Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2024 |
referred to election law delivered to assembly passed senate ordered to third reading cal.6 reported and committed to rules |
Jan 04, 2024 |
print number 657a |
Jan 04, 2024 |
amend (t) and recommit to elections |
Jan 03, 2024 |
referred to elections returned to senate died in assembly |
Jan 10, 2023 |
referred to election law |
Jan 09, 2023 |
delivered to assembly passed senate ordered to third reading cal.19 reported and committed to rules |
Jan 05, 2023 |
referred to elections |
Senate Bill S657A
2023-2024 Legislative Session
Enacts the "Doctor John L. Flateau Voting and Elections Database and Academic Center of New York Act"
download bill text pdfSponsored By
(D) 20th Senate District
Current Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jan 8, 2024
aye (42)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (20)excused (1)
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Floor Vote: Jan 9, 2023
aye (43)- Addabbo Jr.
- Ashby
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (17)
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Jan 8, 2024 - Rules Committee Vote
S657A14Aye7Nay0Aye with Reservations0Absent0Excused0AbstainedJan 9, 2023 - Rules Committee Vote
S657A15Aye4Nay0Aye with Reservations0Absent2Excused0AbstainedJan 8, 2024 - Elections Committee Vote
S657A5Aye2Nay0Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
co-Sponsors
(D, WF) 52nd Senate District
2023-S657 - Details
- Current Committee:
- Assembly Election Law
- Law Section:
- Election Law
- Laws Affected:
- Add §§3-112 & 15-140, amd §17-208, El L; add Art 117 §§5801 - 5805, §§2614 & 2038, amd §2553, ren §2038 to be §2039, Ed L; add R4551, CPLR; add §97-ss, St Fin L
- Versions Introduced in 2021-2022 Legislative Session:
-
S8202
2023-S657 - Summary
Enacts the "Doctor John L. Flateau Voting and Elections Database and Academic Center of New York Act"; regulates public data maintained by county and city boards of elections; establishes the New York voting and elections academic center to maintain a statewide database of voting and election data.
2023-S657 - Sponsor Memo
BILL NUMBER: S657 SPONSOR: MYRIE TITLE OF BILL: 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 estab- lishing the New York voting and elections database and institute to maintain a statewide database of voting and election data PURPOSE: To create a New York State Voting and Elections Database and Institute which will compile New York's election data and administer it for research and to provide election operation. Assistance and Lion to poli- tical subdivisions as well as the public. SUMMARY OF PROVISIONS: Section 1 amends the election law by adding a new section 3-112 which requires the State Board of Elections to distribute, within a reasonable
amount of time, election results, voter history, voter registration lists, district maps, poll sites, and early voting site maps from their respective counties and cities using a standard method to a statewide database. Section 2 amends Title 7 of the education law by adding article 117 creating the New York Voting Elections Database and Institute which establish a central institution to reduce the burden on boards of elections, local governments and school districts by partnering with the State University of New York and City University of New York to maintain and administer to the public, election and voting data from one location. The Database and Institute will provide resources to voters for training and information on voting systems and election adminis- tration. The Database and Institute will be in electronic form and provide information to the public online of the previous twelve year period of total population estimates, district level election results, voter statistics, election day or early voting poll sites, districting or re-distring plans, and any information relating to race, color, and language minority groups. Section 3 amends the civil practice law to create a new rule 4550 which creates a rebuttable presumption that data or information maintained by the Institute is valid in court. Section 4 amends the education law by adding a new section 2614 which requires school districts to transmit election data for school board elections to the Institute within 90 days of each election. Section 5 amends section 2038 of the education law renumbering section 2039 and a new section 2038 which requires school districts to transmit election data for school board elections to the Institute within 90 days of each election. Section 6 amends section 2553 of the education law by adding a new subdivision 2-a which requires school districts to transmit election data for school board elections to the Institute within 90 days of each election. Section 7 amends the state finance law by adding a new section 97-k which establishes the New York Voting and Elections Database and Insti- tute fund under joint custody of the State Comptroller and the Commis- sioner of Taxation and Finance consisting of all public or private funds used for maintenance of the database and for research conducted by the Institute. Section 8 provides for the effective date. JUSTIFICATION: The database will provide stakeholders across the state with access to reliable data and state-of-the-art analysis on voting and elections in New York. This would benefit New York State by reducing the burden on boards of elections and local governments that currently have to respond to a constant stream of FOIA requests for election data and information that can and should be centrally maintained, reducing the burden and expense of voting rights litigation by providing a neutral and robust set of data upon which all parties can rely, encouraging the state and municipalities to enact evidence-backed policies that will assist election officials in evaluating the extent to which current practices favor expansive access to the franchise, and improving transparency which will. allow voters to detect inequitable policies and racial discrimination. Furthermore, this database will be operated by a collaboration between the City University of New York and the State University of New York systems, which will provide a unique opportunity for students to learn about the mechanics and operations of elections through supporting the database by cleaning, archiving, and analyzing election data. LEGISLATIVE HISTORY: S8202 of 2022: Passed Senate. FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect immediately.
