S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10298
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Walker) --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, the education law, the civil  practice
   law  and  rules,  and the state finance law, in relation to regulating
   public data maintained by county and  city  boards  of  elections  and
   establishing  the New York voting and elections database and institute
   to maintain a statewide database of voting and election data
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 3-112
 to read as follows:
   § 3-112. STATE BOARD OF ELECTIONS; UNIFORM  STANDARDS  FOR  PROCESSING
 DATA  REQUESTS  AND DUTY TO SEND DATA AND INFORMATION TO STATEWIDE DATA-
 BASE. 1.   THE STATE BOARD OF  ELECTIONS  SHALL  PROMULGATE  REGULATIONS
 WITHIN  ONE  HUNDRED  EIGHTY  DAYS OF THE EFFECTIVE DATE OF THIS SECTION
 STANDARDIZING ACROSS EACH COUNTY AND CITY BOARDS OF ELECTIONS THE METHOD
 OF PROCESSING FREEDOM OF INFORMATION  LAW  REQUESTS  AND  PROVIDING  FOR
 TIMELY DISTRIBUTION OF SUCH DATA TO THE PUBLIC.
   2.  UPON  THE  CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
 THE VOTER HISTORY FILE AFTER EVERY ELECTION,  EACH  BOARD  OF  ELECTIONS
 SHALL  TRANSMIT COPIES OF: (A) ELECTION RESULTS AT THE ELECTION DISTRICT
 LEVEL; (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;
 AND (E) 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.
 FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, THE TERM "ELECTION AUTHORITY"
 REFERS TO THE AGENCY PRIMARILY RESPONSIBLE FOR MAINTAINING  THE  RECORDS
 LISTED  IN  THIS SUBDIVISION AND INCLUDES ANY BOARD OF ELECTION, AS WELL
 AS GENERAL PURPOSE LOCAL GOVERNMENTS OR SPECIAL  PURPOSE  LOCAL  GOVERN-
 MENTS  THAT  ADMINISTER THEIR OWN ELECTIONS OR MAINTAIN THEIR OWN VOTING
 AND ELECTION RECORDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14148-05-2
 A. 10298                            2

   § 2. Title 7 of the education law is amended by adding a  new  article
 117 to read as follows:
                                ARTICLE 117
           NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
 SECTION 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS.
         5802. ESTABLISHMENT  OF  THE NEW YORK VOTING AND ELECTIONS DATA-
                 BASE AND INSTITUTE.
         5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS DATABASE AND
                 INSTITUTE.
         5804. CO-DIRECTORS AND CHAIRS ON VOTING AND ELECTIONS.
         5805. ANNUAL REPORT.
   § 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS.  NEW  YORK'S
 EXISTING SYSTEM OF VOTING AND ELECTION ADMINISTRATION HAS DEVELOPED OVER
 THE  COURSE  OF  TWO  CENTURIES  AND HAS EVOLVED IN RESPONSE TO CHANGING
 UNDERSTANDINGS OF CIVIL RIGHTS AND THE IMPORTANCE OF  EQUITABLE  PARTIC-
 IPATION  IN  GOVERNMENT.  THE  LEGISLATURE  HEREBY FINDS THAT EQUITABLE,
 EFFICIENT, AND ACCOUNTABLE ELECTIONS REQUIRE TRANSPARENCY  AND  RELIABLE
 DATA TO BETTER INFORM THE PUBLIC AND THE LEGISLATIVE PROCESS IN DECISION
 MAKING REGARDING ELECTION ADMINISTRATION AND VOTING RIGHTS IN THE STATE.
 THEREFORE,  THE  LEGISLATURE  FINDS THAT IT IS IN THE PUBLIC INTEREST TO
 ESTABLISH A CENTRAL INSTITUTION  TO  REDUCE  THE  BURDEN  ON  BOARDS  OF
 ELECTIONS, LOCAL GOVERNMENTS AND SCHOOL DISTRICTS WITH REGARD TO STORING
 AND  SHARING  ELECTION  DATA,  PROVIDE A NONPARTISAN AND ACCURATE SET OF
 DATA  THAT  THE  PUBLIC  CAN  RELY  UPON,  ENCOURAGE  THE  ENACTMENT  OF
 EVIDENCE-BASED  ELECTION POLICIES AND LEGISLATION, AND IMPROVE TRANSPAR-
 ENCY AND ALLOW VOTERS TO DETECT INEQUITABLE ELECTION POLICIES AND RACIAL
 DISCRIMINATION.
