State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-5 > 8-504

§  8-504.  Challenges;  of  voter  at  the  polling  place. 1. When an  applicant is challenged,  an  inspector  shall  administer  to  him  the  following  oath, which shall be known as "The preliminary oath": "You do  solemnly swear (or affirm) that you  will  make  true  answers  to  such  questions  as  may  be  put  to  you concerning your qualifications as a  voter". If the applicant shall refuse to take such oath he shall not  be  permitted to vote.    2.  If  the  applicant  shall take the preliminary oath, the inspector  shall ask the applicant such questions as may pertain to the reason  his  right  to  vote at such election in such district was challenged. If any  applicant shall refuse to answer fully any questions which may be put to  him, he shall not be permitted to vote.    3. After receiving the answers as above specified, of  any  applicant,  the  board  shall,  if  it believes the applicant to be qualified or the  challenge is withdrawn, permit him to vote. Otherwise, the  board  shall  point  out  to  him  the  qualifications, if any, in respect of which he  shall appear  deficient.  If,  after  such  deficiencies  have  been  so  indicated,  the  applicant  shall  persist  in  his  claim  to  vote, an  inspector shall administer to him the following  oath,  which  shall  be  known  as  "The  Qualification Oath": "You do swear (or affirm) that you  are eighteen years of age, that you are a citizen of the  United  States  and  that you have been a resident of this state, and of this county (of  the city of New York) (village) for  thirty  days  next  preceding  this  election,  that you still reside at the same address from which you have  been duly registered in this election district, that you have not  voted  at this election, and that you do not know of any reason why you are not  qualified  to vote at this election. You do further declare that you are  aware that it is a crime to make  any  false  statement.  That  all  the  statements  you  have  made  to  the  board  have been true and that you  understand that a false statement is perjury and you will be guilty of a  misdemeanor."    4. If the applicant shall be  challenged  for  the  causes  stated  in  section  three  of  article two of the constitution of this state, which  would  exclude  him  from  the  right  to  vote,  such  inspector  shall  administer to him the following additional oath, which shall be known as  "The Bribery Oath": "You do swear (or affirm) that you have not received  or offered, do not expect to receive, have not paid, offered or promised  to  pay or contributed, offered or promised to contribute to another, to  be paid or used; any money or any other valuable thing as a compensation  or reward for the giving or withholding of a vote at this election,  and  have  not made any promise to influence the giving or withholding of any  such vote, and that you have not made, or become directly or  indirectly  interested  in  any  bet  or  wager  depending  upon  the result of this  election."    5. If the applicant shall be challenged on the ground of  having  been  convicted  of  a  felony,  such  inspector  shall  administer to him the  following additional oath, which  shall  be  known  as  "The  Conviction  Oath": "You do swear (or affirm) that you have not been convicted of any  felony,  or if so convicted, that you have been pardoned, or restored to  all the rights of a citizen, or the  maximum  term  of  imprisonment  to  which  you  were sentenced has expired, or you have been discharged from  parole or your sentence has been suspended."    6. If the applicant shall be challenged on the ground of  having  been  adjudged  incompetent,  such  inspector  shall  administer  to  him  the  following additional oath, which shall be  known  as  "The  Incompetency  Oath":    "You  do  swear  (or  affirm)  that you have not been adjudged  incompetent by order of competent judicial authority, or if so adjudged,that you have since been adjudged competent which  fully  warrants  your  right to vote."    7.  If  any  person shall refuse to take any oath so tendered he shall  not be permitted to vote, but  if  he  shall  take  the  oath  or  oaths  tendered to him he shall be permitted to vote.    8. The inspectors shall enter the challenge date in the space reserved  therefor  on  the back of the voter's registration poll record and shall  make a record of each challenge on  the  challenge  report  as  required  herein.  Where  registration  poll  records  are  not  being  used,  the  inspectors shall in the remarks column for  the  election  opposite  the  name  of the voter enter a note of the challenge and shall make a record  of each challenge on the challenge report.

