§ 3-112 — State board of elections; uniform standards for processing data requests and duty to send data and information to statewide database

New York § 3-112

• Jurisdiction: New York
• Law ELN: Election
• Title 1: Statewide Provisions
• Art. 3: Election Officials

Text

* § 3-112. State board of elections; uniform standards for processing\ndata requests and duty to send data and information to statewide\ndatabase. 1. For the purposes of this section the term "election\nauthority" shall mean any local government entity primarily responsible\nfor maintaining the records listed in this section, including, but not\nlimited to, any county or city board of elections, or any county, city,\ntown, village, or school district that administers their own elections\nor maintain their own voting and election records.\n 1-a. There is hereby established within the state board of elections\nthe New York voting and elections database. Such database shall be a\ncentral repository of certain elections and voting data available to the\npublic from an election authority in the state. The state board of\nelections shall collect, host, and maintain in an electronic format\nrecords provided to the state board of elections pursuant to this\nsection. Such records shall be maintained for at least twelve years.\n 1-b. The state board of elections, shall promulgate regulations within\none hundred eighty days of the effective date of this section on data\nstandards for the method of processing and transmitting records required\nto be provided pursuant to this section. Such data standards promulgated\nby the state board of elections pursuant to this subdivision shall:\n (a) be consistent with any relevant standards, guidelines, or guidance\ndeveloped by the national institute of standards and technology, the\nelection assistance commission, or the cybersecurity and infrastructure\nsecurity agency; and\n (b) apply to every election authority in the state.\n 2. Upon the certification of election results and the completion of\nthe voter history file after every election, each election authority\nshall, by January first after such election, or within ten business\ndays, whichever is later, transmit to the state board of elections, if\nsuch election authority is able to maintain the record, copies of: (a)\nelection results at the election district level for every statewide\nelection and every election in every political subdivision; (b)\ncontemporaneous voter registration lists; (c) voter history files; (d)\nmaps or other documentation of the configuration of districts in any\nformat or formats as specified by the state board of elections; (e)\ntabulations of the number of valid and invalid affidavit ballots, the\nreasons for which affidavit ballots were invalid, and the quantity and\ndisposition of affidavit ballots subject to the cure procedure\nprescribed by subdivision three of section 9-209 of this chapter; (f)\ntabulations of the number of valid and invalid absentee ballots, the\nreasons for which absentee ballots were invalid and the quantity of\nabsentee ballots invalid for each such reason, and the quantity and\ndisposition of absentee ballots subject to the cure procedure prescribed\nby subdivision three of section 9-209 of this chapter; (g) lists of\nelection day poll sites and early voting sites and maps or other\ndocumentation of the configuration of districts in any format or formats\nas specified by the state board of elections of the election districts\nassigned to each election day poll site or early voting site; (h)\nadopted districting or redistricting plans for every election in every\npolitical subdivision; and (i) any other publicly available data as\nrequested by the state board of elections. Nothing in this section shall\nbe construed to require an election authority to create or otherwise\nprovide a record it is not capable of collecting. Within sixty days of\nreceipt of records pursuant to this section, the New York voting and\nelections database shall post such records to its public facing website,\nprovided that individual voter registration records shall not be\npublished, but only made available to the public upon request pursuant\nto subdivision five of section 3-103 of the election law. No cost shall\nbe charged to access such records.\n 3. The state board of elections shall provide the attorney general\nwith access to copies of the non-confidential fields of the statewide\nvoter database or any similar successor statewide voter registration\ndatabase upon request, in a single tabular data file in a common,\nmachine readable format that can be readily accessed and analyzed.\n 4. Every six months, the state board of elections shall determine\nwhich election authorities have failed to transmit records to the state\nboard of elections pursuant to this section and shall publish a list of\nsuch election authorities. Upon publication of the list, an election\nauthority that failed to transmit records to the state board of\nelections pursuant to this section shall have a cure period of ten\nbusiness days to come into compliance or provide to the state board of\nelections an adequate reason the authority is not capable of\ntransmitting such records. The state board of elections may determine an\nadequate reason for non-compliance pursuant to its rules and\nregulations. If after ten business days, the election authority has\ntaken no action to cure its non-compliance the state board of elections\nor the attorney general may file an action against such election\nauthority to enforce compliance with the requirements of this section.\n * NB Effective April 1, 2026\n