   § 5802. ESTABLISHMENT OF THE NEW YORK VOTING  AND  ELECTIONS  DATABASE
 AND  INSTITUTE.  THERE  IS  HEREBY  ESTABLISHED JOINTLY WITHIN THE STATE
 UNIVERSITY OF NEW YORK AND CITY UNIVERSITY OF NEW  YORK  THE  "NEW  YORK
 VOTING  AND ELECTIONS DATABASE AND INSTITUTE", REFERRED TO IN THIS ARTI-
 CLE AS THE "DATABASE  AND  INSTITUTE",  TO  MAINTAIN  AND  ADMINISTER  A
 CENTRAL  REPOSITORY OF ELECTIONS AND VOTING DATA AVAILABLE TO THE PUBLIC
 FROM ALL POLITICAL SUBDIVISIONS IN THE STATE OF NEW YORK AND TO  FOSTER,
 PURSUE,  AND  SPONSOR  RESEARCH  ON  EXISTING LAWS AND BEST PRACTICES IN
 VOTING AND ELECTIONS. FOR  THE  PURPOSES  OF  THIS  SECTION,  "POLITICAL
 SUBDIVISION"  SHALL MEAN A GEOGRAPHIC AREA OF REPRESENTATION CREATED FOR
 THE PROVISION OF GOVERNMENT SERVICES, INCLUDING, BUT NOT LIMITED  TO,  A
 COUNTY,  CITY,  TOWN,  VILLAGE,  SCHOOL  DISTRICT, OR ANY OTHER DISTRICT
 ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
   § 5803. FUNCTION OF THE NEW YORK VOTING  AND  ELECTIONS  DATABASE  AND
 INSTITUTE.  1.  THE  DATABASE  AND  INSTITUTE SHALL PROVIDE A CENTER FOR
 RESEARCH, TRAINING AND INFORMATION ON VOTING SYSTEMS AND ELECTION ADMIN-
 ISTRATION. THE DATABASE AND INSTITUTE IS HEREBY EMPOWERED:
   (A) TO CONDUCT CLASSES BOTH FOR CREDIT AND NON-CREDIT;
   (B) TO ORGANIZE  INTERDISCIPLINARY  GROUPS  OF  SCHOLARS  TO  RESEARCH
 VOTING AND ELECTIONS IN THE STATE;
   (C) TO CONDUCT SEMINARS INVOLVING VOTING AND ELECTIONS;
   (D)  TO  ESTABLISH  A  NONPARTISAN  CENTRALIZED  DATABASE  IN ORDER TO
 COLLECT, ARCHIVE, AND MAKE PUBLICLY AVAILABLE AT NO COST  AN  ACCESSIBLE
 DATABASE  PERTAINING  TO ELECTIONS, REGISTERED VOTERS, AND BALLOT ACCESS
 IN THE STATE;
   (E) TO ASSIST IN THE DISSEMINATION OF SUCH DATA TO THE PUBLIC;
   (F) TO PUBLISH SUCH BOOKS AND PERIODICALS AS IT SHALL DEEM APPROPRIATE
 ON VOTING AND ELECTIONS IN THE STATE; AND
 A. 10298                            3
 
   (G) TO PROVIDE NONPARTISAN TECHNICAL ASSISTANCE TO POLITICAL  SUBDIVI-
 SIONS,  SCHOLARS, AND THE GENERAL PUBLIC SEEKING TO USE THE RESOURCES OF
 THE STATEWIDE DATABASE.
   2.  (A) DATA TO MAINTAIN. THE DATABASE AND INSTITUTE SHALL MAINTAIN IN
 ELECTRONIC FORMAT AND MAKE AVAILABLE TO THE PUBLIC ONLINE AT NO COST  AT
 MINIMUM  THE FOLLOWING DATA AND RECORDS FOR AT LEAST THE PREVIOUS TWELVE
 YEAR PERIOD:
   (I)  ESTIMATES  OF  THE  TOTAL  POPULATION, VOTING AGE POPULATION, AND
 CITIZEN VOTING AGE POPULATION  BY  RACE,  COLOR,  AND  LANGUAGE-MINORITY
 GROUP,  BROKEN  DOWN  TO  THE  ELECTION DISTRICT LEVEL ON A YEAR-BY-YEAR
 BASIS FOR EVERY POLITICAL SUBDIVISION IN THE STATE, BASED ON  DATA  FROM
 THE  UNITED  STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR DATA OF
 COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE.
   (II) ELECTION RESULTS AT THE ELECTION DISTRICT LEVEL FOR EVERY  STATE-
 WIDE ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
   (III)  CONTEMPORANEOUS  VOTER REGISTRATION LISTS, VOTER HISTORY FILES,
 ELECTION DAY POLL SITE LOCATIONS, AND EARLY VOTING SITE  LOCATIONS,  FOR
 EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
   (IV)  CONTEMPORANEOUS MAPS OR OTHER DOCUMENTATION OF THE CONFIGURATION
 OF DISTRICTS IN ANY FORMAT OR FORMATS  SPECIFIED  BY  THE  DIRECTOR  FOR
 ELECTION DISTRICTS.
