§ 171. Duplicate book of challenge affidavits. Derivation: Election Law, § 34, pt. of subd. 6, as amended by L. 1899, ch. 630, § 8; L. 1901, ch. 544, § 1. Amended by L. 1911, ch. 649, and repealed by L. 1914, ch. 244, in effect Apr. 8, 1914. 172. Disposition of challenge affidavits. At the close of the last day of registration the inspectors shall file the book of stubs and unused challenge affidavits with the officer from whom it was received by the inspectors and such officer shall preserve it in his office. The officer or board with whom the original challenge affidavits or copies thereof are filed may destroy the same six months after the date of the election for which they were made, except those which are to be used in any criminal prosecution. Derivation: Election Law, § 34, pt. of subd. 6, as amended by L. 1899, ch. 630, § 8; L. 1901, ch. 544, § 1. Consolidators' note. In the "old" law, the first sentence of this section followed (with one sentence between) what is now section 170. The second sentence was the last sentence of the old subdivision. $173. Entry requiring challenge by inspectors. If, at a meeting of the board of inspectors for registration, any voter shall, upon oath, declare that he has reason to believe that any person on the register of voters will not be qualified to vote at the election for which the registration is made, the board of inspectors shall place the words " to be challenged " opposite the name of such person, and when such person shall offer his vote at such election, the general oath as to qualifications shall be administered to him, and if he shall refuse to take such oath he shall not be permitted. to vote. Derivation: Election Law, § 34, subd. 7. Forms.As to form of oath for record of challenge, see Forms (part 12, post). As to preliminary and general oath required of voter challenged, see Election Law, §§ 362-363. Power of board to determine question of residence. Where a voter has complied with all the statutory requirements as to registering, the board of registry cannot determine a contested question of fact as to the residence of such voter. Matter of Ward, (1892) 29 Abb. N. C. 187, 48 N. Y. St. Rep. 613, 20 N. Y. Supp. 606. § 174. Production of naturalization papers. It shall be the duty of every naturalized citizen before being registered to produce to the inspectors, if any inspector shall require, his naturalization papers or a certified copy thereof for their inspection, and to make oath before them that he is the person purporting to have been naturalized by the papers so produced, unless such citizen was naturalized previous to the year eighteen hundred and sixty-seven. If, however, such naturalized citizen I can not for any reason produce his naturalization papers, or a certified copy thereof, the board of inspectors, or a majority of such board may place the name of such naturalized citizen upon the register of voters upon his furnishing to such board evidence which shall satisfy such board of his right to be registered. Derivation: Election Law, § 34, subd. 8, as amended by L. 1905, ch. 675, § 5. Cross References. --Procuring or presenting fraudulent certificates of naturalization in order to vote. Penal Law, §§ 777, 778 (part 5, post). Production of secondary evidence. If a party applying for registration has his naturalization papers in his possession he should produce them; but if they cannot be found, secondary evidence of their contents must be received. People ex rel. Noel v. Smith, (1894) 10 Misc. 100, 31 N. Y. Supp. 199. Inability to produce the naturalization papers of his parents will not lose to a person his right of proving his citizenship before a board of registry by secondary evidence. The person's own oath in the absence of impeaching testimony makes out a prima facie case. People ex rel. O'Donnell v. McNally, (1880) 59 How. Pr. 500. A judgment of naturalization by a court of competent jurisdiction cannot be attacked or impeached collaterally by a board of inspectors. People ex rel. Christern v. Walsh, (1880) 9 Abb. N. C. 465. § 175. Persons excluded from the suffrage. No person who shall receive, accept, or offer to receive, or pay, offer or promise to pay, contribute, offer or promise to contibute 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 pomise to influence the giving or withholding 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. No person who has been convicted of a felony shall have the right to register for or vote at any election unless he shall have been pardoned and restored to the rights of citizenship. Derivation: Election Law, § 34, subd. 10, as added by L. 1901, ch. 654, § 2. Cross-References. As to qualifications of voters and exclusion from right of suffrage, see Election Law, § 162, and note thereunder. Suspension of sentence. - A person against whom sentence has been suspended after verdict has not been convicted of an infamous crime within the meaning of the Constitution or the statutes enacted in pursuance thereof, and is not liable to indictment for voting at an election. People v. Fabian, (1908) 192 N. Y. 443, 82 N. E. Rep. 672, rev'g 126 App. Div. 89, 111 N. Y. Supp. 140. Restoration to citizenship. - Felon must be restored to citizenship before he can vote. Report of Atty.