2023-S657 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 657 2023-2024 Regular Sessions I N S E N A T E January 5, 2023 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Elections 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 MAINTAINING THE RECORDS LISTED IN THIS SUBDIVISION AND INCLUDES ANY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03134-02-3
S. 657 2 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; (B) TO ORGANIZE INTERDISCIPLINARY GROUPS OF SCHOLARS TO RESEARCH VOTING AND ELECTIONS IN THE STATE; S. 657 3 (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 AND FINANCES OF THE NEW YORK VOTING AND ELECTIONS DATABASE AND INSTI- TUTE. S. 657 4 § 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. 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. S. 657 5 § 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.
co-Sponsors
(D, WF) 52nd Senate District
2023-S657A (ACTIVE) - Details
- Current Committee:
- Assembly Election Law
- Law Section:
- Election Law
- Laws Affected:
- Add §§3-112 & 15-140, amd §17-208, El L; add Art 117 §§5801 - 5805, §§2614 & 2038, amd §2553, ren §2038 to be §2039, Ed L; add R4551, CPLR; add §97-ss, St Fin L
- Versions Introduced in 2021-2022 Legislative Session:
-
S8202
2023-S657A (ACTIVE) - Summary
Enacts the "Doctor John L. Flateau Voting and Elections Database and Academic Center of New York Act"; regulates public data maintained by county and city boards of elections; establishes the New York voting and elections academic center to maintain a statewide database of voting and election data.
2023-S657A (ACTIVE) - Sponsor Memo
BILL NUMBER: S657AREVISED 1/23/24 SPONSOR: MYRIE TITLE OF BILL: 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 estab- lishing the New York voting and elections academic center to maintain a statewide database of voting and election data PURPOSE: To create a New York State Voting and Elections Database in the State Board of Elections and an Academic Center which will compile New York's election data and administer it for research and to provide election operation assistance to political subdivisions as well as the public. SUMMARY OF PROVISIONS: Section 1 names the Bill in honor of Dr. John Flateau, a voting rights advocate and Professor at Medgar Evers College.
Section 2 requires local boards of elections to transmit election data to a publicly accessible statewide database operated by SBOE. This data includes election results at the election district level, information on affidavit and absentee ballot usage, voter files and registration lists,maps/shapefiles of districts, and lists of poll sites. Jurisdic- tions must send this information by January 1 after the election or within 10 business days, whichever is later. SBOE would then have 60 days to post this information to the online database (except for indi- vidual voter registration records). It also orders the SBOE to promul- gate regulations for processing data requests for the election data and gives SBOE, the Attorney General (OAG), and co-directors of the Academic Center the ability to bring legal actions against non-compliant juris- dictions after six months of non-compliance. If a jurisdiction is deemed non-compliant three times within a five-year period they will be put under NYVRA preclearance and changes to their election policies and practices will be subject to AG or court approval. Section 3 amends the Education Law to establish the New York Voting and Elections Academic Center ("Center") and specifies