2023 New York Laws › ELN - Election › Article 3 - Election Officials › Title 1 - Statewide Provisions › 3-112 - State Board of Elections; Uniform Standards for Processing Data Requests and Duty to Send Data and Information to Statewide Database.

* §  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