   (V) ELECTION DAY OR EARLY VOTING POLL SITES INCLUDING, BUT NOT LIMITED
 TO,  LISTS  OF  ELECTION  DISTRICTS  ASSIGNED  TO EACH POLLING PLACE, IF
 APPLICABLE.
   (VI) DISTRICTING OR REDISTRICTING PLANS FOR EVERY  ELECTION  IN  EVERY
 POLITICAL SUBDIVISION.
   (VII)  ANY OTHER DATA THAT THE DIRECTOR DEEMS ADVISABLE TO MAINTAIN IN
 FURTHERANCE OF THE PURPOSES OF THIS TITLE.
   (B) PUBLIC AVAILABILITY OF DATA. EXCEPT FOR ANY DATA, INFORMATION,  OR
 ESTIMATES  THAT IDENTIFIES INDIVIDUAL VOTERS, THE DATA, INFORMATION, AND
 ESTIMATES MAINTAINED BY THE STATEWIDE DATABASE SHALL  BE  POSTED  ONLINE
 AND MADE AVAILABLE TO THE PUBLIC AT NO COST.
   (C)  DATA  ON RACE, COLOR, AND LANGUAGE-MINORITY GROUPS. THE STATEWIDE
 DATABASE AND INSTITUTE SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS
 SECTION BY APPLYING THE  MOST  ADVANCED,  PEER-REVIEWED,  AND  VALIDATED
 METHODOLOGIES.
   §  5804.  CO-DIRECTORS  AND CHAIRS ON VOTING AND ELECTIONS. TWO CHAIRS
 ARE HEREBY ESTABLISHED IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND
 INSTITUTE. ONE CHAIR SHALL BE WITHIN THE STATE UNIVERSITY OF  NEW  YORK.
 ONE  CHAIR  SHALL  BE WITHIN THE CITY UNIVERSITY OF NEW YORK. THE CHAIRS
 SHALL ALSO ACT AS CO-DIRECTORS OF THE DATABASE AND INSTITUTE.
   § 5805. ANNUAL REPORT. NOT LATER THAN NINETY DAYS FOLLOWING THE END OF
 THE STATE FISCAL YEAR THE NEW YORK VOTING  AND  ELECTIONS  DATABASE  AND
 INSTITUTE  SHALL ANNUALLY SUBMIT TO THE GOVERNOR, THE MAJORITY LEADER OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT  ON  THE  PRIORITIES
 AND  FINANCES  OF  THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTI-
 TUTE.
   § 3. The civil practice law and rules is amended by adding a new  rule
 4550 to read as follows:
   RULE  4550.  NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE. THE
 DATA, INFORMATION, AND ESTIMATES MAINTAINED BY THE NEW YORK  VOTING  AND
 ELECTIONS  DATABASE AND INSTITUTE SHALL BE GRANTED A REBUTTABLE PRESUMP-
 TION OF VALIDITY BY ANY COURT CONCERNING ANY CLAIM BROUGHT.
   § 4. The education law is amended by adding a new section 2614 to read
 as follows:
 A. 10298                            4
 
   § 2614. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
 AND ELECTIONS DATABASE AND INSTITUTE. UPON THE CERTIFICATION OF ELECTION
 RESULTS AND  THE  COMPLETION  OF  THE  VOTER  HISTORY  FILE  AFTER  EACH
 ELECTION,  EACH  SCHOOL  DISTRICT  THAT HOLDS ELECTIONS PURSUANT TO THIS
 ARTICLE  SHALL  TRANSMIT  COPIES OF THE FOLLOWING TO THE NEW YORK VOTING
 AND ELECTIONS DATABASE AND  INSTITUTE  WITHIN  NINETY  DAYS  AFTER  SUCH
 ELECTION:  (A)  SCHOOL BOARD ELECTION RESULTS; (B) CONTEMPORANEOUS VOTER
 REGISTRATION LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR OTHER  DOCUMEN-
 TATION OF THE CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS SPECI-
 FIED  BY  THE  DIRECTOR;  (E)  LISTS OF ELECTION DAY POLL SITES, MAPS OR
 OTHER DOCUMENTATION OF THE CONFIGURATION OF DISTRICTS IN ANY  FORMAT  OR
 FORMATS  SPECIFIED  BY  THE  DIRECTOR ASSIGNED TO EACH ELECTION DAY POLL
 SITE; AND (F) ANY OTHER PUBLICLY AVAILABLE DATA  AS  REQUESTED  BY  SUCH
 DATABASE AND INSTITUTE.
