NY Elec L § 3-222 (2021)
2021 New York Laws ELN - Election Article 3 - Election Officials Title 2 - Board of Elections 3-222 - Preservation of Ballots and Records of Voting Machines.

§  3-222.  Preservation of ballots and records of voting machines.  1.   Except as hereinafter provided, removable memory cards or other  similar   electronic  media  shall  remain sealed against reuse until such time as   the information stored on such media has  been  preserved  in  a  manner   consistent  with procedures developed and distributed by the state board   of elections. Provided, however, that the  information  stored  on  such   electronic  media  and  all the data and figures therein may be examined   upon the order of any court or judge of competent jurisdiction or may be   examined at the direction of a committee of the senate  or  assembly  to   investigate  and  report  upon  contested  elections  of  members of the   legislature voted for by the  use  of  voting  machines  utilizing  such   electronic  media  and  such  data  and  such  figures  examined by such   committee in the presence of the officer having the  custody  of  voting   machines and electronic media.2.  Voted ballots shall be preserved for two years after such election   and the packages thereof may be opened and the  contents  examined  only   upon  order  of  a  court  or  judge  of  competent  jurisdiction, or by   direction of such committee of the senate and assembly  if  the  ballots   relate to the election under investigation by such committee, and at the   expiration  of  such  time,  such  ballots  may  be  disposed  of at the   discretion of the officer or board having charge of them.3. Except as hereinafter provided, packages  of  protested,  void  and   wholly  blank  ballots, open packages of unused ballots and all absentee   and  military,  special  federal,  special  presidential  and  emergency   ballots  and  ballot  envelopes,  if  any,  opened or unopened, shall be   preserved for two years after the election. Sealed  packages  of  unused   ballots  shall  be  retained for four months, and may then be destroyed,   provided a certificate articulating the  election  district  identifying   data  and  numbers  of such ballots is filed with the balance of ballots   described in this section, for the balance of  the  two  year  retention   period.  Except  as  hereinafter  provided, boxes containing voted paper   ballots, if any shall be preserved inviolate for four months  after  the   election,  or  until one month before the next election occurring within   five months after a preceding election if such boxes are needed for  use   at  such  next  election  and  if the officer or board in charge of such   voted paper ballots is required by law to furnish ballot boxes therefor.   Provided, however, that such ballot  boxes  and  such  packages  may  be   opened,  and  their  contents  and  the  absentee  and military, special   federal, special presidential and emergency ballots and ballot envelopes   may be examined, upon the order of any court  or  justice  of  competent   jurisdiction.  Boxes  and  envelopes  containing  absentee, military and   emergency ballots voted at a general or special election, for the office   of member of the senate or assembly, packages  of  void,  protested  and   wholly  blank  ballots,  unopened absentee and military ballot envelopes   and the packages of unused ballots, in connection  with  such  election,   also  may  be  opened, and their contents and such envelopes also may be   examined, by direction of a committee  of  the  senate  or  assembly  to   investigate  and  report  on  contested  elections  of  members  of  the   legislature. Unless otherwise ordered  or  directed  by  such  a  court,   justice  or committee, such boxes shall be opened and their contents and   such packages and the envelopes  containing  voted  ballots  and  ballot   envelopes  shall  be  destroyed,  at the expiration of the period during   which they are  required  by  the  provisions  of  this  section  to  be   preserved,  except that instead of being destroyed, they may be sold and   the proceeds paid over in the manner provided with respect to  the  sale   of books, records and papers pertaining to an election.4.  All  records  and documents pertaining to ballot label programming   and ballot label programming  data  for  any  election  for  any  voting    machine  of  a  type  approved  after  September first, nineteen hundred   eighty-six and  all  records  pertaining  to  the  periodic  maintenance   testing  of  any such programming and programming data or the testing of   any such machine in connection with any such election shall be preserved   for two years after such election.