New York Glossary

* § 5-900. Integrated personal voter registration application required. 

1. In addition to any other method of voter registration provided for by this chapter, state and local agencies designated in subdivisions thirteen and fourteen of this section shall provide to the state board of elections voter registration qualification information associated with each person who submits an application for services or assistance at such agency, including a renewal, recertification, or reexamination transaction at such agency, and each person who submits a change of address or name form. For the purposes of the department of motor vehicles, "application for services or assistance at such agency" refers only to an application for a motor vehicle driver's license, a driver's license renewal or an identification card if such card is issued by the department of motor vehicles in its normal course of business. For purposes of the New York city housing authority "application for services or assistance at such agency" refers only to applications that reach an eligibility interview and reexamination
 transactions. Such designated agencies shall ensure agency applications substantially include all of the elements required by section 5-210 of this article, including the appropriate attestation, so that persons completing such applications shall be able to also submit an application to register to vote through the electronic voter registration transmittal system. For purposes of this section, "agency" shall mean any state or local agency, department, division, office, institution or other entity designated in subdivision thirteen of this section or designated by the governor pursuant to subdivision fourteen of this section. For purposes of this section, registration shall also include pre-registration pursuant to section 5-507 of this article.
 
 2. For each application submitted to the agency, whether electronically or on paper, the agency shall transmit to the state board of elections through an interface with the electronic voter registration transmittal system established and maintained by the state board of elections that portion of the application that includes voter registration information. The state board of elections shall electronically forward such application to the applicable board of elections of each county or the city of New York for filing, processing and verification consistent with this chapter.
 
 3. An integrated voter registration form submitted to an agency in paper format shall be transmitted to the state board of elections through an electronic voter registration transmittal system by converting the paper form to an image file or a portable document format file which shall thereafter be deemed the original form for voter registration and enrollment purposes. The agency shall retain the complete original paper application for no less than two years. The transmittal of the converted paper application may include or be accompanied by data elements and transmittal information as required by the rules and regulations of the state board of elections.
 
 4. An integrated voter registration application submitted to an agency in an electronic format shall be transmitted to the state board of elections through the electronic voter registration transmittal system and shall include all of the voter registration data elements, including electronic signature, as applicable, and record of attestation of the accuracy of the voter registration information and any relevant document images.
 
 5. Notwithstanding any other law to the contrary, no agency designated under this section shall transmit to the state board of elections any application for registration for a person that indicates on the integrated personal voter registration application that they do not meet one of the eligibility requirements.
 
 6. The voter registration related portion of each agency's integrated application for services or assistance shall:
 
 (a) include a statement of the eligibility requirements for voter registration and shall require the applicant to attest by the applicant's signature that the applicant meets those requirements under penalty of perjury and is applying to register or pre-register to vote unless such applicant declines such registration;
 
 (b) inform the applicant, in print identical to that used in the attestation section of the following:
 
 (i) voter eligibility requirements;
 
 (ii) penalties for submission of a false registration application;
 
 (iii) that the office where the applicant applies for registration shall remain confidential and the voter registration information shall be used only for voter registration purposes;
 
 (iv) that if the applicant applies to register to vote electronically, such applicant thereby consents to the use of an electronic copy of the individual's manual signature that is in the custody of the department of motor vehicles, the state board of elections, or other agency designated by this section, as the individual's voter registration exemplar signature if the individual voter's exemplar signature is not provided with the voter registration application;
 
 (v) if the applicant signs the application and does not check the box declining to register to vote, such applicant thereby consents to the use of any information required to complete the voter registration application;
 
 (vi) if the applicant declines to register, such applicant's declination shall remain confidential and be used only for voter registration purposes; and
 
 (vii) that applying to register or declining to register to vote will not affect the amount of assistance that the applicant will be provided by this agency;
 
 (c) include a box for the applicant to check to indicate whether the applicant would like to decline to register to vote along with the following statement in prominent type, "IF YOU DO NOT CHECK THIS BOX, AND YOU PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU WILL HAVE APPLIED TO REGISTER OR PRE-REGISTER TO VOTE, AND YOU WILL HAVE ATTESTED TO YOUR- ELIGIBILITY TO REGISTER OR PRE-REGISTER TO VOTE."
 
 (d) include the following warning statement in prominent type, "IF YOU ARE NOT A CITIZEN OF THE UNITED STATES, YOU MUST CHECK THE BOX BELOW. NON-CITIZENS WHO REGISTER OR PRE-REGISTER TO VOTE MAY BE SUBJECT TO CRIMINAL PENALTIES AND SUCH VOTER REGISTRATION OR PRE-REGISTRATION MAY RESULT IN DEPORTATION OR REMOVAL, EXCLUSION FROM ADMISSION TO THE UNITED STATES, OR DENIAL OF NATURALIZATION.";
 
 (e) include a space for the applicant to indicate the applicant's choice of party enrollment, with a clear alternative provided for the applicant to decline to affiliate with any party and the following statement in prominent type " ONLY ENROLLED MEMBERS OF A POLITICAL PARTY MAY VOTE IN THAT PARTY'S PRIMARIES".
 
 (f) include a statement that if an applicant is a victim of domestic violence or stalking, the applicant may contact the state board of elections before or after registering or pre-registering to vote in order to receive information regarding the address confidentiality program for victims of domestic violence under section 5-508 of this article.
 
 7. Information from the voter relevant to both voter registration and the agency application shall be entered by the voter only once upon an electronic application.
 
 8. The agency shall redact or remove from the completed integrated application to be transmitted to the state board of elections any information solely applicable to the agency application.
 
 9. Information concerning the citizenship status of individuals, when collected and transmitted pursuant to subdivision one of this section, shall not be retained, used or shared for any other purpose except as may be required by law.
 
 10. A voter shall be able to decline to register to vote using an integrated application by selecting a single check box, or equivalent, which shall include the following statement: "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION AND PRE-REGISTRATION PURPOSES. DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS."
 
 11. The voter shall be able to sign the voter registration application and the agency application by means of a single manual or electronic signature unless the agency requires more than one signature for other agency purposes.
 
 12. No application for voter registration shall be submitted if the applicant declines registration or fails to sign the integrated application, whether on paper or online.
 
 13. Beginning January first, two thousand twenty-three, designated agencies for purposes of this section shall include the department of motor vehicles. Beginning January first, two thousand twenty-four, designated agencies for the purposes of this section shall also include the department of health, the office of temporary and disability assistance, the department of labor, the office of adult career and
 continuing education services - vocational rehabilitation, county and city departments of social services, and the New York city housing authority, as well as any other agency designated by the governor. Beginning January first, two thousand twenty-five, designated agencies for the purposes of this section shall also include the state university of New York. Each designated agency shall enter into an agreement with the state board of elections finalizing the format and content of electronic transmissions required by this section. The state board of elections shall prepare and distribute to designated agencies written instructions as to the implementation of the program and shall be responsible for establishing training programs for employees of designated agencies listed in this section. Such instructions and such training shall ensure usability of the integrated application for low English proficiency voters. Any such designated agency shall take all actions that are necessary and proper for the implementation of this section, including facilitating technological capabilities to allow transmission of data through an interface with the electronic voter registration transmittal system in a secure manner.
 
 14. Every other year, the governor shall conduct a review of each participating agency under section 5-211 of this article not already designated as an automatic voter registration agency pursuant to this subdivision in order to determine whether designation is appropriate. The governor shall designate each participating agency that collects information or documents that would provide proof of eligibility to vote unless the governor determines that there are compelling reasons why automatic voter registration is not feasible at the agency. If the governor should determine that there are compelling reasons why automatic voter registration is not feasible at an agency, the governor shall prepare a report explaining those reasons to the legislature by the end of the calendar year in which that determination is made. Any agency designated by the governor pursuant to this subdivision shall provide automatic voter registration upon the earlier occurrence of: (a) two years after designation by the governor, or (b) five days after the date of certification by the state board of elections that the information technology infrastructure to substantially implement the provisions of this section at the agency is functional.
 
 15. The state board of elections shall promulgate rules and regulations for the creation and administration of an integrated electronic voter registration process as provided for by this section.
 
 16. Each participating agency shall provide an opportunity through rulemaking for public notice and comment regarding the plans for implementation in the agency. Such opportunity must be provided sufficiently in advance of implementation to allow for adjustment of agency plans to take public comment into account. Agency plans for implementation shall provide for sufficient testing of the process in the agency prior to implementation in order to ensure the technology is functioning properly, the process is usable and understandable for applicants and agency employees, and reasonable precautions have been put in place to minimize error or the possibility of discouraging applications for services, assistance, or registration.
 
 * NB Effective January 1, 2023* § 5-902. Failure to receive exemplar signature not to prevent registration. If a voter registration exemplar signature is not received from an applicant who submits a voter registration or pre-registration application pursuant to this title and such signature exemplar is not otherwise available from the statewide voter registration database or a state or local agency, the local board of elections shall, absent another reason to reject the application, proceed to register or pre-register and, as applicable, enroll the applicant. Within ten days of such action, the board of elections shall send a standard form promulgated by the state board of elections to the voter whose record lacks an exemplar signature, requiring such voter to submit a signature for identification purposes. The voter shall submit to the board of elections a voter registration exemplar signature by any one of the following methods: in person, by mail with return postage paid provided by the board of elections, by electronic mail, or by electronic upload to the board of elections through the electronic voter registration
 transmittal system. If such voter does not provide the required exemplar signature, when the voter appears to vote the voter shall be entitled to vote by affidavit ballot.
 
 * NB Effective January 1, 2023

* § 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.
 
 * NB Effective January 1, 2023

* § 5-906. Forms. 

