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A11324 Summary:

BILL NOA11324
 
SAME ASSAME AS S08615
 
SPONSORRules (Otis)
 
COSPNSR
 
MLTSPNSR
 
Add §3-113, El L
 
Establishes an election security navigator program within the state board of elections to provide assistance for local boards of elections in mitigating cybersecurity threats, improving physical and operational preparedness, and enhancing public confidence in the integrity of elections.
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A11324 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11324
 
                   IN ASSEMBLY
 
                                      May 11, 2026
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Otis) --
          read once and referred to the Committee on Election Law
 
        AN ACT to amend the  election  law,  in  relation  to  establishing  the
          election security navigator program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by finds that New York's elections are administered by  a  decentralized
     3  network  of  state  and  county  boards of elections, many of which face
     4  resource constraints and limited technical staffing capacity.  In  light
     5  of   growing   cybersecurity   threats,   sophisticated   disinformation
     6  campaigns, and physical threats to election  infrastructure  and  opera-
     7  tional  disruptions, coordinated state support is necessary to safeguard
     8  New York's election systems. To ensure that local  boards  of  elections
     9  receive  technical  guidance, training, and response assistance tailored
    10  to their specific vulnerabilities and resource levels,  the  legislature
    11  declares  that  the  public  interest requires that a dedicated election
    12  security navigator program  be  established  with  funding  adequate  to
    13  support  the  maximum number of county boards of elections who seek such
    14  support.
    15    § 2. The election law is amended by adding a new section 3-113 to read
    16  as follows:
    17    § 3-113. Election security navigator program. 1. For the  purposes  of
    18  this section:
    19    (a)  "Navigator  program"  shall  mean the election security navigator
    20  program established pursuant to this section.
    21    (b) "Program director"  shall  mean  the  director  of  the  navigator
    22  program.
    23    2. (a) There is hereby established within the state board of elections
    24  an  election  security navigator program. The head of such program shall
    25  be the program director who shall be appointed by  the  state  board  of
    26  elections.  The  program  director  shall  have  expertise  in  election
    27  cybersecurity, operational security, and personnel management.
    28    (b) The navigator program shall have the following  functions,  powers
    29  and duties:
    30    (i)  provide  assistance  on  a  voluntary  basis  for local boards of
    31  elections in mitigating cybersecurity threats,  improving  physical  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13952-02-5

        A. 11324                            2
 
     1  operational  preparedness, and enhancing public confidence in the integ-
     2  rity of elections;
     3    (ii)  develop and operate the navigator program based on a system that
     4  prioritizes requests for allocation of  services  that  considers  local
     5  boards  of elections' need, risk, and available resources, as determined
     6  by the state board of elections;
     7    (iii) employ or contract election security navigators to carry out the
     8  functions and duties of the navigator  program  with  respect  to  local
     9  boards  of  elections  and  local  jurisdictions  and serve as a liaison
    10  between the state board of elections,  local  jurisdictions,  and  local
    11  boards of elections;
    12    (iv)  facilitate  information  sharing  between  the  state  board  of
    13  elections,  local  jurisdictions,  and  local  boards  of  elections  on
    14  election threats, vulnerabilities, and incident reports;
    15    (v)  conduct  or  coordinate  ongoing  risk  assessments  for election
    16  offices and infrastructure;
    17    (vi) assist with incident response planning, continuity of  operations
    18  planning, and tabletop exercises;
    19    (vii)  provide training and standardized guidance materials to support
    20  local preparedness;
    21    (viii) coordinate access to appropriate and trustworthy international,
    22  federal, state, multi-state, and private  cybersecurity  resources  that
    23  currently exist or have yet to be formed;
    24    (ix) assist local boards of elections in applying for funding opportu-
    25  nities or deploying available funds related to election security includ-
    26  ing, but not limited to, federal grants under the Help America Vote Act,
    27  the Homeland Security Grant Program, and the State and Local Cybersecur-
    28  ity Grant Program; and
    29    (x)  develop  an election security navigators student program in part-
    30  nership with the state university of New York.
    31    3. No later than  three  months  after  the  effective  date  of  this
    32  section,  the  state  board  of  elections shall commence the process of
    33  designing the election security navigator program through a  needs-based
    34  assessment considering:
    35    (a) state election security support and services;
    36    (b) the capabilities and needs of local jurisdictions as regards local
    37  boards  of  elections, including the needs for: cybersecurity expertise,
    38  incident response coordination, incident response plan development,  and
    39  exercises that include incident response scenarios;
    40    (c)  direct  consultation with a representative sample of local boards
    41  of elections; and
    42    (d) consultation with:
    43    (i) the state office of information technology services;
    44    (ii) the state division of homeland security and emergency services;
    45    (iii) current and  former  staff  of  the  federal  Cybersecurity  and
    46  Infrastructure Security Agency;
    47    (iv)  officials administering election cybersecurity programs in other
    48  states; and
    49    (v) private sector, non-profit, and  academic  experts  in  cyber  and
    50  election security.
    51    Any  information  contained  in a needs-based assessment for any local
    52  board of elections or local jurisdiction conducted under  this  subdivi-
    53  sion  shall  be  kept  confidential  and shall not be made available for
    54  disclosure or inspection under the freedom of information law  unless  a
    55  subpoena  or  other  court order directs the state board of elections or
    56  relevant local board of elections to release such assessment.

