2006 New York Code - 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 printed by a printer which meets or
  exceeds standards for clarity and speed of reproduction  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, 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 and 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.