reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.1 - Rules for filing designating and nominating petitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The sheets of a petition shall be
				numbered sequentially at the foot of each sheet.
(b) All petitions containing 10 or more
				sheets shall be accompanied by a cover sheet.
(c) Any two or more petition sheets shall be
				securely fastened together by any means which will hold the pages together in
				numerical order.
(d) Petition
				sheets may be fastened together to form one or more volumes.
(e) Individual volumes of a petition shall be
				filed in the following manner:
(1) With
				respect to petitions which are filed with the Board of Elections in the City of
				New York, or petitions which are filed with other boards of elections
				containing candidates for more than one public or party office which are not
				coterminous, each volume of each petition shall bear an identification number,
				to be obtained in accordance with section
				6215.3,
				infra. The assigned identification number shall be inscribed on the front of
				the volume. If an identification number has not been inscribed by the person or
				persons filing the petition, and the petition consists of multiple volumes,
				then each volume of the petition shall be separately numbered on the front
				thereof. Only one identification number may be used to identify a petition
				volume.
(2) Any Board of Elections
				outside the City of New York may adopt a petition filing system for all
				petitions utilizing identification numbers as provided for in section
				6215.3 
				of this Part. The board may adopt such system through the approval of a rule at
				least two months prior to the first day to circulate petitions. The rule shall
				be filed at the county board of elections and the State Board of
				Elections.
(3) With respect to all
				other petitions which contain 10 or more sheets, each volume of the petition
				shall have a cover sheet secured to the front of such volume.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.2 - Cover Sheets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				cover sheet shall contain the following information:
(1) The office and district number (where
				appropriate) for which each designation and nomination is being made, the name
				and residence address of each candidate, and the number of volumes comprising
				the petition. The names and addresses of candidates for the county committee
				may be set forth, by assembly district (or, in the City of New York, by
				election district) on a schedule to be annexed to the cover sheet. Cover sheets
				for the positions of county committee in the City of New York shall include, in
				addition to such schedule a list by election district of the identification
				numbers (if known) or the volume number, and page number where such signatures
				appear for each election district.
(2) An identification of the volumes
				comprising the petition. When multiple volumes are filed pursuant to section
				6215.1(e)(1)
				or (2)  of this Part, a single cover sheet may
				be filed with volumes identified by listing the identification number of each
				volume either individually or cumulatively, and the total number of volumes in
				the petition. With respect to all other petitions filed in multiple volumes,
				each volume shall have a cover sheet which shall indicate the volume number;
				such volumes shall be numbered sequentially and the cover sheet from the first
				volume shall set forth the total number of volumes comprising
				petition.
(3) A statement that the
				petition contains the number, or in excess of the number, of valid signatures,
				required by the Election Law.
(4) A
				place for the optional designation of a contact person other than the
				candidate(s) to be notified to correct noncompliance with these
				regulations.
(5) Where a
				designating or independent nominating petition involves the office of governor,
				lieutenant governor, attorney general, state comptroller, member of the state
				senate or member of the state assembly, the cover sheet shall contain a place
				for the optional designation of the official campaign website address
				information for posting on the State Board of Elections' website pursuant to
				Election Law Section 4-123. Any board of elections receiving such cover sheet
				or a separate written notification pursuant to paragraph (b) of part 6215.9 of
				these regulations, other than the State Board of Elections, shall transmit a
				copy of such cover sheet or separate written notification to the State Board of
				Elections within three business days of its filing and such website addresses
				shall b e posted by the state board on its website as soon as
				practicable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.3 - Identification numbers, application, distribution and utilization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Identification
				numbers shall be issued by the State and County Boards of Elections, without
				charge, for the purpose of identifying petition volumes.
(b) The State Board shall assign a series of
				identification codes to each county board.