The state board of elections shall promulgate rules and regulations to implement this title. All agency forms and notices required by this title shall be approved by the state board of elections. All applications and notices for use by a board of elections pursuant to this title shall be promulgated by the state board of elections, and no addition or alteration to such forms by a board of elections shall be made without approval of the state board of elections.
 
 * NB Effective January 1, 2023 

§ 5-218. Registration; challenges. 

1. Any person who applies for registration may be challenged by any qualified voter, watcher, or inspector of election if such person has reason to suspect that the applicant is not qualified to be registered to vote.
 
 2. When an applicant is challenged the person making the challenge must first state the reason for the challenge and complete the challenger's part of the challenge form. The board shall then administer to such applicant the following oath: "You do solemnly swear (or affirm) that you will give true answers to the questions which may be put to you to establish your qualifications to register and vote". A member of such board shall then read to the challenged person the questions printed upon the form of the challenge affidavit which relate to the reason given for the challenge, and such other questions on the form as in its discretion it may deem appropriate, and shall enter in ink, opposite each question, the answer thereto given by such applicant. After answering, the applicant shall sign his name to such challenge affidavit. The inspector or member of such board who writes the answers shall enter in the place provided on the challenge affidavit, information identifying the person challenged and the name and address of the person challenging, and shall sign the certificate at the end thereof. The other inspectors present shall also sign such certificate at the end thereof.
 
 3. The applicant shall be registered by the board if a majority of such board shall be satisfied with the answers of the registrant. If not satisfied, they shall notify him of the qualifications which they believe he lacks as a voter, and shall furnish him a duplicate of the challenge affidavit as completed. They shall also advise him of his right to apply to the board of elections for registration.
 
 4. When a person who has been challenged is registered, the board shall enter in the remarks column the word "Challenged".
 
 5. The state board of elections shall prescribe forms for challenge affidavits for use pursuant hereto, which forms shall elicit such information from the applicant as it deems appropriate.

§ 5-220. Registration; challenge after registered. 

1. Any person may challenge the registration of a voter by executing and delivering to the board of elections or a board taking registrations, his affidavit that he has reason to believe that such voter's registration should be cancelled. Such affidavit shall contain the affiant's full name, residence, and business address, the name of his employer, the registration serial number of the person challenged and a recital of the reasons and the facts supporting affiant's belief that the person challenged lacks the qualifications for voting prescribed in this chapter and specified in such affidavit. The affidavit shall state if the reasons for challenge are based upon the affiant's personal knowledge, or upon information received from another person. If the affiant's belief is based upon information furnished by another, the affidavit shall recite the name of the person furnishing the information and the basis for his information. After the affiant has signed such affidavit a member of such board shall read to him and request him to
 sign the following oath, which shall be subscribed by such affiant: "I do solemnly swear (or affirm) that the foregoing statement made by me on (insert day, month and year) is a truthful disclosure of the reasons for my belief that the registered voter therein named is not qualified to continue to be registered in the election district in which he is now registered." If the affiant shall take and sign such oath, the members of the board shall sign their names as witnesses below the affiant's subscription to such oath. Each such affidavit shall be directed toward the challenge of only one registrant. The board shall give full assistance to any person desiring to execute such an affidavit. The board of elections shall furnish the necessary forms. Upon receipt of such affidavit the board of elections forthwith shall conduct an investigation of the voter's qualifications to remain registered in the same manner as provided for applications for personal registration by mail. Any person whose registration is so challenged shall be notified thereof by the board of elections by registered or certified mail within five days after the affidavit is received by it.
 
 2. If the board of elections cannot complete its investigation, or cannot make a determination before the next election at which the registrant could vote, it shall place his name on a challenge list as a person to be challenged when voting. 

§ 5-508. Confidentiality of registration records in certain cases. 

1. For purposes of this section:
 
 (a) "Victim of domestic violence" means any person who is a victim of a violent felony, as defined in section 70.02 of the penal law, or disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, aggravated harassment in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, assault in the third degree or an attempted assault; and
 
 (i) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and
 
 (ii) such act or acts are or are alleged to have been committed by a family or household member.
 
 (b) "Family or household members" mean the following individuals:
 
 (i) persons related by consanguinity or affinity;
 
 (ii) persons legally married to one another;
 
 (iii) persons formerly married to one another regardless of whether they still reside in the same household;
 
 (iv) persons who have a child in common regardless of whether such persons are married or have lived together at any time;
 
 (v) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors the court may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an "intimate relationship".
 
 2. (a) A victim of domestic violence may deliver to the board of elections, in the county wherein such victim of domestic violence is registered or intends to be registered pursuant to this article, in person or by mail, a signed written statement swearing or affirming:
 
 (i) that such person is the victim of domestic violence; and
 
 (ii) that because of the threat of physical or emotional harm to themself or to family or household members, such person wishes for their registration record to be kept confidential.
 
 (b) Upon application made to the board of elections pursuant to paragraph (a) of this subdivision, the board of elections shall ensure that any registration record kept or maintained in accordance with this article and any other records with respect to such victim of domestic violence be kept separate and apart from other such records and not be made available for inspection or copying by the public or any other person, except election officials acting within the course and scope of their official duties and only as pertinent and necessary in connection therewith. The confidentiality of such registration records shall begin upon the board's acceptance of such sworn statement and continue for four years from such date. A new application may be made prior to the expiration of such four year period.

§ 1-104. Definitions. 

The terms used in this chapter shall have the significance herein defined unless another meaning is clearly apparent in language or context. 

1. The term "political unit" means the state or any political subdivision thereof or therein.
 
 2. The term "unit of representation" means any political unit from which members of any committee or delegates to a party convention shall be elected as provided in this chapter.
 
 3. The term "party" means any political organization which, excluding blank and void ballots, at the last preceding election for governor received, at least two percent of the total votes cast for its candidate for governor, or one hundred thirty thousand votes, whichever is greater, in the year in which a governor is elected and at least two percent of the total votes cast for its candidate for president, or one hundred thirty thousand votes, whichever is greater, in a year when a president is elected.
 
 4. The term "party position" means membership on a party committee or the position of delegate or alternate to a party convention.
 
 5. The term "party officer" means one who holds any party position or any party office whether by election, appointment or otherwise.
 
 6. The term "committee" means any committee chosen, in accordance with the provisions of this chapter, to represent the members of a party in any political unit.
 
 7. The term "designation" means any method in accordance with the provisions of this chapter by which candidates for party nomination for public office or for election to party position may be named for the
 purpose of any primary election.
 
 8. The term "official ballot" refers to the paper ballot on which the voter casts his vote, or the face of a voting machine as prepared for the voter to cast his vote at any election held in accordance with the
 provisions of this chapter.
 
 9. The terms "primary" or "primary election" mean only the mandated election at which enrolled members of a party may vote for the purpose of nominating party candidates and electing party officers.
 
 10. The terms "uncontested office" and "uncontested position", used in connection with a primary election of a party, mean an office or position for which the number of candidates designated does not exceed the number to be nominated or elected thereto by the party, and for which no valid petition of enrolled members of the party requesting an opportunity to write in the name of an undesignated candidate has been filed.
 
 11. The term "nomination" means the selection in accordance with the- provisions of this chapter of a candidate for an office authorized to be filled at an election.
 
 12. The term "independent body" means any organization or group of voters which nominates a candidate or candidates for office to be voted for at an election, and which is not a party as herein provided.
 
 13. The term "independent nomination" means nomination by an independent body.
 
 14. Words of masculine gender include the feminine except where the provision clearly applies to only one sex.
 
 * 15. The term "veterans' hospital" means any sanitarium, hospital, soldiers' and sailors' home, United States Veterans' Administration Hospital, or other home or institution, which is used, operated and conducted exclusively for the care, maintenance and treatment of persons serving in the military or naval service or coast guard of the United States or the state of New York, or persons who (a) were honorably discharged from such service, or (b) have a qualifying condition, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from such service, or (c) are a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from such service.
 
 * NB Effective until April 1, 2023
 
 * 15. The term "veterans' hospital" means any sanitarium, hospital, soldiers' and sailors' home, United States Veterans' Administration Hospital, or other home or institution, which is used, operated and conducted exclusively for the care, maintenance and treatment of persons serving in the military or naval service or coast guard of the United States or the state of New York, or persons who (a) were honorably discharged from such service, or (b) have a qualifying condition, as defined in section one of the veterans' services law, and have received a discharge other than bad conduct or dishonorable from such service, or (c) are a discharged LGBT veteran, as defined in section one of the- veterans' services law, and have received a discharge other than bad conduct or dishonorable from such service.
 
 * NB Effective April 1, 2023
 
 16. The term "county legislative body" shall mean the elected governing body of a county, and in the city of New York, the city council.
 
 17. The term "ballot proposal" means any constitutional amendment, proposition, referendum or other question submitted to the voters at any election.
 
 18. The word "ballot" when referring to voting machines or systems means that portion of the cardboard or paper or other material or electronic display within the ballot frame containing the name of the candidate and the emblem of the party organization by which he was nominated, of the form of submission of a proposed constitutional amendment, proposition referendum or question as provided in this chapter, with the word "yes" for voting for any question or the word "no" for voting against any question except that where the question or proposition is submitted only to the voters of a territory wholly within a county or city, such form shall be determined by the county board of elections. Such statement and the title shall be printed and/or displayed in the largest type or display which it is practicable to use in the space provided.
 
 19. The term "ballot label" means the printed strips of cardboard or paper used on the voting machine containing the names of the candidates nominated, and the questions submitted.
 
 20. The term "write-in ballot" means a vote cast for a person whose name does not appear on the ballot labels.
 
 21. The term "protective counter" means a separate counter built into the voting machine that cannot be reset, and which records the total number of movements of the operating lever.
 
 22. The term "residence" shall be deemed to mean that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return.
 
 23. The term "voting machine custodian" shall mean a city, town or board of elections employee charged with the duty of repairing and maintaining voting machines.
 
