N.Y. Education Law 2016 – Review of registration procedure by supreme court or county judge
§ 2016. Review of registration procedure by supreme court or county judge. 1. The supreme court or a justice thereof, or the county judge within the county in which the school district is wholly or partly situated, in a proceeding instituted by any qualified voter who, at the meeting of the board of registration provided for in section two thousand fourteen, made to the board of registration satisfactory proof that he was or would be entitled to vote at the meeting or election for which the board of registration was at such meeting convened to prepare a register, and to whom such registration had been refused by such board of registration shall, by order, compel the registration of such voter; and in a proceeding instituted by any qualified voter shall by order direct to be stricken from the register any names unlawfully thereon, and shall order such board of registration, if necessary, to reconvene for such purposes not less than two nor more than four days before the day of the meeting or election. Written notice of an application under this section must be given to the board of registration, by service thereof on two of the members thereof.
Terms Used In N.Y. Education Law 2016
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
2. Such court, justice or judge in a proceeding instituted by any qualified voter whose application to vote has been denied by the inspectors of election shall compel by order the reception of the vote within the hours established by law.
3. An affidavit by any officer or employee of the board of education or any police officer, sheriff or deputy sheriff that he or she visited the premises claimed by the applicant as his or her residence, and that he or she interrogated an incarcerated individual, housedweller, keeper or caretaker, owner, proprietor, or landlord thereof or therein, as to the applicant's residence therein or thereat, and that he or she was informed by one or more of such persons, naming them, that they knew the persons residing upon such premises and that the applicant did not reside upon such premises thirty days before the meeting or election shall be presumptive evidence against the right of the voter to register from such premises.