S T A T E O F N E W Y O R K
________________________________________________________________________
5158
2025-2026 Regular Sessions
I N S E N A T E
February 19, 2025
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06024-01-5
S. 5158 2
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]
THEM 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.
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.