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S08615 Summary:

BILL NOS08615
 
SAME ASNo Same As
 
SPONSORGONZALEZ
 
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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S08615 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8615
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    December 12, 2025
                                       ___________
 
        Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13952-02-5

        S. 8615                             2
 
     1  elections.  The  program  director  shall  have  expertise  in  election
     2  cybersecurity, operational security, and personnel management.
     3    (b)  The  navigator program shall have the following functions, powers
     4  and duties:
     5    (i) provide assistance on  a  voluntary  basis  for  local  boards  of
     6  elections  in  mitigating  cybersecurity threats, improving physical and
     7  operational preparedness, and enhancing public confidence in the  integ-
     8  rity of elections;
     9    (ii)  develop and operate the navigator program based on a system that
    10  prioritizes requests for allocation of  services  that  considers  local
    11  boards  of elections' need, risk, and available resources, as determined
    12  by the state board of elections;
    13    (iii) employ or contract election security navigators to carry out the
    14  functions and duties of the navigator  program  with  respect  to  local
    15  boards  of  elections  and  local  jurisdictions  and serve as a liaison
    16  between the state board of elections,  local  jurisdictions,  and  local
    17  boards of elections;
    18    (iv)  facilitate  information  sharing  between  the  state  board  of
    19  elections,  local  jurisdictions,  and  local  boards  of  elections  on
    20  election threats, vulnerabilities, and incident reports;
    21    (v)  conduct  or  coordinate  ongoing  risk  assessments  for election
    22  offices and infrastructure;
    23    (vi) assist with incident response planning, continuity of  operations
    24  planning, and tabletop exercises;
    25    (vii)  provide training and standardized guidance materials to support
    26  local preparedness;
    27    (viii) coordinate access to appropriate and trustworthy international,
    28  federal, state, multi-state, and private  cybersecurity  resources  that
    29  currently exist or have yet to be formed;
    30    (ix) assist local boards of elections in applying for funding opportu-
    31  nities or deploying available funds related to election security includ-
    32  ing, but not limited to, federal grants under the Help America Vote Act,
    33  the Homeland Security Grant Program, and the State and Local Cybersecur-
    34  ity Grant Program; and
    35    (x)  develop  an election security navigators student program in part-
    36  nership with the state university of New York.
    37    3. No later than  three  months  after  the  effective  date  of  this
    38  section,  the  state  board  of  elections shall commence the process of
    39  designing the election security navigator program through a  needs-based
    40  assessment considering:
    41    (a) state election security support and services;
    42    (b) the capabilities and needs of local jurisdictions as regards local
    43  boards  of  elections, including the needs for: cybersecurity expertise,
    44  incident response coordination, incident response plan development,  and
    45  exercises that include incident response scenarios;
    46    (c)  direct  consultation with a representative sample of local boards
    47  of elections; and
    48    (d) consultation with:
    49    (i) the state office of information technology services;
    50    (ii) the state division of homeland security and emergency services;
    51    (iii) current and  former  staff  of  the  federal  Cybersecurity  and
    52  Infrastructure Security Agency;
    53    (iv)  officials administering election cybersecurity programs in other
    54  states; and
    55    (v) private sector, non-profit, and  academic  experts  in  cyber  and
    56  election security.

        S. 8615                             3
 
     1    Any  information  contained  in a needs-based assessment for any local
     2  board of elections or local jurisdiction conducted under  this  subdivi-
     3  sion  shall  be  kept  confidential  and shall not be made available for
     4  disclosure or inspection under the freedom of information law  unless  a
     5  subpoena  or  other  court order directs the state board of elections or
     6  relevant local board of elections to release such assessment.
     7    4. (a) No later than three months after the completion  of  the  needs
     8  assessment  pursuant  to  subdivision  three  of this section, the state
     9  board of elections shall promulgate regulations establishing the naviga-
    10  tor program with the functions, powers and duties as set forth in subdi-
    11  vision two of this section.
    12    (b) The state board of elections  shall  conduct  no  fewer  than  two
    13  public  hearings  to  elicit  comment and feedback on the proposed regu-
    14  lation establishing the navigator program,  with  one  hearing  held  in
    15  Albany  and  at  least  one held in New York city. Before finalizing the
    16  regulations establishing the navigator program, the board  of  elections
    17  shall  consider  the comments and feedback received, modify the proposed
    18  regulation  as  appropriate  in  light  of  the  comments  and  feedback
    19  received, and issue a report indicating the manner in which it responded
    20  to  the comments received before finalizing its regulations establishing
    21  the election security navigator program.
    22    5. (a) The state board of elections  shall  publish  on  its  publicly
    23  available website and submit to the governor, the temporary president of
    24  the  senate, and the speaker of the assembly, an annual report regarding
    25  the activities  and  performance  of  the  election  security  navigator
    26  program  no  later  than  March  first  of each year. The content of the
    27  report shall include, but not be limited to:
    28    (i) aggregate performance metrics;
    29    (ii) services provided;
    30    (iii) the types of existing and emerging risks identified;
    31    (iv) any recommendations for changes to state statutes or  regulations
    32  affecting the navigator program; and
    33    (v)  any  budgetary  requests  or  other  changes to navigator program
    34  financing.
    35    (b) In the annual report provided pursuant to this subdivision, begin-
    36  ning with the report covering the second year of the program, the  state
    37  board  of  election  shall  report on progress in developing an election
    38  security navigators  student  program  in  partnership  with  the  state
    39  university of New York.
    40    6. (a) The navigator program shall be funded through a separate gener-
    41  al budget allocation to the state board of elections in an amount suffi-
    42  cient  to  provide  assistance  to  the  local  boards of elections. The
    43  program director shall annually submit a budget request  for  an  amount
    44  not less than three million dollars, adjusted annually for inflation.
    45    (b)  The state board of elections shall be authorized to apply for and
    46  receive additional federal and private sources of funding and may  enter
    47  into  agreements with federal and state agencies to facilitate and carry
    48  out the functions, powers and duties of the navigator program.
    49    § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
    50  section  or part of this act shall be adjudged by any court of competent
    51  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    52  invalidate the remainder thereof, but shall be confined in its operation
    53  to the clause, sentence, paragraph, subdivision, section or part thereof
    54  directly  involved  in the controversy in which such judgment shall have
    55  been rendered. It is hereby declared to be the intent of the legislature
    56  that this act would have been enacted even if  such  invalid  provisions

        S. 8615                             4
 
     1  had not been included herein. The provisions of this act shall be sever-
     2  able  and  if  any  portion  thereof or the applicability thereof to any
     3  person or circumstance shall be held to be  invalid,  the  remainder  of
     4  this act and the application thereof shall not be affected thereby.
     5    § 4. This act shall take effect immediately.
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