(c) Any person or persons, individually or
				jointly, may obtain one or more identification numbers, upon written
				application, from the Board of Elections. Individuals who do not wish to apply
				for these numbers in advance will have them assigned to their petitions when
				they are submitted to the Board of Elections in accordance with section
				6215.6(b) 
				of this Part. Identification numbers may be used only within the calendar year
				for which issued.
(d) The State
				Board of Elections shall promulgate an identification number application form,
				which shall be used by any board of elections. The application shall set forth:
(1) the name and residence address of each
				applicant for the identification number;
(2) the daytime and evening telephone numbers
				for such applicant;
(3) the type of
				petition to be filed under the identification number (i.e., designating,
				nominating, opportunity to ballot);
(4) the date of the election;
(5) the name of the party or independent
				body; and
(6) the number of
				identification numbers requested.
Each application shall be signed by each applicant and shall
				  be dated.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.4 - Multiple candidates named on a petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All the signatures appearing in a
				petition volume shall apply to all candidates named in that volume, unless the
				cover sheet specifies otherwise.
(b) In the event that the same candidates do
				not appear on each and every sheet of the petition, then the cover sheet shall
				indicate which signatures apply to which candidate, by indicating the name of
				the candidate, the identification number or the volume number, and the page
				number of the applicable signatures. Signatures on such pages may be identified
				by specified numerical ranges (e.g., pages 1 through 15, pages
				15-45).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.5 - Filing of petitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Neither the application for, nor the issuance of, an identification number
				constitutes filing of a petition.
(b) Petitions shall be filed with the
				applicable Board of Elections as set forth in the Election Law. The officer or
				board shall endorse the day, hour and minute of receipt on such petitions. Such
				officer or board shall keep a book, which shall be open to public inspection,
				in which shall be entered the name of the candidate, and volume or
				identification numbers of the petitions which have been filed and the time of
				their filing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.6 - Construction of rules; substantial compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as specifically set forth herein,
				these rules shall be liberally construed and technical defects shall be
				disregarded where there has been substantial compliance and where a strict
				construction is not required for the prevention of fraud.
(b) The failure to obtain an identification
				number or inscribe an identification number on one or more petitions or
				petition volumes shall not render any such petition or petition volume invalid.
				The officer or board receiving such petition or petition volume shall assign
				identification numbers to such petition or petition volumes, shall inscribe the
				identification number upon the petition or volume, and shall record the
				identification number of such petition or volume. In such instances, the person
				or persons submitting the petition or petition volume for filing shall be
				deemed to be the applicant for the identification number, or in the event the
				persons submitting the petition or petition volume, cannot be identified, the
				candidates named on the petition or petition volume shall be deemed to be the
				applicant or applicants.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.7 - Determinations; cures pursuant to section 6-134(2) of the Election Law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within two
				business days of the receipt of the petition, the board with whom such petition
				was filed shall review the petition to determine whether the petition complies
				with the cover sheet and binding requirements of these regulations. Such review
				shall be limited to matters apparent on the face of the documents. Such review,
				and such determination, shall be without prejudice to the determination by the
				board of objections and specifications of objections filed pursuant to the
				provisions of the Election Law.
(b)
				In the event that, upon the review conducted pursuant to subdivision (a) of
				this section, the board determines that a petition does not comply with these
				regulations, the board shall forthwith notify the candidate or candidates named
				on the petition of its determination and the reasons therefor.
(c) Notification of a determination of
				noncompliance shall be given by written notice by depositing such notice on the
				day of such determination with an overnight delivery service, for overnight
				delivery, on the next business day, or by personal delivery by the day after
				the determination to the candidate or the contact person, if designated, at the
				address stated on the petition. Notification shall be given by overnight
				delivery or personal delivery only, unless the candidate shall have filed with
				the board written authorization, signed by the candidate, for the board to give
				notification by facsimile transmission. In the event that the candidate shall
				have authorized notification by facsimile transmission, then the board shall
				notify the candidate or the contact person, if designated, by facsimile
				transmission on the day of the determination to the number set forth by the
				candidate and shall, in addition, mail a copy of the determination to the
				candidate.