 24. The term "major political parties" means the two parties which polled for their respective candidates for the office of governor the highest and next highest number of votes at the last preceding election for such office.
 
 25. The term "election officer" shall mean any person who, pursuant to the provisions of this chapter, performs any official duty or function in the electoral process.
 
 26. The term "board of elections" shall mean the board of elections of any county in the state of New York and the board of elections of the city of New York and with respect to villages located in more than one county, shall mean the board of elections of that county containing more than fifty percent of the population of the village as shown by the last federal decennial or special census.
 
 27. The term "personal application" means a signed writing which may be delivered by mailing or in person.
 
 28. The term "caucus" shall mean an open meeting held in a political subdivision to nominate the candidates of a political party for public office to be elected in such subdivision at which all the enrolled
 voters of such party residing in such subdivision are eligible to vote.
 
 29. The term "ballot label programming" means any computerized instructions which control the placement or the printing of candidates' names and ballot proposals on voting machines of a type approved after September first, nineteen hundred eighty-six.
 
 30. The term "ballot label programming data" means the names and ballot positions of candidates and ballot proposals stored on any computerized device through the use of ballot label programming.
 
 31. The term "resident vote tabulation programming" means the permanent computerized instructions which are built into any approved voting machine or equipment and which control the recordation, aggregation, tabulation, storage and printing of votes by any such machine or equipment.
 
 32. "General village election" means the annual or biennial election for village officers.
 
 33. "Special village election" means any election of village officers, other than the general village election.
 
 34. "Village primary" means any election held by a political party for the purpose of nominating candidates for elective village offices.
 
 35. The term "election" shall include a "general village election" or "special village election" except where a specific provision of this chapter may not be consistently applied to the village election procedure.
 
 36. "Name stamp" means any device which, when applied with ink or other permanent dye, can be used to imprint a person's name to a write-in ballot permanently.
 
 37. The term "inactive status" means a category of registered voters who have failed to respond to a residence confirmation notice provided for by section 5-712 of this chapter and whose registrations have neither been restored to the active registration rolls nor been cancelled pursuant to the provisions of this chapter.
 
 38. "Computer generated registration list" means a printed or electronic list of voters in alphabetical order for a single election district or poll site, generated from a computer registration file for each election and containing for each voter listed, a facsimile of the signature of the voter. Such a list may be in a single volume or in more than one volume. The list may be utilized in place of registration poll records, to establish a person's eligibility to vote in the polling place on election day.
 
 (a) The state board of elections shall promulgate minimum security standards for any electronic device, and any network or system to which the electronic device is connected, that is used to store or otherwise access a computer generated registration list, and shall also promulgate a list of devices that are approved for use. No local board of elections shall be permitted to use such a device unless the state board of elections has previously approved the device for use and has certified that the network or system to which the electronic device is connected is compliant with the minimum security standards.
 
 (b) The minimum security standards for such devices shall be commensurate with the level of security risk applicable to such devices and shall specifically take into account any security risk associated with voting equipment-related supply chains in addition to any other applicable security risk.
 
 (c) The state board of elections shall promulgate minimum redundancy procedures to ensure a list of registration records is available that provides necessary information in a compressed format to ensure voting continues if the electronic computer generated registration system becomes unavailable for any poll site or election district that utilizes such an electronic computer generated registration list.
 
 39. The term "name" for purposes of designating or nominating a candidate for public office or party position shall mean an individual's formal name or an alternate, anglicized, or familiar form of a name or nickname, notwithstanding the candidate's proper name as it appears on his or her voter registration form, provided that such name is demonstrated to be commonly used to identify the candidate in the candidate's community, does not include a descriptive term, and further provided that the use of such name is not intended to mislead or confuse potential signatories, and would not tend to confuse or mislead potential signatories, as to the candidate's identity.

§ 4-100. Election districts; creation and alteration. 

1. The State of New York shall be divided into election districts which shall be the basic political subdivision for purposes of registration and voting as provided in this chapter.
 
 2. The creation, consolidation, division or alteration of election districts shall be done by the board of elections.
 
 3. * a. Each election district shall be in compact form and may not be partly within and partly without a ward, town, city, a village which has five thousand or more inhabitants and is wholly within one town, or a county legislative, assembly, senatorial or congressional district. Except as provided in paragraph b of this subdivision, election district boundaries, other than those boundaries which are coterminous with the boundaries of those political subdivisions mentioned in this paragraph, must be streets, rivers, railroad lines or other permanent characteristics of the landscape which are clearly visible to any person without the need to use any technical or mechanical device. An election district shall contain not more than nine hundred fifty registrants (excluding registrants in inactive status) or, with the approval of the county board of elections, not more than two thousand registrants (excluding registrants in inactive status), but any election district may be divided for the convenience of the voters.
 
 * NB Effective until January 1, 2023
 
 * a. Each election district shall be in compact form and may not be partly within and partly without a ward, town, city, a village which has five thousand or more inhabitants and is wholly within one town, the contiguous property of a college or university which contains three hundred or more registrants who are registered to vote at any address on such contiguous property, or a county legislative, assembly, senatorial or congressional district. Except as provided in paragraph b of this subdivision, election district boundaries, other than those boundaries which are coterminous with the boundaries of those political subdivisions and college or university properties mentioned in this paragraph, must be streets, rivers, railroad lines or other permanent characteristics of the landscape which are clearly visible to any person without the need to use any technical or mechanical device. An election district shall contain not more than nine hundred fifty registrants (excluding registrants in inactive status) or, with the approval of the county board of elections, not more than two thousand registrants (excluding registrants in inactive status), but any election district may be divided for the convenience of the voters.
 
 * NB Effective January 1, 2023
 
 b. An election district in a city or town may divide a block, provided that the board of elections prepares an alphabetical list of all the streets in such city or town with the election district for each such street. If any such street is divided between two or more election districts, then such list must contain the lowest and highest street numbers in each such district and if the odd and even numbers on a street are in different districts, such list must contain separate listings for such odd and even numbers and if there are both odd and even numbers in such different election districts, such list must contain separate listings for such numbers. Copies of such lists shall be filed and kept open to public inspection in the offices of such board. One copy of each such list shall be delivered, upon request, to the state board of elections and to a person or officer designated jointly by the speaker of the assembly and the temporary president of the senate. Surplus copies shall be sold at cost.
 
 4. Any election district must be realigned when the total number of registrants, excluding registrants in inactive status, at the time of the preceding general election, exceeds the maximum number permitted by this section by at least fifty registered voters.
 
 5. Any creation, consolidation, division or alteration of election districts in any calendar year shall be made on or before February fifteenth, and shall take effect on April first, except that when required by the creation or alteration of a political subdivision, other than an election district, in which candidates are to be voted for at the next election, such creation, consolidation, division or alteration shall be made and shall take effect immediately upon creation or alteration of such political subdivision. No such creation, consolidation, division or alteration shall be made between February twentieth of a calendar year ending in seven and December first of a calendar year ending in zero unless required by the creation or alteration of a political subdivision.

§ 4-102. Maps; congressional, senatorial, assembly and election districts. 

1. The state board of elections, at the expense of the state, shall publish maps showing the county or counties contained in each of the congressional districts, senatorial districts and assembly districts of the state.
 
 2. Where a portion of a county is contained in any congressional, senatorial or assembly district, the state board shall publish a map showing the portion of such county contained in each such respective district. Such map or maps shall show the extreme boundaries of the portion of the county so contained, as described by the street boundary and shall have printed thereon the names of the streets or public ways bounding the district; provided however, that where the extreme boundary consists of the boundary line of any city, town or village, it shall be sufficient to so indicate, without showing or naming individual streets or public ways.
 
 3. The state board shall also publish three individual maps of each borough of the city of New York, which shall show all of the congressional districts or parts thereof, all of the senatorial districts or parts thereof, and all of the assembly districts or parts thereof contained in such borough. Each such map shall show the extreme boundaries of the districts to which it refers, as described in the street boundary and shall have printed thereon the names of the streets or public ways bounding the district.
 
 4. All such maps shall be to scale. Pertinent copies of such maps shall be filed and kept open to public inspection as follows: one in the office of the town or city clerk, except in the city of New York; one in the office of every board of elections, and each branch office, if any. Surplus copies if any, may be sold at cost and the proceeds remitted to the state board of elections. Whenever the boundaries of any congressional, senatorial, or assembly district are altered, the state board of elections shall publish revised copies of those maps affected by such boundary alteration and make the distribution required in this subdivision.
 
 5. a. A map or separate maps of uniform scale of election districts within a town or ward, or, in the city of New York and the county of Nassau, within an assembly district, wholly within such city or county or within that portion of any assembly district within such city or county, shall be made by the board or body creating or altering the districts so that the map or maps on file at any time will show the existing election districts in such town, ward, assembly district, or the appropriate portion of such assembly district.
 
 b. In a city, street corner numbers of the block or blocks defining the extreme boundaries of each election district shall be printed on the map or maps, within or outside the block line or lines, so as to show plainly the highest and lowest street numbers within the election district of every street bounding the district.
 
 c. Copies of such maps or descriptions shall be filed and kept open to public inspection as follows: one in the office of the town or city clerk, except in the city of New York; one in the office and each branch office, if any, of the board of elections.
 
 d. One copy of each map shall be delivered, upon request, to the state board of elections and to a person or officer designated jointly by the speaker of the assembly and the temporary president of the senate. Each time an election district boundary is changed a copy of the new map shall be sent to each such board, person or officer who has requested such maps. Surplus copies of maps of election districts in a city or town may be sold at cost and the proceeds paid to the county, city or town which incurred the expense of preparing the maps.
 
 6. In a town, after the creation or alteration of any election district therein, the board of elections shall furnish to the inspectors of election in each election district, on the first day of registration or election occurring after such change, a map or description showing such election district.

