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Assembly Bill A1942

2009-2010 Legislative Session

Requires security and personnel safeguards in the use of electronic voting systems and software

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Archive: Last Bill Status - In Assembly Committee

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2009-A1942 (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd ยง7-202, El L

2009-A1942 (ACTIVE) - Summary

Requires security and personnel safeguards in the use of electronic voting systems and software.

2009-A1942 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1942

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Election Law

AN  ACT  to  amend  the  election  law, in relation to secure electronic
  voting machines and software

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  declaration. The legislature hereby declares
that no electronic voting system shall at any time contain  or  use  any
undisclosed  software.  Any  voting  system containing or using software
shall disclose the source code, object code,  and  executable  represen-
tation  of that software to the state board of elections, and such board
shall make that source code, object code, and executable  representation
available for inspection upon request to any local election board.
  S  2.  Section  7-202  of  the election law is amended by adding a new
subdivision 5 to read as follows:
  5. NO ELECTRONIC VOTING SYSTEM SHALL BE USED IN AN ELECTION FOR  STATE
OFFICE  UNLESS  THE  MANUFACTURER  OF  SUCH  SYSTEM  MEETS THE FOLLOWING
REQUIREMENTS:
  A. THE MANUFACTURER SHALL CONDUCT BACKGROUND CHECKS ON INDIVIDUALS WHO
ARE PROGRAMMERS AND DEVELOPERS BEFORE SUCH INDIVIDUALS WORK ON ANY SOFT-
WARE USED IN CONNECTION WITH THE ELECTRONIC VOTING SYSTEM.
  B. THE MANUFACTURER SHALL DOCUMENT THE CHAIN OF CUSTODY FOR THE HANDL-
ING OF SOFTWARE USED IN CONNECTION WITH THE ELECTRONIC VOTING SYSTEM.
  C. THE MANUFACTURER SHALL ENSURE THAT ANY SOFTWARE USED IN  CONNECTION
WITH THE ELECTRONIC VOTING SYSTEM IS NOT TRANSFERRED OVER THE INTERNET.
  D.  THE MANUFACTURER SHALL PROVIDE THE CODES USED IN ANY SOFTWARE USED
IN CONNECTION WITH THE ELECTRONIC VOTING SYSTEM TO THE  STATE  BOARD  OF
ELECTIONS  AND  MAY NOT ALTER SUCH CODES ONCE CERTIFICATION HAS OCCURRED
UNLESS SUCH SYSTEM IS RECERTIFIED.
  E. THE MANUFACTURER SHALL  IMPLEMENT  PROCEDURES  TO  ENSURE  INTERNAL
SECURITY, AS REQUIRED BY THE STATE BOARD OF ELECTIONS.
  F.  THE  MANUFACTURER  SHALL  MEET  SUCH  OTHER REQUIREMENTS AS MAY BE
ESTABLISHED BY THE STATE BOARD OF ELECTIONS.
  S 3. This act shall take effect immediately.

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