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This entry was published on 2021-11-05
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Confidentiality of registration records in certain cases
§ 5-508. Confidentiality of registration records in certain cases. 1.
For purposes of this section:

(a) "Victim of domestic violence" means any person who is a victim of
a violent felony, as defined in section 70.02 of the penal law, or
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, aggravated
harassment in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, assault in the third degree or an attempted
assault; and

(i) such act or acts have resulted in actual physical or emotional
injury or have created a substantial risk of physical or emotional harm
to such person or such person's child; and

(ii) such act or acts are or are alleged to have been committed by a
family or household member.

(b) "Family or household members" mean the following individuals:

(i) persons related by consanguinity or affinity;

(ii) persons legally married to one another;

(iii) persons formerly married to one another regardless of whether
they still reside in the same household;

(iv) persons who have a child in common regardless of whether such
persons are married or have lived together at any time;

(v) persons who are not related by consanguinity or affinity and who
are or have been in an intimate relationship regardless of whether such
persons have lived together at any time. Factors the court may consider
in determining whether a relationship is an "intimate relationship"
include but are not limited to: the nature or type of relationship,
regardless of whether the relationship is sexual in nature; the
frequency of interaction between the persons; and the duration of the
relationship. Neither a casual acquaintance nor ordinary fraternization
between two individuals in business or social contexts shall be deemed
to constitute an "intimate relationship".

2. (a) A victim of domestic violence may deliver to the board of
elections, in the county wherein such victim of domestic violence is
registered or intends to be registered pursuant to this article, in
person or by mail, a signed written statement swearing or affirming:

(i) that such person is the victim of domestic violence; and

(ii) that because of the threat of physical or emotional harm to
themself or to family or household members, such person wishes for their
registration record to be kept confidential.

(b) Upon application made to the board of elections pursuant to
paragraph (a) of this subdivision, the board of elections shall ensure
that any registration record kept or maintained in accordance with this
article and any other records with respect to such victim of domestic
violence be kept separate and apart from other such records and not be
made available for inspection or copying by the public or any other
person, except election officials acting within the course and scope of
their official duties and only as pertinent and necessary in connection
therewith. The confidentiality of such registration records shall begin
upon the board's acceptance of such sworn statement and continue for
four years from such date. A new application may be made prior to the
expiration of such four year period.