(d) A candidate may,
				within three business days of the date of a determination that the petition
				does not comply with these regulations, cure the violation of these
				regulations. Cover sheet deficiencies may be corrected by the filing of an
				amended cover sheet. Such cure or correction must be received by the Board of
				Elections no later than the third business day following such
				determination.
(e) If the petition
				is one for an opportunity to ballot, then the first named person on the
				committee to receive notices or applicant(s) for the identification number or
				numbers under which the petition was filed shall be deemed to be the
				"candidate" for purposes of subdivisions (b), (c) and (d) of this
				section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.8 - Form of cover sheet

Current through Register Vol. 46, No. 28, July 10, 2024
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New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6215 - Preparation, Delivery And Filing Of Designation And Nominating Petitions › Section 6215.10 - Advertising, marketing and promotions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The state committee of a political party
				whose rules provide for party positions to be divided by gender shall adopt
				rules which provide for the ability of individuals who do not exclusively
				identify as a binary gender to stand for election to such party
				positions.
(b) Whenever party
				positions are divided by gender, there shall not be a separate contest for each
				such gendered position. There shall be one contest in which eligible voters may
				vote for as many candidates as there are party positions to be filled. The
				canvass of such election shall be transmitted to the party committee which
				shall determine from such canvass which persons shall be seated in accordance
				with the rules of the party, in conformity with section 2-102  of the Election
				Law.
(c) Whenever party positions
				are divided by gender, the candidates shall be listed on the ballot with a
				designation identifying their gender association in parenthesis following the
				name of such candidate. 'M' shall designate male gender, 'F' shall designate
				female gender, and 'X' shall designate any gender other than female or
				male.
(d) Candidates for gendered
				party positions shall indicate their gender on their designating petition. Any
				gender designated other than male or female shall be recorded as 'X.'
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6216 - Help America Vote Act Administrative Complaint Procedure › Section 6216.1 - Purpose of administrative complaint procedure

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this administrative complaint procedure is to
				  provide a uniform, nondiscriminatory administrative complaint procedure by
				  which any person who believes that there is a violation (including a violation
				  which has occurred or is occurring or is about to occur) of any provision of
				  title III of the Federal Help America Vote Act of 2002 (HAVA), may file a
				  complaint seeking redress of their grievance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6216 - Help America Vote Act Administrative Complaint Procedure › Section 6216.2 - Procedure in administrative complaint proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initiation of proceeding and
				informal complaints.
(1) A complaint
				alleging that there is a violation (including a violation which has occurred or
				is occurring or is about to occur) of any provision of title III of the Federal
				Help America Vote Act of 2002 (HAVA), may be made in person, by telephone, or
				in writing. Such complaints may be made to the appropriate local board of
				elections or to the State Board of Elections (the "SBOE"). A toll-free number,
				1-800-458-3453, is available for telephone calls to the SBOE for making a
				complaint. Complaints shall be addressed by election officials expediently and
				informally whenever possible. The SBOE shall make accessible complaint forms
				available on its website.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6216 - Help America Vote Act Administrative Complaint Procedure › Section 6216.3 - Alternative dispute resolution

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(a)
Purpose and overview.
(1) Whenever a final determination of a
				formal complaint is not made within 90 days of the date of acceptance as
				established in section
				6216.2(c)(3) 
				of this Part, or any other longer agreed upon time period, the SBOE shall refer
				the formal complaint to an independent, alternative dispute resolution (ADR)
				agency. Such hearings and determinations shall be conducted by the alternative
				dispute resolution agency pursuant to regulations as outlined below. Such
				agency shall have 60 days, from the expiration of the original 90 day time
				period, or any other longer agreed upon time period, to make a final
				determination. The SBOE shall contract, pursuant to subdivision 4 of section
				3-100 of article 3 of the Election Law with one or more such alternative
				dispute resolution entities for this specific purpose.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to New
				York Election Law, section
				5-614, the State Board of Elections (State
				Board) hereby adopts the following regulations in relation to the operation of
				the statewide voter registration list to be known as NYSVoter.
