S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  829--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Election  Law  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the election law, in  relation  to  the  examination  of
   voting machines by the state board of elections
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 3 of section 7-201 of the election  law,
 as  amended  by  chapter 181 of the laws of 2005, are 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. Such examination shall include a determination as to wheth-
 er the machine or system meets the requirements of section 7-202 of this
 title  and  a thorough review and testing of any electronic or computer-
 ized features of the machine or system. Such report shall state an opin-
 ion as to whether the kind of machine or system so examined  can  safely
 [and],  properly,  AND  SECURELY  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] MAY be
 deemed approved, and machines or systems of its kind may be adopted  for
 use  at elections as herein provided.  NOTWITHSTANDING THAT A MACHINE OR
 SYSTEM MEETS THE REQUIREMENTS OF SECTION 7-202 OF THIS TITLE, THE  STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02120-02-1

 A. 829--A                           2
 
 BOARD,  IN  ITS DISCRETION, MAY REJECT THE USE OF SUCH MACHINE OR SYSTEM
 ON THE GROUND THAT IT IS NOT PROPER,  SAFE  AND/OR  SECURE.  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  exam-
 ination  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  exam-
 iner  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.
   3. If at any time after any machine or system has been approved pursu-
 ant  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  AND
 SECURELY  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.  NOTWITHSTANDING
 THAT A MACHINE OR SYSTEM MEETS THE REQUIREMENTS OF SECTION 7-202 OF THIS
 TITLE, THE STATE BOARD, IN ITS DISCRETION, MAY RESCIND ITS  APPROVAL  OF
 SUCH  MACHINE OR SYSTEM ON THE GROUND THAT IT IS NOT PROPER, SAFE AND/OR
 SECURE. 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.
   § 2. This act shall take effect immediately.