for any general election, as provided in section one hundred and fifty of this article, the inspectors shall place upon the register the names of all persons who voted at the last preceding general election, as shown by the register or poll book of such election, except the names of such voters as are proven to the satisfaction of such inspectors to have ceased to be voters in such district since such general election. They shall also place upon the register at their first and second meetings the names of all other persons who then appear before such inspectors and apply for registration and who are or will be, at the election for which the registration is made, qualified electors, and also, at their first and second 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. Derivation: Election Law, § 33, subd. 2, as renumbered by L. 1899, ch. 630,

§ 7.

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

The name of a voter appearing upon a new register will not be stricken therefrom merely because his place of residence is not stated, for he cannot be deprived of his constitutional right to vote because the board of inspectors failed to perform a clerical duty in filling in his place of residence. Matter of Matthews (1911), 143 App. Div. 561.

Section 159 of the Election Law makes it the duty of the board of registration in districts where personal registration is not necessary to place upon the register the names of all persons who voted at the last preceding general election as shown by the register of such election, and it is presumed that they performed their statutory duty in this respect. Matter of Matthews (1911), 143 App. Div. 561.

Whatever is necessary to render effective any provision of a Constitution, whether it is a grant, restriction or prohibition, must be deemed implied and intended in the provision itself. Hence, when the Constitution provides that certain voters "shall not be required to apply in person for registration at the first meeting of the " inspectors, it is implied that the legislature is prohibited from passing any statute to the contrary, because that implication is necessary to render the provision effective. Matter of Fraser v. Brown (1911), 203 N. Y. 137.

The legislature exceeded its power in providing that all voters residing outside of cities or villages with a population of five thousand or more whose names do not appear on the poll book of the last general election shall apply in person in order to be registered, and the attempt to impose this requirement, as made by section 6 of chapter 649 of the Laws of 1911, is unconstitutional and void. Matter of Fraser v. Brown (1911), 203 N. Y. 137. See also Matter of Danniels (1911), 74 Misc. 485. Duty of inspectors to act independently of formal application.-Under the provision of this section that at the first meeting for registration in any district where only two meetings are held the board of election inspectors shall place upon the registry the names of all voters at the last election and the names of all persons then entitled to vote, it is the duty of the inspectors to act independently of any formal application by a voter and to register his name; and their failure so to do cannot prejudice his rights but an order may be granted compelling them to do so. Matter of Danniels (1911), 74 Misc. 485.

Constitutionality. The provisions of this section, as amended by L. 1913, ch. 820, requiring proof by the affidavits of himself and two qualified electors, in the form prescribed, as the condition of the registration of an elector, without his personal appearance at the first meeting of the registry board in districts outside a city or village having five thousand inhabitants or more, are violative of § 4, art. 2 of the constitution. Matter of Rupert v. Rees (1914), 212 N. Y. 514, rev'g 164 App. Div. 922.

§ 160. Registration for other than general elections.

At the meeting of the board of inspectors in a city or village having five thousand inhabitants or more, for revising and correcting the register for any election other than a general election, the inspector shall retain upon the register of their respective districts the names of all persons qualified to vote at such election in such district which appear upon the register of electors for the last pre coding general election in such election district, except the names of such electors as are proven to the satisfaction of the inspectors to have ceased to be electors of such district since their names were placed upon such register, and shall, at such meeting, add only to such register the names of the persons qualified as electors who shall personally appear before the board. If, however, such elector resides within such election district but without the limits of such village, his name shall be placed upon such register, if it is shown to the satisfaction of such board that he is entitled to vote therein.

In cities any elector who was registered in an election district of such city at the last preceding general election, and who since that time shall have removed into another election district in the same city, and who is otherwise qualified to vote at such special election, shall, upon demand, receive from the board of inspectors of the district in which he was registered for such last preceding general

election a certificate duly signed by the said board of the fact that his name was upon such register and has been erased therefrom because of such removal, and his name shall thereupon be erased from such register. Upon presentation of such certificate by the elector to the board of inspectors of the election district in which he resides, his name shall be placed upon the register for such district. The inspectors must note upon the register opposite the name of such elector the fact of such removal, specifying the election district from which he has removed. They shall carefully attach such certificate to the register.