-Gen., (1905) 531. Alien minor convicted of felony must be restored to citizenship before he can become a naturalized citizen. Report of Atty. Gen., (1904) 257. A person convicted of counterfeiting, who upon his release is restored to full civil rights by the federal government, is not debarred by such conviction from voting in the state of New York, if otherwise qualified. Rept. of Atty.-Gen. (1911), vol. 2, p. 407. § 176. Certification of register. At the close of each meeting for the registration of voters, for a general or other election in a city, or in an election district wholly within a village having five thousand inhabitants or more, the inspectors shall append to each book of registration their certificate to the effect that such register as it now is, comprising (here insert the number) names, is a true and correct register of the names and residences of all the voters qualified to vote at such election in such district, who have personally appeared before the board of registration, and such registers so certified shall be presumptive evidence that the names and places of residence contained therein are the names and places of residence given by the persons registered respectively. At the close of each meeting for the registration of voters for a general or other election elsewhere than in a city, or in a district wholly within a village having five thousand inhabitants or more, the inspectors shall append to each book of registration a certificate to the effect that such register as it now is, comprising (here insert the number) names, is a true and correct register of all voters qualified to vote at such election in such district who have personally applied for registration, or whose names the board was required by law to place thereon. Each such certificate shall be signed by all the inspectors, but in case one inspector required to sign such certificate shall fail for any reason so to do, he may be required by the officer with whom such register is filed to sign such register at a subsequent date. In all cases a majority of the inspectors must sign such certificate at the close of each day of registration. Derivation: Election Law, § 35, subd. 1. The provisions as to certifying and preparing the registers are merely directory, and a failure on the part of the inspectors to properly observe the law in this respect will not operate to invalidate the registers and deprive citizens of their votes. People ex rel. Frost v. Wilson (1875), 62 N. Y. 186. § 177. Making up the registers; custody thereof after registration. 1. The register of voters made by the chairman of the board of inspectors shall be, and shall be known as, the public copy of registration. Such public copy shall be left in a prominent position in the place of registration from the first day of registration until election day, and shall at all reasonable times be open to public inspection and for making copies thereof. When the place of registration is in a schoolhouse, or other public building, authorized to be so used under subdivision three of section two hundred and ninety-nine, such public copy shall be left in the custody of the janitor or some other person in charge of the building, who shall be responsible therefor, and a notice shall be kept publicly posted stating how inspection thereof is to be obtained. 2. Each other inspector shall carefully preserve his register of voters and shall be responsible therefor, until the close of the canvass of the votes on election day, except as hereinafter provided for in cities of the first class. 3. At the close of each day of registration the inspectors shall draw a line in ink immediately below the name of the voter last entered upon each page of each such register. Upon the succeeding day of registration, they shall enter the names of voters in the alphabetical order of the first letter of the surname below the line so drawn upon the proper page after the close of the previous day of registration. 4. Upon the close of the last day of registration, the inspectors shall again carefully compare all the books of registration, see that they are identical as to their contents, and shall certify as a board in the proper place provided therefor upon each such register that such register is a true and correct register of persons registered by them in such district for the next ensuing election, and shall state the whole number of such persons so registered. Derivation: Election Law, § 35, pt. of subd. 2, as amended by L. 1897, ch. 379, $9; L. 1899; ch. 630, § 10; L. 1901, ch. 95, § 10; L. 1905, ch. 643, § 8. Amended by L. 1915, ch. 678, in effect May 22, 1915. Concealing registry lists. One who induces or procures a board of registry to conceal the lists of voters and refuses the public access to them is equally guilty with the inspectors of a violation of law. People v. McKane (1894), 143 N. Y. 455. Filing of registration books. See Report of Atty.-Gen. (1899), 362, § 178. Custody and filing of registers after registration in cities of first class. 