Bill Text: NY A01956 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the election law, in relation to the availability of the reports of the examinations by the state board of elections of voting machines and systems

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to election law [A01956 Detail]

Download: New_York-2009-A01956-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1956
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2009
                                      ___________
       Introduced by M. of A. THIELE -- read once and referred to the Committee
         on Election Law
       AN ACT to amend the election law, in relation to the availability of the
         reports  of the examinations by the state board of elections of voting
         machines and systems
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section 7-201 of the election law, as
    2  amended by chapter 181 of the laws  of  2005,  is  amended  to  read  as
    3  follows:
    4    1.  Any person or corporation owning or being interested in any voting
    5  machine or system may apply to have the state board of elections examine
    6  such machine or system. Such applicant shall pay to the board before the
    7  examination a fee equal to the cost of such examination. The state board
    8  of elections shall cause the machine or system  to  be  examined  and  a
    9  report  of  the  examination  to  be made and filed in the office of the
   10  state board, AND EVERY SUCH REPORT SHALL BE  MADE  PART  OF  THE  PUBLIC
   11  RECORD  AND  BE  MADE  AVAILABLE TO THE PUBLIC IN ELECTRONIC FORM ON THE
   12  STATE BOARD'S WEBSITE AND IN WRITTEN FORM UPON REQUEST.   Such  examina-
   13  tion  shall  include a determination as to whether the machine or system
   14  meets the requirements of section 7-202 of this  title  and  a  thorough
   15  review  and  testing  of  any electronic or computerized features of the
   16  machine or system. Such report shall state an opinion as to whether  the
   17  kind of machine or system so examined can safely and properly be used by
   18  voters  and local boards of elections at elections, under the conditions
   19  prescribed in this article and the  requirements  of  the  federal  Help
   20  America Vote Act. If the report states that the machine or system can be
   21  so  used,  and  the  board  after  its own examination so determines, in
   22  accordance with subdivision four of section 3-100 of this  chapter,  the
   23  machine  or  system shall be deemed approved, and machines or systems of
   24  its kind may be adopted for use at elections  as  herein  provided.  The
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03211-01-9
       A. 1956                             2
    1  voting machine or system shall be examined by examiners or testing labo-
    2  ratories to be selected for such purpose by the state board.  Each exam-
    3  iner or laboratory shall receive compensation and expenses for making an
    4  examination  and  report as to each voting machine or system examined by
    5  him or it. Neither any member of the state board of  elections  nor  any
    6  examiner  or owner or employee of any testing laboratory, shall have any
    7  pecuniary interest in any voting machine or system. Any form  of  voting
    8  machine or system not so approved, cannot be used at any election.
    9    S 2. This act shall take effect immediately.