(b) NYSVoter shall serve as the single,
				interactive, statewide voter registration list for storing and managing the
				official list of registered voters throughout the State. It shall be maintained
				and administered by the State Board. NYSVoter shall maintain one record for
				each registered voter including the statewide unique identifier, current voting
				eligibility status of the voter and voter history, including but not limited
				to, voting history, previous name(s) and addresses. A voter's driver's license
				or non-driver's identification number or any portion of the social security
				number shall not be released for public inspection. The information contained
				in the statewide voter registration list shall not be used for non-election
				purposes.
(c) The County Boards of
				Elections (county board) have sole responsibility for adding, changing,
				canceling or removing voter registration records from their county's portion of
				the statewide voter registration list. The State Board shall make accessible to
				each local board of elections the statewide voter registration list. Such list
				shall be maintained in a computerized form which permits different user
				interfaces which meet the defined interface specification.
(d) NYSVoter shall maintain a transaction
				history of changes made to each voter record, including but not limited to:
				each change made and reasons therefore; the date and time stamp to record the
				date of change; the ID of the county board operator and system that updated the
				record; and a description of the key elements that were changed.
(e) NYSVoter shall operate on a
				24-hour-a-day, seven days a week basis (e.g., the system must be accessible
				during election periods) except for any required maintenance periods, that
				shall be scheduled to minimize impact on the State Board and county boards'
				election administration and voter registration functions. In the event that a
				transaction is not processed the county board shall be notified with the
				reason.
(f) Effective date.
				Effective immediately except that subdivision (d) of this section shall become
				effective on July 1, 2007.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.2 - Initial creation of the statewide voter registration list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The official
				statewide voter registration list shall be created by combining the existing
				voter registration lists maintained by each local board of elections into a
				single integrated list.
(b) To the
				maximum extent practicable, each local board of elections shall continue to use
				its existing computer infrastructure, computer software and database
				applications to access data from and transmit data to the statewide voter
				registration list.
(c) The
				information required to be sent to the State Board to appear on the list shall
				be determined by the State Board of Commissioners.
(d) To create such list, each local board of
				elections shall transmit to the State Board a certified copy of the voter
				registration records of such board in an electronic format prescribed by the
				State Board and continuing as directed by the State Board.
(e) Once all data from the counties has been
				received, the State Board shall run a check for duplicate voter registration
				records within the integrated statewide voter registration list as provided for
				in these regulations.
(f) After all
				duplicate registration issues have been resolved, the State Board shall assign
				a unique identifier to every voter on NYSVoter.
(g) The county board shall append the same
				unique identifier to any corresponding county record.
(h) Effective date. Effective immediately
				except that subdivision (g) of this section shall become effective on July 1,
				2007.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.3 - Review of county voter registration systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every county voter registration system
				must be approved by the State Board to ensure it continually meets the
				functional, technical and security specifications promulgated by the State
				Board for interfacing with the official statewide voter registration list. For
				proposed systems, this approval must be obtained prior to sending data to the
				statewide list.
(b) A county voter
				registration system must have the capability to:
(1) allow county boards to capture, store and
				retrieve voter and election information as required in New York State Election
				Law and this Part;
(2) interface
				with the official statewide voter registration list;
(3) meet all security requirements as set
				forth by the State Board for such systems;
(4) track information specific to single
				elections, including the issuance and return of absentee ballots; and
(5) store and provide images of signatures of
				registered voters.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.5 - Voter registration processing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to vote in New York State, a
				person must possess the constitutional and statutory qualifications of an
				elector and must be registered to vote, and if required, be enrolled in a
				political party.
