Senate Bill S10599

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10599
 
                             I N  S E N A T E
 
                               May 29, 2026
                                ___________
 
 Introduced  by Sen. GONZALEZ -- 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  inspection  of
   election materials, equipment and non-public records
 
   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  17-171
 to read as follows:
   § 17-171. INSPECTION  OF  ELECTION MATERIALS, EQUIPMENT AND NON-PUBLIC
 RECORDS. 1. IF ANY STATE, COUNTY, OR LOCAL OFFICIAL OR EMPLOYEE, INCLUD-
 ING ANY ELECTION OFFICER OR VOTING MACHINE CUSTODIAN, RECEIVES FROM  ANY
 PRIVATE  OR  GOVERNMENTAL  ENTITY,  INDIVIDUAL  OR  OFFICIAL A SUBPOENA,
 WARRANT OR OTHER REQUEST FOR OR TO INSPECT ANY OF  THE  ITEMS  IN  PARA-
 GRAPHS (A) THROUGH (F) OF THIS SUBDIVISION, OR SERVICE OF A COMPLAINT OR
 PETITION  IN  A  LEGAL  PROCEEDING SEEKING SUCH RELIEF, SUCH OFFICIAL OR
 CUSTODIAN SHALL, NOT LATER THAN THIRTY-SIX HOURS AFTER  THE  RECEIPT  OF
 SUCH SUBPOENA, WARRANT OR OTHER REQUEST, OR SERVICE OF SUCH COMPLAINT OR
 PETITION,  PROVIDE A COPY TO THE ATTORNEY GENERAL AND THE STATE BOARD OF
 ELECTIONS. THE ATTORNEY GENERAL AND THE STATE BOARD OF  ELECTIONS  SHALL
 POST  NOTICE, ON EACH OF SUCH OFFICES' WEBSITES, OF THE METHODS BY WHICH
 AN OFFICIAL OR CUSTODIAN MAY PROVIDE SUCH COPY TO SUCH OFFICES.  IN  THE
 CASE  OF THE STATE BOARD OF ELECTIONS RECEIVING SUCH A SUBPOENA, WARRANT
 OR OTHER REQUEST, OR SERVICE OF SUCH COMPLAINT OR  PETITION,  THE  BOARD
 SHALL  IMMEDIATELY  PROVIDE  A  COPY  OF SUCH SUBPOENA, WARRANT OR OTHER
 REQUEST, OR COMPLAINT OR PETITION FOR ITEMS IN  PARAGRAPHS  (A)  THROUGH
 (F)  OF  THIS  SUBDIVISION, TO THE ATTORNEY GENERAL.  THE OBLIGATIONS OF
 THIS SECTION SHALL APPLY TO THE FOLLOWING ITEMS:
   (A) VOTED BALLOTS; OFFICIAL BALLOTS; BALLOT IMAGES; OR ENVELOPES;
   (B) BALLOT DROP BOX AS DEFINED IN SECTION 8-416 OF THIS CHAPTER;
   (C) VOTING OR BALLOT COUNTING MACHINE OR  OTHER  DEVICE  USED  IN  THE
 CONDUCT OF ANY ELECTION;
   (D)  ANY NON-PUBLIC VOTER INFORMATION AS SPECIFIED BY SECTION 3-220 OF
 THIS CHAPTER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15583-03-6
              

