S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  885--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on  Election  Law  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the election law, the education law, the civil  practice
   law  and  rules,  and the state finance law, in relation to regulating
   public data maintained by county and  city  boards  of  elections  and
   establishing  the New York voting and elections database and institute
   to maintain a statewide database of voting and election data
 
   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 3-112
 to read as follows:
   § 3-112. STATE BOARD OF ELECTIONS; UNIFORM  STANDARDS  FOR  PROCESSING
 DATA  REQUESTS  AND DUTY TO SEND DATA AND INFORMATION TO STATEWIDE DATA-
 BASE. 1.   THE STATE BOARD OF  ELECTIONS  SHALL  PROMULGATE  REGULATIONS
 WITHIN  ONE  HUNDRED  EIGHTY  DAYS OF THE EFFECTIVE DATE OF THIS SECTION
 STANDARDIZING ACROSS EACH COUNTY AND CITY BOARDS OF ELECTIONS THE METHOD
 OF PROCESSING FREEDOM OF INFORMATION  LAW  REQUESTS  AND  PROVIDING  FOR
 TIMELY DISTRIBUTION OF SUCH DATA TO THE PUBLIC.
   2.  UPON  THE  CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
 THE VOTER HISTORY FILE AFTER EVERY ELECTION,  EACH  BOARD  OF  ELECTIONS
 SHALL  WITHIN TEN BUSINESS DAYS TRANSMIT COPIES OF: (A) ELECTION RESULTS
 AT THE ELECTION DISTRICT LEVEL; (B) CONTEMPORANEOUS  VOTER  REGISTRATION
 LISTS;  (C)  VOTER HISTORY FILES; (D) MAPS OR OTHER DOCUMENTATION OF THE
 CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY  THE
 STATE  BOARD  OF ELECTIONS; AND (E) LISTS OF ELECTION DAY POLL SITES AND
 EARLY VOTING SITES AND MAPS OR OTHER DOCUMENTATION OF THE  CONFIGURATION
 OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE STATE BOARD OF
 ELECTIONS  OF  THE ELECTION DISTRICTS ASSIGNED TO EACH ELECTION DAY POLL
 SITE OR EARLY VOTING SITE. FOR THE PURPOSES  OF  THIS  SUBDIVISION,  THE
 TERM "ELECTION AUTHORITY" REFERS TO THE AGENCY PRIMARILY RESPONSIBLE FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03134-03-3
              

 A. 885--A                           2
 
 MAINTAINING  THE  RECORDS  LISTED  IN  THIS SUBDIVISION AND INCLUDES ANY
 BOARD OF ELECTION, AS WELL  AS  GENERAL  PURPOSE  LOCAL  GOVERNMENTS  OR
 SPECIAL PURPOSE LOCAL GOVERNMENTS THAT ADMINISTER THEIR OWN ELECTIONS OR
 MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS.
   3.  THE STATE BOARD OF ELECTIONS SHALL UPLOAD THE DATA RECEIVED TO ITS
 PUBLIC FACING WEBSITE WITHIN FIVE BUSINESS DAYS OF ITS RECEIPT. NO  COST
 SHALL BE CHARGED TO ACCESS THE DATA.
   4.  THE  ATTORNEY GENERAL, THE CO-DIRECTORS OF THE DATABASE AND INSTI-
 TUTE, OR THEIR DESIGNEES MAY FILE AN ACTION TO ENFORCE  COMPLIANCE  WITH
 THE REQUIREMENTS OF THIS SECTION.
   §  2. The education law is amended by adding a new article 117 to read
 as follows:
                                ARTICLE 117
           NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
 SECTION 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS.
         5802. ESTABLISHMENT OF THE NEW YORK VOTING AND  ELECTIONS  DATA-
                 BASE AND INSTITUTE.
         5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS DATABASE AND
                 INSTITUTE.