(1) Qualifications to
				register to vote:
(i) United States
				citizen;
(ii) eighteen years of age
				or older on election day or will be at least 18 years old not later than
				December 31st of the calendar year in which he or she registers; and
(iii) resident in New York State and of the
				county, city or village for a minimum of 30 days next preceding such
				election.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.8 - Processing duplicate voters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				NYSVoter shall identify possible duplicate voter registrations as needed by the
				county board based upon a match of an applicant's first name, last name, and
				date of birth.
(b) NYSVoter shall
				identify possible duplicate voter registrations in near real time at or near
				the time of data entry for all registration application transactions based upon
				a match of an applicant's first three letters of the first name and the first
				five letters of the last name, date of birth, and, if available, the unique
				identification number, or the New York State Department of Motor Vehicles
				driver license or non-driver number or last four digits of the voter's social
				security number. An image of the potential duplicate voter's signature shall be
				made available to the county boards for comparison.
(c) NYSVoter shall notify the counties with
				matching records if voters are potential duplicate registrations between
				counties. The notification shall include pertinent information regarding the
				voter.
(d) If the information
				received by the Board of Elections through NYSVoter indicates that a voter is
				currently registered to vote more than once, the local Board of Elections
				containing the registration record of the earlier dated registration record,
				the "from county", shall send such voter the confirmation notice prescribed by
				section 5-712  of the Election Law and place such
				voter on inactive status pursuant to section 5-213 
				of the Election Law.
(e) After
				determining that the voter is a duplicate, the "to county" will activate a new
				record.
(f) After determining that
				the voter is a duplicate, the "to county" will substitute the unique identifier
				with the unique identifier from the "from county".
(g) Effective date. Effective immediately
				except that subdivisions (b) and (f) of this section shall become effective on
				July 1, 2007.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.9 - Voter registration status

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each voter maintained in NYSVoter will be
				assigned a voter registration status by the county board which will determine
				the voter's eligibility to vote. The voter registration status will be updated
				after an application is processed and an application disposition has been
				assigned. The discreet voter registration statuses and their definitions to be
				stored by NYSVoter are described below.
(1)
				Active. The voter is properly registered and is eligible to vote in elections.
				There are several categories of active voters, as specified below:
(i) active;
(ii) active miliary;
(iii) active UOCAVA;
(iv) active special presidential;
				and
(v) active special
				Federal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.10 - Voter registration list changes and list maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) List
				maintenance activities and schedules.
(1) The
				State Board, in consultation with local boards of elections, shall establish
				minimum standards for statewide voter registration list maintenance activities
				and schedules for such activities.
(2) The list maintenance performed shall be
				conducted in a manner consistent with the Election Law and these regulations to
				ensure that:
(i) the name of each registered
				voter appears in the statewide voter registration list;
(ii) only names of persons who are not
				registered or who are not eligible to vote are removed from such list;
				and
(iii) the prior registrations
				of duplicate names are removed from such list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.11 - Voter registration list security and user administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statewide.
				NYSVoter relies on shared security with both the county board and State Board
				having responsibilities over specific system resources and administration. The
				State Board will be responsible for providing tools necessary for county boards
				to authorize local users to NYSVoter functions, verify that local users
				identified in transaction headers are authorized for that purpose, and for
				insuring that a message was not altered in transmission.