its functions. The Center must maintain data covering the previous 12 years and must make all data (except data which would identify an individual) available to the public for free online. It must also maintain estimates of citizens of voting age who speak a language other than English and publish the list of each jurisdiction required to provide language assistance (as well as which languages for each jurisdiction) in order to facilitate compliance with language requirements of the NYVRA. The Center must submit an annual report summarizing its activities, progress, and finances to the executive and legislative leaders. Section 4 amends the Civil Practice Law to create a rebuttable presump- tion that data or information maintained by the Institute is valid in court. Sections 5, 6, and 7 amend the Education Law to order school districts to submit the same kinds of election data as municipalities to the data- base. Section B amends the Election law to require villages running their own elections to transmit the same data as other municipalities. Section 9 of the bill amends the State Finance Law to establish the New York Voting and Elections Database and Academic Fund ("fund"). This fund will be under the joint custody of the State Comptroller and the Commissioner of Taxation and Finance. It orders that the fund consist of all public or private funds used for the maintenance of the database and research conducted by the Institute. It allows the money in the fund to be invested by the comptroller but prevents the money in the fund from being commingled with any other fund or account for investment purposes. It also allows money in the fund to be used for database maintenance and research and education programs after appropriation by the legislature. Section 10 allows the AG to adopt the Center's list of language coverage requirements and to issue any relevant regulations. Section 11 provides the effective date. JUSTIFICATION:; The database will provide stakeholders across the state with access to reliable data and state-of-the-art analysis on voting and elections in New York. This would benefit New York State by reducing the burden on boards of elections and local governments that currently have to respond to a constant stream of FOIA requests for election data and information that can and should be centrally maintained, reducing the burden and expense of voting rights litigation by providing a neutral and robust set of data upon which all parties can rely, encouraging the state and municipalities to enact evidence-based policies that will assist election officials in evaluating the extent to which current practices favor expansive access to the franchise, and improving transparency which will allow voters to detect inequitable policies and racial discrimination. Furthermore, the academic center will be operated by a collaboration between the City University of New York and the State University of New York systems, which will provide a unique opportunity for students to learn about the mechanics and operations of elections through supporting the database by cleaning, archiving, and analyzing election data. LEGISLATIVE HISTORY: S8202 of 2022: Passed Senate. FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: April 1, 2026.