State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-5 > 8-504

§  8-504.  Challenges;  of  voter  at  the  polling  place. 1. When an  applicant is challenged,  an  inspector  shall  administer  to  him  the  following  oath, which shall be known as "The preliminary oath": "You do  solemnly swear (or affirm) that you  will  make  true  answers  to  such  questions  as  may  be  put  to  you concerning your qualifications as a  voter". If the applicant shall refuse to take such oath he shall not  be  permitted to vote.    2.  If  the  applicant  shall take the preliminary oath, the inspector  shall ask the applicant such questions as may pertain to the reason  his  right  to  vote at such election in such district was challenged. If any  applicant shall refuse to answer fully any questions which may be put to  him, he shall not be permitted to vote.    3. After receiving the answers as above specified, of  any  applicant,  the  board  shall,  if  it believes the applicant to be qualified or the  challenge is withdrawn, permit him to vote. Otherwise, the  board  shall  point  out  to  him  the  qualifications, if any, in respect of which he  shall appear  deficient.  If,  after  such  deficiencies  have  been  so  indicated,  the  applicant  shall  persist  in  his  claim  to  vote, an  inspector shall administer to him the following  oath,  which  shall  be  known  as  "The  Qualification Oath": "You do swear (or affirm) that you  are eighteen years of age, that you are a citizen of the  United  States  and  that you have been a resident of this state, and of this county (of  the city of New York) (village) for  thirty  days  next  preceding  this  election,  that you still reside at the same address from which you have  been duly registered in this election district, that you have not  voted  at this election, and that you do not know of any reason why you are not  qualified  to vote at this election. You do further declare that you are  aware that it is a crime to make  any  false  statement.  That  all  the  statements  you  have  made  to  the  board  have been true and that you  understand that a false statement is perjury and you will be guilty of a  misdemeanor."    4. If the applicant shall be  challenged  for  the  causes  stated  in  section  three  of  article two of the constitution of this state, which  would  exclude  him  from  the  right  to  vote,  such  inspector  shall  administer to him the following additional oath, which shall be known as  "The Bribery Oath": "You do swear (or affirm) that you have not received  or offered, do not expect to receive, have not paid, offered or promised  to  pay or contributed, offered or promised to contribute to another, to  be paid or used; any money or any other valuable thing as a compensation  or reward for the giving or withholding of a vote at this election,  and  have  not made any promise to influence the giving or withholding of any  such vote, and that you have not made, or become directly or  indirectly  interested  in  any  bet  or  wager  depending  upon  the result of this  election."    5. If the applicant shall be challenged on the ground of  having  been  convicted  of  a  felony,  such  inspector  shall  administer to him the  following additional oath, which  shall  be  known  as  "The  Conviction  Oath": "You do swear (or affirm) that you have not been convicted of any  felony,  or if so convicted, that you have been pardoned, or restored to  all the rights of a citizen, or the  maximum  term  of  imprisonment  to  which  you  were sentenced has expired, or you have been discharged from  parole or your sentence has been suspended."    6. If the applicant shall be challenged on the ground of  having  been  adjudged  incompetent,  such  inspector  shall  administer  to  him  the  following additional oath, which shall be  known  as  "The  Incompetency  Oath":    "You  do  swear  (or  affirm)  that you have not been adjudged  incompetent by order of competent judicial authority, or if so adjudged,that you have since been adjudged competent which  fully  warrants  your  right to vote."    7.  If  any  person shall refuse to take any oath so tendered he shall  not be permitted to vote, but  if  he  shall  take  the  oath  or  oaths  tendered to him he shall be permitted to vote.    8. The inspectors shall enter the challenge date in the space reserved  therefor  on  the back of the voter's registration poll record and shall  make a record of each challenge on  the  challenge  report  as  required  herein.  Where  registration  poll  records  are  not  being  used,  the  inspectors shall in the remarks column for  the  election  opposite  the  name  of the voter enter a note of the challenge and shall make a record  of each challenge on the challenge report.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-8 > Title-5 > 8-504

