New York Statutes § 7-201 Voting machines and systems; examination of

Statute Text

1. Any person or corporation owning or being interested in any voting machine or system may apply to have the state board of elections examine such machine or system. Such applicant shall pay to the board before the examination a fee equal to the cost of such examination. The state board of elections shall cause the machine or system to be examined and a report of the examination to be made and filed in the office of the state board. Such examination shall include a determination as to whether the machine or system meets the requirements of section 7-202 of this title and a thorough review and testing of any electronic or computerized features of the machine or system. Such report shall state an opinion as to whether the kind of machine or system so examined can safely and properly be used by voters and local boards of elections at elections, under the conditions prescribed in this article and the requirements of the federal Help America Vote Act. If the report states that the machine or system can be so used, and the board after its own examination so determines, in accordance with subdivision four of section 3-100 of this chapter, the machine or system shall be deemed approved, and machines or systems of its kind may be adopted for use at elections as herein provided. The voting machine or system shall be examined by examiners or testing laboratories to be selected for such purpose by the state board. Each examiner or laboratory shall receive compensation and expenses for making an examination and report as to each voting machine or system examined by him or it. Neither any member of the state board of elections nor any examiner or owner or employee of any testing laboratory, shall have any pecuniary interest in any voting machine or system. Any form of voting machine or system not so approved, cannot be used at any election.

2. When any change is made in the operation or material of any feature or component of any machine or system which has been approved pursuant to the provisions of this section, such machine or system must be submitted for such re-examination and reapproval pursuant to the provisions of subdivision one of this section as the state board of elections deems necessary.

3. If at any time after any machine or system has been approved pursuant to the provisions of subdivision one or two of this section, the state board of elections has any reason to believe that such machine or system does not meet all the requirements for voting machines or systems set forth in this article, it shall forthwith cause such machine or system to be examined again in the manner prescribed by subdivision one of this section. If the opinions in the report of such examinations do not state that such machine or system can safely and properly be used by voters at elections under the conditions prescribed by this article, the state board of elections shall forthwith rescind its approval of such machine or system. After the date on which the approval of any machine or system is rescinded, no machines or systems of such type may be purchased for use in this state. The state board of elections shall examine all machines or systems of such type which were previously purchased, to determine if they may continue to be used in elections in this state.

4. The state board of elections may authorize, for use on an experimental basis, one or more types of voting machine, system or equipment not previously approved by such board pursuant to the provisions of this section and may authorize a local board of elections to rent or borrow a limited number of one such type of machine, system or equipment for use in a primary, special, general or village election. Authorization for such use of such a machine, system or equipment may be given for all or part of any city, town or village for any such election.

5. The board shall deposit all fees collected pursuant to the provisions of subdivision one of this section to the credit of the voting machine and system examination fund established pursuant to section ninety-two-p of the state finance law.

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