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This entry was published on 2014-09-22
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Testing of voting and ballot counting machines
§ 7-206. Testing of voting and ballot counting machines. 1. The state
board of elections shall test every voting machine of a type approved
after September first, nineteen hundred eighty-six and every ballot
counting machine to insure that each such machine functions properly
before such machines may be used in any election in this state.

2. Such testing shall include, but not be limited to, a verification
of the authenticity and integrity of the resident vote tabulation
programming in open, encrypted, compiled, assembled, or any other form,
in each voting machine of such types, by comparison of such resident
vote tabulation programming with the programming which was in the
machine of such type which was approved for use in this state and the
recording of at least eight hundred votes on each such voting machine
and a sufficient number of votes on each such ballot counting machine,
by a method which may be mechanical or electronic, to determine if such
machine accurately records such votes.

3. At least annually, the board of elections of each county in which
any such voting or ballot counting machines are in use shall test each
such machine in a manner prescribed by the state board of elections
under conditions supervised by such state board. Such tests shall
include, but not be limited to the tests required by subdivision two of
this section.

4. Upon the discovery of a discrepancy during the recanvass required
by subdivision three of section 9-208 of this chapter, the ballot
scanner shall be retested pursuant to 9 NYCRR 6210.2. No ballot scanner
shall be returned to service until any such discrepancy has been