N.Y.
Election Law Section 3-112
State board of elections
- uniform standards for processing data requests and duty to send data and information to statewide database
1.
For the purposes of this section the term “election authority” shall mean any local government entity primarily responsible for maintaining the records listed in this section, including, but not limited to, any county or city board of elections, or any county, city, town, village, or school district that administers their own elections or maintain their own voting and election records. 1-a. There is hereby established within the state board of elections the New York voting and elections database. Such database shall be a central repository of certain elections and voting data available to the public from an election authority in the state. The state board of elections shall collect, host, and maintain in an electronic format records provided to the state board of elections pursuant to this section. Such records shall be maintained for at least twelve years. 1-b. The state board of elections, shall promulgate regulations within one hundred eighty days of the effective date of this section on data standards for the method of processing and transmitting records required to be provided pursuant to this section. Such data standards promulgated by the state board of elections pursuant to this subdivision shall:(a)
be consistent with any relevant standards, guidelines, or guidance developed by the national institute of standards and technology, the election assistance commission, or the cybersecurity and infrastructure security agency; and(b)
apply to every election authority in the state.2.
Upon the certification of election results and the completion of the voter history file after every election, each election authority shall, by January first after such election, or within ten business days, whichever is later, transmit to the state board of elections, if such election authority is able to maintain the record, copies of:(a)
election results at the election district level for every statewide election and every election in every political subdivision;(b)
contemporaneous voter registration lists;(c)
voter history files;(d)
maps or other documentation of the configuration of districts in any format or formats as specified by the state board of elections;(e)
tabulations of the number of valid and invalid affidavit ballots, the reasons for which affidavit ballots were invalid, and the quantity and disposition of affidavit ballots subject to the cure procedure prescribed by subdivision three of § 9-209 (Canvass of early mail, absentee, military and special ballots, and ballots cast in affidavit envelopes)section 9-209 of this chapter;(f)
tabulations of the number of valid and invalid absentee ballots, the reasons for which absentee ballots were invalid and the quantity of absentee ballots invalid for each such reason, and the quantity and disposition of absentee ballots subject to the cure procedure prescribed by subdivision three of § 9-209 (Canvass of early mail, absentee, military and special ballots, and ballots cast in affidavit envelopes)section 9-209 of this chapter;(g)
lists of election day poll sites and early voting sites and maps or other documentation of the configuration of districts in any format or formats as specified by the state board of elections of the election districts assigned to each election day poll site or early voting site;(h)
adopted districting or redistricting plans for every election in every political subdivision; and(i)
any other publicly available data as requested by the state board of elections. Nothing in this section shall be construed to require an election authority to create or otherwise provide a record it is not capable of collecting. Within sixty days of receipt of records pursuant to this section, the New York voting and elections database shall post such records to its public facing website, provided that individual voter registration records shall not be published, but only made available to the public upon request pursuant to subdivision five of Election Law § 3-103 (Computerized record keeping)section 3-103 of the election law. No cost shall be charged to access such records.3.
The state board of elections shall provide the attorney general with access to copies of the non-confidential fields of the statewide voter database or any similar successor statewide voter registration database upon request, in a single tabular data file in a common, machine readable format that can be readily accessed and analyzed.4.
Every six months, the state board of elections shall determine which election authorities have failed to transmit records to the state board of elections pursuant to this section and shall publish a list of such election authorities. Upon publication of the list, an election authority that failed to transmit records to the state board of elections pursuant to this section shall have a cure period of ten business days to come into compliance or provide to the state board of elections an adequate reason the authority is not capable of transmitting such records. The state board of elections may determine an adequate reason for non-compliance pursuant to its rules and regulations. If after ten business days, the election authority has taken no action to cure its non-compliance the state board of elections or the attorney general may file an action against such election authority to enforce compliance with the requirements of this section. * NB Effective April 1, 2026
Source:
Section 3-112 — State board of elections; uniform standards for processing data requests and duty to send data and information to statewide database, https://www.nysenate.gov/legislation/laws/ELN/3-112 (updated May 3, 2024; accessed Oct. 26, 2024).
