N.Y. Election Law § 7-201: Voting machines and systems; examination of

§ 7-201. Voting machines and systems; examination of. 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 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

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

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.

2. When any change is made in the operation or material of any feature

or component of any machine or system which has been approved pursuant

to the provisions of this section, such machine or system must be

submitted for such re-examination and reapproval pursuant to the

provisions of subdivision one of this section as the state board of

elections deems necessary.

3. If at any time after any machine or system has been approved

pursuant 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 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.

4. The state board of elections may authorize, for use on an

experimental basis, one or more types of voting machine, system or

equipment not previously approved by such board pursuant to the

provisions of this section and may authorize a local board of elections

to rent or borrow a limited number of one such type of machine, system

or equipment for use in a primary, special, general or village election.

Authorization for such use of such a machine, system or equipment may be

given for all or part of any city, town or village for any such

election.

5. The board shall deposit all fees collected pursuant to the

provisions of subdivision one of this section to the credit of the

voting machine and system examination fund established pursuant to

section ninety-two-p of the state finance law.