The challenge to the report of the Referee below as made to Justice Helman cannot be sustained. Section 405 of the Election Law is not self-executing and cancellation under this statute is not automatic. The Board of Elections is required to follow a certain procedure as specified by subdivisions 2 through 7, inclusive, of section 405, in order to cancel the registration of a voter thereunder. Petitioner, carrying the burden of proof, has failed to make an adequate showing...
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