2023-S657A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 657--A 2023-2024 Regular Sessions I N S E N A T E January 5, 2023 ___________ Introduced by Sens. MYRIE, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- recom- mitted to the Committee on Elections in accordance with Senate Rule 6, sec. 8 -- 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 academic center 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. This act shall be known and may be cited as the "Doctor John L. Flateau Voting and Elections Database and Academic Center of New York Act". § 2. 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. FOR THE PURPOSES OF THIS SECTION: (A) THE TERM "ELECTION AUTHORITY" SHALL MEAN ANY LOCAL GOVERNMENT ENTITY PRIMARILY RESPONSIBLE FOR MAINTAINING THE RECORDS LISTED IN THIS SECTION, INCLUDING, BUT NOT LIMITED TO, ANY COUNTY OR CITY BOARD OF ELECTION, OR ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR OTHER DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW THAT ADMINISTER THEIR OWN ELECTIONS OR MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS. (B) THE TERM "NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER" SHALL MEAN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER ESTABLISHED UNDER ARTICLE ONE HUNDRED SEVENTEEN OF THE EDUCATION LAW. 1-A. THERE IS HEREBY ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS THE NEW YORK VOTING AND ELECTIONS DATABASE. SUCH DATABASE SHALL BE A CENTRAL REPOSITORY OF CERTAIN ELECTIONS AND VOTING DATA AVAILABLE TO THE PUBLIC FROM AN ELECTION AUTHORITY IN THE STATE. THE STATE BOARD OF ELECTIONS SHALL COLLECT, HOST, AND MAINTAIN IN AN ELECTRONIC FORMAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03134-04-4 S. 657--A 2 RECORDS PROVIDED TO THE STATE BOARD OF ELECTIONS PURSUANT TO THIS SECTION. SUCH RECORDS SHALL BE MAINTAINED FOR AT LEAST TWELVE YEARS. 1-B. THE STATE BOARD OF ELECTIONS, IN CONSULTATION WITH THE CO-DIREC- TORS OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL PROMUL- GATE REGULATIONS WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION ON DATA STANDARDS FOR THE METHOD OF PROCESSING AND TRANS- MITTING RECORDS REQUIRED TO BE PROVIDED PURSUANT TO THIS SECTION. SUCH DATA STANDARDS PROMULGATED BY THE STATE BOARD OF ELECTIONS PURSUANT TO THIS SUBDIVISION SHALL: (A) BE CONSISTENT WITH ANY RELEVANT STANDARDS, GUIDELINES, OR GUIDANCE DEVELOPED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, THE ELECTION ASSISTANCE COMMISSION, OR THE CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY; AND (B) APPLY TO EVERY ELECTION AUTHORITY IN THE STATE. 2. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EVERY ELECTION, EACH ELECTION AUTHORITY SHALL, BY JANUARY FIRST AFTER SUCH ELECTION, OR WITHIN TEN BUSINESS DAYS, WHICHEVER IS LATER, TRANSMIT TO THE STATE BOARD OF ELECTIONS, IF SUCH ELECTION AUTHORITY IS ABLE TO MAINTAIN THE RECORD, COPIES OF: (A) ELECTION RESULTS AT THE ELECTION DISTRICT LEVEL FOR EVERY STATEWIDE ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION; (B) CONTEM- PORANEOUS 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; (E) TABULATIONS OF THE NUMBER OF VALID AND INVALID AFFIDAVIT BALLOTS, THE REASONS FOR WHICH AFFIDAVIT BALLOTS WERE INVALID, AND THE QUANTITY AND DISPOSITION OF AFFIDAVIT BALLOTS SUBJECT TO THE CURE PROCEDURE PRESCRIBED BY SUBDIVI- SION THREE OF SECTION 9-209 OF THIS CHAPTER; (F) TABULATIONS OF THE NUMBER OF VALID AND INVALID ABSENTEE BALLOTS, THE REASONS FOR WHICH ABSENTEE BALLOTS WERE INVALID AND THE QUANTITY OF ABSENTEE BALLOTS INVALID FOR EACH SUCH REASON, AND THE QUANTITY AND DISPOSITION OF ABSEN- TEE BALLOTS SUBJECT TO THE CURE PROCEDURE PRESCRIBED BY SUBDIVISION THREE OF SECTION 9-209 OF THIS CHAPTER; (G) 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; (H) ADOPTED