         5804. CO-DIRECTORS AND CHAIRS ON VOTING AND ELECTIONS.
         5805. ANNUAL REPORT.
   §  5801.  STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS. NEW YORK'S
 EXISTING SYSTEM OF VOTING AND ELECTION ADMINISTRATION HAS DEVELOPED OVER
 THE COURSE OF TWO CENTURIES AND HAS  EVOLVED  IN  RESPONSE  TO  CHANGING
 UNDERSTANDINGS  OF  CIVIL RIGHTS AND THE IMPORTANCE OF EQUITABLE PARTIC-
 IPATION IN GOVERNMENT. THE  LEGISLATURE  HEREBY  FINDS  THAT  EQUITABLE,
 EFFICIENT,  AND  ACCOUNTABLE ELECTIONS REQUIRE TRANSPARENCY AND RELIABLE
 DATA TO BETTER INFORM THE PUBLIC AND THE LEGISLATIVE PROCESS IN DECISION
 MAKING REGARDING ELECTION ADMINISTRATION AND VOTING RIGHTS IN THE STATE.
 THEREFORE, THE LEGISLATURE FINDS THAT IT IS IN THE  PUBLIC  INTEREST  TO
 ESTABLISH  A  CENTRAL  INSTITUTION  TO  REDUCE  THE  BURDEN ON BOARDS OF
 ELECTIONS, LOCAL GOVERNMENTS AND SCHOOL DISTRICTS WITH REGARD TO STORING
 AND SHARING ELECTION DATA, PROVIDE A NONPARTISAN  AND  ACCURATE  SET  OF
 DATA  THAT  THE  PUBLIC  CAN  RELY  UPON,  ENCOURAGE  THE  ENACTMENT  OF
 EVIDENCE-BASED ELECTION POLICIES AND LEGISLATION, AND IMPROVE  TRANSPAR-
 ENCY AND ALLOW VOTERS TO DETECT INEQUITABLE ELECTION POLICIES AND RACIAL
 DISCRIMINATION.
   §  5802.  ESTABLISHMENT  OF THE NEW YORK VOTING AND ELECTIONS DATABASE
 AND INSTITUTE. THERE IS HEREBY  ESTABLISHED  JOINTLY  WITHIN  THE  STATE
 UNIVERSITY  OF  NEW  YORK  AND CITY UNIVERSITY OF NEW YORK THE "NEW YORK
 VOTING AND ELECTIONS DATABASE AND INSTITUTE", REFERRED TO IN THIS  ARTI-
 CLE  AS  THE  "DATABASE  AND  INSTITUTE",  TO  MAINTAIN AND ADMINISTER A
 CENTRAL REPOSITORY OF ELECTIONS AND VOTING DATA AVAILABLE TO THE  PUBLIC
 FROM  ALL POLITICAL SUBDIVISIONS IN THE STATE OF NEW YORK AND TO FOSTER,
 PURSUE, AND SPONSOR RESEARCH ON EXISTING  LAWS  AND  BEST  PRACTICES  IN
 VOTING  AND  ELECTIONS.  FOR  THE  PURPOSES  OF THIS SECTION, "POLITICAL
 SUBDIVISION" SHALL MEAN A GEOGRAPHIC AREA OF REPRESENTATION CREATED  FOR
 THE  PROVISION  OF GOVERNMENT SERVICES, INCLUDING, BUT NOT LIMITED TO, A
 COUNTY, CITY, TOWN, VILLAGE, SCHOOL  DISTRICT,  OR  ANY  OTHER  DISTRICT
 ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
   §  5803.  FUNCTION  OF  THE NEW YORK VOTING AND ELECTIONS DATABASE AND
 INSTITUTE. 1. THE DATABASE AND INSTITUTE  SHALL  PROVIDE  A  CENTER  FOR
 RESEARCH, TRAINING AND INFORMATION ON VOTING SYSTEMS AND ELECTION ADMIN-
 ISTRATION. THE DATABASE AND INSTITUTE IS HEREBY EMPOWERED:
   (A) TO CONDUCT CLASSES BOTH FOR CREDIT AND NON-CREDIT;
 A. 885--A                           3
 
   (B)  TO  ORGANIZE  INTERDISCIPLINARY  GROUPS  OF  SCHOLARS TO RESEARCH
 VOTING AND ELECTIONS IN THE STATE;
   (C) TO CONDUCT SEMINARS INVOLVING VOTING AND ELECTIONS;
   (D)  TO  ESTABLISH  A  NONPARTISAN  CENTRALIZED  DATABASE  IN ORDER TO
 COLLECT, ARCHIVE, AND MAKE PUBLICLY AVAILABLE AT NO COST  AN  ACCESSIBLE
 DATABASE  PERTAINING TO ELECTIONS, VOTER REGISTRATION, AND BALLOT ACCESS
 IN THE STATE;
   (E) TO ASSIST IN THE DISSEMINATION OF SUCH DATA TO THE PUBLIC;
   (F) TO PUBLISH SUCH BOOKS AND PERIODICALS AS IT SHALL DEEM APPROPRIATE
 ON VOTING AND ELECTIONS IN THE STATE; AND
   (G) TO PROVIDE NONPARTISAN TECHNICAL ASSISTANCE TO POLITICAL  SUBDIVI-
 SIONS,  SCHOLARS, AND THE GENERAL PUBLIC SEEKING TO USE THE RESOURCES OF
 THE STATEWIDE DATABASE.
