to vote, notwithstanding the provision of the Constitution that, for the purpose of voting, no person shall be deemed to have lost or gained a residence by reason of his presence or absence while employed in the service of the United States, is still, in each case, as it was before the adoption of this provision, one of domicile or residence to be decided upon all the circumstances of the case. Matter of Cunningham, (1904) 45 Misc. 206, 91 N. Y. Supp. 974.

It seems that the subsequent demolition of the building bona fide given as a residence does not invalidate the registration therefrom. People ex rel. Perry ⚫. Hagan, (1898) 25 Misc. 125.

8 164. Illiterate and disabled voters.

If, at any meeting for the registration of voters, any person entitled to be registered and of whom personal registration is required shall leclare to the board of inspectors at the time he applies for registration that he is unable to write by reason of illiteracy, or that he will be unable to prepare his ballot without assistance by reason of blindness, or of such degree of blindness as will prevent him, with the aid of glasses, from seeing the names printed upon the official ballot, loss of both hands, or such total inability of both hands that he can not use either hand for ordinary purposes, or that he will be unable to enter the voting booth without assistance by reason of disease or crippled condition, the nature of which he must specify, it shall be the duty of the said board of inspectors to administer an oath to such person in the following language, namely: "You do solemnly swear (or affirm) that you will be unable to prepare your ballot without assistance, because," and after the word "because," continuing with a statement of the specific disease or crippled condition assigned by the person as the cause of his alleged disability, and the said inspectors and each of them shall make a note upon the register of each instance in which such oath is administered, and of the cause or reason so assigned.

Derivation: Election Law, § 34, subd. 3.

Secrecy in voting does not require that the voter must so cast his ballot that none other than he may know for whom it is cast, to the extent of preventing the casting of the vote by an illiterate or disabled person. People ex rel. Klein v. McDonald, (1896) 52 N. Y. Supp. 898.

Physical disability oath should be in the language of the statute. Report of Atty.-Gen., (1893) 147.

Preparation of ballots by illiterate voters. Report of Atty.-Gen., (1905)

541.

§ 165. Change of residence within election district.

If any voter after being registered shall change his place of residence within the same election district, he may appear before the board of inspectors of such district on any day of registration, or on the day of election, and state under oath that he has so changed his residence, and the board of inspectors shall thereupon make the proper correction upon the register of such district.

Derivation: Election Law, § 34, subd. 4.

§ 166. Registration days not holidays.

No part of a day fixed for the registration of voters shall be deemed holiday so as to affect any meeting or proceeding of the board of inspectors for registration.

Derivation: Election Law, § 34, subd. 5.

§ 167. Preparation of challenge affidavits.

The secretary of state shall prepare and cause to be printed on good writing paper in book form wherever he deems it desirable for the best interests of the state, at least fifteen blank challenge affidavits for each election district in cities and at least ten such blanks for each election district outside of cities and shall transmit to each board of elections or other officer to whom or which he is required to deliver the register of voters, at the same time and in the same manner as such register of voters is transmitted, a sufficient number of such books of blank challenge affidavits as shall provide one such book for each board of inspectors in each county, and such officers shall transmit the said books to the respective boards of inspectors in the same manner and at the same time as the register of voters. The secretary of state shall also furnish to such board such additional number of such books of challenge affidavits and copies thereof, as hereinafter provided, as in his judgment shall be necessary to replace lost or damaged books and to provide extra books to any election district in which the supply may be exhausted during the registration of voters. Such extra books shall be furnished by such board to the inspectors upon application by the inspectors or any citizen.

Derivation: Election Law, § 34, pt. of subd. 6, as amended by L. 1899, ch. 630. § 8; L. 1901, ch. 544, § 1.

Amended by L. 1914, ch. 244, in effect Apr. 8, 1914.

Challenge affidavits are to be furnished, although there is no appropriation therefor. Report of Atty.-Gen., (1899) 278.

§ 168. Form of challenge affidavits.

Each challenge affidavit shall have a stub attached thereto and separated from such affidavit by a perforated line with a space on such stub for writing the name and the address of the challenged person, and both the stub and affidavit shall bear the same printed number and shall be numbered in consecutive order in each book, beginning with number one. Such challenge affidavit shall be printed in the following form, to wit:

Under what name are you known at that address?
Are you a householder?

What is the name of the householder with whom you reside?

What is the character of the house in which you reside? (By character is meant whether it is a hotel, lodging house, tenement, furnished room house, or private dwelling.)

How old are you?.

Where were you born?.

If naturalized, give name of court issuing and date of certificate

What is your occupation?.....

What is the name of your present employer?.

Where is his place of business?.

What is the name of your last employer?.

Where is or was the place of business?.
When did you last register or vote?...

From what address did you last register or vote?..
City or town....

Street and number..

How long have you been an inhabitant of this state?.

How long have you been a resident of this county?....

How long have you been a resident of this election district?...

Are you married or single?..

If married, where does your family reside?.

If single, where do your parents reside?.

How long do you contemplate residing in this election district?

Give place or places by street and number, the city, town or village of your residence or residences during the past four months.

Where did you actually reside immediately prior to taking up your present residence?

Have you been convicted of felony?.

If so, have you been pardoned and restored to all the rights of citizenship?

Have you made any bet or wager, or are you directly or indirectly interested in any bet or wager depending on the result of the next ensuing election?

