The Public Records Act.

The Public Records Act (PRA) generally requires state and local governmental entities to make many government records available to the public upon request.  There are, however, over 500 statutory exemptions for certain records or information contained in records.

Upon receiving a request for records, the governmental entity must respond within five business days by providing the records or access to the records online; acknowledging receipt of the request and providing a reasonable estimate of the time needed to respond to the request; seeking clarification if the request is unclear; or denying the request on the basis that the records are exempt from disclosure requirements.

One PRA exemption to disclosure is for information regarding the infrastructure and security of computer and telecommunications networks, including security risk assessments.  Similar PRA exemptions relate specifically to election security information, including exemptions for:

• continuity of operations plans for election operations;
• security audits, risk assessments, and test results of physical security or cybersecurity of election operations or infrastructure; and
• information about election infrastructure, security, or potential threats to election security, if disclosure would increase risk to the integrity of election operations or infrastructure.

Information or records pertaining to election security breaches is not exempt under the PRA.  A voter's signature, phone number, and email address on a ballot return envelope, declaration, or signature correction form are exempt under the PRA.

Election Data and Reporting Standards.

The Office of the Secretary of State (OSOS) is required to develop statewide election data and reporting standards for how election-related data is maintained and reported by county auditors.  The standards must focus on improving the types and use of data files, public access to election data, and the efficiency of data compilation from all counties for research and analysis.  The standards are public, and the OSOS must conduct ongoing analysis of whether counties are in compliance.

New Public Records Act Exemptions Created.

New PRA exemptions are created for:

• records regarding the infrastructure of a private entity submitted to elections officials, which are exempt for 25 years after creation when they are accompanied by an express statement that the record contains information about the private entity's infrastructure and public disclosure may increase risk to the integrity of election operations or infrastructure; and
• voted ballots, or images, copies, photographs, or cast vote records of voted ballots.

Process for Public Records Act Requests Modified.

All PRA requests for records from any existing reports generated by the statewide voter registration database must be submitted and fulfilled by the OSOS.  County elections officials that receive a PRA request for such information must direct the requestor to submit their request to the OSOS within the five-business-day deadline to respond.

Election Data and Reporting Standards Repealed.

The requirement for the OSOS to develop statewide election data and reporting standards is repealed.