N.Y. Election Law § 5-506: Optional use of computer registration lists

§ 5-506. Optional use of computer registration lists. 1.

Notwithstanding the provisions of this chapter to the contrary, a board

of elections may apply to the state board of elections for permission to

discontinue preparation, use and maintenance of registration poll

records.

2. The state board of elections shall adopt regulations establishing

the requirements which must be met by a board of elections seeking such

permission.

3. Such requirements shall include, but not be limited to the

following:

a. The board of elections maintains a complete, current, computer

readable record for each registered voter which includes a reproducible

signature, except that the record of the elections in which such voter

has voted shall not be required to be maintained in such record for

longer than the five previous calendar years. Such record may also

include a copy of the entire registration poll record or application for

registration of each such voter.

b. The board of elections maintains at least two copies of such

computer readable records, which it stores in two different buildings.

c. The computer generated registration list prepared for each election

in each election district shall be prepared in a manner which meets or

exceeds standards for clarity and speed of production established by the

state board of elections, shall be in a form approved by such board,

shall include the names of all voters eligible to vote in such election

and shall be in alphabetical order, except that, at a primary election,

the names of the voters enrolled in each political party may be placed

in a separate part of the list or in a separate list, as the board of

elections in its discretion, may determine. Such list shall contain,

adjacent to each voter's name, or in a space so designated, at least the

following: street address, date of birth, party enrollment, year of

registration, a computer reproduced facsimile of the voter's signature

or an indication that the voter is unable to sign his name, a place for

the voter to sign his name at such election and a place for the

inspectors to mark the voting machine number, the public counter number

if any, or the number of any paper ballots given the voter.

d. The board of elections preserves, for as long as registration

records are otherwise required to be preserved, the original application

for registration or registration poll record of every registered voter

filed in a manner which makes such records available for examination or,

if the computer readable record for each registered voter maintained by

the board of elections includes a copy of the entire registration poll

record or application for registration of each such voter, the board of

elections preserves the original of each such poll record or application

in such a manner for a period of at least two years, or such longer

period as the state board of elections may require, after such copy is

entered in the computer readable record or if such computer readable

records do not include the backs of those registration poll records

which have been used at one or more elections, the board preserves the

original of each such poll record for a period of at least two years

after such copy is entered in such computer readable record or four

years after the last election at which such poll record was used,

whichever is later, or such longer period as the state board of

elections may require.

4. After such inquiry as it deems appropriate, the state board of

elections shall approve the applications of those boards of elections

whose systems meet the requirements established by this section and the

regulations of the state board. Such boards may then discontinue

preparation, use and maintenance of registration poll records.

5. If the state board of elections amends its regulations, a board of

elections whose system was previously approved by the state board shall

have a reasonable time to conform to the new regulation.

6. If the state board of elections determines on its own initiative,

or upon investigation of a complaint, that the system being used by a

board of elections is not in compliance with the requirements of this

section and the regulations of the state board, it shall order such

board of elections to comply forthwith.

7. If such a board of elections does not comply with the provisions of

subdivision six of this section, the state board shall issue an order

withdrawing permission to discontinue use of registration poll records

and such board of elections shall be required to reinstitute use of such

records on the first day of December following issuance of such an

order.

8. No computer tape, computer disc or other record which can be used

to reproduce such computer generated facsimile signatures shall be sold

or otherwise distributed other than for use by a board of elections or

upon the order of a court of competent jurisdiction. However all other

data contained on any such tape, disc or record shall be sold or

otherwise distributed in the same manner as other records of the board

of elections.