Have you received or offered to receive, or do you expect to receive, any money or other valuable thing as a compensation or reward for registering or for giving your vote or refraining from voting at the next election? ...

Have you paid, offered or promised to pay, contributed, offered or promised to contribute, to another, to be paid or used, any money or other valuable thing, or made any promise, to influence the giving or withholding of any vote at the next ensuing election?..

I, the undersigned, do hereby solemnly swear (or affirm) that the answers to the above questions were given by me and that they are true answers to such questions.

(Signature of applicant.).

8 169

Height.

REGISTRATION OF VOTERS.

Weight..

Color...

Marks on face or hands.

Distinguishing marks

Description of applicant.

Color of hair....
Hair on face.

Kind of nose.

I, the undersigned, an inspector of election of the above designated election district, do hereby certify that the within named person did on this day personally appear before the board of inspectors of this election district and did make application to have his named enrolled upon the register of voters of this said election district; that he was challenged and was sworn by me and did make the answers set opposite the printed questions upon this affidavit and signed the same in my presence.

Dated this

Name....

Inspector of election

day of October, 19....
Residence.

(To be signed by the inspector administering oath to applicant.)

Witnesses.

Name...

Name.

Name.

Name of challenger.

Residence.

Residence.

. Residence.

Residence of challenger

"

Derivation: Election Law, 34, pt. of subd. 6, as amended by L. 1899, ch. 630, $8; L. 1901, ch. 544, § 1.

$169. Challenging applicants for registration.

1. Any person who applies personally to any board of inspectors for registration for any election may be challenged by any qualified elector present or by any qualified watcher present.

2. If such applicant be so challenged, or if any member of the board of inspectors shall have reason to suspect that such applicant is not entitled to have his name registered, the chairman of the board of inspectors or any member of such board is hereby authorized to and shall administer to such applicant the following oath: "You do solemnly swear (or affirm) that you will true answers make to the questions touching upon your qualifications as an elector and such other questions as may be put you tending to establish your identity," and one of the inspectors shall thereupon read to such challenged person each and every question printed upon the challenge affidavit provided for by section one hundred and sixty-eight and shall enter in ink opposite each question the answer thereto given by such applicant. The applicant shall subscribe his name to such challenge affidavit, which shall also be subscribed by the inspector administering the above oath and as witnesses by the other inspectors present, who shall certify over their names the fact that the applicant did apply for registration, that he was duly sworn, and that the answers set opposite the printed questions are the true answers given to such questions The inspectors shall also enter in by the challenged applicant.

the place provided on the challenge affidavit a description of the person challenged and the name and address of the person challenging. If the applicant shall by his answers satisfy a majority of the board of inspectors of his right to be registered, they shall register his name as an elector; if not, they shall point out to him the qualifications which he lacks as an elector and his name shall not be registered except as provided by section one hundred and fifty-three of this article, and upon any such proceeding the challenge affidavit of such applicant shall be submitted in evidence to such court, justice or judge. If the applicant. shall refuse to make oath to the questions put to him and the answers given thereto by him or shall refuse to answer any questions upon the challenge affidavit, his name shall not be placed upon the register, or if recorded thereon previous to his ascertained qualification as an elector, the inspectors shall enter in the remark column after such name the word "disqualified," and no person shall be allowed to vote on such name at the election. When the name of a person who has signed a challenge affidavit shall be registered, the inspectors shall enter in the column headed "remarks" on the register opposite such name the word "affidavit," giving the consecutive number printed on such affidavit.

DERIVATION: Election Law, § 34, pt. of subd. 6, as amended by L. 1899, ch. 630, 88; L. 1901, ch. 544, § 1.

AMENDED by L. 1910, chap. 428; L. 1911, chap. 649. In effect July 13, 1911. CONSOLIDATORS' NOTE.-The last sentence of the new section, relating to the entry of the word "affidavit " in the register in the old section followed what is now section 170, and is unchanged in substance. The sentence relating to false statements, here omitted, is placed in new section 184, with other provisions relating to penalties.

170. Investigation into truth of affidavits.

At the close of each day of registration the inspectors of election shall detach from the stubs the challenge affidavits signed by the persons challenged during the day and in cities shall deliver them to the police captainof the precinct in which the election district is located or to an officer thereof, and such police captain or commanding officer of such precinct shall immediately cause an investigation of the truth of such affidavit to be made, and if such investigation shall prove the same to be false in any particular affecting the right of the challenged person to register or vote, the said officer shall deliver the same to the district attorney of the county together with the evidence of the falsity of such affidavit and the district attorney shall forthwith present the same to the grand jury of such county. In elec tion districts outside of cities such affidavit shall be delivered by the inspectors to the sheriff of the county who shall proceed in like manner. Copies of all such challenge affidavits shall be mailed by the police or sheriff forthwith at the close of each day of registration to the State superintendent of elections who shall proceed in like manner.

Derivation: Election Law, § 34, pt. of subd 6, as amended by L. 1899, ch. 630, § 8; L. 1901, ch. 544, § 1.

Amended by L. 1911, ch. 649; L. 1915, ch. 678, in effect May 22, 1915. Consolidators' Note.-Two sentences are omitted after the matter in this section, and appear, the one at the end of section 169 and the other in § 172.