(b) County board. Security over county voter
				registration systems and networks, administration of local users,
				authentication and authorization of county board personnel will be the
				responsibility of each county board. Each county board will configure the local
				county user to have access pursuant to NYSVoter. Since access to NYSVoter will
				be through the county voter registration system, administration and
				authorization to the county voter registration system must include the
				assignment of a user ID and password for the county voter registration system
				that has a role or user-based security management. County boards will have the
				rights to create and modify county users as well as delete users when
				appropriate in their own county.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6217 - New York State Database Regulations › Section 6217.12 - Reports and information queries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) NYSVoter shall provide to county board
				operators the ability to:
(1) query all
				records in the database, regardless of county;
(2) conduct user-defined searches of voter
				records;
(3) generate pre-defined
				and ad hoc queries and reports in formats as needed;
(4) filter reports based on key data fields
				contained in the output (e.g., date, county);
(5) provide a third party reporting tool
				(e.g., query by example) for ad hoc reporting requests; and
(6) sort voter registration data by county,
				election district, jurisdiction, birth date, and other information (e.g., last
				name, first name, voter registration number, unique identification number,
				address order).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to civil enforcement proceedings as
				  provided for by section 3-104  of the Election Law. It is the intent and purpose
				  of these rules to provide a fair and efficient process of civil enforcement
				  that ensures due process of law in all administrative adjudicatory
				  proceedings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.3 - Commencement of Election Law section 3-104 proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adjudicatory
				proceedings pursuant to section 3-104  of the Election Law shall be commenced
				when the chief enforcement counsel requests the assignment of a hearing
				officer, serves a notice of hearing and the report of the chief enforcement
				counsel (report) upon the respondents and provides the report to the assigned
				hearing officer. The report, which is also the complaint initiating the
				adjudicatory process, shall consist of:
(1) a
				statement of the legal authority and jurisdiction under which the proceeding is
				to be held;
(2) a reference to the
				particular sections of the statutes, rules, regulations or opinions of the
				State Board involved;
(3) a plain
				and concise statement of the facts constituting the alleged unlawful violation
				of the Election Law;
(4) a
				statement pursuant to 3-104 of the Election Law as to whether substantial
				reason exists to believe a violation of the Election Law has occurred and, if
				so, the nature of the violation and any applicable penalty, based on the nature
				of the violation; whether the matter should be resolved extra-judicially; and
				whether a special proceeding should be commenced in the supreme court to
				recover a civil penalty;
(5) a
				statement that interpreter services are available if needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.4 - Conduct of adjudicatory proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing
				officer assigned shall set the time at which a hearing shall be held, and shall
				grant or deny adjournments or continuations thereof. To the extent practicable,
				adjournments shall be scheduled by the hearing officer upon consultation with
				all participants. Notices of adjournment or continuation shall be transmitted
				directly to the parties by the hearing officer.
(b) All adjudicatory proceedings will be
				conducted in accordance with the State Administrative Procedure Act, the
				Election Law, rules, regulations and opinions of the State Board and all other
				applicable legal authority. Such law, regulations, opinions and authority
				shall, as relevant, be binding on all determinations and findings of the
				hearing officer. In all instances, due process of law will be observed,
				including the creation of a transcription of any hearing.
(c) A respondent may request the hearing
				officer to direct the chief enforcement counsel to provide a more definite
				statement or particularization of an alleged violation in the report of the
				chief enforcement counsel. If the hearing officer determines such request is
				reasonable, the hearing officer shall direct the chief enforcement counsel to
				provide a more definite statement within a reasonable time frame.
(d) The hearing officer shall make findings
				of fact and conclusions of law based on a preponderance of the evidence as to
				whether a violation has been established and, if so, who is guilty of such
				violation on notice to and with an opportunity for the individual or entity
				accused of any violations to be heard. However, if the hearing officer finds
				that on balance, the equities favor a dismissal of the complaint, the hearing
				officer shall dismiss the charges. In determining whether the equities favor a
				dismissal, the hearing officer shall consider the following factors:
(1) whether the complaint alleges a
de minimis
violation(s) of article 14 of the Election
				Law;
(2) whether the subject of the
				complaint has made a good faith effort to correct the violation; and
(3) whether the subject of the complaint has
				a history of similar violations.