   2. (A) DATA TO MAINTAIN. THE DATABASE AND INSTITUTE SHALL MAINTAIN  IN
 ELECTRONIC  FORMAT AND MAKE AVAILABLE TO THE PUBLIC ONLINE AT NO COST AT
 MINIMUM  THE FOLLOWING DATA AND RECORDS FOR AT LEAST THE PREVIOUS TWELVE
 YEAR PERIOD:
   (I) ESTIMATES OF THE TOTAL  POPULATION,  VOTING  AGE  POPULATION,  AND
 CITIZEN  VOTING  AGE  POPULATION  BY  RACE, COLOR, AND LANGUAGE-MINORITY
 GROUP, BROKEN DOWN TO THE ELECTION  DISTRICT  LEVEL  ON  A  YEAR-BY-YEAR
 BASIS  FOR  EVERY POLITICAL SUBDIVISION IN THE STATE, BASED ON DATA FROM
 THE UNITED STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR  DATA  OF
 COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE.
   (II)  ELECTION RESULTS AT THE ELECTION DISTRICT LEVEL FOR EVERY STATE-
 WIDE ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
   (III) CONTEMPORANEOUS VOTER REGISTRATION LISTS, VOTER  HISTORY  FILES,
 ELECTION  DAY  POLL SITE LOCATIONS, AND EARLY VOTING SITE LOCATIONS, FOR
 EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
   (IV) CONTEMPORANEOUS MAPS OR OTHER DOCUMENTATION OF THE  CONFIGURATION
 OF  ELECTION  DISTRICTS IN ANY FORMAT OR FORMATS SPECIFIED BY THE DIREC-
 TORS FOR ELECTION DISTRICTS.
   (V) ELECTION DAY OR EARLY VOTING POLL SITES INCLUDING, BUT NOT LIMITED
 TO, LISTS OF ELECTION DISTRICTS  ASSIGNED  TO  EACH  POLLING  PLACE,  IF
 APPLICABLE.
   (VI)  ADOPTED DISTRICTING OR REDISTRICTING PLANS FOR EVERY ELECTION IN
 EVERY POLITICAL SUBDIVISION.
   (VII) ANY OTHER DATA THAT THE DIRECTOR DEEMS ADVISABLE TO MAINTAIN  IN
 FURTHERANCE OF THE PURPOSES OF THIS TITLE.
   (B)  PUBLIC AVAILABILITY OF DATA. EXCEPT FOR ANY DATA, INFORMATION, OR
 ESTIMATES THAT IDENTIFIES INDIVIDUAL VOTERS, THE DATA, INFORMATION,  AND
 ESTIMATES  MAINTAINED  BY  THE STATEWIDE DATABASE SHALL BE POSTED ONLINE
 AND MADE AVAILABLE TO THE PUBLIC AT NO COST.
   (C) DATA ON RACE, COLOR, AND LANGUAGE-MINORITY GROUPS.  THE  STATEWIDE
 DATABASE AND INSTITUTE SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS
 SECTION  BY  APPLYING  THE  MOST  ADVANCED, PEER-REVIEWED, AND VALIDATED
 METHODOLOGIES.
   § 5804. CO-DIRECTORS AND CHAIRS ON VOTING AND  ELECTIONS.  TWO  CHAIRS
 ARE HEREBY ESTABLISHED IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND
 INSTITUTE.  ONE  CHAIR SHALL BE WITHIN THE STATE UNIVERSITY OF NEW YORK.
