A judge at chambers might, under L. 1894, ch. 275, § 37, strike from the registry the name of an intending voter, who, the facts affirmatively show, is not and cannot become qualified. There being dispute as to the facts, however, the voter should be left to swear in his vote at his peril. Matter of Goodman, (1895) 146 N. Y. 284. Matter of Hamilton, (1894) 80 Hun 511, 30 N. Y. Supp. 499, and Matter of Ward, (1892) 48 N. Y. St. Rep. 613, 20 N. Y. Supp. 606, holding that a judge can compel a name to be added to or stricken from the registry list only when the inspectors have failed in their ministerial duty in placing the name upon the list when the applicant has taken the required oaths, etc., were practically overruled by Matter of Goodman, (1895) 146 N. Y. 284. Service of order.- An order to show cause why the name of a person should not be stricken from the registry list need not be served upon any one except such person, although the order provides for service upon others. Matter of Griffiths, (1896) 16 Misc. 128, 38 N. Y. Supp. 953. Registration in wrong district. - - Where a person negligently registers himself in the wrong election district, the court cannot relieve him after the time for registration has expired. Matter of Hart, (1898) 25 Misc. 93, 53 N. Y. Supp. 1071, motion for rearg. denied 162 N. Y. 645. - Striking names from registry in New York city. The amendment to this section made by Laws 1905, chapter 675, with reference to the affidavit of the superintendent of elections being presumptive evidence against the right of an elector to vote, is constitutional, as the legislature may prescribe what evidence of a fact shall be presumptive. Matter of Morgan (1906) 114 App. Div. 45, 99 N. Y. Supp. 775. Such provision making such affidavit presumptive evidence is limited to the metropolitan election district, and does not apply to the rest of the State. It is nevertheless constitutional, as it is adapted to the peculiar circumstances existing in that part of the State. Matter of Morgan, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775. The provision of this section that notice of the application to strike the name of an elector from the register may be served by mail, addressed to his residence as given, is constitutional. Matter of Morgan, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775. On the hearing of an application to strike a name from the register, it is error to exclude competent commom-law evidence of the elector's right to vote. Matter of Morgan, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775. But the provision in this section, that the presumption raised by the affidavit of the superintendent of elections, or his deputies, can only be rebutted by the oral testimony under oath or affidavit of the elector whose name is sought to be stricken from the register, is unconstitutional and võid as it excludes other common-law evidence of his right to vote. Matter of Morgan, (1906) 114 App. Div. 45, 99 N. Y. Supp. 775. Presumption where name does not appear on return of lodging-house keeper.— Where it appears that the name of a proposed elector is not upon the sworn statement filed by the keeper of a lodging house (see Election Law, § 480) from which such elector has registered, a presumption arises that be does not reside at the place named and is not entitled to remain upon the registry list; but such presumption, however, may be rebutted. Matter of Jacobs, (1904) 45 Misc. 113, 91 N. Y. Supp. 596. Application to strike the name of a registered elector from the registry list will be denied where there is any dispute about the facts or grounds for different inferences. Matter of Jacobs, (1904) 45 Misc. 113, 91 N. Y. Supp. 596. A person may have a legal residence at a lodging house or hotel notwithstanding the irregularity of his visits. Rept. of Atty.-Gen., (1908) 412. Personal appearance before the board of registration of the electors who voted at the last preceding general election in a rural town is not required for their registration, but it is the duty of the board to place their names on the register; and the board will be directed to do so where, being uncertain as to its duty, the members thereof apply to the court for an order directing them in reference thereto. Matter of Randall (1911), 73 Misc. 539, 132 N. Y. Supp. 457. § 154. Register of voters. The board of inspectors of each election district in the state shall,, at their meetings for registration for the general election in each year, make a quadruplicate register-one copy, by each inspector— in the forms hereinafter prescribed, of those persons, and none other, who are or will be qualified to vote in such district at such election, which register, when finally completed, shall be the register of voters of the district for such election. Such register shall be used at all other elections held in such district during the year succeeding the election for which it is made, except for town meetings and village elections for which no registration is required. Derivation: Election Law, § 32, pt. of subd. 1, as amended by L. 1899, ch. 630, § 5; L. 1901. ch. 113, § 1; L. 1905, ch. 675, § 4. Cross-references. — Registration books to be furnished by secretary of state through county clerk. Election Law, § 182. Misconduct of registry officers and mutilation, destruction or loss of registry list. See Penal Law, §§ 753, 754 (part 5, post), and Election Law, § 184. As to certification and custody, etc., of register, see Election Law, §§ 176-180. § 155. Register; how arranged; signature law.1 1. This subdivision shall apply to election districts outside of a city having more than one million inhabitants. In all such election districts the register shall be arranged in twenty-four columns, except that in election districts in which personal registration is not required it shall consist of twenty-three columns, of which the first twenty-one 1 Information for war census.- The registers of electors for the general election in the year nineteen hundred and seventeen shall each contain an additional column for replies by the voter to the following questions: "Have $ 155 columns shall be the same as in the registers for election districts in which personal registration is required. The leaves of the register shall be indexed from A to Z. In the first, column of such register there shall be entered, at the time of the completion of the registration on the last day for registration, a number opposite the name of each person so enrolled, beginning with "one" opposite the first name entered in the page indexed A and continuing in numerical order to and including the last name entered upon the last page of such register. On each day of registration there shall be entered in the second column thereof the surname of such persons in the alphabetical order of the first letter thereof, on the page bearing the index letter of such surname and in the third column the christian name or names of such persons respectively. In the fourth column shall be entered the residence number or other designation, and in the fifth column the name of the street or avenue of such residence or a brief description of the locality thereof. In the sixth column shall be entered the number of the floor or room occupied by the elector at the residence given by him, and in the seventh column shall be entered the