What's happening
This bill requires electronic election data and ballots to be preserved for two years, then destroyed, and exempts them from public disclosure.
Why it matters
Limits opportunities for independent or public review of election data. by making both electronic election records and voted ballots explicitly exempt from Freedom of Information Law (FOIL) requests, meaning the public cannot access these materials to verify or audit election outcomes outside of court-ordered circumstances.
Mandates strict destruction protocols. , requiring that all electronic election records and physical ballots be preserved for exactly two years following an election, after which they must be deleted or destroyed by the officials in charge, removing the possibility of longer-term preservation for historical or research purposes.
Centralizes control over election transparency and contestation. by allowing access to preserved election materials only through court orders or legislative investigations, potentially raising questions about checks on election integrity and the public’s ability to hold election officials accountable.
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Who cares
Headline styles
Keep Ballots and Data Longer
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8290
IN SENATE
April 26, 2018
Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to the preservation of ballots and information stored on electronic media
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 3-222 of the election law, subdivision 1 as amended by chapter 169 of the laws of 2011 and subdivision 2 as amended by chapter 282 of the laws of 2011, are amended to read as follows:
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. Such information shall be preserved for two years after such election. At the expiration of such time, such preserved information shall be deleted by the officer or board having charge of it. Provided, however, that the information stored on such electronic media or preserved from such electronic media, and all the data and figures therein may only 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, and provided, further, that such information or data shall be exempt from disclosure pursuant to article six of the public officers law.
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 provided, further, that such ballots shall be exempt from disclosure pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15593-01-8
S. 8290 2
article six of the public officers law, and at the expiration of such time, such ballots [may be disposed of at the discretion of] shall be destroyed by the officer or board having charge of them.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to the preservation of ballots and information stored on electronic media
Purpose
This bill would provide further guidance on the preservation of informa- tion on removable memory cards used in voting machines and voted ballots, and exempts removable memory cards and voted ballots from free- dom of information law disclosures.
Summary of provisions
Section 1 of the bill would amend Election Law § 3-222(1) and (2) to specify that information stored on removable memory cards used in voting machines be preserved for two years, and exempts such information from disclosure under FOIL. It also exempts voted ballots from disclosure under FOIL, and mandates destruction of those ballots after two years.
Section 2 of the bill provides for an immediate effective date.
Justification
Current law prescribes that the information stored on removable memory cards used in voting machines and the voted ballots be preserved for two years, and provides for disclosure of such information or ballots only upon court a court order or by direction of a legislative committee investigating the election to which the cards or ballots pertain.
Recently, in In the Matter of Kosmider v. Whitney (2018 NY Slip Op 02517; Third Department), an intermediate appellate court held that the voted ballots were subject to disclosure under the Freedom of Informa- tion Law (Public Officers Law Article 6, "FOIL"). The Third Department found that absent an explicit legislative intent to exempt these docu- ments from disclosure, they should be released pursuant to a FOIL request. The Legislature believes that this decision is incorrect, and the information on the removable memory cards and the voted ballots should be exempt from disclosure under FOIL because the current grounds for releasing this information are sufficient to balance public interest in accessing such information with the administrative burdens on local boards of election in assembling these documents when necessary.
Further, the Legislature believes that the Third Department's reading of Election Law § 3-222 to not contain a FOIL exemption, and thereby permitting disclosure under FOIL, is inaccurate because the bases for disclosure, a court order or direction of a legislative committee inves- tigating an election, serve as explicit grounds on which disclosure may occur. This bill seeks to clarify the Third Department's decision and make clear the legislative intent that information on memory cards from voting machines and voted ballots are not subject to disclosure under FOIL.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.