State Codes and Statutes

Statutes > New-york > Eln > Article-17 > 17-102

§  17-102.  Misdemeanors at, or in connection with, primary elections,  caucuses, enrollment in political parties, committees, and  conventions.  Any person who:    1.  At  a  primary  election  or caucus of a party, wilfully votes, or  attempts to vote, without being entitled to do so, or votes, or attempts  to vote under any other name than his own or on the same day  more  than  once under his own name; or,    2.  Votes,  or  offers  to  vote, at a primary election or caucus of a  party, having voted at the primary  election  or  caucus  of  any  other  political  party  on  the  same  day, or being at the time enrolled in a  party other than the party at whose primary or caucus he votes or offers  to vote; or, who causes his name to be placed upon the rolls of a  party  organization  of  one  party  while  his  name  is  by  his  consent  or  procurement upon the rolls of a party organization of another party; or,    3. At a primary election or caucus, for the purpose of  affecting  the  result  thereof, votes or attempts to vote two or more ballots, or adds,  or attempts to add, any ballot to those lawfully cast,  by  fraudulently  introducing  the  same  into  the ballot box before or after the ballots  therein have been counted, or who adds to or mixes with, or attempts  to  add  to  or mix with, the ballots lawfully cast, another ballot or other  ballots before the votes have been counted or canvassed,  or  while  the  votes  are  being  counted  or  canvassed;  or at any time abstracts any  ballots lawfully cast, with intent to change the result of such election  or to change the count thereat in favor of or against any  person  voted  for  at such election, or to prevent the ballots being recounted or used  as evidence;  or  carries  away,  destroys,  loses,  conceals,  detains,  secretes,  mutilates,  or  attempts  to  carry  away,  destroy, conceal,  detain, secrete, or mutilate, any tally lists,  ballots,  ballot  boxes,  enrollment  books,  certificates  of  return,  or any official documents  provided for by the election law or otherwise by law, for the purpose of  affecting or invalidating the result of such election, or of  destroying  evidence;  or  in  any  manner  interferes with the officers holding any  primary election or conducting the canvass of the votes cast thereat, or  with voters lawfully exercising, or seeking to exercise, their right  of  voting at such primary election; or,    4.  For  the purpose of securing enrollment as a member of a political  party, or for the purpose of being allowed to vote at a primary election  or caucus as a member of a political party makes, deposits or files with  a board of inspectors, or with any public  officer  or  board,  a  false  declaration  of  party affiliation or wilfully makes a false declaration  of residence, either by an enrollment blank  or  otherwise,  or  falsely  answers  any  pertinent  question  asked  him  by  the board of election  inspectors, or by a member thereof; or,    5. Fraudulently or wrongfully does  any  act  tending  to  affect  the  result of any primary election, caucus or convention; or,    6.  Induces  or attempts to induce any poll clerk, election inspector,  election coordinator, or officer, clerk or  employee  of  the  board  of  elections  discharging  any  duty or performing any act required or made  necessary by the election law at a primary  election  or  in  connection  with  the  registration  or  enrollment  of  voters,  to  do  any act in  violation of his duty or in violation of the election law; or,    7. Directly or indirectly, by himself or  through  any  other  person,  pays,  or  offers  to  pay, money or other valuable thing, or promises a  place or position, or offers any other consideration or makes any  other  promise,  to  any  person,  to induce any voter to vote, or refrain from  voting, at a primary election or caucus, or convention, for  or  against  any  particular  person;  or does or offers to do, anything to hinder ordelay any elector from taking part in or voting at a primary election or  caucus; or,    8.  By  menace  or  other  unlawful  or  corrupt  means,  directly  or  indirectly, influences or attempts to influence, the vote of any  person  entitled  to  vote  at  a  primary election or caucus, or convention, or  obstructs such person in voting, or prevents him  from  voting  thereat;  or,    9.  