N.Y. Election Law § 5-904: Presumption of innocent authorized error

§ 5-904. Presumption of innocent authorized error. 1. Notwithstanding

subdivision six of section 5-210 of this article or any other law to the

contrary, a person who is ineligible to vote who fails to decline to

register or pre-register to vote in accordance with the provisions of

this section and did not willfully and knowingly seek to register or

pre-register to vote knowing that the person is not eligible to do so:

(a) shall not be guilty of any crime as the result of the applicant's

failure to make such declination;

(b) shall be deemed to have been registered or pre-registered with

official authorization; and

(c) such act may not be considered as evidence of a claim to

citizenship.

2. Notwithstanding subdivision six of section 5-210 of this article or

any other law to the contrary, a person who is ineligible to vote who

fails to decline to register or pre-register to vote in accordance with

the provisions of this section, who then either votes or attempts to

vote in an election held after the effective date of that person's

registration, and who did not willfully and knowingly seek to register

or pre-register to vote knowing that the person is not eligible to do

so, and did not subsequently vote or attempt to vote knowing that the

person is not eligible to do so:

(a) shall not be guilty of any crime as the result of the applicant's

failure to make such declination and subsequent vote or attempt to vote;

(b) shall be deemed to have been registered or pre-registered with

official authorization; and

(c) such act may not be considered as evidence of a claim to

citizenship.