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Derivation: Formerly § 37. Renumbered and amended by L. 1911, ch. 891, § 18; amended by L. 1919, ch. 504, in effect Oct. 1, 1919. Originally revised from Primary Election Law, § 3, pt. of subd. 7, as amended by L. 1903, ch. 111, § 5; L. 1905, ch. 674, § 3, and L. 1907, ch. 744, § 1; L. 1908, ch. 456, § 6.

§ 17-a. Unofficial primaries in cities in the year nineteen hundred and eighteen.

Added by L. 1918, ch. 8, in effect Feb. 19, 1918.
Repealed by L. 1919, ch. 504, in effect Oct. 1, 1919.

18. Use of registers at official primaries.

The copy or copies of the register in which party enrollments are entered shall be used at all official primary elections, and shall be delivered, as provided in this chapter, to the proper boards of election inspectors immediately before the opening of the polls on each official primary day, and shall be returned to the custodian of primary records forthwith, after the completion of the canvass of the votes. Such enrollments, as entered in such register, shall go into effect on the first day of January following days of registration on which they are begun, and shall, with any addi tions or changes made as herein provided, remain in force until the first day of the following January, when they shall be superseded by the new registers, as herein provided.

Derivation: Formerly § 38. Renumbered and amended by L. 1911, ch. 891, § 19; amended by L. 1914, ch. 244; L. 1919, ch. 504, in effect Oct. 1, 1919. Originally revised from Primary Election Law, § 3, subd. 8.

§ 19. Right to enroll and vote at primaries.

No voter who has once enrolled in a political party shall be permitted to enroll in another political party before the first day of the next registration. Only voters enrolled as provided in this article shall be entitled to participate in the official primary elections of their respective parties. No voter shall take part in any primary election of any party other than the party in which he shall at the time be enrolled.

Derivation: Formerly § 39. Renumbered and amended by L. 1911, ch. 891, § 20, in effect Nov. 15, 1911. Originally revised from Primary Election Law, § 3, pt. of subd. 9.

Restrictions upon enrollment.- In an action by an elector where the complaint shows that the county committee of the party to which he belongs has assumed to delegate to boards in the respective districts and wards of the county, discretionary power to enroll and to strike from the rolls the names

of voters, and thereby prevent voters belonging to the party from voting at its primary election, such elector is threatened with an injury to his political rights which is beyond remedy, and an injunction pendente lite shall be granted. Brown v. Cole (1907), 54 Misc. 278, 104 N. Y. Supp. 109.

A member of a political party may maintain a suit to restrain a county committee of that party from carrying out an enrollment system promulgated by it, although he is not a member of the county committee. Brown v. Cole (1907), 54 Misc. 278, 104 N. Y. Supp. 109.

Who entitled to enroll, etc.- See note to Election Law, § 7.

§ 19-a. Special enrollment after moving.

If, after being enrolled as a member of a party in one election district, by original enrollment, a voter shall move into another election district in the same county, he may, at any time between the first day of February of any year and the thirtieth day before the annual primary day, become enrolled therein as a member of the same party by making an affidavit before any officer authorized by law to take the same and filing, or causing to be filed, with the custodian of primary records, such affidavit which shall specify the name of the party with which, and the election district in which he is enrolled, the street address from which said voter enrolled, if any, the election district into which he has moved and the street address of his residence therein, if any, and stating that he resides in the last mentioned election district, and desires to be enrolled therein as a member of such party. Except as hereinafter provided, upon the filing of such affidavit the custodian of primary records shall enroll the name of such voter in the copy or copies of the register used for party enrollments for the proper election district, specifying the district from which he is transferred and his new residence address, and shall also make a minute, opposite the entry of his name in the copy or copies of the register used for party enrollments of the election district from which he has removed, showing the election district to which his name is transferred. Provided, however, that in any city or village in which registration of electors is required to be personal, such voter shall appear before the custodian of primary records and deliver such affidavit in person and answer such questions concerning facts affecting his identity as such custodian may deem necessary. Such custodian shall compare the signature, if any, of the voter on the affidavit with his signature on the register of electors. If the voter be unable