Directly  or  indirectly,  by  himself  or through another person,  receives money or other valuable thing, or  a  promise  of  a  place  or  position,  before,  at,  or  after  any  primary  election or caucus, or  convention, for voting or refraining from  voting  for  or  against  any  person,  or  for voting or refraining from voting at a primary election,  caucus or convention; or,    10. Being an officer, teller, canvasser, or inspector,  at  a  primary  election or caucus, knowingly permits any fraudulent vote to be cast, or  knowingly receives and deposits in the ballot box any ballots offered by  any person not qualified to vote; or permits the removal of ballots from  the  polling  place before the close of the polls, or refuses to receive  ballots intended for the electors of the district, or refuses to deliver  to any elector ballots intended for the electors of the  district  which  have   been   delivered   to   the   board  of  inspectors,  or  permits  electioneering within the polling  place  or  within  one  hundred  feet  therefrom,  or  fails to keep order within the polling place, or permits  any person other than the inspectors, or other persons permitted by this  chapter to render assistance, to accompany  an  elector  into  a  voting  booth,  or enters the voting booth with any elector, except one entitled  to receive such assistance in the preparation of his ballot, or  permits  any  person,  other than a voter who has not voted, or a watcher to come  within the guard rail or removes or permits another to remove  any  mark  placed upon a ballot for its identification; or,    11.  Being  an  officer,  clerk or employee of the board of elections,  election inspector, poll clerk or election coordinator,  knowingly  puts  opposite  the  name  of  an elector in an enrollment book any enrollment  number other than the number opposite such name in the registration poll  records of such district, or knowingly delivers to or receives from  any  elector  on  the  day of registration an enrollment blank or envelope on  which is any other enrollment number than the one opposite his  name  in  such   registration  poll  records  or  knowingly  transcribes  from  an  enrollment blank to the  enrollment  books  any  refusal  to  enroll  or  enrollment  not indicated on the enrollment blank of the elector of such  district whose enrollment number appears on such  enrollment  blank,  or  refuses  or wilfully neglects to transcribe from any enrollment blank to  the  proper  enrollment  books  any  refusal  to  enroll  or  enrollment  indicated  on  the  enrollment  blank  of  such  an  elector, enrolls or  attempts to enroll as a member of a political  party  upon  any  of  the  enrollment  books,  any  person  not  qualified  to  enroll  as such, or  fraudulently enters thereupon  the  name  of  any  person  who  has  not  enrolled  as  a  member  of  any political party, or refuses or wilfully  neglects to enroll upon any of the enrollment  books  the  name  of  any  qualified  person  who  has  demanded  to  be  enrolled as a member of a  political party, or at any time strikes from any of the enrollment books  the name of any person duly enrolled, or at any time adds to any of  the  enrollment  books the name of any person not qualified to be enrolled as  a member of a political party, or the name of any person who in fact has  not enrolled as such; or makes  marks  upon,  mutilates,  carries  away,  conceals,  alters,  or  destroys  any  enrollment  blank  or  enrollment  envelope used or deposited by an elector on a day  of  registration  for  the  purpose of enrolling or refusing to enroll himself as a member of apolitical  party;  or  mutilates,  carries  away,  conceals,  alters  or  destroys, any statement or declaration made by a qualified voter for the  purpose of enrolling as a member of the party; or, prior to the close of  the  last meeting for registration in any year, mutilates, carries away,  conceals, alters,  or  destroys  any  enrollment  blanks  or  enrollment  envelopes not then delivered to electors; or,    12.  Being an officer, teller, canvasser, election inspector, clerk or  employee of the board  of  elections  or  any  officer  of  a  political  committee or a convention, wilfully omits, refuses or neglects to do any  act required by this chapter or otherwise by law, or violates any of the  provisions  of  the election law, or makes or attempts to make any false  canvass of the ballots cast at a primary election, caucus or convention,  or a false statement of the result of a  canvass  of  the  ballots  cast  thereat; or,    13.  Being an officer, clerk or employee of the board of elections, or  an officer of a political committee or  a  convention,  who  is  charged  with,  or  assumes,  the  duty  of compiling the roll of any convention,  wilfully includes in such roll the name of any person not  certified  to  be  elected  thereto  in  accordance  with the provisions of law, or who  wilfully omits from such roll the name of any person who is so certified  to be a delegate to such convention, is guilty of a misdemeanor.