§  8-504.  Challenges;  of  voter  at  the  polling  place. 1. When an  applicant is challenged,  an  inspector  shall  administer  to  him  the  following  oath, which shall be known as "The preliminary oath": "You do  solemnly swear (or affirm) that you  will  make  true  answers  to  such  questions  as  may  be  put  to  you concerning your qualifications as a  voter". If the applicant shall refuse to take such oath he shall not  be  permitted to vote.    2.  If  the  applicant  shall take the preliminary oath, the inspector  shall ask the applicant such questions as may pertain to the reason  his  right  to  vote at such election in such district was challenged. If any  applicant shall refuse to answer fully any questions which may be put to  him, he shall not be permitted to vote.    3. After receiving the answers as above specified, of  any  applicant,  the  board  shall,  if  it believes the applicant to be qualified or the  challenge is withdrawn, permit him to vote. Otherwise, the  board  shall  point  out  to  him  the  qualifications, if any, in respect of which he  shall appear  deficient.  If,  after  such  deficiencies  have  been  so  indicated,  the  applicant  shall  persist  in  his  claim  to  vote, an  inspector shall administer to him the following  oath,  which  shall  be  known  as  "The  Qualification Oath": "You do swear (or affirm) that you  are eighteen years of age, that you are a citizen of the  United  States  and  that you have been a resident of this state, and of this county (of  the city of New York) (village) for  thirty  days  next  preceding  this  election,  that you still reside at the same address from which you have  been duly registered in this election district, that you have not  voted  at this election, and that you do not know of any reason why you are not  qualified  to vote at this election. You do further declare that you are  aware that it is a crime to make  any  false  statement.  That  all  the  statements  you  have  made  to  the  board  have been true and that you  understand that a false statement is perjury and you will be guilty of a  misdemeanor."    4. If the applicant shall be  challenged  for  the  causes  stated  in  section  three  of  article two of the constitution of this state, which  would  exclude  him  from  the  right  to  vote,  such  inspector  shall  administer to him the following additional oath, which shall be known as  "The Bribery Oath": "You do swear (or affirm) that you have not received  or offered, do not expect to receive, have not paid, offered or promised  to  pay or contributed, offered or promised to contribute to another, to  be paid or used; any money or any other valuable thing as a compensation  or reward for the giving or withholding of a vote at this election,  and  have  not made any promise to influence the giving or withholding of any  such vote, and that you have not made, or become directly or  indirectly  interested  in  any  bet  or  wager  depending  upon  the result of this  election."    5. If the applicant shall be challenged on the ground of  having  been  convicted  of  a  felony,  such  inspector  shall  administer to him the  following additional oath, which  shall  be  known  as  "The  Conviction  Oath": "You do swear (or affirm) that you have not been convicted of any  felony,  or if so convicted, that you have been pardoned, or restored to  all the rights of a citizen, or the  maximum  term  of  imprisonment  to  which  you  were sentenced has expired, or you have been discharged from  parole or your sentence has been suspended."    6. If the applicant shall be challenged on the ground of  having  been  adjudged  incompetent,  such  inspector  shall  administer  to  him  the  following additional oath, which shall be  known  as  "The  Incompetency  Oath":    "You  do  swear  (or  affirm)  that you have not been adjudged  incompetent by order of competent judicial authority, or if so adjudged,that you have since been adjudged competent which  fully  warrants  your  right to vote."    7.  If  any  person shall refuse to take any oath so tendered he shall  not be permitted to vote, but  if  he  shall  take  the  oath  or  oaths  tendered to him he shall be permitted to vote.    8. The inspectors shall enter the challenge date in the space reserved  therefor  on  the back of the voter's registration poll record and shall  make a record of each challenge on  the  challenge  report  as  required  herein.  Where  registration  poll  records  are  not  being  used,  the  inspectors shall in the remarks column for  the  election  opposite  the  name  of the voter enter a note of the challenge and shall make a record  of each challenge on the challenge report.