DISTRICTING OR REDISTRICTING PLANS FOR EVERY ELECTION IN EVERY POLITICAL SUBDIVISION; AND (I) ANY OTHER PUBLICLY AVAILABLE DATA AS REQUESTED BY THE STATE BOARD OF ELECTIONS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN ELECTION AUTHORITY TO CREATE OR OTHERWISE PROVIDE A RECORD IT IS NOT CAPABLE OF COLLECTING. WITHIN SIXTY DAYS OF RECEIPT OF RECORDS PURSUANT TO THIS SECTION, THE NEW YORK VOTING AND ELECTIONS DATABASE SHALL POST SUCH RECORDS TO ITS PUBLIC FACING WEBSITE, PROVIDED THAT INDIVIDUAL VOTER REGISTRATION RECORDS SHALL NOT BE PUBLISHED, BUT ONLY MADE AVAILABLE TO THE PUBLIC UPON REQUEST. NO COST SHALL BE CHARGED TO ACCESS SUCH RECORDS. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER WITH FULL ACCESS TO SUCH DATA- BASE. 3. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER WITH READ-ONLY ACCESS TO THE NON-CONFIDENTIAL FIELDS OF THE STATEWIDE VOTER DATABASE OR ANY SIMILAR SUCCESSOR STATE- WIDE VOTER REGISTRATION DATABASE. 4. EVERY SIX MONTHS, THE STATE BOARD OF ELECTIONS SHALL DETERMINE WHICH ELECTION AUTHORITIES HAVE FAILED TO TRANSMIT RECORDS TO THE STATE BOARD OF ELECTIONS PURSUANT TO THIS SECTION AND SHALL PUBLISH A LIST OF S. 657--A 3 SUCH ELECTION AUTHORITIES. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER, THE STATE BOARD OF ELECTIONS, OR ANY PERSON OR ORGANIZATION WHO WILL MAKE USE OF THE RECORDS COLLECTED BY THE NEW YORK VOTING ELECTIONS AND DATABASE MAY FILE AN ACTION AGAINST ANY ELECTION AUTHORITY TO ENFORCE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. AN ELECTION AUTHORITY THAT IS INCLUDED IN A LIST OF NONCOMPLYING ELECTION AUTHORITIES PUBLISHED BY THE STATE BOARD OF ELECTIONS UNDER THIS SUBDIVISION THREE TIMES WITHIN THE IMMEDIATELY PRECEDING FIVE-YEAR PERIOD SHALL BE CONSIDERED COVERED ENTITIES WITHIN THE MEANING OF SUBDIVISION THREE OF SECTION 17-210 OF THIS CHAPTER. § 3. The education law is amended by adding a new article 117 to read as follows: ARTICLE 117 NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SECTION 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS. 5802. ESTABLISHMENT OF THE NEW YORK VOTING AND ELECTIONS ACADEM- IC CENTER. 5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER. 5804. CO-DIRECTORS 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 ACADEMIC CENTER. THERE IS HEREBY ESTABLISHED JOINTLY WITHIN THE STATE UNIVERSITY OF NEW YORK AND CITY UNIVERSITY OF NEW YORK THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER, REFERRED TO IN THIS ARTICLE AS THE CENTER, 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. THE STATE BOARD OF ELECTIONS AND ITS MEMBERS MAY ADVISE AND CONSULT BUT SHALL NOT INTERFERE WITH THE ACADEMIC ACTIVITIES OF SUCH CENTER. SUCH CENTER SHALL NOT: (A) ENGAGE IN QUALIFYING VOTERS; (B) DISTRIBUTE BALLOTS TO VOTERS; (C) RECEIVE, RECORD, OR COUNT VOTES AT ELECTION; OR (D) PERFORM ANY OTHER ACTIVITIES SUBJECT TO SECTION EIGHT OF ARTICLE TWO OF THE NEW YORK STATE CONSTITU- TION. § 5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER. 1. THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL PROVIDE A S. 657--A 4 CENTER FOR RESEARCH, AND RESEARCH METHODOLOGIES FOR ELECTION AND DEMO- GRAPHIC DATA. THE CENTER IS HEREBY EMPOWERED TO: (A) CONDUCT CLASSES BOTH FOR CREDIT AND NON-CREDIT; (B) ORGANIZE INTERDISCIPLINARY GROUPS OF SCHOLARS TO RESEARCH VOTING AND ELECTIONS IN THE STATE; (C) CONDUCT SEMINARS INVOLVING VOTING AND ELECTIONS; (D) ASSIST IN THE DISSEMINATION OF DATA FROM THE NEW YORK VOTING AND ELECTIONS DATABASE ESTABLISHED