State Codes and Statutes

Statutes > New-york > Eln > Article-17 > 17-102

§  17-102.  Misdemeanors at, or in connection with, primary elections,  caucuses, enrollment in political parties, committees, and  conventions.  Any person who:    1.  At  a  primary  election  or caucus of a party, wilfully votes, or  attempts to vote, without being entitled to do so, or votes, or attempts  to vote under any other name than his own or on the same day  more  than  once under his own name; or,    2.  Votes,  or  offers  to  vote, at a primary election or caucus of a  party, having voted at the primary  election  or  caucus  of  any  other  political  party  on  the  same  day, or being at the time enrolled in a  party other than the party at whose primary or caucus he votes or offers  to vote; or, who causes his name to be placed upon the rolls of a  party  organization  of  one  party  while  his  name  is  by  his  consent  or  procurement upon the rolls of a party organization of another party; or,    3. At a primary election or caucus, for the purpose of  affecting  the  result  thereof, votes or attempts to vote two or more ballots, or adds,  or attempts to add, any ballot to those lawfully cast,  by  fraudulently  introducing  the  same  into  the ballot box before or after the ballots  therein have been counted, or who adds to or mixes with, or attempts  to  add  to  or mix with, the ballots lawfully cast, another ballot or other  ballots before the votes have been counted or canvassed,  or  while  the  votes  are  being  counted  or  canvassed;  or at any time abstracts any  ballots lawfully cast, with intent to change the result of such election  or to change the count thereat in favor of or against any  person  voted  for  at such election, or to prevent the ballots being recounted or used  as evidence;  or  carries  away,  destroys,  loses,  conceals,  detains,  secretes,  mutilates,  or  attempts  to  carry  away,  destroy, conceal,  detain, secrete, or mutilate, any tally lists,  ballots,  ballot  boxes,  enrollment  books,  certificates  of  return,  or any official documents  provided for by the election law or otherwise by law, for the purpose of  affecting or invalidating the result of such election, or of  destroying  evidence;  or  in  any  manner  interferes with the officers holding any  primary election or conducting the canvass of the votes cast thereat, or  with voters lawfully exercising, or seeking to exercise, their right  of  voting at such primary election; or,    4.  For  the purpose of securing enrollment as a member of a political  party, or for the purpose of being allowed to vote at a primary election  or caucus as a member of a political party makes, deposits or files with  a board of inspectors, or with any public  officer  or  board,  a  false  declaration  of  party affiliation or wilfully makes a false declaration  of residence, either by an enrollment blank  or  otherwise,  or  falsely  answers  any  pertinent  question  asked  him  by  the board of election  inspectors, or by a member thereof; or,    5. Fraudulently or wrongfully does  any  act  tending  to  affect  the  result of any primary election, caucus or convention; or,    6.  Induces  or attempts to induce any poll clerk, election inspector,  election coordinator, or officer, clerk or  employee  of  the  board  of  elections  discharging  any  duty or performing any act required or made  necessary by the election law at a primary  election  or  in  connection  with  the  registration  or  enrollment  of  voters,  to  do  any act in  violation of his duty or in violation of the election law; or,    7. Directly or indirectly, by himself or  through  any  other  person,  pays,  or  offers  to  pay, money or other valuable thing, or promises a  place or position, or offers any other consideration or makes any  other  promise,  to  any  person,  to induce any voter to vote, or refrain from  voting, at a primary election or caucus, or convention, for  or  against  any  particular  person;  or does or offers to do, anything to hinder ordelay any elector from taking part in or voting at a primary election or  caucus; or,    8.  By  menace  or  other  unlawful  or  corrupt  means,  directly  or  indirectly, influences or attempts to influence, the vote of any  person  entitled  to  vote  at  a  primary election or caucus, or convention, or  obstructs such person in voting, or prevents him  from  voting  thereat;  or,    9.  