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This entry was published on 2021-08-13
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SECTION 3-107
Powers and duties of the state board of elections respecting elections and crimes against the elective franchise
Election (ELN) CHAPTER 17, ARTICLE 3, TITLE 1
§ 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.