§ 5-213. Inactive status. 

1. When a voter is sent a confirmation notice pursuant to the provisions of this article, the voter's name shall be placed in inactive status.
 
 2. The registration poll records of all such voters shall be removed from the poll ledgers and maintained at the offices of the board of elections in a file arranged alphabetically by election district. If such board uses computer generated registration lists, the names of such voters shall not be placed on such lists at subsequent elections other than lists prepared pursuant to the provisions of section 5-612 of this article but shall be kept as a computer record at the offices of such board.
 
 3. The board of elections shall restore the registration of any such voter to active status if such voter notifies the board of elections that he resides at the address from which he is registered, or the board finds that such voter has validly signed a designating or nominating petition which states that he resides at such address, or if such voter casts a ballot in an affidavit envelope which states that he resides at such address, or if the board receives notice that such voter has voted in an election conducted with registration lists prepared pursuant to the provisions of section 5-612 of this article. If any such notification or information is received twenty days or more before a primary, special or general election, the voter's name must be restored to active status for such election.
 
 4. As soon as practicable, after it restores a voter's registration to active status, the board of elections shall send the voter, by first class forwardable mail, a notice advising him of the restoration in a form which is similar to the notice sent to new registrants pursuant to the provisions of section 5-210 of this title and which has been approved by the state board of elections.
 
 5. If the board of elections receives notice, which complies with the requirements of this article, that a voter in inactive status is residing at another address within the jurisdiction of such board, it shall transfer the registration and enrollment of such voter to such other address pursuant to the provisions of section 5-208 of this title.

§ 5-800. Electronic voter registration transmittal system. 

In addition to any other means of voter registration provided for by this chapter, the state board of elections shall establish and maintain an electronic voter registration transmittal system through which applicants may apply to register to vote online. The state board of elections shall electronically transmit such applications to the applicable board of elections of each county or the city of New York for filing, processing and verification consistent with this chapter. In accordance with technical specifications provided by the state board of elections, each board of elections shall maintain a voter registration system capable of receiving and processing voter registration application information, including electronic signatures, from the electronic voter registration transmittal system established by the state board of elections. Notwithstanding any other inconsistent provision of this chapter, applications filed using such system shall be considered filed with the applicable board of elections on the calendar date the application is initially transmitted by the voter through the electronic voter registration transmittal system.

§ 5-802. Online voter registration application. 

1. A voter shall be able to apply to register to vote using a personal online voter registration application submitted through the electronic voter registration transmittal system when the voter:
 
 (a) completes an electronic voter registration application promulgated by the state board of elections which shall include all of the voter registration information required by section 5-210 of this article; and
 
 (b) affirms, subject to penalty of perjury, by means of electronic or manual signature, that the information contained in the voter registration application is true and that the applicant meets all of the
 qualifications to become a registered voter; and
 
 (c) consents to the use of an electronic copy of the individual's manual signature that is in the custody of the department of motor vehicles, the state board of elections, or other agency designated by sections 5-211 or 5-212 of this article, as the individual's voter registration exemplar signature, or provides such a signature by direct upload in a manner that complies with the New York state electronic signature and records act and the rules and regulations promulgated by the state board of elections.
 
 2. The board of elections shall provide the personal online voter registration application in any language required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
 
 3. The online voter registration application process shall provide reasonable accommodations to improve accessibility for persons with disabilities, and shall be compatible for use with standard online
 accessibility assistance tools for persons with visual, physical or perceptive disabilities.
 
 4. The state board of elections shall promulgate rules and regulations for the creation and administration of an online voter registration system pursuant to this section.

§ 5-804. Failure to provide exemplar signature not to prevent registration. 

1. If a voter registration exemplar signature is not provided by an applicant who submits a voter registration application pursuant to this title, the local board shall seek to obtain such exemplar signature from the statewide voter registration database, the state board of elections, or a state or local agency designated by section 5-211 or 5-212 of this article.
 
 2. If such exemplar signature is not available from the statewide voter registration database, the state board of elections, or a state or local agency designated by section 5-211 or 5-212 of this article, the local board of elections shall, absent another reason to reject the application, proceed to register and, as applicable, enroll the applicant. Within ten days of such action, the board of elections shall send a standard form promulgated by the state board of elections to the voter whose record lacks an exemplar signature, requiring such voter to submit a signature for identification purposes. The voter shall submit to the board of elections a voter registration exemplar signature by any one of the following methods: in person, by mail with return postage paid provided by the board of elections, by electronic mail, or by electronic upload to the board of elections through the electronic voter registration transmittal system. If such voter does not provide the required exemplar signature, when the voter appears to vote the voter shall be entitled to vote by affidavit ballot. 

§ 4-104. Registration and polling places; designation of. 

1. Every board of elections shall, in consultation with each city, town and village, designate the polling places in each election district in which the meetings for the registration of voters, and for any election may be held. The board of trustees of each village in which general and special village elections conducted by the board of elections are held at a time other than the time of a general election shall submit such a list of polling places for such village elections to the board of elections. A polling place may be located in a building owned by a religious organization or used by it as a place of worship. If such a building is designated as a polling place, it shall not be required to be open for voter registration on any Saturday if this is contrary to the religious beliefs of the religious organization. In such a situation, the board of elections shall designate an alternate location to be used for voter registration. Such polling places must be designated by March fifteenth, of each year, and shall be effective for one year thereafter. Such a list required to be submitted by a village board of trustees must be submitted at least four months before each general village election and shall be effective until four months before the subsequent general village election. No place in which a business licensed to sell alcoholic beverages for on premises consumption is conducted on any day of local registration or of voting shall be so designated. If, within the discretion of the board of elections a particular polling place so designated is subsequently found to be unsuitable or unsafe or should circumstances arise that make a designated polling place unsuitable or unsafe, then the board of elections is empowered to select an alternative meeting place. In the city of New York, the board of elections shall designate such polling places and alternate registration places if the polling place cannot be used for voter registration on Saturdays.
 
 1-a. Each polling place shall be accessible to citizens with disabilities and comply with the accessibility guidelines of the Americans with Disabilities Act of 1990. The state board of elections shall publish and distribute to each board of elections with the power to designate poll sites, a concise, non-technical guide describing standards for poll site accessibility, including a polling site access survey instrument, in accordance with the Americans with Disabilities Act accessibility guidelines (ADAAG) and methods to comply with such standards. Such guide and procedures shall be developed in consultation with persons, groups or entities with knowledge about public access as the state board of elections shall determine appropriate.
 
 1-b. The county board of elections shall cause an access survey to be conducted for every polling site to verify substantial compliance with the accessibility standards cited in this section. Completed surveys shall be submitted to the state board of elections and kept on file as a public record by each county. Each polling site shall be evaluated prior to its designation or upon changes to the facility. A site designated as a polling place prior to the effective date of this subdivision shall be evaluated within two years of the effective date of this subdivision by an individual qualified to determine whether or not such site meets the existing state and federal accessibility standards. Any polling place deemed not to meet the existing accessibility standards must make necessary changes and/or modifications, or be moved to a verified accessible polling place within six months.
 
 1-c. The state board of elections shall promulgate any rules and regulations necessary to implement the provisions of this section.
 
 2. If the board of elections, after designating a polling place, and after sending written notice of such polling place to each registered voter, designates an alternative polling place, it must, at least five days before the next election or day for registration, send by mail a written notice to each registered voter notifying him of the changed location of such polling place. If such notice is not possible the board of elections must provide for an alternative form of notice to be given to voters at the location of the previous polling place.
 
 3. A building exempt from taxation shall be used whenever possible as a polling place if it is situated in the same or a contiguous election district, and may contain as many distinctly separate polling places as public convenience may require. The expense, if any, incidental to its use, shall be paid like the expense of other places of registration and voting. If a board or body empowered to designate polling places chooses a public school building for such purpose, the board or agency which controls such building must make available a room or rooms in such building which are suitable for registration and voting and which are as close as possible to a convenient entrance to such building and must make available any such room or rooms which the board or body designating such building determines are accessible to physically disabled voters as provided in subdivision one-a. Notwithstanding the provisions of any general, special or local law, if a board or body empowered to designate polling places chooses a publicly owned or leased building, other than a public school building, for such purposes the board or body which controls such building must make available a room or rooms in such building which are suitable for registration and voting and which are as close as possible to a convenient entrance to such building, and must make available any such room or rooms which the board or body designating such building determines are accessible to physically disabled voters unless, not later than thirty days after notice of its designation as a polling place, the board or body controlling such building, files a written request for a cancellation of such designation with the board or body empowered to designate polling places on such form as shall be provided by the board or body making such designation. The board or body empowered to so designate shall, within twenty days after such request is filed, determine whether the use of such building as a polling place would unreasonably interfere with the usual activities conducted in such building and upon such determination, may cancel such designation.
 
 3-a. Any person or entity which controls a building for which a tax exemption, tax abatement, subsidy, grant or loan for construction, renovation, rehabilitation or operation has been provided by any agency of the state or any political subdivision thereof on or after the effective date of this subdivision shall agree to make available for registration and voting purposes the room or rooms in such building which the board or body empowered to designate polling places determines are suitable for registration and voting, are accessible to physically disabled voters and are as close as possible to a convenient entrance to such building. Notwithstanding any other provision of law, any agency of the state or any political subdivision thereof may deny a tax exemption, tax abatement, subsidy, grant or loan for construction, renovation, rehabilitation or operation to a building which is otherwise eligible for such exemption, abatement, subsidy, grant or loan if the person or entity which controls such building refuses to agree to make available for registration and voting purposes the room or rooms in such building which the board or body empowered to designate polling places determines are suitable for registration and voting, are accessible to physically disabled voters and are as close as possible to a convenient entrance to such building. The provisions of this subdivision shall not apply to buildings used solely for residential purposes which contain twenty-five dwelling units or less.
 
