S T A T E O F N E W Y O R K
________________________________________________________________________
498
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. LIFTON -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to allowing the state
board of elections to enter into an agreement with an entity which
shall share and process data that relates to the maintenance of the
state's voter registration lists and provides regular reports to the
state board of elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The election law is amended by adding a new section 5-616
to read as follows:
§ 5-616. STATEWIDE VOTER REGISTRATION LIST MAINTENANCE. 1. THE STATE
BOARD OF ELECTIONS MAY ENTER INTO AN AGREEMENT WITH AN ENTITY WHICH
SEEKS TO LESSEN THE BURDENS OF GOVERNMENT BY FACILITATING THE COLLAB-
ORATION OF STATE AND LOCAL GOVERNMENT UNITS TO CONDUCT RESEARCH, DEVELOP
TECHNOLOGY, AND PERFORM OTHER CHARITABLE AND EDUCATIONAL ACTIVITIES
DESIGNED TO REDUCE THE COSTS AND INCREASE THE ACCURACIES AND EFFICIEN-
CIES ASSOCIATED WITH THEIR USE OF VOTER REGISTRATION SYSTEMS. SUCH ENTI-
TY SHALL PROVIDE A SERVICE TO THE STATE WHICH INCLUDES SHARING AND PROC-
ESSING DATA THAT RELATES TO THE MAINTENANCE OF THE STATE'S VOTER
REGISTRATION LISTS. IN ORDER TO ENSURE THE ACCURACY OF SUCH A SERVICE,
AN ENTITY MUST, AT A MINIMUM, BE ABLE TO COMPARE THE DATA CONTAINED
WITHIN THE STATE VOTER REGISTRATION LIST TO DATA PROVIDED FROM ONE OR
MORE ADDITIONAL STATE AGENCIES. AS PART OF ANY AGREEMENT ENTERED INTO AS
DESCRIBED IN THIS SECTION, THE DATA SHARED BETWEEN STATE AGENCIES MAY BE
SHARED WITH OTHER STATES AS LONG AS THE REQUIREMENT TO PROVIDE VOTER
REGISTRATION DATA IN ADDITION TO THAT FROM ANOTHER STATE GOVERNMENT
SOURCE IS MAINTAINED FOR ALL STATES PARTICIPATING IN SUCH ACTIVITY. THE
ENTITY MUST ALSO BE ABLE TO PROVIDE REGULAR REPORTS REGARDING THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05100-01-9
A. 498 2
RESULTS OF SUCH DATA COMPARISON ACTIVITIES TO THE STATE ON, AT LEAST, A
MONTHLY BASIS.
2. (A) DESIGNATED STATE AGENCIES SHALL ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE STATE BOARD OF ELECTIONS RELATED TO THE PROVISION
OF INFORMATION THAT IS NECESSARY TO MAINTAIN THE STATEWIDE VOTER REGIS-
TRATION LIST PURSUANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION. AT A MINIMUM, THE MEMORANDUM OF UNDERSTANDING
SHALL PROVIDE THAT A DESIGNATED STATE AGENCY SHALL PROVIDE NECESSARY
INFORMATION TO MAINTAIN THE VOTER REGISTRATION LIST UPON REQUEST BY THE
STATE BOARD OF ELECTIONS; PROVIDED, HOWEVER, THAT A DESIGNATED STATE
AGENCY SHALL NOT RELEASE INFORMATION THAT IS PROTECTED FROM DISCLOSURE
BY LAW.
(B) THE INFORMATION TRANSMITTED BY STATE AGENCIES PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:
(1) ALL NAME FIELDS; (2) ALL ADDRESS FIELDS; (3) DRIVER'S LICENSE OR
STATE ID NUMBER; (4) LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER; (5)
DATE OF BIRTH; (6) ACTIVITY DATES AS DEFINED BY THE ENTITY CONTRACTED
WITH PURSUANT TO SUBDIVISION ONE OF THIS SECTION; (7) CURRENT RECORD
STATUS; (8) AFFIRMATIVE DOCUMENTATION OF CITIZENSHIP; (9) THE TITLE/TYPE
OF AFFIRMATIVE DOCUMENTATION OF CITIZENSHIP PRESENTED; (10) PHONE
NUMBER; AND (11) E-MAIL ADDRESS OR OTHER ELECTRONIC CONTACT METHOD.
(C) DESIGNATED AGENCIES FOR PURPOSES OF THIS SECTION SHALL INCLUDE ALL
AGENCIES DESIGNATED AS VOTER REGISTRATION AGENCIES IN SECTIONS 5-211 AND
5-212 OF THIS ARTICLE, AS WELL AS ANY OTHER AGENCY DESIGNATED BY THE
STATE BOARD OF ELECTIONS.
3. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE STATE BOARD
OF ELECTIONS SHALL ENSURE THAT ANY INFORMATION OR DATA PROVIDED TO IT
THAT IS CONFIDENTIAL IN THE POSSESSION OF THE STATE PROVIDING THE DATA
REMAINS CONFIDENTIAL WHILE IN THE POSSESSION OF THE STATE BOARD. THE
STATE BOARD MAY PROVIDE SUCH OTHERWISE CONFIDENTIAL INFORMATION OR DATA
TO PERSONS OR ORGANIZATIONS THAT ARE ENGAGING IN LEGITIMATE GOVERNMENTAL
PURPOSES RELATED TO THE MAINTENANCE OF THE STATEWIDE VOTER REGISTRATION
LIST. ANY AGREEMENT ENTERED INTO PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL ENSURE THAT THE ENTITY MAINTAIN THE CONFIDENTIALITY OF
INFORMATION OR DATA PROVIDED BY THE STATE BOARD TO SUCH ENTITY WHICH IS
DEEMED CONFIDENTIAL PURSUANT TO THIS CHAPTER.
(B) INFORMATION CONCERNING THE CITIZENSHIP STATUS OF INDIVIDUALS, WHEN
COLLECTED AND TRANSMITTED PURSUANT TO THIS SUBDIVISION, SHALL NOT BE
RETAINED, USED OR SHARED FOR ANY OTHER PURPOSE EXCEPT AS MAY BE REQUIRED
BY LAW.
§ 2. This act shall take effect immediately.