 ONE CHAIR SHALL BE WITHIN THE CITY UNIVERSITY OF NEW  YORK.  THE  CHAIRS
 SHALL ALSO ACT AS CO-DIRECTORS OF THE DATABASE AND INSTITUTE.
   § 5805. ANNUAL REPORT. NOT LATER THAN NINETY DAYS FOLLOWING THE END OF
 THE  STATE  FISCAL  YEAR  THE NEW YORK VOTING AND ELECTIONS DATABASE AND
 INSTITUTE SHALL ANNUALLY SUBMIT TO THE GOVERNOR, THE MAJORITY LEADER  OF
 THE  SENATE  AND  THE SPEAKER OF THE ASSEMBLY A REPORT ON THE PRIORITIES
 A. 885--A                           4
 
 AND FINANCES OF THE NEW YORK VOTING AND ELECTIONS  DATABASE  AND  INSTI-
 TUTE.
   §  3. The civil practice law and rules is amended by adding a new rule
 4550 to read as follows:
   RULE 4550. NEW YORK VOTING AND ELECTIONS DATABASE AND  INSTITUTE.  THE
 DATA,  INFORMATION,  AND ESTIMATES MAINTAINED BY THE NEW YORK VOTING AND
 ELECTIONS DATABASE AND INSTITUTE SHALL BE GRANTED A REBUTTABLE  PRESUMP-
 TION OF VALIDITY BY ANY COURT CONCERNING ANY CLAIM BROUGHT.
   § 4. The education law is amended by adding a new section 2614 to read
 as follows:
   § 2614. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
 AND ELECTIONS DATABASE AND INSTITUTE. UPON THE CERTIFICATION OF ELECTION
 RESULTS  AND  THE  COMPLETION  OF  THE  VOTER  HISTORY  FILE  AFTER EACH
 ELECTION, EACH SCHOOL DISTRICT THAT HOLDS  ELECTIONS  PURSUANT  TO  THIS
 ARTICLE  SHALL  TRANSMIT  COPIES OF THE FOLLOWING TO THE NEW YORK VOTING
 AND ELECTIONS DATABASE AND  INSTITUTE  WITHIN  NINETY  DAYS  AFTER  SUCH
 ELECTION:  (A)  SCHOOL BOARD ELECTION RESULTS; (B) CONTEMPORANEOUS VOTER
 REGISTRATION LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR OTHER  DOCUMEN-
 TATION OF THE CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS SPECI-
 FIED  BY  THE  DIRECTOR;  (E)  LISTS OF ELECTION DAY POLL SITES, MAPS OR
 OTHER DOCUMENTATION OF THE CONFIGURATION OF DISTRICTS IN ANY  FORMAT  OR
 FORMATS  SPECIFIED  BY  THE  DIRECTOR ASSIGNED TO EACH ELECTION DAY POLL
 SITE; AND (F) ANY OTHER PUBLICLY AVAILABLE DATA  AS  REQUESTED  BY  SUCH
 DATABASE AND INSTITUTE.
   §  5. Section 2038 of the education law is renumbered section 2039 and
 a new section 2038 is added to read as follows:
   § 2038. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
 AND ELECTIONS DATABASE AND INSTITUTE. 1.    UPON  THE  CERTIFICATION  OF
 ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH
 ELECTION,  EACH SCHOOL DISTRICT THAT HOLDS SCHOOL BOARD ELECTIONS PURSU-
 ANT TO THIS ARTICLE SHALL TRANSMIT COPIES OF THE FOLLOWING  TO  THE  NEW
 YORK  VOTING  AND  ELECTIONS  DATABASE  AND INSTITUTE WITHIN NINETY DAYS
 AFTER SUCH ELECTION:  (A) SCHOOL BOARD ELECTION RESULTS; (B) CONTEMPORA-
 NEOUS VOTER REGISTRATION LISTS;  (C)  VOTER  HISTORY  FILES;  (D)  MAPS,
 DESCRIPTIONS,  AND  SHAPEFILES  FOR  ELECTION  DISTRICTS;  (E)  LISTS OF
 ELECTION DAY POLL SITES, SHAPEFILES, OR  DESCRIPTIONS  OF  THE  ELECTION
 DISTRICTS  ASSIGNED  TO  EACH  ELECTION DAY POLL SITE; AND (F) ANY OTHER
 PUBLICLY AVAILABLE DATA AS REQUESTED BY SUCH DATABASE AND INSTITUTE.
