New York: Top court: Ballot images aren’t public | Ekuzabeth Izzo/Adirondack Daily Enterprise
The state’s highest court has ruled in favor of Essex County in a lawsuit that called into question whether electronically scanned images of ballots can be obtained without a court order following an election. In an opinion released June 13, state Court of Appeals Chief Judge Janet DiFiore wrote that electronic images of ballots should be subject to the same restrictions as paper ballots, which can only be examined within two years of an election with a court order or direction from a state legislative committee. “The Election Law’s closely regulated framework for handling of ballots and reviewing their contents balances ballot secrecy, anti-tampering measures, accuracy and finality,” DiFiore wrote. The Court of Appeals’ 4 to 3 decision marks the end to a four-year-long lawsuit that started with a Freedom of Information Law request in 2015. Bethany Kosmider, a former Crown Point town supervisor and chairwoman of the county Democratic committee, sought access to electronic images of ballots cast in the 2015 general election through a FOIL request filed that year.