New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6202 - Examination And Copying Of Records › Section 6202.1 - Examination and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. The provisions of this
				Part shall be applicable to all records of the State Board of Elections
				available for public inspection and copying.
(b) List of available records. A current list
				of all board records available for inspection and copying shall be maintained
				by the records access officer and such list shall be available for public
				inspection and copying.
(c)
				Location of records. All available records shall be located at 40 Steuben St.,
				Albany, NY 12207-2109.
(d) Hours of
				inspection. Records may be inspected and copied each day the office is open to
				the public, commencing one-half hour after such office hours begin and
				terminating 15 minutes before the close of such hours.
(e) To whom and where request made. A request
				for a particular record shall be made to the public information officer, who
				shall be the board's records access officer, or his designee.
(f) Form of request and identification. Where
				an applicant wishes to examine or copy an available record, he shall submit a
				written and signed request on a form to be provided by the board. Within five
				business days of the receipt of the request, the records access officer of the
				board shall make the requested records available, shall deny the request in
				writing, or shall furnish a written acknowledgment of the receipt of such
				request and a statement of the approximate date when such request will be
				granted or denied. If, within 10 business days after the date of the
				acknowledgment of the receipt of the request for records, access to the
				requested records is neither granted nor denied, the request shall be deemed to
				be denied and the applicant shall have the right to appeal in accordance with
				the provisions of subdivision (u) of this section.
(g) Description of record required. A request
				for a record shall adequately specify or describe the record sought to be
				inspected or copied.
(h) Number of
				records permitted. The records access officer, or his designee, shall have the
				discretion to limit the number of records of any type or types an applicant may
				request and receive at any one time.
(i) Treatment of records. No marks of any
				kind shall be made on any record provided for inspection.
(j) Area restriction. Inspection or copying
				of records shall be permitted only in the area designated by the records access
				officer for such purpose.
(k)
				Duplicate requests. If duplicate requests are received from applicants for a
				particular record, the applicant making the first request physically received
				by the board shall first receive the record.
(l) Limitation of examination time. The
				records access officer or his designee may fix reasonable limitations on the
				time any applicant may have to examine any record.
(m) Temporary unavailability of records.
				Where a record is in use by the board, or filing or intake procedures relating
				thereto have not been concluded, the filing of a request for such a record may
				be reasonably delayed until such a use or procedure is completed.
(n) Return for board business. Whenever a
				record made available for inspection or copying is required for the business of
				the board, the records access officer, or his designee, may require the return
				of the record. In such case the applicant shall return the record upon
				demand.
(o) Provision of
				photostatic copies. Photostatic copies of available records may be obtained
				from the board by ordering same at a fee of 25 cents per page plus
				postage.
(p) Provisions for use of
				telephone lines to transmit available records. Any request for board records to
				be transmitted over telephone lines shall be paid for at a fee of $.65 per
				page.
(q) Provisions for producing
				data on computer printouts or magnetic media. The fee for producing any data on
				computer printouts or magnetic media shall be in an amount not to exceed the
				actual cost of reproduction.
(r)
				Mailing of data on computer printouts or magnetic media. If the board is
				requested to mail any computer tapes, computer discs or any other electronic
				recording, the cost of postage shall be in addition to the fee charged for the
				actual cost of production. Orders may be made by mail provided the requested
				computer printout or magnetic media is sufficiently identified.
(s) Release of records. No records shall be
				released by the board unless all fees and charges have been paid in
				advance.
(t) Individual accounts.
				Any person, corporation, association or other entity which wished to establish
				an account with the board for the purpose of facilitating payment for requested
				records may request the board to create such an account. Such account shall be
				created when the board receives a certified check, bank check or money order
				made payable to the New York State Board of Elections. The minimum amount
				required to establish such an account is $100. Such funds shall be placed in a
				special account with balances maintained for each individual account. Each
				transmittal, mailing or receipt from the board shall contain a statement of the
				charges for the transaction and the balance remaining in the account.
(u) Denial of access. In the event a request
				for a record is denied on grounds other than that the board does not maintain
				such a record or no such record is found, the applicant shall be provided with
				a form advising him of his right to appeal the denial of the application to the
				State Board of Elections. Such appeal shall be made to the New York State Board
				of Elections. The board shall, within seven business days of the receipt of the
				appeal, fully explain in writing to the person requesting the record the
				reasons for denial, or provide access to the record sought.