Kosmider v. Whitney

OPINION OF THE COURT

Mastín D. Auffredou, J.

In this CPLR article 78 proceeding, the court must interpret Election Law § 3-222, entitled, “Preservation of ballots and records of voting machines,” and decide whether, under that section, copies of electronic voting ballot images are public records subject to release under the Freedom of Information Law (FOIL) (Public Officers Law art 6) or, whether section 3-222 requires that copies of electronic voting ballot images can only be disclosed upon a court order. The pertinent provisions of Election Law § 3-222 which give rise to the dispute provide…