New York Statutes § 7-207 Voting and ballot counting machines; preparation of, party representatives

Statute Text

1. It shall be the duty of the board of elections to cause the proper ballot labels to be prepared and placed on those voting machines which require ballot labels, to cause the machines and any removable electronic or computerized devices which operate such machines or record the vote thereon to be placed in proper order for voting, to examine all voting machines and all such electronic or computerized devices before they are sent out to the different polling places, to see that all the registering counters are set at zero, to cause a printed record of all the ballot label programming data, for each election, which is entered into each voting machine of a type approved after September first, nineteen hundred eighty-six, or which is entered into any removable electronic or computerized device which operates such machine or records the vote thereon, to be produced directly from the device on which such ballot label programming data was entered and to lock all voting machines so that the counting machinery can not be operated and to seal each one with a numbered seal.

(a) Before preparing or programming the voting and ballot counting machines and any removable electronic or computerized devices which operate such machines or record the vote thereon for any election, written notices shall be mailed to the chairman of the county committees of the major political parties, stating the times when and place or places where the machines and devices will be prepared or programmed; at which times and place or places, one representative of each of such political parties, certified by the respective chairmen of the county committees of such parties, shall be entitled to be present and see that the machines and devices are properly prepared and placed in proper condition and order for use at the election. The party representatives shall take the constitutional oath of office, which shall be filed in the office of the board of elections.

(b) It shall be the duty of such party representatives to be present at the preparation of the voting machines for election and see that the machines are properly prepared and that all registering counters are set at zero by examining such counters or by examining the printed or photographic record produced by such voting machine or by examining the printed record of the ballot label programming data on such machine. When the machines have been prepared for election, it shall be the duty of the custodian or custodians of voting machines and party representatives, to make a certificate in writing which shall be filed in the office of the board of elections, stating the number of machines, whether or not all the machines are set at zero, the number registered on the protective counter, and the number on the seal with which the machine is sealed.

3. No custodian or other employee of the board of elections shall in any way prevent free access to and examination of all voting machines that are to be used at the election, by the duly appointed party representatives. The board of elections and its employees shall afford the party representatives every facility for the examination of all voting machines and devices and the registering counters, the printed or photographic record of the counters or the printed record of the ballot label programming data on such machines, if any, the protective counters and the public counters of each and every voting machine. All such printed or photographic records shall be public records at the offices of the boards of elections.

4. It shall be the duty of the board of elections to cause such voting machine or machines, prepared as provided pursuant to this section to be delivered at each of the respective polling places in which they are to be used, at least one hour before the time set for the opening of the polls. After the machine has been delivered, it shall be set up in the proper manner for use at the election, and it shall be the duty of the local authorities to provide ample protection against tampering with the machines.

5. The party representatives shall be paid for their services an amount that shall be fixed by the board of elections, such amount shall, however, be approved by the governing body of the municipality wherein said machines are used and paid by such municipality.

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