transcript from the original enrollment book, made during the days of registration of voters for or at the preceding general election.

Derivation: Formerly § 36. Renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820; L. 1916, ch. 537, in effect May 15, 1916. Originally revised from Primary Election Law, § 3, pt. of subd. 7, as amended by L. 1903, ch. 111, § 5; L. 1905, ch. 674, § 3, and L. 1907, ch. 744, § 1; L. 1908, ch. 456, § 6.

§ 17. Use of duplicate enrollment books at unofficial primaries.

At all unofficial primary elections of a party, the certified copy of the enrollment books shall be used, and no voter shall be allowed to take part in such primary election as a resident of an election district, unless his name is upon the certified copy of the enrollment book for that district, showing that he is enrolled with the party in whose primary election he seeks to participate.

Derivation: Formerly § 37. Renumbered and amended by L. 1911, ch. 891, § 18, in effect Nov. 15, 1911. Originally revised from Primary Election Law, § 3, pt. of subd. 7, as amended by L. 1903, ch. 111, § 5; L. 1905, ch. 674, § 3, and L. 1907, ch. 744, § 1; L. 1908, ch. 456, § 6.

§ 18. Use of original enrollment books at official primaries.

The original enrollment books shall be used at all official primary elections, and shall be delivered, as provided in this chapter, to the proper boards of election inspectors immediately before the opening of the polls on each official primary day, and shall be returned to the custodian of primary records forthwith, after the completion of the canyass of the votes. Such enrollment books shall go into

effect on the first day of January following the days of registration on which they are begun, and shall, with any additions or changes made as herein provided, remain in force until the first day of the following January, when they shall be superseded by the new enrollment books, as herein provided.

Derivation: Formerly § 38. Renumbered and amended by L. 1911, ch. 891, § 19; amended by L. 1914, ch. 244, in effect April 8, 1914. Originally revised from Primary Election Law, § 3, subd. 8.

§ 19. Right to enroll and vote at primaries.

No voter who has once enrolled in a political party shall be permitted to enroll in another political party before the first day of the next registration. Only voters enrolled as provided in this article shall be entitled to participate in the official primary elections of their respective parties. No voter shall take part in any primary election of any party other than the party in which he shall at the time be enrolled.

Derivation: Formerly § 39. Renumbered and amended by L. 1911, ch. 891, § 20, in effect Nov. 15, 1911. Originally revised from Primary Election Law, § 3, pt. of subd. 9.

Restrictions upon enrollment. In an action by an elector where the complaint shows that the county committee of the party to which he belongs has assumed to delegate to boards in the respective districts and wards of the county, discretionary power to enroll and to strike from the rolls the names of voters, and thereby prevent voters belonging to the party from voting at its primary election, such elector is threatened with an injury to his political rights which is beyond remedy, and an injunction pendente lite shall be granted. Brown v. Cole (1907), 54 Misc. 278, 104 N. Y. Supp. 109.

A member of a political party may maintain a suit to restrain, a county committee of that party from carrying out an enrollment system promulgated by it, although he is not a member of the county committee. Brown v. Cole (1907), 54 Misc. 278, 104 N. Y. Supp. 109.

Who entitled to enroll, etc. See note to Election Law, § 7.

§ 19-a. Special enrollment after moving.

If, after being enrolled as a member of a party in one election district, by original enrollment, a voter shall move into another election district in the same assembly district, he may, at any time between the first day of February of any year and the thirtieth day before the annual primary day, become enrolled therein as a member of the same party by making an affidavit

