S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1155
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  REYES, SAYEGH, THIELE, SIMON, COOK,
   DeSTEFANO -- read once and referred to the Committee on Election Law
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04088-01-3
              

 A. 1155                             2
 
 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.