period that they have resided therein, and such other information as may be deemed necessary by said superintendent, and said superintendent shall have the power whenever deemed necessary by him, to require said owner or said lessee in addition to notify said superintendent whenever any of said persons shall within twenty-nine days before election leave said hotel, inn, lodginghouse and dwelling. Said superintendent shall have the power to require said list to be made by the owner if said owner is in possession. If said owner is not in possession said superintendent shall have the power to require said owner to furnish the name of the lessee and lessees of said building and said superintendent shall then have the power to require said list of said lessee and lessees. In the event that said building is occupied in part by said owner and in part by a lessee or lessees the said superintendent shall then have the power to compel the owner to furnish the said list for the part occupied by him, and the names of the lessee or lessees who lease the remaining part of said building, and said superintendent may require said lists from said lessee or lessees. In the event of the neglect of the owner or lessee to furnish said. list when demanded by said superintendent of elections, said owner or lessee shall be guilty of a misdemeanor punishable by a fine of two hundred and fifty dollars, and in case of a second conviction shall be punishable by a fine of five hundred dollars and imprisonment. If the owner furnishes to said superintendent a list which states that a person has resided in said premises for a longer period than he has actually resided therein, or if said person puts upon said list a name under which no person has resided any length of time in said premises, said owner shall be guilty of a felony and in addition liable to a penalty of one thousand dollars, which said penalty shall be a lien upon the house and the lot upon which the house is situated. If the lessee furnishes a false list then the said lessee shall be liable to a penalty of one thousand dollars, which said penalty, in addition to being satisfied out of any goods or chattels of the lessee, shall be a lien upon the leasehold, and shall entitle said leasehold to be sold to satisfy said penalty subject to the rights of the land lord. Every penalty imposed herein upon a house or leasehold shall be a lien upon the house and lot or leasehold in relation to which the penalty is imposed from the time of filing of a certified copy of the judgment in the office of the clerk of the county in which said house and lot or leasehold is situated, subject only to taxes, assessments, water rates and to such mortgages and mechanics' liens as may exist thereon prior to such filing, and it shall be the duty of the prosecuting officer upon the entry of said judgment to forthwith file the copy as aforesaid in the office of the clerk of the county and said copy upon said filing shall be forthwith indexed by the clerk in the index of mechanics' liens. A lis pendens may be filed in the office of the clerk of the county in which the realty or leasehold is situated at the time of the commencement of the proceedings under this section. Derivation: L. 1908, ch. 488, § 2, amending L. 1905, ch. 689, and L. 1898, ch. 676, by adding § 9-a. Amended by L. 1911, ch. 649; L. 1915, ch. 678; L. 1918, ch. 323, in effect Apr. 24, 1918. Cross-reference.-Office of Luperintendent of elections abolished; functions herein are to be exercised by police or sheriff. See p. 261d, post. § 485. Card lists of registered electors. The board of inspectors of each election district shall on each day of registration transfer to cards, to be provided for that purpose by the secretary of state, which cards shall be in form and style approved by the state superintendent of elections, a complete copy of the name of each person registered in their respective districts, together with all of the answers made and information given by the person registered, at the time of registration, and such cards, inclosed and sealed in a cover to be provided for that purpose by the secretary of state, shall be delivered personally or by mail forthwith by the chairman of the board of inspectors together with a statement on a blank form, to be furnished by the secretary of state after approval by the state superintendent of elections, that the cards delivered contain a correct copy of all the names registered and information given by the person so registered, to the state superintendent of elections at one of his offices to be designated by him. In cities of the first class the board of inspectors of each election district shall also on cach day of registration transfer to the cards, to be provided for that purpose by the secretary of state, which cards shall be in form and style approved by the state superintendent of elections, a complete copy of the name of each person registered in their respective districts, together with all of the answers made and information given by the persons registered, at the time of registration and such other and further information as may be required by said card and such cards, inclosed and sealed in a cover to be provided for that purpose by the secretary of state, shall be delivered personally forthwith by the chairman of the board of inspectors together with a statement on a blank form, to be furnished by the secretary of state after approval by the state superintendent of elections, that the cards delivered contain a correct copy of all the names registered and information given as required by said card, to the police department of said city at such office as shall be desig nated by said police department. Derivation: L. 1905, ch. 689, § 1, amending L. 1898, ch. 676, § 10. 486. Challenge lists. 1. The state superintendent of elections shall prepare for each election district in the city of New York a challenge list containing the names, alphabetically arranged, and addresses of all persons who, by reason of death, removal, conviction or otherwise, have lost the right to register from the addresses within such elec tion district from which they registered at the last preceding election. Such challenge lists shall be delivered to the respective boards of registry in such city at least one-half hour before the commencement of registration. It shall be the duty of the chairman of such respective boards of registry to challenge the registration of any person applying to them for registration under any name on said challenge lists, unless it shall affirmatively appear after strict examination of the voter, and, if necessary, others also, that such voter has become domiciled at a new address within the election district. Said challenge lists shall contain a column headed "remarks" and it shall be the duty of the chairman of the respective boards of registry to enter in said column opposite the names on said lists whether any person applying for registration under any name on said lists who was challenged was allowed to register and the reason for allowing him to register. If a person applies for registration under any name on said challenge lists who is challenged and does not register then there shall be entered opposite such name in the aforesaid column headed "remarks" the words "challenged but did not register." If no person applies for registration under any name on said challenge lists then there shall be entered opposite each such name in the aforesaid column headed "remarks" the words "no application." Any duly accredited watcher shall have the right to examine such challenge list. On each day of registration the chairman of the board of registry shall make the challenges and the entries in the column headed "remarks" as heretofore provided. At the close of the last day of registration said challenge lists shall be signed and certified as true by each member of such board of registry and returned to the state superintendent of elections in a sealed envelope provided therefor by the said state superintendent. 