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This entry was published on 2024-05-03
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SECTION 3-112
State board of elections; uniform standards for processing data requests and duty to send data and information to statewide database
Election (ELN) CHAPTER 17, ARTICLE 3, TITLE 1
* § 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 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 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 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