1. The Laws of New York
  2. Consolidated Laws
  3. Election
  4. Article 8: Conduct of Elections
  5. Title 5: Challenging Voters


Section 8-504 Challenges; of voter at the polling place

Election (ELN)

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as above specified, of any applicant, the board shall, if it believes the applicant to be qualified or the challenge is withdrawn, permit him to vote.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 convicted of a felony, such inspector shall administer to him the following additional oath, which shall be known as "The Conviction Oath": "You do swear (or affirm) that you have not been convicted of any felony, or if so convicted, that you have been pardoned, or restored to all the rights of a citizen, or the maximum term of imprisonment to which you were sentenced has expired, or you have been discharged from parole or your sentence has been suspended."

  6. 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."

  7. 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.

  8. 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.