Matter of Merrill v. Suffolk County Bd. of Elections, 46 N.Y.2d 983 (1979)
An affidavit from a voluntary resident of a psychiatric center, stating their intent to reside there permanently and lacking any contradictory evidence, is sufficient proof of residency for voter registration purposes.
Summary
This case concerns the registration of residents of the Pilgrim State Psychiatric Center to vote. The Suffolk County Board of Elections argued that an evidentiary hearing was always required to establish residency. The Court of Appeals held that an unrefuted affidavit from a resident, stating their voluntary and long-term residency at the center, and declaring the center as their home, was sufficient proof of residency for voter registration when the board presented no opposing evidence. The court also held the case was not moot, because the issue of voter registration was a continuing one.
Facts
An individual voluntarily residing at the Pilgrim State Psychiatric Center for over 30 years submitted an affidavit to the Suffolk County Board of Elections. The affidavit stated that the individual had no other residence, considered Suffolk County their home, and intended to remain at the psychiatric center. The Board of Elections sought an evidentiary hearing to verify the individual’s residency, arguing the affidavit was insufficient.
Procedural History
The case began as a proceeding to compel the Suffolk County Board of Elections to allow certain residents of the Pilgrim State Psychiatric Center to register to vote. The Appellate Division found the affidavit adequate, and the Board of Elections appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s decision.
Issue(s)
Whether an affidavit from a voluntary resident of a psychiatric center, stating their intent to reside there permanently and lacking any contradictory evidence, is sufficient proof of residency for voter registration purposes, or whether the Board of Elections can demand an evidentiary hearing in all such cases.
Holding
Yes, because the affidavit, unrefuted by any factual showing from the Board of Elections, constitutes sufficient proof of residency under Election Law § 335.
Court’s Reasoning
The Court of Appeals distinguished this case from Matter of Palla v Suffolk County Bd. of Elections, where issues of fact were raised by opposing affidavits. Here, the Board of Elections provided no opposing evidence to contradict the resident’s affidavit. The court emphasized that the affidavit, stating the resident’s voluntary long-term residency and intent to make the center their home, was sufficient. The court relied on Election Law § 335, which allows the court to consider the affidavit as sufficient proof of residency when unrefuted. The court stated, “Under the circumstances here, however, the court had a right to consider and rely upon an affidavit by the individual seeking registration, unrefuted by any factual statement or showing, as sufficient proof of residency.” The court further noted that registration to vote is a continuing status, so the matter was not moot despite the passing of the election. The court also cited Matter of Carr v New York State Bd. of Elections, noting that review should not be declined on mootness grounds when the issue is likely to recur.