Directly  or  indirectly,  by  himself  or through another person,  receives money or other valuable thing, or  a  promise  of  a  place  or  position,  before,  at,  or  after  any  primary  election or caucus, or  convention, for voting or refraining from  voting  for  or  against  any  person,  or  for voting or refraining from voting at a primary election,  caucus or convention; or,    10. Being an officer, teller, canvasser, or inspector,  at  a  primary  election or caucus, knowingly permits any fraudulent vote to be cast, or  knowingly receives and deposits in the ballot box any ballots offered by  any person not qualified to vote; or permits the removal of ballots from  the  polling  place before the close of the polls, or refuses to receive  ballots intended for the electors of the district, or refuses to deliver  to any elector ballots intended for the electors of the  district  which  have   been   delivered   to   the   board  of  inspectors,  or  permits  electioneering within the polling  place  or  within  one  hundred  feet  therefrom,  or  fails to keep order within the polling place, or permits  any person other than the inspectors, or other persons permitted by this  chapter to render assistance, to accompany  an  elector  into  a  voting  booth,  or enters the voting booth with any elector, except one entitled  to receive such assistance in the preparation of his ballot, or  permits  any  person,  other than a voter who has not voted, or a watcher to come  within the guard rail or removes or permits another to remove  any  mark  placed upon a ballot for its identification; or,    11.  Being  an  officer,  clerk or employee of the board of elections,  election inspector, poll clerk or election coordinator,  knowingly  puts  opposite  the  name  of  an elector in an enrollment book any enrollment  number other than the number opposite such name in the registration poll  records of such district, or knowingly delivers to or receives from  any  elector  on  the  day of registration an enrollment blank or envelope on  which is any other enrollment number than the one opposite his  name  in  such   registration  poll  records  or  knowingly  transcribes  from  an  enrollment blank to the  enrollment  books  any  refusal  to  enroll  or  enrollment  not indicated on the enrollment blank of the elector of such  district whose enrollment number appears on such  enrollment  blank,  or  refuses  or wilfully neglects to transcribe from any enrollment blank to  the  proper  enrollment  books  any  refusal  to  enroll  or  enrollment  indicated  on  the  enrollment  blank  of  such  an  elector, enrolls or  attempts to enroll as a member of a political  party  upon  any  of  the  enrollment  books,  any  person  not  qualified  to  enroll  as such, or  fraudulently enters thereupon  the  name  of  any  person  who  has  not  enrolled  as  a  member  of  any political party, or refuses or wilfully  neglects to enroll upon any of the enrollment  books  the  name  of  any  qualified  person  who  has  demanded  to  be  enrolled as a member of a  political party, or at any time strikes from any of the enrollment books  the name of any person duly enrolled, or at any time adds to any of  the  enrollment  books the name of any person not qualified to be enrolled as  a member of a political party, or the name of any person who in fact has  not enrolled as such; or makes  marks  upon,  mutilates,  carries  away,  conceals,  alters,  or  destroys  any  enrollment  blank  or  enrollment  envelope used or deposited by an elector on a day  of  registration  for  the  purpose of enrolling or refusing to enroll himself as a member of apolitical  party;  or  mutilates,  carries  away,  conceals,  alters  or  destroys, any statement or declaration made by a qualified voter for the  purpose of enrolling as a member of the party; or, prior to the close of  the  last meeting for registration in any year, mutilates, carries away,  conceals, alters,  or  destroys  any  enrollment  blanks  or  enrollment  envelopes not then delivered to electors; or,    12.  Being an officer, teller, canvasser, election inspector, clerk or  employee of the board  of  elections  or  any  officer  of  a  political  committee or a convention, wilfully omits, refuses or neglects to do any  act required by this chapter or otherwise by law, or violates any of the  provisions  of  the election law, or makes or attempts to make any false  canvass of the ballots cast at a primary election, caucus or convention,  or a false statement of the result of a  canvass  of  the  ballots  cast  thereat; or,    13.  Being an officer, clerk or employee of the board of elections, or  an officer of a political committee or  a  convention,  who  is  charged  with,  or  assumes,  the  duty  of compiling the roll of any convention,  wilfully includes in such roll the name of any person not  certified  to  be  elected  thereto  in  accordance  with the provisions of law, or who  wilfully omits from such roll the name of any person who is so certified  to be a delegate to such convention, is guilty of a misdemeanor.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-17 > 17-102