        A. 11324                            3
 
     1    4. (a) No later than three months after the completion  of  the  needs
     2  assessment  pursuant  to  subdivision  three  of this section, the state
     3  board of elections shall promulgate regulations establishing the naviga-
     4  tor program with the functions, powers and duties as set forth in subdi-
     5  vision two of this section.
     6    (b)  The  state  board  of  elections  shall conduct no fewer than two
     7  public hearings to elicit comment and feedback  on  the  proposed  regu-
     8  lation  establishing  the  navigator  program,  with one hearing held in
     9  Albany and at least one held in New York  city.  Before  finalizing  the
    10  regulations  establishing  the navigator program, the board of elections
    11  shall consider the comments and feedback received, modify  the  proposed
    12  regulation  as  appropriate  in  light  of  the  comments  and  feedback
    13  received, and issue a report indicating the manner in which it responded
    14  to the comments received before finalizing its regulations  establishing
    15  the election security navigator program.
    16    5.  (a)  The  state  board  of elections shall publish on its publicly
    17  available website and submit to the governor, the temporary president of
    18  the senate, and the speaker of the assembly, an annual report  regarding
    19  the  activities  and  performance  of  the  election  security navigator
    20  program no later than March first of  each  year.  The  content  of  the
    21  report shall include, but not be limited to:
    22    (i) aggregate performance metrics;
    23    (ii) services provided;
    24    (iii) the types of existing and emerging risks identified;
    25    (iv)  any recommendations for changes to state statutes or regulations
    26  affecting the navigator program; and
    27    (v) any budgetary requests  or  other  changes  to  navigator  program
    28  financing.
    29    (b) In the annual report provided pursuant to this subdivision, begin-
    30  ning  with the report covering the second year of the program, the state
    31  board of election shall report on progress  in  developing  an  election
    32  security  navigators  student  program  in  partnership  with  the state
    33  university of New York.
    34    6. (a) The navigator program shall be funded through a separate gener-
    35  al budget allocation to the state board of elections in an amount suffi-
    36  cient to provide assistance  to  the  local  boards  of  elections.  The
    37  program  director  shall  annually submit a budget request for an amount
    38  not less than three million dollars, adjusted annually for inflation.
    39    (b) The state board of elections shall be authorized to apply for  and
    40  receive  additional federal and private sources of funding and may enter
    41  into agreements with federal and state agencies to facilitate and  carry
    42  out the functions, powers and duties of the navigator program.
    43    §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
    44  section or part of this act shall be adjudged by any court of  competent
    45  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    46  invalidate the remainder thereof, but shall be confined in its operation
    47  to the clause, sentence, paragraph, subdivision, section or part thereof
    48  directly involved in the controversy in which such judgment  shall  have
    49  been rendered. It is hereby declared to be the intent of the legislature
    50  that  this  act  would have been enacted even if such invalid provisions
    51  had not been included herein. The provisions of this act shall be sever-
    52  able and if any portion thereof or  the  applicability  thereof  to  any
    53  person  or  circumstance  shall  be held to be invalid, the remainder of
    54  this act and the application thereof shall not be affected thereby.
    55    § 4. This act shall take effect immediately.
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