Section 5-702. Voters' check cards; investigation  


Latest version.
  • 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.