Introduction

In the landmark case Joseph Stone v. Montgomery County Board of Elections et al. (2025 N.Y. Slip Op. 131), the Supreme Court of New York, Third Department addressed a significant issue concerning the accessibility of Cast Vote Records (CVRs) under the Freedom of Information Law (FOIL). The appellant, Joseph Stone, challenged the Montgomery County Board of Elections' denial of his FOIL request for detailed voting records from the 2020 Presidential Election. Stone alleged that 503 voters' ballots were not included in the state's voter history report, raising concerns about the accuracy and transparency of the electoral process.

Summary of the Judgment

The court affirmed the decision of the Supreme Court of Montgomery County, which had dismissed Stone's petition to compel the production of the requested CVR. The Board of Elections justified the denial by stating that their current version of the Dominion Voting Systems' Democracy Suite software lacked the capability to generate the specific CVR report requested. Both Republican and Democratic commissioners of the Board provided affidavits certifying that exhaustive and diligent searches failed to produce the desired records. The appellate court found no merit in Stone's arguments, deeming his assertions speculative and unsupported by concrete evidence. Consequently, the judgment to uphold the Board's denial was affirmed without costs.

Analysis

Precedents Cited

The judgment extensively referenced several precedential cases to substantiate the Board of Elections' position:

• Matter of Rattley v. New York City Police Dept. (96 N.Y.2d 873, 2001): Established that agencies must certify the absence of records after a diligent search when they are unable to locate documents requested under FOIL.
• Matter of DeWolf v. Wirenius (229 A.D.3d 931, 2024): Reinforced the requirement for agencies to perform diligent searches but clarified that detailed descriptions of such searches are not mandatory.
• Matter of Jackson v. Albany County Dist. Attorney's Office (176 A.D.3d 1420, 2019): Highlighted that even with proper certification of non-existence, petitioners who can demonstrate a factual basis for the existence of documents may be entitled to a hearing.
• Additional cases like Matter of Pak v. NYS Dept. of Motor Vehicles and Matter of Mcfadden v. Fonda were cited to support the Board's adherence to certification requirements.

Legal Reasoning

The court's reasoning centered on the Board of Elections' compliance with FOIL's certification requirements. By providing affidavits from both commissioners and confirming communications from Dominion Voting Systems affirming the software's limitations, the Board demonstrated a diligent and comprehensive search for the requested CVRs. The appellant's reliance on speculative expert affidavits was deemed insufficient to override the Board's factual attestations. The court emphasized that without concrete evidence challenging the Board's claims, the denial of the FOIL request stood justified.

Impact

This judgment underscores the importance of technological capabilities in accessing public records. It sets a precedent that when governmental bodies demonstrate a bona fide inability to produce specific records due to software constraints, such denials under FOIL are likely to be upheld. This decision may influence future FOIL requests related to electronic voting systems, ensuring that agencies are not held accountable for limitations beyond their control. Additionally, it may prompt electoral bodies to evaluate and potentially upgrade their software systems to enhance transparency and accessibility of electoral data.

Complex Concepts Simplified

Freedom of Information Law (FOIL)

FOIL is a New York State law that grants the public the right to access records from government agencies. It is designed to promote transparency and accountability in governmental operations.

Cast Vote Record (CVR)

A CVR is a detailed record of each individual ballot cast in an election. It includes data such as the ballot's unique identifier, timestamp, voting method, and specific votes for all races. CVRs are essential for auditing election results and ensuring their accuracy.

CPLR Article 78 Proceeding

This is a legal procedure in New York used to challenge the decisions of administrative agencies or public bodies. It allows individuals to seek judicial review of agency actions, such as the denial of a FOIL request.

Diligent Search

Under FOIL, when a government agency claims it does not possess certain records, it must demonstrate that it conducted a thorough and diligent search to locate those records before denying access.

Conclusion

The Supreme Court of New York's affirmation in Stone v. Montgomery County serves as a crucial affirmation of the balance between public transparency and the operational capabilities of governmental bodies. By upholding the denial of the FOIL request based on verifiable software limitations, the court reinforced the necessity for government agencies to possess and utilize adequate technological tools to facilitate public access to vital records. This decision not only clarifies the standards for fulfilling FOIL requests related to electronic data but also emphasizes the judiciary's role in ensuring that denials are based on substantive and factual grounds rather than speculative assertions. Moving forward, electoral boards and other public agencies may be encouraged to invest in better systems to enhance record-keeping and public accessibility, thereby fostering greater trust and transparency in governmental processes.