Section 16-108. Proceedings as to registration and voting  


Latest version.
  • 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 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  visited
      the  premises  claimed  by  the  applicant  as his residence and that he
      interrogated  an  inmate,  housedweller,   keeper,   caretaker,   owner,
      proprietor  or  landlord  thereof  or  therein  as  to  the  applicant's
      residence therein or thereat, and that he 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.