 3-b. Any person or entity conducting any program, activity or service for which a loan, grant, contract, subsidy or reimbursement has been provided by any agency of the state or a political subdivision thereof on or after the effective date of this subdivision shall make available for registration and voting purposes the room or rooms under the control of such person or entity in a building in which such program, activity or service is conducted which the board or body empowered to designate polling places determines are suitable for registration and voting, are accessible to physically disabled voters and are as close as possible to a convenient entrance to such building. Any such person, organization or entity shall agree to facilitate the use of such room or rooms, to the maximum extent possible, by making efforts to obtain the permission and cooperation of any person or entity which controls the building in which such room or rooms are located. Notwithstanding any other provision of law, any agency of the state or any political subdivision thereof may deny a loan, grant, contract, subsidy or reimbursement to any such person or entity otherwise eligible for such loan, grant, contract, subsidy or reimbursement unless such person or entity agrees to make available for registration and voting purposes the room or rooms in such building which the board or body empowered to designate polling places determines are suitable for registration and voting, are accessible to physically disabled voters as provided in subdivision one-a of this section and are as close as possible to a convenient entrance to such building and agrees to facilitate the use of such room or rooms, to the maximum extent possible, by making efforts to obtain the permission and cooperation of any person or entity which controls the building in which such room or rooms are located.
 
 3-c. Notwithstanding the provisions of subdivisions three-a and three-b of this section, no person, board, agency, body or entity shall be required to make available for registration or voting by persons other than the residents of such building, any room or rooms in a building, other than a publicly owned building, which contains correctional, health, mental hygiene, day care, drug or addiction treatment, or emergency services or other services for the public safety, or in a building used for religious services.
 
 3-d. Notwithstanding any inconsistent provision of section 3-506 or section 4-134 of this chapter, and in the absence of a specific written agreement to the contrary, if the board or body empowered to designate polling places has authorized the use of a portable ramp, or ramp and platform, at a polling site for purposes of compliance with subdivision one-a of this section, the person or entity in control of a building or portion thereof in which such polling site is designated shall install, remove, store, and safeguard each such ramp, or ramp and platform, at such times and dates as may be required by the board or body empowered to designate polling places.
 
 4. Where an election district is so situated or the only facilities available therein are such that public convenience would be served by establishing a polling place outside such district, the board or body empowered by this chapter to establish election districts may designate a polling place in a contiguous district.
 
 4-a. Notwithstanding any conflicting provisions of this section, the common council of the city of Little Falls may adopt a resolution determining that there is no building within an election district within such city available and suitable for the meetings for the registration of voters or for any election, or that for reasons of efficiency or economy it is desirable to consolidate the polling places for two or more, or all districts, in such city, in one place, regardless of whether or not such district adjoins the district to which such meeting or polling place is moved, and there may be as many distinctly separate election districts lawfully located in the same building as public convenience may require. Such a resolution shall be subject to the approval of the county board of elections. Every such building chosen shall meet all other requirements of this section and all federal requirements for accessibility for the elderly and the disabled.
 
 5. (a) Whenever the number of voters eligible to vote in an election in any election district is less than one hundred, the polling place designated for such district may be the polling place of any other district which could properly be designated as the polling place of the first mentioned district pursuant to the provisions of this chapter, except that the polling place designated for any such district may be the polling place of any other district in such city or town provided that the distance from such first mentioned district to the polling place for such other district is not unreasonable pursuant to rules or regulations prescribed by the state board of elections and provided that the total number of persons eligible to vote in such other district in such election, including the persons eligible to vote in such first mentioned districts, is not more than five hundred. The inspectors of election and poll clerks, if any, of such other election district shall also act in all respects as the election officers for such first mentioned districts and no other inspectors shall be appointed to serve in or for such first mentioned districts. A separate poll ledger or computer generated registration list, separate voting machine or ballots and separate canvass of results shall be provided for such first mentioned districts, except that if the candidates and ballot proposals to be voted on by the voters of such districts are the same, the election districts shall be combined and shall constitute a single election district for that election. However, if the first mentioned district contains fewer than ten voters eligible to vote in such election, there shall be no limitation on the total number of persons eligible to vote in such combined district. If the polling place for any election district is moved for any election, pursuant to the provisions of this subdivision, the board of elections shall, not later than ten nor more than fifteen days before such election, mail, by first class mail, to each voter eligible to vote in such election district at such election, a notice setting forth the location of the polling place for such election and specifying that such location is for such election
 only.
 
 (b) Whenever the total number of voters eligible to vote in any primary or special election, in any two election districts whose polling places are regularly located in the same building, is less than four hundred, the board of elections may assign the inspectors of election of the election district which contains the greater number of such voters, to act also, in all respects, as the election officers of the other such election district and no other election officers shall be appointed to serve in or for such other election district at such primary or special election. A separate poll ledger or computer generated registration list, separate voting machine or ballots and separate canvass of results shall be provided for each such election district.
 
 (c) Whenever all the candidates to be voted upon at a primary election, except a primary election in the city of New York, or all the candidates and ballot proposals to be voted upon at a special election, or at a school board election conducted by the board of elections, or at a general election in the city of New York in a year in which there is no election for electors of president and vice-president of the United
 States or governor of the state or mayor of such city, by the voters of any two or more election districts whose polling places are regularly located in the same building are identical, the board of elections may combine such election districts for that election, provided that the total number of voters eligible to vote in any such combined election district does not exceed one thousand two hundred in a primary election or does not exceed two thousand in a special election or a general election in the city of New York.
 
 (d) Notwithstanding any other provision of this section, polling places designated for any one such election district that will be utilizing any voting machine or system certified for use in New York state pursuant to chapter one hundred eighty-one of the laws of two thousand five, may be the polling place of any other contiguous district or districts, provided the voting system used in such polling place produces separate and distinct vote totals for each election district voting in such polling place on such voting machine or system.
 
 * 5-a. Whenever a contiguous property of a college or university contains three hundred or more registrants who are registered to vote at any address on such contiguous property, the polling place designated for such registrants shall be on such contiguous property or at a nearby location recommended by the college or university and agreed to by the board of elections.
 
 * NB Effective July 8, 2022
 
 6. Each polling place designated, whenever practicable, shall be situated on the main or ground floor of the premises selected. It shall be of sufficient area to admit and comfortably accommodate voters in numbers consistent with the deployment of voting systems and privacy booths, pursuant to 9 NYCRR 6210.19. Such deployment of voting systems, election workers and election resources shall be in a sufficient number to accommodate the numbers of voters eligible to vote in such polling place.
 
 6-a. Each polling place designated, whenever practicable, shall be situated directly on a public transportation route.
 
 7. No polling place shall be located on premises owned or leased by a person holding public office or who is a candidate for public office at a primary or general election.
 
 8. Whenever the board of elections shall determine that there is no building within an election district available and suitable for the meetings for the registration of voters or for any election, or that for reasons of efficiency or economy it is desirable to consolidate such meetings of one or more districts in one place, such board may designate a building for such purpose in an adjoining district in the same village, city or town and there may be as many distinctly separate meetings or polling places lawfully located in the same building as public convenience may require. Wherever possible, public schools, fire houses, municipal buildings or other buildings exempt from taxation shall be designated for such meetings and polling places. Such a determination shall be made only after notice to the chairpersons of the county committees of all political parties and reasonable opportunity for them to be heard.

§ 5-208. Transfer of registration and enrollment. 

1. The board of elections shall transfer the registration and enrollment of any voter appearing on a statewide voter list pursuant to subdivision one of section 5-614 of this article for whom it receives a notice of change of address to another address in New York state, or for any voter who submits a ballot in an affidavit ballot envelope which sets forth such a new address. Such notices shall include, but not be limited to, notices received from any state agency which conducts a voter registration program pursuant to the provisions of sections 5-211 and 5-212 of this title, that the voter has notified such agency of a change of address in New York state unless the voter has indicated that such change of address is not for voter registration purposes, notices of change of address from the United States Postal Service through the National Change of Address System, any notices of a forwarding address on mail sent to a voter by the board of elections and returned by the postal service, national or state voter registration forms, confirmation mailing response cards, United States Postal Service notices to correspondents of change of address, applications for registration from persons already registered in New York state, or any other notices to correspondents sent to the board of elections by such voters.
 
 2. Upon receipt of such a notice, the board shall compare the signature (if any) and other information with the signature and other information on the registration record on file. If such signature and other information appears to be correct, the board shall change the address of the voter in all the records of such board.
 
 3. If such a notice is received at least twenty days before a primary, special or general election, such change of address must be completed before such election.
 
 4. If such application for registration from a voter already registered in New York state also reflects a change of enrollment, the board of elections shall treat such application as an application for change of enrollment pursuant to section 5-304 of this article.
 
 5. As soon as practicable, after it transfers a voter's registration, the board of elections shall send the voter, by forwardable first class or return postage guaranteed mail, a notice advising him of the transfer in a form which is similar to the notice sent to new registrants pursuant to the provisions of section 5-210 of this title and which has been approved by the state board of elections. If the notice of change of address did not contain the voter's signature, such notice shall include a postage paid return card, in a form prescribed by the state board of elections, on which the voter may notify the board of elections of any correction of address, together with a statement on such notice and on the return card that the voter should return such card only if the address to which the notice was sent is not the voter's current address.
 
 6. If a notice sent pursuant to subdivision five of this section is returned by the postal service as undeliverable and without a forwarding address, the board of elections shall return the registration of such voter to the original address, send such voter a confirmation notice pursuant to the provisions of subdivision one of section 5-712 of this title and place such voter in inactive status.
 
