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3. If the elector alleges his inability to sign in the cases provided for in either of the foregoing sections, one of the inspectors, designated by the chairman, shall read to the elector the following list of questions from a book to be furnished said inspector and to be known as "identification statements for registration day," and said inspector shall write down in said book the answers of the elector to said questions: What is your true name? What is or was your father's full name? What is or was your mother's full name? What is your occupation? What is the name of your present employer? If unemployed, what is the name of your last employer? Where is or was his place of business? Are you married or single? Where did you actually reside immediately prior to taking up your present residence; state floor and character of premises? At the bottom of each list of questions shall be printed the following statement: "I certify that I have read to the above named elector each of the foregoing questions and that I have truly recorded his or her answers as above to each of said questions," and said inspector who has made the above record shall forthwith sign his name to said certificate and date the same. The above questions shall be printed on separate sheets of paper which shall be furnished said inspector bound together in book form and numbered consecutively, and the number corresponding to the number on each sheet containing said list of questions shall be entered when the questions have been answered, in the signature copy of the register, in the column reserved for signatures and numbers of identification statements. Said book of "identification statements for registration day" shall be kept at all times with the register in which the electors sign their names as hereinbefore provided. A sufficient number of identification statements for registration and election days, bound in book form shall be furnished to each board of inspectors in the same manner as the registration and poll-books are now furnished to said boards of inspectors. The lines in the registers shall be one-half inch apart. The election officers shall not prefix to the christian or given name of an elector nor shall the elector prefix to the christian or given name in her signature the abbreviation" Mrs.", nor shall the initials of an elector's husband be included as part of the name of elector.

Former § 155, subds. 2a, 3, renumbered § 156 and amended, and subd. 4 repealed by L. 1919, ch. 504, in effect Oct. 1, 1919.

§ 157. Preparation and distribution of registry lists; investigation of false registration.

The board of inspectors of each election district shall, immediately after the close of the last day of registration, make and complete one list of all-persons registered in their respective districts, in the numerical order of the street numbers thereof, which list shall be signed and certified by the board of inspectors. Such list shall be delivered by the chairman of the board of inspectors to the police captain of the precinct, if any, in which the election district is located, or an officer thereof, or to the town clerk, who shall forthwith deliver the same to the board of elections in the county in which such election district is located. The board of elections of each county containing a city of the first or second class and the board of elections of the city of New York, as soon as possible after the delivery of such lists, and, in the city of New York, within one hundred and eight hours after the close of each annual registration, and elsewhere not less than six days prior to the day of election, shall print in pamphlet form for each ward of any city within their respective counties, or for each assembly district in the city of New York, not less than twenty-five times as many copies of said registration lists as there are election districts in such assembly district or ward, so that each assembly district or ward pamphlet shall contain the lists of the several election districts in such assembly district or ward. Upon the written application of the chairman of the executive committee of the county committee of any political party whose candidates are entitled to a place upon the official ballot to be voted at the election for which the registration is made, the board of elections of such city or of any such county, as the caso may be, shall respectively deliver to such chairman five copies of each assembly district or ward pamphlet for each election district within such city, or, in the city of New York, within each assembly

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district of the county which such county committee represents. Two pamphlets containing the lists of the registered persons in the election districts within his precinct shall be furnished to each police captain in all such cities. It shall be the duty of every police captain in every city of the state to forthwith cause an investigation of each name registered in his precinct to be made and to report to the state superintendent of elections at his office in such city or at such other office as such superintendent may in writing designate any case of false registration there found. In any city of the state in which registration lists are not printed, including third class cities, it shall be the duty of the board of elections of the county or of such city to afford necessary facilities, including clerical assistance, to every such police captain in transcribing the whole or any part of the registration lists in aid of the duty of investigation imposed on him under the provisions of this section. The board of elections in each county shall furnish to the state superintendent of elections three copies of each pamphlet printed by it. The remaining pamphlets so printed shall be distributed in the discretion of the said boards, which shall have respectively the power to charge for each pamphlet a sum not exceeding ten cents a copy, and any moneys resulting from the sale thereof shall be paid to the comptroller of the city of New York or county treasurer of the county for the benefit of the treasury of such city or county. The boards of elections shall contract for the printing of such lists of registered electors with whomsoever it may seem to said board to be most advantageous to so contract, but such contract shall only be awarded after proper public notice and to the lowest bidder.

