2006 New York Code - Voting Machine Or System; Requirements Of.

 
    §  7-202.  Voting  machine  or  system;  requirements  of. 1. A voting
  machine or system to be approved by the state board of elections shall:
    a. be constructed so as to allow for voting for all candidates who may
  be nominated and on all ballot proposals which  may  be  submitted  and,
  except  for  elections  at  which  the number of parties and independent
  bodies on the ballot exceeds the number of rows or columns available, so
  that the amount of space between the names of any two candidates of  any
  party or independent body in any row or column of such machine or system
  at any election is no greater than the amount of space between the names
  of  any  other  candidates  of  such  party  or independent body at such
  election;
    b. permit a voter to vote for any person for any  office,  whether  or
  not  nominated  as  a candidate by any party or independent body without
  the ballot, or any part thereof, being removed from the machine  at  any
  time;
    c.  be constructed so that a voter cannot vote for a candidate or on a
  ballot proposal for whom or on which he or she is not lawfully  entitled
  to vote;
    d. if the voter selects votes for more than one candidate for a single
  office,  except where a voter is lawfully entitled to vote for more than
  one person for that office, notify the voter that the voter has selected
  more than one candidate for a single office on the  ballot,  notify  the
  voter  before  the  ballot  is cast and counted of the effect of casting
  multiple  votes  for  the  office,  and  provide  the  voter  with   the
  opportunity to correct the ballot before the ballot is cast and counted;
    e.  provide  the  voter  an opportunity to privately and independently
  verify votes selected and the ability  to  privately  and  independently
  change  such  votes  or  correct any error before the ballot is cast and
  counted;
    f. be provided with a "protective counter" which records the number of
  times the machine or system has been operated since it was built  and  a
  "public  counter"  which records the number of persons who have voted on
  the machine at each separate election;
    g. be provided with a lock or locks, or other device or  devices,  the
  use of which, immediately after the polls are closed or the operation of
  the  machine  or  system for such election is completed, will absolutely
  secure the voting or registering mechanism and prevent the recording  of
  additional votes;
    h.  be  provided  with  sufficient  space  to  display the information
  required herein, provided, however, in the alternative, such information
  may be displayed within the official ballot;
    i. be provided  with  a  device  for  printing  or  photographing  all
  counters  or  numbers recorded by the machine or system before the polls
  open and after the polls close which shall be a permanent record with  a
  manual audit capacity available for canvassing the votes recorded by the
  machine  or  system;  such paper record shall be preserved in accordance
  with the provisions of section 3-222 of this chapter;
    j. retain all paper  ballots  cast  or  produce  and  retain  a  voter
  verified  permanent  paper  record which shall be presented to the voter
  from behind a window or other device before the ballot  is  cast,  in  a
  manner  intended  and designed to protect the privacy of the voter; such
  ballots or record shall allow a manual audit and shall be  preserved  in
  accordance with the provisions of section 3-222 of this chapter;
    k.  provide  sufficient  illumination  to  enable the voter to see the
  ballot;
    l. be suitable for the use  of  election  officers  in  examining  the
  counters  such  that  the protective counters and public counters on all
  such machines or systems must be located so that they will be visible to
  the inspectors and watchers at all times while the polls are open;
    m.  be  provided with a screen and hood or curtain or privacy features
  with equivalent function which shall be  so  made  and  adjusted  as  to
  conceal the voter and his or her action while voting;
    n. contain a device which enables all the election inspectors and poll
  watchers  at such election district to determine when the voting machine
  or system has been activated for voting and when the voter has completed
  casting his or her vote;
    o. permit the primaries of at least five parties to be  held  on  such
  machine  or  system at a single election, and accommodate such number of
  multiple ballots at a single election as may be required  by  the  state
  board of elections but in no case less than five;
    p.  be constructed to allow a voter in a wheelchair to cast his or her
  vote;
    q. permit inspectors of elections  to  easily  and  safely  place  the
  voting machine or system in a wheelchair accessible position;
    r.  ensure  the integrity and security of the voting machine or system
  by:
    (i) being capable of conducting both  pre-election  and  post-election
  testing  of  the  logic  and  accuracy  of  the  machine  or system that
  demonstrates an accurate tally when a known quantity of votes is entered
  into each machine; and
    (ii) providing a means by which a  malfunctioning  voting  machine  or
  system shall secure any votes already cast on such machine or system;
    s.   permit   alternative   language  accessibility  pursuant  to  the
  requirements of section 203 of the Voting Rights Act of 1965 (42  U.S.C.
  1973aa-1a)  such  that  it  must  have  the capacity to display the full
  ballot in the alternative  languages  required  by  the  federal  Voting
  Rights  Act  if  such  voting machine or system is to be used where such
  alternative languages are required or where the local board  deems  such
  feature necessary; and
    t.  not  include  any  device  or functionality potentially capable of
  externally transmitting or receiving data via the internet or via  radio
  waves or via other wireless means.
    2. The state board of elections shall approve, for use at each polling
  place at least one voting machine or system at such polling place which,
  in  addition  to  meeting  the  requirements  in subdivision one of this
  section, shall:
    a. be equipped with a voting device with tactile discernible  controls
  designed to meet the needs of voters with limited reach and limited hand
  dexterity;
    b.  be  equipped  with  an  audio voting feature that communicates the
  complete content of the ballot in a voice which permits a voter  who  is
  blind  or  visually impaired to cast a secret ballot using voice-only or
  tactile discernible controls; and
    c. be capable  of  being  equipped  with  a  pneumatic  switch  voting
  attachment  which  can  be  operated  orally  by  gentle pressure or the
  creation of a vacuum through the inhalation or exhalation of air by  the
  voter  including,  but  not  limited  to,  a  sip-and-puff switch voting
  attachment.
    3. The state board of elections may, in  accordance  with  subdivision
  four   of  section  3-100  of  this  chapter,  establish  by  regulation
  additional standards for voting machines  or  systems  not  inconsistent
  with this chapter.
    4.  Local boards of elections which obtain voting machines pursuant to
  this chapter may  determine  to  purchase  direct  recording  electronic
  machines  or  optical scan machines in conformance with the requirements
  of this chapter.