney forthwith shall present the matter to

the grand jury.

9. Check cards. The state board of election shall prescribe a form of

registration check card for use pursuant to this article.