S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    331
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BIAGGI,  MAYER, SKOUFIS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Elections
 
 AN  ACT to amend the election law, in relation to requests for proposals
   for voting machines and contracts for purchase of voting  machines  or
   systems
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 7-201  of  the  election  law,  as
 amended  by  chapter  181  of  the  laws  of 2005, is amended to read as
 follows:
   1. [Any person or corporation owning or being interested in any voting
 machine or system may apply to have] ANY COMMISSIONER OF the state board
 of elections [examine such machine or system] MAY SOLICIT  REQUESTS  FOR
 PROPOSALS  FOR  VOTING MACHINES OR SYSTEMS TO BE CERTIFIED BY SUCH BOARD
 FOR USE IN NEW YORK  STATE.  [Such  applicant]  ALL  SUCH  REQUESTS  FOR
 PROPOSALS  SHALL  CONTAIN  A PROVISION STATING THAT ANY PERSON OR ENTITY
 SUBMITTING A PROPOSAL shall pay to the board before the  examination  OF
 SUCH PROPOSED VOTING MACHINE OR SYSTEM, a fee equal to the cost of [such
 examination] EXAMINING SUCH VOTING MACHINE OR SYSTEM. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02104-01-1

 S. 331                              2
 
 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 laborato-
 ry,  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.  Subdivisions  1  and 2 of section 7-204 of the election law, as
 amended by chapter 181 of the laws of  2005,  are  amended  to  read  as
 follows:
   1.  All  contracts for purchase of voting machines or systems of types
 approved by the state board of  elections  shall  include,  but  not  be
 limited to, requirements that the vendors provide assistance in training
 board  of  elections  personnel  in  the  operation  of such machines or
 systems and any ancillary equipment, assistance in the  conduct  of  all
 elections  conducted during the first year in which each such machine or
 system is used and at least [five] TEN years of  service  for  all  such
 machines or systems and ancillary equipment.
   2.  All  such  contracts shall also require the vendor to guarantee in
 writing to keep such machines and systems in good working order  for  at
 least  [five] TEN years without additional cost and to perform satisfac-
 torily its training and service obligations under the  contract  and  to
 give a sufficient bond conditioned to that effect.
   § 3. This act shall take effect immediately.