In a city of one million inhabitants or over any elector who was registered in an election district of such city at the last preceding general election, and who since that time shall have moved into another election district in the same city, and who is otherwise qualified to vote at such special election, may at any time between the issuance of the proclamation calling for such special election and the second Saturday preceding such special election personally file with the branch office of the board of elections in the borough where the elector resides an affidavit which shall specify the county, assembly district, election district and street address in which he is registered, and the county, assembly district, election district and street address into which he has moved, stating that he resides at the last mentioned address and desires to be registered therefrom. Except as hereinafter provided, upon the filing of such affidavit the board of elections shall thereupon register the name of the elector on the registers of electors for the proper election district, specifying in the remark columns of such registers the districts and locality from which such elector is transferred. At the same time the elector's registration shall be stricken from the registers of the election district where the elector formerly resided, specifying in the remark columns the district to which such elector's name has been transferred. Provided, however, that such voter shall appear before the board of elections and answer such questions concerning facts relating to his identity as such board may deem necessary. Such board shall compare the signature, if any, on the affidavit with his signature on the register of the electors. If the voter be unable to write, the board 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. The applicant shall also sign his name in the appropriate column of the register for the district to which his name is transferred. All entries relating to both the enrollment and registration of the elector shall be transcribed in the registers of the district to which he is transferred. The board of elections shall not transfer any applicant's registration unless satisfied of the identity of the applicant. In any such city, the

revision and correction of the registers shall be done by the board of elections of such city, which shall have the powers and duties of a board of election inspectors with respect to adding names to or striking names from the registers as prescribed in this section. No elector shall cause his name to be placed upon the register of an eleetion district for any election other than a general election, while his name shall appear upon the register of another district to be used at such election. Any person who shall violate this provision is guilty of a felony, and upon conviction shall be punished by imprisonment in a state prison for not less than two nor more than five years.

In all election districts other than in cities or in yillages of five thousand inhabitants or more, the board of inspectors in preparing for an election other than a general election shall add to the register for the last preceding general election the names of such electors as they know are or are satisfied by proof will be on the day of such election entitled to vote thereat, and shall strike therefrom the names of all persons who are known or are proven to their satisfaction to have ceased to be qualified electors of such election district. Derivation: Election Law, § 33, pt. of subd. 3, as renumbered by L. 1899, ch. 630, §.7.

Amended by L. 1911, ch. 649; L. 1920, ch. 876, in effect May 21, 1920. Consolidators' note.-On the presentation of a certificate of removal from one district to another, subdivision 3 required the inspectors to note on the register the fact of such certificate of removal;" the intent is to require notation of the fact of removal, and "certificate of " has been omitted.

Registration for special election by elector who has moved.-An elector who has removed from the election district in which he registered for the last general election, and who now lives in an election district in which a special election is to be held in order to become entitled to vote at his new residence should apply to the board of inspectors of the district from which he removed. Rept. of Atty-Gen. (1907), 482.

§ 161. Registration for town or village elections.

No registration of voters shall be required for town or village elections, except as provided in the village law, and except that when a town or village election is held at the same time with a general election all voters in such town or village to be entitled to vote at such town or village election must be registered as provided by law for the registration of voters for any general election in such town or village.

Derivation: Election Law, § 33, pt. of subd. 3, as renumbered by L. 1899, ch. 630, §7; also § 34, subd. 11, as added by L. 1902, ch. 405, § 2. Amended by L. 1910, ch. 424, in effect June 8, 1910.

Cross-references.-Town meetings and elections. See part 8, post, Village elections. See part 9, post.

Registration is not required as a prerequisite for voting at a special town meeting held pursuant to an order of a court or judge for the resubmission of questions under section 13 of the Liquor Tax Law. Rept. of Atty.-Gen., Feb. 8, 1912.

§ 162. Qualifications of voters.

A person is a qualified voter in any election district for the purpose of having his or her name placed on the register if he or she is or will be on the day of election qualified to vote at the election for which such registration, is made. A qualified voter is a citizen who is or will be on the day of election twenty-one years of age, and who has been an inhabitant of the state for one year next preceding the election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he or she offers his or her vote. If a naturalized citizen, such person must, in addition to the foregoing provisions, have been naturalized at least ninety days prior to the day of election, or, if a citizen by marriage, must have been an inhabitant of the United States for five years prior to such day.

Derivation: Election Law, § 34, subd. 1.

Amended by L. 1913, ch. 821; L. 1915, ch. 678; L. 1918, ch. 8, in effect Feb. 19, 1918.

