N.Y. Election Law § 5-508: 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 or any person who is a victim of

a crime defined in article one hundred thirty of the penal law may

deliver to the board of elections, in the county wherein such victim of

domestic violence or victim of a crime defined in article one hundred

thirty of the penal law 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 or victim of a

crime defined in article one hundred thirty of the penal law; 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.