before any officer authorized by law to take the same and filing, or causing to be filed, with the custodian of primary records, such affidavit which shall specify the name of the party with which, and the election district in which he is enrolled, the street address from which said voter enrolled, if any, the election district into which he has moved and the street address of his residence therein, if any, and stating that he resides in the last mentioned election district, and desires to be enrolled therein as a member of such party. Except as hereinafter provided, upon the filing of such affidavit the custodian of primary records shall enroll the name of such voter in the original enrollment books for the proper election district, specifying the district from which he is transferred and his new residence address, and shall also make a minute, opposite the entry of his name in the original enrollment books of the election district from which he has removed, showing the election district to which his name is transferred. Provided, however, that in any city in which the registers of electors constitute also the enrollment books, as now or hereafter provided by law, such voter shall appear before the custodian of primary records and deliver such affidavit in person and answer such questions concerning facts affecting his identity as such custodian may deem necessary. Such custodian shall compare the signature, if any, of the voter on the affidavit with his signature on the register of electors. If the voter be unable to write, the custodian shall submit to him, in lieu of requiring his signature, the questions required for the identification statement where an applicant for registry is unable to write. In such city, if the enrollment of a voter be transferred and if he be able to write, he shall also sign his name in the appropriate column of the register for the district to which he is transferred. In any assembly district of the state, if such a transfer be made, all entries relating to the enrollment of the voter on the original books, and relating both to registry and enrollment where the registers constitute the enrollment books, shall be transcribed in the books for the district to which he shall have moved. In any election district outside of such a city, the custodian of primary records may in his discretion in any case require the applicant to appear in person and answer such questions and, where personal registration is required, submit to such signa

ture test as may be necessary to satisfy the custodian of his identity. Where an applicant for transfer is required either by the provisions of this section or by the custodian of primary records to appear in person, in any political subdivision of the state, such custodian shall not transfer the applicant's enrollment unless satisfied of his identity. Such transfer of enrollment shall be made but once during any year for which the original enrollment was made.

Nothing contained in this section shall be deemed to qualify a person to vote at an official primary in the district to which his enrollment is transferred if he be not a resident of such district at the time of the primary and for thirty days theretofore, and he shall be subject to challenge as provided in section seventy-two. Added by L. 1916, ch. 537, in effect May 15, 1916.

§ 20. New pr amended enrollment books for changed districts.

If in the interval between the days of registration and the day of the fall primary in the succeeding year, a new election district shall be created, or the boundaries of an election district shall be changed, and such change or the creation of such new district is to take effect within such interval, the custodian of primary records shall immediately prepare new enrollment books for such district from the enrollment books of the districts covering any part of the same territory, which new enrollment books shall be given the proper descriptive number of the assembly district or ward, or designation of the town, and the descriptive number of the election district, within which they are to be used but shall in other respects be in the same form and exhibit the same facts as the enrollment books then in force in the territory comprised within such new or changed district and shall contain the names of all the voters, as shown by the enrollment books then in force in such territory, who are the enrolled voters of the respective political parties within, and who are shown by such books to be residents of such new or changed election district. If an election district, whose boundaries are not changed, be given a new number or become included in a different assembly district, ward or town, within such interval, such custodian, before the next official primary at which the enrollment books for such new or changed election district may be used,

shall appropriately change the descriptive number on such books of the assembly district, ward and election district, or the designation of the town, as the case may be. The certificate of such custodian to the effect that such new or changed books are true and correct and in conformity with this section shall be attached thereto. New enrollment books, prepared pursuant to this section, shall supersede the enrollment books then in force in such territory until a new enrollment therein takes effect under the other provisions of this article, and the custodian of primary records shall be charged with the same duties concerning the same, including the preparation of duplicate sets thereof or transcripts therefrom, as are provided in this article with respect to books containing enrollments begun on the days of registration. This section shall not be construed to authorize any person to vote in such new or changed district if he shall have ceased to reside in the territory thereof at the time of the preparation of such new books therefor or at the time he offers his vote at an official primary therein.

Former § 20 repealed by L. 1914, ch. 244; new § 20 added by L. 1916, ch. 537, in effect May 15, 1916.

§ 21. Enrollment books to be public records; transcripts of enrollment.

The enrollment books herein provided for and any declarations filed on enrollment shall be public records, and shall be open to inspection and copying at any time by any person, except for the period during which they are required to remain sealed as herein provided. It shall be the duty of the custodian of primary records to certify to the correctness of any transcript of such enrollment books, or of any part thereof, on the payment of one cent for every twenty names contained in the transcript. Wherever the custodian of primary records is a salaried officer, the fees received by him for certifying such transcripts shall be paid into the public treasury. Such a certified transcript, containing the name and showing the enrollment of any voter, shall be sufficient evidence of such enrollment. The custodian of primary records shall give to any voter enrolled as in this article provided, a certificate of enrollment, which shall specify the name of the party with which he is enrolled, the date of enrollment and the election district in which such voter is enrolled. Declarations and enrollment blanks filed