PURSUANT TO SECTION 3-112 OF THE ELECTION LAW TO THE PUBLIC; (E) PUBLISH SUCH BOOKS AND PERIODICALS AS IT SHALL DEEM APPROPRIATE ON VOTING AND ELECTIONS IN THE STATE; AND (F) PROVIDE NONPARTISAN TECHNICAL ASSISTANCE TO POLITICAL SUBDIVI- SIONS, SCHOLARS, AND THE GENERAL PUBLIC SEEKING TO USE THE RESOURCES OF THE NEW YORK VOTING AND ELECTIONS DATABASE ESTABLISHED PURSUANT TO SECTION 3-112 OF THE ELECTION LAW. 2. (A) DATA TO MAINTAIN. THE CENTER 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) ESTIMATES OF VOTER TURNOUT BY RACE OR HISPANIC ORIGIN, OR ANY OTHER MINIMUM REPORTING CATEGORY AS THAT TERM IS DEFINED BY THE UNITED STATES CENSUS BUREAU, OR AGE FOR EVERY ELECTION CONDUCTED BY AN ELECTION AUTHORITY IN THE STATE, INCLUDING WITHOUT LIMITATION BOARDS OF ELECTIONS, POLITICAL SUBDIVISIONS THAT CONDUCT ELECTIONS UNDER THE ELECTION LAW, POLITICAL SUBDIVISIONS THAT CONDUCT THEIR ELECTIONS UNDER THIS CHAPTER, OR ANY ASSESSING UNITS AS DEFINED BY SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW. THE CENTER SHALL PRIORITIZE PRODUCING TURNOUT ESTIMATES IN ELECTIONS FOR STATE OR COUNTY OFFICE. (III) FOR PURPOSES OF ENABLING COMPLIANCE WITH THE REQUIREMENTS FOR PROVIDING ASSISTANCE TO LANGUAGE-MINORITY GROUPS IN SECTION 17-208 OF THE ELECTION LAW, ESTIMATES OF CITIZENS OF VOTING AGE WHO SPEAK A LANGUAGE OTHER THAN ENGLISH AND ARE LIMITED ENGLISH PROFICIENT, BASED ON DATA FROM THE UNITED STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE, AT THE POLI- TICAL SUBDIVISION LEVEL FOR EVERY POLITICAL SUBDIVISION THAT CONDUCT ELECTIONS UNDER THE ELECTION LAW OR POLITICAL SUBDIVISIONS THAT CONDUCT THEIR ELECTIONS UNDER THIS CHAPTER. TO THE EXTENT POSSIBLE, THE CENTER SHALL ALSO GENERATE SUCH ESTIMATES FOR ANY ASSESSING UNITS AS DEFINED BY SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW. (IV) ANY OTHER ESTIMATES OR ANALYTICAL DATA PRODUCTS THAT A DIRECTOR DEEMS ADVISABLE IN FURTHERANCE OF THE PURPOSES OF SUCH CENTER. (V) THE STATE BOARD OF ELECTIONS OR OFFICE OF THE ATTORNEY GENERAL MAY REQUEST ADDITIONAL ESTIMATES OR ANALYTICAL DATA PRODUCTS. (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 CENTER SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS S. 657--A 5 SECTION BY APPLYING ADVANCED, PEER-REVIEWED, AND VALIDATED METHODOL- OGIES. (D) TO THE EXTENT PRACTICAL, THE CENTER SHALL PROVIDE REGULAR UPDATES TO THEIR ESTIMATES AND ANALYTICAL DATA PRODUCTS, PROVIDED THAT SUCH UPDATES SHALL OCCUR NO LESS FREQUENTLY THAN ONCE EACH YEAR, WITH THE EXCEPTION OF THE ESTIMATES PRODUCED FOR THE PURPOSE OF ENABLING COMPLI- ANCE WITH THE REQUIREMENTS FOR PROVIDING ASSISTANCE TO LANGUAGE-MINORITY GROUPS IN SECTION 17-208 OF THE ELECTION LAW, WHICH SHALL BE FIRST PUBLISHED AT LEAST SIX MONTHS PRIOR TO THE EFFECTIVE DATE OF THAT SECTION AND PUBLISHED AT FIVE YEAR INTERVALS THEREAFTER. § 5804. CO-DIRECTORS ON VOTING AND ELECTIONS. 1. TWO CO-DIRECTORS ARE HEREBY ESTABLISHED IN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER. ONE CO-DIRECTOR SHALL BE WITHIN BINGHAMTON UNIVERSITY. ONE CO-DIRECTOR SHALL BE WITHIN THE GRADUATE SCHOOL AND UNIVERSITY CENTER OF THE CITY UNIVERSITY OF NEW YORK, PROVIDED THAT THE CO-DIRECTOR MAY HAVE A PRIMARY APPOINTMENT AT ANOTHER INSTITUTION OF THE CITY UNIVERSITY OF NEW YORK. THE LEADERSHIP OF THE CENTER SHALL ALSO INCLUDE TWO DEPUTY DIRECTORS, ONE FROM BINGHAMTON UNIVERSITY AND ONE FROM MEDGAR EVERS COLLEGE. 