N.Y. Election Law § 7-206: Testing of voting and ballot counting machines

§ 7-206. Testing of voting and ballot counting machines. 1. The state

board of elections shall test every voting machine of a type approved

after September first, nineteen hundred eighty-six and every ballot

counting machine to insure that each such machine functions properly

before such machines may be used in any election in this state.

2. Such testing shall include, but not be limited to, a verification

of the authenticity and integrity of the resident vote tabulation

programming in open, encrypted, compiled, assembled, or any other form,

in each voting machine of such types, by comparison of such resident

vote tabulation programming with the programming which was in the

machine of such type which was approved for use in this state and the

recording of at least eight hundred votes on each such voting machine

and a sufficient number of votes on each such ballot counting machine,

by a method which may be mechanical or electronic, to determine if such

machine accurately records such votes.

3. At least annually, the board of elections of each county in which

any such voting or ballot counting machines are in use shall test each

such machine in a manner prescribed by the state board of elections

under conditions supervised by such state board. Such tests shall

include, but not be limited to the tests required by subdivision two of

this section.

4. Upon the discovery of a discrepancy during the recanvass required

by subdivision three of section 9-208 of this chapter, the ballot

scanner shall be retested pursuant to 9 NYCRR 6210.2. No ballot scanner

shall be returned to service until any such discrepancy has been

resolved.