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This entry was published on 2021-05-07
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SECTION 8-504
Challenges; of voter at the polling place
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 5
§ 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challenge is withdrawn, permit him to vote.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
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."

6. 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.

7. 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.