S T A T E O F N E W Y O R K
________________________________________________________________________
1956
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to the availability of the
reports of the examinations by the state board of elections of voting
machines and systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 7-201 of the election law, as
amended by chapter 181 of the laws of 2005, is amended to read as
follows:
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, AND EVERY SUCH REPORT SHALL BE MADE PART OF THE PUBLIC
RECORD AND BE MADE AVAILABLE TO THE PUBLIC IN ELECTRONIC FORM ON THE
STATE BOARD'S WEBSITE AND IN WRITTEN FORM UPON REQUEST. Such examina-
tion 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03211-01-9
A. 1956 2
voting machine or system shall be examined by examiners or testing labo-
ratories to be selected for such purpose by the state board. Each exam-
iner 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.
S 2. This act shall take effect immediately.