 7. The board of elections shall preserve such notices of change of address for as long as registration records are otherwise required to be preserved or, if the computer readable records maintained by the board of elections include a complete copy of such notice, the board shall reserve the original notice for a period of at least two years or such longer period as the state board of elections may require.
 
 8. If the board of elections receives notice of a change of address within New York state from, or with respect to, a person who it determines is not registered in New York state, it shall forthwith send such person a notice to that effect in a form approved by the state board of elections at the new address set forth in such notice of change of address, together with a voter registration form.
 
 9. The state board of elections shall promulgate regulations as to the procedures for transferring a voter from one county to another.

§ 5-210. Registration and enrollment and change of enrollment upon application. 

1. In addition to local registration and veterans' absentee registration as provided in this chapter, any qualified person may apply personally for registration and enrollment, change of enrollment by mail or by appearing at the board of elections on any day, except a day of election, during the hours that such board of elections is open for business.
 
 2. (a) Application forms for use pursuant to this section shall be furnished by a county board of elections to any person requesting such form. Application forms sent outside of the United States to a country other than Canada or Mexico, shall be sent airmail. Each county board of elections shall also cause such application forms to be as widely and freely distributed as possible.
 
 (b) The board of elections shall mail an application for registration by mail and information on how the person may re-register to each person for whom it receives notice pursuant to the provisions of subdivision four of section 5-402 of this article that such person has moved into such city or county unless such person is already registered from the address listed in such notice.
 
 3. Completed application forms, when received by any board of elections and, with respect to application forms promulgated by the federal election commission, when received by the state board of elections, or showing a dated cancellation mark of the United States Postal Service or contained in an envelope showing such a dated cancellation mark which is not later than the twenty-fifth day before the next ensuing primary, general or special election, and received no later than the twentieth day before such election, or delivered in person to such board of elections not later than the tenth day before a special election, shall entitle the applicant to vote in such election, if he or she is otherwise qualified, provided, however, such applicant shall not vote on a voting machine until his or her identity is verified. Any board of elections receiving an application form from a person who does not reside in its jurisdiction but who does reside elsewhere in the state of New York, shall forthwith forward such application form to the proper board of elections. Each board of elections shall make an entry on each such form of the date it is received by such board.
 
 * 4. Any qualified person who has been honorably discharged from the military after the twenty-fifth day before a general election, or who has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from the military after the twenty-fifth day before a general election, or who is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from the military after the twenty-fifth day before a general election, or who has become a naturalized citizen after the twenty-fifth day before a general election may personally register at the board of elections in the county of his or her residence and vote in the general election held at least ten days after such registration.
 
 * NB Effective until April 1, 2023
 
 * 4. Any qualified person who has been honorably discharged from the military after the twenty-fifth day before a general election, or who has a qualifying condition, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from the military after the twenty-fifth day before a general election, or who is a discharged LGBT veteran, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from the military after the twenty-fifth day before a general election, or who has become a naturalized citizen after the twenty-fifth day before a general election may personally register at the board of elections in the county of his or her residence and vote in the general election held at least ten days after such registration.
 
 * NB Effective April 1, 2023
 
 5. Statewide application forms shall be designed by the state board of elections, which shall conform to the requirements for the national voter registration form in the rules and regulations promulgated by the federal election commission and the federal Help America Vote Act, and shall elicit the information required for the registration poll record. The form shall include such other information as the state board of elections may reasonably require to enable the board of elections to assess the eligibility of the applicant and to administer voter registration and other parts of the election process and shall also include the following information:
 
 (a) Notice that those voters currently registered do not need to reregister unless they have moved outside of the city or county in which they were registered.
 
 (b) Instructions on how to fill out and submit the form and that the form must be received by any county board of elections at least twenty-five days prior to the election at which the applicant may vote.
 
 (c) Notice that registration and enrollment is not complete until the form is received by the appropriate county board of elections.
 
 (d) Notice of a voter's right to register locally.
 
 (e) A warning that it is a crime to procure a false registration or to furnish false information to the board of elections.
 
 (f) Notice that political party enrollment is optional but that, in order to vote in a primary election of a political party, a voter must enroll in that political party, unless state party rules allow otherwise.
 
 (g) Notice that the applicant must be a citizen of the United States, is at least sixteen years old when he or she submits an application to register to vote which will be effective for elections occurring on or after the applicant turns eighteen years of age and a resident of the county or city to which application is made.
 
 (h) Notice that a voter notification form will be mailed to each applicant whose completed form is received.
 
 (i) The telephone number of the county board of elections and a toll free number at the state board of elections that can be called for answers to registration questions.
 
 (j) A space for the applicant to indicate whether or not the voter is willing to serve on election day for a board of elections as an election inspector, poll clerk, interpreter or in other capacities.
 
 (k) The form shall also include space for the following information, which must be contained on the inside of the form after it is folded for mailing:
 
 (i) A space for the applicant to indicate whether or not he or she has ever voted or registered to vote before and, if so, the approximate year in which such applicant last voted or registered and his or her name and address at the time.
 
 (ii) The name and residence address of the applicant including the zip code and apartment number, if any.
 
 (iii) A space for the furnishing of an e-mail address, the furnishing of which shall be optional, together with a notice stating that if an e-mail address is furnished, all notices and communications otherwise required to be sent by the state board of elections to the voter by postal mail shall be sent by e-mail in addition to postal mail. County boards of elections and the board of elections of the city of New York shall have the option of sending notices and communications otherwise required to be sent to the voter by postal mail by e-mail in addition to postal mail if the voter furnishes an email address.
 
 (iv) The date of birth of the applicant.
 
 (v) A space for the applicant to indicate his or her driver's license or department of motor vehicles non-driver photo ID number or the last four digits of his or her social security number or, if the applicant does not have either such number, a space for the applicant to indicate he or she does not have either.
 
 (vi) A space for the applicant to indicate whether or not he or she is a citizen of the United States and the statement "If you checked "no" in response to this question, do not complete this form."
 
 (vii) A space for the applicant to answer the question "Will you be 18 years of age on or before election day?" and the statement "If you checked "no" in response to this question, do not complete this form unless you will be 18 by the end of the year."
 
 (viii) A statement informing the applicant that if the form is submitted by mail and the applicant is registering for the first time, certain information or documents must be submitted with the mail-in registration form in order to avoid additional identification requirements upon voting for the first time. Such information and documents are:
 
 (A) a driver's license or department of motor vehicles non-driver photo ID number; or
 
 (B) the last four digits of the individual's social security number; or
 
 (C) a copy of a current and valid photo identification; or
 
 (D) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter.
 
 (ix) The gender of the applicant (optional).
 
 (x) A space for the applicant to indicate his or her choice of party enrollment, with a clear alternative provided for the applicant to decline to affiliate with any party.
 
 (xi) The telephone number of the applicant (optional).
 
 (xii) A place for the applicant to execute the form on a line which is clearly labeled "signature of applicant" preceded by the following specific form of affirmation:
 
 AFFIDAVIT: I swear or affirm that:
 
 * I am a citizen of the United States.
 
 * I will have lived in the county, city, or village for at least 30 days before the election.
 
 * I meet all the requirements to register to vote in New York State.
 
 * This is my signature or mark on the line below.
 
 * All the information contained on this application is true. I understand that if it is not true I can be convicted and fined up to $5,000 and/or jailed for up to four years. which form of affirmation shall be followed by a space for the date and the aforementioned line for the applicant's signature.
 
 (xiii) A space for the applicant to register in the New York state donate life registry for organ and tissue donations established pursuant to section forty-three hundred ten of the public health law.
 
 (l) The mail voter registration application form developed by the federal election commission pursuant to the provisions of section nine of the National Voter Registration Act of 1993 42 USC 1973gg-7 shall be deemed to meet the requirements of this section. Any application for registration received on such an application form shall be accepted if the applicant is otherwise eligible to register to vote pursuant to the provisions of this article. A voter whose registration is accepted pursuant to the provisions of this paragraph shall be permitted to furnish an e-mail address to the board of elections, which furnishing shall carry the same notice and have the same effect as provided by subparagraph (iii) of paragraph (k) of this subdivision.
 
 (m) The form of affidavit prescribed by the state board of elections for requests for affidavit ballot pursuant to subdivision three of section 8-302 of this chapter shall be deemed to meet the requirements of this section. Any application for registration received on the form of affidavit shall be accepted if the applicant is otherwise eligible to register to vote pursuant to the provisions of this article, however the failure to complete the voter registration application appearing on such affidavit envelope shall not otherwise invalidate the affidavit ballot.
 
 6. A person who willfully makes a material false statement in any application for registration and enrollment and/or transfer of registration and enrollment or special enrollment by mail, or who knowingly makes a false affirmation, or who offers or attempts to offer any application for registration and enrollment or transfer of registration and enrollment or special enrollment knowing that the applicant is not qualified to register or enroll, or transfer his or her registration and enrollment or to specially enroll, shall be guilty of a class E felony.
 
 7. Each county board of elections shall deliver a sufficient number of such uniform statewide application forms to each local post office within its county and keep such post office so supplied, with the request that the postmaster thereof make them available to the public for its use in participating in the electoral process.
 
 8. Upon its receipt by the county board of elections, each application form shall be reviewed and examined by such board. If the application shall contain substantially all the required information indicating that the applicant is legally qualified to register and/or enroll as stated in his or her application, the county board of elections shall transfer all information on such application to the appropriate registration records. If requested by any member of the board, the application form of any voter, or group of voters, must be reviewed and examined by two such board members or two employees of the board representing different political parties. Such members or employees shall place their initials or other identifying information on the registration poll record of such voter or on a computer generated list of such registrations. Such lists shall be preserved in the same manner, and for the same time, as such registration poll records. If the application indicates that the voter does not have a driver's license or department of motor vehicles non-driver photo ID number or a social security number, the state board of elections shall, upon the transmission of voter information to the statewide voter registration list as required by section 5-614 of this article, assign such voter a unique identifier.
 