For purposes of making any such findings, proceedings before
				  the hearing officer shall be governed by article 3 of the State Administrative
				  Procedure Act and shall be made on a fair, equitable and uniform basis without
				  regard to the status of the individual who is the subject of the report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.5 - Scope and time of settlement

Current through Register Vol. 46, No. 28, July 10, 2024
The chief enforcement counsel may, in the exercise of
				  discretion, enter into settlement agreements with willing respondents, provided
				  such provisions are not contrary to law or the rules, regulations and relevant
				  formal or advisory opinions of the State Board. Settlement agreements shall be
				  entered into on a fair, equitable and uniform basis without regard to the
				  status of the respondent who is the subject of the report. If a settlement
				  agreement is entered into before the hearing officer makes findings of fact,
				  such settlement agreement shall, in accordance with its terms and conditions,
				  constitute a final administrative disposition of the adjudicatory
				  proceeding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.6 - Affidavits

Current through Register Vol. 46, No. 28, July 10, 2024
When a verified statement is required or deemed desirable by
				  any party, it shall be sufficient for the deponent to subscribe a statement at
				  the end thereof that the "foregoing statement is affirmed under penalties of
				  perjury." A statement verified before a notary public will be equally
				  acceptable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.8 - Service of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Every notice of hearing served shall be served with a copy of
				  these rules, a plain language summary of these rules, a copy of articles 3, 4
				  and 5 of the State Administrative Procedure Act and relevant definitions under
				  section 102 of the State Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.9 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every party
				shall be accorded the right to appear in person or by or with counsel, at his
				or her own expense.
(b) Any person
				compelled to appear or who voluntarily appears before a hearing officer as a
				witness shall be accorded the right to be accompanied, represented and advised
				by counsel, at his or her own expense.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.10 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the
				extent practicable requests for adjournment must be made by written affidavit
				addressed to the hearing officer, and must be received at the office of the
				State Board no later than three business days prior to the scheduled date of
				hearing. The affidavit must contain sufficient details to explain the reason
				for the request so as to enable the hearing officer to rule thereon.
(b) The first request of any party to adjourn
				an adjudicatory hearing will be granted by the hearing officer for good cause
				shown, and any subsequent adjournment requests of such party will be granted by
				the hearing officer if necessary to avoid real prejudice to the requesting
				party.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.11 - Discovery and subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
If a party requires a subpoena to produce a witness or
				  necessary materials for the specific purpose of an adjudicatory hearing
				  conducted pursuant to this Part, an application for a subpoena may be made to
				  the hearing officer and, upon good cause shown, shall be issued by the hearing
				  officer as provided for by the State Administrative Procedure Law. An
				  application to the hearing officer for the issuance of a subpoena shall be made
				  on notice to all parties and to the co-counsels of the State Board. To ensure
				  that an application for a subpoena by the chief enforcement counsel to the
				  hearing officer shall not result in derogation of the powers reserved by to the
				  State Board pursuant to subdivision 3 of section 3-104  of the Election Law,
				  such a subpoena shall be narrowly drawn to meet the needs of the adjudicatory
				  process and shall not be speculative or investigatory.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.12 - Time periods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except by
				consent of the parties, every adjudicatory proceeding under this Part shall be
				brought to completion by the issuance of the hearing officer's findings of fact
				and conclusions of law within 90 days after, as applicable:
(1) the date of the hearing; or
(2) if no hearing was held, the date the
				answer was served; or
(3) if no
				answer is served, the date the answer was due.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.13 - Special Provisions For Failure to File Adjudications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Chief
				Enforcement Counsel may present a list of committees and candidates who have
				allegedly failed to file a particular campaign finance disclosure report or
				reports required to be filed pursuant to title one of article fourteen of the
				election law for administrative adjudication pursuant to this Part, and each
				such aggregation of non-filers shall be considered a single matter for purposes
				of this Part when the sole allegation of the report of the Chief Enforcement
				Counsel with respect to each committee or candidate is a failure to make one or
				more timely campaign disclosure filings.