   §  5. Section 2038 of the education law is renumbered section 2039 and
 a new section 2038 is added to read as follows:
   § 2038. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
 AND ELECTIONS DATABASE AND INSTITUTE. UPON THE CERTIFICATION OF ELECTION
 RESULTS AND  THE  COMPLETION  OF  THE  VOTER  HISTORY  FILE  AFTER  EACH
 ELECTION,  EACH SCHOOL DISTRICT THAT HOLDS SCHOOL BOARD ELECTIONS PURSU-
 ANT TO THIS ARTICLE SHALL TRANSMIT COPIES OF THE FOLLOWING  TO  THE  NEW
 YORK  VOTING  AND  ELECTIONS  DATABASE  AND INSTITUTE WITHIN NINETY DAYS
 AFTER SUCH ELECTION:  (A) SCHOOL BOARD ELECTION RESULTS; (B) CONTEMPORA-
 NEOUS VOTER REGISTRATION LISTS;  (C)  VOTER  HISTORY  FILES;  (D)  MAPS,
 DESCRIPTIONS,  AND  SHAPEFILES  FOR  ELECTION  DISTRICTS;  (E)  LISTS OF
 ELECTION DAY POLL SITES, SHAPEFILES, OR  DESCRIPTIONS  OF  THE  ELECTION
 DISTRICTS  ASSIGNED  TO  EACH  ELECTION DAY POLL SITE; AND (F) ANY OTHER
 PUBLICLY AVAILABLE DATA AS REQUESTED BY SUCH DATABASE AND INSTITUTE.
   § 6. Section 2553 of the education law is  amended  by  adding  a  new
 subdivision 2-a to read as follows:
   2-A.  UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
 THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH  SCHOOL  DISTRICT  THAT
 HOLDS  SCHOOL  BOARD  ELECTIONS  PURSUANT TO THIS ARTICLE SHALL TRANSMIT
 COPIES OF THE FOLLOWING TO THE NEW YORK VOTING  AND  ELECTIONS  DATABASE
 AND  INSTITUTE  WITHIN NINETY DAYS AFTER SUCH ELECTION: (A) SCHOOL BOARD
 ELECTION RESULTS; (B)  CONTEMPORANEOUS  VOTER  REGISTRATION  LISTS;  (C)
 VOTER  HISTORY  FILES; (D) MAPS OR OTHER DOCUMENTATION OF THE CONFIGURA-
 TION OF DISTRICTS IN ANY FORMAT OR FORMATS SPECIFIED  BY  THE  DIRECTOR;
 (E) LISTS OF ELECTION DAY POLL SITES, SHAPEFILES, OR DESCRIPTIONS OF THE
 ELECTION  DISTRICTS ASSIGNED TO EACH ELECTION DAY POLL SITE; AND (F) ANY
 OTHER PUBLICLY AVAILABLE DATA AS REQUESTED BY SUCH DATABASE  AND  INSTI-
 TUTE.
   §  7. The state finance law is amended by adding a new section 97-k to
 read as follows:
   § 97-K. NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND.  1.
 THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE  KNOWN
 AS THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND.
   2. THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND SHALL
 CONSIST  OF  ALL  MONEYS  CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
 FUND OR SOURCE, INCLUDING ANY FEDERAL, STATE, OR PRIVATE FUNDS, PURSUANT
 TO LAW FOR THE MAINTENANCE OF THE VOTING AND ELECTIONS DATABASE  REPOSI-
 TORY AND FOR RESEARCH CONDUCTED BY SUCH DATABASE AND INSTITUTE.
   3.  MONEYS IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
 FUND MAY BE INVESTED BY THE  COMPTROLLER  PURSUANT  TO  SECTION  NINETY-
 A. 10298                            5
 
 EIGHT-A  OF  THIS  ARTICLE,  AND  ANY INCOME RECEIVED BY THE COMPTROLLER
 SHALL BE USED FOR THE PURPOSES OF SUCH FUND.
   4. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK VOTING AND ELECTIONS
 DATABASE AND INSTITUTE FUND SHALL BE EXPENDED FOR THE PURPOSES SET FORTH
 IN  THIS  SECTION,  AND  MAY  NOT BE INTERCHANGED OR COMMINGLED WITH ANY
 OTHER ACCOUNT OR FUND BUT MAY BE  COMMINGLED  WITH  ANY  OTHER  FUND  OR
 ACCOUNT FOR INVESTMENT PURPOSES.
   5.  MONEYS IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
 FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE AVAILABLE  TO
 THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FOR MAINTENANCE
 OF  THE  DATABASE  AND  RESEARCH  AND EDUCATION PROGRAMS AS SET FORTH IN
 ARTICLE ONE HUNDRED SEVENTEEN OF TITLE SEVEN OF THE EDUCATION LAW.
   § 8. This act shall take effect immediately.