   2. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE DATABASE  AND  INSTI-
 TUTE,  OR  THEIR DESIGNEES MAY FILE AN ACTION TO ENFORCE COMPLIANCE WITH
 THE REQUIREMENTS OF THIS SECTION.
   § 6. Section 2553 of the education law is amended by  adding  two  new
 subdivisions 2-a and 2-b to read as follows:
   2-A.  UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
 THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH  SCHOOL  DISTRICT  THAT
 HOLDS  SCHOOL  BOARD  ELECTIONS  PURSUANT TO THIS ARTICLE SHALL TRANSMIT
 COPIES OF THE FOLLOWING TO THE NEW YORK VOTING  AND  ELECTIONS  DATABASE
 AND  INSTITUTE  WITHIN NINETY DAYS AFTER SUCH ELECTION: (A) SCHOOL BOARD
 ELECTION RESULTS; (B)  CONTEMPORANEOUS  VOTER  REGISTRATION  LISTS;  (C)
 VOTER  HISTORY  FILES; (D) MAPS OR OTHER DOCUMENTATION OF THE CONFIGURA-
 TION OF DISTRICTS IN ANY FORMAT OR FORMATS SPECIFIED  BY  THE  DIRECTOR;
 (E) LISTS OF ELECTION DAY POLL SITES, SHAPEFILES, OR DESCRIPTIONS OF THE
 ELECTION  DISTRICTS ASSIGNED TO EACH ELECTION DAY POLL SITE; AND (F) ANY
 OTHER PUBLICLY AVAILABLE DATA AS REQUESTED BY SUCH DATABASE  AND  INSTI-
 TUTE.
 A. 885--A                           5
 
   2-B. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE DATABASE AND INSTI-
 TUTE,  OR  THEIR DESIGNEES MAY FILE AN ACTION TO ENFORCE COMPLIANCE WITH
 THE REQUIREMENTS OF THIS SECTION.
   § 7. The state finance law is amended by adding a new section 97-ss to
 read as follows:
   § 97-SS. NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND. 1.
 THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE  KNOWN
 AS THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND.
   2. THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FUND SHALL
 CONSIST  OF  ALL  MONEYS  CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
 FUND OR SOURCE, INCLUDING ANY FEDERAL, STATE, OR PRIVATE FUNDS, PURSUANT
 TO LAW FOR THE MAINTENANCE OF THE VOTING AND ELECTIONS DATABASE  REPOSI-
 TORY AND FOR RESEARCH CONDUCTED BY SUCH DATABASE AND INSTITUTE.
   3.  MONEYS IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
 FUND MAY BE INVESTED BY THE  COMPTROLLER  PURSUANT  TO  SECTION  NINETY-
 EIGHT-A  OF  THIS  ARTICLE,  AND  ANY INCOME RECEIVED BY THE COMPTROLLER
 SHALL BE USED FOR THE PURPOSES OF SUCH FUND.
   4. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK VOTING AND ELECTIONS
 DATABASE AND INSTITUTE FUND SHALL BE EXPENDED FOR THE PURPOSES SET FORTH
 IN THIS SECTION, AND MAY NOT BE  INTERCHANGED  OR  COMMINGLED  WITH  ANY
 OTHER  ACCOUNT  OR  FUND  BUT  MAY  BE COMMINGLED WITH ANY OTHER FUND OR
 ACCOUNT FOR INVESTMENT PURPOSES.
   5. MONEYS IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND  INSTITUTE
 FUND,  FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE AVAILABLE TO
 THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE FOR MAINTENANCE
 OF THE DATABASE AND RESEARCH AND EDUCATION  PROGRAMS  AS  SET  FORTH  IN
 ARTICLE ONE HUNDRED SEVENTEEN OF TITLE SEVEN OF THE EDUCATION LAW.
   § 8. This act shall take effect immediately.