 9. The county board of elections shall, promptly and in any event, not later than twenty-one days after receipt by it of the application, verify the identity of the applicant. In order to do so, the county board of elections shall utilize the information provided in the application and shall attempt to verify such information with the information provided by the department of motor vehicles, social security administration and any other lawful available information source. If the county board of elections is unable to verify the identity of the applicant within twenty-one days of the receipt of the application, it shall immediately take steps to confirm that the information provided by the applicant was accurately utilized by such county board of elections, was accurately verified with other information sources and that no data entry error, or other similar type of error, occurred. Following completion of the preceding steps, the county board of elections shall mail (a) a notice of its approval, (b) a notice of its approval which includes an indication that such board has not yet been able to verify the identity of the applicant and a request for more information so that such verification may be completed, or (c) a notice of its rejection of the application to the applicant in a form approved by the state board of elections. Notices of approval, notices of approval with requests for more information or notices of rejection shall be sent by nonforwardable first class or return postage guaranteed mail on which is endorsed such language designated by the state board of elections to ensure postal authorities do not forward such mail but return it to the board of elections with forwarding information, when it cannot be delivered as addressed and which contains a request that any such mail received for persons not residing at the address be dropped back in the mail. The voter's registration and enrollment shall be complete upon receipt of the application by the appropriate county board of elections. The failure of a county board of elections to verify an applicant's identity shall not be the basis for the rejection of a voter's application, provided, however, that such verification failure shall be the basis for requiring county board of elections to take the additional verification steps provided by this chapter. The notice shall also advise the registrant of the date when his registration and enrollment is effective, of the date and the hours of the next regularly scheduled primary or general election in which he will be eligible to vote, of the location of the polling place of the election district in which he is or will be a qualified voter, whether such polling place is accessible to physically handicapped voters, an indication that physically handicapped voters or voters who are ill or voters who will be out of the city or county on the day of the primary or general election, may obtain an absentee ballot and the phone number to call for absentee ballot applications, the phone numbers to call for location of polling places, to obtain registration forms and the phone number to call to indicate that the voter is willing to serve on election day as an inspector, poll clerk or interpreter. The notice of approval, notice of approval with request for more information or notice of rejection shall also advise the applicant to notify the board of elections if there is any inaccuracy. The form of such mail notification shall be prescribed by the state board of elections and shall contain such other information and instructions as it may reasonably require to carry out the purposes of this section. The request for more information shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If such notice is returned undelivered without a new address, the board shall forthwith send such applicant a confirmation notice pursuant to the provisions of section 5-712 of this article and place such applicant in inactive status. The state board of elections shall prepare uniform notices by this section as provided for in subdivision eight of section 3-102 of this chapter.
 
 10. If the board of elections has been unable to verify the identity of the applicant within forty-five days of the application, the board shall mail a second request for more information to the applicant. This notice shall inform the voter that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND CORRECT ANY INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMATION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO CAST A VOTE ON A VOTING MACHINE." If the board of elections remains unable to verify the identity of the voter it shall so indicate with a notation next to the voter's name in the registration list. Such a voter may provide information to assist the county board to verify his or her identity at any time and such notation shall be removed by the board of elections upon such verification.
 
 11. If the county board of elections suspects or believes that for any reason the applicant is not entitled to registration and enrollment, it shall make inquiry in reference thereto. If the board of elections shall find that the applicant is not qualified to register and enroll, the application shall be rejected and the applicant notified of such rejection and the reason therefor, no later than ten days before the day of the first primary or general election occurring at least twenty-five days after the filing of the application.
 
 12. Whenever the county board of elections is not satisfied from an examination of an application for registration and enrollment, or after its initial inquiry, that the applicant is entitled to such registration or enrollment, it may order an investigation through any officer or employee of the state or county board of elections, police officer, sheriff or deputy sheriff.
 
 13. An affidavit or a signed statement by any officer or employee of the state or county board of elections or any police officer, sheriff or deputy sheriff, that such person visited the premises claimed by the applicant as his or her residence and interrogated an incarcerated individual, house-dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to such applicant's residence therein or thereat, and that he or she was informed by one or more such persons, naming them, that they knew the persons residing upon such premises and that the applicant did not reside upon such premises as set forth in his or her application, shall be sufficient authority for a determination by the board that the applicant is not entitled to registration or enrollment; but this provision shall not preclude the board from making such other determination, as the result of other inquiry, as it may deem appropriate.
 
 14. Notwithstanding the entry by the county board of elections on the registration poll record of the information contained on an application form prescribed by this section, such entry shall not preclude the county board of elections from subsequently rejecting the application if it is not satisfied that the applicant is entitled to register and enroll as provided by this section, provided that the applicant is notified of such rejection and reasons therefor no later than ten days before the day of the first primary or general election occurring at least twenty-five days after the filing of such application form.
 
 15. a. The county board of elections shall keep a record of applications for registration as they are received and at least once each month, shall, upon request of the chairman of a political party in the county, give such chairman a complete list of the persons whose applications were approved together with their addresses and telephone numbers, and their election and assembly districts or wards, if any.
 
 b. Not more than four times a year, on dates determined by the state board of elections, the county board of elections shall send to the chairman of each political party in the county a complete list of the persons whose applications were approved together with their addresses, their election and assembly districts or wards, if any, their party enrollments and an indication of whether such persons are eligible to- vote in the primary elections to be held in that calendar year. Not more than twice a year, in even numbered years, on dates determined by the state board of elections, the county board of elections shall send a copy of such list to the state board of elections. In counties of over one hundred thousand population, each such list shall be, and in other counties each such list may be, cumulative and include the names of all such persons whose names do not appear in the annual enrollment lists last published by such board of elections, together with an indication of which such names did not appear on the previous list. Such lists may also include the names of those persons whose names do appear in the annual enrollment lists. Such lists shall be arranged in the same manner as the annual enrollment lists. Additional copies of such lists shall be available to the public at a charge not exceeding the cost of publication or reproduction.

§ 5-215. Veterans' absentee registration. 

1. The board of elections in the county in which a veterans' hospital is located shall appoint a board of registration which shall attend each veterans' hospital between the hours of nine o'clock in the morning and five o'clock in the evening on the seventh Thursday before each general election and, in the event that it be necessary for the completion of its duties, on the seventh Friday before such election except that if any of the religious holidays of Yom Kippur, Rosh Hashanah, Simchas Torah, Shmini Atzereth or Succoth shall fall on such days, such registration shall be held on the next regular business day which does not fall on any of such religious holidays, and shall receive from residents or patients therein, or their spouses, parents and children, the applications of such of them as desire and are qualified to be registered by absentee registration.
 
 2. After the applicant completes and signs the application, or has it signed for him, it shall be deposited by or for him in an envelope and sealed. Before receiving the next application the board shall address the envelope to the board of elections in the county where the applicant resides and note upon a form provided for such purpose the date of the application, the name and residence address of the applicant and the name of the hospital at which the application was received.
 
 3. At the end of each day each member of such board shall sign the form containing the list of applicants with their names and addresses and they shall, no later than the next day, return the list and the sealed envelopes to the board of elections in the county where such hospital is located.
 
 4. The board of elections upon receipt of such applications shall immediately mail those applications that are addressed to another board of elections and shall process those applications addressed to it.
 
 5. If a veterans health administration hospital in which any veteran entitled to vote in this state is a resident or patient, is located outside the State of New York, an application for an absentee ballot signed by such veteran or his or her spouse, parent or child accompanying or being with him or her, if a qualified voter and a resident of the same election district, shall constitute permanent personal registration.
 
 6. All applications made and received pursuant to this section shall be processed in the manner provided herein for personal registration by mail.
 
 7. The cost incurred by the county in which such veterans' hospital is located, for the registration of voters as herein provided, may be apportioned to the counties in which such voters reside in proportion to the number of applicants for such registration residing in such counties.
 
 8. The board of elections shall not be required to send a board of central registration to each veterans' hospital in such county, pursuant to the provisions of this section, if, in lieu thereof, it shall provide such hospital with mail registration application forms in sufficient quantity so that each resident or patient of such hospital who wishes to register will be able to do so. A complete application received from a
 resident or patient whose residence is in a county other than the county in which the hospital is located shall be immediately transmitted to the appropriate board of elections. 

§ 5-507. Voter pre-registration and education on voter pre-registration. 

1. Pre-registration. A person who is at least sixteen years of age and who is otherwise qualified to register to vote may pre-register to vote, and shall be automatically registered upon reaching the age of eligibility as provided by this chapter.
 
 2. Encouragement of student voter registration and pre-registration. Local boards of education are required to adopt policies to promote student voter registration and pre-registration. These policies may include collaboration with county boards of elections to conduct voter registration and pre-registration in high schools. Completion and submission of voter registration or pre-registration forms shall not be a course requirement or graded assignment for students.

§ 5-202. Local registration; provision for. 

1. The board of inspectors for every election district shall meet for the purpose of taking the registration of voters not earlier than the sixth Saturday or later than the fourth Saturday before each general election. During such period, in the city of New York and in counties having a population of three hundred thousand or more, the board shall hold two meetings each year, including at least one on a Saturday. During such period, in all other counties, the board shall hold one meeting each year, on a Saturday, except that in years in which a president of the United States is to be elected, the board shall hold two such meetings, including at least one on a Saturday. If the polling place of an election district is located in a building owned by a religious organization or used by it as a place of worship, the building will not be required to be open for voter registration on any Saturday if this is contrary to the religious beliefs of the religious organization. The dates of such meetings and any additional meetings that the board of elections may, in its discretion, direct to be held shall be determined by the board of elections except that no such meeting shall be held on the religious holidays of Yom Kippur, Rosh Hashana, Simchas Torah, Shmini Atzereth or Succoth. The board of elections shall also determine the hours for conducting all such meetings, provided, however, that there shall be not less than seven consecutive hours for registration on a Saturday and not less than three and one-half consecutive hours on any other meeting day. The days and hours of registration shall be uniform throughout the county and in the city of New York throughout the city, and meetings shall begin not earlier than six o'clock in the morning and continue not later than half-past ten o'clock in the evening and no Saturday meeting shall end before nine o'clock in the evening.
 
