2023 New York Laws › ELN - Election › Article 5 - Registration and Enrollment of Voters › Title 5 - Registration Records › 5-508 - Confidentiality of Registration Records in Certain Cases.

§  5-508. Confidentiality of registration records in certain cases. 1.
For purposes of this section:
(a) "Victim of domestic violence" means any person who is a victim  of
a  violent  felony,  as  defined  in  section 70.02 of the penal law, or
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment in the second degree, aggravated
harassment in the third degree, stalking in the fourth degree,  criminal
mischief,  menacing  in the second degree, menacing in the third degree,
reckless endangerment, assault in  the  third  degree  or  an  attempted
assault; and
(i)  such  act  or  acts have resulted in actual physical or emotional
injury or have created a substantial risk of physical or emotional  harm
to such person or such person's child; and
(ii)  such  act or acts are or are alleged to have been committed by a
family or household member.
(b) "Family or household members" mean the following individuals:
(i) persons related by consanguinity or affinity;
(ii) persons legally married to one another;
(iii) persons formerly married to one another  regardless  of  whether
they still reside in the same household;
(iv)  persons  who  have  a child in common regardless of whether such
persons are married or have lived together at any time;
(v) persons who are not related by consanguinity or affinity  and  who
are  or have been in an intimate relationship regardless of whether such
persons have lived together at any time. Factors the court may  consider
in  determining  whether  a  relationship  is an "intimate relationship"
include but are not limited to: the  nature  or  type  of  relationship,
regardless  of  whether  the  relationship  is  sexual  in  nature;  the
frequency of interaction between the persons; and the  duration  of  the
relationship.  Neither a casual acquaintance nor ordinary fraternization
between two individuals in business or social contexts shall  be  deemed
to constitute an "intimate relationship".
2.  (a) A victim of domestic violence or any person who is a victim of
a crime defined in article one hundred  thirty  of  the  penal  law  may
deliver  to the board of elections, in the county wherein such victim of
domestic violence or victim of a crime defined in  article  one  hundred
thirty  of  the  penal  law  is  registered  or intends to be registered
pursuant to this article,  in  person  or  by  mail,  a  signed  written
statement swearing or affirming:
(i) that such person is the victim of domestic violence or victim of a
crime defined in article one hundred thirty of the penal law; and
(ii)  that  because  of  the  threat  of physical or emotional harm to
themself or to family or household members, such person wishes for their
registration record to be kept confidential.
(b) Upon application made  to  the  board  of  elections  pursuant  to
paragraph  (a)  of this subdivision, the board of elections shall ensure
that any registration record kept or maintained in accordance with  this
article  and  any  other records with respect to such victim of domestic
violence be kept separate and apart from other such records and  not  be
made  available  for  inspection  or  copying by the public or any other
person, except election officials acting within the course and scope  of
their  official duties and only as pertinent and necessary in connection
therewith. The confidentiality of such registration records shall  begin
upon  the  board's  acceptance  of such sworn statement and continue for
four years from such date. A new application may be made  prior  to  the
expiration of such four year period.