N.Y. Elec. Law § 3-107

Current through 2024 NY Law Chapter 443

Section 3-107 - Powers and duties of the state board of elections respecting elections and crimes against the elective franchise

Authority is hereby conferred upon the state board of elections to appoint a special investigator to take charge of the investigation of cases arising under the election law, and to appoint such additional special investigators and employees as it may deem necessary, and fix their compensation, within the limits of appropriation available therefor, and assign them to any election district or districts for the purpose of enforcing the provisions of the election law. Moneys appropriated for carrying out the provisions of this section shall be paid out of the state treasury on the audit and warrant of the comptroller upon the certificate of the state board.

Such special investigators shall, when directed by the state board of elections, investigate qualifications of persons to register or vote and violations of the election law. Any such special investigator may:

1. Visit and inspect any house, dwelling, building, inn, lodginghouse, boarding-house, rooming-house, or hotel and interrogate any incarcerated individual, house-dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein, as to any person or persons residing or claiming to reside therein or thereat.

2. Inspect and copy any books, records, papers or documents relating to or affecting the election or the registration of voters, or require the board or officer in charge thereof to furnish a copy of any such record, paper or document without charge.

3. Require any lodging-house, boarding-house or rooming-house keeper, landlord or proprietor to exhibit his register of the lodgers therein at any time to such special investigator.

4. Procure warrants of arrest and cause to be taken into custody the person or persons named in such process.

5. Go within the guard-rail at any polling place at any election.

Any such special investigator also shall have all of the powers of a peace officer as set forth in section 2.20 of the criminal procedure law, for the purpose of enforcing the provisions of this chapter.

Any person who neglects or refuses to furnish any information required by the election law or authorized herein, or to exhibit records, papers or documents herein authorized to be inspected or which are required to be exhibited, shall be guilty of a misdemeanor.

The state board or any of its special investigators shall have power to issue subpoenas or subpoenas duces tecum, administer oaths and examine witnesses under oath, for the purpose of investigating any matter within the jurisdiction herein prescribed for the purpose of aiding the state board in enforcing the provisions of the election law. Such subpoenas shall be issued in the name of the state board of elections. Such subpoenas may be served by any special investigator or by any police officer or peace officer who is acting pursuant to his special duties.

Any person who shall omit, neglect or refuse to obey a subpoena attested in the name of the state board of elections or who shall refuse to testify under or in pursuance thereof shall be guilty of a misdemeanor.

Any such special investigator may call upon any member of the police, sheriff, deputy sheriff, constable or other public officer, or any person, to assist him in carrying out the provisions of this section. Any such officer or person who shall fail to render the assistance so demanded or who shall wilfully hinder or delay such special investigator in the exercise of any power or the performance of any duty shall be guilty of a misdemeanor.

N.Y. Elec. Law § 3-107

Amended by New York Laws 2021, ch. 322, Sec. 2, eff. 8/2/2021.