S T A T E O F N E W Y O R K
________________________________________________________________________
1081
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT to amend the executive law, in relation to analyzing and report-
ing on the vulnerability of electronically stored voter and election
information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 711-c
to read as follows:
§ 711-C. ANALYSIS AND REPORT ON THE VULNERABILITY OF ELECTRONICALLY
STORED VOTER AND ELECTION INFORMATION. 1. THE COMMISSIONER, IN CONJUNC-
TION WITH THE STATE BOARD OF ELECTIONS AND THE DIRECTOR OF THE OFFICE OF
INFORMATION TECHNOLOGY SERVICES SHALL CONDUCT A VULNERABILITY ANALYSIS
AND REPORT, REGARDING THE VULNERABILITY OF ELECTRONICALLY STORED VOTER
AND ELECTION RELATED INFORMATION HELD BY EITHER THE STATE BOARD OF
ELECTIONS AND/OR COUNTY BOARDS OF ELECTION. SUCH VULNERABILITY ANALYSIS
SHALL INCLUDE BUT NOT BE LIMITED TO AN EXAMINATION OF THE VULNERABILITY
OF REGISTRATION RECORDS AND VOTING MACHINES, TO ELECTRONIC HACKING AND
CYBER-ATTACKS FROM BOTH FOREIGN AND DOMESTIC SOURCES.
2. SUCH VULNERABILITY ANALYSIS AND REPORT SHALL MAKE RECOMMENDATIONS
REGARDING SECURING SUCH INFORMATION AND PREVENTING THE CORRUPTION OF
VOTER AND ELECTION RELATED INFORMATION BY HACKING OR CYBER-ATTACK. THE
COMMISSIONER SHALL REPORT SUCH FINDINGS BIANNUALLY TO THE GOVERNOR,
TEMPORARY PRESIDENT OF THE SENATE, MINORITY LEADER OF THE SENATE, SPEAK-
ER OF THE ASSEMBLY, AND MINORITY LEADER OF THE ASSEMBLY. THE FIRST
REPORT SHALL BE MADE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION.
3. ALL REPORTS AND OTHER INFORMATION REQUIRED TO BE REPORTED UNDER
THIS SECTION SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06865-01-7