§  17-102.  Misdemeanors at, or in connection with, primary elections,  caucuses, enrollment in political parties, committees, and  conventions.  Any person who:    1.  At  a  primary  election  or caucus of a party, wilfully votes, or  attempts to vote, without being entitled to do so, or votes, or attempts  to vote under any other name than his own or on the same day  more  than  once under his own name; or,    2.  Votes,  or  offers  to  vote, at a primary election or caucus of a  party, having voted at the primary  election  or  caucus  of  any  other  political  party  on  the  same  day, or being at the time enrolled in a  party other than the party at whose primary or caucus he votes or offers  to vote; or, who causes his name to be placed upon the rolls of a  party  organization  of  one  party  while  his  name  is  by  his  consent  or  procurement upon the rolls of a party organization of another party; or,    3. At a primary election or caucus, for the purpose of  affecting  the  result  thereof, votes or attempts to vote two or more ballots, or adds,  or attempts to add, any ballot to those lawfully cast,  by  fraudulently  introducing  the  same  into  the ballot box before or after the ballots  therein have been counted, or who adds to or mixes with, or attempts  to  add  to  or mix with, the ballots lawfully cast, another ballot or other  ballots before the votes have been counted or canvassed,  or  while  the  votes  are  being  counted  or  canvassed;  or at any time abstracts any  ballots lawfully cast, with intent to change the result of such election  or to change the count thereat in favor of or against any  person  voted  for  at such election, or to prevent the ballots being recounted or used  as evidence;  or  carries  away,  destroys,  loses,  conceals,  detains,  secretes,  mutilates,  or  attempts  to  carry  away,  destroy, conceal,  detain, secrete, or mutilate, any tally lists,  ballots,  ballot  boxes,  enrollment  books,  certificates  of  return,  or any official documents  provided for by the election law or otherwise by law, for the purpose of  affecting or invalidating the result of such election, or of  destroying  evidence;  or  in  any  manner  interferes with the officers holding any  primary election or conducting the canvass of the votes cast thereat, or  with voters lawfully exercising, or seeking to exercise, their right  of  voting at such primary election; or,    4.  For  the purpose of securing enrollment as a member of a political  party, or for the purpose of being allowed to vote at a primary election  or caucus as a member of a political party makes, deposits or files with  a board of inspectors, or with any public  officer  or  board,  a  false  declaration  of  party affiliation or wilfully makes a false declaration  of residence, either by an enrollment blank  or  otherwise,  or  falsely  answers  any  pertinent  question  asked  him  by  the board of election  inspectors, or by a member thereof; or,    5. Fraudulently or wrongfully does  any  act  tending  to  affect  the  result of any primary election, caucus or convention; or,    6.  Induces  or attempts to induce any poll clerk, election inspector,  election coordinator, or officer, clerk or  employee  of  the  board  of  elections  discharging  any  duty or performing any act required or made  necessary by the election law at a primary  election  or  in  connection  with  the  registration  or  enrollment  of  voters,  to  do  any act in  violation of his duty or in violation of the election law; or,    7. Directly or indirectly, by himself or  through  any  other  person,  pays,  or  offers  to  pay, money or other valuable thing, or promises a  place or position, or offers any other consideration or makes any  other  promise,  to  any  person,  to induce any voter to vote, or refrain from  voting, at a primary election or caucus, or convention, for  or  against  any  particular  person;  or does or offers to do, anything to hinder ordelay any elector from taking part in or voting at a primary election or  caucus; or,    8.  By  menace  or  other  unlawful  or  corrupt  means,  directly  or  indirectly, influences or attempts to influence, the vote of any  person  entitled  to  vote  at  a  primary election or caucus, or convention, or  obstructs such person in voting, or prevents him  from  voting  thereat;  or,    9.  