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This entry was published on 2014-09-22
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SECTION 7-201
Voting machines and systems; examination of
Election (ELN) CHAPTER 17, ARTICLE 7, TITLE 2
§ 7-201. Voting machines and systems; examination of. 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 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 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 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.

2. When any change is made in the operation or material of any feature
or component of any machine or system which has been approved pursuant
to the provisions of this section, such machine or system must be
submitted for such re-examination and reapproval pursuant to the
provisions of subdivision one of this section as the state board of
elections deems necessary.

3. If at any time after any machine or system has been approved
pursuant 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 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. 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.

4. The state board of elections may authorize, for use on an
experimental basis, one or more types of voting machine, system or
equipment not previously approved by such board pursuant to the
provisions of this section and may authorize a local board of elections
to rent or borrow a limited number of one such type of machine, system
or equipment for use in a primary, special, general or village election.
Authorization for such use of such a machine, system or equipment may be
given for all or part of any city, town or village for any such
election.

5. The board shall deposit all fees collected pursuant to the
provisions of subdivision one of this section to the credit of the
voting machine and system examination fund established pursuant to
section ninety-two-p of the state finance law.