Relates to the preservation of ballots and information stored on electronic media; requires such information and ballots to be preserved for two years after an election and then be destroyed; exempts such ballots and information from disclosure pursuant to article six of the public officers law.
STATE OF NEW YORK
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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 Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 3-222 of the election law,
2 subdivision 1 as amended by chapter 169 of the laws of 2011 and subdivi-
3 sion 2 as amended by chapter 282 of the laws of 2011, are amended to
4 read as follows:
5 1. Except as hereinafter provided, removable memory cards or other
6 similar electronic media shall remain sealed against reuse until such
7 time as the information stored on such media has been preserved in a
8 manner consistent with procedures developed and distributed by the state
9 board of elections. Such information shall be preserved for two years
10 after such election. At the expiration of such time, such preserved
11 information shall be deleted by the officer or board having charge of
12 it. Provided, however, that the information stored on such electronic
13 media or preserved from such electronic media, and all the data and
14 figures therein may only be examined upon the order of any court or
15 judge of competent jurisdiction or may be examined at the direction of a
16 committee of the senate or assembly to investigate and report upon
17 contested elections of members of the legislature voted for by the use
18 of voting machines utilizing such electronic media and such data and
19 such figures examined by such committee in the presence of the officer
20 having the custody of voting machines and electronic media, and
21 provided, further, that such information or data shall be exempt from
22 disclosure pursuant to article six of the public officers law.
23 2. Voted ballots shall be preserved for two years after such election
24 and the packages thereof may be opened and the contents examined only
25 upon order of a court or judge of competent jurisdiction, or by direc-
26 tion of such committee of the senate and assembly if the ballots relate
27 to the election under investigation by such committee, and provided,
28 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
1 article six of the public officers law, and at the expiration of such
2 time, such ballots [may be disposed of at the discretion of] shall be
3 destroyed by the officer or board having charge of them.
4 § 2. This act shall take effect immediately.
