S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9979
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Election Law
 
 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.  THE STATE BOARD OF  ELECTIONS,  IN
 ITS DISCRETION, MAY REJECT THE USE OF A MACHINE OR SYSTEM ON THE GROUNDS
 THAT  IT  IS  NOT PROPER, SAFE, OR SECURE EVEN IF SUCH MACHINE OR SYSTEM
 MEETS THE REQUIREMENTS OF  SECTION  7-202  OF  THIS  TITLE.  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  exam-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15115-01-0

 A. 9979                             2
 
 ination  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  exam-
 iner  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. 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.