by voters shall be public records and shall be kept on file until one year thereafter. No person shall be required to enroll, nor shall his failure to do so affect his right to register for the purpose of voting at any election.

Derivation: Formerly § 41. Renumbered and amended by L. 1911, ch. 891; amended by L. 1913, ch. 820, in effect Dec. 17, 1913. Originally revised from Primary Election Law, § 3, pt. of subd. 9.

Consolidators' note.- The provision relating to acknowledgments is omitted, being already included in the part of this section which has been made section 32; also the provision prohibiting enrollments in another party before the next registration days, which has been included in new section 39; also the provision limiting special enrollments to electors "who registered as electors in the same city or village in the last preceding year, or who have become of age after the last preceding general election, and whose names are not already on the rolls of any party," this provision being inconsistent with that part of old subdivision 4 of section 3 which is here made section 33, and which permits special enrollments in territory formerly not subject to this article but which shall have been annexed to cities or villages subject to it.

Right to make copies of enrollment books.-A member of the Republican organization of Erie county, is entitled to make a copy of enrollment books, that being included in the right to an "inspection," where, in so doing, he is not taking unnecessary time or interfering with the right of any other member of the party to examine such books. People ex rel. Spire v. General Committee (1898), 25 App. Div. 339, 49 N. Y. Supp. 723.

§ 22. Publication of enrollment.

The board of elections of every city of the first class containing within its boundaries more than one county shall and the board of elections of any county containing a city of the first or second class and when authorized by the board of supervisors the board of elections in any other county may, in its discretion, cause to be published, for each assembly district, within a county over which such board has jurisdiction, in pamphlet form, and at public expense a transcript of the enrollment books of each election district in the assembly district, omitting all entries except the names, the residence addresses, and the party, if any, recorded opposite the respective names. Where an independent body shall hereafter become a party at a general election held after the enrollment, of which the lists may have been published under the provisions of this section, by the board of elections, a transcript of all entries upon the enrollment books added thereto under the provisions of section fifteen relating to enrolled voters of such new party, shall be published in the manner hereinabove provided between the first

Tuesday in June and the first Tuesday in July of the year in which an enrollment is had of the members of such new party, omitting all entries upon such enrollment excepting the names of those enrolled with the new party, the residence addresses and the name of the party recorded opposite each name; provided, however, that if not more than one new party shall have been thus created, the name of the party to which such transcript relates may be placed at the head of the list and need not be repeated opposite each name. The board of elections shall provide all such transcripts for publication.

Derivation: Formerly § 42. Renumbered and amended by L. 1911, ch. 891, § 23, in effect Nov. 15, 1911. Originally revised from Primary Election Law, § 3, subd. 10, as amended by L. 1903, ch. 111, § 6. –

Amended by L. 1913, chs. 587 and 800; L. 1914, ch. 244, in effect April 8, 1914. § 23. Judicial review of enrollment.

If any statement in the declaration of any person, on the evidence of which his name was enrolled in the original enrollment books for any election district by the custodian of primary records, or if any entry opposite the name of any person in such enrollment books is false, or if any person enrolled in such enrollment books has died, or has removed from or no longer resides in such election district, any voter of the assembly district in which such election district is located (provided such voter is himself duly enrolled with the same political party with which the person, as to whom the application is made, was enrolled) may present proof thereof by affidavit to the supreme court, or to any justice thereof, in the judicial district or to a county judge of the county, in which such election district is located. And thereupon such court, justice or judge shall make an order requiring the person against or as to whom the proceeding is instituted, unless he is shown to have died, as hereinafter provided, to show cause before such court, justice or judge, at time and place specified in such order, why his name should not be stricken from such enrollment book. Such order shall be returnable on a day at least ten days before a primary election, and a copy thereof shall be served on the person against whom the proceeding is instituted and on the custodian of primary records at least forty-eight hours before the return thereof either personally or by depositing the same in the post

office of the city in which such election district is located, in a postpaid wrapper or envelope addressed to the custodian of primary records at his office, and to such person by his name at his present address, if known, and otherwise at the address which appears in the enrollment books for such election district. If the person as to whose name the application is made is claimed to be dead, the order to show cause hereinabove provided for shall be directed to the custodian of primary records, and service thereof need only be made upon such custodian of primary records, such service to be made in the manner heretofore in this section specified; but an order requiring the custodian of primary records to show cause why the name of a person claimed to be dead should not be stricken from the enrollment books shall not be made unless the affidavit presented to the court, justice or judge by the voter instituting the proceeding shall state that such voter has personal knowledge of the death of the person with respect to whose name the application is made and unless such affidavit is substantiated either by a certificate of the health department or by other competent evidence of such death. The custodian of primary records shall produce before the court, justice or judge, the original enrollment declaration subscribed by the person against or as to whom the proceeding is instituted. The court, justice or judge shall hear the persons interested, and if it appears by sufficient evidence that any statement in the declaration of the person against whom the proceeding is instituted, on the evidence of which he was enrolled by the custodian of primary records, or any statement opposite his name in the original enrollment books, is false, or that such person is dead or has removed from or no longer resides in the election district for which he is enrolled, shall order the name of such person stricken from the enrollment books, except as hereinafter provided. If at such hearing the person against whom the proceeding is instituted shall produce evidence that the custodian of primary records has incorrectly copied into the enrollment books the data contained in the declaration of such person, and that if correctly copied such person would be entitled to be enrolled in such election district, such order, instead of requiring his name to be stricken from the enrollment books, shall require the correction of the enrollment books in accordance with such evidence. In