2. THE ROLES AND RESPONSIBILITIES OF EACH LEADERSHIP POSITION SHALL BE AS FOLLOWS: (A) THE CO-DIRECTORS SHALL BE RESPONSIBLE FOR OVERALL LEADERSHIP, STRATEGIC DIRECTION, AND COORDINATION OF SUCH ACADEMIC CENTER'S ACTIV- ITIES. THE CO-DIRECTOR SHALL BE APPOINTED BY THE PROVOST OF THEIR RESPECTIVE INSTITUTIONS AND SHALL SERVE A TERM OF NO LONGER THAN FIVE YEARS, WITH THE POSSIBILITY OF REAPPOINTMENT. (B) THE DEPUTY DIRECTORS SHALL SUPPORT THE CO-DIRECTORS IN MANAGING THE CENTER'S PROGRAMS AND PROJECTS. THE DEPUTY DIRECTORS SHALL BE APPOINTED BY THE PROVOSTS OF THEIR RESPECTIVE INSTITUTIONS AND SHALL SERVE A TERM OF NO LONGER THAN FIVE YEARS. UPON THE SUGGESTION OF THE APPOINTING PROVOST, A CO-DIRECTOR OR DEPUTY DIRECTOR MAY BE REMOVED FOR CAUSE PRIOR TO THE EXPIRATION OF THEIR TERM BY A VOTE OF AT LEAST FIVE MEMBERS OF THE CENTER'S ADVISORY PANEL. 3. (A) THERE SHALL BE AN ADVISORY PANEL FOR THE CENTER CONSISTING OF SEVEN VOTING MEMBERS. THE CO-DIRECTORS OF THE CENTER SHALL SERVE AS EX OFFICIO MEMBERS OF THE PANEL. THE PANEL SHALL MEET AT LEAST ANNUALLY TO REVIEW THE PROGRESS AND PLANS OF THE CENTER AND PROVIDE GUIDANCE TO THE CO-DIRECTORS. THE PANEL SHALL ALSO REVIEW AND APPROVE THE PROPOSED ALLO- CATION OF FUNDS WITHIN THE CENTER. (B) SUCH VOTING MEMBERS SHALL BE APPOINTED AS FOLLOWS: (I) THE PROVOST AT BINGHAMTON UNIVERSITY SHALL APPOINT TWO MEMBERS OF THE PANEL FROM AMONG THE FACULTY OF THE STATE UNIVERSITY OF NEW YORK. AT LEAST ONE PANELIST APPOINTED BY THE BINGHAMTON UNIVERSITY PROVOST SHALL HAVE A PRIMARY APPOINTMENT THAT IS NOT AT BINGHAMTON UNIVERSITY. BOTH PANELISTS APPOINTED UNDER THIS PROVISION SHALL HOLD THE RANK OF ASSIST- ANT PROFESSOR OR HIGHER. (II) THE PROVOST AT THE GRADUATE SCHOOL AND UNIVERSITY CENTER OF THE CITY UNIVERSITY OF NEW YORK SHALL APPOINT TWO MEMBERS OF THE PANEL FROM AMONG THE FACULTY OF THE CITY UNIVERSITY OF NEW YORK. AT LEAST ONE PANELIST APPOINTED BY THE PROVOST OF THE GRADUATE SCHOOL AND UNIVERSITY CENTER AT THE CITY UNIVERSITY OF NEW YORK SHALL HAVE A PRIMARY APPOINT- MENT AT THE MEDGAR EVERS COLLEGE. BOTH PANELISTS APPOINTED UNDER THIS PROVISION SHALL HOLD THE RANK OF ASSISTANT PROFESSOR OR HIGHER. (III) THE STATE BOARD OF ELECTIONS SHALL APPOINT TWO MEMBERS OF THE PANEL, ONE EACH FILLED BY THE DESIGNEES OF THE TWO POLITICAL PARTIES REPRESENTED IN THE LEADERSHIP OF THE STATE BOARD OF ELECTIONS. (IV) THE ATTORNEY GENERAL SHALL APPOINT ONE MEMBER OF THE PANEL. S. 657--A 6 (C) EACH PANELIST SHALL SERVE A TERM OF THREE YEARS WITH THE POSSIBIL- ITY OF REAPPOINTMENT. PANELISTS SHALL BE ELIGIBLE FOR REIMBURSEMENTS FOR REASONABLE COSTS INCURRED IN PERFORMING THEIR DUTIES. THE APPOINTING AUTHORITY FOR EACH PANELIST SEAT SHALL HAVE THE AUTHORITY TO FILL VACAN- CIES OR TO REMOVE A PANELIST FOR CAUSE PRIOR TO THE EXPIRATION OF THEIR TERM. SUCH VACANCIES SHALL BE FILLED FOR THE REMAINDER OF SUCH TERM. § 5805. ANNUAL REPORT. NOT LATER THAN NINETY DAYS FOLLOWING THE END OF THE STATE FISCAL YEAR THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL ANNUALLY SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT ON THE PRIORITIES AND FINANCES OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER. THE REPORT SHALL SUMMARIZE THE ACTIVITIES OF THE CENTER DURING THE PRECEDING STATE FISCAL YEAR AND SHALL ADDRESS TOPICS INCLUDING, BUT NOT LIMITED TO: (A) THE COLLECTION, MAINTENANCE, AND DISSEMINATION OF RELEVANT RECORDS; (B) EDUCATIONAL, SCHOLARLY, OR ACADEMIC ACTIVITIES OF THE CENTER; (C) COMPLIANCE BY POLITICAL SUBDIVISIONS WITH THE REQUIREMENTS OF SECTION 3-112 OF THE ELECTION LAW AND ANY ENFORCEMENT ACTIONS; AND (D) ANY OUTSTANDING CHALLENGES TO THE ACHIEVEMENT OF THE OBJECTIVES OF THE CENTER UNDER THIS ARTICLE. § 4. The civil practice law and rules is amended by adding a new rule 4551 to read as follows: RULE 4551. NEW YORK VOTING AND ELECTIONS DATABASE AND THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER. THE DATA, INFORMATION, AND/OR ESTIMATES MAINTAINED BY THE NEW YORK VOTING AND ELECTIONS DATABASE AND/OR NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL BE GRANTED A REBUTTABLE PRESUMPTION OF VALIDITY BY ANY COURT CONCERNING ANY CLAIM BROUGHT. § 5. 