§ 16-108. Proceedings as to registration and voting.
502 words·~2 min read·
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§ 16-108. Proceedings as to registration and voting. 1. The supreme
court, by a justice thereof within the judicial district, or the county
court, by a county judge within his county, in a proceeding instituted
by any voter to whom registration has been unlawfully refused, shall
compel, by order, the registration of such voter, and, in a proceeding
instituted by any voter duly qualified to vote in this state, or by the
state board of elections, shall, by order, direct the cancellation of
the registration of any person who shall unlawfully be registered, and
shall order the board of elections or other official charged with the
conduct of registration to carry out such order.
2. In any such proceeding the board of elections or other official
charged with the conduct of the election, in which it is claimed the
registration of the voter unlawfully was refused or unlawfully
registered, shall be a necessary party and the person whose name is
sought to be stricken from the register shall likewise be a necessary
party, and the board and such person shall receive such notice as the
court, justice or judge shall direct.
3. Such court, in a proceeding instituted by any voter unlawfully
denied the right to vote by the inspectors, shall, by order, direct that
he be allowed to vote at his polling place and within the hours
established by law. Such order shall, where necessary, direct the board
of elections to complete the voter's registration and enrollment
records.
4. Such court, justice or judge, in a proceeding instituted by any
voter unlawfully denied an early mail or absentee ballot or the
application therefor, shall compel, by order, the delivery to such voter
of a ballot or application.
5. An affidavit by any officer or employee of the board of elections,
or by any police officer, sheriff or deputy sheriff, or by any special
investigator appointed by the state board of elections, that he or she
visited the premises claimed by the applicant as his or her residence
and that he interrogated an incarcerated individual, housedweller,
keeper, caretaker, owner, proprietor or landlord thereof or therein as
to the applicant's residence therein or thereat, and that he or she was
informed by one or more of such persons, naming them, that they knew the
persons residing upon such premises and that the applicant did not
reside upon such premises thirty days before the election, shall be
presumptive evidence against the right of the voter to register from
such premises.
6. For each primary, special and general election, the presiding
justice of the appellate division of the first and second judicial
department shall, and the presiding justice of the appellate division of
the third and fourth judicial departments may assign one or more
justices of the supreme court to sit at such offices of the board of
elections and such other locations as may be designated to hear and
determine all cases arising under this chapter relating to eligibility
for voting of such election.