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Such lists shall be made and printed as near as may be in the following form, to wit:

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Derivation: Election Law, § 32, subd. 3, as amended by L. 1897, ch. 379, § 8; L. 1899, ch. 649, § 1; L. 1901, ch. 95, § 9; L. 1905, ch. 643, § 7.

Amended by L. 1911, ch. 649; L. 1913, chs. 800 and 821; L. 1915, ch. 678; L. 1916, ch. 537; L. 1917, ch. 703, in effect June 1, 1917.

Consolidators' note. The requirement that the police captain shall report any case of false registration "to his commanding officer and to the board of elections and to the said commissioners of elections," has been changed to "to his commanding officer and in cities of the first class to the board of elections or to the commissioner of elections." New York city has a board of elections, and Buffalo a commissioner (the commissioner of Erie county). There are no other cities of the first class, and no other city has either a board or commissioner of elections.

N. B.- Rochester is now a city of the first class.

Cross-references.-Office of superintendent of elections abolished; reports to be made to boards of elections instead. See p. 261d, post. As to mutilation, destruction or loss of registry lists, see Penal Law, § 754 (part 5, post), and Election Law, § 184.

Alteration of lists.- Right of inspectors. See Report of Atty.-Gen. (1904),

450.

Failure of inspectors to comply with law in preparing register cannot deprive electors of their votes. People ex rel. Frost v. Wilson, (1875), 62 N. Y. 186. Unjustified arrest for crime of false registration, due to carelessness of election officers in preparing list by copying wrong address of a voter. Tanzer v. Breen, (1910) 139 App. Div. 10, 123 N. Y. Supp. 497.

§ 158. Registration in cities and in villages of five thousand inhabitants.

In cities and villages having five thousand inhabitants or more, the names of such persons only as personally appear before the inspectors, and who are or will be at the election for which the registration is made, qualified electors, shall be registered for a general election, except that whenever any election district in a village having five thousand inhabitants or more shall embrace within its boundaries territory without the limits of such village, the inspectors shall, at their first meeting for registration for a general election, place upon such register the names of all persons appearing on the register of the last preceding general election who resided without the limits of such village but within the election district and who voted at such last preceding general election, except the names of such electors as are proven to the satisfaction of such inspectors to have ceased to be electors since such general election or to have moved within the limits of such village. They shall also place upon such register, at their first and subsequent meetings, the names of all other persons residing without the limits of the village and within such election district who may then

appear before such inspectors and apply for registration and who are or who will be at the election for which the registration is made qualified electors, and also, at their first and subsequent meetings, the names of all persons not registered under the foregoing provisions who are known or proven to the satisfaction of the inspectors to be then or thereafter entitled to vote at such election and who reside within such election district but without the limits of such city or village.

Derivation: Election Law, § 33, subd. 1.

Amended by L. 1911, ch. 649; L. 1913, ch. 820; L. 1916, ch. 537, in effect May 15, 1916.

Consolidators' note. — According to the last sentence of the section, the inspectors are required "to register the names of persons known who are or will be entitled to vote, and of persons proven to the satisfaction of the inspectors who are or will be entitled to vote." On its face the provision is meaningless. The intention is to require the inspectors to register the names of persons "known or proven to their satisfaction to be then or thereafter entitled to vote," at the coming election, and the expression has been made to read so.

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Cross-references. False registration. Penal Law, § 752 (part 5, post). Procuring and presenting fraudulent certificate of naturalization in order to register. Penal Law, §§ 777-778 (part 5, post). Constitutional requirements as to registration. N. Y. Const., art. 2, § 4 (part 2, post).

Board of registration act only ministerially in receiving and registering the names of voters, and must therefore register all who conform in their applica. tion for registration to the formal requirement of the law, but must refuse registration to any who fail in such conformation. Matter of Hamilton (1894), 80 Hun 511, 30 N. Y. Supp. 499; People ex rel. Stapleton v. Bell (1890), 119 N. Y. 175.

Inspectors have no right to refuse registration.—If an applicant for registration makes the proper statement and takes the required oath or affirmation his name must be entered on the list of voters, and the inspectors have no discretion or right to refuse it. The law makes it their duty to do so, yet if a person who has been refused and applies to the court for a mandamus against the inspectors and it appears that he had no right to register and was not in fact a qualified voter, would the court compel the inspectors to register him and then place him in a position that he may cast a legal vote? Sherwood v. Bd. of Convassers (1892), 129 N. Y. 360.

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159. Registration elsewhere.

At the first meeting for registration in any election district where only two meetings for the registration of voters are held

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