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. 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 RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN SUCH SECTION. § 6. 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. 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 ARTI- CLE SHALL TRANSMIT COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN SUCH SECTION. § 7. Section 2553 of the education law is amended by adding a new subdivision 2-a 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 RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN SUCH SECTION. § 8. The election law is amended by adding a new section 15-140 to read as follows: S. 657--A 7 § 15-140. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH VILLAGE THAT HOLDS AN ELECTION NOT CONDUCTED BY A BOARD OF ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT TO THE STATE BOARD OF ELECTIONS COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION 3-112 OF THIS CHAPTER IN A MANNER AND TIME PROVIDED FOR IN SUCH SECTION. § 9. The state finance law is amended by adding a new section 97-ss to read as follows: § 97-SS. NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND. 2. THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER 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 CENTER. 3. MONEYS IN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER 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 ACADEMIC CENTER 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 ACADEMIC CENTER FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE AVAILABLE TO THE NEW YORK STATE BOARD OF ELECTION FOR MAINTENANCE OF THE NEW YORK VOTING AND ELECTIONS DATABASE AS SET FORTH IN SECTION 3-112 OF THE ELECTION LAW AND THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FOR RESEARCH AND EDUCATION PROGRAMS AS SET FORTH IN ARTICLE ONE HUNDRED SEVENTEEN OF THE EDUCATION LAW. § 10. Section 17-208 of the election law is amended by adding three new subdivisions 6, 7, and 8 to read as follows: 6. NOT LATER THAN SIX MONTHS BEFORE THE EFFECTIVE DATE OF THIS SECTION AND EVERY FIVE YEARS THEREAFTER, THE CO-DIRECTORS OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER ESTABLISHED PURSUANT TO ARTICLE ONE HUNDRED SEVENTEEN OF THE EDUCATION LAW SHALL PUBLISH A LIST OF: (A) EACH BOARD OF ELECTIONS OR POLITICAL SUBDIVISION THAT IS REQUIRED TO PROVIDE LANGUAGE-RELATED ASSISTANCE IN VOTING AND ELECTIONS UNDER THAT SECTION; AND (B) EACH LANGUAGE IN WHICH SUCH ASSISTANCE SHALL BE PROVIDED IN EACH SUCH POLITICAL SUBDIVISION. 7. THE ATTORNEY GENERAL SHALL ADOPT EACH SUCH LIST BY REGULATION AND SHALL PROVIDE THE INFORMATION CONTAINED THEREIN TO EACH AFFECTED BOARD OF ELECTIONS OR POLITICAL SUBDIVISION. 8. THE ATTORNEY GENERAL SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION. § 11. This act shall take effect April 1, 2026 and shall apply to any election on or after such date. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
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