either case the order shall require the custodian of primary records to strike such name from the enrollment books, or to otherwise correct such enrollment books in accordance with such order. Upon the correction of such enrollment books in accordance with such order, the custodian of primary records shall certify such correction to the chairman of the general committee of each party to whom a duplicate set of enrollment books has been delivered in pursuance of section sixteen of this chapter.

1

Derivation: Formerly § 43. Renumbered and amended by L. 1911, ch. 891, § 24, in effect Nov. 15, 1911. Originally revised from Primary Election Law, § 3, subd. 11, as added by L. 1904, ch. 350.

Sufficiency of proof on application to strike name from enrollment. — The question of the sufficiency of an affidavit, on an application to strike a name from the primary enrollment, is of such public importance that the court will hear the case although the primary election has been held. Matter of Titus (1907), 117 App. Div. 621, 102 N. Y. Supp. 851, aff'd 188 N. Y. 585.

Where an elector, served by mail at his latest known address, has failed to appear in a proceeding to remove his name from the roll, and the affidavit showing his removal from that residence given, is not made by a lessee or occupant, janitor or proprietor of the premises but by an occupant of a house in the vicinity, and the affiant has no personal knowledge that the elector has actually moved from the election district as well, but merely states that fact as a conclusion, the affidavit is insufficient although uncontradicted to make it mandatory duty of the court to strike the name from the enrollment. Matter of Titus (1907), 117 App. Div. 621, 102 N. Y. Supp. 851, aff'd 188 N. Y. 585.

Although it seems that the Legislature may prescribe such rules and regu lations applying to all the primary elections as it deems necessary and proper, yet, when the Legislature has not made adequate provision to protect an elector from having his name stricken from the roll without his knowledge, the statute should be so construed as to afford him the necessary protection. Matter of Titus (1907), 117 App. Div. 621, 102 N. Y. Supp. 851, aff'd 188 N. Y. 585.

As to the sufficiency of proof on application to strike name from enrollment, see also Matter of O'Brien (1907), 117 App. Div. 628, 102 N. Y. Supp. 845, aff'd 188 N. Y. 585; Matter of McGuire (1907), 117 App. Div. 637, 102 N. Y. Supp. 856, aff'd 188 N. Y. 585.

§ 24. Correction of enrollment with respect to persons not in sympathy with party.

If any person is not in sympathy with the principles of the political party with which such person is enrolled, any voter of the assembly district in which such election district is located (provided such voter is himself duly enrolled with the safe political party with which the person as to whom the application is made

was enrolled) may present proof thereof by affidavit to the chairman of the county general committee of the political party with which the voter enrolled, and the chairman of such county general committee shall issue a notice requiring the person against or as to whom the proceeding is instituted to show cause before such chairman of the county general committee, or a subcommittee appointed by such chairman, at a time and place specified in such notice why his name should not be stricken from such enrollment books. Such notice shall be returnable on a day at least fifteen days before a primary election, and a copy of the affidavit shall be served on the person against whom the proceeding is instituted and on the custodian of primary records at least forty-eight hours before the return thereof, either personally or by depositing the same in the post-office of the city in which such election district is located, in a postpaid wrapper or envelope addressed to the custodian of primary records at his office, and to such person by his name at his present address, if known, and otherwise at the address which appears in the enrollment books for such election district. The chairman of such committee shall in his discretion personally hear the persons interested in the proceeding or appoint a subcommittee to take testimony, and in such event the action of the subcommittee shall not be final unless approved of by the chairman of such county general committee, and if it appears by sufficient evidence that such person is not in sympathy with. the principles of the political party with which such person enrolled, the chairman of the county general committee shall cause to be filed a certificate with the board of elections or with the custodian of primary records setting forth reasons why the name of such person shall be stricken from the enrollment books, together with a record of the proceedings had in the matter. It shall be the duty of the board of elections or the custodian of primary records to make application to the supreme court or to any justice thereof in the judicial district, or to a county judge of the county, in which such election district is located, for an order requiring the person against or as to whom the proceeding is instituted to show cause before such court, justice or judge, at a time and place specified in such order, why the decision of the chairman of such county general