Cross-References. · - Qualifications generally. See N. Y. Const., art. 2, § 1 (part 2, post). As to persons excluded from right of suffrage, see N. Y. Const., art. 2, § 2 (part 2, post). Certain occupations and conditions not to affect residence of voters. N. Y. Const., art. 2, § 3 (part 2, post). Voting after conviction of infamous crime. Penal Law, § 765 (part 5, post). Buying or selling votes. Penal Law, §§ 768-770 (part 5, post). Voting by inhabitant of another State or country and illegal voting generally. Penal Law, § 765 (part 5, post). Furnishing money or entertainment to induce attendance at polls. Penal Law, § 767 (part 5, post). For United States statutes relating to citizenship, naturalization, the elective franchise and crimes against the elective franchise, see part 3, post. When women qualified to vote. Town. Law, § 55 (part 8, post).

A "voting residence" as distinguished from the place where one actually and habitually dwells, is not recognized by the law. It is the fixed and permanent home of the elector from which the Election Law contemplates that the elector will register and vote. People ex rel. Driscoll v. Bender (1913), 82 Misc. 671, 674.

The residence of a person for the purpose of registering depends, not upon a mere exercise of his will, but upon his purpose as evidenced by his conduct. There is no such thing as a voting residence as distinguished from an actual residence, and the word "residence" as used in the Election Law and in the Constitution is synonymous with "domicile." A man's residence for the purpose of voting is his domicile his permanent home, although, it seems, a man may have two homes and two residence, and may elect which shall be his residence for the purposes of his political rights, but he cannot be a political resident of both domiciles. So a person who owns a saloon where he originally resided but from which he has removed, and who has established a domicile for himself and family in another place, cannot continue to register from the saloon, although he may occasionally go to the saloon and sleep in it. But a person who owns a house in which he originally resided and which he now rents to tenants, can continue to register from such house, although he is employed as caretaker of a cemetery and occupies the caretaker's house within the cemetery grounds, for the latter residence is not permanent and depends upon the duration of his employment. A person who has once had a domicile may retain the same for voting purposes until he gains a new domicile elsewhere. Matter of Rooney (1916), 172 App. Div. 274, 159 N. Y. Supp. 132. Right to vote is subject to regulations lawfully prescribed by the legislature. People ex rel. Nichols v. Board of Canvassers (1892), 129 N. Y. 401.

The voting residence of a married woman is that of her husband, unless for good and legal reasons they are permanently separated. Opinion of Atty.Gen., May 10, 1918.

Women are not qualified generally. People v. Barber (1888), 48 Hen 193. Nor qualified to vote for school commissioner. Matter of Gage (1894), 141 N. Y. 112.

The age of twenty-one is completed on the beginning of the day preceding the anniversary of a person's birth. Reports of Atty.-Gen. (1897), 301; (1898) 283. Deserter. In construing an act of Congress, the court held that if the act deprive a deserter of the right to vote his vote could only be rejected upon proof by duly authenticated record of the conviction. Goetcheus v. Matthewson (1875), 61 N. Y. 420. Proper place to vote. Report of Atty.-Gen. (1902), Computation of time for determining legal residence. Report of Atty.-Gen. (1904), 452.

Inmate of county house. 324.

Convicts on parole cannot vote. Report of Atty.-Gen. (1905), 490. Location of polling-place outside of election district does not prevent voters of district voting thereat under constitutional provision that voter must vote "in the election district of which he shall at the time be a resident, and not elsewhere." People ex rel. Lardner v. Carson (1898), 155 N. Y. 491, aff'g 86 Hun, 617, 35 N. Y. Supp. 1114, 10 Misc. 237, 30 N. Y. Supp. 817.

The right of citizenship and that of suffrage are separate rights. The latter is not coextensive with the former, but is rather to be deemed a privilege which the citizen cannot exercise unless he shows himself possessed of the necessary qualifications. People ex rel. Juarbe v. Inspectors of 24th Election District (1900), 32 Misc. 584, 67 N. Y. Supp. 236.

The facts that a native of Porto Rico, never naturalized under our laws, did not preserve his allegiance to Spain, but sought to adopt the nationality of the United States and served with its army of occupation during the war, do not entitle him to be registered in the State of New York as a qualified voter, as that clause of the treaty of peace with Spain which provides that the civil right and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by Congress "