to write, the custodian 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. In a city of over one million inhabitants, if the enrollment of a voter be transferred and if he be able to write, he shall also sign his name in the appropriate column of the register for the district to which he is transferred. In any county of the state, if such a transfer be made, all entries relating to the enrollment of the voter on the original registers, and relating both to registry and enrollment in a city of over one million inhabitants, shall be transcribed in the books for the election district to which he shall have moved. In any election district where personal registration is not required, the custodian of primary records may in his discretion in any case require the applicant to appear in person and answer such questions. Where an applicant for transfer is required either by the provisions of this section or by the custodian of primary records to appear in person, in any political subdivision of the state, such custodian shall not transfer the applicant's enrollment unless satisfied of his identity. Such transfer of enrollment shall be made but once during any year for which the original enrollment was made. Nothing contained in this section shall be deemed to qualify a person to vote at an official primary in the district to which his enrollment is transferred if he be not a resident of such district at the time of the primary and for thirty days theretofore, and he shall be subject to challenge as provided in section seventytwo.

Added by L. 1916, ch. 537; amended by L. 1919, ch. 504; L. 1920, ch. 880, in effect May 21, 1920.

§ 20. New or amended enrollment lists for changed districts. If in the interval between the days of registration and the day of the fall primary in the succeeding year, a new election district shall be created, or the boundaries of an election district shall be changed, and such change or the creation of such new district is to take effect within such interval, the custodian of primary records shall immediately prepare new enrollment lists for such district from the enrollment books of the districts covering any part of the same territory, which new enrollment lists shall be made upon register forms and shall include the "primary pollbook" section, if any, of the register, and shall be given the

proper descriptive number of the assembly district or ward, or designation of the town, and the descriptive number of the election district, within which they are to be used but shall in other respects be in the same form and exhibit the same facts as the registers then in force in the territory comprised within such new or changed district and shall contain the names of all the voters, as shown by the registers then in force in such territory, who are the enrolled voters of the respective political parties within, and who are shown by such books to be residents of such new or changed election district. If an election district, whose boundaries are not changed, be given a new number or become included in a different assembly district, ward or town, within such interval, such custodian, before the next official primary at which the registers for such new or changed election district may be used, shall appropriately change the descriptive number on such registers of the assembly district, ward and election district, or the designation of the town, as the case may be. In a city of over one million inhabitants, all original register entries shall be duplicated. The certificate of such custodian to the effect that such new enrollment lists or changed registers are true and correct and in conformity with this section shall be attached thereto. New enrollment lists, prepared pursuant to this section, shall supersede the enrollment lists in the registers then in force in such territory until a new enrollment therein takes effect under the other provisions of this article, and the custodian of primary records shall be charged with the same duties concerning the same, including the preparation of duplicate sets thereof or transcripts therefrom, as are provided in this article with respect to books containing enrollments begun on the days of registration. This section shall not be construed to authorize any person to vote in such new or changed district if he shall have ceased to reside in the territory thereof at the time of the preparation of such new books therefor or at the time he offers his vote at an official primary therein.

Former § 20 repealed by L. 1914, ch. 244; new § 20 added by L. 1916, ch. 537; amended by L. 1919, ch. 504, in effect Oct. 1, 1919.

§ 21. Enrollment entries to be public records; transcripts of enrollment.

The enrollment entries herein provided for and any declarations filed on enrollment shall be public records, and shall be open

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to inspection and copying at any time and by any person. shall be the duty of the custodian of primary records to certify to the correctness of any transcript of original enrollment entries, or of any part thereof, on the payment of one cent for every twenty names contained in the transcript. Wherever the custodian of primary records is a salaried officer, the fees received by him for certifying such transcripts shall be paid into the public treasury. Such a certified transcript, containing the name and showing the enrollment of any voter, shall be sufficient evidence of such enrollment. The custodian of primary records shall give to any voter enrolled as in this article provided, a certificate of enrollment, which shall specify the name of the party with which he is enrolled, the date of enrollment and the election district in which such voter is enrolled. Declarations and enrollment blanks filed 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; L. 1919, eh. 504, in effect Oct. 1, 1919. 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

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