(b) Such failure to file list shall be
				accompanied with an affirmation or affidavit averring:
(1) that the records of the state board of
				elections demonstrate that such committee or candidates on the failure to file
				list have not filed the required report or reports as of the time the list was
				submitted by the Chief Enforcement Counsel; and
(2) the Chief Enforcement Counsel's office
				provided notice of non-filing to the committees and candidates on the list in
				substantial compliance with Election Law § 14-108(5) and notwithstanding
				such notice the filing was not made within five days of the committees' or
				candidates' receipt thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6219 - Certain Special Federal Voters Also Entitled to State and Local Ballots › Section 6219.1 - Absentee Voters Entitled to Special Federal Ballot

Current through Register Vol. 46, No. 28, July 10, 2024
Voters who submit an otherwise valid Federal Post Card
				  Application pur suant to Article 11 Title 2 of the Election Law and
				  52 U.S.C. §
										20302 [a][4] and select on such application
				  the category "I am a U.S. citizen living outside the country, and I intend to
				  return" are entitled to a special federal ballot. Such voters when also duly
				  registered to vote pursuant to Article 5 of the Election Law are entitled to
				  the state and local ballot in con formity with the provisions of the Election
				  Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6219 - Certain Special Federal Voters Also Entitled to State and Local Ballots › Section 6219.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Voters meeting the criteria of 6219.1 shall be entered into
				  the special federal ballot transmittal system provide d by the state board of
				  elections. Such special federal voters shall be identified therein apart from
				  other special federal voters as also entitled to receive a state and local
				  ballot. Such voters shall receive the special federal ballot in conformity with
				  state and federal law, and shall receive the state and local portion of the
				  ballot in conformity with state law through the aforesaid transmittal
				  system.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6219 - Certain Special Federal Voters Also Entitled to State and Local Ballots › Section 6219.3 - No New State Law Entitlement

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing herein shall be construed to permit a voter who does
				  not meet the requirements for voter registration provided for in Article 5 of
				  the Election law to receive a ballot containing state or local
				  offices.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6220 - Cyber Security Requirements for Boards of Elections › Section 6220.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				"
Authentication
" Means the process or action of verifying the
				identity of a user, process or device.
(b) "
Board of Elections
" or
				"
County Board
" Means each County Board of Elections.
(c) "
Cloud Service
" Means a wide
				range of services delivered on-demand over the Internet. These services are
				designed to provide affordable and easy access to applications and
				resources.
(d) "
Complex
				Password Management Policy
" Means a password policy on any information
				system that supports Election Data and is capable of complying with guidelines
				set forth in National Institute of Standards and Technology (NIST) Special
				Publication 800-63B Digital Identity Guidelines Authentication and Lifecycle
				Management.
(e) "
Cyber
				Incident Reporting Procedure
" Means the process created by the State
				Board of Elections to be followed by both the County Board and/or the State
				Board of Elections when reporting a cyber security incident.
(f) "
Cyber Security Incident
"
				Means any imminent or successful act to gain unauthorized access to, or create
				disruption resulting in the misuse of, any information system that processes
				election data or any non-public information by the Boards of
				Elections.
(g) "
Data
				Assets
" Means the data that an organization collects, manages, produces,
				modifies or stores either electronically or physically. This can refer to any
				application output file, document, database information, web page code, etc.
(h) "
Domain-based Messaging,
				Authentication, Reporting & Conformance
(DMARC) " Means an email
				authentication, policy, and reporting protocol that can improve email
				protection by monitoring email messages to help mitigate risk to the
				organization.
(i) "
Domain
				Naming System (DNS)
" Means a hierarchical and decentralized system for
				computers, services, or other resources connected to the Internet or a private
				network that translates a name to an Internet Protocol address.
(j) "
Election Data
" Means all
				data contained on servers, workstations and devices, other than voting systems,
				used for the administration of elections, including but not limited to:
(1) voter registration data;
(2) election management data;
(3) poll site data;
(4) ballot access data;
(5) electronic transmission of absentee
				ballot data; and
(5) public-facing
				website data.