full name of the householder, tenant, subtenant or apartment-lessee with whom the elector resides, and in the eighth column shall be entered his age, in the ninth, tenth and eleventh columns shall be entered his length of residence by years, months and days as the case may be, in the state, county and election district, respectively; and in the twelfth column shall be entered the country of his nativity which shall mean the country, state or province of the elector's birth, irrespective of his former political allegiance. In the thirteenth column, if he be a naturalized citizen, shall be entered the date of the naturalization certificate under which he claims citizenship and in the fourteenth column shall be entered the designation of the court issuing such naturalization certificate. teenth, sixteenth, seventeenth and eighteenth columns shall be In the fifentered respectively the name of the state, the city or town, and the street number and the name of the street or avenue of the residence of such person from which such person last registered or voted, and the year in which he last registered or voted. you registered yourself or been registered to your own knowledge in any In military or war census in or out of this state since April first, nineteen hundred and seventeen? printed at the head of the column. Below the heading such column shall be If so, at what address?" Such questions shall be divided by a light ruled vertical rule. The reply to the first question shall be entered in the first section of such column and the reply to the last question in the second section. Such questions shall be asked by the chairman of the board of inspectors of each voter as he appears personally for registration, and, in an election district where registration is not required to be personal, of each voter as he appears before the board of inspectors for receiving a ballot on the day of the general election if he shall not have previously answered such questions on a day of registration. question shall be answered by "Yes" or "No." If the answer to the first The first question be "No" the second question need not be asked or answered. Each inspector shall enter the replies of the voter in the register of which he has charge, at the time such replies are made. In a district where registration is required to be personal such additional column shall immediately precede the signature column. headed "Remarks." A voter refusing to answer any such question shall be In any other district, it shall precede the column guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding fifty dollars, or by imprisonment not exceeding three months, or both. (L. 1917, ch. 777, in effect June 8, 1917.) i the nineteenth column shall be entered the date of the registration of the elector. In the twentieth column shall be entered if the elector is in business for himself or with others the name under which he is in business, or, if the elector is employed by some other person, the name of his present employer. If he is not in business and has no employment, the word "none" shall be entered, together with the name under which he was last in business or the name of his last employer, if any. In the twenty-first column shall be entered the street and number, or if it has no street number, a brief description of the location of the place, if any, where he is so in business or employed, or, if unemployed, the place, if any, where he was last in business or employed. The information required to be stated in the twentieth and twentyfirst columns shall only be asked in the event that the person offering to register shall not have registered in the same county in the general election immediately preceding. The twenty-second column of the register for any election district in which personal registration is required shall be reserved for the signature, at the time of registration, of any elector who registers personally in any such district, or in case such elector alleges his inability to write, for entering therein the number of the "identification. statement for registration day" made by such elector as hereinafter provided. Above each horizontal line in the said twentysecond column shall be printed the words "the foregoing statements are true" and the elector shall at the time of personal registration, sign his name by his own hand and without assistance, using an indelible pencil or ink, below such words on the horizontal line in the register of electors, which register shall be known as the "signature copy." Said signature copy shall be one of the registers, other than the public copy, which signature copy shall be kept by an inspector of opposite political faith from the chairman, and shall be used at the polls on election day. The twenty-third column, or, in the register for an election district in which personal registration is not required, the twentysecond column, shall be reserved for entering the consecutive number on the stub of the official ballot, voted by the elector on election day. In the twenty-fourth column, or, in the register for an election district in which personal registration is not required, the twenty-third column, shall be entered, opposite the name of each elector, under the heading'" remarks" the facts regarding challenges, oaths and other facts affecting such elector required to be recorded, including, in the case of a person not required to register personally who did in fact so register, the word "personal." 2. This subdivision shall apply only to election districts within a city having more than one million inhabitants. In all election districts in any such city, the register shall be arranged in twentynine (at the general election preceding a presidential primary, thirty) columns, and the leaves thereof shall be indexed from A to Z. The first column of the register shall be entitled "Regis tration No. of Voter," and in such column shall be entered, at the time of the completion of the registration on the last day for registration, a number opposite the name of each person so registered, beginning with "one" opposite the first name entered in the page indexed A and continuing in numerical order to and including the last name entered upon the last page of such register. Columns two to twenty-four inclusive shall be filled in on each day of registration as each voter is registered, and the remaining columns at the times respectively provided. All such columns shall be appropriately entitled to indicate their purpose. In the second column shall be entered the date of the registration of each voter. In the third column shall be entered the surname of such persons in the alphabetical order of the first letter thereof, on the page bearing the index letter of such surname. In the fourth column shall be entered the christian or given name or names of such persons resepectively. In the fifth and sixth columns shall be entered the residence number or other designation, and the name of the street or avenue of such residence or a brief description of the locality thereof. In the seventh column shall be entered the number of the floor or room occupied by the elector at the residence given by him. In the eighth column shall be entered the full name of the householder, tenant, subtenant or apartment lessee with whom the elector resides. In the ninth column shall be entered the elector's |