 S. 10599                            2
 
   (E) DOCUMENTATION OF REQUESTS FOR  ABSENTEE  OR  EARLY  VOTE  BY  MAIL
 BALLOTS THAT INCLUDE NON-PUBLIC PERSONALLY IDENTIFIABLE INFORMATION; OR
   (F)  NON-PUBLIC  PERSONALLY  IDENTIFIABLE INFORMATION OF ANY ELECTIONS
 OFFICER AS DEFINED BY SECTION 1-104 OF THIS CHAPTER.
   2. UPON RECEIPT OF SUCH  SUBPOENA,  WARRANT,  OR  OTHER  REQUEST,  THE
 ATTORNEY  GENERAL MAY SEEK PRELIMINARY OR PERMANENT INJUNCTIVE, DECLARA-
 TORY OR OTHER  APPROPRIATE  EQUITABLE  RELIEF  IN  CONNECTION  WITH  ANY
 ELECTION  BY  BRINGING  A  COMPLAINT TO A DESIGNATED COURT, IN WHICH THE
 ATTORNEY GENERAL SHALL SET OUT THE SUBPOENA, WARRANT, OR OTHER REQUEST.
   3. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW, IN ANY ACTION  OR
 PROCEEDING FILED IN STATE COURT VENUE SHALL BE PROPER ONLY IN ONE OF THE
 FOLLOWING  DESIGNATED  COURTS  IN  A JUDICIAL DEPARTMENT WITHIN WHICH AT
 LEAST ONE PLAINTIFF IS LOCATED:
   (A) FIRST JUDICIAL DEPARTMENT: NEW YORK COUNTY;
   (B) SECOND JUDICIAL DEPARTMENT: WESTCHESTER COUNTY;
   (C) THIRD JUDICIAL DEPARTMENT: ALBANY COUNTY; OR
   (D) FOURTH JUDICIAL DEPARTMENT: ERIE COUNTY.
   4. THE ATTORNEY GENERAL SHALL FILE A  CERTIFICATION  ATTACHED  TO  THE
 COMPLAINT  INDICATING  THAT  A  COPY  OF  THE COMPLAINT HAS BEEN SENT BY
 FIRST-CLASS MAIL OR DELIVERED TO THE STATE BOARD OF ELECTIONS,  AND  ANY
 OTHER  INTERESTED  PARTY.  IF  SUCH  COMPLAINT  IS  MADE  PRIOR  TO SUCH
 ELECTION, THE JUDGE HEARING SUCH CASE  SHALL  PROCEED  EXPEDITIOUSLY  TO
 RENDER  JUDGMENT ON THE COMPLAINT AND SHALL CAUSE NOTICE OF THE HEARING,
 IF ANY, TO BE GIVEN TO THE STATE BOARD OF ELECTIONS.
   5. ACTIONS BROUGHT PURSUANT TO THIS SECTION SHALL BE SUBJECT TO  EXPE-
 DITED  PRETRIAL  AND TRIAL PROCEEDINGS AND RECEIVE AN AUTOMATIC CALENDAR
 PREFERENCE. NOTWITHSTANDING ANY OTHER PROVISION OF  STATE  LAW,  IN  ANY
 ACTION ALLEGING A VIOLATION OF THIS SECTION IN WHICH THE ATTORNEY GENER-
 AL  SEEKS  PRELIMINARY  RELIEF WITH RESPECT TO AN UPCOMING ELECTION, THE
 COURT SHALL GRANT RELIEF IF IT DETERMINES THAT THE ATTORNEY  GENERAL  IS
 MORE  LIKELY THAN NOT TO SUCCEED ON THE MERITS.  THE COURT MAY FORTHWITH
 ORDER ANY INJUNCTIVE OR DECLARATORY  RELIEF  NECESSARY  TO  PRESERVE  OR
 RESTORE  THE STATUS QUO, INCLUDING, BUT NOT LIMITED TO, ORDERING THAT AN
 ELECTION OFFICER RETAIN CUSTODY OF ANY VOTED OR OFFICIAL BALLOT,  BALLOT
 IMAGES  OR ENVELOPES; BALLOT DROP BOX; VOTING OR BALLOT COUNTING MACHINE
 OR OTHER DEVICE USED IN THE CONDUCT  OF  ANY  ELECTION;  ANY  NON-PUBLIC
 VOTER  INFORMATION; DOCUMENTATION OF REQUESTS FOR ABSENTEE OR EARLY MAIL
 BALLOTS THAT INCLUDE NON-PUBLIC PERSONALLY IDENTIFIABLE INFORMATION;  OR
 NON-PUBLIC PERSONALLY IDENTIFIABLE INFORMATION OF ANY ELECTIONS OFFICER.
   6.  UPON  A  SHOWING  OF EXIGENT CIRCUMSTANCES, THE COURT MAY ISSUE AN
 IMMEDIATE EX PARTE ORDER GRANTING SUCH RELIEF AS THE COURT DEEMS  APPRO-
 PRIATE.  THE  COURT  SHALL FORTHWITH ORDER A HEARING TO BE HAD UPON SUCH
 COMPLAINT, UPON A DAY NOT MORE THAN FIVE OR LESS THAN  THREE  DAYS  FROM
 THE  MAKING OF SUCH ORDER, AND SHALL CAUSE NOTICE OF NOT LESS THAN THREE
 OR MORE THAN FIVE DAYS TO BE GIVEN TO ANY CANDIDATE OR CANDIDATES  WHOSE
 ELECTION  MAY  BE  AFFECTED  BY  THE  DECISION UPON SUCH HEARING, TO ANY
 ELECTION OFFICER WHO MAY BE AFFECTED BY THE DECISION UPON SUCH  HEARING,
 TO  THE  STATE BOARD OF ELECTIONS AND TO ANY OTHER PARTY OR PARTIES WHOM
 THE COURT DEEMS PROPER PARTIES THERETO, OF THE TIME AND  PLACE  FOR  THE
 HEARING UPON SUCH COMPLAINT.
   7.  IF  AN ACTION HAS BEEN COMMENCED UNDER THIS SECTION, VOTED BALLOTS
 SHALL BE SUBJECT TO THE ORDER OF THE COURT IN WHICH THE ACTION IS  PEND-
 ING.  IN  NO  EVENT  SHALL  VOTED  BALLOTS  OR VOTING OR BALLOT COUNTING
 MACHINES BE TAKEN FROM THE  CUSTODY  OF  ELECTION  OFFICERS  OR  MACHINE
 CUSTODIANS.
 S. 10599                            3
 
   8.  ANY  ELECTION OFFICER WHO PROVIDES TO ANY THIRD PARTY THAT HAS NOT
 BEEN AUTHORIZED BY THE STATE BOARD OF ELECTIONS  ANY  VOTING  OR  BALLOT
 COUNTING  MACHINE  OR ANY PART OR APPLIANCE THEREOF SHALL BE GUILTY OF A
 CLASS A MISDEMEANOR AND A PENALTY NOT EXCEEDING TEN THOUSAND DOLLARS.
   9.  NOTWITHSTANDING  ANY OTHER PROVISION OF STATE LAW, NOTHING IN THIS
 SECTION SHALL PROHIBIT COMPLIANCE WITH AN ORDER ENFORCEABLE IN NEW  YORK
 ENTERED BY A COURT OF COMPETENT JURISDICTION.
   §  2.  If  any provision of this act or its application to any person,
 political subdivision, or circumstance is held invalid,  the  invalidity
 shall  not affect other provisions or applications of this act which can
 be given effect without the invalid provision  or  application,  and  to
 this end the provisions of this act are severable.
   § 3. This act shall take effect immediately.