2. After the last day of registration and before election day in each year the state superintendent of elections also shall prepare for each election district in the city of New York a challenge list containing the names, alphabetically arranged, and addresses of all persons registered in such district during said last preceding period of registration whom he shall have reason to believe, from investigation or otherwise, not to be entitled to vote at said election. Such challenge lists shall be delivered to the respective boards of inspectors in such city at least one-half hour before the opening of the polls of each election. It shall be the duty of the chairman of the respective boards of inspectors to challenge the vote of any person presenting himself to vote under any name on said challenge lists. Said challenge lists shall contain a column headed "remarks," and it shall be the duty of the chairmen of the respective boards of inspectors to enter in said column opposite the names on said lists whether any person applying to vote under any name on said lists who was challenged was allowed to vote and the reason for allowing him to vote. If a person applies to vote under any name on said challenge lists who is challenged and does not vote, then there shall be entered opposite such name in the aforesaid column headed "remarks" the words "challenged but did not vote." If no person applies to vote under any name on said challenge lists then there shall be noted opposite each such name in the aforesaid column headed "remarks" the words "no application." At the close of the polls said challenge lists shall be signed and certified as true by each member of such board of inspectors and returned to the state superintendent of elections in a sealed envelope provided therefor by the said state superintendent. 3. The state superintendent of elections shall prepare duplicates of all challenge lists provided for in this section and he shall keep said duplicate challenge lists on file in his office from the time of their preparation until the close of the third general election following the preparation of said challenge lists. The aforesaid original challenge lists shall also be kept on file for two years after the general election following their preparation. Derivation: L. 1905, ch. 689, § 1, amending L. 1898, ch. 676, § 11. § 487. Salaries and expenses. Repealed by L. 1921, ch. 555, in effect July 1, 1921. § 488. Report to governor. Repealed by L. 1921, ch. 555, in effect July 1, 1921. § 489. Authority of state superintendent of elections. Repealed by L. 1921, ch. 555, in effect July 1, 1921. L. 1921, ch. 555, § 2.-The office of state superintendent of elections is hereby abolished, together with all positions of the subordinates and employees thereof. The trustees of public buildings shall take possession of the books, papers, records and documents of such office and retain the custody thereof until otherwise provided by law. Such trustees also shall take possession of other property of the state heretofore used in connection with such office, wheresoever situate, and apply to the uses and purposes of state boards, departments, commissions and offices such portions thereof, as in their opinion, may be suitable therefor. §3. Any provisions of the election law, not included in the repealed sections, which direct the filing of any paper, record, report or book with the state superintendent of elections, by any board of elections or local officer, shall cease to have force and effect when this act takes effect. Any investigation by the police required by section one hundred and fifty-seven of such law shall be reported to the board of elections of the county, or of a city containing the county, in which the investigation is conducted and the report shall be open to public inspection at the office of such board. The investigation provided for in section twenty-five of the election law may be required by such board of elections, and if so required, the report thereof shall be filed with such board and shall be open to public inspection. Each board of elections also, throughout the year, by its members and subordinates, may make investigations pertaining to the citizenship, residence and other qualifications of persons registered as or claiming to be voters, within the county or city. In any such investigation, the board shall have the powers prescribed by section two hundred and nine of such law. Reports by lodging-house and hotel keepers provided for in section four hundred and eighty of such law also shall be made to such board. The powers vested by section four hundred and eighty-four of such law in the superintendent of elections shall hereafter be exercised by the police of the city in which the hotel, inn, lodginghouse or dwelling therein referred to is situated, or if it be situated outside of a city, such powers shall be exercised by the sheriff of the county. Any list, affidavit or report therein provided for also shall be made or filed with the captain of police of the city precinct in which such hotel, inn, lodginghouse or dwelling is situated, and elsewhere with such sheriff, as the case may be, and the punishments and penalties provided for by such section shall attach for a neglect to make or file such list, affidavit or report or for the making or filing of a false or incorrect list, affidavit or report. The card lists of registered electors and statements provided for by section four hundred and eighty-five of such law shall be supplied and the forms therefor approved by the secretary of state, and when filled out shall be filed with the board of elections of the county in which they are used. The challenge lists provided for in section four hundred and eighty-six shall be made by the board of elections and shall be returned by the various elections officers to such board. The board shall prepare such lists from reports of investigations made by the police and from its own investigations. |