Directly  or  indirectly,  by  himself  or through another person,  receives money or other valuable thing, or  a  promise  of  a  place  or  position,  before,  at,  or  after  any  primary  election or caucus, or  convention, for voting or refraining from  voting  for  or  against  any  person,  or  for voting or refraining from voting at a primary election,  caucus or convention; or,    10. Being an officer, teller, canvasser, or inspector,  at  a  primary  election or caucus, knowingly permits any fraudulent vote to be cast, or  knowingly receives and deposits in the ballot box any ballots offered by  any person not qualified to vote; or permits the removal of ballots from  the  polling  place before the close of the polls, or refuses to receive  ballots intended for the electors of the district, or refuses to deliver  to any elector ballots intended for the electors of the  district  which  have   been   delivered   to   the   board  of  inspectors,  or  permits  electioneering within the polling  place  or  within  one  hundred  feet  therefrom,  or  fails to keep order within the polling place, or permits  any person other than the inspectors, or other persons permitted by this  chapter to render assistance, to accompany  an  elector  into  a  voting  booth,  or enters the voting booth with any elector, except one entitled  to receive such assistance in the preparation of his ballot, or  permits  any  person,  other than a voter who has not voted, or a watcher to come  within the guard rail or removes or permits another to remove  any  mark  placed upon a ballot for its identification; or,    11.  Being  an  officer,  clerk or employee of the board of elections,  election inspector, poll clerk or election coordinator,  knowingly  puts  opposite  the  name  of  an elector in an enrollment book any enrollment  number other than the number opposite such name in the registration poll  records of such district, or knowingly delivers to or receives from  any  elector  on  the  day of registration an enrollment blank or envelope on  which is any other enrollment number than the one opposite his  name  in  such   registration  poll  records  or  knowingly  transcribes  from  an  enrollment blank to the  enrollment  books  any  refusal  to  enroll  or  enrollment  not indicated on the enrollment blank of the elector of such  district whose enrollment number appears on such  enrollment  blank,  or  refuses  or wilfully neglects to transcribe from any enrollment blank to  the  proper  enrollment  books  any  refusal  to  enroll  or  enrollment  indicated  on  the  enrollment  blank  of  such  an  elector, enrolls or  attempts to enroll as a member of a political  party  upon  any  of  the  enrollment  books,  any  person  not  qualified  to  enroll  as such, or  fraudulently enters thereupon  the  name  of  any  person  who  has  not  enrolled  as  a  member  of  any political party, or refuses or wilfully  neglects to enroll upon any of the enrollment  books  the  name  of  any  qualified  person  who  has  demanded  to  be  enrolled as a member of a  political party, or at any time strikes from any of the enrollment books  the name of any person duly enrolled, or at any time adds to any of  the  enrollment  books the name of any person not qualified to be enrolled as  a member of a political party, or the name of any person who in fact has  not enrolled as such; or makes  marks  upon,  mutilates,  carries  away,  conceals,  alters,  or  destroys  any  enrollment  blank  or  enrollment  envelope used or deposited by an elector on a day  of  registration  for  the  purpose of enrolling or refusing to enroll himself as a member of apolitical  party;  or  mutilates,  carries  away,  conceals,  alters  or  destroys, any statement or declaration made by a qualified voter for the  purpose of enrolling as a member of the party; or, prior to the close of  the  last meeting for registration in any year, mutilates, carries away,  conceals, alters,  or  destroys  any  enrollment  blanks  or  enrollment  envelopes not then delivered to electors; or,    12.  Being an officer, teller, canvasser, election inspector, clerk or  employee of the board  of  elections  or  any  officer  of  a  political  committee or a convention, wilfully omits, refuses or neglects to do any  act required by this chapter or otherwise by law, or violates any of the  provisions  of  the election law, or makes or attempts to make any false  canvass of the ballots cast at a primary election, caucus or convention,  or a false statement of the result of a  canvass  of  the  ballots  cast  thereat; or,    13.  Being an officer, clerk or employee of the board of elections, or  an officer of a political committee or  a  convention,  who  is  charged  with,  or  assumes,  the  duty  of compiling the roll of any convention,  wilfully includes in such roll the name of any person not  certified  to  be  elected  thereto  in  accordance  with the provisions of law, or who  wilfully omits from such roll the name of any person who is so certified  to be a delegate to such convention, is guilty of a misdemeanor.