 2. Local registration shall always be received by two members of the local board of inspectors, representing respectively the two political parties as provided herein for the appointment of inspectors.
 
 3. The last day of local registration shall be uniform throughout the state and such registration day shall be designated by the state board of elections not later than the first day of June preceding the general election in each year. Such statewide registration day shall be one of the registration days hereinabove provided in this section, provided, however, that in any year in which presidential and vice-presidential electors are to be elected such day shall not be more than thirty days before the general election. If the polling place of an election district is located in a building owned by a religious organization or used by it as a place of worship, the building will not be required to be open for voter registration on a Saturday if this is contrary to the religious beliefs of the religious organization.
 
 4. Each board of elections shall make and file in its office and with the state board of elections a determination as to the dates and hours for local registration not later than the tenth day of July next preceding the general election in each year, and shall publish such dates and hours at least once in the two week period preceding the first day of such registration. Such publication shall be in two newspapers published within the county. If the county contains a city or cities, at least one of such newspapers shall be published in the city, or the largest city, if there be more than one.
 
 5. Notwithstanding any inconsistent provision of this chapter, in any year the board of elections may provide that a single place and a single board of inspectors shall be used for taking the local registration of two or more election districts provided that such board shall find that more than one-half the anticipated registrants in such districts are already registered permanently. In cities, notice of such action shall be published with the list of registration places as provided in this chapter. In towns, the board of elections shall cause notice of such action with the location of the registration place designated for such election district to be posted in five conspicuous public places within each affected election district or to be published in the manner provided by this chapter for the optional publication of places of registration. In all cases where notice is given by publication, the board of elections shall cause notice of such action, with the location of the registration place designated for such election district to be posted, on the days of registration, at the entrance to the regular polling place for each affected election district.
 
 6. Notwithstanding any provision of law to the contrary, any board of elections, and in the city of New York, the board of elections of the city of New York, may, by resolution adopted not later than the first day of July in any year, except a year in which presidential and vice presidential electors are to be elected, provide that no meeting for local registration shall be held in the county or the city of New York. If a board of elections or the board of elections of the city of New York adopts a resolution eliminating meetings for local registration, such resolution shall remain in effect for such year and each succeeding year, except years in which presidential and vice presidential electors are to be elected, unless it is thereafter repealed by a resolution adopted at least sixty days prior to the first day for holding local registrations as provided for under the provisions of this article.

§ 5-204. Local registration; general provisions for the conduct of.


 1. At the opening of each place of registration on each day of local registration the board of inspectors shall:
 
 a. See that the American flag is displayed.
 
 b. Cause the election district map or maps, or certified description thereof, to be posted conspicuously in the registration place.
 
 c. Check to see that all necessary supplies are available in order to properly conduct registration.
 
 d. Affix or attach to their clothing the proper identification, buttons, badges or emblems issued by the board of elections pursuant to the provisions of this chapter. They shall wear no other buttons, badges or emblems which are similar in design.
 
 3. a. The inspectors of election in receiving registrations shall, by printing in ink, fill out the registration poll record and the central file registration record.
 
 b. If the applicant's name does not appear on the list of registered voters and if the applicant is not challenged, and he is found by the inspectors of election to be otherwise qualified, they shall complete his registration as provided herein.
 
 c. If the person's name appears on the list of registered voters and he is residing at the same address as set forth therein, his registration shall be refused as unnecessary.
 
 d. If the applicant's name appears on the list of cancelled registrations, the inspectors of election shall ascertain from such list the reason for cancellation, and if satisfied that the reason for cancellation no longer exists shall register the applicant.
 
 e. If the inspectors of election shall refuse to receive a registration for any reason, they need not complete the registration records. They, however, shall enter the applicant's name and address on the applicant's records, shall mark the word "Refused", and insert the reason for such refusal in the remarks section on each of such registration records. In any such case, they shall inform the applicant of such reason, and advise the applicant of his right to appeal to the board of elections for review of its decision.
 
 f. If an applicant is challenged after the inspectors of election have commenced to take his registration and if such applicant refuses to take the challenge oath as prescribed by this article, or to answer a question appearing on the challenge affidavit, they shall not complete his registration and shall insert in the remarks section of his registration records the words "Challenge Oath Refused" or "Challenge Question Not Answered".
 
 g. After completing the registration forms the inspectors of election shall require the applicant to sign the two registration records in the spaces provided for his signature at the time of registration.
 
 h. After securing the voter's signatures, the two inspectors by whom the registration is taken shall sign the records in the spaces provided.
 
 k. If an applicant has removed from his residence but is still eligible to vote from that address for a reason enumerated in this chapter, the inspectors shall require him to execute a statement of temporary absence.
 
 l. If an applicant for registration presents a court order directing that he be registered, the board shall register him, enter the words "Court Order" in the remarks space on the face of each of his registration records, write his new registration serial number on the top of the first page of such order and return such order to the board of election with the executed certificates and forms.
 
 4. The inspectors shall distribute to the voters applying for registration copies of the ballot proposals to be submitted to the voters at the ensuing election.
 
 5. An inspector shall not remove or permit to be removed any registration record or blank from the locked ledger in which it is filed or to insert or permit to be inserted any such record or blank in such ledger. If a registration record blank is mutilated or voided or for any reason cannot be used, the board shall mark "Void" across the face of such blank and the blank of the same number in the other ledger of the same set.
 
 6. The map or maps furnished in cities shall be posted in the polling place on the days of local registration.
 
 7. There shall be no smoking in any place of registration in a church or school.
 
 8. The inspectors shall act as a board and a majority of them shall decide questions.
 
 9. While the polls are open no person shall do any electioneering within the polling place, or within a one hundred foot radial measured from the entrances, designated by the inspectors of election, to a building where the registration is being conducted. No political banner, poster or placard shall be allowed in or upon the place of registration during any day of registration. Where an oath is required or permitted by this article at any meeting for registration, any inspector may administer it. The inspectors, and each of them, shall preserve good order within and around the place of registration and keep access thereto unobstructed. The board or any member thereof by order in writing may direct the arrest of any person refusing to obey the lawful commands of the inspectors, or guilty of disorderly conduct disturbing their proceedings, or violating, or attempting to violate, any of the provisions of this chapter. Any police officer or peace officer, who is acting pursuant to his special duties, or any person designated by the board shall execute the order.
 
 10. Persons entitled to register who are on line, or in the polling place, at or before the time fixed by law for closing of registration, shall be allowed to register.

§ 5-100. Registration; required. 

A person shall not be entitled to vote in any election held pursuant to this chapter unless he shall be registered, and if required, enrolled pursuant to the provisions of this article unless he shall present a court order directing that he be permitted to vote at such election. Where a specific provision of law relating to the registration of voters exists in any other statute, which is inconsistent with the provisions of this article, such provision shall apply and the provisions of this article not inconsistent therewith shall apply.

§ 5-102. Qualifications of voters; age and residence. 

1. No person shall be qualified to register for and vote at any election unless he is a citizen of the United States and is or will be, on the day of such election, eighteen years of age or over, and a resident of this state and of the county, city or village for a minimum of thirty days next preceding such election.
 
 2. The provisions herein with respect to a durational residency requirement for purposes of qualifying to vote shall not prohibit United States citizens otherwise qualified, from voting for president and vice president of the United States.

§ 5-104. Qualifications of voters; residence, gaining or losing. 

1. For the purpose of registering and voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any institution of learning; nor while kept at any welfare institution, asylum or other institution wholly or partly supported at public expense or by charity; nor while confined in any public prison.
 
 2. In determining a voter's qualification to register and vote, the board to which such application is made shall consider, in addition to the applicant's expressed intent, his conduct and all attendant surrounding circumstances relating thereto. The board taking such registration may consider the applicant's financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property
 registration, and other such factors that it may reasonably deem necessary to determine the qualification of an applicant to vote in an election district within its jurisdiction. The decision of a board to which such application is made shall be presumptive evidence of a person's residence for voting purposes.

§ 5-106. Qualifications of voters; reasons for exclusion.
 
1. No person who shall receive, accept, or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or any other valuable thing as a compensation or reward for the giving or withholding a vote at an election, or for registering or refraining from registering as a voter, or who shall make any promise to influence the giving or withholding of any such vote or registration, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of an election, shall vote at such election.
 
2. No person who has been convicted of a felony and sentenced to a period of imprisonment for such felony pursuant to the laws of this state, shall have the right to register for or vote at any election while he or she is incarcerated for such felony.
 
3. No person who has been convicted in a federal court, of a felony, or a crime or offense which would constitute a felony under the laws of this state, and sentenced to a period of imprisonment for such felony, shall have the right to register for or vote at any election while he or she is incarcerated for such felony.
 
4. No person who has been convicted in another state for a crime or offense which would constitute a felony under the laws of this state and sentenced to a period of imprisonment for such felony, shall have the right to register for or vote at any election in this state while he or she is incarcerated for such felony.
 
5. The provisions of subdivisions two, three and four of this section shall not apply if the person so convicted is not sentenced to either death or imprisonment, or if the execution of a sentence of imprisonment is suspended.
 
6. No person who has been adjudged incompetent by order of a court of competent judicial authority shall have the right to register for or vote at any election in this state unless thereafter he shall have been adjudged competent pursuant to law.