1. In cities of the first class, at the close of the last day of registration, the chairman of the board of inspectors shall take from an inspector of opposite political faith from himself, the register of voters made by such inspector, and deliver it to the police, who forthwith shall file the same, if in the city of New York, with the board of elections in the borough of Manhattan, and with the chief clerk of the branch office of the board of elections in each other borough, and if in any other city, with the commissioner of elections. Such registers so filed shall be a part of the records of the offices in which they are filed. The two other inspectors of opposite political faith from each other shall retain their respective registers of voters for use on election day, except as provided in subdivision two of this section. 2. In the city of New York at the close of each day of registration the chairman of the board of inspectors shall take the signature copy of the register of voters and the book of identification statements for registration day and deliver them to the police, for safe keeping in the station house of the police precinct in which the polling place is located. The police shall return the same to the inspector having charge thereof immediately before the hour of the beginning of the next meeting for rgistration or of the opening of polls on election day. Such inspector shall also be entitled to the possession of such register and book whenever necessary under the provisions, of section one hundred and fifty-three of this chapter, and the board of elections shall be entitled to the delivery to it of such register and book upon demand. 3. All registers of voters shall at all reasonable hours be accessible for public examination and making copies thereof, and no charge of any kind shall be made for such examination or for allowing any voter to make a copy thereof. In cities of the first class the public copy of registration shall be used, if necessary, on election day by the inspector whose register was filed by the chairman as herein provided. Derivation: Election Law, § 35, pt. of subd. 2, as amended by L. 1897, ch. 379, 89; L. 1899, ch. 630, § 10; L. 1901, ch. 95, § 10; L. 1905, ch. 643, § 8. Amended by L. 1917, ch. 703, in effect June 1, 1917. Consolidators' note. -The sentence making it a felony to alter, etc., the public copy of the register is placed in section 184, with other penal provisions. § 179. Certifying changes in registers. If, in cities, the board of inspectors shall meet on the second Saturday before the election for the purpose of revising and correcting the register of voters in pursuance of an order of the supreme court, a justice thereof or a county judge, as provided in section one hundred and fifty-three of this article, the inspectors shall certify forthwith to the officer with whom the copy of the register is filed the change or changes made upon such register in pursuance of such order. At any revision of registration for an election other than a general election, the quadruplicate register of voters for the last preceding general election shall be furnished to the inspectors of election by the officer or board having the custody thereof, and the inspectors shall certify to the officer or board in cities of the first class with whom the registers are filed the changes, additions or alterations made in such registers for such election. Derivation: Election Law, § 35, pt. of subd. 2, as amended by L. 1897, ch. 379, § 9; L. 1899, ch. 630, § 10; L. 1901, ch. 95, § 10; L. 1905, ch. 643, § 8. 180. Custody of registers after election. At the close of the canvass of the votes of any election, or within twenty-four hours thereafter, the two copies of the register of electors used by the inspectors and the public copy thereof shall be filed with the board of elections of the county in which the election district is located and in the city of New York with the office located in the borough of Manhattan, and with the chief clerk of the branch office of the board of elections in each other borough of the city of New York. It shall be the duty of the officers with whom such registers of the election districts are filed, to forthwith file one copy of such register for each election district with the State superintendent of elections. Such register of electors shall be carefully preserved for use at any election which may be ordered or held in either of such counties or cities, respectively, prior to the next ensuing general election at which they may be required. Derivation: Election Law, § 35, pt. of subd. 2, as amended by L. 1897, ch. 379, § 9; L. 1899, ch. 630, § 10; L. 1901, ch. 95, § 10; L. 1905, ch. 643, § 8. Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915. § 181. Certifying number of registered electors. At the close of registration on the last day the board of inspec tors shall upon blanks furnished by the secretary of State forthwith certify and file with or mail to the officer or board charged with the duty of furnishing ballots to such district and to the State superintendent of elections the total number of electors registered in such district. The inspectors of each district shall also furnish to the same officials in like manner at the close to each day of registration the total number of electors registered on such day in their respective districts. The chairman of the board of inspectors of election |