Legislation
SECTION 5-702
Voters' check cards; investigation
Election (ELN) CHAPTER 17, ARTICLE 5, TITLE 7
§ 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.
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.